Loading...
HomeMy WebLinkAbout07-09-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 9, 2001 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/Chairwoman Valles at 8:16 a.m., Monday, July 9, 2001, 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/Chairwoman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Schnetz. 1. Closed Session Pursuant to Government Code Sections: A. Conference with legal counsel - extstmg litigation - pursuant to Government Code Section 54956.9(a): Stubblefield Construction Company and Stubblefield Properties v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 252058; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 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 - allticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 1 7/9/2001 D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -. pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Negotiator: Ed Raya, Director of Human Resources Employee Organizations: General Unit & Mid-Management, San Bernardino City Public Employees' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Mary Armendarez v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 65936; Jonathan Smith v. City of San Bernardino, el al. - United States District Court Case No. CV98-1990 GAF (CTx). Readinl: of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Council Member/Commissioner Schnetz Arrived At 8: 19 a.m., Council Member/Commissioner Schnetz arrived at the meeting. Invocation/Pledl:e Of Allel:iance The invocation was given by Reverend David Randolph of San Bernardino Community Hospital, followed by the pledge of allegiance, led by Lantern Dean, a senior at Anderson School. 2 7/9/2001 2. Appointment - Linda L. Hart - Fine Arts Commission - Council Member/Commissioner Anderson Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the appointment of Linda L. Hart to the Fine Arts Commission, as requested by Council Member/Commissioner Anderson, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations A proclamation declaring July 2001 as Parks and Recreation Month in the City of San Bernardino was accepted by John Kramer, Superintendent of Recreation. A resolution recognizing the 24th Anniversary of the City's Senior Nutrition Program was presented to Oscar Perrier, Senior Recreation Supervisor. Mayor/Chairwoman Valles presented certificates of recognition to several City employees who recently completed the customer service training sessions offered through the City's Center for Employee Excellence. 4. Announcements Announcements were made by the Mayor and Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and chamber events/activities. Mayor Valles provided an update on the City's public works projects. 5. Waive Full Readinl: of Resolutions & Ordinances Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, 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, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 3 7/9/2001 6. Council Minutes Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, 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: May 7, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Claims and Payroll Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 27, 2001, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 8. Personnel Actions City Attorney Penman advised that the unclassified action regarding John Kramer should be corrected to Acting Director of Parks, Recreation & Community Services Director. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Schnetz, that the personnel actions as submitted by the Chief Examiner dated July 2, 2001, 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, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. ORD. MC-I099 - An ordinance of the City of San Bernardino amendin2 Section 3.64.020 of the San Bernardino Municipal Code relatin.: to area tax rates. FINAL READING 4 7/9/2001 Council Member/Commissioner McCammack made a motion to repeal the entire area tax. The motion failed for lack of a second. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1099 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Anderson, McCammack. Nays: Council Member/Commissioner Suarez. Abstentions: Council Member/Commissioner Schnetz. Absent: None. 10. RES. 2001-209 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium &. Haws and the City of San Bernardino to represent the City and designated City departments, in all proceedings in regard to, or arising out of, specified disciplinary actions. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-209 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. II. RES. 2001-218 - Resolution of the City of San Bernardino approving an agreement with the Planning Center for Ilroviding professional services to update the City's General Plan. Council Member/Commissioner Estrada stated that on page 1 of the Executive Summary, under the third bullet, she would like to specifically include the Mt. Vernon Project Area. City Administrator Wilson stated this could be done. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2001-218 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 5 7/9/2001 12. RES. 2001-219 - Resolution of the Mayor and Common Council of the City of San Bernardino awardine a contract to All American Asphalt Corporation for pavement rehabilitation on 6th Street from "E" Street to Arrowhead Avenue per Plan No. 10260. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-219 was adopted by the following vote: Ayes; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2001-210 - Resolution of the Mayor and Common Council of the City of San Bernardino awardine a contract to Lambco Eneineerine, Inc. for ADA access at various locations per Plan No. 10267. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-210 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2001-227 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizine the Mayor or her desienee to execute an Air Quality Control Aereement with the San Manuel Band of Mission Indians. Council Member/Commissioner McCammack stated that she would abstain on this matter due to the business relationship th is organization has with one of her compames. Council Member/Commissioner Schnetz expressed concern regarding the contract, stating that it was so loosely written that he would hate to see the City use the funds and then have to pay them back because the "Tribe" didn't agree with how the funds were used. It was suggested that perhaps a staff-level letter (from the "Tribe") concurring with the projects that the City is proposing would be helpful, or that the City ask the "Tribe" to sign off on the projects prior to the City starting the work. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted, subject to the "Tribe's" approval of, or agreement with, revisions to the agreement as proposed by the City. 6 7/9/2001 The motion carried and Resolution No. 2001-227 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 15. RES. 2001-220 - Resolution of the Mayor and Common Council of the City of San Bernardino adoptin2 the 200112002 to 2005/2006 Capital Improvement Pro2ram. Council Member/Commissioner Lien requested a "running account" of the history of the CIP projects in order to see from year to year what progress is being made. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Council Member/Commissioner McCammack stated she would abstain on Item No. 53, page 21, because the project involves the street where she lives. City Attorney Penman advised that there had been a meeting the previous week which included Mayor Valles, City Administrator Wilson, Water Department General Manager Kersey, and himself, to discuss the $50,000 allocation for the projects on page 21, Item No. 53, of the CII'. At that time, it was determined that since the Water Department had caused the damage, they would agree to pay the full amount; therefore, Item No. 53 would be eliminated from the CIP. Mr. Penman stated that this information should be noted in the motion. Council Member/Commissioner Lien made a substitute motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted, with deletion of Item No. 53 on page 21 of the CIP. The motion carried and Resolution No. 2001-220 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. Item Deleted 7 7/9/2001 17. RES. 2001-221 - Resolution of the Mayor and Common Council of San Bernardino authorizing the purchasing manager to issue an annual purchase order and sign a standard form service agreement with SK Telecon, Inc. for cable pull service, to be utilized by the Facilities Management Department. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-221 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with Donald M. Hoover Company, for the installation of a taraflex gymnasium floor at the San Bernardino Boys' and Girls' Club. City Attorney Penman advised that his oifice had not signed off on the agreement because it provides that the manufacturer disclaims any implied warranty, limits their liability, and in case of legal action, French law would be applicable and it would be settled at the court in Lyon, France. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that all bids be rejected; and that staff be directed to re-advertise for bids. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. RES. 2001-222 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing payment of $50,000 to the San Bernardino City Unified School District to fund two (of eight) community based homework centers. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-222 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 8 7/912001 20. RES. 2001-211 - Resolution authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with Provisional Educational Services, Incorporated, related to providing work experience sites for youth and adults. 21. RES. 2001-212 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with New Hope Missionary Baptist Church relating to training related work experience for students. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolutions be adopted. Resolution Nos. 2001-211 and 2001-212 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2001-213 - Resolution of the City of San Bernardino authorizing the execution of Amendment No. 11 to the agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the agreement for an additional one year perioi!. Council Member/Commissioner Estrada stated she would abstain from voting on this item, since Casa Ramona is her employer. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-213 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis. Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 23. RES. 2001-214 - Resolution awarding a purchase agreement to R. P. Landscape for landscape and irrigation maintenance services at Seccombe Lake, downtown City facilities, north site facilities, parking lots and medians, San Bernardino Stadium, and south site facilities per Attachment I for a period of twelve (12) months in accordance with Bid Specification F02-11. 9 7/912001 24. RES. 2001-215 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of annual agreements with the County of San Bernardino to provide equipment and user access into the National Law Enforcement Telecommunication System (NLETS), the California Law Enforcement Telecommunications (CLETS), and the Sheriff's Central Name Index (CNI). 25. RES. 2001-216 - Resolution of the City of San Bernardino authorizing the execution of an annual purchase order, _ with two single year renewal options, to Poma Distributing Company, Inc. for automotive, heavy truck and heavy equipment lubricants. 26. RES. 2001-217 - Resolution of the Mayor and Common Council of the City of San Bernardino declaring property located at 1108 North Arrowhead Avenue in the City of San Bernardino as surplus, authorizing the sale of said property to the Economic Development Agency of the City of San Bernardino for concurrent resale, and directing the execution of the necessary documents. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolutions be adopted. Resolution Nos. 2001-214, 2001-215, 2001-216, and 2001-217 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. A Resolution of the Mayor and Common Council of the City of San Bernardino approving a quitclaim deed transferring rights to enter to Inland Valley Development Agency for property originally owned by Ersul Water Company. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner Lien, that the matter be continued to the Mayor and Council meeting of July 23, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 7/912001 28. An Ordinance of the City of San Bernardino amending Sections 5.14.010, 5.14.020, 5.14.040 and 5.14.050 of Chapter 5.14 of the San Bernardino Municipal Code relating to Entertainment Dances and Adult Entertainment. FIRST READING Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Discuss & Take Possible Action - Charter Amendments - (1) Restrictions on Officers - (2) Set Mayor's Salary at 70 Percent of a County of San Bernardino, State of California Judge's Salary as of 01/01/01 (Continued from June 18, 2001) RES. 2001-223 - Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to restrictions on officers. (29A) RES. 2001-224 - Resolution of the City of San Bernardino submitting to the electors a proposed Charter amendment relating to restrictions on officers; transmission of the proposed Charter amendment to the office of the City Attorney for purposes of preparation of an impartial analysis. (29B) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A and B be adopted. Resolution Nos. 2001-223 and 2001-224 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to salary of Mayor. (29C) Resolution of the City of San Bernardino submitting to the electors a proposed Charter amendment relating to salary of Mayor; transmission of the proposed Charter amendment to the office of the City Attorney for purposes of preparation of an impartial analysis. 29D) 11 7/912001 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions C and D be adopted. Resolutions C and D were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Suarez, Anderson, McCammack. Nays: Council Members/Commissioners Lien, McGinnis, Schnetz. Absent: None. (Note: Although resolutions C and D were adopted by the Council, they were later vetoed by Mayor Valles; therefore, no resolution numbers were assigned.) 30. Discuss and Take Possible Action - Amendments to the FY 2001-2002 Budl:et Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, to amend the budget to include the following three items, which had previously been deleted from the Mayor's List of Recommended Program Change Requests: 1) Project Curb Appeal ($25,000); Increased CVB Funding ($20,000); and Materials and Services related to Code Compliance Abatements ($25,000). Council Member/Commissioner Lien withdrew her motion. Council Member/Commissioner Lien made a motion to consider individually the three items previously deleted from the Mayor's List of Recommended Program Change Requests. The motion failed for lack of a second. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to a luncheon workshop at 12 noon on July 23, 2001, in the Economic Development Agency Boardroom. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 31. RES. 2001-228 - Resolution of the City of San Bernardino approvinl: and adoptinl: the final budl:et of said City for the Fiscal Year 2001-2002 and establishinl: the appropriation limit for the Fiscal Year 2001-2002 for said City in accordance with the provisions of Division 9 of Title 1 of the California Government Code; and updatinl: position control Resolution No. 97-244 and salary Resolution 6413 to reflect personnel actions approved as part of the Fiscal Year 2001-2002 adopted budl:et. 12 7/912001 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted, with the deletion of Line Item No. 53 on page 21 of the Capital Improvement Program (CIP). The motion carried and Resolution No. 2001-228 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 32. Public Hearing - Development Permit Tvpe II No. 01-05 - Appeal of Approval of a 155,917 square foot commerdal use (Wal-Mart) - Northwest of University & Hallmark Parkways - UBP-2, University Business Park Land Use District Council Member/Commissioner Schnetz left the meeting, stating that his company manages a neighboring shopping center mentioned several times in the backup material relative to this agenda item. Mayor/Chairwoman Valles opened the hearing. Director of Development Services Funk and Principal Planner Valerie Ross provided an overview of the staff report and background information regarding the proposed project and the appeal now under consideration. City Engineer Ray Casey provided information on relevant traffic issues and concerns. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony. The following individuals expressed support of the proposed project and denial of the appeal: Tom Dodson, Tom Dodson and Associates, 2150 North Arrowhead Avenue, San Bernardino, CA. (Memorandum from Mr. Dodson dated June 4, 2001, included in backup materials submitted by the Development Services Department. ) John Nolan, attorney with Gresham, Savage. Nolan & Tilden, LLP, 600 North Arrowhead Avenue #300, San Bernardino, CA. (Letter from Mr. Nolan dated July 6, 2001, included in backup materials, in addition to other correspondence from his office.) 13 7/912001 Mark Boen, ProWestern Development Company, 8920 Vernon Avenue, Suite 132, Montclair, CA. (Letter from Mr. Boen dated July 5, 2001, included in backup material.) James Hall, a member of the Northwest Redevelopment Project Area Committee (NWPAC). H.W. Mosley, 3249 N. California Street, San Bernardino, CA. The following materials were submitted in support of the proposed project: Letter dated July 5, 2001, from Keith Lay, Assistant Project Engineer, LSA Associates to Alicen Wong of Gresham, Savage, Nolan & Tilden, LLP. The following individual expressed opposition to the proposed project and approval of the appeal: John McClendon, attorney with Van Blarcom, Leibold, McClendon & Mann, 307 East Chapman Avenue, Orange, CA, representing the appellant. Mr. McClendon also submitted a document titled. California Environmental Quality Act ("CEQA") Materials. The following materials were submitted in opposition to the proposed project: Letter dated July 5, 2001, from Andrew Kahn of Davis, Cowell & Bowe, LLP, Attorney for Carol Gold. Letter dated July 6,2001, from Bill Lathrop, President, UFCW Local 1167. Letter dated July 6, 2001, from Joseph D. Meyer of Pacific Retail Partners. Two publications--The Impact of Big Box Grocers on Southern California and The Shils Report. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; that the Mayor and Common Council uphold the Planning Commission's adoption ofthe Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and approval of Development Permit II No. 01-05 based on the Findings of Fact in Development Code Section 19.44.060, subject to the Conditions of Approval and Standard Requirements. 14 7/9/2001 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarnmack. Nays: Council Member/Commissioner McGinnis. Absent: Council Member/Commissioner Schnetz. 33. Lea2ue of California Cities - Task Force Update Council Member/Commissioner Lien advised that the task force had not met this month and she had nothing new to report at this time. 34. A Resolution of the Mayor and Common Council of the City of San Bernardino repealin2 Resolution No. 2001-7 which censured the City Attorney for unauthorized and insensitive conduct. City Clerk Clark read the title of the resolution into the record. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members/Commissioners Anderson, McCarnmack. Absent: None. Comments were received from the following individuals; however, since the vote had been taken, they were not allowt'd to speak on the item. Their comments centered on an individual's right to freedom of expression. Gil Navarro, chairman of the Mexican-American Political Association (MAPA), P.O. Box 1396, San Bernardino, CA. James Penman, 221 East Marshall Boulevard, San Bernardino, CA, speaking from the podium. Recess Meetin2 At 12:39 p.m., Mayor/Chairwoman Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. 15 7/912001 Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority - Joint Regular Meeting At 2: 13 p.m., Mayor/Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairwoman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. R35. Approve Purchase of Residential Surplus Property - from City of San Bernardino Water Department - 1108 North Arrowhead Avenue - Resale to ANR Industries - per Acquisition, Rehabilitation & Resale (ARR) Program Agreement Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission authorize the Redevelopment Agency to purchase the City of San Bernardino Water Department residential surplus property located at 1108 North Arrowhead A venue and the concurrent resale of the property to ANR Industries under the perimeters of the Acquisition, Rehabilitation and Resale (ARR) Program Agreement. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None, R36. Schedule Joint Public Hearing - RDA Amendments - Mt. Vernon Corridor & Central City South Redevelopment Projects 16 7/912001 RES. CDC/2001-24 Resolution of the Community Development Commission of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Mount Vernon Corridor Redevelopment Project and setting the date of a joint public hearing with the Mayor and Common Council of the City of San Bernardino to consider an amendment to the Redevelopment Plan to extend eminent domain powers to acquire non-residentially occupied property. (R36A) RES. 2001-225 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Mount Vernon Corridor Redevelopment Project and setting the date of a joint public hearing with the Community Development Commission of the City of San Bernardino to consider an amendment to the Redevelopment Plan to extend eminent domain powers to acquire non-residentially occupied property. (R36B) RES. CDC/2001-25 Resolution of the Community Development Commission of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Central City South Redevelopment Project and setting the date of a joint public hearing with the Mayor and Common Conncil of the City of San Bernardino to consider an amendment to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (R36C) RES. 2001-226 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Central City South Redevelopment Project and setting the date of a joint public hearing with the Community Development Commission of the City of San Bernardino to consider an amendment to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (R36D) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions be adopted. Community Development Commission Resolution Nos. CDC/2001-24 and CDC/2001-25 and Mayor and Common Council Resolution Nos. 2001-225, and 2001-226 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17 7/912001 37. Public Comments There were no public comments. 38. Adjournment At 3:35 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, July 23, 2001. in the Council Chambers of City Hall. RACHEL G. CLARK City Clerk By~E~ Linda E. Hartzel Deputy City Clerk No. of Items: 38 No. of Hours: 5.5 18 7/912001