HomeMy WebLinkAbout12-17-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 17, 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 17,2001, 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,
Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner McCammack.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Govermnent Code Section 54956.9(a):
Credit Bureau of San Bernardino, Inc., et al. v. City of San Bernardino-
San Bernardino Superior Court Case No. SCVSS 71169;
Shirley Goodwin v. City of San Bernardino - United States District
Court Case No. EDCV 00-0057 V AP (FMO);
George Minjarez and Linda Reyes v. Ronnie Garcia, City of San
Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS
076208;
San Bernardino Redevelopment Agency v. William Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Manta Management v. City of San Bernardino - United States District
Court Case No. SCV 18157;
12/17/2001
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - 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 01-0327 V AP (SGLx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to suhdivision (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.
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.
1.
Property Address:
Negotiating Parties:
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
Ronnie E, Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
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
2
12/17/2001
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
Under Negotiation:
Angelina Rodriguez Coeur
Alta J.Moffitt
Charles I.. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
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
3
12/1712001
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor David J. Kalke of Central City Lutheran Mission,
followed by the pledge of allegiance, led by Christine Aguilar, a sixth grade student at
Richardson School.
2. Appointments
There were no commission appointments.
3. Presentations & Service Pin Awards
Enviromnental Project Assistant Peggi Hazlett introduced the students who
participated in this year's Oil Kids Calendar project.
The Black Rose Award was presented to Rabbi Hillel Cohn by Dr. Juanita Scott
of the Black Culture Foundation.
Teri Rubi, Executive Assistant to the Mayor. read the names of the following
individuals who were presented a service pin award by Mayor Valles in
recognition of their many years of dedicated service to the City:
Name
Josie Soria
Ronald Good
Bryan James
Joe Pearson
Raymond Yzaguirre
Richard Perkins
Dan Blum
Robert Curtis
Patricia Gantes-Kostiw
Mark Garcia
Daniel Han
Joyce McDonald
Teri Newcomer
Michael Roche
James Tossetti
Editha Asperas
Jerry Zuniga
Department
City Attorney
Fire
Fire
Fire
Fire
One Stop Career Center
Police
Police
Police
Police
Police
Police
Police
Police
Police
Public Services
Public Services
4
Years of Service
10
5
5
5
5
10
30
30
30
15
5
30
15
15
30
5
15
12/17/2001
Moment of Silence
Mayor/Chairman Valles requested that a moment of silence be observed in memory of
Alex Burten, City Refuse Operator, who recently passed away.
4. Announcements
Announcements were made by the Mayor and Common Council, elected
officials, and the Chamber of Commerce regarding various civic, community,
and Chamber events/activities. Mayor Valles provided an update on the City's
public works projects.
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 and supplemental agendas of the Mayor and Common
Council/Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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:
September 17, 2001; October 15, 2001; and December 10, 2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
7. 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 December 12, 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.
Nays: None. Absent: Council Member/Commissioner McCammack.
5
12/1712001
8. 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 December 13, 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.
Nays: None. Absent: Council Member/Commissioner McCammack.
9. An Ordinance of the City of San Bernardino amending Title 6 of the San
Bernardino Municipal Code relating to animals. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Schnetz, that the ordinance be tabled.
The following individuals spoke in opposition to the Animal Control revisions
regarding cats: Cherylee Davis Deyoung, 1177 Congress, San Bernardino,
CA; and Lorraine Graham, 816 Hill Street, San Bernardino, CA.
The motion carried by the following vote: Ayes: Council
MemberS/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
10. Authorize execution of an agreement to jointly fund the consulting services
of Strategic Education Services (SES) by and between the City of San
Bernardino, the Board of Water Commissioners, and the Economic
Development Agency
RES. 2001-379 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement with
Strategic Education Services (SES) for consulting services. (lOA)
RES. CDC/2001-56 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the execution of an
agreement to jointly fund the consulting services of Strategic Education
Services by and between the City of San Bernardino, the Board of Water
Commissioners of the City of San Bernardino, and the Community
Development Commission of the City of San Bernardino. (lOB)
6
12/17/2001
RES. 2001-380 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement to jointly fund
the consulting services of Strategic Education Services (SES) by and
between the City of San Bernardino, the Board of Water Commissioners of
the City of San Bernardino, and the Community Development Commission
of the City of San Bernardino. (10C)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions be adopted.
Mayor and Common Council Resolution Nos. 2001-379 and 2001-380 and
Community Development Commission Resolution No. CDC/2001-56 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent:
Council Member/Commissioner McCammack,
11. Approve Mayor and Common Council & Community Development
Commission regular meeting dates for calendar year 2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council and the
Community Development Commission approve the following dates for regular
meetings of the Mayor and Common Council/Community Development
Commission for the year 2002: January 7 and 22; February 4 and 19; March 4
and 18; April 1 and 15; May 6 and 20; June 3 and 17; July I and 15; August 5
and 19; September 9 and 23; October 7 and 21; November 4 and 18; December
2 and 16.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
12. Certify - Northwest Project Area Committee election results - November
28, 2001
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council declare
that the adopted procedures for the Northwest Project Area Committee election
held on November 28, 2001, were followed and further declare as official the
results of the Northwest Project Area Committee Election, as set forth in the
Certificate of Election Results dated December 4, 2001, and the accompanying
tally; and that the Community Development Commission recommend approval
of the Northwest Project Area Committee as elected on November 28,2001.
7
12/1712001
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
13. Designate Voting Delegate for League of California Cities Annual
Conference December 18-20, 2001
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that Council Member Lien be designated as the
City of San Bernardino's voting representative for the League of California
Cities Annual Conference to be held on December 18-20, 2001 in Sacramento,
California.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
14. Approve Local Appointments List
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council approve
the Local Appointments List of all regular and ongoing boards, commissions,
and committees and direct the City Clerk to send a copy of the list to the
Feldheym Library, pursuant to Government Code Section 54973; and that the
Legislative Review Committee discuss and consider the status of the following
five boards, commissions, or committees that are inactive, and recommend
appropriate action: Commission for Disabled Persons, Relocation Appeals
Board, Main Street Advisory Board, Cemetery Commission, and Central City
Advisory Board.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
15. RES. 2001-371 - Resolution of the City of San Bernardino approving the
Final Map for Subdivision Tract No. 15977, located on the south side of
Kendall Drive between Walnut and Pine Avenue, accepting the public
dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improyements 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.
8
12/1712001
Resolution No. 2001-371 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
16. Adopt mitigated Negative Declaration - renovation & retrofit of the Santa
Fe Depot
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council adopt the
mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
17. RES. 2001-372 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Professional Services with John Egan
& Associates, Inc. for additional design work associated with the
realignment of Laurelwood Drive from Tippecanoe Avenue to Orchard
Drive.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-372 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
18. RES. 2001-373 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Lambco Engineering, Inc. for
storm drain outlet structure repair on 40'. Street Phase I, per Plan No.
10320.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-373 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
9
12117/200 1
19. RES. 2001-374 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Malton Construction, for street
improvements at 131h Street and "G" Street. per Plan No. 10220-A.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-374 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
20. ORD. MC-ll13 - 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. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-l1l3 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
21. RES. 2001-375 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue a purchase
order to L.N. Curtis & Sons in the amount of $100,027.68 for Self
Contained Breathing Apparatus (SCBA).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-375 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
22. RES. 2001-376 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue a purchase
order to Motorola Inc. in the amount of $48,493.00 for radio
communication equipment.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
10
12/17/2001
Resolution No. 2001-376 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
23. Authorize the renaming of the Elks Field at Wildwood Park to Chuck
Wilkinson Field, in honor of Chuck Wilkinson
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner McGinnis, that the Elks Field be officially named the
Chuck Wilkinson Field.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
24. RES. 2001-377 - Resolution of the City of San Bernardino awarding U.S.
Armor a purchase order for ballistic vests, Threat Level II, in the amount
of $50,000.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-377 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
25. Authorize deletion of Administrative Clerk III position & addition of
Customer Service Representative position - Facilities Management Division
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the vacant position of Administrative
Clerk III, be deleted, Range 1313, $2,115-$2,5711month; that a new position of
Customer Service Representative, be added, Range 1320, $2,190-$2,662/month;
and that the Human Resources Department be directed to update Resolution No.
6413, Section Ten, and Resolution No. 97-244, to reflect this particular action.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
11
12/17/2001
___~~__,_______.'.__n___.__._.^,,___,__________'____'__
26. Establish salary for Senior Deputy City Attorney position
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council
establish the salary for Senior Deputy City Attorney at Range 4568, $7,544-
$9,144/month; and that the Human Resources Departtnent be directed to update
Resolution No. 6413, Section Fourteen to reflect this particular action.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
27. Establish Athletic Field Maintenance Technician/Worker position - Parks,
Recreation & Community Services Department
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council
establish a new position of Athletic Field Maintenance Technician, Range 1361,
$2,687-$3,266/month; that the Human Resources Department be directed to
update Resolution No. 6413, Section Ten, and Resolution No. 97-244, to reflect
this particular action; and that the Director of Finance be directed to amend the
FY 2001-02 Baseball Stadium Expenditure Budget by $39,900 in salary and
benefits and a revenue increase in the Stadium fund in the amount of $44,700.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
28. Receive & file - audit of the City of San Bernardino's Economic
Development Agency's Contractual Relationship with Alvarez & Associates
- services through the Acquisition, Rehabilitation and Resale & Mortgage
Assistance Programs - dated October 2001 - by the Harvey M. Rose
Accountancy Corporation (Continued from December 3, 2001)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council receive
and file said audit report; and that the Economic Development Agency be
directed to implement the recommendations in the audit report.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
12
12/1712001
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 December 3, 2001)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council reject all
bids in response to RFQ No. F-01-64, and direct the Purchasing Manager to
readvertise for bids for this purchase.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
30. Public hearing - Development Code Amendment No. 01-05 - to expand the
permitted uses at the Carousel Mall (Continued from November 19, 2001)
An Ordinance of the City of San Bernardino amending Section 19.06.020 of
the San Bernardino Municipal Code (Development Code) to add permitted
uses in the CR-l, Commercial Regional-Malls land use district. FIRST
READING
Mayor Pro Tern/Acting Chairman Suarez opened the public hearing.
City Attorney Pemnan indicated that correspondence had been received from
Salvatore Catalano, General Manager of the Central City Company, dated
December 13, 2001, addressed to Valerie Ross, Principal Planner, requesting
the matter be continued to the Council's second meeting in January 2002.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to January 22,
2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Members/Commissioners Lien, McCammack.
31. Public hearing - General Plan Amendment No. 01-02 - to change the land
use designation from RMH, Residential Medium High, to CG-l,
Commercial General, for 5.28 acres located on the east side of Sterling
Avenue approximately 1,000 feet south of Highland Avenue
13
12/17/2001
RES. 2001-378 - Resolution of the City of San Bernardino adopting General
Plan Amendment No. 01-02 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designations from RMH,
Residential Medium High, to CG-l, Commercial General, for 5.28 acres
located on the east side of Sterling Avenue approximately 1,000 feet south of
Highland Avenue.
Mayor Pro TemlActing Chairman Suarez opened the public hearing.
Valerie Ross, City Planner, provided an overview of the project.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide truthful and honest testimony:
Bruce Cash, President of United Strategies, Inc., 1905 Business Center Drive,
San Bernardino, CA, stated that he concurred with the action of the Planning
Commission and looked forward to development of the property.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2001-378 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz,
Suarez, Anderson. Nays: None. Absent: Council Members/Commissioners
Lien, McCammack.
32. Authorization to join amicus curiae brief in support of the City of
Sacramento in the case of Kay Barnes v. Jeffrey Gorman
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the City Attorney to join in the amicus curiae brief in support of the
City of Sacramento in the case of Kay Barnes v. Jeffrey Gorman.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
None. Absent: Council Members/Commissioners Anderson, McCammack.
14
12/17/2001
33. Authorization to join amicus curiae brief in the case of Bonano v. Central
Contra Costa Transit Authority (CCCTA)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council
authorize the City Attorney to join in the amicus curiae brief in the case of
Bonano v. Central Contra Costa Transit Authority (CCCTA).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
34. An ordinance of the City of San Bernardino amending Title 6 of the San
Bernardino Municipal Code relating to animals. FIRST READING
City Attorney Penman encouraged the Council to give the ordinance its first
reading and consider making future amendments to the ordinance, since he felt
there would always be issues that would have to be addressed.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
35. Luncheon workshop - Management Information Center (MIC) - 12:00 noon
- presentation by Strategic Education Services, State representatives,
regarding legislative advocacy program
The workshop was for discussion purposes only. No action was taken.
Recess Meeting
At 1:36 p.m., Mayor/Chairman Valles recessed the luncheon workshop to 2 p.m. in the
Council Chambers of City Hall.
Note: The Mayor and Common Council and Community Development Commission
were in closed session from 2: 10 p.m. to 2:52 p.m.
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 2:55 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino Joint Powers Financing
15
12/17/2001
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; Senior Assistant City Attorney Carlyle; City Clerk Clark;
Economic Development Agency Special Counsel Sabo and Executive Director Van
Osdel. Absent: Council Member/Commissioner McCammack.
R36. RES. CDC/2001-57 - Resolution of the Community Development
Commission approving and authorizing execution of the Development
Agreement between the Redevelopment Agency and ANR Industries, Inc.
for the construction of six (6) new single-family homes within Neighborhood
Initiative Program (NIP) Target Areas #1 and #4.
Augustine Rodriguez, President of ANR Industries, and George Jordan, Vice
President of ANR, made a brief presentation to the Council outlining their
proposal.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC/2001-57 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member/Commissioner
McCammack.
R37. RES. CDC/2001-58 - Resolution of the Community Development
Commission of the City of San Bernardino approving an Amendment No. 1
to a property owner redevelopment agreement by and between the
Redevelopment Agency of the City of San Bernardino and Yellow Freight
System, Inc., an Indiana Corporation and authorizing the execution of said
amendment on behalf of the Redevelopment Agency of the City of San
Bernardino.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. CDCI2001-58 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member/Commissioner
McCammack.
16 12117/2001
R38. RES. CDC/2001-59 - Resolution of the Community Development
Commission of the City of San Bernardino referring certain properties to
the Inland Valley Development Agency for acquisition pursuant to that
certain 1999 Redevelopment Cooperation Agreement, dated July 12, 1999,
regarding the HUB Project and approving other actions in connection
therewith.
Gary Van Osdel, Economic Development Agency Executive Director, asked
that Cecelia Moreno, 1874 Tippecanoe, be added to the list of property owners
who have rejected the Agency's offer to purchase their property.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted, as amended.
Resolution No. CDC/2001-59 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member/Commissioner
McCammack.
39. Public Comments
Steven Figueroa, P.O. Box 3202, Victorville, CA, member of the Mexican
American Political Association (MAPA), requested that an investigation of the
Economic Development Agency be initiated due to the number of minority
business enterprises who are suing the City.
Marilyn Alcantar, 1495 Kingman, San Bernardino, CA, provided pictures of
the Omnitrans fueling station LNG tank, and indicated that another gas leak
occurred on November 19. Ms. Alcantar demanded that Omnitrans relocate the
fueling station and asked the City to take the first step. It was the consensus of
the Council that the City would draw up a resolution in support of moving the
facility.
Gina Martinez, 1363 Reece Street, San Bernardino, CA, addressed the issue
of the Omnitrans fueling station and its harmful gas leaks.
Jan Misquez, 355 S. Meridian, San Bernardino, CA, brought up the fact that
the Omnitrans facility had been operating prior to approval of their permit. She
stated that AQMD was enabling Omnitrans, and was not protecting the public.
Rachel Clark, City Clerk, speaking as a citizen, voiced her concern about the
noise from a concert held at the Orange Show over the weekend.
City Attorney Pemnan stated that the City was interested in meeting with the
Orange Show Board regarding the matter. He indicated that the City would
17 12/17/2001
look into whether the Municipal Code Noise Ordinance could be enforced
against the Orange Show and alSo whether some type of nuisance abatement
action could be brought against them in court.
S1. Set luncheon closed session for January 7, 2002 at 12 noon in the Economic
Development Agency Boardroom
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council set a
luncheon closed session on January 7, 2002 at 12 noon in the Economic
Development Agency Boardroom pursuant to Govermnent Code Section
54956.9(a) existing litigation for the following case:
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.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
40. Adjournment
At 3:47 p.m., the meeting adjourned to 9 a.m., Thursday, December 20,2001,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California, for closed session discussion.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 8 a.m., Monday, January 7, 2002, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
B~-tL ~;;
Linda Sutherland
Deputy City Clerk
No. of Items: 41
No. of Hours: 5
18
12/17/2001