HomeMy WebLinkAbout07-01-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 1, 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 during 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/Chairman Valles
at 1:36 p.m., Monday, July I, 2002, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: None.
I. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United States District Court
Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCV 252058;
San Bernardino Hotel/Motel Association v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCV 46722;
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation,
Case No. RS 02-18493MG;
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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 (h) (I), (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 Governnlent Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Ed Raya, Director of Human Resources
Employee Organiation:
Mid-Management - San Bernardino City Public Employees' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
I. Property Address:
Negotiating Parties:
Under Negotiation:
2. Property Address:
Negotiating Parties:
Under Negotiation:
425 East Hospitality Lane
Gary Van Osdel on behalf of the
Redevelopment Agency and Matthew L. Wilson
on behalf of Rancon Realty Fund
Purchase terms & conditions
0281-083 13, 14, 15, 16, 17, 18,20 and
0281-091-39
Gary Van Osdel on
Redevelopment Agency and
CA Limited Liability Co.
behalf of the
Jaks, L.L.c., A
Purchase terms & conditions
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Mr. Penman announced that the following cases would be discussed in closed
session under lA, Conference with legal counsel, existing litigation, pursuant to
Government Code Section 54956.9(a):
Interinsurance Exchange of the Automobile Club v. City of San Bernardino,
San Bernardino Superior Court Case No. SCISS 08972;
Josie Sedano, et al. v. Donarte Cadang IIlacas, et aI., San Bernardino Superior
Court Case No. SCVSS 080663;
Linda Howell, Janice Howell, Michael Stewart, Gina Stewart, and Derrick
Howell v. City of San Bernardino, Ronald Good, Donald Day, Ralph
Romero, American Medical Response Co. & Does I-50 - San Bernardino
Superior Court Case No. SCVSS 076887;
Adrian Eugene Moore v. City of San Bernardino, San Bernardino Police
Department and officers Ernesto Antillon, Doug Brennan, Mike Golubic, Sgt.
Schwenka, Bustamante, Quiroz and Chief of Police - United States District
Court Case No. CV 01-03064 DDP (RZ).
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 Reverend Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Mayor/Chairman Valles.
Moment of Silence
Mayor/Chairman Valles requested that a moment of silence be observed in memory of
Marcia Brown, community volunteer and wife of School Board member Marlin Brown.
2. Appointment - Terry Moffit - Community Television Commission - Council
Member McGinnis
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Terry Moffit to the
Community Television Commission, as requested by Council Member McGinnis, be
approved.
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
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3. Presentations
The quarterly Mayor's Neighborhood Pride Award was presented to Luis Franco in
recognition of his outstanding care and maintenance of his yard on Parkdale Drive in
the Seventh Ward.
Shirley Duma, Center for Civic Partnerships, presented certificates of recognition to
several City representatives, departments, and local entities, on behalf of California
Healthy Cities and Communities, for their many contributions to the program.
Council Member/Commissioner Anderson presented an award to Eric Felix Olguin,
student at Ramona Allesandro Elementary School, for having a perfect attendance
record from kindergarten through the fifth grade.
Fire Chief Larry Pitzer addressed fireworks safety. He stated that all illegal
fireworks discharged anywhere within the City will be confiscated and anyone
caught will be issued a fine. He stated that all fireworks that are discharged in the
hazardous fire areas will also be confiscated and anyone caught will be issued a
citation, which will include a $1000 fine and up to six months in jail. Chief Pitzer
asked that if any residents in the hazardous fire area observe any fireworks activity
they should contact the Fire Department at 384-5777.
4. Announcements
Announcements were made by Mayor Valles, members of the Common Council,
elected officials, and the Chamber of Commerce regarding various civic,
community, and chamber events/activities. Fred Wilson, City Administrator,
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 McGinnis, 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, Derry, Suarez, Anderson, McCarmnack. Nays: None.
Absent: None.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meeting of the
Mayor and Common Council of the City of San Bernardino, be approved as
submitted in typewritten form: June 11, 2002.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarmnack. Nays: None.
Absent: None.
7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated June 25, 2002 from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions as submitted by the
Chief Examiner dated June 24, 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, Lien, McGinnis, Derry, Suarez, Anderson, McCarmnack. Nays: None.
Absent: None.
9. RES. 2002-177 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an agreement to accept a vehicle
donation from the City of Fontana.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-177 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCarmnack. Nays: None. Absent: None.
10. RES. 2002-178 - Resolution of the City of San Bernardino authorizing
submission of an amended City of San Bernardino Deferred Compensation Plan
in accordance with the Federal Government's "Economic Growth and Tax
Relief Reconciliation Act of 2001."
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
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Resolution No. 2002-178 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
II. RES. 2002-179 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Lewis, D' Amato, Brisbois & Bisgaard and the City of San Bernardino
to represent the City in the CYSA South San Bernardino Soccer Foundation
Bankruptcy, Case Number RS 02-18493-MG.
,
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-179 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2002-216 - Resolution of the City of Sail Bernardino authorizing execution
of a services agreement in the amount of $488,000 with Los Padrinos, Youth
Services Inc. a non-profit organization, for Fiscal Year 2002-2003.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-216 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the submittal and combined $60,500 local match requirement of two
grant applications for the Environmental Justice: Context-Sensitive Planning for
Communities Program.
Council Member/Commissioner Lieu indicated that she did not support the
application as it was written and asked if she could be given the opportunity to
present her ideas to the committee.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that the grant application be referred to the
Council Grant Application Committee, and that the matter be continued to July 15,
2002.
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
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14. RES. 2002-180 - Resolution of the City of San Bernardino determining the
amount of property tax revenues to be exchanged between and among the City
of San Bernardino and the City of Highland resulting from the jurisdictional
change described by LAFCO 2890 for the area generally along Third Street,
east of Tippecanoe Avenue.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-180 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCarmnack. Nays: None. Absent: None.
15. RES. 2002-181 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to DBX, Inc., for installation of traffic
signal at Pacific Street and Perris Hill Park Road, Plan No. 10407.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-181 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCarmnack. Nays: None. Absent: None.
16. RES. 2002-182 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to VCI Telcom, Inc. for ADA access
ramps, bus pads, and sidewalks (TDA Project) at various locations, per Plan
No. 10412.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-182 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCarmnack. Nays: None. Absent: None.
17. Resolutions of the City of San Bernardino approving the 2002/2003 Assessment
Rolls - various assessment districts
RES. 2002-183 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2,
Landscaping Construction and Maintenance District, Wagonwheel Road area.
(17A)
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RES. 2002-184 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2,
Zone 2A, and Zone 3, Landscaping Construction and Maintenance District,
State University area. (17B)
RES. 2002-185 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16'" Street and Medical Center Drive area. (17C)
RES. 2002-186 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 956, Landscaping
Maintenance District, Carnegie Drive area. (17D)
RES. 2002-187 - Resolution of the City of San Bernardino
2002/2003 Assessment Roll for Assessment District No.
Landscaping Maintenance, Shandin Hills area.
confirming the
959, Zone 1,
(17E)
RES. 2002-188 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 962, Sewer Lift Station
Maintenance District, Pine Avenue area. (17F)
RES. 2002-189 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 963, Sewer Lift Station
Maintenance District, Allen Street area. (17G)
RES. 2002-190 - Resolution of the City of
2002/2003 Assessment Roll for Assessment
,
Maintenance District, Airport Drive.
San Bernardino confirming the
District No. 968, Landscaping
(17H)
RES. 2002-191 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (171)
RES. 2002-192 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 975, Landscaping
Maintenance District, Pepper Avenue and Mill Street area. (17J)
RES. 2002-193 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue area. (17K)
RES. 2002-194 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 981, Landscaping
Maintenance District, Meridian Avenue and Randall Avenue area. (17L)
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RES. 2002-195 - Resolution of the City of
2002/2003 Assessment Roll for Assessment
Maintenance District, Piedmont Drive area.
San Bernardino confirming the
District No. 982, Landscaping
(17M)
RES. 2002-196 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 986, Landscaping
Maintenance District, Rialto Avenue and Macy Street area. (17N)
RES. 2002-197 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 989, Sewer Lift Station
and Landscaping Maintenance District, Mill Street and Macy Street area.
(170)
RES. 2002-198 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 991, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue area. (17P)
RES. 2002-199 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street area. (17Q)
RES. 2002-200 - Resolution of the City of
2002/2003 Assessment Roll for Assessment
Maintenance District, Chestnut A venue area.
San Bernardino confirming the
District No. 997, Landscaping
(17R)
RES. 2002-201 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1001, Landscaping
Maintenance District, Pennsylvania Avenue and Birch Street area. (17S)
RES. 2002-202 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1002, Landscaping
Maintenance District, "H" Street area. (17T)
RES. 2002-203 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1005, Landscaping
Maintenance District, Cajon Boulevard and Pepper Linden Avenue area.
(17V)
RES. 2002-204 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1007, Landscaping
Maintenance District, Pepper Avenue and Randall Avenue area. (17V)
RES. 2002-205 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1012, Landscaping
Maintenance District, Mill Street and Burney Street area. (17W)
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RES. 2002-206 - Resolution of the City of San Bernardino confIrming the
2002/2003 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street area. (17X)
RES. 2002-207 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Kendall Avenue and Pine Avenue area. (17Y)
RES. 2002-208 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1018, Northpark and
Mountain Acquisition Assessment District. (17Z)
RES. 2002-209 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive area.
(17AA)
RES. 2002-210 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1020, Landscaping
Maintenance District, Mill and Dallas area. (17BB)
RES. 2002-211 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm and Coulston area. (17CC)
RES. 2002-212 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center and Riverwalk
area. (17DD)
RES. 2002-213 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Palm and Washington area. (17EE)
RES. 2002-214 - Resolution of the City of San Bernardino confirming the
2002/2003 Assessment Roll for Assessment District No. 1027, Landscaping
Maintenance District, Waterman and Washington area. (17FF)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions A-Z and AA-FF, be
adopted.
Resolution Nos. 2002-183 through 2002-214 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCarmnack. Nays: None. Absent: None.
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18. RES. 2002-217 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with DC Electronics
Two, Inc. for the installation of an integrated security management system at
City Hall in the amount of $51,108.30.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-217 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCarmnack. Nays: None. Absent: None.
19. RES. 2002-218 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with Arrow Power
Sweeping, Inc. for provisions of parking lot sweeping services for the Carousel
Mall and the five-level parking structure in the amount of $59,000.00.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-218 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. RES. 2002-219 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with Inland Acoustics,
Inc. for the ADA remodel of the 5th floor rest rooms at City Hall in the amount
of $38,335.00.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-219 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2002-220 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with Inland Acoustics,
Inc. for remodeling the ceiling system in the City Hall lobby in the amount of
$36,780.00.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-220 was adopted by the following vote: Ayes:
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
McCammack. Nays: None. Absent: None.
Council
Anderson,
22. RES. 2002-215 - Resolution of the City of San Bernardino amending Resolution
No. 6413, Sections Twelve and Fourteen, entitled in part, "A Resolution ...
establishing a basic compensation plan ..." by updating information codifying
prior Council action <Management/Confidential and Unclassified).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-215 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. RES. 2002-221 - Resolution awarding purchase orders for landscape and
irrigation maintenance services to Azteca Landscape for Seccombe Lake and
Arrowhead Credit Union Park, Service Scape for north site facilities and central
facilities, and R.P. Landscape for downtown facilities, parking lots, Carousel
Mall, library facilities, and south site facilities for a period of twelve (12)
months in accordance with Bid Specification F02-53.
Council Member/Commissioner McCammack stated that her concern was that she
hoped current and/or previous vendors would be required to take care of any
deteriorated areas before the City enters into the contract.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted, with the
stipulation that the landscaping contractors are notified of existing problem areas
prior to being awarded the contract.
Resolution No. 2002-221 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2002-222 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the issuance of a purchase order to W. Wood and
Associates for turf management and field restoration at the San Bernardino
Soccer Complex.
Council Member/Commissioner McCammack wanted the public to know that the
funds had already been dedicated for additional parking; however, the Mayor and
Council felt it was more important to restore the fields.
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Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Director of Finance be authorized to carryover $48,000 from the Parks FY 2001-02
budget in Account No. 001-382-5111 to Parks FY 2002-03 budget in Account Nos.
001-382-5506 and 001-382-5111.
The motion carried and Resolution No. 2002-222 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
25. Ordinance of the City of San Bernardino amending Chapter 3.13 of the San
Bernardino Municipal Code relating to waiver or refund of fees for charitable
organizations. FIRST READING
Note: No ordinance was submitted with the backup material.
City Attorney Penman requested that the matter be referred back to the Ways and
Means Committee.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that the matter be referred back to the Ways and
Means Committee.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
26. Legislative Task Force update
Council Member/Commissioner Lien stated that she distributed the report to the
Council and asked them to read it at their leisure. No action was taken.
27. RES. 2002-223 - Resolution of the Mayor and Common Council of the City of
San Bernardino rescinding Resolution No. 2002-176 and authorizing the
execution of a lease agreement between the City and TVG Enterprises, LLC for
rental of space for the City of San Bernardino, Cultural & International Affairs
Office, Arts on 5'h Multicultural Center.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-223 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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Recess Meeting
At 4:51 p.m., Mayor/Chairman Valles recessed the meeting to 7 p.m. m the Council
Chambers of City Hall.
28. Public bearing - Development Code Amendment No. 02-01 - to delete the term
"transient basis"
An Ordinance of the City of San Bernardino amending Section 19.02.050
(Definitions) and Section V, Index, of the San Bernardino Municipal Code
(Development Code) to delete the term "transient basis". FIRST READING
Mayor/Chairman Valles opened the hearing.
City Planner Valerie Ross stated that this was an amendment to remove the term
"transient basis" from the Development Code.
No public comments were received.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Lien, that the hearing be closed; and that said ordinance be
laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
29. Appeal Hearing - Appeal of Planning Commission denial of Conditional Use
Permit No. 02-04 - to upgrade an ABC Type 20 to a Type 21 liquor license -
Budget King Meat Market - 1150 West Baseline Street
Mayor/Chairman Valles opened the hearing.
City Planner Valerie Ross provided highlights of the staff report.
Correspondence in opposition to the Conditional Use Permit received from Robert
Hampton, President of the Northwest Redevelopment Project Area Committee, dated
July I, 2002, and from the San Bernardino Ice Cream Company, dated June 25,
2002, was submitted into the record.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
James T. Hall, member of the Northwest Redevelopment Project Area Committee
(NWPAC), 1688 Massachusetts Avenue, San Bernardino, CA, stated that NWPAC
members do not see any justification for overriding the Planning Commission's
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denial of the Conditional Use Permit. He stated that according to Alcohol Beverage
Control there were already too many Type 21 Licenses in the area.
Stephen A. Madoni, Skousen & Skousen, 600 N. Arrowhead Avenue, Suite 212,
San Bernardino, CA, attorney representing Budget King Market, stated that the
intent was to close one liquor store and transfer that liquor license to the Budget
King Meat Market. He stated that the liquor store across the street would be
converted into a facility to be used by a church for a small child's facility. Mr.
Madoni stated that no new liquor license would be issued and there would be no
increased places to sell liquor.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor
and Common Council deny the appeal and uphold the Planning Commission's denial
of Conditional Use Permit No. 02-04, based upon the Findings of Fact for Budget
King Meat Market located at 1150 West Baseline Street.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, 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 7:12 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common Council.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles, Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development
Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None.
R30. Public hearing formation of Project Area Committee
Redevelopment Project Area
Uptown
RES. 2002-224 - A Resolution of the Mayor and Common Council of the City of
San Bernardino adopting procedures for the formation and election of a Project
Area Committee for the proposed adoption of the Amendment of the
Redevelopment Plan for the Uptown Redevelopment Project Area and calling
for the formation of a Project Area Committee.
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Council Member/Commissioner McCammack stated that she would be abstaining on
this item due to the fact that her property is located within the subject project area.
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Executive Director, Economic Development Agency, reviewed
highlights of the staff report.
Council Member/Commissioner Lien stated that there were more businesses located
in Sub-area A.
City Attorney Penman stated that they could split the business owner category
placing 2 in Sub-area A and 2 in Sub-area B.
Council Member/Commissioner Lien stated that Sub-area B encompasses more than
half of the Uptown Project Area and she indicated that she would feel more
comfortable if it were split 3 and I. Ms. Lien stated that the Project Area
Committee could have great benefit to the revitalization of Baseline and Highland
A venue in terms of having a formal Project Area Committee as two very active
business associations cover those two particular streets.
City Attorney Penman suggested adding two more business owners with 4 in Sub-
area A and 2 in Sub-area B.
No public comments were received.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; that said resolution be
adopted; and that the number of business owners be increased from 4 to 6 (4 in Sub-
area A, and 2 in Sub-area B), for a total of II members.
The motion carried and Resolution No. 2002-224 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None.
R31. Uptown Redevelopment Project Area Plan Amendment - eminent domain
Council Member/Commissioner McCammack stated that she would be abstaining on
this item due to the fact that her property is located within the subject project area.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Community Development Commission
receive and file the Schedule of Actions for the Eminent Domain Amendment to the
Uptown Project Area Redevelopment Plan, dated June 17, 2002.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions:
Council Member/Commissioner McCammack. Absent: None.
R32. State College Redevelopment Project Area Plan Amendment - eminent domain
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Community Development Commission
receive and file the Schedule of Actions for the Eminent Domain Amendment to the
State College Project Area Redevelopment Plan. dated June 17, 2002.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
R33. Neighborhood Initiative Grant Program (NIP) Target Area #1
RES. CDC/2002-23 - Resolution of the Community Development Commission
(1) approving the acceptance of a $300,000 grant from the County of San
Bernardino Neighborhood Initiative Program (NIP) Grant Fund; and 2)
authorizing the Executive Director of the Agency ("Agency") to execute an
agreement between the Redevelopment Agency and the City of San Bernardino
("City"), in the amount of $300,000 for the provision of infrastructure
improvements in Neighborhood Initiative Program Target Area #1. (R33A)
RES. 2002-225 - Resolution of the Mayor and Common Council approving and
authorizing the Mayor, or her designee to execute the agreement between the
City of San Bernardino ("City") and the Redevelopment Agency of the City of
San Bernardino ("Agency") for the provision of certain infrastructure
improvements in Neighborhood Initiative Program Target Area #1. (R33B)
Maggie Pacheco, Director of Housing and Community Development, Economic
Development Agency, requested authorization to reimburse the City for its
expenditures, if necessary, to Public Services Department Account No. 001-406-
5111.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A & B, be adopted; and
that any necessary budget amendments be authorized to the Public Services
Department, Acct. No. 001-406-5111.
The motion carried and Community Development Commission Resolution No.
CDC/2002-23 and Mayor and Common Council Resolution No. 2002-225 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
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R34. RES. CDC/2002-24 - Resolution of the Community Development Commission of
the City of San Bernardino approving and authorizing the Executive Director,
or its designee, to execute the Community Redevelopment Affordable and
Transitional Housing Agreement by and between the Redevelopment Agency
and New House, Inc. regarding the property located at 2080 North Pershing
Avenue, San Bernardino, California.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2002-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. Public Comments
Darrell Hess, 2389 Palo Alto Way, Running Springs, CA, stated that he believes
Firefighter Steven Shaw has in his possession historical artifacts belonging to the
Fire Department, and it is his desire that they be returned to the rightful owners.
Mayor/Chairman Valles stated that Firefighter Shaw has made the City aware of the
property that he has in his possession and of his desire that the City create a Fire
Museum where these relics would be stored.
Rick Avila, Avila Construction, 4022 N. "F" Street, San Bernardino, CA, made
comments regarding his lawsuit at the Norton Air Force Base.
John Avila, 3524 Genevieve, San Bernardino, CA, stated that he felt the City was
harassing A vila Construction.
S 1. An Ordinance of the City of San Bernardino repealing Chapter 3.54 of the San
Bernardino Municipal Code and adding Chapter 3.55 to the San Bernardino
Municipal Code relating to Transient Lodging Tax. FIRST READING
Senior Assistant City Attorney Simmons indicated that a correction needed to be
made to the Ordinance on the bottom of page 5, the last sentence should be item
number I, and the items numbered 1 through 4 on the top of page 6, should be
changed to items 2 through 5.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance, as amended, be laid over for
final adoption.
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes Council Members/Commissioners
Anderson, McCammack. Nays: None.
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NBI. Transportation of Nuclear Waste on San Bernardino County Freeways and Rail
Lines to the Yucca Mountain Waste Site
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that the matter of the transportation of nuclear
waste arose subsequent to the posting of the agenda.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
Council Member/Commissioner Lien requested that the Council approve and
forward letters regarding the transportation of nuclear waste to Senators Daschle and
Lott.
Council Member/Commissioner Estrada stated that it might be beneficial if
neighboring cities supported similar letters.
John Stevens, resident of San Bernardino, stated that it appears that everything is
being sent through San Bernardino and with terrorism being such a concern, the City
needs to be prepared.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council approve
and forward letters to Senator Tom Daschle and Senator Trent Lott requesting that
further action relative to the storage of nuclear waste be delayed until the City's
concerns regarding its safe transportation are addressed.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
36. Adjournment
The Council/Commission meeting adjourned at 7:48 p.m. The next joint regular
meeting of the Mayor and Common Council and Community Development
Commission is scheduled for 8 a.m., Monday, July 15, 2002, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino.
RACHEL G. CLARK
City Clerk
\~I~
B~ .~:
l Linda Sutherland
Deputy City Clerk
No. of Items: 38
No. of Hours: 4
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