HomeMy WebLinkAbout10-21-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 21,2002
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. 2002-228, 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
October, November and December, 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 1:33 p.m., Monday, October 21, 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, McGinnis, Derry,
Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk
Clark, City Administrator Wilson. Absent: Council Member/Commissioner 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;
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;
San Bernardino Redevelopment Agency v. William H. Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 034774;
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 RT (V APx);
Ronnie Lewis Bunse, Jr. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 084509.
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: Cypress Inn Mobilehome Park and
VanRossum claim.
C. Conference with legal counsel - ant icipated 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:
(I) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Senior Assistant City Attorney Carlyle announced that the following additional
cases would be discussed in closed session:
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City of San Bernardino Municipal Water Department v. The United States
Department of the Army - United States District Court Case Nos. CV 96-8867
& CV 96-5205;
Candace Dick v. City of San Bernardino, et al. - United States District Court
Case No. EDCV 02-158 V AP (SGLx);
Charles Moore v. Timothy P. McGrail, et al - United States District Court,
Western District of Missouri, Case No. 02-801-CV-W-GAF-P.
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 Council Member/Commissioner McGinnis, followed by
the pledge of allegiance, led by Myra Gomez and Elizabeth Bolanos, fourth grade
students at Bradley Elementary School.
2. Appointment - Donnie Schmidt - Bureau of Franchises - Council Member
Derry
Appointment - Sonia Vega - Food Policy Council- Mayor Valles
Re-appointment - Judith W. Battey - Board of Water Commissioners -
Mayor Valles
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the appointment of Donnie Schmidt to the
Bureau of Franchises and Sonia Vega to the Food Policy Council, and the
reappointment of Judith W. Battey to the Board of Water Commissioners, as
requested by Council Member Derry and Mayor Valles, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGirmis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
3. Presentations
A proclamation designating October 26, 2002, as Make a Difference Day in the
City of San Bernardino was presented to Susan Patane, coordinator of the Make
a Difference Day activities.
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Mayor Valles presented a resolution of recognition to Jeri Simpson, Executive
Director of San Bernardino Communities Against Drugs, which has been active
in the community for 14 years.
Mayor Valles presented a certificate of recognition to Lew Warren, General
Manager of KVCR-TV, Channel 24, on the occasion of their 40'h anniversary.
Mayor Valles presented a resolution of recognition to Ed Raya for his many
accomplishments while serving as Director of Human Resources for the City of
San Bernardino.
June Durr, 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 Department Years of Service
Eugene Cahoon Development Services 5
Deborah Morrow Facilities Management 15
Dean Ross Facilities Management 10
Benjamin Alexander Fire 10
Thomas Hanneman Fire 10
Issac Horn Fire 10
Grant Hubbell Fire 10
Linda Carter Parks, Recreation & 15
Community Services
Kevin McClintock Parks, Recreation & 5
Community Services
Carl Currie Police 20
Nedia Holmes Police 20
Dawn Alsop Police 30
Arlington Rodgers Public Services 5
Frank Keller Telecommunications 10
4. Announcements
Announcements were made by the Mayor, 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 Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
6. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the
Chief Examiner dated October 15, 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.
7. RES. 2002-334 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the adoption of a proposal by the American
Lung Association to create a Clean Vehicle Policy.
Terry Roberts and Dennis Zane of the American Lung Association urged
support of this item and adoption of the resolution.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-334 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
8. RES. 2002-328 - Resolution of the City of San Bernardino amending
Resolution 2001-345 entitled in part, "Resolution .., amending Conflict of
Interest Code ...", by amending Appendix A to add, delete and change the
titles of various positions within Departments of the City which must file
Conflict of Interest Statements (Statements of Economic Interests, Form
700).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-328 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
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9. RES. 2002-329 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Environmental Project Services,
Inc., for the road closure of Pennsylvania Avenue at 19'. Street, per Plan
No. 10523.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-329 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
10. RES. 2002-335 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Holland-Lowe Construction, Inc.,
for the road closure of 44th Street at Waterman Avenue, per Plan No.
10516.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-335 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
11. Authorize The Planning Center to proceed with technical tasks - Arrowhead
Springs portion of the General Plan update
Submitted into the record was a revised memorandum dated October 21, 2002,
from James Funk, Director of Development Services, to the Mayor and
Common Council regarding Phase I Progress Report - Arrowhead Springs.
Senior Assistant City Attorney Carlyle advised that certain language changes
should be made to the recommended motion; Le., to delete the words ponions
of and to replace the words Task 2.1 with the words Sub-task 1.1.a.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, to approve the language changes as
recommended by Senior Assistant City Attorney Carlyle.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council authorize
the City to accept funds in the amount of $64,200 from the developer for
previously approved Sub-task 1.1. a and for The Planning Center to proceed
with technical tasks (Portions of Tasks 2.2 and 2.3, and Tasks 3.2, 3.3, and 3.6,
as noted in the attached staff report) for the Arrowhead Springs portion of the
General Plan update, subject to the City receiving the required amount of funds
from the developer/property owner of Arrowhead Springs to pay the consultant
for the completion of each work item, task, or phase of the Scope of Work.
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. 2002-336 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Advanced Security for security guard service at the
Metrolink Station in San Bernardino.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
13. RES. 2002-330 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to enter into an agreement with California Charter Academy to provide
emergency medical technician (EMT) students the ability to ride along for
the purpose of observation and certification requirements.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-330 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. 2002-331 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department
(SBCFD) to enter into an agreement with Crafton Hills College (CHC) to
provide field internship for their paramedic program for a five-year period.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-331 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
15. Establish salaries for Police Department Ranges P-l, P-2, P-3 & Law
Enforcement Trainee - effective August 1, 2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the salaries for Police Department Ranges
P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August 1, 2002, as outlined in the
attached staff report dated October 21, 2002, from Ed Raya, Director of Human
Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 2002/2003 budget to transfer
$1,407,300 from the General Government Budget (001-092-5011) to the Police
Department Budget in the General Fund and make the appropriate adjustments
to the various Police grants.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
16. Establishment salaries for Police Department Ranges P-4, P-5, P-6 & P-7 -
effective August 1, 2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the salaries for Police Department Ranges
P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police)
and P-7 (Chief of Police) be established, effective August 1, 2002, as outlined in
the attached staff report dated October 21, 2002, from Ed Raya, Director of
Human Resources; that the Human Resources Department prepare an
amendment to Resolution No. 6429; and that the Mayor and Common Council
authorize the Director of Finance to amend the Fiscal Year 2002/2003 budget to
transfer $119,600 from the General Government Budget (001-092-5011) to the
Police Department Budget in the General Fund.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
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17. RES. 2002-332 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving Amendment No. 1 to that certain Loan
Agreement by and among the City of San Bernardino, the San Bernardino
Valley Municipal Water District, and the San Bernardino Regional Water
Resources Authority.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-332 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
18. RES. 2002-338 - Resolution of the Mayor and Common Council of the City
of San Bernardino to ratify the execution of a three week contract between
the City of San Bernardino and Penny's Creative Concessions for
Concession Services at the San Bernardino Soccer Complex.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
19. RES. 2002-339 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with the Bureau of Alcohol, Tobacco, and
Firearms and the San Bernardino Police Department regarding the
Southern California Regional Crime Gun Center.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-339 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. 2002-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Pacific
Utility Equipment Company for the furnishing and delivery of one (1) Ford
chassis, flatbed body and aerial tree trimming device for the Public Services
Tree Crew.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-333 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
21. RES. 2002-340 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement between the City
of San Bernardino and the San Bernardino City Unified School District for
financial assistance in the amount of $5,000 from Asset Forfeiture funds in
support of the Junior Police Academy at Lytle Creek Elementary School.
Council Member/Commissioner McGinnis stated that he would abstain from
voting on this item because he has a child who attends Lytle Creek Elementary
School.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-340 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Derry, Suarez, Anderson, McCammack.
Abstentions: Council Member/Commissioner McGinnis. Nays: None.
Absent: Council Member/Commissioner Lien.
22. RES. 2002-341 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement between the City of San
Bernardino and "Friends of the San Bernardino City Parks" for Civic and
Promotion funding from the FY 02/03 budget to assist in the conduct of
their 2nd Annual Jazz Festival.
Mark Westwood, 1670 North Lugo Avenue, San Bernardino, CA, Second
Ward representative on the Parks and Recreation Commission, expressed
support of the upcoming jazz festival and provided an overview of the various
events and featured performers.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-341 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
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23. RES. 2002-342 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of Proposition 46 - the Housing and
Emergency Shelter Trust Fund Act.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-342 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
24. An Ordinance of the City of San Bernardino amending Section 10.16.180 of
the San Bernardino Municipal Code to increase the number of Preferential
Parking Permits issued per dwelling from two to a maximum of four, in
areas where Preferential Parking Permit Programs are in effect. 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.
25. Reclassify position - Budget Manager to Deputy Director/Budget Manager -
Finance Department
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common
Council reclassify the position of Budget Manager, Range 4498 ($5,321-
$6,468/month), in the Finance Department to Deputy Director/Budget Manager,
Range 4505 ($5,51O-$6,697/month); and that the Director of Human Resources
be authorized to amend Resolution 6413 and Resolution 97-244 as needed.
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. Implement two new Crime Prevention Programs - change part-time position
of Administrative Clerk II to full-time - Police Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common Council
change the part-time position of Administrative Clerk II in the Police
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Department to a full-time position at Range 1312 ($2,002-$2,433 per month);
and that the Director of Finance be authorized to amend the FY 2002/03 Crime
Free Rental Housing budget in the Police Department budget to reflect 50% of
the added costs coming from the Local Law Enforcement Block Grant (LLEBG)
and 50 % costs being paid from the existing Police Department General Fund
budget.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
27. Reassign Technology Librarian - from General Unit Bargaining Group to
Mid-Management Bargaining Group
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, thaI the Mayor and Common Council
reassign the Technology Librarian from the General Unit to the Mid-
Management Unit; that the Director of Human Resources be directed to reassign
the Technology Librarian from the General llnit to the Mid-Management Unit;
and that the Director of Finance be directed to transfer $1,700 from Account
No. 105-471-5014 (Salaries - Temporary/Part-time) to Account No. 105-471-
5027 (Health Benefits).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
28. RES. 2002-343 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of four project applications for
FY 2004/2005 Hazard Elimination Safety (HES) Program Funding.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-343 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
29. Public hearing - Ohio and Walnut Landscape Maintenance Assessment
District No. 1028 - Tract No. 14193 (Continued from October 7, 2002)
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RES. 2002-337 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Ohio Avenue and
Walnut Avenue, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1028, ordering the work, confirming the 2003-2004
Assessment Roll, and determining that the Special Assessment, Investigation
and Limitation Act of 1931 shall not apply.
The hearing remained open.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the public hearing relative to the
formation of Assessment District No. 1028, be closed; and that said resolution
be adopted.
The motion carried and Resolution No. 2002-337 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Lien.
30. Public hearing - vacate portions of Rosewood Drive, between Orchard
Drive & Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive
(Continued from October 11, 2002)
RES. 2002-348 - Resolution of the City of San Bernardino ordering the
vacation of portions of Rosewood Drive, between Orchard Drive and
Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive (Plan No.
10503).
The hearing remained open.
No public comments were received.
Arthur Pearlman, 1137 Second Street, Suite 100, Santa Monica, CA,
submitted a speaker's slip indicating that he supported approval of this item.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the public hearing be closed;
and the Findings of Fact as set forth in the Staff Report dated October II, 2002,
from James Funk, Director of Development Services, as to why portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue, and Orchard
Drive, south of Rosewood Drive, are no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2002-348 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Lien.
31. Public hearing - proposed expenditure of monies - FY 2002/03 Local Law
Enforcement Block Grant (LLEBG) funds
Resolution of the City of San Bernardino authorizing the Mayor and
Common Council to obligate and expend the awarded FY 02/03 Local Law
Enforcement Block Grant (LLEBG) funds for law enforcement support
expenditures.
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commission Anderson, that the matter be continued to the
Council/Commission meeting of November 4,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
32. Public hearing - proposed expenditures of monies - FY 2002/03 Citizen's
Option for Public Safety (COPS) funds
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated Citizens Option for Public Safety (COPS
Option) monies for FY 02/03 to supplement front-line law enforcement
support services.
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commission Anderson, that the matter be continued to the
Council/Commission meeting of November 4, 2002.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
33. RES. 2002-344 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to execute a contract
with the County of San Bernardino to provide youth mentoring services as
part of the County FOCUS Project grant for the period of August 1, 2002
through June 30, 2003. (Continued from October 7, 2002)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-344 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
34. Legislative Task Force update (Continued from October 7,2002)
City Administrator Wilson advised that the backup materials contained a
summary of the most recent task force meeting, and that Council
Member/Commissioner McCammack had been appointed as the Inland Empire
Housing Lead.
Ms. McCammack stated that there had been discussion in support of Proposition
46 and also about pushing hard to help the legislators reform the housing
allocations, with a possible Housing Summit being held in the Inland Empire.
At 5:30 p.m., the Mayor and Common CounciliPlanning Commission Workshop
began, with the following Planning Commissioners in attendance: John Coute, Kenneth
Durr, James Morris, Mike Sauerbrun, and Carol Thrasher.
35. Joint Workshop - Mayor and Common Council/Planning Commission -
General Plan update - Economic Development Agency Boardroom -
presented by The Planning Center
Mayor Valles introduced the Planning Commissioners and made opening
remarks.
Director of Development Services James Funk introduced the members of The
Planning Center - Brian James, Al Bell, Wendy Novack - and provided an
overview of the materials that had been distributed to the Council members. He
advised that over the past few months there had been four public outreach
workshops, plus an additional four planning meetings in the University area, six
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special interest workshops, and one economic workshop. As a result of these
meetings he received 20 lengthy papers or studies from various groups on
different aspects of the project.
Al Bell provided a status report on the General Plan update. He advised that
The Planning Center had identified four purposes for today's meeting: I) To
inform the Council and Planning Commission on their progress, 2) To establish
a working vision of the project, 3) To establish a land use plan as a basis for the
remainder of the project, and 4) To obtain Council/Planning Commission input
and guidance on what they have seen so far and what they hear today.
Mr. Bell explained that the City's General Plan is required by state law, is a
basis for defining the City's future, represents the desired future for the
community, and is a blueprint for physical development and a guide for
development decisions.
He stated that a General Plan can be a practical and imaginative vision, a tool
for attacking key issues, a means for capturing new opportunities, and a device
for bringing people together.
Mr. Bell pointed out that the City's General Plan is not in need of large-scale
change; however, it is not as focused as it needs to be. He stated that General
Plans are not zoning or specific plans, they are not regulatory documents, and
they are not straitjackets.
Brian James reviewed the General Plan scope of work and what The Planning
Center had been retained to do for the City. He stated that The Planning Center
had been hired in July 2001 to improve the City's existing Plan, reflect changes
since 1989, and focus on strong policy direction and implementation. He
advised that there are no major land use changes; however, there are focused
Opportunity Areas, such as San Bernardino Valley College, the Santa Fe Depot,
Redlands Boulevard, Tippecanoe, Eastern Recreation Village, and Southeastern
Industrial.
Mr. James noted that in addition to the General Plan, other items being
addressed are the University District Specific Plan, the Verdemont Heights Area
Plan, the Tippecanoe Infrastructure Analysis, and the Arrowhead Springs Fatal
Flaw Analysis, used to determine whether there is anything that would preclude
the Arrowhead Springs development.
He advised that there have been four workshops in the community and reviewed
with the Council what the residents currently like and don't like about their
community and what their vision is for the future of the community. He noted
that several handouts had been distributed to the Council and Planning
Commission today, including a Draft Community Vision document which would
become part of the General Plan. He stated that The Planning Center would be
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asking for the Council's endorsement or endorsement/modification of the Draft
Community Vision.
Mr. James explained that the Draft Community Vision breaks down to about
five different points: I) San Bernardino will be known for its attractions, such
as the University, the Airport, and the Downtown; 2) The City will benefit from
centralized location and diversity of transportation options; 3) The City's full
range of educational opportunities will be integrated into the community; 4) A
balanced supply of housing with rich accompaniment of cultural/recreational
amenities; and 5) A system of public service infrastructure in place to serve
future demands and to attract desired businesses.
Mr. James stated that the second item the Council would be asked to endorse
would be the General Plan Map, including the potential changes for the
University and Verdemont Areas. He advised that two maps were proposed for
the updated General Plan - a General Plan Land Use Map and a Foundation
Map, which is a summary of the more detailed map.
He advised that currently the City has 39 General Plan categories, which have
been condensed into 35 categories, including two new categories - Open Space
and Residential Student Housing. Basically, 99.9 percent of the land uses in the
city remain unchanged, with most changes being in the University and
Verdemont areas and some of the Opportunity Areas.
Mr. James stated that one of the things they heard over and over again was that
the City wants to improve its image, and that was key to the dilapidated
commercial strips in the City. When the Economic Study was released, it
showed the City had excess commercial capacity and enough supply of
commercial land to feed demand for the next five to ten years. Currently, there
are some commercial centers with a 15-40 percent vacancy rate.
Therefore, in the land use system they are suggesting an incentive program to
try and help concentrate commercial development in certain areas, instead of
having a long linear strip. The incentive program is that the City would give
something in return for development that is of a certain quality and pattern. The
pattern they are suggesting is that commercial development be concentrated at
intersections and in mid-block of the intersections with rehab of residential areas
or new residential construction.
Wendy Novack presented information on the University District Specific Plan
and the Verdemont Heights Area Plan. She noted that the University Area is a
valuable asset; however, it is located in an earthquake zone and there are slopes,
fire, wind, and flood hazards that need to be considered during this General
Plan update. She stated there is a lack of integration with the community, even
though it is surrounded by residences and commercial uses. However, there is a
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desire and need to connect these uses together, as well as a desire to connect
trails and add monument signage.
She spoke regarding a linkage from the University to the Verdemont Area,
preferably pedestrian and bicycle friendly linkage, with vehicular linkage at
rural standards rather than a high level of traffic going through the area; and
discussed incorporation of a multi-purpose open space.
Ms. Novack also provided information regarding the Verdemont Heights Area
Plan, stating that it faces many of the same challenges as the University Area.
She stated that they had tried to achieve a village characteristic to this area of
town, with unique and identifiable characteristics.
Brian James stated that they are at the point in the process where they need
direction from the Council and Planning Commission that they are headed down
the right path. He stated that the next steps would be to endorse and/or modify
the Vision, endorse and/or modify the direction of the General Plan Land Use
Map, and proceed with the schedule. He stated that they should have the entire
Plan back to the Council for final adoption in August 2003.
Council Member/Commissioner McCammack stated that it was her
understanding that they were going to hear about each of the specific plans;
however, they had heard only about the University Specific Plan.
Mr. James pointed out that they have not been authorized to do a specific plan
for Arrowhead Springs; however, they are doing a Fatal Flaw Analysis.
Council Member/Commissioner Anderson expressed her concern that the Sixth
Ward was not identified in any of the Opportunity Areas and questioned whether
the Sixth Ward had even been considered during the General Plan update.
Council Member/Commissioner Estrada noted that in reaching the Westside of
the City, there was only one meeting; and she questioned whether this meeting
included people as far north as Devore as well as others residing in the extreme
Souths ide of the City. She questioned what kind of community input there was
relative to the Westside, since it encompasses three big wards - First, Third,
and Sixth.
Ms. McCammack pointed out that it would have been a real benefit if the maps,
which should have been integral to the discussion today, had been given to the
Council members well in advance of the meeting. She stated that she
understood that there would be individual meetings with the Council members to
go over the maps, but to ask for the Council's endorsement on something that
she received at 5 p.m. on Friday, was unrealistic. She added that the Vision is
wonderful; however, reading through all the material once over the weekend did
not provide enough time or input for the Council to endorse anything.
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Ms. Estrada also inquired how some of the larger questions such as projected
growth and the Alameda Corridor were incorporated into the City's plans. She
reiterated her remarks from the previous meeting that she did not understand
this particular method of updating the Plan, because the last time the General
Plan was updated there had been one-on-one meetings between the elected
officials and the consultants from the very beginning.
Mr. Funk agreed that there was a lot to digest and suggested having a couple
more workshops. He also suggested holding a couple more meetings on the
Westside and looking at the Sixth Ward as an Opportunity Area. He thought a
couple more workshops with the Council and Planning Commission would also
be a good thing. He suggested that one-on-one meetings be scheduled
immediately with the Council members to obtain their input.
Council Member/Commissioner Suarez stated that he did not want to leave the
meeting with The Planning Center or staff thinking that they had carte blanche
to continue on. He stated that he was glad the Planning Commission was
involved; that they need to know the direction that is expected from them in the
various areas of the City.
City Administrator Wilson stated that it seemed premature to jump to the next
step; that the Mayor and Council were not ready to go forward, as they needed
more time to think about this and to get more feedback. He suggested that The
Planning Center gather more input from the elected officials and the Planning
Commissioners, and then return for another meeting.
Council Member/Commissioner McCarnmack stated that the key for her was
that this was the first opportunity that she had to read what the Northside is,
although she was still not certain of the Northside boundaries. She stated that
she knows what the folks in the Northside like and don't like, and she thought it
was her job to take their wishes and concerns and move them to the next step.
She stated that she has just been waiting for her chance to provide input, and she
did not realize that this much work had already gone into the Plan from The
Planning Center's standpoint.
Planning Commissioner James Morris agreed that both the Council members
and Planning Commissioners had not had enough time to digest all the material
that they had been given. He stated that the concept of the Opportunity Areas is
moving in the right direction - that one of the things our community has lacked
is a sense of the fact that there are individual communities within the community
as a whole, and those need to be developed and enhanced. He pointed out that
it takes a lot of time to focus on and really get into detail of what the best vision
is for particular areas within the community. He suggested that it might be
easier to go forward and break down the review process on an area-by-area
basis, instead of trying to review the whole General Plan at one meeting.
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David De Mauro, California State University, San Bernardino, stated that
University staff did have an opportunity to work with The Planning Center and
City staff on the University Plan, and this was done in three to four sessions of
three to four hours each. He stated that they were pleased with the Plan and
appreciated the opportunity to participate, and they believe it is headed in
exactly the right direction.
It was the consensus of those present that staff would sit down and work with
Mr. Funk to develop a work plan which would include the individual meetings
between the Council members and the consultants, scheduling one or two
workshops with the Planning Commission and some additional community
meetings, and whatever other steps are necessary to move this project forward.
Some of the Council members suggested bringing residents from their ward who
are active in planning issues with them to their meetings; others felt that they
would want to send out notices announcing a community meeting and inviting
everyone who had an interest to attend.
Council Member Anderson thanked The Planning Center for the work they have
done and requested that another meeting be held with the residents of the
Wests ide and especially a one-on-one meeting with her.
City Administrator Wilson stated that he would touch base with Mr. Funk and
The Planning Center and develop a game plan to address the issues brought
forward today.
Several of the Planning Commissioners requested that they be invited to the
various community meetings and the meetings between the Council members
and The Planning Center in order to become better informed as to the wishes of
the community.
No further action was taken regarding this matter.
Prior to considering the Community Development Commission items, City
Administrator Wilson left the meeting and was replaced by Special Counsel Tim Sabo.
R36. Proposed Plan Amendments - Uptown & Central City North Redevelopment
Project Areas
RES. 2002-345 - Resolution of the Mayor and Common Council making
certain findings, determinations, and modifications to the adopted July 1,
2002 Project Area Committee (PAC) Procedures for the Uptown
Redevelopment Project Area. (R36A)
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RES. 2002-346 - Resolution of the Mayor and Common Council of the City of
San Bernardino modifying the scope of the proposed Plan Amendments to
reinstate eminent domain for all properties located within the Uptown and
Central City North Redevelopment Project Areas. (R36B)
RES. 2002-347 - 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 (PAC) and calling for formation of a PAC for the
proposed Plan Amendment to the Central City North Redevelopment Project
Area. (R36C)
Council Member/Commissioner McCarnmack stated that she would abstain from
voting on this item because her business is located in the Uptown
Redevelopment Project Area.
Gary Van Osdel, Executive Director, Economic Development Agency, provided
an overview of the staff report. He noted that in order for the Agency to
effectuate the objectives and goals of the redevelopment plan for both Project
Areas, it would be necessary to reestablish eminent domain powers on an
unrestricted basis, which would include residential properties.
Council Member/Commission Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions A-C be adopted.
Resolution Nos. 2002-345, 2002-346 and 2002-347 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, McGinnis,
Derry, Suarez, Anderson. Abstentions: Council Member/Commissioner
McCammack. Nays: None. Absent: Council Member/Commission Lien.
NBR1. HUB Project - Inland Valley Development Agency - Condemnation
Memorandum - Quitclaim Deeds - Title Transfer - Operating
Memorandum
(Note: No backup material was submitted.)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Suarez, that the matter arose subsequent to the
posting of the agenda.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
Special Counsel Sabo explained the motion that the Mayor and Council needed
to approve in order to move this item forward.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the Economic Development Agency Executive Director and Mayor to execute
an Operating Memorandum as provided for under the Condenmation
Memorandum dated November 5, 2001, by and between the Inland Valley
Development Agency and the Economic Development Agency, subject to
approval by the City Attorney as to form and content of such document, relating
to the payment of costs and expenses of the pending HUB Project condenmation
and property transfers.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
37. Public Comments
Danny Flores, 2060 Mesa Street, San Bernardino, CA, announced the
retirement of the Salute to the Route, which celebrated its 10th Anniversary in
September 2002, and distributed a letter to the Mayor and Council regarding
same.
Dr. Amos Isaac, 1315 Sandra Way, Redlands, CA, announced two seminars to
be held on Thursday, October 24, at the New Hope Missionary Baptist Church,
regarding Challenges Confronting the Inland Empire and Strategic Diversity
Models, to take place from 4:30-6:00 p.m. and from 6:00-8:00 p.m.
38. Adjournment
The meeting adjourned at 6:58 p.m. The next JOlllt regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8:00 a.m., Monday, November 4,2002, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California; however, the
meeting will adjourn until 1:30 p.m. at which time closed session matters will
be discussed. The public portion of the meeting will begin at 3:00 p.m.
RACHEL G. CLARK
City Clerk
By:
i2L c ;J:iyQ
Linda E. Hartzel
Deputy City Clerk
No. of Items: 39
No. of Hours: 5.5
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