HomeMy WebLinkAbout05-05-2003 Jt Reg Mtg Minutes - MCCMTNT TTFS
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 5, 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, May 5, 2003, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, Deputy
City Clerk Medina, 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):
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 00-030413;
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez,
et al. - United States District Court Case No. EDCV 02-142 RT
(SGLx);
In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation -
Case No. RS 02-18493 MG.
5/5/2003
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.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
Citv of San Bernardino v. Freddie Curlin, Valerie Pope -Ludlam, Eddie
Negrete, Al Steward and Gil Lara
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Appointment
Human Resources Director
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
2. Agency Negotiator:
Lori Sassoon, Acting Human Resources Director
Employee Organization:
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property Address: APN 0281-082-057
Negotiating Parties: Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and
Vibhakerbhai Patel, property owner
2 5/5/2003
Under Negotiation
2. Property Address:
Negotiating Parties:
Under Negotiation:
Purchase price, terms & conditions
APN 0281-091-39
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and JAKS,
L.L.C, property owner
Purchase price, terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
City of Rancho Cucamonga, et al. v. Regional Water Quality Control Board,
Santa Ana Region, et al. - San Bernardino Superior Court Case No. RCV
071613;and
Inland Protective Services, et al. v. City of San Bernardino, et al. - United
States District Court Case No. CV 02-8383 AHM (AJWx).
Under Agenda Item No. 1B, Significant Exposure to Litigation:
A brief explanation of the City's position and what the law says with reference
to an article in the newspaper regarding the dispute between the San Manuel
Band of Mission Indians and their neighbors and a comment in the paper saying
the residents may sue the City.
Senior Assistant City Attorney Carlyle announced that three additional
properties would be discussed under Agenda Item No. 1G, Conference with
Real Property Negotiator, as follows:
1. Property Address: APN 0281-081-09
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Douglas Nelson, property owner
Under Negotiation: Purchase price, terms & conditions
3 5/5/2003
2. Property Address: APN 0281-081-14
Negotiations Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Estefani Liaou, property owner
Under Negotiation: Purchase price, terms & conditions
3. Property Address: APN 0281-081-18
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Henry Shelton, property owner
Under Negotiation: Purchase price, terms & conditions
Closed Session Announcement
Deputy City Clerk Medina announced that during closed session the Mayor and
Common Council had approved the appointment of Lynn Livingston to the position of
Human Resources Director; and would now take action to approve Ms. Livingston's
salary.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, to approve a salary of $9,449/month for Lynn
Livingston, the new Director of Human Resources.
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 and supplemental agendas 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 Brian Moon and Jennifer Crespo, fifth grade
students at Bradley Elementary School.
2. Appointment - Manuel Moreno, Jr. - Civil Service Board - Mayor Vanes
(See related Item No. S1, page 19)
4 5/5/2003
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the appointment of Manuel Moreno, Jr. to
the Civil Service Board, as requested by Mayor/Chairman Valles, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
A proclamation designating the week of May 11-17, 2003, as National Nursing
Home Week in the City of San Bernardino was presented to Patty Webster,
Activities Director at Country Villa Hacienda Health Care.
Mayor Valles presented certificates of recognition to several students from San
Bernardino High School who are members of her College Bound Mentoring
Program.
4. Announcements
Announcements were made by the Mayor, members of the 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 McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that full reading of the resolutions and
ordinance on the regular and supplemental agendas of the Mayor and Common
Council/Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Claims & Payroll
Council Member/Commissioner McCammack 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 April 23,
2003 from Barbara Pachon, Director of Finance, be approved.
5 5/5/2003
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions (See related Item No. S2, page 20)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the personnel actions as submitted by the
Chief Examiner dated April 30, 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.
8. RES. 2003-100 - Resolution of the Mayor and Common Council authorizing
Amendment No. 1 to the revocable license of the Southern California Gas
Company and extending the term to September 30, 2003.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-100 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
9. Waive Temporary Use Permit (TUP) fee - Our Lady of Assumption Church
- Family Fun Fair - May 18, 2003
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the request from Our Lady of
Assumption Church for a waiver of the Temporary Use Permit fee in the
amount of $690.19 in connection with their Family Fun Fair at Our Lady of
Assumption Church on May 18, 2003, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. Waive Temporary Use Permit (TUP) fee - Inland Behavioral and Health
Services, Inc. - 3" Annual Health Fair - June 28, 2003
6 5/5/2003
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the request from Inland
Behavioral and Health Services, Inc. for a waiver of the Temporary Use Permit
fee in the amount of $351 in connection with their 3`d Annual Health Fair to be
held on June 28, 2003, at the Whitney Young Family Health Clinic, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. Designate Voting Delegate - Special Meeting of the League of California
Cities General Assembly - May 15, 2003 - Sacramento, CA
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that Council Member McCammack be
designated as the City's voting representative for the special meeting of the
League of California Cities General Assembly to be held May 15, 2003 in
Sacramento, California.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Deputy City Clerk Medina pointed out that the Council also needed to designate
an alternate voting representative.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that Agenda Item No. 11 be
reconsidered.
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 Anderson, that Council Member/Commissioner
McGinnis be designated as the alternate voting representative for the special
meeting of the League of California Cities General Assembly to be held May
15, 2003 in Sacramento, California.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7 5/5/2003
12. Authorize Change Order No. One - contract with Nikola Construction
Corporation d.b.a. Nikola Corporation - sewer improvements in Court
Street between "E" Street and "D" Street - Plan No. 10561 - authorize
Director of Finance to amend the FY 02/03 Capital Improvement Projects
budget
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
authorize the Director of Finance to amend the FY 02/03 budget by
appropriating $50,000 from the Sewer Line Construction Fund's available fund
balance to Account No. 245-365-5504-7314 (Court Street Sewer Main
Replacement from "E" Street to "D" Street); and that the Mayor and Common
Council authorize the execution of Change Order No. One in the amount of
$50,565.27 to contract with Nikola Construction Corporation, d.b.a. Nikola
Corporation for sewer improvements on Court Street between "E" Street and
"D" Street per Plan No. 10561.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2003-101 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer a grant in the amount of
$158,378.00 from California Department of Education for the
administration of the Summer Food Service Program for Youth.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-101 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
14. RES. 2003-102 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract with Arrow
Power Sweeping, Inc. for parking lot sweeping services for the Carousel
Mall and the Five -Level Parking Structure in the amount of $59,000.00.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
8 5/5/2003
Resolution No. 2003-102 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
15. An Ordinance of the City of San Bernardino amending Section 6.08.140(C)
(2) of the San Bernardino Municipal Code relating to the licensing of dogs
at the dog park. FIRST READING
Council Member/Commissioner Longville made a motion that said ordinance be
laid over for final adoption.
City Attorney Penman pointed out that his office had refused to sign off on this
ordinance —that the present ordinance works just fine and it would be impossible
for the City to enforce the ordinance as proposed.
Council Member/Commissioner Longville withdrew her motion.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be referred back to the
Animal Control Commission and the Parks and Recreation Commission for
further study.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Deputy City Clerk Medina Administers Oath
Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath
to all individuals speaking on Agenda Item Nos. 16-20 that they would provide true and
honest testimony.
16. Appeal - City Clerk's decision to deny fireworks application - The
Gathering Place Church
Mayor/Chairman Valles opened the hearing.
Cindy Buechter, Business Registration Supervisor, stated that the subject
application had been denied because the principal and permanent meeting place
for The Gathering Place Church was not within the corporate limits of the City
per San Bernardino Municipal Code (SBMC) 8.60.050.
Larry Lee, 1699 Sheridan Road, San Bernardino, CA, pastor of The Gathering
Place Church, stated that the church has been located in San Bernardino for 22
years, they have sold fireworks for the last 16 years, and all of the money from
9 5/5/2003
their fireworks sales goes directly or indirectly to the City of San Bernardino.
He added that when they moved to their new location two years ago they were
not initially aware that it was not located in the City; and in fact had sold
fireworks during the two years since the move.
Bill Baumgartner, 169 N. Linden Avenue, Bloomington, CA, Blockbuster
Fireworks, requested that the Mayor and Council adhere to the Municipal Code
and uphold the decisions made by the City Clerk's Office regarding all five
appeals. He stated that it would not be fair to those organizations who fulfilled
all of the requirements and were selected to participate in the fireworks program
(one of which had tried for eight years) to be "bumped out" if the appeals were
granted.
Discussion ensued regarding the extenuating circumstances surrounding the
move of The Gathering Place Church into a County pocket which is surrounded
by the City of San Bernardino; and the fact that they had moved to this location
two years prior and had still been allowed to sell fireworks the past two years.
It was noted, however, that granting the appeal would only serve to open
Pandora's box; and although some of the Council/Commission members were
sympathetic to the church's situation, they could not justify granting the appeal.
City Attorney Penman pointed out that the way the ordinance reads, the Council
had no discretion in this matter.
Council Member/Commissioner Derry noted that the City had held the lottery
before they allowed for the appeals, which created a very difficult situation. He
stated that he understood the timing issue and the need to quickly adopt
legislation which would be effective this year; however, it had become
problematic and he hoped this would be addressed next year.
It was noted that the church could annex into the City if they so desired; and
Council Member/Commissioner Suarez stated that he would like to recommend
that The Gathering Place Church be given priority when and if that area does
become part of the City.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that the Mayor
and Common Council uphold the City Clerk's decision to deny the fireworks
application submitted by The Gathering Place Church.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Suarez, Anderson, McCammack. Nays:
Council Members/Commissioners McGinnis, Derry. Absent: None.
10 5/5/2003
17. Appeal - City Clerk's decision to deny fireworks application - Del Rosa
Apostolic Church
Mayor/Chairman Valles opened the hearing.
Cindy Buechter, Business Registration Supervisor, stated that the subject
application had been denied because the principal and permanent meeting place
for the Del Rosa Apostolic Church was not within the corporate limits of the
City per San Bernardino Municipal Code (SBMC) 8.60.050.
Donna Perry Flores, representing Pastor Felipe Lugo, advised that many of
their members are city residents and have participated in many city programs
and activities, and that the funds would be used to create additional programs
for the children.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that the Mayor
and Common Council uphold the City Clerk's decision to deny the fireworks
application submitted by the Del Rosa Apostolic Church.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Suarez, Anderson, McCammack. Nays:
Council Members/Commissioners McGinnis, Derry. Absent: None.
18. Appeal - City Clerk's decision to deny fireworks application - CHP Widows
and Orphans
Mayor/Chairman Valles opened the hearing.
Cindy Buechter, Business Registration Supervisor, stated that the subject
application had been denied because proof of nonprofit status had not been
submitted per SBMC 8.60.0301); the preliminary Fireworks Financial Statement
was not complete per SBMC 8.60.030F; and the number of bona fide members
had not been submitted per SBMC 8.60.050B.
Ms. Buechter stated that in their appeal they stated that they have demonstrated
that they are a nonprofit organization and they shed a positive light by providing
for the care and welfare of CHP widows and orphans.
Mark Gassman, American Promotional Events, Inc., 5921 Via Santana, Yorba
Linda, CA, advised that the subject organization had updated their paperwork
and articles of incorporation.
11 5/5/2003
Ms. Buechter stated that she had not seen the updated paperwork, but in order
to qualify an organization must be an established nonprofit organization for a
minimum of one year in the City of San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that the Mayor
and Common Council uphold the City Clerk's decision to deny the fireworks
application submitted by the CHP Widows and Orphans.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack.
Nays: Council Member/Commissioner Derry. Absent: None.
19. Appeal - City Clerk's decision to deny fireworks application - San
Bernardino Colt Palomino Organization
Mayor/Chairman Valles opened the hearing.
Cindy Buechter, Business Registration Supervisor, stated that the subject
application had been denied because proof of nonprofit status had not been
submitted per SBMC 8.60.030D.
Ms. Buechter advised that in their appeal they stated that they are a baseball
league for children ages 13-17 and that 75-80 percent of the children are from
San Bernardino. She added that the appeal did not include proof of nonprofit
status.
Mark Gassman, American Promotional Events, Inc., 5921 Via Santana, Yorba
Linda, CA, stated that the organization does not organize until after May 1 of
each year.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that the Mayor
and Common Council uphold the City Clerk's decision to deny the fireworks
application submitted by the San Bernardino Colt Palomino organization.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack.
Nays: Council Member/Commissioner Derry. Absent: None.
20. Appeal - City Clerk's decision to deny fireworks application - San
Bernardino County Raiders Booster Club
Mayor/Chairman Valles opened the hearing.
12 5/5/2003
Cindy Buechter, Business Registration Supervisor, stated that the subject
application had been denied because proof of nonprofit status had not been
submitted per SBMC 8.60.030D.
She advised that in their application for appeal the organization did not state any
grounds for the appeal —they simply submitted a letter which listed the
organizations supported by their fireworks revenues.
Chris Gallegos, 7245 Devon Avenue, Highland, CA, president of the San
Bernardino County Raiders Booster Club, stated that the club consists of 67
families, approximately half of which live and vote in San Bernardino, who are
trying to help as many people in the community as they can.
Council Member/Commissioner Anderson reiterated her reasons for proposing
denial of the appeals, including the fact that if one of the organizations was
granted its appeal and added to the list of organizations permitted to sell
fireworks, it would mean denying the opportunity to sell fireworks to an
organization which had met all the requirements in a timely manner.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that the Mayor
and Common Council uphold the City Clerk's decision to deny the fireworks
application submitted by the San Bernardino County Raiders Booster Club.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack.
Nays: Council Member/Commissioner Derry. Absent: None.
21. Public hearing - authorize street name change - from Pepper Linden Drive
to Campus Parkway, as dedicated across various tracts and subdivisions
and its proposed extension to Northpark Boulevard
RES. 2003-104 - Resolution of the City of San Bernardino changing the
name of Pepper Linden Drive as dedicated across various tracts and
subdivisions and its proposed extension to Campus Parkway in the City of
San Bernardino.
Mayor/Chairman Valles opened the hearing.
James Funk, Director of Development Services, provided an overview of the
staff report.
No public comments were received.
13 5/5/2003
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commission Anderson, that the public hearing relative to the street
name change from Pepper Linden Drive, as dedicated across various tracts and
subdivisions and its proposed extension to Campus Parkway, be closed; and that
said resolution be adopted.
The motion carried and Resolution No. 2003-104 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
22. Public hearing - Resolutions of Necessity - acquisition of real property (3
parcels) by eminent domain - extension of Campus Parkway (formerly
referenced as Pepper Linden Drive) north of Kendall Drive
Resolution of the City of San Bernardino finding and determining that the
public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek
Flood Control Channel, known as Assessor's Parcel Number 0261-231-06,
relative to the extension of Campus Parkway, formerly referenced as
Pepper Linden Drive in San Bernardino. (22A)
Resolution of the City of San Bernardino finding and determining that the
public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek
Flood Control Channel, known as Assessor's Parcel Number 0261-231-07,
relative to the extension of Campus Parkway, formerly referenced as
Pepper Linden Drive in San Bernardino. (22B)
Resolution of the City of San Bernardino finding and determining that the
public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek
Flood Control Channel, known as Assessor's Parcel Number 0261-231-27,
relative to the extension of Campus Parkway, formerly referenced as
Pepper Linden Drive in San Bernardino. (22C)
Note: The resolutions were not distributed with the backup materials.
Mayor/Chairman Valles opened the hearing.
City Attorney Penman advised that the matter was not ready and would need to
be continued to the next meeting.
14 5/5/2003
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of May 19, 2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with Engineering
Resources of Southern California, Inc. for Professional Engineering
Services for the design of proposed replacement of sanitary sewer lines in
Grant Avenue, from "I" Street to Bunker Hill; in 3r1 Street, from "G"
Street to Wh Street; and in Sepulveda Avenue, from 4" Street to 5`h Street.
(Continued from April 21, 2003)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that all proposals be rejected and that
staff conduct a new RFP process.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2003-103 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Chief of Police to execute a
Memorandum of Understanding (1VI0U) agreement with the California
Highway Patrol, San Bernardino Area, regarding drug investigations
originated by the California Highway Patrol. (Continued from April 21,
2003)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-103 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
25. League of California Cities video presentation regarding the State budget -
"Cloudy Skies Over California Cities"
The League of California Cities video entitled, "Cloudy Skies Over California
Cities" was presented during the Council/Commission meeting to inform
residents about the State budget crisis.
15 5/5/2003
Community Development Commission
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Derry, Anderson,
McCammack; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina,
Economic Development Agency Special Counsel Sabo and Executive Director Van
Osdel. Absent: Council Members/Commissioners Longville, McGinnis, Suarez.
R26. Public hearing - HUB Project Relocation Plan - Phase II
RES. CDC/2003-15 - A Resolution of the Community Development
Commission of the City of San Bernardino approving and adopting a
Relocation Plan for the HUB Project (Phase II).
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Economic Development Agency Executive Director, provided
an overview of the staff report.
No public comments were received.
Council Member/Commissioner Anderson 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. CDC/2003-15 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Derry,
Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Longville, McGinnis, Suarez.
Council Members/Commissioners Longville & McGinnis Returned
At 7:06 p.m., Council Members/Commissioners Longville and McGinnis returned to
the Council/Commission meeting.
R27. HUB Project
RES. CDC/2003-16 - A Resolution of the Community Development
Commission of the City of San Bernardino referring certain properties to
the Inland Valley Development Agency for acquisition pursuant to that
certain 1999 Redevelopment Cooperation Agreement, dated July 12, 1999,
regarding the HUB Project and approving other actions in connection
therewith (Phase II). (R27A)
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RES. CDC/2003-17 - A Resolution of the Community Development
Commission of the City of San Bernardino approving the form of and
authorizing the execution of an agreement for relocation services between
the Redevelopment Agency of the City of San Bernardino and Pacific
Relocation Consultants (HUB Project Phase II). (R27B)
RES. CDC/2003-18 - A Resolution of the Community Development
Commission of the City of San Bernardino approving the form of and
authorizing the execution of an agreement for land acquisition services
between the Redevelopment Agency of the City of San Bernardino and
Cutler & Associates, Inc. (HUB Project Phase II). (R27C)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A-C be adopted.
Resolution Nos. CDC/2003-16, CDC/2003-17, and CDC/2003-18 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Suarez.
R28. Authorize Change Order No. Five - contract with Fibrwrap Construction,
Inc. for seismic retrofit and repair of City's five -level parking structure, per
Plan No. 10304-A.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common
Council authorize execution of Change Order No. Five to contract with
Fibrwrap Construction, Inc. in the amount of $20,821.05 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, Anderson, McCammack.
Nays: None. Absent: Council Member/Commissioner Suarez.
R29. RES. 2003-105 - A Resolution of the Mayor and Common Council of the
City of San Bernardino declaring that there is a need to create a City
Housing Authority in the Community ("San Bernardino City Housing
Authority") and declaring the Mayor and Common Council to be
commissioners of the San Bernardino City Housing Authority.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
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Resolution No. 2003-105 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
R30. RES. 2003-106 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the results of an election of Project Area
Committee Members and finding that all applicable procedures were
followed in the election of the Project Area Committee for the Uptown
Redevelopment Project.
Council Member/Commissioner McCammack stated that she would abstain on
this matter because she owns property in the Uptown Redevelopment Project
area.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2003-106 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: Council Member/Commissioner Suarez.
31. Public Comments
Tom Gronewald, 242 East 36' Street, San Bernardino, CA, spoke regarding
the Inland Empire Chaplaincy program and his removal from his position as
president of the organization.
Council Member/Commissioner McCammack Excused
Council Member/Commissioner McCammack declared a conflict and excused herself
because the ensuing comments were regarding the San Manuel Band of Mission
Indians, one of her business clients.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, presented his plan to
expand the San Manuel Band of Mission Indians gambling establishment to the
Orange Show facility.
The following individuals spoke in opposition to the plans of the San
Manuel Band of Mission Indians to expand their gambling facility at its
present location, citing problems relative to traffic, dust, noise, solicitation,
drugs and drug paraphernalia:
Gary Wheeler, 3134 Yuma Drive, San Bernardino, CA;
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Rheba Hewitt, 2805 E. Mirada Road, San Bernardino, CA, who requested that
the City help stop the federalization of the land and install noise mitigation on
Victoria;
Nick Gonzales, 5655 Belvedere, San Bernardino, CA, president of the
Belvedere Neighborhood Association, who submitted a letter dated May 5,
2003, addressed to the Mayor and Council regarding the casino expansion and
expressed disappointment that the Mayor had not met with the residents
regarding this matter;
Gregg Gridley, 5970 Stanton Avenue, Highland, CA;
Wes Tate, 2994 Havasu Court, Highland, CA;
Dave Rumpf, 3179 Valaria Drive, Highland, CA;
Edward Celis, 26190 Edgemont Drive, Highland, CA,
Moses Tey, 2905 Mirada Road, Highland, CA;
Mary Christian, 2970 Los Feliz Drive, Highland, CA, who suggested the tribe
buy all the homes in her tract and use the land for the expansion;
Sonya Scheffler, 3138 Rockford Avenue, Highland, CA.
Mayor Valles stated that she and City Attorney Penman had met with the tribe
and had identified the very things the residents had been discussing in their
comments. She advised that contrary to what the residents had read in the
newspaper, neither she nor Mr. Penman had approved the expansion; and she
was confident a great deal of mitigation would be forthcoming.
City Attorney Penman provided background information on the tribe, noting that
they are a sovereign nation and have complete autonomy. He advised that the
federalization of the land has already been completed, and provided answers and
explanations to many of the questions and concerns posed by the residents.
The mayor and city attorney acknowledged that another meeting with the tribe
was scheduled for the following week and some time after that meeting they
would meet with the residents in order to provide them with as much
information as possible.
Nick Gonzales of the Belvedere Neighborhood Association thanked the mayor
and city attorney, stating that thus far the residents had not been able to meet
with either the mayor or the tribe and they would like the opportunity to do so.
S 1 Appointment - Curtis Stout - Civil Service Board - Mayor Valles (See
related Item No. 2, page 4)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the appointment of Curtis Stout to the Civil
Service Board, as requested by Mayor/Chairman Valles, be approved.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
S2. Approve hiring - City Attorney Investigator/Special Projects (Part-time) -
from May 6, 2003 through June 30, 2003 - no benefits/$32 per hour - to
enforce the City of San Bernardino's Municipal Code relating to transient
vendors (See related Item No. 7, page 6)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the City Attorney to hire a part-time city attorney investigator for the
period May 6, 2003 through June 30, 2003, with no benefits, at $32 per hour,
for the purpose of enforcing the City of San Bernardino's Municipal Code
relating to transient vendors; authorize the Director of Finance to effect a budget
amendment transferring $4,200 in savings from Account No. 001-073-5502
(Code Compliance Professional Services - CDBG) to Account No. 001-051-
5014 (City Attorney's Office - Part-time Hiring); authorize the establishment of
one (1) position of City Attorney Investigator/Special Projects (Part-time),
Range PT, $32.00/hour; and direct the Human Resources Department to update
Resolution 6413, Section 13, to reflect this action.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
32. Adjournment
At 8:29 p.m. the meeting was adjourned to 9:00 a.m., Tuesday, May 13, 2003,
in the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California, to discuss and take possible action concerning
Community Development Block Grant (CDBG), Section 108 Loan, Emergency
Shelter Grant (ESG), and HOME Programs 2003/2004 appropriations.
No. of Items: 34
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By: e. A"i
Linda E. Hartzel
Deputy City Clerk
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