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HomeMy WebLinkAbout05-20-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 20,2002 COUNCIL CHAMBERS This is the time and place set for a joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. Pursuant to Resolution No. 2002-65, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays in the months of May, June, and July, 2002, and shall continue each Mayor and Common Council meeting to 1:30 p.m. that same day. 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 Pro Tern McGinnis at 1:42 p.m., Monday, May 20,2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern McGinnis; Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Members/Commissioners Estrada, Lien. I. Closed Session Pursuant to Government Code Sections: A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; San Bernardino Hotel/Motel Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 264661; 1 5/20/2002 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; City of San Bernardino v. CYSA - South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Lavon Dwyer; San Bernardino Police Officers Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 082249; and Claim of Becky Padilla. Following closed session, City Attorney Penman announced that the following case had been discussed in closed session: Candice Dick v. City of San Bernardino, et al. - United States District Court, Central District of California, Case No. EDCV 02-00158-V AP (SGLx). 2 5/20/2002 Council Member/Commissioner Estrada Arrived At 1:53 p.m., Council Member/Commissioner Estrada 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 Dominique Chism of Ramona Alessandro School. City's Anniversary Celebration The Mayor Pro Tern and Council invited everyone to join them in the City Hall lobby for a cake cutting ceremony to celebrate the 192"' anniversary of the founding of our city. 2. Appointment - Michael M. Vasquez - Planning Commission - Council Member/Commissioner Suarez Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the appointment of Michael M. Vasquez to the Planning Commission, as requested by Council Member/Commissioner Suarez, be approved The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 3. Presentations A proclamation designating May 18-25, 2002 as St. Bernardine Week and May 22 as Day of Prayer for the City of San Bernardino was presented to Sister Marita Beumer of St. Bernadine's Church. A proclamation designating the month of Mayas Clean Air Month in the City of San Bernardino was presented to a representative from the American Lung Association. Council Member/Commissioner Anderson presented a commendation to Dustyn Robert Gene Wilson, who recently earned the rank of Eagle Scout. 3 5120/2002 Michelle Swalla, Shelly McNaul, and Jo Ann Webb from the San Bernardino Convention and Visitors Bureau announced that this year's Route 66 Rendezvous would be held September 19-22, displayed the picture to be used on the official Route 66 t-shirts, and presented official t-shirts to all elected City officials. Wallace Green, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Pro Tern McGinnis in recognition of their many years of dedicated service to the City: Name Martin Estacio Scott Gauley Jeffery Northup Billie Hayes Calvin Petty Jesus Sandoval Department Fire Fire Fire One Stop Career Center One Stop Career Center Parks, Recreation & Community Services Parks, Recreation & Community Services Police Daniel Ustation Jonathan Roberg Years of Service 15 15 15 5 5 5 20 5 Antonio "Tony" Lugo, Engineering Assistant lll, was awarded the Quarterly Customer Service A ward for the first quarter of 2002 in recognition of his extraordinary commitment to providing excellent customer service in the Public Works Division. 4. Announcements Announcements were made by the Mayor Pro Tern and Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and Chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, 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, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 4 5/20/2002 6. Council Minutes Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, 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: April 15, 2002; April 22, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 7. Claims & Payroll Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 9, 2002, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 8. Personnel Actions Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the personnel actions as submitted by the Chief Examiner dated May 14, 2002, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 9. RES. 2002-141 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an application for funds from the Urban Forestry Grant Program as provided through Proposition 12 funding. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 5 5/2012002 Resolution No. 2002-141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 10. Set dates & times - FY 2002/03 budget deliberations Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the following dates and times be established for FY 2002/03 budget deliberations in the EDA Board Room: Wednesday, June 5, 2002 at 3 p.m. Tuesday, June 11,2002 at 2 p.m. Wednesday, June 19,2002 at 2 p.m. Tuesday, June 25,2002 at 2 p.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 11. Budget transfer - temporary clerical staff - Council Office Council Member/Commissioner Suarez made a motion, seconded by Council Member Commissioner Anderson, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2001-2002 Council Office budget and transfer $1,800 from Account No. 001-021-50xx (Salary and Benefits Savings) to Account No. 001-021-5505 (Other Professional Services) to pay for temporary clerical staff that will be needed in May and June 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 12. RES 2002-142 - Resolntion of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of five project applications for the third funding cycle of the Safe Routes to School (SR2S) Program. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 6 5/20/2002 13. RES. 2002-143 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to EXP@NETS for the provision of repairs and maintenance to the City's NEC telephone systems services for the Facilities Management Department. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 14. RES. 2002-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to SK Telecon, Inc. for cable pull services for the City's NEC telephone systems for the Facilities Management Department for FY 2002/03. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 15. RES. 2002-138 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to increase the purchase order with Lawrence W. Rosine Co. for the installation of a moisture proof barrier at the San Bernardino Boys' and Girls' Club in the amount of $12,000.00. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-138 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 7 512012002 16. RES. 2002-139 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase order to Consolidated Electrical Distributors, for the purchase of electrical fIxtures, materials and supplies for City facilities. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 17. RES. 2002-145 - Resolution authorizing the Purchasing Manager to increase the annual purchase order to Kelly Paper for paper and printing supplies for the Print Shop. Council Member/Commission McCammack stated that she would abstain on this item since the vendor does business with her company. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001/02 Print Shop budget to increase appropriations to the expenditure budget (Account No. 621-123- 5111) by $15,000 and authorize a corresponding increase to the Print Shop Revenue Budget (Account No. 621-000-4897) by $15,000 for a net cost to the Print Shop Fund of zero. The motion carried and Resolution No. 2002-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Lien. 18. RES. 2002-146 - Resolution of the City of San Bernardino authorizing the execution of Amendment No. 12 to the Agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the Agreement for an additional one year period. Council Member/Commissioner Estrada stated that she would abstain on this item since Casa Ramona is her employer. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 8 5/20/2002 Resolution No. 2002-146 was adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCamrnack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: Council Member/Commissioner Lien. 19. RES. 2002-140 - Resolution of the Mayor and Common Council amending Resolution No. 2001-377, that awarded U.S. Armor the purchase order for ballistic vests, Threat Level II in the amount of $50,000, to allow for two single year options to the annual purchase order. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-140 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 20. RES. 2002-147 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to submit an application to accept the FY 02/03 Juvenile Accountability Incentive Block Grant (JAIBG). Submitted into the record was a memorandum dated May 20, 2002, from Captain Robert Curtis to Councilwoman Betty Dean Anderson regarding the Police Department's Asset Forfeiture Funds. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-147 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 21. Receive & fIle - Revised 2000-2001 Annual Audit Report for Water Department Water and Sewer Utilities Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council receive and file the Revised 2000-2001 Annual Audit Report for Water Department Water and Sewer Utilities. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 9 5/20/2002 22. Reclassify eight (8) positions - Community Services Officer I to Police Services Assistant - Police Department Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council reclassify eight (8) positions of Community Services Officer I, Range 1323, $2,223 - $2,702/month, to the position of Police Services Assistant; and that the Human Resources Department be directed to update Resolution 97-244 to reflect this particular action. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 23. An Ordinance of the City of San Bernardino amending Section 1.12.010 of the San Bernardino Municipal Code relating to recovering restitution in criminal prosecutions. FIRST READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 24. Public hearing - redistricting of Council ward boundaries (Continued from May 6, 2002) ORD. MC-1124 - An Ordinance of the City of San Bernardino which amends Chapter 1.16 of the San Bernardino Municipal Code to reestablish the boundaries of the seven wards of the City of San Bernardino. FINAL READING Mayor Pro Tern McGinnis opened the hearing. City Clerk Clark provided an overview of the redistricting process and activities thus far. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 10 5/20/2002 James T. Hall, 1688 Massachusetts Avenue, San Bernardino, CA, a member of the Northwest Redevelopment Project Area Committee (NWPAC) expressed concern that the proposed redistricting would adversely affect the NWPAC. Linda Hart, 1891 Lincoln, San Bernardino, CA, asked the following questions: 1. Was participation provided for owners, businesses and tenants in the Project Area and the Sixth Ward regarding redistricting changes? 2. Was appropriate action taken by the Mayor and Council to involve the NWPAC relative to the City's intentions to redistrict the ward and Project Area? 3. Were the residents, property owners and business owners of the Sixth Ward notified about the loss of participation in voting and holding a position on the NWPAC due to the redistricting? Timothy Patchen, 1515 Hancock Street, San Bernardino, CA, stated that he thought the proposed redistricting would break up some common interest neighborhoods, placing them across the street from each other, but in different wards. He did not believe the current proposal was in the best interests of the people on the west side of town. Walter Hawkins, 5822 Olive Avenue, Rialto, CA, representing the Wests ide Action Group and their coalition for redistricting, stated that their main concern is that there have been no discussions of the available options. Secondly, an area that is currently being shown in the First Ward needs to be moved into the Sixth Ward in order to meet the requirement for compact and contiguous boundaries. And thirdly, regardless of what plan is approved, there has been no discussion of whether there was any violation of distribution of nonwhite communities. Council Member/Commissioner Lien stated that since there was no tremendous pressure to approve this item tonight, she would not be opposed to continuing the matter for two weeks to allow the speakers to receive answers to their questions. City Attorney Penman advised that the only section of the Sixth Ward that was being removed was that area east of the freeway to "E" Street, and from 16th Street north to Highland Avenue. He pointed out that while members of the Northwest Redevelopment Project Area Committee can be drawn from anywhere in the Sixth Ward, none of the area specifically covered by the NWPAC is being removed from the Sixth Ward. 11 5120/2002 In response to Ms. Hart's questions, Mr. Penman answered that legally, the required notices were given for both Question Nos. I and 2. Relative to Question No.3, no one living in the excluded area east of the freeway was notified about the loss of being able to participate in voting on the Northwest Project Area Committee or holding a position on the committee; however, a legal notice was not required for this purpose. And, for those residents on the west side of the freeway it is irrelevant because no one on the west side lost the right to participate in voting or holding a position on the Northwest Redevelopment Project Area Committee. Mr. Penman stated that it was up to the Council whether they wanted to continue the item or not-that there was no legal reason they could not vote on the matter tonight; conversely, there was no legal reason to prevent the Council from continuing the item. Council Member/Commissioner Estrada stated that she was not prepared to give up the area referred to by Mr. Hawkins. Although she understood the concerns expressed by the speakers, she felt that if the redistricting proposal was continued, the process could go on indefinitely. Council Member Lien made a motion that the matter be continued for two weeks so that the issues raised by the Wests ide Action Group could be addressed by staff and the City Attorney's Office. (Note: The motion was seconded and voted on following discussion.) City Attorney Penman stated that his office would be pleased to cooperate with Ms. Lien's motion; however, these are legal questions which would be addressed by the City Attorney's Office (as opposed to other staff), and their response would be to state what the law is in terms of the notices, etc. The Council discussed the merits of continuing the matter for another two weeks. Council Member/Commissioner Anderson seconded the motion. The motion to continue for two weeks failed by the following vote: Ayes: Council Members/Commissioners Lien, Anderson, McCammack. Nays: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez. Absent: None. 12 5/20/2002 Mr. Hawkins ascertained that the Northwest Redevelopment Project Area Committee had issues separate from those of the Westside Action Group. He stated that there was no discussion about racial distribution-that whatever plan the Council adopts, they needed to go through the legal requirements of compactness, communities of interest, and how one plan looks under Section 2 versus another plan. Mr. Hawkins submitted a document dated May 19, 2002, which listed four areas of concern, as follows: . Create wards that adhere to the "one person, one vote" requirement . Create wards that are compact and contiguous . Create wards that address issues related to various communities of interests . Create wards that address Section 2 Senior Assistant City Attorney Carlyle spoke regarding the extent to which the City can address race or color in the redistricting process, based on the most recent Supreme Court decisions on that issue. He advised that recent United States Supreme Court cases have, to a large extent, minimized Section 2 of the 1965 Civil Rights Voting Act. Mr. Carlyle pointed out that in the past, the law mandated that race be considered as part of the redistricting process; however, recent cases have indicated that race cannot be a main or predominant factor in that regard. City Attorney Penman stated he had empathy for the concerns of the Westside Action Group; however, his office and the Mayor and Council are bound by law, and if any more than minimal consideration is given to factors which 20 years ago you would have been required to base your decision on, the City would be subject to a challenge and overturned in court. Mr. Hawkins reiterated his position and concerns regarding this matter. He noted that the Wests ide Action Group wrote a letter to the City Attorney's office long before the redistricting process had started, saying that they would like to work with the City and participate in the process, as they have in the past. They never received a response to their letter, and they want to be sure that the four items noted above are considered. Mr. Penman read Section 2 of the Voting Rights Act of 1965 into the record, as follows: "No voting qualification or prerequisite to voting or standard practice or procedure shall be imposed or applied by any state or political subdivision (which would include the City) to deny or abridge the right of any citizen of the United States to vote on account of race or color." 13 5/20/2002 Relative to the correspondence from the Westside Action Group dated May 19, 2002, Mr. Penman stated that he had reviewed the letter and the four requirements as noted. He believed the wards as recommended by staff met the first requirement relative to "one person, one vote." Regarding requirement No.2, wards that are compact and contiguous-Mr. Penman stated that people can look at the map and judge for themselves. Relative to requirement No.3, issues related to various communities of interest-Mr. Penman stated that this was discussed and the Council members were involved in that process, as was the public who came to the public meetings and made comments. And finally, regarding item No.4, address Section 2 requirements-Mr. Penman saw nothing in the process or documents that in any way denies or abridges the right of any citizen of the United States to vote on account of race or color. In summation, Mr. Penman noted that there would be no legal prejudice to the Council continuing the matter if that is what they wanted to do; likewise, if they passed it as it now stands, he believed it would withstand a challenge. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; and that said ordinance be adopted. The motion carried and Ordinance No. MC-1I24 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarmnack. Nays: None. Absent: None. 25. Amend Authorization to Proceed - proposed vacation of portions of Piedmont Drive, north of Marshall Boulevard; Marshall Boulevard, between Blythe Street and Victoria Avenue; and Victoria Avenue, north of Piedmont Drive - approve Plan No. 10122A (Continued from May 6, 2002) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Development Services and the City Clerk be authorized to proceed with the amended vacation of portions of Piedmont Drive, north of Marshall Boulevard; Marshall Boulevard, between Blythe Street and Victoria Avenue; and Victoria Avenue, north of Piedmont Drive; and that Plan No. 10122A showing the proposed amended vacation of portions of Piedmont Drive, north of Marshall Boulevard; Marshall Boulevard, between Blythe Street and Victoria A venue; and Victoria A venue, north of Piedmont Drive, be approved. 14 5/20/2002 The motion carried by the following vote; Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase orders to Matich Corporation and Vulcan Materials/Cal Mat Division to supply materials for roadway pavement repairs. (Continued from May 6, 2002) Council Member/Commissioner Estrada stated she would abstain on this item due to the fact that Mr. Matich has contributed to her campaign. City Attorney Penman advised that he had asked Special Counsel Sabo to review this item since Mr. Matich has chaired his finance committee. City Administrator Wilson stated that staff would like to go back and revisit this item and possibly back out the Arrowhead A venue project for the time being, until after the County Courthouse renovation is completed. He added that Mayor Valles had indicated that she would like to look at a portion of "E" Street from downtown to the stadium. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of June 17, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarmnack. Nays: None. Absent: None. 27. Public hearing - Development Code Amendment to clarify defmitions of hotels and motels and to establish Extended Lodging facilities - Conditional Use Permit No. 01-03 to establish an Extended Lodging Facility - Tentative Parcel Map to subdivide one parcel into two parcels (Continued from May 6, 2002) An Ordinance of the City of San Bernardino amending Section 19.02.050 (Definitions) and Chapter 19.06 (Commercial Districts) Section 19.06.020, Table 06.01 (permitted Uses), Table 06.03 (Specific Standards), and Section 19.06.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for hotels, motels, and extended lodging facilities. FIRST READING The hearing remained open. 15 5/20/2002 City Planner Valerie Ross provided background information on the proposed project, noting that the matter had basically been continued so that staff and the applicant could develop provisions for stays longer than 30 days. She advised that those provisions were included in Attachment I, Item 12, of the ordinance. She also noted that the Conditions of Approval had been modified and were included in the backup materials as Attachment C. Ms. Ross stated that since the site was previously a landfill, extensive studies were prepared to address the closure activities of the site. Also, the site is located in what was proposed as the San Bernardino kangaroo rat habitat area; and since March 18, the critical habitat area has been finalized and the decision published. She advised that the Mayor and Council had been given the comments and responses portion of the initial study to assure them that the k -rat issue had been addressed. Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Mark Ostoich, 600 North Arrowhead Avenue, San Bernardino, CA, legal counsel for the applicant, stated that they were in agreement with the conditions outlined by Ms. Ross, having come to a mutually acceptable resolution of all outstanding issues. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Lien, that the hearing be closed; and that the Mayor and Common Council: 1) Adopt the Negative Declaration for Development Code Amendment No. 01-02; 2) Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03; 3) Approve Development Code Amendment No. 01-02 based on the Findings of Fact contained in the Planning Commission Staff Report dated February 19, 2002, and that said ordinance be laid over for final adoption; and 4) Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in the Planning Commission Staff Report dated February 19, 2002, and subject to the Conditions of Approval (as modified) and Standard Requirements. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16 5/20/2002 28. Resolution of the Mayor and Common Council of the City of San Bernardino awarding Heisler Landscape and General Engineering & Dave Bang Associates, Inc. a purchase order for the installation of playground equipment and surfacing at (11) park locations in accordance with Bid Specifications F-02-035, Anne Sbirrells Park, Nicholson Park, Hudson Park, Meadowbrook (Kerwin) Fields, Speicher Park, Nunez Park, Mill Center Park, Lytle Creek Park, Encanto Park, Newberry Park, and Tom Gould Park. City Attorney Penman stated that staff was recommending that all bids be rejected and the item be re-bid as a public projects contract. Richard Messer, 2548 Winston Court, San Bernardino, CA, Third Ward appointee to the Parks and Recreation Commission, provided an explanation of the methodology used by the committee to award this contract. Eric Huber, 2552 Via del Rey, San Juan Capistrano, CA, stated they were the selected contractor for this project and wanted to thank the Parks and Recreation Department and the selection committee for their diligent selection process. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council reject all bids and re-bid the project as a public projects contract. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. Council Member/Commissioner Lien Arrived At 5:25 p.m., Council Member/Commissioner Lien arrived at the Council/Commission meeting. 29. Workshop - discuss Pavement Management System & Sewer Master Plan- 5 p.m. - Economic Development Agency Boardroom James Funk, Director of Development Services, advised that with regard to the Sewer Master Plan, the presentation would show the technical studies and strategies used to prepare the Sewer Master Plan for the City of San Bernardino. He stated that bottom line, the City needs to reconstruct about $10 million in sewer improvements over the next five years to handle existing and near-term future volumes and development. However, the good news is that the City has about $4 million for new construction and $4 million for current maintenance needs. 17 5/20/2002 Mr. Funk noted that it will cost about $18 million per year just to maintain the current quality of the existing roadways. The bad news is that the City has only about $3 million per year available for street maintenance, and this isn't likely to change in the near future. Mr. Funk stated that currently, 53 percent of our streets are in need of some type of pavement maintenance application. This is why we need to apply a wide range of roadway maintenance techniques, not merely to maintain the status quo condition of our streets; but rather, under our current fmancial limitations, to reduce the rate of decay and deterioration utilizing whatever resources that are available. Ray Casey, Deputy Director/City Engineer, Development Services, noted that the Council had commissioned that both a Pavement Management System and a Sewer Master Plan be prepared and adopted, and the process began 8-9 months ago. He stated that Mr. John Thornton of Psomas and Mr. James Hallman of Santec, who are experts in their fields, were here to discuss with the Council how the City will best meet the objectives and maximize the return on the City's infrastructure investment. John R. Thornton, Psomas, Sewer Collection Consultant, provided a Power Point overview of the Sewer Master Plan and Capital Improvement Program, and copies of the presentation were distributed as backup. He indicated that the federal government has a program call CMON (Capacity Assurance, Management, Operation and Maintenance Program), which essentially dictates a system evaluation and capacity assurance plan, and this Sewer Master Plan will meet part of that requirement. Mr. Thornton advised that it has been determined that over 40,000 feet of City sewer (I. 7 percent of the total lineal feet of existing sewer lines) have been found to be deficient in sewer capacity, and the estimated capital cost at today's dollar to mitigate that is approximately $10 million. Lynn Merrill, Director of Public Services, stated that this year the City has identified problem locations within the system and corrected those areas where there are recurring issues. He stated that one of the issues in an older city such as San Bernardino, is the past installation of greenwood pipe, which is a cardboard, clay-type pipe that deteriorates with age. Another major issue in the city is the intrusion of roots into the sewer laterals; however, the property owners are responsible for the maintenance of the laterals. Mr. Funk pointed out that this is really a joint proposal wherein Development Services and Public Services have worked together relative to the sewers and the problem of pavement management, since the departments working together can be much more effective in spreading the limited funds to maximum benefit of the community. 18 5/20/2002 Xavier Leon, Street Superintendent, advised that this year his staff has basically identified all the problems in the sewer system that they could repair. It was a change in strategy from doing contract maintenance to actually fixing the problem and then continuing with City maintenance. In an effort to reduce claims to the City, they have identified 11 or 12 of these areas, and this tactic has been quite successful. James R. Hallman, Santec, Pavement Management Consultant, provided a PowerPoint review of the Pavement Management Application, which is a process of providing better information to support more informed decisions; and copies of the presentation were distributed as backup. Mr. Hallman noted that pavement is one of our biggest assets-that San Bernardino has over 143,000,000 square feet of pavements for an asset value in excess of $795,000,000. He stated that pavements are usually designed for a 20-30 year life, and on this basis, the City consumes $26,000,000 of this asset value annually. It was noted that loading, or overload, is a significant factor in the deterioration of streets, and that many of the City's streets were designed for more vehicle travel than truck travel. However, although cities can no longer control the streets that trucks will utilize, they can control the problem to some extent by controlling where a city's industrial areas are located. Mr. Funk noted that a lot of damage is caused by other entities who trench the roadways, such as Edison, telephone companies, cable companies, and water and sewer entities. He stated that down the road we may want to look at a charge for the trenching and the damage that it can incur to the long-term resource we are trying to protect. Something else to be considered would be a 3-5 year moratorium on trenching of newly constructed roads. Mr. Casey advised that staff is working on a draft utility policy and some of the issues such as graduated fees, moratoriums, etc. are being considered for overall pavement management strategies. He stated that staff is also working closely with the Water Department, Southern California Edison, and the Southern California Gas Company in a cooperative effort to accomplish pavement rehabilitation. Following additional discussion, the workshop ended with no official action being taken. Recess Meeting At 6:56 p.m., Mayor Pro Tem McGinnis recessed the meeting to 7 p.m. in the Council Chambers of City Hall. 19 5/20/2002 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 7:07 p.m., Mayor Pro Tem McGinnis advised that there were no Community Development Commission or Joint Powers items to be considered. Following roll call, the Mayor and Council proceeded with the public hearing items scheduled for 7 p.m. (See pages 10-14 for public hearing on Item No. 24 and pages 15-16 for public hearing on Item No. 27.) Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem McGinnis; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles. 30. Public Comments There were no public comments. 31. Adjournment The meeting adjourned at 8:25 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, June 3, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: t-j,~ e ~~ Linda E. Hartzel Deputy City Clerk No. of Items: 31 No. of Hours: 7 20 5/20/2002