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HomeMy WebLinkAbout12-03-2001 Minutes MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 3, 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 8:14 a.m., Monday, December 3, 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, McGinnis, Schnetz, Suarez, McCammack; City Attorney Pemnan, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Lien, Anderson. I . Closed Session Pursuant to Govermnent Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a) Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; George Minjarez and Linda Reyes v. Ronnie C. Garcia, City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 076208; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV-00-03048 GHK. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Govermnent Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Govermnent Code Section 54956.9. I 12/3/2001 D. Closed Session - personnel - pursuant to Govermnent 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 Govermnent Code Section 54957.6. G. Conference with real property negotiator - pursuant to Govermnent Code Section 54956.8. I. Property Address: Negotiating Parties: HUB Properties Gary Van Osdel for the Redevelopment Agency and Cecilia Moreno Cecilia Moreno Cecilia Moreno Janice S. Casey Gina Ramirez Gerry C. Politano & Lea G. Politano Cruz Avila & Leonor Avila Ronnie E. Searcy & Susan Ann Searcy 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 Norris & Phyllis Norris David V. Kon, Trustee David V. Kon, Trustee 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-05 0281-082-06 0281-082-07 0281-082-08 0281-082-09 0281-082-10 0281-082-11 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 2 12/3/2001 0281-082-34 0281-082-35 0281-082- 36 0281-082-37 0281-082-38 0281-082-39 0281-082-40 0281-082-41 0281-082-55 0281-082-57 0281-083-01 0281-083-02 0281-083-04 0281-083-05 0281-083-06 0281-083-07 0281-083-08 0281-083-09 0281-083-10 0281-083-11 0281-083-12 0281-083-13 0281-083-14 0281-083-15 0281-083-16 0281-083-17 0281-083-18 0281-083-20 0281-091-39 Under Negotiation: 2. Property Addresses: Negotiating Parties: Juan P. Trujillo & Consuelo Y. Trujillo Roberto O. Betancourt & Rita M. Betancourt Pedrito B. Tongpo & Perida I. Tongpo Pedrito B. Tongpo & Perida I. Tongpo Henry W. Shelton & Betty J. Shelton George R. Hallock & Janet Knickerbocker Altegra Credit Co Blue Diamond Unlimited, Inc Henry W. Shelton & Betty J. Shelton Vibhakerbhai B. Patel & Vimalaben Patel Alfred Anthony Simental L.L.c., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Leo Rittenhouse Harold P. Luke & Chintana V. Luke J. C. Hancock & Lorean Hancock Henry W. Shelton & Betty J. Shelton Victor M. Castillo Fern I. Kopitzke, Trustee Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Purchase terms & conditions 9th & Del Rosa Properties: 278-061-54,68,74, & 75 278-201-30,31,32,33, & 34 20th Street - Arden Guthrie Area: 2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371, 2381, & 2391 20th Street Michael R. Perez, Facilities Planning & Development Director, San Bernardino City Unified School District & Maggie Pacheco, Deputy / Housing Director, Economic Development Agency 3 12/3/2001 Under Negotiation: Purchase terms & conditions City Attorney Pemnan announced that the following additional cases would be discussed in closed session: City of San Bernardino Municipal Water Department v. The United States Department of the Army - United States District Court Case No. CV-96-8867 consolidated with CV 96-5205; Stubblefield Construction Company, et al. v. City of San Bernardino, et &. - San Bernardino Superior Court Case No. SCV 252058; Stephanie Battle, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 0l-0327VAP(SGLx); Douglas J. Domino v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-339RT(V APx). Under 1.G., Conference with real property negotiator pursuant to Govermnent Code Section 54956.8: HUB Property - Parcel No. 0281- 082-04, 949 East Laurelwood Drive, owned by Arthur L. & Purificaci Labaquiao. Council Member/Commissioner Lien Arrived At 8:20 a.m., Council Member/Commissioner Lien arrived at the Council/Commission meeting. Council Member/Commissioner Anderson Arrived At 8:22 a.m., Council Member/Commissioner Anderson 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 agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Sister Marita Beumer of St. Bernardine's Church, followed by the pledge of allegiance, led by Alexa Kluss, a third grade student from Ramona Alessandro Elementary School. 4 12/3/2001 2. Appointment - John Coute - Planning Commission - Mayor Valles Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Members/Commissioners Lien, Anderson. 3. Proclamations & Presentations Council Member/Commissioner Anderson presented certificates of recognition to Albert Okura, owner of Juan Polio; and Darrell Funn, Sports/Athletic Director, and Steve Everett, Director, Precious Foundations of Tomorrow, for their support and contributions to the Ruthie Bolton Girls Skills and Drills Clinic. Jessica Hernandez, Event Coordinator, and Albert Okura presented plaques of appreciation to the Mayor and Council for waiving fees and supporting the Cruizin E Street event. They also recognized Ray Casey, Deputy Director/City Engineer, and Tony Lugo, Engineering Assistant II, Development Services Department, for their contributions. Teri Rubi, Executive Assistant to the Mayor, introduced members of the Mayor's Youth Council, who represent nine high schools and eight middle schools located in San Bernardino. The Youth Council will be meeting on a regular basis to share concerns, solutions, and ideas for change as they work for the betterment of the community. Representatives of Tobacco Use Reduction Now--Esther Jimenez, Health Education Specialist, and Dr. Eric Brickman, Department of Public Health; and Danny Flores, Founder and Executive Director of the Salute to the Route organization--unveiled the Salute to the Route Tobacco-Free Cars Save Lives 2002 calendar. The unveiling of the calendar was followed by a brief press conference and car display at the City Hall turnaround. 4. Announcements Mayor Valles requested that a moment of silence be observed in memory of Virginia Paresa, mother of Jerry Paresa of the San Manuel Band of Mission Indians, and Bob Mack, the Gas Company's City representative, who recently passed away. 5 12/3/2001 Announcements were made by the Mayor and Common Council and elected officials regarding various civic and community events and 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. 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 November 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 November 28, 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 ratitied. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. RES. 2001-357 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the application for grant funds for California Department of Parks and Recreation, Local Grant Projects funded from various special appropriations, for renovation of Santa Fe Depot. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Schnetz, that said resolution be adopted. 6 12/3/2001 Resolution No. 2001-357 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. Set luncheon workshop - Monday, December 17, 2001 - 12 noon - Economic Development Agency Boardroom - presentation by Strategic Education Services, State representatives - Legislative Advocacy Program Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that a luncheon workshop be set for Monday, December 17, 2001 at 12:00 noon in the Economic Development Agency Boardroom for a presentation by Strategic Education Services, State representatives, regarding legislative advocacy program for the upcoming year. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. Authorize payment - invoice for $560.00 - Gresham, Savage, Nolan & Tilden, LLP - independent review of City Attorney's Impartial Analysis of Measure "I" Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council authorize the City Attorney to pay the invoice of $560.00 from Gresham, Savage, Nolan & Tilden, LLP for its independent review of the Impartial Analysis of Measure "I" by the City Attorney. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. ORD. MC-ll09 - An Ordinance of the City of San Bernardino adding Section 9.84.040 to the San Bernardino Municipal Code relating to projectiles. FINAL READING Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted. Ordinance No. MC-II09 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7 12/3/2001 12. RES. 2001-358 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on the 6'h day of November 2001, declaring the results thereof and setting forth such other matters as are allowed by law. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-358 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. ORD. MC-ll10 - Ordinance of the City of San Bernardino amending Section 10.24.190 of the San Bernardino Municipal Code to prohibit commercial vehicles on Tia Juana Street between Fourth Street and Fifth Street, Cabrera Avenue between Fourth Street and Fifth Street and Kingman Street between Tia Juana Street and Mount Vernon Avenue. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-lllO was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 14. ORD. MC-l111 - Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to change the existing speed limit on Mountain View A venue between Fortieth Street and Hill Drive/Pinehurst Court from forty miles per hour to thirty-five miles per hour. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-l11l was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstentions: Council Members/Commissioners Lien, McCammack. Absent: None. 8 12/3/2001 15. RES. 2001-359 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Holland-Lowe Construction Inc. for pavement rehabilitation on Highland Avenue from Sierra Way to Waterman Avenue, Waterman Avenue from Base Line Street to 9th Street, Foxcroft Way from Heritage Lane to Commercial Road and 9th Street from Arrowhead Avenue to Waterman Avenue. per Plan Drawing Nos. 10294 and 10264A. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-359 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis. Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 16. RES. 2001-360 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to E. G. Holmes Co. for pavement rehabilitation on University Parkway from Kendall Drive to Northpark Blvd., Base Line Street from California Street to Medical Center Drive, and the intersection of Little Mountain Drive and 48'h Street, per Plan No. 10295. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to transfer $241,000 from Account No. 135-378-5504-7222 (Highland Ave., Waterman Ave., Foxcroft Way) to Account No. 135-378-5504-7220 (University Parkway, Base Line St., 48th St.) and amend the FY 2001102 budget accordingly. The motion carried and Resolution No. 2001-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2001-361 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Larnbco Engineering, Inc., for installation of storm drain in "H" Street from Esperanza Street to Adell Street per Plan No. 10244. 9 12/3/2001 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2001/02 budget to increase the budget amount in Account No. 248-368-5504- 7258 by $25,000 and reflect the associated reduction in Account No. 248-000- 3405-0000 (Unappropriated Storm Drain Construction fund). The motion carried and Resolution No. 2001-361 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. RES. 2001-362 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Janus Corporation for lead-based paint and asbestos abatement and clean up (phase II) at the Santa Fe Depot, per Plan No. 10328. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-362 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. Determine public convenience or necessity - Type 20 Liquor License - Highland Chevron gas station/convenience store - 2505 East Highland Avenue Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) liquor license for the Highland Chevron gas station with a convenience store located at 2505 East Highland Avenue. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 12/3/2001 20. ORD. MC-I112 - 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 Central City East Redevelopment Project and certifying an Addendum to the 1975 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-1112 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. RES. 2001-363 - Resolution of the City of San Bernardino relating to financing of certain projects establishing compliance with reimbursement regulations under the Internal Revenue Code. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001-02 budget to reflect the capital expenditure of $935,500 for Fire Department apparatus and the corresponding reimbursement of $935,500 that the City will receive from the financing proceeds. The motion carried and Resolution No. 2001-363 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2001-364 - Resolution of the City of San Bernardino approving a Side Letter to Resolution 99-155, resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Unit represented by the San Bernardino Police Officers Association. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-364 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 12/3/2001 23. Authorize salary increase - grant-funded position - Food Services Supervisor II - Parks, Recreation & Community Services Department Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council approve a salary increase for Food Services Supervisor II from $10.41 per hour to $15.00 per hour, retroactive to July 1, 2001; and that Resolution No. 6413, Section Thirteen, be amended to reflect this particular action. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. Authorize salary increases - grant funded positions - Parks, Recreation & Community Services Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council approve salary increases for the following Headstart/Preschool positions, retroactive to September 1, 2001: TeacherfDirector (1) - from $14.73/hour to $15.47/hour; Teacher (4) - from $12.8I!hour to $13.45/hour; Clerk (1) - from $8.37/hour to $9.46/hour; and Teacher Aide (4) - from $8.37/hour to $9.12/hour; and that Resolution No. 6413, Section Thirteen, be amended to reflect this particular action. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. RES. 2001-365 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of applications for the certification of City operated recyclable beverage container collection programs and the periodic renewals of certification. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-365 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12 12/3/2001 26. Public hearing - authorize execution of agreement - sale of city property - northwest corner of Washington Street & Waterman Avenue RES. 2001-366 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a quitclaim deed for the sale of City property generally located at the northwest corner of Washington Street and Waterman Avenue in the City of San Bernardino. Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, provided background information and an overview of the staff report. No public comments were received Council Member/Commissioner McGinnis stated he would abstain from voting on this item as he lives near the property. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2001-366 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. 27. An ordinance of the City of San Bernardino amending Title 6 of the San Bernardino Municipal Code relating to animals. FIRST READING (Continued from November 19, 2001) Jon Cicirelli, Director of Animal Control, reviewed the proposed changes and recommendations and answered questions regarding same. City Attorney Pemnan advised that the new ordinance provides for a citation process and hearings to the Hearing Officer. Sue Dawson, Fourth Ward resident and appointee to the Animal Control Commission, stated that she would like an addition to the code providing that no dogs be tied or chained. She also advised that the representatives who come from the Orange County and Los Angeles areas to speak on behalf of cat fanciers have no idea of the problems San Bernardino faces insofar as its feline population is concerned. 13 12/312001 Brian Cronin, Executive Director, Humane Society of San Bernardino County, expressed his appreciation and support for the proposed ordinance. However, he urged the Council to consider an amendment in the near future which would ban the tethering or chaining of dogs, stating that the Humane Society was willing to assist with this request. Susan Benevy, Seventh Ward appointee to the Animal Control Commission, stated she was disappointed the Legislative Review Committee had amended the proposed changes relative to spaying and neutering requirements; and that she hoped the City would have a law in the near future regarding the tethering of animals. Discussion ensued regarding the number of tethered or chained animals in San Bernardino, the number of cities which currently ban tethering, and the need to move slowly on this matter--possibly starting with a community education program. Comments and concerns were also expressed regarding the need to spay and neuter free-roaming cats. Council Member/Commissioner Lien advised that she would love to see the City do away with tethering and chaining and to also address the problem of the numerous free-roaming cats; however, the individuals who worked on the new amendments tried not to create legislation which they had no way of implementing or enforcing. City Attorney Pemnan reviewed several small changes which needed to be made to the ordinance and suggested that the motion include language to enable the City Attorney's Office to finalize the ordinance with minor changes, as needed. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be laid over for final adoption; and that the City Attorney be authorized to correct any non- substantive errors, including typographical or numbering errors, including correcting references to state statutes, City ordinances, and City Attorney opinions. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 28. Continue to March 4, 2002 - approval of Final Map - Tentative Tract No. 14112 - located northeasterly of the intersection of Foothill Drive & Sterling Avenue (Continued from September 4,2001) 14 12/3/2001 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the Final Map for Tentative Tract No. 14112 be continued to the Council/Commission meeting of March 4,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Rotolo Chevrolet for one (1) 2002 one-ton truck with service body to be utilized by the Fire Department. (Continued from November 19, 2001) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to the Council/Commission meeting of December 17, 200 I. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 30. Appeal - Conditional Use Permit No. 01-14 - upgrade an Alcoholic Beverage Control Type 41 on-sale beer and wine license to a Type 48 on-sale general license - 1689 Kendall Drive (Fanatics Restaurant) Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner, provided background information regarding the grounds for the appeal, noting that the applicant currently has a license to sell beer and wine and now wants to upgrade to sell hard liquor and provide live entertaimnent. She advised that after listening to the concerns expressed by the adjacent property and business owners, staff had revised the conditions of approval by adding several additional conditions which they believed would address these concerns. The following individuals spoke in suppon of the appeal, and pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath that they would provide true and honest testimony: Paul Plesnicher, 1649 W. Sheridan Road, San Bernardino, CA, stated he did not want more liquor sold in the neighborhood due to the large number of schools and churches in the area. 15 12/3/2001 -_._----~-_.~--'-----,.._.__.---_._.._-------_...__..-----------------~- Larry Lee, 1699 Sheridan Road, San Bernardino, CA, submitted a petition signed by 19 individuals opposed to the conditional use permit, which highlighted some of their concerns. He mentioned the problem of loud music and also read into the record a letter of opposition from Kelly Blake. China Akbar, Manager of Indian Creek Apartments, 1930 W. College Avenue, San Bernardino, CA, spoke on behalf of the aparttnent owners, Dave Pettis and Dale Stark. She read into the record a letter from the management company stating that they are a family-oriented complex and strongly opposed to the request for a hard liquor license by Fanatics Restaurant. Discussion ensued regarding the complaints of the neighboring residents and businesses. It was pointed out that although various allegations were made regarding the Fanatics Restaurant at the Planning Commission meeting, there had been no complaints registered with the Police Department. Council Member/Commissioner Suarez stated he had personally visited the location and had seen for himself some of the same conditions being alleged by the neighbors. Council Member/Commissioner McCammack advised that she was uncomfortable granting a permit to an establishment that had already violated its existing license by hiring live entertaimnent without obtaining the proper permits; and Council Member/Commissioner Schnetz questioned whether the applicant had ever obtained his dine and dance permit from the City Clerk's Office. City Attorney Pemnan suggested, in light of the allegations that the applicant was currently in violation of the code, that the Council continue this item until his office and the Police Department could investigate these allegations. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commission McGinnis, that the matter be continued to the Council/Commission meeting of January 22. 2002; and that the Mayor and Common Council direct the City Attorney's Office and Police Department to investigate the matter. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16 12/3/2001 31. Submission of Audit - City of San Bernardino's Economic Development Agency's Contractual Relationship with Alvarez & Associates for services through the Acquisition, Rehabilitation and Resale and Mortgage Assistance Programs dated October 2001 by the Harvey M. Rose Accountancy Corporation City Attorney Pemnan requested that the matter be continued for two weeks. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of December 17, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 32. RES. 2001-367 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding, and supporting the construction and operation of, a new multiplex courtbouse in downtown San Bernardino. Council Member/Commissioner Schnetz stated that he would like the Board of Supervisors to know that the City is not asking them to take this step without the City's cooperation and support. He suggested that the ordinance be amended to incorporate language stating that the City anticipates taking title to approximately five or six acres of land at the southeast comer of Third Street and Arrowhead Avenue and is willing to donate this land for the courthouse site. City Attorney Pemnan reviewed the changes made to the resolution including Council Member/Commissioner Schuetz' suggestion. Council Member/Commissioner Lien pointed out that several sections of the resolution are specific to the City of San Bernardino; however, a lot of it is applicable to other cities as well. She suggested the creation of a sample resolution similar to the one being adopted by the City of San Bernardino, which neighboring cities could take to their Councils and Supervisors as well. City Attorney Pemnan advised that the ad hoc task force would be meeting on Wednesday, and suggested the idea be discussed there first. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted, as amended by the City Attorney's Office. 17 12/312001 The motion carried and Resolution No. 2001-367 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33. League of California Cities Legislative Task Force Update Council Member/Commissioner Lien noted that the state legislature is still in recess; however, the biggest concern of local govermnents is the upcoming state budget crisis and the loss of state funding at the local level. Luncheon Workshop - EDA Boardroom - 12:00 noon - receive information relative to grants City Administrator Wilson advised that management encourages the departments to solicit grants and staff is aggressive in doing so. He stated that the grants are usually reviewed by his staff first and then forwarded to the Finance Department. Barbara Pachon, Director of Finance, reviewed the grant process and answered questions regarding same. She advised that once a grant is approved it is assigned a grant number and tracked by Finance; however, Finance does not set up the account until the official document awarding the grant is received. She explained that the "grant expenditure plan" is merely the budget for that particular grant, and that a matrix and tracking system are maintained for each grant. Discussion ensued regarding the auditing process used for the grants and what information the auditors are actually looking for. Mayor/Chairman Valles recommended the appointment of a task force or committee, which would include members of the Council, to study, review, and bring back to the other Council members a report regarding the City's grant process, including compliance issues and the status of the City's current grants. The Mayor asked Council Members/Commissioners Estrada, Anderson, and McCammack to serve on the committee, as well as the City Treasurer and one representative each from the City Administrator's Office and the City Attorney's Office. No further action was taken on this matter at this time. 18 12/3/2001 34. RES. 2001-368 - Resolution of the City of San Bernardino accepting the Investigative Satellite Initiative Grant in the amount of $45,000 and authorizing the expenditure of grant funds in accordance to the grant expenditure plan. (Continued from November 19, 2001) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-368 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 35. RES. 2001-369 - Resolution of the City of San Bernardino accepting the FY 01/02 High Technology Grant in the amount of $88,618 and authorizing the expenditure of the awarded grant funds in accordance to the grant expenditure plan. (Continued from November 19, 2001) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-369 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 36. RES. 2001-370 - Resolution of the City of San Bernardino accepting the Value-Based Initiative (VBI) Grant in the amount of $125,000 and authorizing the expenditure of grant funds in accordance to the grant expenditure plan. (Continued from November 19, 2001) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-370 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 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 2:10 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. 19 12/3/2001 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. R37. Joint Public hearing - amendment to re-establish eminent domain power on non-residential property - Meadowbrook/Central City Redevelopment Project RES. CDC/2001-55 - Resolution of the Community Development Commission of the City of San Bernardino, making a finding that conditions of blight burden the Redevelopment Project Area of the Meadowbrook/Central City Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project, approving the 2001 Eminent Domain Amendment to the Redevelopment Plan and recommending the certification of the Addendum to the 1975 Environmental Impact Report. 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 Meadowbrook/Central City Redevelopment Project and certifying an Addendum to the 1975 Environmental Impact Report. FIRST READING Mayor/Chairman Valles opened the joint public hearing. Affidavits of mailing and publication, marked Exhibits "A" and "B," were accepted as evidence without objection. Margaret Park, Project Manager, Economic Development Agency, provided a summary of the background and reasons for the Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area. 20 12/312001 Felise Acosta of Resenow Spavacek Group, Inc., redevelopment consultant, provided a summary of the Agency's report to the Mayor and Common Council. The Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project (Exhibit 2); the report to the Mayor and Common Council on the Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project (Exhibit 3); the Addendum to the 1975 ErR (Exhibit 6); and the written staff report as presented, were accepted as evidence and as part of the official record. City Clerk Clark stated that no written objections had been received. There were no public comments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, 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 Lien made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 38. Publie Comments Wilma J. Morgan, a local resident, spoke regarding her fear of the dogs roaming loose in her neighborhood and how difficult it is to see the white street lines in the vicinity of Base Line and Waterman, especially when it rains. 21 12/3/2001 39. Adjournment. At 4: 19 p.m., the meeting was adjourned to 9 a.m., Monday, December 10, 2001, in the Council Chambers of City Hall, for closed session discussion. The next joint regular meeting is scheduled for 8:00 a.m., Monday, December 17, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK ;!j. . CitY,~erk By: ~c. W Linda E. Hartzel Deputy City Clerk No. of Items: 39 No. of Hours: 8.25 22 12/312001