HomeMy WebLinkAbout10-01-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 1, 2001
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: 12 a.m., Monday, October 1, 2001, 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,
Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Schnetz, Suarez.
1. CLOSED SESSION
Pursuant to Government Code Sections:
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Citv of San Bernardino v. Knight Transportation. Inc.. et al. - San
Bernardino Superior Court Case No. SCVSS 69834;
Stubblefield Construction Companv. et al. v. Citv of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 252058;
Victoria Development Companv. et al. v. Henri Traugott. et al. - San
Bernardino Superior Court Case No. SCVSS 075996;
Gloria Aldama, et al. v. Darbv. et al. - San Bernardino Superior Court
Case No. SCVSS 61691.
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.
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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.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Council Member/Commissioner Schnetz Arrived
At 8:11 a.m., Council Member/Commissioner Schnetz arrived at the Council/
Commission meeting.
Council Member/Commissioner Suarez Arrived
At 8: 15 a.m., Council Member/Commissioner Suarez arrived at the Councill
Commission meeting.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine Medical
Center, followed by the pledge of allegiance, led by Myesha Johnson, a graduating
student from Anderson School.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
A proclamation declaring the month of October as Fire Prevention Month was
accepted by Fire Chief Pitzer.
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A proclamation declaring the month of October as Senior Olympic Games
Month was accepted by John Kramer, Acting Director of Parks, Recreation and
Community Services.
A proclamation designating September 22, 2001, as American Business
Women's Day in the City of San Bernardino was accepted by Elaine Hall.
A proclamation declaring the month of October as National Breast Cancer
Awareness Month was read into the record by Teri Rubi, Executive Assistant to
the Mayor.
Jim Deskus, General Manager of the Radisson Hotel, presented a check for
$15,000 to Fire Chief Pitzer, Deputy Chief Reichardt, and Richard Lewis of the
San Bernardino City Professional Firefighters, which will be donated to the
widows and children of the New York firefighters who recently lost their lives
during the rescue operations following the New York Trade Center tragedy.
State Senator Nell Soto presented two $25,000 checks to Mayor Valles, to be
used for the City's skate park and the Santa Fe Depot. Mayor Valles presented
the senator with a certificate of appreciation for her efforts at the State level on
behalf of the City.
Mayor Valles presented a $200 incentive award to the students at Barton
Elementary School for having 200 students/volunteers participating in the City's
"Just Do It" cleanup day. The award was accepted by Carmen Clothier, teacher
and Blight Buster Program Coordinator; Mary Jo Alari, Barton's principal; and
Linda Ceballos, the City's Environmental Project Coordinator.
4. Announcements
Mayor Valles paid tribute to H. Norman Johnson, Jr., owner of Fourth Street
Rock Crusher, who passed away on September 21, 2001. She extended her
condolences to the Johnson family and asked that a moment of silence be
observed in Mr. Johnson's memory.
Announcements were made by the Mayor and Common Council, elected
officials, and the Chamber of Commerce regarding various civic, community,
and chamber events/activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
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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.
6. Claims & Payroll
Council Member/Commissioner Anderson 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 September 26, 2001, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated September 26, 2001. in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. Designate Voting Delegate - National League of Cities Annual Congress of
Cities - December 4-8, 2001 - Atlanta, Georgia
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that Council Member/Commissioner Gordon
McGinnis be designated as the City of San Bernardino's voting delegate for the
National League of Cities Annual Congress of Cities to be held December 4-8,
2001, in Atlanta, Georgia.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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9. ORD. MC-1106 - An Ordinance of the City of San Bernardino amending
Chapter 19.02 (Definitions) and Chapter 19.04 (Residential Districts) and
Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal
Code (Development Code) to add text related to definitions, requirements
and standards for Social Services Uses/Centers. (See related Item No. 35,
page 14) FINAL READING
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Schnetz, that said ordinance be adopted.
Ordinance No. MC-1106 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. RES. 2001-311 - Resolution of the City of San Bernardino adopting the
Five-year Capital Improvement Program (2001-2006) for Measure "I" Local
Expenditures.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-311 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. RES. 2001-301 - Resolution of the City of San Bernardino approving the
Final Map for Subdivision Tract No. 14193, located on the southeast corner
of Ohio A venue and Olive A venue, accepting the public dedications as set
forth on said map; and authorizing execution of the standard form of
agreement for the improvements in said subdivision, with time for
performance specified.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 200]-301 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2001-302 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute
Program Supplement Agreement No. 005-M with the State of California for
railroad at grade crossing and signal improvement at Palm A venue and
Burlington Northern Santa Fe track (BNSI<').
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-302 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2001-312 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to CDE Resources, Inc. for
pavement rehabilitation on Commercial Road from Hunts Lane to
Waterman Avenue per Plan No. 10251.
Council Member/Commissioner McGinnis stated he would abstain due to the
proximity of the project to his home.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-312 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien. Schnetz, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
McGinnis. Absent: None.
14. RES. 2001-313 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Lambco Engineering, Inc. for
installation of 18" storm drain in Highland Avenue from Mt. View
Cemetery to Valencia Avenue, per Plan No. 10248.
Council Member/Commissioner McCammack 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 2001102 budget and
transfer $36,000 from Account No. 248-368-5504-7166 (Repair Failed Box
Culverts--Citywide) to Account No. 248-368-5504-7211 (Installation of 18"
Storm Drain in Highland A venue from Mt. View Cemetery to Valencia
Avenue).
The motion carried and Resolution No. 2001-313 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
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15. RES. 2001-316 - Resolution of the City of San Bernardino in opposition to
the proposed Critical Habitat Designation for the San Bernardino Kangaroo
Rat.
Stacey Aldstadt, General Manager, San Bernardino Water Department, provided
an overview and answered questions regarding the issues related to the critical
habitat designation of the San Bernardino Kangaroo Rat and its impact on the
City of San Bernardino.
Submitted into the record was an interoffice memorandum dated October 1,
2001, from City Planner Valerie Ross to the Mayor and Common Council
regarding Agenda Item No. 15 - San Bernardino Kangaroo Rat, with the
following exhibits attached:
. History of Listing Briefing Paper, prepared by Stacy Aldstadt
. San Bernardino Kangaroo Rat Economic Impact Study, prepared by
John Husing, Ph.D., president of Economics and Politics, Inc.
. Natural Research Assessment, Inc. study, prepared by Karen Kirtland,
a biologist and president of Natural Resources Assessment, Inc.
It was noted that political recourse is the most powerful thing the City can do to
combat the proposed critical habitat designation as proposed by the U.S. Fish
and Wildlife Service, and it is necessary for the City to build a record in the
event the issue ends up in court.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2001-316 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
16. Reject all bids - pavement rehabilitation - 9th Street between "H" Street &
Waterman Avenue - Plan No. 10264
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Council reject all bids
for pavement rehabilitation on 9th Street between "H" Street and Waterman
Avenue, per Plan No. 10264.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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17. Reject all bids - street improvements - Art Townsend Drive & Otto Gericke
Drive - Plan No. 9479A - direct staff to re-bid project
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council reject all
bids for street improvements of Art Townsend Drive and Otto Gericke Drive
per Plan No. 9479 A and direct staff to re-bid the project as described in the staff
report dated September 21, 2001, from James Funk, Director of Development
Services.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. Set luncheon workshop - October 15, 2001 - 12 noon - EDA Boardroom -
presentation by Caltrans & SANBAG
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that a luncheon workshop be set for Monday,
October 15, 2001, at 12:00 p.m. in the Economic Development Agency (EDA)
Boardroom to hear a presentation by Caltrans and SANBAG relative to the
proposed street closure alternatives relative to the construction of 1-215 and to
discuss proposed development of the aesthetic/landscape master plan.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None
19. ORD. MC-1105 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino approving the Section 33352 Report to the Mayor
and Common Council and adopting the 2001 Eminent Domain Amendment
to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment
Project and certifying an Addendum to the 1990 Environmental Impact
Report. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1105 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None
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20. Implement Memorandum of Understanding between City of San
Bernardino & General Unit Employees - amend Resolution No. 6413
RES. 2001-303 - Resolution of the City of San Bernardino implementing a
Memorandum of Understanding between the City of San Bernardino and
employees in the General Bargaining Unit of the City of San Bernardino
represented by San Bernardino Public Employees Association. (20A)
RES. 2001-304 - Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Ten, entitled in part "A resolution . . .
establishing a basic compensation plan . . . "; by updating information
codifying prior Council actions (General l."nit). (20B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions be adopted.
Resolution Nos. 2001-303 and 2001-304 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
21. Approve Side Letter to Resolution 1\0. 1999-320 - Establish Basic
Compensation Plan For Middle Management Bargaining Unit
RES. 2001-305 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 1999-320, resolution of the City of San Bernardino
and employees in the Middle Management Bargaining Unit of the City of
San Bernardino represented by the San Bernardino Public Employees
Association amending Article III, Section 1, Wages. (21A)
RES. 2001-306 - Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Eleven, entitled in part, "A resolution . . .
establishing a basic compensation plan . . ."; by codifying prior Council
actions (Middle-Management Unit). (2IB)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions be adopted.
Resolution Nos. 2001-305 and 2001-306 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
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22. Establish Salaries - Police Department - Ranges P-l, P-2, P-3 & Law
Enforcement Trainee - Effective August 1, 2001
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the salaries for Police Department Ranges
P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August 1, 2001, as outlined in the
staff report dated October 1, 2001, from Edward Raya, Director of Human
Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Director of Finance be authorized to amend
the Fiscal Year 2001-2002 Budget to transfer $868,000 from the General
Government Budget (001-092-5011) to the Police Department Budget in the
General Fund and make the appropriate adjustments to the various police grants.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. Establish Salaries - Police Department - Ranges P-4, P-5, P-6 & P-7 -
Effective August 1, 2001
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the salaries for Police Department Ranges
P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police)
and P-7 (Chief of Police) be established, effective August 1, 2001, as outlined in
the staff report dated October 1, 2001, from Edward Raya, Director of Human
Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Director of Finance be authorized to amend
the Fiscal Year 2001-2002 Budget to transfer $110,000 from General
Government Budget (001-092-5011) to the Police Department Budget in the
General Fund.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. Establish Salaries - Fire Department - Ranges P-l, P-2, P-3 & P-4 -
Effective August 1, 2001
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the salaries for Fire Department Ranges P-
I (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire
Investigator and Captain) be established, effective August 1, 2001, as outlined in
the staff report dated October 1, 2001, from Edward Raya, Director of Human
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Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Director of Finance be authorized to amend
the Fiscal year 2001-2002 Budget to transfer $540,800 from the General
Government Budget (001-092-501I) to the Fire Department Budget in the
General Fund.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
25. Establish Salaries - Fire Department - Ranges P-5, P-6 & P-7, Fire Marshal
& Training Officer - Effective August 1, 2001
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the salaries for Fire Department Ranges P-
5 (Battalion Chief), P-6 (Deputy Fire Chief), P-7 (Fire Chief), Fire Marshal,
and Training Officer be established, effective August 1, 2001, as outlined in the
staff report dated October 1, 2001, from Edward Raya, Director of Human
Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Director of Finance be authorized to amend
the Fiscal Year 2001-2002 Budget to transfer $56,300 from the General
Government Budget (001-092-501I) to the Fire Department Budget in the
General Fund.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None
26. Item Deleted
27. Item Deleted
28. Resolution authorizing an increase in the annual purchase order amount to
Pool Supply of Orange County for swimming pool chemicals.
City Administrator Wilson advised that the Council would like to see a local
vendor win this contract, if possible; therefore, it was being recommended that
the matter be tabled and re-bid.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be tabled.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
(Note: Although Council Member/Commissioner Schnetz was in the Council
Chambers, he did not register a vote.)
29. RES. 2001-307 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to execute an
agreement with the San Bernardino City Unified School District relating to
the delivery of Type A lunches for the City's year-round lunch program
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-307 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None
30. RES. 2001-308 - Resolution of the Mayor and Common Council of the City
of San Bernardino to approve the destruction of certain Police records,
documents and papers pursuant to Section 34090 of the Government Code
of the State of California.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-308 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
31. RES. 2001-314 - Resolution of the City of San Bernardino accepting the C-
CAP State-of-the-art Grant and authorizing expenditure of the awarded
Grant Funds in accordance to the Grant Expenditure Plan.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2001-314 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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32. RES. 2001-309 - Resolution of the City of San Bernardino authorizing the
execution of annual purchase orders to provide ammunition, laboratory
evidence analysis, and uniforms to be utilized by the City of San Bernardino
Police Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-309 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
33. RES. 2001-315 - A Resolution of the Mayor and Common Council of the
City of San Bernardino authorizing the Mayor to execute an interim
agreement for tow services with Hayes Towing consistent with Resolution
1999-86.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-315 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
34. Public Hearing - Authorize Mayor & Common Council to Obligate &
Expend - FY 2001102 Local Law Enforcement Block Grant Monies
RES. 2001-310 - Resolution of the City of San Bernardino authorizing the
Mayor and Common Council to obligate and expend the awarded FY 01102
Local Law Enforcement Block Grant (LLEBG) monies for law enforcement
support expenditures.
Mayor/Chairman Valles opened the hearing.
Captain Bob Curtis reviewed the staff report and the recommended uses of the
Local Law Enforcement Block Grant monies
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
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The motion carried and Resolution No. 2001-310 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
35. Public Hearing - Conditional Use Permit No. 00-11 - Establish facility for
Central City Lutheran Mission (CCLM) - southwest corner of Virginia &
"G" Streets (Continued from September 17, 2001) (See related Item No.9
- page 5)
The hearing remained open.
City Planner Ross provided a recap of action taken at the previous meetings,
pointing out that the second reading of the ordinance relative to the development
code amendment was on the agenda as Item No.9. She advised that the
Mission held public meetings with the residents in their immediate area on
September 8 and September 11 to try and resolve those issues brought forth at
the Council meeting of September 4, 2001. She also noted that the conditional
use permit had been continued to today's meeting, and that revised conditions of
approval were included in the backup materials.
Council Member/Commissioner Lien stated that her office had requested that
the Police Department conduct an investigation and that Code Compliance
conduct an inspection in response to items mentioned at the public meetings.
She stated that she had told representatives from the neighborhood committee
that she would not move this item forward until these investigations had been
completed. Ms. Lien advised that the neighborhood association president, who
had been so vehemently opposed, had stated publicly that she was not opposed if
certain safeguards could be put in place; however, on Friday she (Ms. Lien)
found out that she was still opposed to the project.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony.
Pastor David Kalke, Central City Lutheran Mission, 1354 North "G" Street,
San Bernardino, CA advised that community meetings were held and plans for
the new facility were explained in detail to the attendees. He stated that most of
the people were in favor of the expansion; however, two issues had been raised-
-the music played out of doors and the basketballs going over into the yard of
the adjacent neighbor.
Pastor Kalke advised that the music under discussion is being played during
program hours--basically after school from 3:30-6:00 p.m., Monday through
Friday; and during August and September of the year 2000 on Sunday
afternoons between the hours of 1:00-3:00 p.m. Although there has never been
a problem with music being reported after 6 p.m. or during the weekend
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evening hours, the Mission Board agreed that this form of outreach would be
stopped and there will be no more music played out of doors at any time.
Secondly, insofar as the basketball games are concerned, once the center is
built, these games will take place indoors. However, until that time, the
Mission is working with the Planning Department to construct an 8-foot wall,
with a net above the wall, between the property of the Mission and the adjacent
neighbor to the west, to prevent any basketballs from entering this neighbor's
property.
Pastor Kalke advised that the Board discussed the establishment of a hotline so
that any complaints or neighborhood concerns could be immediately addressed
by staff or the Board. They have also discussed the establishment of a
neighborhood advisory council, which does not currently exist, to bring into
dialogue at least four times a year, and more frequently if necessary, the
elements and forces in the neighborhood that need to work together to discuss
ongoing developments and concerns. These meetings would be in addition to
the two annual neighborhood meetings mentioned in the staff report.
Council Member/Commissioner McCammack inquired whether the Mission
would be willing to consider having the neighborhood meetings monthly for the
first year, as this would allow concerns to be aired as quickly as possible,
without festering and turning into major problems. Pastor Kalke stated that this
would not be a problem--that they would have monthly neighborhood meetings
in addition to the quarterly advisory council meetings.
Council Member/Commissioner McCammack also expressed concern that the
notification of special events occurring in the amphitheater to all property
owners within 100 feet was not enough, and asked if they had considered
notifying all property owners within 500 feet. Pastor Kalke noted that the
proposed amphitheater was not that large, that it would be positioned dead
center in the block, and once built would be surrounded by three buildings,
therefore, reflecting the sound back into the amphitheater.
City Planner Ross concurred, stating that 500 feet had been discussed; however,
after consideration of the facts relative to the amphitheater, it was determined
that 100 feet would be sufficient. Also, it was not so much that the immediate
neighbors would be impacted as it was a matter of just letting them know about
any planned events.
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The following individuals spoke in opposition to the conditional use permit
and the expansion of the Mission:
Martha Hargrave-Gates, 757 West Virginia Street, San Bernardino, CA;
Carolyn Conley, 1384 North "G" Street, San Bernardino, CA, who submitted a
7 -page report with attachments;
Janina Chavez, 555 West 16th Street, San Bernardino, CA; and
Otto Madrid, 758 West Virginia Street, San Bernardino, CA.
The following individuals spoke in support of the conditional use permit and
expansion of the Mission:
Maria Murillo, 572 West 14th Street, San Bernardino, CA;
Reverend Ken Severa, 35575 Velardo Drive, Yucaipa, CA, (CCLM Board
Member);
Erwin Buschauer, 38306 Potato Canyon Road, Yucaipa, CA, (Chairman of the
CCLM Board);
Edwin Johnson, 368 East lTh Street, San Bernardino, CA;
Bruce Finucan, 36438 Kathy Lane, Yucaipa. CA, (CCLM Board Member);
Reverend Tim Drom, P.O. Box 247, Beaumont, CA, (CCLM Board Member);
J. Richard Saucier, 6080 Blythe Avenue, Highland, CA, (CCLM Board
Member);
Dorothy Chen-Maynard, PhD, 4951 Mariposa Drive, San Bernardino, CA,
faculty at CSUSB in the Department of Health Science/Nursing;
Alex Avila, staff representative at CCLM, 1025 North Tippecanoe, San
Bernardino, CA;
Byron "Ed" Congdon, 3678 Hemlock Drive, San Bernardino, CA;
Rebeca Sanchez, 1328 North "G" Street, San Bernardino, CA;
Carlos Necochea, 926 West 29th Street, San Bernardino, CA;
Pastor Jake Bell, 1354 North "G" Street, San Bernardino, CA; and
Guillermina Lopez, 641 West 11th Street, Apt. B, San Bernardino, CA.
Freddie Spellacy, a local San Bernardino realtor, stated she wants only what is
best for San Bernardino, and suggested that staff watch the Mission closely and
make sure they are doing what they are supposed to do.
Reports from staff members:
Doug Leeper, Code Compliance Field Operations Manager, stated that he made
two unannounced visits to the Mission and found some minor violations, one
being a travel trailer on the premises with an extension cord running to it.
Pastor Kalke was advised that this was a violation, and he assured staff it would
be taken care of. Mr. Leeper noted that there are issues of wear and tear;
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however, nothing comprising a code violation. Also, he did not see any roaches
on either of his visits to the Mission.
Captain Jenifer Aragon, San Bernardino Police Department, stated that she
found no crime issues at the Mission; more specifically, she found no
confirmation of any of the allegations that inappropriate activities were taking
place at the Mission.
City Attorney Penman asked Captain Aragon if she had investigated any
complaints of child molestation and, if so, what were the results of the
investigation.
Captain Aragon stated that she had; in fact, that was the primary focus of the
whole investigation. She advised that there was no confirmation of any of the
allegations and no indication that there were any inappropriate activities going
on there with children or otherwise.
City Attorney Penman stated that he had attended a conference on September 9th
and 12th and quite a bit of time was spent on the Religious Land Use and
Institutionalized Persons Act. He read into the record the following paragraph,
which he said would explain why he was about to question Pastor Kalke
regarding the proposed project.
"At the hearing attorneys should not hesitate to cross examine the applicant to
probe whether the proposed use is religious in nature as defined by the religion's
tenants or teachings, whether alternate sites or uses have been considered, and if
rejected, why, and whether and how any mitigation measures proposed by the
government would truly impact the applicant. "
City Attorney Penman asked Pastor Kalke if any of the proposed activities--the
multi-purpose facility, the communications center, and/or the residence/office
for interns, which includes interns from schools of social work, public health,
and theology--were religious in nature.
Pastor Kalke stated that the activities were not religious in nature in the sense
that persons would be required to participate in a particular religious orientation.
He added that one or two of the persons who might be coming from the
seminary will be completing a masters of divinity, which is a masters program
in theology, but persons will not be discriminated against because of religious
orientation.
City Attorney Penman asked whether religious services would be held in any of
the proposed facilities.
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Pastor Kalke stated that no religious services would be held in any of the
proposed facilities and indicated that all worship services would be held in the
sanctuary.
City Attorney Penman asked if there was anything in the teachings of the
Lutheran Church which requires Lutherans to offer these types of programs, or
participate in these types of programs.
Pastor Kalke stated that there are many teachings in the Lutheran Church that
they have responded to, not because they are in the business of proselytizing,
but because they are a group of persons, particularly himself as a Lutheran
clergyman, responsible for instituting certain types of programs--to offer
programs in education, to offer programs in recreation, to create safe spaces in
neighborhoods, to create safe spaces for persons who might otherwise find
discrimination or exc1usion--those are principles that are part of what it means to
be a part of their church. However, they do not suggest that persons must
become Lutheran, nor must they subscribe to any particular doctrine within the
Lutheran Church in order to participate in any of their programs.
City Attorney Penman asked if the purpose of this mission was really more
social than religious.
Pastor Kalke stated that it was.
Council Member/Commissioner Schnetz stated that he did not see anything in
the scope of the conditional use permit that relates to group housing as testified
by some of the opposition, and inquired whether he was missing something in
the report.
City Planner Ross confirmed that group housing was not part of the CUP other
than the dormitories for the interns.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed.
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 Schnetz made a motion, seconded by Council
Member/Commissioner Anderson, that Conditional Use Permit No. 00-11 be
approved, based on the Findings of Fact, subject to the Conditions of Approval
and Standard Requirements.
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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.
36. Status report - outside law firms retained since July 1, 1999
City Attorney Penman provided an overview of the staff report and answered
questions regarding same.
Submitted into the record was an interoffice memorandum dated October 1
,
2001, from Senior Assistant City Attorney Carlyle to the Mayor and Common
Council Chairperson and Community Development Commission regarding a
Status Report on Outside Law Firms Retained by the Economic Development
Agency Since July I, 1999.
No action was taken on this matter.
37. Update - League of California Cities Legislative Task Force
Council Member/Commissioner Lien advised that the last meeting of the task
force was dominated by talk of housing issues. She stated that at the next
SCAG meeting the Housing Task Force would convene and the Mayor and City
staff would be there to represent the City's interests. She also noted that
unfunded mandates should be on the ballot next year.
No action was taken on this matter.
Recess Meeting
At 1:13 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 2:15 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.
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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 Saba, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: None.
R38. Tippecanoe Retail Project - In-N-Out Burgers - Owner Participation
Agreement (Continued from September 17, 2001)
RES. CDC/2001-39 - 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, making certain
findings and determinations pursuant to Health and Safety Code Section
33433, making other findings and determinations in accordance with the
California Environmental Quality Act and approving that certain Owner
Participation Agreement by and between the Redevelopment Agency of the
City of San Bernardino and In-N-Out Burgers on the Terms set forth in
such agreement.
(R3SA)
RES. 2001-317 - A Resolution of the Mayor and Common Council of the
City of San Bernardino acknowledging receipt of a report relating to that
Certain Owner Participation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and In-N-Out
Burgers.
(R38B)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolutions be adopted.
Community Development Commission Resolution No. CDC12001-39 and
Mayor and Common Council Resolution No. 2001-317 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent;
None.
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R39. RES. CDC/2001-40 Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing (1)
the Executive Director of the Agency to execute a Home Program
Community Housing Development Organization (CHDO) Agreement
(Fiscal Year 2000-2001) by and between Neighborhood Housing Services of
the Inland Empire, Inc., (NHS) and the Redevelopment Agency of the City
of San Bernardino (11 units multi-family Housing Acquisition and
Rehabilitation) and (2) making certain findings of Environmental
Exemption. (Continued from September 17, 2001)
Council Member/Commissioner McCammack stated that she would abstain to
avoid the appearance of a conflict.
Submitted into the record was a document titled, "Neighborhood Housing
Services of the Inland Empire, ]nc., City of San Bernardino, Proposed Multi-
Family Project and Other Past Projects" dated October 1, 2001.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC12001-40 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.
R40. Lease of Agency property to the East Valley Water District
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson that the Mayor and Common
Council/Community Development Commission ratify changes to Environmental
Indemnity Provisions of Lease Agreement by and between the Redevelopment
Agency of the City of San Bernardino and the East Valley Water District and
authorize execution of the agreement by the Executive Director.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
41. Public Comments
Charles Brown, 1843 Madison Street, Redlands, CA, owner of properties on
Laurelwood Street in the HUB Redevelopment Area, stated he had received an
appraisal on his Laurelwood property, and if he sold the property he would only
come out with $13,000--and he makes more than $13,000 a year on the
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property. He wanted some kind of suggestion and/or assurance from the
CouncillCommission that he would be dealt with fairly on this matter, as this is
how he makes his living.
Council Member/Commissioner McGinnis stated that it was his understanding
that the City/Agency would help these people find replacement properties.
Wilma Morgan, 334 East Orange Street, San Bernardino, CA, spoke regarding
the number of stray dogs in her neighborhood and the need for help from the
City in rectifying this problem.
James Penman, 221 East Marshall, San Bernardino, CA, spoke regarding
Measure "I" and the harmony it will promote between the Mayor and Council
and City Attorney. He also voiced his concerns regarding the candidacy of Bob
Holcomb for the Fourth Ward Council Seat.
42. Adjournment
At 3:53 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, October 15, 2001, in the Council Chambers of
City Hall.
RACHEL G. CLARK
City Clerk
By ~.~L{f*jJ
Deputy City Clerk
No. of Items: 42
No. of Hours: 5.5
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