HomeMy WebLinkAbout04-15-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 15, 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 8:17 a.m., Monday, April 15, 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/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Member/Commissioner McCammack.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing 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;
Richard Jimenez and Eloisa Bravo Jimenez v. City of San Bernardino, et
~ - United States District Court Case No. EDCV 97-00086 RT (RC);
San Bernardino Hotel/Motel Association v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 264661;
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - United States District Court Case No.
96-9967.
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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:
Under Negotiation:
2.
Property Address:
Negotiating Parties:
Vacant property near the northeast
corner of Palm A venue & Kendall
Drive (APN 0261-191-06)
Gary Van Osdel on behalf of the
Economic Development Agency and
Beamco
Purchase terms & conditions
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ranlirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
Ronnie E. Searcy & Susan Ann Searcy
0281-081-01
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
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4/15/2002
0281-082-08
0281-082-09
0281-082 -10
0281-082-11
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
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
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 l\orris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consue10 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, 1nc
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.
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Under Negotiation:
Purchase terms & conditions
City Attorney Penman announced that the following additional case had been
discussed in closed session under lA, Conference with legal counsel, existing
litigation pursuant to Government Code Section 54956. 9( a):
Roy Gonzales, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 54993.
Council Member/Commissioner McCammack Arrived
At 8:40 a.m., Council Member/Commissioner McCammack arrived at the
Council/Commission meeting.
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 Jorge Carlos, Executive Assistant to the Council, followed
by the pledge of allegiance, led by Michael Avalos. a fifth grade student at Bradley
Elementary School.
2. Appointment - M.E. "Bud" Melvin - Board of Fire Commissioners -
Council Member/Commissioner Derry (2A)
Reappointment - Jon Shultz - Bureau
Member/Commissioner Derry
of Franchises - Council
(2B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the appointment of M.E. "Bud"
Melvin to the Board of Fire Commissioners and the reappointment of Jon Shultz
to the Bureau of Franchises, as requested by Council Member Derry, be
approved
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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3. Presentations
Mayor Valles presented an Honorary Citizen A ward to the Consul General of
the Republic of Hungary, Szaboles Kerek-Barczy, who was paying a courtesy
visit to the City of San Bernardino.
Dave Oldham, President and General Manager of the Stampede baseball team,
presented to Mayor Valles a framed print by Alex Ochowicz, a famous French
artist, who captured Olympian Derek Parra as he was presented his gold medal.
He also thanked all elected officials for their support of the Seattle Mariners
exhibition game with Kevin Costner and presented them with plaques
commemorating the event.
Mayor Valles presented a Certificate of Recognition to Dr. Albert Karnig,
President of California State University, San Bernardino, in honor of the
Coyotes basketball team, who recently captured the NCAA West Region
Championship title. Dr. Karnig introduced Coach Larry Reynolds, Athletic
Director Nancy Simpson, and several members of the Coyote team.
A proclamation designating April 22-28 as Coca Cola Week was presented to
Coca Cola Cold Drink Manager Sharon Hall, District Sales Manager Miguel
Zepeda, and Cold Drink Account Manager Joseph Melot.
City Administrator Fred Wilson and Lori Sassoon, Assistant to the City
Administrator, presented Certificates of Recognition to City employees Doug
Robertson of the Public Services Department and Tim Porter of Development
Services. Mr. Robertson was recognized for his work in obtaining a $24,000
grant for the Rideshare to Rails Program, and Mr. Porter for his efforts in
obtaining a $280,000 grant for completion of the Santa Fe Depot Area Plan.
A proclamation designating the month of April as Fair Housing Month was
presented to Jesse Torres of the Inland Fair Housing and Mediation Board by
Musibau Arogundade, Project Manager, Economic Development Agency.
4. Announcements
Announcements were made by the Mayor and Common Council, elected
officials, and a representative from the Chamber of Commerce regarding
various civic, community, and Chamber events and activities.
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5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, 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:
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
McCammack. Nays: None. Absent: None.
Council
Anderson,
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, 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: February 19,
2002; March 4, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated April 9, 2002, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the personnel actions as submitted by the
Chief Examiner dated April 10, 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.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. Set workshop - Monday, April 22, 2002, at 9:30 a.m. - Economic
Development Agency Boardroom - review EDA/City budgets
Council Member/Commissioner McCammack made a motion, seconded by
Council Member Commissioner Anderson, that a workshop be set for Monday,
April 22, 2002, at 9:30 a.m. in the Economic Development Agency Boardroom
to review the EDA/City budgets.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. RES. 2002-113 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A resolution ... designating certain
streets, or portions thereof as through highways..." and establishing a four
way stop at the intersection of Irvington Avenue and Walnut Avenue.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-113 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. RES. 2002-114 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A resolution ... designating certain
streets, or portions thereof as through highways..." and establishing a four
way stop at the intersection of Marshall Boulevard and Arden Avenue.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-114 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2002-105 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the submittal, project implementation
schedule, and $25,000 local fund allocation of the Palm Avenue Grade
Separation Design Project Application for the Alameda Corridor East Tier
1 Grade Separation Design Pool Program.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-105 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2002-106 - 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 4180
North "E" Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-106 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14. Authorization to proceed - formation of Landscape Maintenance Assessment
District - Ohio Avenue & Walnut Avenue Area (Tract No. 14193)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the Director of Development Services and the
City Clerk be authorized to proceed under SBMC 12.90, with the establishment
of a Landscape Maintenance Assessment District in the Ohio Avenue and
Walnut Avenue Area, within Tract No. 14193, to be known as Assessment
District No. 1028.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
15. RES. 2002-107 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Herman Weissker, Inc., for
storm drain improvement at Mt. View A venue from Mission Creek to 800'
north, per Plan No. 10175. (15A)
RES. 2002-108 - Resolution of the City of San Bernardino authorizing the
execution of a License Agreement between the City of San Bernardiuo and
the San Bernardino Associated Governments (SANBAG) for crossing under
SANBAG property at Mt. View Avenue and the Metrolink railroad track.
(15B)
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4/15/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolutions A and B be adopted; and that
the Director of Finance be authorized to amend the FY 2001/2002 budget to
transfer funds ($25,200) from Account No. 248-000-3405-000 (Unappropriated
Storm Drain Fund) to Account No. 248-368-5504-7205 (Installation of Storm
Drain Improvement at Mt. View Avenue and Mission Creek).
The motion carried and Resolution Nos. 2002-107 and 2002-108 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
16. RES. 2002-109 - Resolution authorizing and directing execution of a
quitclaim deed to East Valley Land Company, LLC, for a City sewer
easement located at Cooley Drive and 1-215 Freeway in the City of Colton.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-109 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. ORD. MC-1123 - Ordinance of the City of San Bernardino amending
Chapter 10.52 of the San Bernardino Municipal Code to establish a forty
mile per hour speed limit on Meridian Avenue between Randall Avenue and
Mill Street. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said ordinance be adopted.
Ordinance No. MC-1123 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2002-110 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to the annual purchase order
with Allstar Fire Equipment for turnout gear.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-110 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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4/15/2002
19. RES. 2002-111 - Resolution of the Mayor and Common Council authorizing
the donation of surplus helmets and miscellaneous leather gear to the City
of San Bernardino's Sister City of Mexicali, Mexico.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-111 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. RES. 2002-115 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for
supplemental police services with the County of San Bernardino Housing
Authority that reimburses the Police Department for overtime and
operational costs associated with an enhanced police presence in certain
Housing Authority properties.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001/2002 adopted budget
and increase Police Department overtime by $15,000 (Account No. 001-213-
5015) for expenses related to the enhanced deployment at certain Housing
Authority complexes, and to increase Police Department revenues in a
corresponding amount of $15,000 (Account No. 001-000-4740) to reflect the
reimbursement from the County Housing Authority.
The motion carried and Resolution No. 2002-115 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
21. RES. 2002-116 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment to the
Memorandum of Understanding (MOD) with the County of San Bernardino
Probation Department to administer the grant funded Juvenile
Accountability Program known as Intervention and Management of
Probationer Accountability and Compliance of Terms (IMPACT).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-116 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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22. RES. 2002-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer a grant in the amount of $500,000
from the State of California Department of Parks and Recreation for the
administration of a Murray Hayden Urban Parks and Youth Service
Program Grant under the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000 to rehabilitate the gymnasium
and the Galaxy Ballroom at Norton.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. RES. 2002-118 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submission of a Waste Tire Enforcement
Grant application for funds from the California Integrated Waste
Management Board.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-118 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2002-112 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of a funding request form for
California beverage container recycling and litter reduction activities to the
Department of Conservation, Division of Recycling.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-112 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
25. Accept easement - from Kohl's Distribution Center - property located on
the northeast corner of Mill Street & Lena Road - dedicate for Water
Department use
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4/15/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the Mayor and Common Council accept the
easement from Kohl's Distribution Center for property located on the northeast
corner of Mill Street and Lena Road and dedicate the easement for Water
Department use.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
26. RES. 2002-119 - Resolution of the Mayor and Common Council of the City
of San Bernardino opposing AB 680 (Steinberg) concerning the
redistribution of local sales tax revenues.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-119 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
27. RES. 2002-120 - Resolution of the Mayor and Common Council of the City
of San Bernardino supporting Assembly Bill 1905 - Pupil Diabetes
Screening.
Council Member/Commissioner Derry stated he had a tough time supporting a
State mandate on another local form of government (the school district) without
funding for the program and without the school district telling us how they feel
about it.
Council Member/Commissioner Lien explained how the program would be
administered and advised that AB 1905 includes paying the school districts for
doing the screening. She added that the school districts and the school nurses
are supportive of the program.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-120 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: Council Member/Commissioner Derry. Absent: None.
(Note: Although Council Member/Commissioner McCammack originally
registered a No vote, she clarified the funding issues and changed her vote
to a Yes.)
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4/15/2002
28. Transfer & appropriate funds - City Attorney's Office budget
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be
authorized to amend the Fiscal Year 2001-2002 adopted budget and transfer
$60,000 from salary savings (Account No. 001-051-50xx) to the City Attorney's
Office budget item for Litigation Expenses (Account No. 001-051-5177) and
appropriate $90,000 from the undesignated/unreserved General Fund balance to
the City Attorney's Office budget item Litigation - Outside Attorneys (Account
No. 001-051-5503).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
29. Public hearing - Redistricting of Council Ward Boundaries - Ordinance
amending Chapter 1.16 of the San Bernardino Municipal Code (Continued
from April 1, 2002)
An Ordinance of the City of San Bernardino which amends Chapter 1.16 of
the San Bernardino Municipal Code to reestablish the boundaries of the
seven wards of the City of San Bernardino. FIRST READING
The hearing remained open.
Ruth Parish, OA/GIS Systems Administrator, explained the redistricting process
and the reconfigurations that had been made to the ward boundaries since the
meeting of April 1, 2002.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Jim Mulvihill, 407 West 25th Street, San Bernardino, CA, stated that he hoped
25th Street would remain in the Seventh Ward because it preserves a community
of interest and expressed his support for the second redistricting proposal.
Walter Hawkins, 5500 University Parkway, San Bernardino, CA, representing
the Wests ide Action Group, stated that the new proposal has a lot of merit
relative to north San Bernardino; however, he still had concerns regarding the
Sixth Ward. Mr. Hawkins submitted a map depicting the changes he believed
should be considered in order to have compact and contiguous ward boundaries,
which included modification of the boundaries of the First and Sixth Wards. He
added that his only other concern was that there should be an analysis of the one
person, one vote concept.
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4/15/2002
T. Blair expressed her concerns regarding the loss of several small businesses
in the Sixth Ward, which will occur with the proposed redistricting. She stated
that the various youth organizations in the Sixth Ward depend on these
businesses for support, and they don't want to lose them to another ward.
Council Member/Commissioner McGinnis assured Ms. Blair that he had many
businesses in his ward that would be more than willing to help with sponsorships
involving youth organizations and their activities, even if the organizations are
based in the Sixth Ward.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that the Ordinance of the City of San
Bernardino amending Chapter 1.16 of the San Bernardino Municipal Code
reestablishing the boundaries of the seven council wards of the City of San
Bernardino (as first presented at the March 18, 2002 Council meeting), be
tabled; that said Ordinance of the City of San Bernardino which amends Chapter
1.16 of the San Bernardino Municipal Code to reestablish the boundaries of the
seven council wards of the City of San Bernardino, as presented on April 15,
2002, be laid over for final adoption; that the hearing be closed; and that a
second public hearing be set for Monday, May 6, 2002, at 7 p.m. in compliance
with Elections Code Section 21620.1.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
30. Public hearing - accept oral bids - sale of City property located at southwest
corner of Orange Show Road & Waterman Avenue
Mayor Valles opened the hearing.
James Funk, Director of Development Services, advised that no written bids had
been received and if no oral bids were received, staff was asking for
authorization to rebid the item.
No oral bids or public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that the Director
of Development Services be authorized to re-advertise for bids for City-owned
parcels (Parcel One - APN 0136-431-34, Parcel Two - APN 0136-431-35, and
Parcel Three - APN 0136-431-23) located north and south of Orange Show
Road and west of Waterman A venue.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
31. Authorization to proceed & approve plan - proposed vacation - portions of
Waterman Avenue Frontage Road, south of Caroline Street, north of Union
Pacific Railroad (Continued from April 1, 2002) (See related Item No. 33)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
32. Amend Authorization to proceed - proposed vacation - portions of
Piedmont Drive, north of Marshall Boulevard - Marshall Boulevard,
between Blythe Street & Victoria Avenue - Victoria Avenue, north of
Piedmont Drive - Approve Plan No. 10122A (Continued from April 1,
2002)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of May 6, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
33. Request for waiver of fees - The Rock Church and World Outreach Center
(Continued from April 1, 2002) (See related Item No. 31)
City Attorney Penman advised that no information had been forthcoming since
the last Council/Commission meeting as to whether this request was related to a
church purpose or a secular purpose.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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34. Public hearing - Development Code Amendment No. 01-02 to clarify the
definitions of hotels and motels and to establish Extended Lodging Facilities
Conditional Use Permit No. 01-03 to establish an Extended Lodging
Facility - Tentative Parcel Map No. 15635 to subdivide one parcel into two
parcels (Continued from April 1, 2002)
An ordinance of the City of San Bernardino amending Section 19.02.050
(Definitions) and Chapter 19.06 (Commercial Districts) Section 19.06.020,
Table 06.01 (permitted Uses), Table 06.03 (Specific Standards), and Section
19.06.030 (Development Standards) of the San Bernardino Municipal Code
(Development Code) to modify text related to definitions, requirements and
standards for hotels, motels, and extended lodging facilities. FIRST
READING
The hearing remained open.
City Attorney Penman advised that the applicant had requested a continuance.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of May 6, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. Legislative Task Force update
Council Member/Commissioner Lien advised that the report from the
Legislative Task Force was included in the Council backup materials.
36. Appointment of Council Committees
Council Committees - Re2ular Meetin2s
Personnel Committee
Legislative Review Committee
Ways & Means Committee
- McGinnis, Ch.; Suarez, McCammack
- Lien, Ch.; McGinnis, Derry
- McCammack, Ch.; McGinnis, Derry
Council Committees - At Call of Chair
Fire Equipment Ad Hoc Committee - Derry, Ch.; Anderson
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Council Member/Commissioner McGinnis asked that the meeting times of those
committees on which he is a member remain at 9 a.m. in order to accommodate
his schedule; and Council Member/Commissioner Anderson agreed to continue
with that arrangement.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve
the Council Committee appointments, as recommended by Council
Member/Commissioner Anderson.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
37. Luncheon workshop - 12 noon - EDA Boardroom - presentation by
Richard Hall on California Reading and Literacy Improvement & Public
Library Construction and Renovation Bond Act
Library Director Ophelia Roop introduced Richard B. Hall, Library Bond Act
Manager with the California State Library Office of Library Construction in
Sacramento.
Mr. Hall explained that he would be talking about Proposition 14, the California
Public Library Construction and Renovation Bond Act. He advised that $350
million are available on a matching basis, wilh 65 % provided by the State and
35% in local matching funds. He added that all of the monies are available at
this time; however, it is anticipated that the monies will be going fast.
The first application cycle is June 1,2002, the second cycle is in March 2003,
and the third cycle is in January 2004. Applicants can apply at anyone of the
cycles and it is a statewide competitive process. If an applicant is not chosen in
the first or second cycle, applications can be resubmitted for consideration in
subsequent cycles. Mr. Hall explained that his office does not make award
decisions; however, his office reviews applications and a board of six members
makes the final decisions based on priorities as well as evaluation
considerations. He stated that if anyone wanted to know more about the board
members or to get copies of the Act, they could visit the following website:
www.olc.library.ca. gov.
Mr. Hall stated that the following projects are eligible for funding: 1) Any
construction of new public libraries; 2) Any remodeling of existing libraries; 3)
Any remodeling of an existing library and expanding it; 4) Converting a
building that is not a library into a library. Eligible costs include: 1) Cost of
construction; 2) Cost of new library or remodeling of library; 3) Cost of
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acquiring land (appraised value); 4) Cost of site development; 5) Cost of all
furnishings and equipment to make facility fully operable; 6) Architectural and
engineering costs. Non-eligible costs include books, materials, staffing.
Mr. Hall explained the priorities stating that if a new building is being
constructed, or a building is being converted that is not presently a library and
you want the project to have first priority, then there must be some component
which refers to the project as joint use. This means there must be a cooperative
agreement between the school district and the City to provide services for K-12.
There are two types of joint use projects. The first type of joint use project is a
co-located library which would be a public library and school facility combined
at the same facility under one roof. Another definition of joint use or joint
venture is a public library that offers certain types of services for K-12 such as
homework centers, computer centers, literacy centers - this would be a more
centralized type of library. This type of centralized library mayor may not be
on school grounds. Mr. Hall stated that there is one down side of being on
school property, and that is that the school district can be an applicant for the
State funds. If land costs are to be eligible costs, then the land must be owned
by the City.
Also to be taken into consideration is the fact that along with committing 35% in
matching funds, the applicant must commit to keeping the facility open for 40
years. On a joint use project there has to be a commitment to provide joint use
services for 20 years. The joint use services do not have to be the same over
the 20 years; however, they must meet the requirements of an eligible joint use
servIce.
Mr. Hall went on to explain that the criteria noted above relate to construction
of a new library or converting an existing library; however, there is another first
priority type of project and that is a remodeling project. Joint use has nothing to
do with an existing library; the only thing that gives priority to a remodeling
project is if the library is located within a public school where none of the
buildings have a data speed connection or inadequate infrastructure.
The Board also takes into account the following seven considerations: 1) Needs
of urban and rural areas; 2) The higher the population growth, past and future,
the higher the chances of getting the project funded; 3) How the existing library
currently meets the needs of the residents in the area and how will the proposed
library meet the needs? 4) How the library's plan of services will address new
information technology; 5) Appropriateness of site for intended library, i.e.,
high visibility; 6) Age and condition of existing library--project sites which
have old and decrepit buildings will have higher priority. 7) Financial capacity
to operate library--must demonstrate capacity to continue operating library for
40 years. Once 40 years expire, you can do anything with the building.
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Mr. Hall concluded his presentation by stating that the Board must decide how it
will allocate $150,000,000 in the first cycle; $110,000,000 in the second cycle;
and the remaining funds in the third cycle.
Library Director Roop stated that our Library cannot submit an application for
consideration in the first round because they must first conduct a needs
assessment. She also explained that San Bernardino High School will not meet
the grant eligibility criteria because it is located nine blocks away from the
central library .
Recess Meeting
At 1:04 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 2:09 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 City Clerk Clark 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, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: None.
R38. 2002 Redevelopment Participation Agreement - LaMesa RV Center, Inc.,
(Central California) and City of San Bernardino and Redevelopment
Agency of the City of San Bernardino Redevelopment Cooperation and
Financing Agreement - LaMesa RV Center, Inc., (Central California)
RES. CDC/2002-17 - Resolution of the Community Development
Commission approving a certain Redevelopment Participation Agreement
between the Redevelopment Agency of the City of San Bernardino and
LaMesa RV Center, Inc., (Central California). (R3SA)
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RES. CDC/2002-18 - Resolution of the Community Development
Commission of the City of San Bernardino approving a certain
Redevelopment Cooperation and Financiug Agreement between the
Redevelopment Agency of the City of San Bernardino and the City of San
Bernardino, California (LaMesa RV Center, Inc., - Redevelopment
Cooperation and Financing Agreement). (R38B)
RES. 2002-121 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a certain Redevelopment Cooperation and
Financing Agreement between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino, California (LaMesa RV
Center, Inc., - Redevelopment Cooperation and Financing Agreement).
(R38C)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions A-C be adopted.
Community Development Commission Resolution Nos. CDC/2002-17 and
CDC/2002-18 and Mayor and Common Council Resolution No. 2002-121 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
R39. RES. CDC/2002-19 - A Resolution of the Community Development
Commission of the City of San Bernardino approving Amendment No. 1 to
Operation and Management Agreement by and between Redevelopment
Agency of the City of San Bernardino and Theatrical Arts International.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC/2002-19 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
R40. Authorize deposit - additional $250,000 - Grow San Bernardino Fund
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that the Community Development Commission
approve and authorize the deposit of an additional $250,000 with the Grow San
Bernardino Fund using proceeds from the sale of the Public Enterprise Center.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R41. Public Hearing - Community Development Block Grant (CDBG),
Emergency Shelter Grant (ESG), and HOME Federal Programs -
2002/2003 Appropriations
RES. 2002-122 - Resolution of the Mayor and Common Council: (1)
approving the CDBG Community Development Citizen Advisory Committee
(CDCAC) and staff recommendations noted in Attachment I; (2) approving
the HOME Partnership (HOME) and Emergency Shelter (ESG) Grant staff
recommendations; and (3) authorizing the Mayor to execute and submit to
HVD all appropriate documents and to take all necessary actions to
implement the City's Consolidated Plan and 2002/2003 Annual Action Plan
and the preparation and execution of CDBG and ESG Agreements with the
respective public service agencies.
Mayor Valles opened the hearing.
Council Member/Commissioner McCammack stated that she would abstain from
voting on this item since she and many of her business clients are members of
the nonprofit organizations receiving funds.
Council Members/Commissioners Suarez and Anderson stated that they would
abstain due to the fact that they serve on the boards of several of the nonprofit
organizations.
Council Member/Commissioner Estrada stated that there seems to be a lot of
confusion as to what constitutes a conflict of interest, and it could get to the
point where there is no one left to vote because the Council/Commission
members are participating on so many community boards. She suggested that
the City Attorney's Office conduct some type of discussion or workshop to
clarify the issue.
City Attorney Penman agreed that a workshop for this purpose was probably
past due. He added that, fortunately, the law has micro-managed this type of
thing down to a science-even to the point that if four of the seven
Council/Commission members have a conflict, one of them would be allowed to
vote without penalty or reprisal, by the drawing of straws. He stated that he
would work with the Mayor to schedule a workshop to address this issue
sometime in May, if possible.
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4/15/2002
Maggie Pacheco, Director of Housing and Community Development, advised
that some corrections had been made to Attachment I of the Staff Report relative
to the Community Development Block Grant funds. She distributed an amended
copy of Attachment I dated April 15, 2002, and provided an overview of these
changes.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Derry, that the public hearing be closed; and that said
resolution be adopted based on the amended Attachment I dated April 15, 2002.
The motion carried and Resolution No. 2002-122 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry. Nays: None. Abstentions: Council Members/Commissioners Suarez,
Anderson, McCammack.
R42. RES. CDC/2002-20 - A Resolution of the Community Development
Commission of the City of San Bernardino approving Amendment No. 1 to
Standby Loan Agreement (Inland Plaza Project).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted; and
that the Community Development Commission authorize the re-establishment
of, and the draw from, the Wells Fargo Line of Credit for amounts required to
pay Agency obligations under the Bond Standby Loan Agreement.
The motion carried and Resolution No. CDC/2002-20 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Derry, Suarez, Anderson, McCaJnmack. Nays: None. Absent:
None.
43. Public Commeuts
Darrell Hess, 2389 Palo Alto Drive, Running Springs, CA, expressed his
support of the Mexican American Political Association (MAPA).
GiI Navarro, 1440 West Sixth Street, San Bernardino, CA, Chairman of the
Mexican American Political Association, alleged that the eviction of the
residents of the Cypress Inn trailer park in December 2000 was illegal and
racially motivated and submitted several pages of documentation in support of
his claim.
Mr. Lee, 2450 Blake Avenue, San Bernardino, CA, thanked the Mayor and
Council for supporting the PAL Center's job fair and their annual golf classic,
and invited everyone to the first annual PALS of PALS golf tournament.
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4/15/2002
S1. Authorization to amend FY 2001-2002 budget to fund library lease costs
(security deposit equal to one month's rent) - Dorothy Inghram Branch
Library
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the Director of Finance be authorized to
amend the FY 2001-2002 adopted budget and appropriate $3,058.30 from the
undesignated/unreserved general fund balance to fund the library lease costs
(security deposit equal to one month's rent) for the Dorothy Inghram Branch
Library (Account No. 105-471-5505).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
41. Adjournment
At 3:11 p.m. the meeting was adjourned to 9:30 a.m., Monday, April 22, 2002,
in the Economic Development Agency Boardroom, 201 North "E" Street, 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, May
6, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK
4 City Clerk
By: . ~. 4diJ
Linda E. Hartzel
Deputy City Clerk
No. of Items: 42
No. of Hours: 5
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