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HomeMy WebLinkAbout11-18-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 18, 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 I :31 p.m., Monday, November 18, 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, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Lien, McGinnis. 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, el al. v. City of San Bernardino, et at. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; I 11/18/2002 San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; The Redlands Association v. City of San Bernardino and its Municipal Water Department - San Bernardino Superior Court Case No. SCVSS 096182. 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 Van Rossum claim. 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: (1) Fire negotiation issue 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: Pravin D. Patel, et al. v. City of San Bernardino - Ninth Circuit Court of Appeals Case No. 01-55280; and Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774. Under Agenda Item I.B., significant exposure to litigation: 2 ll/18/2002 Three claims related to former police officer Van Rossum: Ellen Marie Treas, Angela Vandiver, and Salina Ruth Molina; and Three possible causes of action by employees of the Animal Control Office against the City of San Bernardino. 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. Council Member/Commissioner Lien Arrived At 2:29 p.m., Council Member/Commissioner Lien arrived at the Council/Commission meeting. Invocation/Pledge of Allegiance The invocation was given by Reverend David Randolph, Chaplain, San Bernardino Community Hospital, followed by the pledge of allegiance, led by Nicole Renella of Arroyo Valley High School. Moment of Silence Mayor/Chairman Valles extended her condolences to the family of Herbert Fischer, long-time businessman in the community who owned Flowerland nursery on Highland Avenue and father of Dr. Herb Fischer, Superintendent of San Bernardino County Schools, and requested a moment of silence in his memory. The Mayor and Council also extended their condolences to the families of Margaret Curlin, mother of former Councilman Frederick Curlin; Mrs. Dee Baugh, mother of Dr. Wilson Baugh; and C. Dean Walker, who worked at the insurance firm of Morgan and Franz for many years and was active with the Boy Scouts and had served on the Board of the Home of Neighborly Service. 2. Appointments Gwen Terry - Community Television Commission - Council Member McGinnis Ernest Ponce - Bureau of Franchises - Council Member McCammack Marilyn Patterson - Parks and Recreation Commission - Council Member McCammack 3 11/18/2002 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the appointments of Gwen Terry to the Community Television Commission, Ernest Ponce to the Bureau of Franchises, and Marilyn Patterson to the Parks and Recreation Commission, as requested by Council Members McGinnis and McCammack, be approved. The motion carried Members/Commissioners McCammack. Nays: McGinnis. by the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 3. Presentations Peggi Hazlett, Assistant to the Mayor, presented certificates and City pins to the following members of the 200212003 Mayor's Youth Council: Victoria Jimenez and Erniesha Zimmerman, Arrowview Middle School; Tiffany Lightle and Donick Slaick, Curtis Middle School; Vicky Chiem and Travis Kinser, Del Vallejo Middle School; La'Keshia Overstreet and Alexis Sulaeman, Golden Valley Middle School; Marvin Alcala and Taylor Kern, Serrano Middle School; Eva Morgan and Brittany Richardson, Shandin Hills Middle School; Nicole Renella, Arroyo Valley High School; Isabel Seward, Cajon High School; Maribel Alba, Middle College High School; Amber Gibson and Gregory Sack, Pacific High School; Anibal Reyes, San Andreas High School; Adam Iqueda, San Bernardino High School; Jake Barela and Alicia Bennett, Sierra High School. City Attorney Penman presented the official City Attorney's Office "Tiger Award" to Deputy City Attorney Michael Reiter for his work on three cases, one of which saved the City over $1 million. Nick Gonzalez, Assistant to the Mayor, introduced the following students who participated in the recent "Celebration of Cultures and Languages" - from Arroyo Valley High School Gabriella Vasquez, Lucy Orozco, and Miguel Amaya; Deanna Nazzal from Cajon High School; and Xavier Castro, a sixth grader at King Middle School. The students repeated their presentations in their native languages and in English for the Mayor and Common Council. Members of the Youth Neighborhood Cluster Association of Blair Park presented a Certificate of Acknowledgement to Council Member Joe Suarez, Tony Valencia of the Carousel Mall, and Lori Ann Wood, a resident of Riverside, in recognition of the many times they have supported their youth meetings and fundraisers. 4 11/18/2002 David Pruitt, Executive Assistant to the Mayor, read the name of the following individual who was presented a service pin award by Mayor Valles in recognition of his many years of dedicated service to the City: Name Richard Chandler Department Police Years of Service 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. The motion carried Members/Commissioners McCammack. Nays: McGinnis. by the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 6. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 4, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: McGinnis. vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 7. 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 November 13, 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. 5 1lI18/2002 The motion carried Members/Commissioners McCammack. Nays: McGinnis. by the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 8. ORD. MC-1133 - An Ordinance of the City of San Bernardino adding Subsection "C" to Section 10.24.190 of the San Bernardino Municipal Code relating to commercial vehicles prohibited on certain streets. FINAL READING Council Member/Commissioner McCammack stated that she would abstain on this item since one of the streets is within 500 feet of her residence. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1133 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson. None. Abstentions: Council Member/Commissioner McCammack. Council Member/Commissioner McGinnis. Council Nays: Absent: 9. ORD. MC-1132 - An Ordinance of the City of San Bernardino amending Section 19.02.050 (Definitions) and Chapter 19.04 (Residential Districts) Section 19.04.020, Table 04.01 (Permitted Uses), Table 04-02 (Specific Standards), and Section 19.04.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to add text related to definitions, requirements and standards for student housing projects. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1132 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 10. RES. 2002-365 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Pete & Sons Construction, Inc., for Safe Route to Schools (SR2S) on Mt. Vernon Avenue and "L" Street at 9th Street, per Plan No. 10459. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 6 11118/2002 Resolution No. 2002-365 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 11. RES. 2002-360 - Resolution of the City of San Bernardino establishing fair market value of certain real property located at the northeast corner of 2nd Street and Viaduct Boulevard, being a portion of real property commonly known as Assessor's Parcel Number 0138-263-02, relative to the extension of Giovanola Avenue. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Development Services be authorized to proceed with the acquisition of real property located at the northeast corner of 2nd Street and Viaduct Boulevard. The motion carried and Resolution No. 2002-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner McGinnis. 12. RES. 2002-361 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and authorizing the installation of a two-way stop at the intersection of Twentieth Street and Pershing Avenue. Council Member/Commissioner Anderson maue a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-361 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 13. RES. 2002-362 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to International Pavement Solutions, Inc. for construction of street and drainage improvements on Meridian Avenue and Poplar Street per Plan 10505. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 7 1lI18/2002 Resolution No. 2002-362 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner McGinnis. 14. Reject all bids - Timber Creek improvements between Lena Road and Twin Creek - Plan No. 10069 - direct staff to re-bid project Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada that the Mayor and Common Council reject all bids for Timber Creek improvements between Lena Road and Twin Creek per Plan No. 10069 and direct staff to re-bid the project as described in the staff report dated October 18, 2002, from James Funk, Director of Development Services. The motion carried by Members/Commissioners McCammack. Nays: McGinnis. the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 15. RES. 2002-363 - Resolution of the City of San Bernardino authorizing the execution of a License Agreement with the San Bernardino Valley Municipal Water District, for the construction of monitoring wells in various locations around the City. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-363 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 16. RES. 2002-364 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Life Safety System in the amount of $38,678.00, Aramsco in the amount of $33,040.24, L. N. Curtis & Sons in the amount of $112,015.83, Safeware in the amount of $39,151.51 and Jorgensen in the amount of $5,631.31 for Domestic Preparedness equipment. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 8 11118/2002 Resolution No. 2002-364 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 17. RES. 2002-366 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order, with one one-year renewal option, to West Valley MRF, LLC for processing the City's green waste and wood waste; and authorizing the Finance Director to pay outstanding invoices in FY 01-02 to West Valley MRF, LLC. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-366 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 18. Public hearing - consider adjustment of various City fees A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 99-193, Resolution No. 2002-241, and Resolution No. 2001-273. Mayor/Chairman Valles opened the hearing. City Administrator Wilson advised that additional research was needed prior to taking action on this matter and requested a continuance. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada that the matter be continued to the Council/Commission meeting of December 2, 2002. The motion carried Members/Commissioners McCammack. Nays: McGinnis. by the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 19. RES. 2002-367 - Resolution of the City of San Bernardino authorizing the execution of an agreement by and between the County of San Bernardino Service Area 70 and the City of San Bernardino to provide household hazardous waste collection center services and home generated sharps collection services. (Continued from October 7, 2002) 9 1lI18/2002 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-367 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 20. An Ordinance of the City of San Bernardino amending Section 2.58.010A of the San Bernardino Municipal Code relating to regular meetings of the Mayor and Common Council. FIRST READING Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be laid over for final adoption. The motion carried Members/Commissioners McCammack. Nays: McGinnis. by the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner 21. Dinner workshop - 5:23 p.m. - Economic Development Agency Boardroom - State Legislative Update Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Derry, Suarez, Anderson, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Lien, McGinnis. Lobbyist Bill Chavez provided an overview of the State budget deficit, stating that analysts forecast a $6.1 billion shortfall in 2002/2003, with a predicted $21 billion shortfall in the 2003/2004 budget year. He also provided information on revenues, stating that the Vehicle Licensing Fee is probably one of the most stable forms of revenue; however, most revenues will remain flat. He added that it will be impossible to balance the budget without tax increases. Lobbyist Chuck Bader advised that housing has become a big issue in the legislature, and noted the importance of obtaining State approval of the City's Housing Element. He pointed out that SCAG had calculated the number of housing units needed in San Bernardino based on the 1990 Census; however, there have been many changes in vacancy rate~, growth rates, and income levels since that time. He stated that the City needs to take its issues and data and work to influence some of the key legislators regarding the unique housing situation in San Bernardino. 10 11/18/2002 Discussion ensued regarding the fact that there are many new members in the legislature, the need for the City to work closely with the League of California Cities on various issues, the importance of obtaining approval of the City's Housing Element, and the best way and time to address the many issues faced by the City to ensure support at the State level. No formal action was taken during the workshop. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners, Estrada, Lien, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Member/Commissioner McGinnis. R22. Proposed Southeast Industrial Park Redevelopment Project Area Plan Amendment - eminent domain Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission authorize the Executive Director to prepare a Plan Amendment to reinstate eminent domain in portions of the Southeast Industrial Park Redevelopment Project Area. The motion carried by Members/Commissioners McCammack. Nays: McGinnis. the following Estrada, Lien, None. Absent: vote: Derry, Council Ayes: Council Suarez, Anderson, Member/Commissioner R23. RES. CDC/2002-34 - A Resolutiou of the Community Development Commission of the City of San Bernardino approviug and authorizing the extension to the Diana L. Sanchez, Neighborhood Initiative Program (NIP) Coordinator, Consultant Services Agreement, subject to funding approval by the County of San Bernardino NIP Program. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2002-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 11 11/18/2002 R24. RES. CDC/2002-35 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement for Professional Services with LSA Associates, Inc. for the preparation of a Program Environmental Impact Report (EIR) and related traffic studies for the amendmeut of the Central City North and Uptown Redevelopment Project Area Plaus. Council Member/Commissioner McCammack stated that she would abstain on this item because her business property is located within 500 feet of the Uptown Redevelopment Project Area. Senior Assistant City Attorney Carlyle advised that a revised resolution had been submitted that included the name of the <:ompany who would be preparing the Program EIR and related traffic studies and suggested that approval of the resolution include the addition of the company's name by interlineation on the fourth line after the word "services." Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted, as amended by interlineation on the fourth line after the word "services" with the addition of the words, "with LSA Associates, Inc." Resolution No. CDCI2002-35, as amended, was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson. Abstentions: Council Member/Commissioner McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 25. Public Comments There were no public comments. 12 11/18/2002 26. Adjournment The meeting adjourned at 6:30 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, December 2, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; however, the meeting will adjourn until I :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: L~Lc. ~ Linda E. Hartzel Deputy City Clerk No. of Items: 26 No. of Hours: 5 13 11/18/2002