HomeMy WebLinkAbout02-19-2002 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 19,2002
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/Chairman Valles at 8:11 a.m., Tuesday, February 19, 2002, 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, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk
Medina, City Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Sections:
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;
Ruthee Goldkorn, et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDVC 98-42 RT (V APx);
Mervyn O'Neil v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 75007;
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV 98-1990 GAF (CTx).
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B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to suhdivision (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.
Negotiator:
Fred Wilson, City Administrator
Negotiating Parties:
Police Managers
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
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
0281-081-01
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
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0281-082-12
0281-082 -13
0281-082-14
0281-082-15
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
0281-083-01
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:
Alta J . Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
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
Vibhakerhhai 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.LC., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Jaks, L.LC., A CA Limited Liability Co.
Purchase terms & conditions
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2.
Property Addresses:
Negotiating Parties:
Under Negotiation:
Additional Closed Session Cases
9th & Del Rosa Properties:
278-061-54, 68, 74, & 75
278-201-30,31,32,33, & 34
20th Street - Arden Guthrie Area:
2241, 2251, 2261, 2271, 2291,
2311, 2321, 2331, 2371, 2381, &
2391 20th Street
Michael R. Perez, Facilities
Planning & Development Director,
San Bernardino City Unified School
District & Maggie Pacheco,
Deputy/ Housing Director,
Economic Development Agency
Purchase terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under lA, Conference with legal counsel, existing litigation pursuant to
Government Code Section 54956.9(a):
San Bernardino Redevelopment Agency v. Jaime Alvarez, et aI. - San
Bernardino Superior Court Case No. SCVSS 086091;
Under lC, Conference with legal counsel, anticipated litigation, initiation of
litigation pursuant to Government Code Section 54956.9(c):
City of San Bernardino v. CYSA
Foundation
Closed Session Announcements
South San Bernardino Soccer
The following announcements were made regarding closed session items:
In the case of Ruthee Goldkorn, et aI. v. City.of San Bernardino, et aI. a motion
was made by Council Member/Commissioner Lien, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
settlement in the amount of $250,000; and agree to spend $500,000 per fiscal
year for disability accessibility improvements under the Americans with
Disabilities Act. The payments will continue until all improvements have been
completed.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
In the matter of City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, the following actions were taken:
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that Special Counsel Sabo be authorized to file
a 30-day Notice of Default against the CYSA - South San Bernardino Soccer
Foundation.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that if the default has not been cured
in 30 days, that the Mayor and Council authorize Special Counsel Sabo to file a
lawsuit against CYSA - South San Bernardino Soccer Foundation and such
individuals as it deems appropriate.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that staff be directed to bring the field
back to tournament grade standards, including reseeding, as quickly as possible.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Matthew Witter of the San Bernardino Baptist
Church, followed by the pledge of allegiance, led by Sabrina Guzman, a third grade
student from Ramona Alessandro Elementary School.
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2. Appointments
There were no Commission appointments.
3. Presentations & Service Pin Awards
A proclamation designating February 19-22, 2002 as Derek Parra - Go for the
Gold Days was presented to family memhers and special friends of San
Bernardino's native son, Olympian Derek Parra.
A proclamation designating February 17-23, 2002 as National Engineers Week
was presented to Mark van Dam of the Inland Empire Council of Engineers and
Scientists.
Brad Randall, National Orange Show General Manager, and Richard Cream,
Chairman of the Board of Directors for the National Orange Show, presented
Mayor Valles with a check for $13,540 which represented .033 percent of the
betting amount generated by satellite wagering for the month of January 2002.
He noted that the City receives over $200,000 from this source annually,
amounting to more than $3 million since 1988.
Mayor Valles presented a commendation to )eri Simpson, Executive Director of
San Bernardino Communities Against Drugs, in recognition of the 11 th Annual
Youth to Youth Conference entitled, Bring It On - The Power of Being Drug
Free.
Mayor Valles presented a certificate of recognition to Delbert Anthony, who
recently retired after 50 years as a Doctor of Veterinary Medicine.
Mayor Valles presented a "Top Seller" award to Ed Loescher, Account
Executive with The Sun Advertising Department, for the December 2001 issue
of News of the City. He also received complimentary dinner for two from
Isabella's restaurant and tickets to the San Bernardino Symphony.
The quarterly Mayor's Neighborhood Pride Award was presented to Bud and
Pat Cade in recognition of their outstanding care and maintenance of their
residence on Newport Avenue in the Fourth Ward, which was featured in the
December 2001 issue of News of the City.
Councilman Schnetz presented certificates of appreciation to those individuals
who have served as his appointees on various City boards and commissions
during his tenure as Fourth Ward Councilman.
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Teri Rubi, Executive Assistant to the Mayor, read the names of the following
individuals who were presented a service pin award by Mayor Valles in
recognition of their many years of dedicated service to the City:
Name
Erica Lithen
Jason Suarez
Janice Conway
Josh Carter
Debra Alvillar
Blanca Wee Eng
Anthony King
Sharon Powell
4. Announcements
Department
Code Compliance
Information Services
Library
Parks & Recreation
Police
Police
Police
Police
Years of Service
10
10
25
25
10
5
5
10
Announcements were made by the Mayor and Common Council, elected
officials, and the Chamber of Commerce regarding various civic, community,
and Chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
6. Council Minutes
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that the minutes of the following meetings of
the Mayor and Common CounciIlCommunity Development Commission of the
City of San Bernardino be approved as submitted in typewritten form:
December 3, 2001; December 20,2001; January 15, 2002 (Special Meeting);
and January 15, 2002 (Joint Adjourned Regular Meeting).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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7. Claims & Payroll
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated February 8, 2002, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
8. Personnel Actions
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated February 11, 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
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schuetz, Suarez,
None. Absent: Council Member/Commissioner
9. RES. 2002-56 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a contract for services between
the City of San Bernardino and the City of Fontana for full service animal
control.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Mayor and Common Council authorize the Director of Finance to amend the
FY 2001102 adopted budget and increase contract revenue in the Animal Control
Fund (Acct. No. 124-000-4757) by $26,200 to reflect increased contract
revenue from the City of Fontana, and to decrease the transfer into the Animal
Control Fund from the General Fund in a corresponding amount (Acct. No.
124-000-6450).
The motion carried, and Resolution No. 2002-56 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, McCarnmack. Nays: None. Absent: Council
Member/Commissioner Anderson.
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10. ORD. MC-1116 - An Ordinance of the City of San Bernardino adding
Section 10.16.280 relating to the parking of vehicles on off street parking
areas. FINAL READING
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1116 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
11. RES. 2002-49 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, D' Amato, Brisbois & Bisgaard and the City of
San Bernardino to represent the City and the Redevelopment Agency of the
City of San Bernardino in the case of California Bio-Mass, et ai, v. City of
San Bernardino, et aI.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-49 was adopted by the
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
following vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
12. Resolution of the City of San Bernardino authorizing and directing
execution of an amendment to grant of easement for Southern California
Edison Company across City-owned property located between 4th Street and
5th Street, east of the Lytle Creek Flood Control Channel.
Note: No resolution was submitted with the backup material.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 4, 2002.
The motion carried
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schnetz, Suarez,
None. Absent: Council Member/Commissioner
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13. RES. 2002-57 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to DBX, Inc., for installation of
traffic signal at Kendall Drive and Wagonwheel Road, Plan No. 10369.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to amend the FY
2001102 budget to transfer $162,000 from Account No. 129-367-5504-7239
(Street Improvement/Safety Improvement-Citywide) to Account No. 129-367-
5504-7276 (Traffic Signal at Kendall Drive and Wagonwheel Road).
The motion carried, and Resolution No. 2002-57 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None.
14. RES. 2002-50 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Silvia Construction, Inc., for
pavement rehabilitation on 40th Street from east of Sierra Way to
Waterman Avenue, per Plan No. 10240.
Council Member/Commissioner Schnetz made a motion, seconded by
CouncilMember/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-50 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
15. RES. 2002-51 - Resolution authorizing the City of San Bernardino to submit
projects and commit funding for the FY 2002/2003-2007/2008 Regional
Transportation Improvement Program (RTIP).
Council Member/Commissioner Schnetz made a motion, seconded by
CouncilMember/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-51 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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16. RES. 2002-52 - Resolution of the City of San Bernardino approving an
agreement for professional services with David Evans and Associates, Inc.
for design of the widening of Del Rosa Drive and Third Street at the San
Bernardino International Airport.
Council Member/Commissioner Schnetz made a motion, seconded by
CouncilMember/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-52 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Schnetz, Suarez, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Anderson.
17. Authorization to proceed - vacate portion of Juniper Drive, northerly of
Willow Drive & a portion of Willow Drive, easterly of Juniper Drive -
approve plan & waive fees
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Development Services and
the City Clerk be authorized to proceed with the vacation of a portion of Juniper
Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of
Juniper Drive, and that Plan No. 10419 depicting the proposed vacation be
approved; and that the vacation processing fee in the amount of $1,000 be
waived in exchange for the petitioner installing a 4-foot sidewalk in the right-of-
way adjacent to the vacated area.
The motion carried
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schnetz, Suarez,
None. Absent: Council Member/Commissioner
18. RES. 2002-53 - Resolution of the City of San Bernardino authorizing the
purchase of a replacement document imaging system for the Police
Department.
Council Member/Commissioner Schnetz made a motion, seconded by
CouncilMember/Commissioner Suarez, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2001/02 adopted budget
and transfer $64,700 from Acct. No. 679-251-5172 (IS Equipment
Maintenance) to Acct. No. 679-251-5705 (Department Computer Purchases) and
transfer $38,900 from Acct. No. 001-222-5505 (Police Other Professional
Services) to Acct. No. 679-251-5705 (Department Computer Purchases).
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The motion carried, and Resolution No. 2002-53 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, McCammack. Nays: None. Absent: Council
Member/Commissioner Anderson.
19. RES. 2002-58 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to the Office of Traffic Safety for a Traffic
Safety Concepts Grant.
The Council reiterated its desire to be more actively involved in the grant
application process and expressed concern regarding the tremendous growth in
the number of traffic accidents.
Council Member/Commissioner Estrada requested that the Police Department
provide a report (where, when, circumstances, etc.) of local traffic accidents to
the CounciL
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-58 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
20. RES. 2002-59 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a piggyback purchase order
to Fairview Ford for two (2) 2002 mid-size 4-door sedans to be utilized by
the Fire Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-59 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2002-60 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of piggyback purchase orders
to Crest Chevrolet for various vehicles to be utilized by various
departments.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
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Resolution No. 2002-60 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. RES. 2002-54 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Dion
International for the purchase of one (1) new Vactor 2110 Jet Rodder sewer
cleaning truck to be utilized by the Public Services Street Sewer Crew.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to amend the FY
2001102 budget allocating $248,700 from Unexpended/Unallocated Sewer Fund
balance to Account No. 132-431-5609, Vehicle Replacement, with a
corresponding increase to Account No. 635-341-5701, Motor Vehicles.
The motion carried, and Resolution No. 2002-54 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, McCammack. Nays: None. Absent: Council
Member/Commissioner Anderson.
23. RES. 2002-61 - A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a piggyback purchase order
to Crest Chevrolet for three (3) one-ton extended cab and chassis to be
utilized by the Animal Control Department; and authorizing a purchase
order to KPK Truck Body Manufacturing for manufacturing Animal
Control truck bodies for the three chassis.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-61 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2002-55 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submission of California Beverage Container
Recycling and Litter Reduction Grant application form to the Department
of Conservation, Division of Recycling.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-55 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
25. Resolution of the Mayor and Common Council of the City of San
Bernardino anthorizing the first amendment to the Waste Disposal
Agreement between the County of San Bernardino and the City of San
Bernardino.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 4, 2002.
The motion carried
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schuetz, Suarez,
None. Absent: Council Member/Commissioner
26. Receive and file - 2000-2001 Audit Report - Water Department Water &
Sewer Utilities
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council receive
and file the 2000-2001 Audit Report for the Water Department Water and Sewer
Utilities.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
27. RES. 2002-62 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of Prop 40, the Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Bond Act of 2002.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-62 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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28. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting a process for evaluating applicants to the City's Tow
Rotation consistent with Resolution 1999-86.
Note: No resolution was submitted with the backup material.
City Attorney Penman advised that his office was recommending that this matter
go back to committee; that the resolution did not pass legal muster. He also
pointed out that in the past only ordinances (legislative items) have been referred
to the Legislative Review Committee (LRC). while matters having to do with
finances and internal rules or criteria are notmally discussed by the Ways and
Means Committee. However, it was up to the Council whether they wanted to
send it back to the LRC where it was originally handled, or on to Ways and
Means.
Lengthy discussion ensued regarding the criteria used when referring matters to
the various Council committees. There was some question as to whether the
original referral of this matter to the LRC had been correct; however, it was
pointed out that a member of the City Attorney's office was in attendance at all
LRC meetings and had never indicated otherwise. In addition, there had been
no indication that there was anything wrong with the resolution. In response,
Mr. Penman explained the role of the attorneys when they attend committee
meetings.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be referred back to the
Legislative Review Committee. (Note: The vote was taken following
discussion.)
Council Member/Commissioner McCammack suggested that the motion be
amended to state that the matter be referred back to Legislative Review
Committee to work out the legislation (ordinance) part of the item, bring it back
to Council, and then send it to Ways and Means for a final overview regarding
the fiscal impact.
Council Member/Commissioner Schnetz stated that the procedure which was
discussed and considered by the Legislative Review Committee had nothing to
do with revenues, or the franchise fees charged to the tow companies; the
committee did nothing more than look at the criteria or process to be used by the
Police Department when selecting a tow company.
City Attorney Penman noted that there was no "ordinance part" of this item.
He also advised that Ways and Means is not solely finance-it involves "ways"
to do things and "means" to do things, which includes setting criteria as the
ways and means for selecting a tow company.
15
2/1912002
Mayor Valles directed City Administrator Wilson to establish a Council
committee to review the functions of all the Council committees and provide a
recommendation as to what functions the various committees should address.
Council Member Estrada stated that if a mistake had been made relative to the
referral of this item to the LRC, then the Council needed to admit their mistake
and move on. However, she was not going to participate in changing the roles
of the committees from what has worked very successfully for the past several
years.
The motion, as originally stated, carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Schnetz, Suarez. Nays: Council
Members/Commissioners Estrada, Anderson, McCammack. Absent: None.
29. RES. 2002-63 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement to jointly
fund and utilize an electronic reader board by and between the City of San
Bernardino and Inland Empire Auto Center Association.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-63 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
30. 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. (Continued from February 4, 2002)
Note: No resolution was submitted with the backup material.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 4, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
16
2/19/2002
31. Enhance reward - apprehension & conviction of person responsible - death
of Hannah "Honey" Jordan (Continued from February 4, 2002)
Note: No backup material was submitted.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be tabled.
Council Member Estrada removed her second for discussion purposes.
Council Member/Commissioner Lien expressed her disappointment that a
Mayoral decision had been made on this matter without any additional input
from the Council, stating that she disagreed with the statement that there was no
precedent for posting a reward.
Council Member/Commissioner McCammack stated that she supported a reward
because of the kind of crime this was. She also expressed her fears and
concerns relative to leaving her business (located across the street from where
this crime occurred) in the evening hours without a police patrol being in the
area.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Lien, that the City increase by $25,000 the
reward being offered by the family of "Honey" Jordan, for a total reward of
$50,000.
The motion failed by
Members/Commissioners
Members/Commissioners
Absent: None.
the
Lien,
Estrada,
following vote: Ayes:
McCammack. Nays:
McGinnis, Schnetz, Suarez,
Council
Council
Anderson.
Council Member/Commissioner Estrada explained why she was against any
reward being offered by the City, noting that once it is done for one, it must be
done for all others.
Council Member/Commissioner Anderson 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, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: Council Member/Commissioner McCammack. Absent: None.
17
2/19/2002
32. Public hearing - General Plan Amendment No. 01-04 - change land use
designation of approximately .91 acres from CH, Commercial Heavy, to
RS, Residential Suburban - area located west of & adjacent to the 215
Freeway - approximately 980.35 feet north of Baseline Street on Home
Avenue
Mayor/Chairman Valles opened the hearing.
City Planner Valerie Ross provided background information on current land
uses in the area. She advised that staff had originally recommended approval of
the General Plan Amendment; however, at the Planning Commission meeting
representatives from two surrounding businesses spoke against the amendment.
Subsequently, the Planning Commission voted to deny.
Staff submitted a letter dated February 19, 2002, addressed to the Mayor and
Common Council from the Burlington Northern and Santa Fe Railroad
Company in which they requested that the City deny the project because it
would expand inconsistent land uses in an area zoned for industrial uses and
because General Plan Amendment 01-04 is not exempt from the California
Environmental Quality Act.
Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered
an oath to Marisela Labastida, 201 North E Street, San Bernardino, CA, that
she would provide true and honest testimony.
Ms. Labastida stated that she was the developer of the six homes being proposed
for development and noted that the lots are located in a Neighborhood Initiative
Area where the Redevelopment Agency is already working in conjunction with
the County to revitalize the neighborhood.
No other public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the hearing be closed; and that the Mayor and
Common Council deny General Plan Amendment No. 01-04, based on the
Findings of Fact contained in the Mayor and Council staff report dated January
28, 2002, from James Funk, Director of Development Services.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18
2/19/2002
33. An ordinance of the City of San Bernardino amending Section 3.44.131 of
the San Bernardino Municipal Code relating to Utility User's Tax Rebate
Program as it applies to new and expanding businesses. FIRST READING
Council Member/Commissioner McCammack stated she did not want to belabor
the fact; however, this was another instance where the matter should have been
referred to the Ways and Means Committee.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Recess Meeting
At 12:02 p.m., Mayor/Chairman Valles 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/Chairman Valles 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 Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina,
Economic Development Agency Executive Director Van Osdel. Absent: None.
R34. Tippecanoe Retail Development - HUB Project - City/Agency Cooperation
and Financing Agreement & California's Infrastructure & Economic
Development Bank (CIEDB) Lease/Leaseback Agreements (Continued
from February 4, 2002)
19
2/19/2002
A Resolution of the Community Development Commission of the City of
San Bernardino, as the governing body of the Redevelopment Agency of the
City of San Bernardino, approving that certain Redevelopment Cooperation
and Financing Agreement by and between the Redevelopment Agency of the
City of San Bernardino and the City of San Bernardino, California. (R34A)
A Resolution of the Mayor and Common Council of the City of San
Bernardino approving that certain Redevelopment Cooperation and
Financing Agreement by and between the Redevelopment Agency of the
City of San Bernardino and the City of San Bernardino, California. (R34B)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R35. RES. CDC/2002-9 - 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
2002.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted.
Resolution No. CDC/2002-9 was adopted by the following vote:
Council Members/Commissioners Estrada, l.ien, McGinnis, Schnetz,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
R36. RES. CDC/2002-10 Resolution of the Community Development
Commission of the City of San Bernardino referring certain further
properties to the Inland Valley Development Agency for acquisition
pursuant to that certain 1999 Redevelopment Cooperation Agreement,
dated July 12, 1999, regarding the HUB Project and approving other
actions in connection therewith.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. CDC/2002-1O was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
20
2/19/2002
R37. Carousel Mall Security - Alternative obligations
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Community Development
Commission approve changes to the Economic Development Agency's Fiscal
Year 2001/02 Budget lines items 4200, 6103, 6301, 6701 and 7403 as outlined
in the staffreport from Barbara Lindseth, dated February 11, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R38. RES. CDC/2002-11 Resolution of the Community Development
Commission approving and authorizing execution of Amendment No. 3 to
the September 7, 1999 HOME Agreement, and as subsequently amended,
by and between the Agency and Neighborhood Housing Service of the
Inland Empire (NHSIE), conveying the property at 1650 North Sierra Way,
Neighborhood Initiative Program (NIP#I).
Council Member/Commissioner McCammack stated that she would abstain on
this matter since Neighborhood Housing Services is a business client.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2002-11 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None.
R39. Appointment - Mobile Home Board Members
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 4, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
40. Public Comments
Wilma J. Morgan, 334 Orange Street, San Bernardino, CA, inquired about
what was being done to combat drugs and crime in the city and thanked Council
Member Lien for the (dog) traps she had provided for her.
21
2/19/2002
S 1. Resolution of the Mayor and Common Council of the City of San
Bernardino directing the City Clerk to continue the commencement of each
Mayor and Common Council meeting for the months of May, June and
July, 2002, to 1:30 p.m. on the day of said meeting, with the Community
Development Commission meeting to follo\\ thereafter.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Council Member/Commissioner McGinnis advised that this would create a
hardship for him insofar as arranging this new time with his employers.
Council Member/Commissioner Schnetz stated that since the change in time
would not affect him, he would like to see the matter continued to allow
Councilman-elect Derry the opportunity to vote on the matter.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Estrada, that the matter be
continued to the Council/Commission meeting of March 4, 2002.
The motion carried by the
Members/Commissioners Estrada,
Council Members/Commissioners
None.
following vote: Ayes:
Lien, Schnetz, McCammack.
McGinnis, Suarez, Anderson.
Council
Nays:
Absent:
S2. Reconsider - First Reading - 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 - Development Code Amendment No. 01-05
to expand the permitted uses at the Carousel Mall
City Attorney Penman explained that this action was simply a procedural issue
which could be resolved by re-taking the first reading vote.
Council Member/Commissioner Schnetz stated that he would abstain on this
matter to avoid the appearance of a conflict.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common
Council reconsider the action taken January 22, 2002, approving the first
reading of said ordinance; and that the first reading of said ordinance be
approved.
22
2/19/2002
The motion carried 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.
S3. Reconsider - adoption of Resolution No. 2002-29, Amendment to Lease
between the City of San Bernardino - adoption of Resolution No. 2002-30,
Memorandum of Understanding between the City of San Bernardino, San
Bernardino Stampede, Inc., and Arrowhead Central Credit Union
City Attorney Penman stated that this action was due to a procedural issue-that
it was necessary to clear the record and re-take the vote.
Council Member/Commissioner McCammack stated that she would abstain on
this item due to the fact that the Arrowhead Credit Union is a business client.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Schnetz, that the Mayor and Common Council
reconsider the actions taken January 22, 2002, adopting Resolution No. 2002-29
and Resolution No. 2002-30; and that Resolution No. 2002-29 and Resolution
No. 2002-30, be readopted.
The motion carried, and Resolution Nos. 2002-29 and 2002-30 were readopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstentions: Council
Member/Commissioner McCammack. Absenl: None.
NB1. Waive fees - events to honor Olympian Derek Parra
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that the matter arose subsequent to the posting
of the agenda.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the waiver of fees associated with the parade and rally being organized
to honor Olympian Derek Parra.
23
2/19/2002
The motion carried
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schuetz, Suarez,
None. Absent: Council Member/Commissioner
41. Adjournment.
The meeting adjourned at 3:20 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, March 4, 2002, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
By:
RACHEL G. CLARK
City Clerk
~2;k~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 45
No. of Hours: 5.5
24
2/19/2002