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HomeMy WebLinkAbout05-19-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 19, 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 Pro Tem/Acting Chairman Estrada at 1:33 p.m., Monday, May 19, 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 Pro Tem/Acting Chairman Estrada; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, Acting City Administrator Baude. Absent: Mayor/Chairman Valles. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): The Redlands Association v. City of San Bernardino and its Municipal Water Department - San Bernardino Superior Court Case No. SCVSS 096182. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. 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. 1 05/ 19/2003 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: 2 3. Property Address 532 N. "D" Street APN 0134-081-10, 081-23 0134-081-22, 0134- Negotiating Parties:. Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Stan Robbins on behalf of Rainy Scheider, developer Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-091-39 NegotiatinR,_Parties. Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and JAKS, L.L.C, property owner Under Negotiation Property Address: Negotiating Parties: Under Negotation: Purchase price, terms & conditions HUB Properties Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency 0281-081-09 Douglas R. Nelson 0281-081-14 Estefani Liaou 0281-081-16 Francisco Perpuly 0281-081-18 Henry W. Shelton, Betty J. Shelton 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong Purchase price, terms & conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Ronald Van Rossum v. City- of San Bernardino - Workers Compensation Appeals Board Case Nos. SBR 0306698 and SBR 0306696; 2 05/19/2003 Michelle Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 VAP; and Steven L. Filson v. City of San Bernardino, et al. - United States District Court Case No. CV 03-2948 DDP. Under Agenda Item No. 1B, significant exposure to litigation: A newspaper article regarding the neighbors of the San Manuel Band of Mission Indians' casino who indicated they were going to sue the City. Under Agenda Item No. 1C, initiation of litigation: City of San Bernardino v. Katherine Houston, Brenda Hollis, and Kathleen Straker, to recover amounts paid. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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 Sister Marita Beumer of St. Bernardine's Catholic Church, followed by the pledge of allegiance, led by Andrew Mewborn, a fifth grade student from Ramona Alessandro School. 2. Appointments - Timothy J. Martin - Fine Arts Commission - Lenore H. Schon - Human Relations Commission - Council Member/Commissioner Derry Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Derry, that the appointments of Timothy J. Martin to the Fine Arts Commission and Lenore H. Schon to the Human Relations Commission, as requested by Council Member/Commissioner Derry, 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 05/19/2003 3 0 5. Proclamations & Presentations A Certificate of Recognition was presented to Larry Sharp, President and CEO of Arrowhead Credit Union, on receiving the Southern California Association of Governments' 2003 Regional Citizen of the Year Award. A proclamation designating the month of May as "Law Enforcement Month" was accepted by Jack Hill, President of the San Bernardino Area Chamber of Commerce. Brian Morris of the Exotic Newcastle Disease Task Force presented a status report on the efforts being made to fight the disease in the local area. David Pruitt, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Pro Tem/Acting Chairman Estrada in recognition of their many years of dedicated service to the City: Name Joyce Gossman Jane Sneddon Edward Burdick, Jr John Payan Catherine Hull Michael Billdt Martha Corral David Dillon William Flesher David Rosas Announcements Department Animal Control City Clerk Fire Fire Parks, Recreation & Community Services Police Police Police Police Police Years of Service 5 25 30 15 15 25 5 20 25 20 Announcements were made by Mayor Pro Tem/Acting Chairman Estrada, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 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. 4 05/19/2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 6. 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 May 5, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 7. 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 May 13, 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, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 8. RES. 2003-107 - Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino's Primary Election be consolidated with the November 4, 2003 Consolidated Election conducted by the County of San Bernardino. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-107 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 5 05/19/2003 9. Authorization to proceed - sale of City property located at the southwest corner of 7`h Street and Harris Street 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 sale of City property, generally located at the southwest corner of 7' Street and Harris Street in the City of San Bernardino. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 10. RES. 2003-108 - Resolution of the City of San Bernardino authorizing the Police Department to apply for and accept a Homeland Security Overtime Program (HSOP) grant from the U.S. Department of Justice, COPS Office. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-108 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 11. Public hearing - Resolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive (Continued from May 5, 2003) RES. 2003-109 - 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. (11A) RES. 2003-110 - Resolution of the City of San Bernardino fording 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. (11B) 6 05/19/2003 RES. 2003-111 - 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. (11C) Mayor Pro Tern/Acting Chairman Estrada opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Aldona McGrew, 2358 Kendall Drive, San Bernardino, CA, voiced her concerns about the increased traffic and stated that she and her husband would be left with a non - buildable piece of commercial property. She requested that the City consider purchasing all of their property. Council Member McCammack questioned whether the City had considered purchasing the entire parcel. Mr. Grubbs, Acting City Engineer, stated that they only needed a particular portion of the parcel for the road. Council Member/Commissioner McCammack questioned whether Mr. and Mrs. McGrew could get some assurance that they would be compensated appropriately for their property. City Attorney Penman stated that he didn't know where the road was going to be located in relationship to the commercial property or if the property owners would have access to the road. Mrs. McGrew stated that the City was going to take a corner off the front of their property and that it would not be feasible to build on it. She also stated that she was told there were no plans to provide landscaping. Staff suggested that the matter be continued until 7 p.m. so that they could determine how much of the land would be buildable. The Mayor Pro Tern and the Common Council approved staff's suggestion. Mr. Grubbs confirmed that landscaping of the parkway was part of the project and that a letter had been sent to Mr. and Mrs. McGrew on January 29, 2003, informing them that they would receive access to their residence from Campus Parkway. He stated that if the land was sold and developed as a commercial parcel, they would have access from both Campus Parkway and Kendall Drive. 7 05/ 19/2003 Mr. Grubbs indicated that the total parcel size was 70,600 square feet and the total amount of area of the take was 27,016 square feet, which would leave a 43,584 square foot parcel. Mr. Grubbs indicated that the land was developable as a commercial parcel, but that some grading would be required in the area because there was a slope. He noted that the appraised value of the parcel was $96,080, which would probably be the starting point for the City's offering of the value of the parcel. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Derry, that the public hearing relative to partial acquisition of right of way, slope and drainage easement for APN 0261-231-06 (McGrew), be closed; that the public hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-07 (Haensly), be closed; that the public hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis), be closed; and that said resolutions A-C, be adopted. The motion carried and Resolution Nos. 2003-109, 2003-110 and 2003-111 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: Council Member/Commissioner McCammack. Absent: None. 12. Request for continuance - resolution approving Final Map for Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from January 21, 2003) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Final Map for Tentative Tract No. 14112 be continued to the Council/Commission meeting of August 18, 2003; and that the developers and/or owners of the property be present at the meeting to answer questions. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 13. Public hearing - Development Code Amendment No. 03-03 pertaining to second dwelling units An ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts) of the San Bernardino Municipal Code (Development Code) related to second units. FIRST READING Mayor Pro Tem/Acting Chairman Estrada opened the hearing. Valerie Ross, City Planner, reviewed highlights of the staff report. 8 05/19/2003 Council Member/Commissioner McCammack wanted to ensure that the public was aware that the "second units" referred to in this ordinance did not include RVs, motor homes, travel trailers, or mobile homes. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 14. Set dates and times for FY 2003/04 budget deliberations Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council set the following dates for deliberation of the FY 2003/04 City/EDA Budgets to be held in the EDA Boardroom: Thursday, June 12, 2003, from 5:30 to 9:00 p.m.; Thursday, June 19, 2003, from 2:00 to 5:30 p.m.; Thursday, June 26, 2003, from 2:00 to 5:30 p.m.; and Monday, June 30, 2003, from 5:30 to 9:00 p.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez. Nays: Council Members/Commissioners Estrada, Anderson, McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor Pro Tem/Acting Chairman Estrada; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, Acting City Administrator Baude. Absent: Mayor/Chairman Valles. R15. Public hearing - State College Redevelopment Project Area Plan Amendment - enunent domain - request to schedule joint public hearing Mayor Pro Tem./Acting Chairman Estrada opened the hearing. 9 05/19/2003 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Larry Baker, 3604 Canyon Terrace Drive, San Bernardino, CA, made comments regarding eminent domain. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission of the City of San Bernardino continue the May 19, 2003, joint public hearing to the Council/Commission meeting of June 2, 2003, at 7:00 p.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council of the City of San Bernardino continue the May 19, 2003, joint public hearing to the Council/Commission meeting of June 2, 2003, at 7:00 p.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R16 Public hearing - sale of surplus Water Department property located at the northwest corner of University Parkway and Northpark Boulevard by the City to the Redevelopment Agency for subsequent sale to the J.R. Watson & Associates Development Company Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino approving the purchase of certain property from the City of San Bernardino and the disposition of said property to J. R. Watson & Associates Development Co. and approving that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co. (R16A) Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Purchase and Sale Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino relating to property located at the northwest corner of University Parkway and Northpark Boulevard in the City of San Bernardino. (R16B) Note: The resolutions were not distributed with the backup material. 10 05/19/2003 Mayor Pro Tem/Acting Chairman Estrada opened the hearing. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the public hearing be continued to the Council/Commission meeting of June 2, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. Public Comments Billy James and Mike McCoy,VFW Post 1744, 1541 W. 24"' Street, San Bernardino, CA, announced that a rally for the troops called "GI Phone Home," would be held on June 7, 2003, from 12 p.m. to 4 p.m., at Perris Hill Park. They stated that the proceeds from this event would go to "Operation Uplink," and would provide phone time for soldiers serving in the Middle East. Craig Conant, 875 W. 56' Street, San Bernardino, CA, proposed a plan to help rebuild the City of San Bernardino's "Arrowhead." John Tucker, 9798 Beech Avenue, Fontana, CA, president of the mid -management unit of the San Bernardino Public Employees Association, stated that they were willing to work with the City to resolve the budget crisis; however, he felt it should include all the bargaining units and the residents of the City. George Newlin, 657 Grovewood Street, Bloomington, CA, stated that bad times as well as good must be shared by all the bargaining units and the residents of the City. Tom Ramsey, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, stated that they have met with City representatives regarding the projected $7 million general fund deficit for 2003/2004, which was a result of the increased cost of the Public Employees Retirement System to the City. He indicated that several ideas were brought forward to help reduce the deficit, but he stated that no group should be excluded from sharing the burden and the citizens have to realize that the City has less to work with and they should not expect the same level of service. Teresa Flores -Lopez, 1472 W. 4"' Street, San Bernardino, CA, thanked the City for approving the "no parking" restrictions on Fourth Street. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, voiced his concerns about the City's pothole problem. 11 05/ 19/2003 18. Adjournment At 7:22 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, June 2, 2003, in the Council Chambers of City Hall, 300 North "D" Street. The public portion of the meeting will begin at 3:00 p.m. No. of Items: 18 No. of Hours: 3.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 12 05/19/2003