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HomeMy WebLinkAbout03-07-2005 MinutesMayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. "D "Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCarnumck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 7, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission (Closed Session) was called to order by Mayor/Chairman Valles at 1:35 p.m., Monday, March 7, 2005, in the MIC Room, Sixth Floor, 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, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Candice Dick v. City of San Bernardino et al. - United States District Court Case No. EDCV 02-158 VAP (SGLx). 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: Patrick Major v. City of San Bernardino Fire Department 03/07/2005 San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. ASCAP v. City of San Bernardino BMI v. City of San Bernardino SESAC v. City of San Bernardino MPLC v. City of San Bernardino 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: Negotiator Linn Livingston, Human Resources Director Employee Organization General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Property: 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Proper That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del 2 03/07/2005 Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Terms and conditions Uptown Project Area 3. Propert : APN 0145-242-32 and APN 0145-242-33 Owner/Seller: Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") Mt. Vernon Redevelopment Project Area 4. Propert 514 N. Mt. Vernon Avenue APN 0138-115-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Dan Virgilio, property owner Under Negotiation: Purchase price, terms and conditions IVDA Redevelopment Project Area 5. Property: 2073 N. Newcomb Street APN 1191-021-21 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Rafael Orantes, Hector M. Moreno, and Roberto Romo, property owner(s) Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional items would be discussed in closed session: Owner of the Ice House v. City of San Bernardino 3 03/07/2005 Under Agenda Item 1B, Significant Exposure to Litigation: Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 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. Reconvene The joint regular meeting of the Mayor and Common Council and Community Development Commission (Open Session) was reconvened by Mayor/Chairman Valles at 3:05 p.m., Monday, March 7, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Invocation/Pledge of Allegiance The invocation was given by Dr. David A. Tinoco of St. Paul's United Methodist Church of San Bernardino, followed by the pledge of allegiance, led by Joshua Shutt from Anderson School. Moment of Silence Mayor/Chairman Valles extended condolences to the family and requested a moment of silence in memory of Mary Jo Poindexter, a longtime resident and devoted volunteer in the City of San Bernardino, who in 1974 was named Teacher of the Year in the United States. Council Member/Commissioner McCammack extended condolences to the families of Virginia Adams and Raoul Chacon, two lifelong residents of San Bernardino who recently passed away. 2. Appointment - Animal Control Commission - James E. Brown - Council Member/Commissioner Estrada Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve the appointment of James E. Brown to the Animal Control Commission, as requested by Council Member/Commissioner Estrada. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 03/07/2005 3. Proclamations & Presentations Mayor/Chairman Valles presented a Resolution of Commendation to the Center for Individual Development (C.I.D.) on the occasion of its 25' anniversary, which was accepted by Ken Joswiak, Center Manager. Mayor/Chairman Valles also presented a Resolution of Commendation to Ken Joswiak, Manager of the Center for Individual Development (C.I.D), in recognition of his outstanding leadership and constant efforts to improve the quality of life for the disabled and his service as manager of the C.I.D. for nearly 25 years. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic and community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/ Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 7, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 03/07/2005 7. Claims and Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 1, 2005, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions as submitted by the Chief Examiner dated March 1, 2005 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, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2005-55 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, Battersby, McElhaney, & Beckett and the City of San Bernardino to represent Salvador Jimenez in the case of Kiranjeet K. Dppal v. City of San Bernardino; Salvador Jimenez; Brian Dennis Green; Does I-20, inclusive. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-55 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were distributed. 6 03/07/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Request for budget amendment to transfer $63,000 from the General Fund Budget Reserve to cover costs of Special Municipal Election held on November 2, 2004 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2004-05 budget by transferring $63,000 from the General Fund Budget Reserve to Account No. 001-032-5502 (Professional and Contractual Services) to cover the cost of the Special Municipal Election held on November 2, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Authorize Change Order No. Four - contract with Bonadiman-McCain, Inc. - Timber Creek Improvements Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Four in the amount of $40,524.81 to contract with Bonadiman-McCain, Inc. for Timber Creek Improvements; and authorize the Director of Finance to transfer $110,000 from Account No. 248-368-5504-7316 (Storm Drain State Route 210) to Account No. 248-368-5504-7141 (Timber Creek Improvements). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. Adopt Negative Declaration for the acquisition of right-of-way and construction of street improvements to extend Giovanola Avenue approximately 180 lineal feet from its current northerly terminus at 2nd Street to 3`d Street 7 03/07/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council adopt a Negative Declaration for the acquisition of right-of-way and construction of street improvements to extend Giovanola Avenue approximately 180 lineal feet from its current northerly terminus at 2nd Street to 3`" Street. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2005-56 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an agreement with Loma Linda University Medical Center to provide emergency medical service information. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-56 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-57 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the County of San Bernardino to administer a continuation program from the State of California Community Based Services Program (CBSP) in the amount of $24,326.00 for the period of July 1, 2004 through June 30, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-57 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 3 of Contract 02-658 with the County of San Bernardino for COLA increases to the Head Start/Preschool Staff Budget for FY 2004- 2005 at Delmann Heights Community Center. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 8 03/07/2005 Resolution No. 2005-58 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. An Ordinance of the City of San Bernardino adding Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, establishing that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FIRST READING Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Public hearing - resolution ordering work - Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 (Parcel No. 16222) (Continued from February 22, 2005) 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 Orange Show Road and Arrowhead Avenue, approving the Final Engineer's report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1038, ordering the work, confirming the 2005-2006 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remained open. Mayor/Chairman Valles advised that the City Attorney's office had requested a continuance of this item. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that the matter be continued to the Council/Commission meeting of March 21, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 03/07/2005 19. Public hearing - resolution ordering work - Northpark Boulevard and Campus Parkway area - Landscape Maintenance Assessment District No. 1036 (Tract No. 16509) RES. 2005-59 - 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 and other improvements in the area of Northpark Boulevard and Campus Parkway area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1036, ordering the work, confirming the 2005-2006 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Valles opened the hearing. No public comments were received City Clerk Clark advised that her office had received 34 ballots, with 100 percent in favor of the proposed assessment district. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-59 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R20. RES. CDC/2005-9 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the forbearance of payments pursuant to the Loan Agreement between the Redevelopment Agency of the City of San Bernardino and the San Bernardino Symphony and the forgiveness of amounts owed thereon as of the final maturity date provided that no prior default has occurred. (Continued from February 22, 2005) 10 03/07/2005 City Attorney Penman advised that four Forbearance Agreements had been included in the backup materials for the Council to consider. He reviewed those points specific to each agreement and answered questions regarding same, noting that Forbearance Agreement #4 would terminate the agreement in the year 2025, making it a twenty-year forbearance period; included retention of the name "San Bernardino Symphony Orchestra and Association (Guild)"; included a Good Faith Benefactor clause; and included language on page 3, paragraph 4(c) regarding Termination of Forbearance Period and paragraph 5 regarding Forgiveness of Indebtedness. Augustus D. Suiter, 733 North "G" Street, San Bernardino, CA, stated that from a financial standpoint the symphony is clearly a liability. He asked how many grants had been given to the symphony since 1999, how many taxpayer dollars are being used to subsidize the symphony, whether or not the symphony could ever become profitable, and why the government would give away tax money to an organization that should be self-sufficient. He asked that the Council postpone its vote on this matter until these questions had been answered. Dorothy Garcia, 695 East 39' Street, San Bernardino, CA, a volunteer for the symphony, advised that the symphony does not have an executive director, that most clerical/office work is provided by volunteers, and that most of the money spent by the symphony is used to pay for professional musicians. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that Forbearance Agreement #4, be approved. Council Member/Commissioner Kelley asked whether somewhere in the Forbearance Agreement it was stated that if the symphony has a benevolent benefactor later on, it would mean that the Agency will recoup its money. City Attorney Penman answered in the affirmative. Mr. Penman advised that since the motion included approval of Forbearance Agreement #4, that everywhere in the resolution where it has the date April 1, 2018, it should be corrected by interlineation to April 1, 2025. The motion carried and Resolution No. CDC/2005-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: Council Member/ Commissioner Derry. Absent: None. 11 03/07/2005 21. Public Continents Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, commented on action taken by the Mayor and Council at the previous meeting relative to a local motel and questioned why the Mayor and Council were late in conducting some of the public hearings. Pastor Vic Lewis of the Praise Tabernacle Church and The Neighborhood Improvement and Development Coalition (NID) spoke regarding the violence that is killing our children and NID's idea for "Project In By Ten", a curfew proposal for the demographic area of Date Street, south to Pacific; and Arden, west to Del Rosa. Mayor/Chairman Valles informed Pastor Lewis that she had met with the Chief of Police just this morning regarding violence —not only in our community, but nationally. She stated that they are preparing to put together a community forum or summit on violence, and they will be asking pastors and teachers and neighborhood areas to address these issues in order to come up with some good solutions to the violence on our streets. She advised that it is easy to write ordinances; however, the enforcement sometimes becomes difficult. City Attorney Penman advised that the City does have a curfew as outlined in Municipal Code Chapter 9.68, which conforms to the guidelines established by the courts. It is 11 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6 a.m. of the following day; and from 12:01 a.m. until 6 a.m. on any Saturday or Sunday. James Tate, 1391 Andreas Avenue, San Bernardino, CA, stated that as a citizen of San Bernardino he was calling for Fire Chief Larry Pitzer to resign. He stated that Chief Pitzer was a liability to the City and if he did not choose to resign, then Mr. Tate suggested that he be terminated. Augustus D. Suiter, 733 North "G" Street, San Bernardino, CA, spoke regarding the City's pothole problem and questioned why City crews continue to use cold patches that continue to disintegrate —that there are holes on "G" Street that have been filled six or seven times during the past two years. Deanna Adams, 1156 North "F" Street, San Bernardino, CA, owner of Victory Chapel, spoke regarding the many events and the 500-year history that has contributed to the success of the San Antonio Riverwalk, as opposed to the fact that San Bernardino has no major leagues or cultural events and is hinging the development of its water on nothing but hope. 12 03/07/2005 22. Adjournment At 4:49 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, March 21, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 22 No. of Hours: 3.25 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 13 03/07/2005