HomeMy WebLinkAbout04-07-2003 Jt Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 7, 2003
COUNCIL CHAMBERS
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 1:30 p.m., Monday, April 7, 2003, 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 Longville, McGinnis,
Suarez, Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members/Commissioners Estrada, Derry.
Council Member/Commissioner Estrada Arrived
At 2: 11 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commisison meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel -existing litigation -pursuant to
Government Code Section 54956.9(a):
David M. Sanborn v. Avila Construction, et al. -San Bernardino
Superior Court Case No. SCVSS 078410;
Jaime Alvarez, et al. v. City of San Bernardino -United States District
Court Case No. CV 00-0304B;
Redevelo pment Agenc y of the City of San Bernardino v. Jaime Alvarez,
et al. -United States District Court Case No. EDCV 02-142 RT
(SGLx);
Manta Management Corp . v. Ci ty of San Bernardino, et al. -San
Bernardino Superior Court Case No. SCV 18157 ;
4/7/2003
City of San Bernardino Munici pal Water De partment v. The United
States De partment of the Arm y -United States District Court Case No.
CV 96-5205;
Shirley J. Goodwin v. Ci ty of San Bernardino, et al. -United States
District Court Case No. EDCV 96-66 RT (V APx);
Adrian Eugene Moore v. Ci ty of San Bernardino, et al. -United States
District Court Case No. CV 01-03064 (DDP) (RZ).
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: Van Rossum claim.
C. Conference with legal counsel -anticipated litigation -1mt1at1on of
litigation -pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session -personnel -pursuant to Government Code Section
54957:
A pp ointment
Director of Animal Control
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:
1. Property Address: APN 138-301-03 -246 N . K Street
APN 138-301-04 -240 N. K Street
APN 138-301-05 -232 N. K Street
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Gilbert Castillo, owner
2 4/7/2003
2.
Under Negotiation: Purchase price, terms & conditions
Property Address: APN 138-301-07 -1108 W. 2 nd Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Marlene Belichefsky, Trustee, on behalf of
the Belichefsky Children Family Trust.
Under Ne gotiation: Purchase price, terms & conditions
3 . Property Address: APN 138-301-08 -1122 W. 2 nd Street
Ne gotiating_ Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Alice E. Spar, Richard E. Gardner, et al.,
owner
Under Negotiation: Purchase price, terms & conditions
4 . Pro perty Address: APN 0281-083-02; 0281-083-03; 0281
-083-04; 0281-083-013; 0281-083-014;
0281-083-015; 0281-083-016; 0281-083
-017; 0281-083-018; 0281-083-020; and
0281-091-39
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Jaks. L.L.C.
Under Negotiation: Purchase price, terms & conditions
5. Pro perty Address: HUB Properties
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
0281-081-08 Raymond M. Tucker Living Trust
0281-081-09 Douglas R. Nelson
0281-081-10 Jimmy R. Wiley
0281-081-11 Julio D. Rodriguez, Anthony Rodriguez
0281-081-12 Seng Kin Yeo
0281-081-13 Robert A. Lester, Ivy Y. Lester
0281-081-14 Estefani Liaou
0281-081-16 Francisco Perpuly
3 4/7/2003
0281-081-17 Oscar Miranda, Jose Miranda
0281-081-18 Henry W. Shelton, Betty J. Shelton
0281-081-19 Kam Mie Nanney-Wong
0281-081-20 Kam Mie Nanney-Wong
0281-082-01 Juan P. Trujillo, Consuelo Y. Trujillo
0281-082-02 Juan P. Trujillo, Consuelo Y . Trujillo
0281-082-03 Pomona First Federal
Under Negotiation: Purchase price, terms & conditions
6. Pro peny Address: APN 0281-082-057
7.
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Vibhakerbhai Patel, property owner
Under Ne gotiation: Purchase price, terms & conditions
Pro perty Address: APN 0281-083-08
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Harold Luke, property owner
Under Ne gotiation: Purchase price, terms & conditions
8. Pro perty Address: APN 0281-081-01, 0281-081-02, 0281
-081-03
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Cecilia Moreno, property owner and
Robert Newman, property owner
Under Ne gotiation: Purchase price, terms & conditions
9. Pro perty Address: APN 0281-082-27, 0281-082-28
Ne gotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Kresten Jakobsen
Under Ne gotiation: Purchase price, terms & conditions
4 4/7/2003
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Robert Cravens v. Ci rv of San Bernardino -Workers' Compensation
Appeals Board Case No. SBR 0297920.
Under Agenda Item IB, significant exposure to litigation:
One claim involving former police officer Van Rossum.
Under Agenda Item IC, initiation of litigation:
Two potential cases of Ci cy of San Bernardino v . Valerie Po pe-Ludlam
and City of San Bernardino v. Eddie Ne grete.
Under Agenda Item ID, personnel:
City Engineer, Ray Casey.
Under Agenda Item IE, 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:
Agenda Item Nos. 22, 23, 24, 26, 27, 28, and 29.
Council Member/Commissioner Derry Arrived
At 3:00 p.m., Council Member/Commissioner Derry arrived at the Council/
Commission meeting.
Closed Session Announcement
City Clerk Clark announced that during closed session the following action had
been taken:
Motion made by Council Member/Commissioner Suarez, seconded by Council
Member/Commissioner Anderson, to approve the appointment of Ken Childress
as Director of Animal Control, effective May 22, 2003.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Longville, McGinnis, Suarez, Anderson,
Mccammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: Council Member/Commissioner Derry .
5 4/7/2003
Ms. Clark stated that the Council now needed to take action to approve the
salary for Mr. Childress.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the matter concerning approval of
salary for the Director of Animal Control arose subsequent to the posting of the
agenda.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Suarez, to approve a salary of $6,847 /month
($82,164 annually) for Ken Childress, Director of Animal Control.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
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 Jorge Carlos, Executive Assistant to the Council, followed
by the pledge of allegiance, led by Manuel Lopez, a fifth-grade student at Alessandro
School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families and requested a moment
of silence in remembrance of Harold Chandler, a long-time resident and educator in the
City of San Bernardino; Marcus M. Kaufman, a former associate justice of the
California Supreme Court, who practiced law in San Bernardino for 13 years; and City
employee Carolyn Stormes, who worked as a secretary in the City Administrator's
Office.
2. Appointments
There were no commission appointments.
6 4/7/2003
3. Proclamations & Presentations
Enrique Acuna, representing the office of Assemblyman John Longville, made a
presentation to each of this year's Women of Achievement recipients .
Mayor Valles presented a proclamation declaring the month of April as Fair
Housing Month to Monica Lopez of the Inland Mediation Board.
Mayor Valles read portions of a proclamation designating the week of April 6-
12, 2003, as National Victims' Week. The proclamation will be presented at a
later date to the Families and Friends of Murder Victims organization.
Patricia Nickols, founder of the Anthony J. Nickols, Jr. Foundation, accepted a
commendation on behalf of the foundation, which will sponsor a Walk for Life
on April 19 at Eisenhower High School to benefit the Candlelighters Childhood
Cancer Foundation.
A resolution of commendation was presented to San Bernardino Police Officer
Darren Means in recognition for his service above and beyond the call of duty
involving a case of identity theft.
Eloy and Joshua Martinez were presented certificates of recognition from Mayor
Valles and the office of Assemblyman John Longville for their heroism in
pulling Derek Estrada from his burning vehicle and saving his life.
Mayor Valles presented certificates to the Shooting Stars, a local soccer team of
girls, ages 11 to 12, who placed third in the Southern California Tri-Section
Championships last month in Temecula. Trophies were also presented to the
team coaches, Melanie Gehrke and Donna Clement.
Lemuel Randolph , Director of Parks, Recreation, and Community Services;
Lynn Merrill, Director of Public Services; Dennis Garrahan, City Arborist;
Kim Burgett, Parks Maintenance Supervisor; Lori Sassoon, Assistant to the City
Administrator, and Dan Ustation, Acting Parks Superintendent, were recognized
for developing a program which qualified the City to receive a Tree Planting
Grant award, which will provide a total of 870 trees to be placed over the next
two years in parks and public rights-of-way throughout the city.
Mayor Valles presented the following Employee Recognition Awards:
• The Fourth Quarter 2002 Customer Service Award was presented to Robert
Sepulveda, an Associate Engineer in the Development Services Deparment,
for his diligence and commitment "above and beyond the call of duty."
7 4/7/2003
• The 2002 San Bernardino Shines! Award was presented to David Gutierrez
of the City Clerk's Office for his exemplary service and attention to all
customers; in particular, those applying for a U.S. passport.
• The 2002 Together, We Can Award was presented to those City employees
involved in the "School of the Month" program, an interdepartmental and
external agency collaboration and partnership that is effective and efficient in
identifying issues, resources, and solutions that result in enhancing the
health, safety, and welfare of children as they travel to and from school.
Participating employees include: James Funk, Director of Development
Services; Lynn Merrill, Director of Public Services; Glenn Baude, Director
of Code Compliance; Ray Casey, Deputy Director/City Engineer,
Development Services Department; Nick Gonzalez, Assistant to the
Mayor/Community Liaison; Doug Dupree, Fire Marshall; Xavier Leon,
Street Superintendent; Arlington Rodgers, Solid Waste Manager; Tony
Lugo, Traffic Engineer Assistant III; and Lupe Camacho, Associate
Engineer.
• The 2002 Employee of the Year Award will be presented at the April 21
Council/Commission meeting to Mat Fratus, Training Officer in the Fire
Department.
4 . Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and representatives 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 Suarez , 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, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
8 4/7/2003
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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: March 3,
2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
7 . Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated March 13, 2003 from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
8 . Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated March 26, 2003, 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, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
9. RES. 2003-71 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San
Bernardino to represent the City in the case of Avila Construction, Inc., et
al. v. City of San Bernardino, et al.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
9 4/7/2003
Resolution No. 2003-71 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
10. RES. 2003-76 -A Resolution of the City of San Bernardino objecting to the
tax sale of properties with City assessments.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-76 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
11 . RES. 2003-77 -Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A resolution . . . prohibiting parking
upon certain designated streets, alleys, or portions thereof ... " to establish a
no parking any time zone on both sides of Belle Street between Fifth Street
and the end of Belle Street north of Fifth Street, except for the section on
the west side between four hundred feet north of Fifth Street and five-
hundred forty feet north of Fifth Street.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No . 2003-77 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
12. RES. 2003-78 -Resolution of the City of San Bernardino determining the
amount of property tax revenues to be exchanged between and among the
City of San Bernardino and the County of San Bernardino resulting from
the jurisdictional change described by LAFCO 2915 for three islands of
unincorporated territory generally located east of Central A venue, north of
Atlantic A venue.
City Attorney Penman stated that he would abstain on this matter because his
wife owns property in one of the unincorporated areas, and that Special Counsel
Sabo would advise on this matter, if necessary.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted .
4/7/2003
Resolution No. 2003-78 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
13. Authorization to proceed -proposed street name change -Pepper Linden
Drive as dedicated across various tracts and subdivisions and its proposed
extension to Campus Parkway
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Development Services be
authorized to proceed with the street name change of Pepper Linden Drive to
Campus Parkway, and that a public hearing to consider the matter be set for
May 5, 2003 at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
14. RES. 2003-72 -Resolution of the Mayor and Common Council of the City
of San Bernardino adopting an Implementation Plan in connection with the
San Bernardino International Trade Center Specific Plan of the Inland
Valley Development Agency (former NAFB properties).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No . 2003-72 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
15 . RES. 2003-73 -Resolution of the City of San Bernardino approving
Amendment No. 1 to the Services Agreement with Transtech Engineers,
Inc. for construction management, plan review and inspection services for
the renovation of the City's Historic Depot Project.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-73 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
11 4/7/2003
16. Authorize Change Order Nos. One and Two -contract with Solpac, Inc.
dba Soltek Pacific -San Bernardino Historic Santa Fe Depot Renovation
and Restoration Project -Plan No. 10446 -authorize increase of project
contingency fund
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Finance be authorized to
increase the project contingency fund by an amount of $250,000 from $480,000
to $730,000, utilizing the savings in construction management costs addressed in
another agenda item; that the Mayor and Common Council authorize the
execution of Change Order No. One to contract with Solpac, Inc . dba Soltek
Pacific in the amount of $41,373 for the San Bernardino Historic Santa Fe
Depot Renovation and Restoration Project, per Plan No. 10446, leaving a new
balance in the contingency of $688,627; and that the Mayor and Common
Council authorize the execution of Change Order No. Two to contract with
Solpac, Inc., dba Soltek Pacific in the amount of $658,194 for the San
Bernardino Historic Santa Fe Depot Renovation and Restoration Project, per
Plan No. 10446, leaving a balance in the contingency of $30,433.
The motion carried by the following vote:
Commissioners Estrada, Longville, McGinnis,
Mccammack. Nays: None. Absent: None.
Ayes: Council Members/
Derry, Suarez, Anderson,
17. RES. 2003-74 -Resolution authorizing an increase in the amount of the
existing annual purchase order to the County of San Bernardino 800 MHZ
Group for Police and Fire MDC user fees.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No . 2003-74 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
18. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Chief of Police to execute a Memorandum of
Understanding (MOU) agreement with the California Highway Patrol, San
Bernardino Area, regarding drug investigations originated by the California
Highway Patrol.
Note: The resolution was not included in the back-up materials.
12 4/7/2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the matter be continued to the
Council/Commission meeting of April 21, 2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19 . RES. 2003-75 -Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order to Adamson in the amount of
$23,920.50, Cal Olympic Safety in the amount of $5,952.61, Dyna Med in
the amount of $4,844.19, Safety West in the amount of $640.04 and Super
Nova in the amount of $12,807.38 to purchase Protective Equipment for the
Police Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-75 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
20. An Ordinance of the City of San Bernardino amending Section 5.04.497 of
the San Bernardino Municipal Code relating to seizure and hearings
regarding transient vendor merchandise. FIRST READING
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Anderson, that said ordinance be laid over for
final adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
21. An Ordinance of City of San Bernardino amending Section 9.90.0lO(A) of
the San Bernardino Municipal Code relating to authority to arrest and issue
citations. FIRST READING
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Anderson, that said ordinance be laid over for
final adoption.
13 4/7/2003
The motion carried by the following vote: Ayes: Council Members/
Commissioners Longville, Derry, Suarez, Anderson, Mccammack. Nays:
Council Members/Commissioners Estrada, McGinnis. Absent: None.
22. ORD. MC-1140 -An Ordinance of the City of San Bernardino amending
certain sections in Chapter 2.46 of the San Bernardino Municipal Code
entitled Disaster Council and declaring the urgency thereof. URGENCY
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Anderson, that said urgency ordinance be
adopted.
Ordinance No. MC-1140 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
23. An Ordinance of the City of San Bernardino amending certain sections in
Chapter 2.46 of the San Bernardino Municipal Code entitled Disaster
Council. 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, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
24 . RES. 2003-79 -Resolution of the City of San Bernardino authorizing the
execution of an agreement with the California Highway Patrol and the San
Bernardino Police Department regarding the Cargo Theft Interdiction
Program. (Continued from March 17, 2003)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Mccammack, that said resolution be adopted.
Resolution No. 2003-79 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
25. Item Deleted
14 4/7/2003
26. Request for joint meeting of the San Bernardino Disaster Council and the
Legislative Review Committee
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
27. Resolution of the Mayor and Common Council of the City of San
Bernardino requiring an emergency meeting when the San Bernardino
Disaster Council meets due to an emergency as defined in Section 2.46.020
of the San Bernardino Municipal Code.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
28. RES. 2003-80 -Resolution of the Mayor and Common Council of the City
of San Bernardino providing for the order of emergency succession to the
position of Mayor and Chairman of the San Bernardino Disaster Council.
29.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-80 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
RES. 2003-81 -Resolution of the Mayor and Common Council of the City
of San Bernardino providing for the appointment of a Mayor Pro Tempore
on a rotation basis and rescinding Resolution No. 94-134.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that said resolution be adopted.
Resolution No. 2003-81 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
15 4/7/2003
30. Initiate Development Code Amendment modifying Chapter 19.06
(Commercial Districts) of the San Bernardino Municipal Code
(Development Code) to permit drive-thru restaurants in certain areas of the
CR-3 (Commercial Regional-Tri-City/Club) Land Use District
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Suarez, that the Mayor and Common Council
approve initiation of a Development Code Amendment modifying Chapter 19. 06
(Commercial Districts) of the San Bernardino Municipal Code (Development
Code) to permit drive-thru restaurants in certain areas of the CR-3 (Commercial
Regional-Tri-City/Club) land use district. (Note: Since some of the Council
members did not have the back-up material, there was no vote taken, and the
matter was held over until the afternoon.)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve initiation of a Development Code Amendment modifying Chapter 19.06
(Commercial Districts) of the San Bernardino Municipal Code (Development
Code) to permit drive-thru restaurants in certain areas of the CR-3 (Commercial
Regional-Tri-City/Club) land use district.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
31. Authorize execution of subpoena for production of business records relative
to an audit of the City's Utility Users' Tax
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor be authorized to execute, and
the City Clerk to attest, the attached subpoena for the business records of T-
Mobile for the purpose of the City's Utility Users' Tax auditors, MBIA
MuniServices, conducting a compliance audit on said company on its collection
of the City's Utility Users' Tax.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
32. Public hearing -General Plan Amendment No. 02-08 -change land use
designation of approximately 6, 750 square feet from RU-1, Residential
Urban, to CG-1, Commercial General -south side of 9th Street
approximately 77 feet east of Medical Center Drive
16 4/7/2003
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 02-08 to the General Plan of the City of San Bernardino,
to amend the General Plan Land Use Designation from RU-1, Residential
Urban, to CG-1, Commercial General, for .15 acres located on the south
side of 9th Street approximately 77 feet east of Medical Center Drive.
Mayor/Chairman Valles opened the hearing.
City Planner Valerie Ross provided an overview of the staff report.
Council Member/Commissioner Anderson stated that she was opposed to the
general plan amendment--that she felt it would be a disservice to the adjacent
homeowners if a 99-cent store or similar establishment was placed at this
location.
Council Member/Commissioner Estrada also expressed opposition to the general
plan amendment as requested by the applicant.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Hung Nguyen, 25235 Cottage Street, Loma Linda, CA, architect for the
project, stated that they want to convert the property to something that will
better serve the community in a positive way.
Albert and Margarita Zaragoza, 1571 West Ninth Street, San Bernardino,
CA, expressed opposition to the project, stating that a commercial development
could create an unsafe environment and attract unsavory individuals. The
Zaragozas stated that they would like to see homes at this location.
In response to the comments made by the Zaragozas, Mr. Nguyen ascertained
that the neighborhood does not currently look nice, and what they are proposing
is a $500,000 building in order to better serve the community.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Mccammack, that the hearing be closed; that the Mayor
and Common Council deny General Plan Amendment No. 02-08 per the
recommendation of the Planning Commission and continue for two weeks for
Development Services to bring proposed Findings of Fact to the Council.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson,
Mccammack . Nays: Council Member/Commissioner Derry. Absent: None.
17 4/7/2003
COMMUNITY DEVELOPMENT COMMISSION ITEMS
Staff Present (Except for Item No. R33)
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney
Carlyle, Economic Development Agency Special Counsel Sabo and Executive Director
Van Osdel, City Clerk Clark. Absent: None.
R33. Public hearing -Amendment to 1993 City/Agency Verdemont Loan
Agreement -public hearing to consider a proposed increase to the
Verdemont Infrastructure fee (VIF)
Resolution of the Mayor and Common Council of the City of San
Bernardino revising Section 1 of Resolution No. 95-40 relating to the
amount of an infrastructure fee to be levied for right-of-way improvements
and/or public improvements within the Verdemont Area, and adopting the
Fourth (4 th) Amendment to the Engineer's Report. (R33A)
A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and approving the Mayor, or her designee, to
execute Amendment No. 1 to the January 15, 1993 Verdemont Loan
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino. (R33B)
A Resolution of the Community Development Commission of the City of
San Bernardino authorizing and approving the Agency Executive Director
to execute Amendment No. 1 to the January 15, 1993 Verdemont Loan
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino. (R33C)
Mark Sheppard, Director of Government Affairs, Baldy View Chapter of the
Building Industry Association of Southern California, Inc., submitted a letter
dated April 7, 2003, addressed to Mayor Valles, expressing opposition to the
fee as proposed.
City Attorney Penman advised that this item needed to be continued for two
weeks.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the matter be continued to the
Council/Commission meeting of April 21, 2003.
18 4/7/2003
The motion carried by the following vote: Ayes: Council Members/
Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCarnmack.
Nays: None. Absent: Council Member/Commissioner Estrada.
R34. Authorize execution of Change Order No. Three -contract with Fibrwrap
Construction, Inc. -seismic retrofit and repair of City's five-level parking
structure -Plan No. 10304-A
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
authorize execution of Change Order No. Three to contract with Fibrwrap
Construction, Inc. in the amount of $11,199.17 for seismic retrofit and repair of
City's five-level parking structure, per Plan No. 10304-A.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
R35. RES. 2003-82 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and approving the Mayor to execute
Amendment No. 1 to Contract No. 99-471 dated June 29, 1999, by and
between the County of San Bernardino ("County"), the City of San
Bernardino ("City"), and Provisional Educational Services, Inc. whereby
the County will grant ownership of properties located at 1680 and 1686
West 19 th Street, City of San Bernardino, to Provisional Educational
Services, Inc. for CDBG related activities.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-82 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
R36. State College Redevelopment Project Area Plan Amendment -Eminent
Domain -Request to schedule joint public hearing
RES. CDC/2003-9 -A Resolution of the Community Development
Commission of the City of San Bernardino (1) accepting the transmission of
the preliminary 2003 Eminent Domain Amendment to the State College
Redevelopment Plan (" Amendment"), the Initial Study for the Amendment
and (2) setting the joint public hearing date of May 19, 2003 at 7:00 p.m.
with the Mayor and Common Council to consider the Amendment
reinstating certain eminent domain powers and adoption of a Negative
Declaration. (R36A)
19 4/7/2003
RES. 2003-83 -A Resolution of the Mayor and Common Council of the City
of San Bernardino (1) accepting the transmission of the Preliminary 2003
Eminent Domain Amendment to the State College Redevelopment Plan
(" Amendment"), the Initial Study for the Amendment and (2) setting the
joint public hearing date of May 19, 2003 at 7:00 p.m. with the Community
Development Commission to consider the Amendment reinstating certain
eminent domain powers and adoption of a Negative Declaration.
(R36B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolutions A and B, be
adopted.
Community Development Resolution No . CDC/2003-9 and Council Resolution
No. 2003-83 were adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
37. Public Comments
John Stevens, 4097 Pershing Avenue, San Bernardion, CA, spoke regarding
the government's slashing of Veterans' benefits and the affect this will have on
veterans coming back from the war, as well as those currently receiving
benefits.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, read various
quotations from and submitted into the record a document entitled, On the
Cutting Edge of Mind Control Research for over 50 years Scientolo gy .
38. Adjournment
At 9: 17 p .m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Monday, April 21, 2003, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 38
No. of Hours: 6
20
By:
RACHELG. CLARK
City Clerk
~ e. J~J
Linda E. Hart;el
Deputy City Clerk
4/7/2003