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HomeMy WebLinkAbout02-22-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 22, 2000 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 Valles at 8:07 a.m., Tuesday, February 22, 2000, 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 Valles; Council Members Estrada, McGinnis, Suarez, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz, Anderson. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 25) (I) At 8:07 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson. et al. vs. Economic Development Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489); Manta Management Corn. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b)(l), (2), (3)(A-F) of Government Code Section 54956.9. - 1 - 2/22/2000 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - 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. G. Conference with real property negotiator pursuant to Government Code Section 54956.8: Propertv Address: 555 South "H" Street Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and 555 South "H" Street Partners dba Chaparral Cycle Supply Under Negotiation: Purchase terms and conditions. CLOSED SESSION At 8:07 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Suarez, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz, Anderson. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Administrative Operations Supervisor Anderson, City Attorney's Office; Special Counsel James Odium of Mundell, Odium & Haws, 275 West Hospitality Lane, San Bernardino, California. - 2 - 2/22/2000 COUNCIL MEMBERS LIEN & ANDERSON ARRIVED At 8:08 a.m., Council Members Lien and Anderson arrived at the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 8:08 a.m., Council Member Estrada left the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 8:20 a.m., Council Member Schnetz arrived at the closed session. SPECIAL COUNSEL ODLUM EXCUSED At 8:30 a.m., Special Counsel Odium left the closed session. COUNCIL MEMBER ESTRADA RETURNED At 8:30 a.m., Council Member Estrada returned to the closed session. COUNCIL MEMBER SCHNETZ EXCUSED At 8:51 a.m., Council Member Schnetz left the closed session. ADJOURN CLOSED SESSION At 8:53 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:04 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. - 3 - 2/22/2000 INVOCATION The invocation was given by Father Barnabas Laubach of Saint Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Laura Ramirez, a student at Ramona- Alessandro School. APPOINTMENTS - MAYOR V ALLES - COUNCIL MEMBERS SUAREZ & MILLER (2) In staff reports dated February 16, 2000, Mayor Valles recommended the following appointments on behalf of herself and Council Members Suarez and Miller: Mayor Valles San Bernardino Water Resources Authority - Council Member Lien Council Member Suarez Community Television Commission - Chas Kelley Council Member Miller Planning Commission - Dr. Owen J. O'Connor Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the appointments requested by Mayor Valles and Council Members Suarez and Miller, be approved. PRESENTATION - PARTICIPANTS OF YOUTH SUMMIT VISIONING (3) Linda Ceballos, Environmental Projects Coordinator, Public Services Department, provided background information on the Blight Buster Program, which began approximately two years ago and involved ten local elementary schools. As part of the program, a Youth Visioning Summit was held on November 17, 1999, wherein the students outlined their vision for the city. Ms. Ceballos presented certificates and a commemorative notebook to the students involved in the summit, as well as to those individuals and businesses who were also involved and supported their efforts. - 4 - 2/22/2000 SERVICE PIN A WARDS (3) Teri Rubi, Executive Assistant to the Mayor. read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Robert Simmons Ron Gaston Eileen Gomez Al Johnson Robert Sepulveda Creighton Nece Curtis Parker Dennis Reichardt Gerald Linxwiler Sheree Cabello George Hammons Jeffrey Harvey Jess Hernandez Mark Stokes Department City Attorney's Office Development Services Development Services Development Services Development Services Fire Fire Fire Library Mayor's Office Police Police Police Police Years of Service lO-year pin lO-year pin 5-year pin 5-year pin lO-year pin lO-year pin lO-year pin 30-year pin lO-year pin 5-year pin 5-year pin 5-year pin 25-year pin 5-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, made several announcements regarding upcoming events and announced the opening of Community Advancement Resource Enterprises, a new help-center for small businesses, located on Airport Drive. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced there would be a meeting tonight at 7:00 p.m. at Martin Luther King Middle School concerning the Westside contamination well; stated that the Sixth Ward had a successful clean-up event on February 12, and that the next clean-up in the Sixth Ward would be sponsored by the Muscoy Association on February 26 at Blake Park in Delmann Heights; and encouraged everyone to vote in the March 7 primary election. - 5 - 2/22/2000 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez announced that on March 4 and 5, there would be a Soap Box Rally at the Western Regional Little League field. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz encouraged everyone to support Proposition 12--the clean water and parks bond-oat the polls on March 7. He pointed out that the City of San Bernardino will receive $2.2 million if this proposition passes. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis commented on the success of the Mayor's Ball; noted that Tipper Gore had spoken recently at the former Norton Air Force Base; encouraged people to vote in the upcoming election; and commented on all the fun things to do in San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien thanked the Mayor and Council for appointing her to the Water Resources Authority and provided an update on the renovation and reuse plans for the old County Medical Center site on Gilbert Street. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada advised that the renovation of the depot is still on course and moving forward; commented on the fantastic production of STOMP at the California Theater; and stressed the importance of everyone being counted in the census, stating that anyone who needs help with their census forms could call her at the Council Office (384-5268) or at Cas a Ramona (889-0011). ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles noted that the City was severely undercounted in the 1990 census, resulting in a loss of approximately $74 million in potential income to the city over the past ten years; and urged everyone to respond to the census. She stated she would be giving a State of the City Address on Tuesday, February 29, at 7:30 a.m. at the Hilton Hotel; and announced that a Millennium Time Capsule Ceremony would be taking place at noon on February 29 at City Hall Plaza. - 6- 2/22/2000 The Mayor informed residents that the next issue of "News of the City" would be in newsstands and included in home deliveries of The San Bernardino Countv Sun on March 3, as well as inclusion in the March 4 issue of The Sun's Valley Scene. She announced that the Professional Women's Roundtable would be sponsoring Business Conference 2000 "Women as Leaders" on Saturday, March 4, from 7:00 a.m. to 3:30 p.m. at California State University. The Mayor also announced that Carlo Ponti, Jr., son of actress Sophia Loren, would be the guest conductor for the San Bernardino Symphony concert on Saturday, March 25, at the California Theater. The concert will be followed by music and dining at the Radisson Hotel, where Ms. Loren will be honorary chair and renowned couturier Nolan Miller will be the honorary dinner host. Tickets for the two events, billed as Symphony with the Stars, can be obtained by calling the Symphony Office at 381-5388. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that several residents had expressed concern regarding the mining operation taking place in the flood control wash area south of 40'" Street, north of Lynwood, east of San Gabriel, and west of Harrison. He stated that at 7:00 p.m. this evening the Planning Commission would be conducting a hearing, which would be open to the public, to determine whether to repeal certain permits that have been granted to the company involved in the mining operation. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson advised that the Santa Fe Depot plans would be coming to the Council for approval at the next meeting, with a projected goal of awarding the contract by spring or early summer. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark announced that voters can go to the Registrar of Voters (ROV) Office, 777 East Rialto Avenue, on any regular working day between now and the March 7 election to cast their vote. ROV will also he open for voting on the next two Saturdays, February 26 and March 4, between the hours of 9:00 a.m. and 3:00 p.m. Prior to the Council voting on the Consent Calendar items, City Clerk Clark announced that the recommended motion on Agenda Item Nos. 14 and 15 had been changed from "adopt the resolution" to "continue the matter to March 6, 2000." She also advised that the Personnel Actions should be approved with the omission of Item No. 13, which had been withdrawn. - 7 - 2/22/2000 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. CLAIMS & PAYROLL (6) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 15, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated February 16, 2000, 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, with the exception of Item No. 13, which had been withdrawn from the list. WAIVE FEES - REDLANDS BICYCLE CLASSIC "PROLOGUE" EVENT - MARCH 7,2000 - $4,197.97 (8) City Administrator Wilson submitted a stan report dated February 8, 2000, regarding the waiver of fees for the Redlands Bicycle Classic "Prologue Race." Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the request for a waiver of fees in the amount of $4,197.97 for police personnel and traffic engineering labor and materials to assist in the conduct of the Redlands Bicycle Classic "Prologue Race," scheduled for March 7, 2000, be approved. RES. 2000-29 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ELIMINATING THE FEBRUARY 11, 2000 CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE. (9) - 8 - 2/22/2000 Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-29 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member Miller. Ayes: Nays: Council None. RES. 2000.30 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCEl.S OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (10) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit "A" which have been paid. The motion carried and Resolution No. 2000-30 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. APPROVE - CONTRACT CHANGE ORDER NO. ONE - SEAN MALEK ENGINEERING & CONSTRUCTION, INC. - RIALTO BRIDGE AT TWIN CREEK - WIDEN BRIDGE & STREET IMPROVEMENTS - PLAN NO. 9726 (11) Michael E. Hays, Director of Development Services, submitted a staff report dated February 4, 2000, regarding approval of Contract Change Order No. One to the contract with Sean Malek Engineering & Construction, Inc. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that Contract Change Order No. One to the contract with Sean Malek Engineering & Construction, Inc., be approved for various changes described in the staff report dated February 4, 2000, from Michael E. Hays, Director of Development Services, for a total change order amount of $17,296.31, increasing the contract total from $399,969.50 to $417,265.81. APPROVE - CONTRACT CHANGE ORDER NO. ONE - SIGNAL MAINTENANCE, INC. INSTALL TRAFFIC SIGNAL INTERSECTION OF TIPPECANOE AVENUE & LAURELWOOD AVENUE - PLAN NO. 10012 (12) - 9- 2/2212000 Michael E. Hays, Director of Development Services, submitted a staff report dated February 8, 2000, regarding approval of Contract Change Order No. One to the contract with Signal Maintenance, Inc., relative to the traffic signal at the intersection of Tippecanoe Avenue and Laurelwood Avenue. Council Member Estrada made a motion. seconded by Council Member Anderson, and unanimously carried, that Contract Change Order No. One to the contract with Signal Maintenance, Inc., be approved for additional conduit, pull boxes and additional concrete R & R, with credit for a change in conduit size, for a total change order amount of $5,855, increasing the contract total from $81,260 to $87,115. RES. 2000-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VALLEY SLURRY SEAL COMPANY FOR SLURRY SEALING OF VARIOUS STREETS, PHASE IX PER PLAN NO. 10041, AREAS "C" AND "D". (13) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted Resolution No. 2000-31 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member Miller. Ayes: Nays: Council None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING A SVBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB. (County Preschool Services) (14) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING A SVBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB. (County Behavioral Health) (IS) (Note: The resolutions were not distributed with the backup material and, therefore, will not be available for reference.) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that said resolutions be continued to the Mayor and Council meeting of March 6, 2000. - 10- 2/22/2000 SET LUNCHEON WORKSHOP - MARCH 20, 2000 - 12 NOON _ ECONOMIC DEVELOPMENT AGENCY BOARD ROOM PRESENTATION BY DR. ALBERT KARNIG, PRESIDENT, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO (17) Mayor Valles submitted a staff report dated February 10, 2000, recommending that a luncheon workshop be set for March 20, 2000, to receive information regarding programs and developments at California State University, San Bernardino. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that a luncheon workshop be set for Monday, March 20, 2000, at 12:00 noon in the Economic Development Agency Board Room, 201 North "E" Street, Third Floor, to receive information regarding the review and discussion of programs and developments by Albert Karnig, President of California State University, San Bernardino. RES. 2000-32 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXPRESSING ITS SUPPORT OF PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. (18) RES. 2000-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY FOR ONE (1) ASPHALT PATCH TRUCK FOR THE PUBLIC SERVICES DEPARTMENT. (21) RES. 2000-34 - RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO FAIRVIEW FORD FOR TWENTY- EIGHT (28) YEAR 2000 FORD CROWN VICTORIA POLICE INTERCEPTORS; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. (22) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 2000-32, 2000-33 and 2000-34 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. - 11 - 2/22/2000 RES. 2000-35 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN OPPOSITION TO TRANSPORTING HIGHLY RADIOACTIVE WASTE ON SAN BERNARDINO COUNTY FREEWAYS AND RAIL LINES TO THE YUCCA MOUNTAIN WASTE SITE. (16) Council Member Lien requested an executed copy of the resolution so she could read it into the record at a hearing being held today at the Radisson Hotel regarding this matter. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-35 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member Miller. Ayes: Nays: Council None. RES. 2000-36 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF PROPOSITION 13 - THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT. (19) Council Member Lien asked that a press release be issued to let the public know that the Council supports Proposition 13. Council Member Lien made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2000-36 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member Miller. Ayes: Nays: Council None. RES. 2000-37 - A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO HOLLIDAY ROCK COMPANY, INC., TO SUPPLY DELIVERED MATERIALS AND EQUIPMENT RENTALS FOR ROADWAY PAVEMENT REPAIRS; AND AUTHORIZING CURRENT PURCHASE ORDERS TO VULCAN MA TERIALS/CAL MAT AND MATICH CORPORATION TO SUPPLY ROADWAY PAVEMENT MATERIALS TO BE PICKED UP BY THE CITY. (20) - 12 - 2/2212000 City Attorney Penman advised that in order to avoid the appearance of a conflict of interest, since Matich Corporation had contributed to his campaigns in the past, his office had asked special counsel to review and approve said resolution. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-37 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member Miller. Ayes: Nays: Council None. AUTHORIZATION TO PROCEED - 1913 ACT - ACQUISITION ASSESSMENT DISTRICT - OFF-SITE IMPROVEMENTS TRACT NO. 10260 - TENTATIVE TRACT NO. 14112 (23) Michael E. Hays, Director of Development Services, submitted a staff report dated February 14, 2000, regarding authorization to proceed with a 1913 Act Acquisition Assessment District for off-site improvements for Tract No. 10260 and Tentative Tract No. 14112. Staff advised that Century Homes had requested a two-week continuance on this matter. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 6, 2000. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.131 TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE PROGRAM. First (24) City Administrator Wilson explained that said ordinance provides rebates to new businesses that create 5 to 50 new positions, with 50 percent of the positions paying at least $25,000 per year. This item had been referred to the Legislative Review Committee to consider an extra rebate if the hired employees are residents of the City of San Bernardino. He pointed out that in no case would more than 100 percent of the utility tax be paid. Council Member Lien pointed out that the rebate would be retroactive to January and that it truly is a rebatenthat the companies will pay the tax throughout the year, and the rebate will be given only if they are still in business at the end of the year. She also noted that staff is trying to craft a similar utility rebate program for - 13 - 2/22/2000 existing businesses; however, there are issues that need to be explored before this can be done. Joseph Mayorga, 2095 West 19th Street, San Bernardino, CA, questioned the idea of a utility tax rebate in light of the fact that he had just received notification that the Water Department was planning to raise their rates. Council Member Lien explained that the utility tax is a revenue source to the General Fund, while the Water Department sells its product (water) to retailers. They are two distinctly different funds. COUNCIL MEMBER MILLER RETURNED At 10:15 a.m., Council Member Miller returned to the Council meeting and took her place at the Council table. Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that said ordinance be laid over for final adoption. APPROVE FUNDING - DEPUTY CITY ATTORNEY POSITION - CITY ATTORNEY'S OFFICE (25) James F. Penman, City Attorney, submitted a staff report dated February 15, 2000, regarding the funding for a currently vacant and previously authorized position of Deputy City Attorney. City Attorney Penman explained that during the 199912000 budget process, in an effort to assist with meeting the budget projections, the City Attorney's Office had voluntarily proposed to eliminate funding for one Deputy City Attorney position and one legal secretary position. He noted that while lawsuits against the City have declined, prosecutions filed by the City against others have increased. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council fund the currently vacant and previously authorized position tlf Deputy City Attorney effective March 1, 2000 in the amount of $20,688 for the remainder of fiscal year 199912000; and that the Director of Finance be authorized and directed to amend the appropriate budget documents to reflect the transfer of $20,688 from the Liability Fund Reserve to the City Attorney's Office account for said funding of said position for the remainder of fiscal year 199912000. - 14 - 2/22/2000 RES. 2000-38 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO REGARDING THE ALLOCATION OF FUNDS FROM THE COUNTY TO THE CITY FOR THE PURPOSE OF IMPLEMENTING A CENSUS 2000 OUTREACH PROGRAM. (26) City Clerk Clark read into the record a correction to the recommended motion. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the fiscal year 1999/00 Grant Fund budget to reflect an increase of $42,500 in revenue, and add $42,500 of budgeted expenses for the Mayor's Office. The motion carried and Resolution No. 2000-38 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. AUTHORIZATION TO JOIN - AMICUS BRIEF - SUPPORT CITY OF THOUSAND OAKS (27) City Attorney Penman submitted a staff report dated February 3, 2000, wherein he recommended that the City join amicus brief in support of the City of Thousand Oaks. Mr. Penman reviewed the background information contained in the staff report relative to said case. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the City of San Bernardino to join amicus brief in support of the City of Thousand Oaks. AUTHORIZATION TO JOIN - AMICUS BRIEF - CITY OF LA HABRA - HOWARD JARVIS ASSOCIATION VS. CITY OF LA HABRA SUPPORT OF T AXP AYERS (28) City Attorney Penman submitted a staff report dated February 10, 2000, regarding authorization to join amicus brief in support of the City of La Habra. Mr. Penman reviewed the background information contained in the staff report relative to said case. - 15 - 2/22/2000 Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council authorize the City of San Bernardino to join amicus brief in support of the City of La Habra. COUNCIL MEMBER ESTRADA EXCUSED At 10:28 a.m., Council Member Estrada left the Council meeting. PROHIBIT CERTAIN VEHICULAR MOVEMENTS INTERSECTION OF TIPPECANOE A VENUE & ROSEWOOD DRIVE - ADDITIONAL SIX MONTHS (29) Michael E. Hays, Director of Development Services, submitted a staff report dated February 1, 2000, recommending continued prohibition of certain vehicular movements at the intersection of Tippecanoe Avenue and Rosewood Drive. Ray Casey, City Engineer, advised that the City had been using portable delineators and barricades at said intersection since December 1998, and these measures have been working very well. Ultimately, a raised concrete median will be permanently installed from the 1-10 Freeway to Laurelwood Drive; however, staff is recommending the current arrangement for an additional six months. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Director of Development Services to prohibit certain vehicular movements at the intersection of Tippecanoe Avenue at Rosewood Drive for an additional six months. COUNCIL MEMBER ESTRADA RETURNED At 10:32 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.131 TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE PROGRAM. Final (30) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. DECLARE DEFAULT BY CONTRACTOR - CANCEL CONTRACT- INSTALLATION OF STREET TREES - HIGHLAND AVENUE, FROM "E" STREET TO WATERMAN AVENUE - COLAROSSI CONSTRUCTION - PLAN NO. 9845 (Continued from February 7, 2000) (31) - 16 - 2/22/2000 In a memorandum dated February 10, 2000, Michael E. Hays, Director of Development Services, requested a continuance to the Mayor and Council meeting of March 20, 2000. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 20, 2000. RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND WASHINGTON STREET AREA WITHOUT COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1025; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (Continued from February 7, 2000) (32) Ray Casey, City Engineer, provided an overview of the staff report and an explanation of how staff arrived at the General Benefit assessment. City Attorney Penman indicated that his office had not signed off on the resolution because they did not feel comfortable thai the City would be in compliance with Proposition 218, the Right to Vote on Taxes Act. He stated that his office did not believe that 6.6 percent adequately covers the General Benefit assessment, and they questioned whether this particular assessment district could withstand a legal challenge. He believed that 25 percent would be a more realistic figure. Mayor Valles questioned whether the public meeting and public hearing could be set, as long as staff has all pertinent information available for those involved. City Attorney Penman advised that if the concern is a legal matter, it is usually addressed prior to the public hearing. Council Member Schnetz stated that it was his understanding that in the city of San Bernardino it is the property owner adjacent to a specific parkway who is responsible for landscaping and maintaining that parkway. Therefore, a landscape maintenance assessment district is really the only way to ensure these parkways are maintained after the developer sells the property. - 17 - 2/22/2000 Discussion ensued regarding the specifics and legalities of Proposition 218. Mayor Valles stated that the bottom line is how we want our city to look--that this is fundamental to whatever action is taken bv the Council' however she did . , , recognize the points Mr. Penman had made. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be adopted. (Note: There was no vote taken.) Council Member Suarez stated that most of the benefit would be for the general public or people passing by, and he believed that 20-25 percent would be a more equitable figure. Council Member Estrada expressed concern that unless there is agreement and consistency within the departments, that problems will arise. She suggested additional review of the matter prior to taking any action. Council Member Estrada made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 20, 2000. RECESS MEETING At 11 :02 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 11: 11 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Development Director Hays. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-04 - CHANGE LAND USE DESIGNATION - 76 ACRES - FROM PFC, PUBLIC FLOOD CONTROL, TO CG-l, COMMERCIAL GENERAL- CONDITIONAL USE PERMIT NO. 99-14 - EXPAND MOSS BROS. DODGE DEALERSHIP - 1100 SOUTH "E" STREET (Discussed later in the meeting - page 22) (36) - 18 - 2/22/2000 Michael E. Hays, Director of Development Services, submitted a staff report dated February 1, 2000, regarding a change in land use designation and expansion of the Moss Bros. Dodge dealership located at 1100 South "E" Street. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, explained that Moss Bros. had acquired this property from the Flood Control District and were requesting this change in order to expand their dealership. John D. Criste, Terra Nova Planning & Research, Inc., 400 South Farrell, Suite B-205, Palm Springs, CA, representing Investor Holdings, owner of an adjacent parcel of land, expressed their desire that a visual buffer be placed between their property and what appears to be the storage area for Moss Bros. Charles T. Schultz, 4333 Orange Street, Suite 18, Riverside, CA, attorney for Moss Bros., stated that his clients were in full agreement with all of the conditions proposed by staff and approved by the Planning Commission. Council Member McGinnis expressed a desirt:" to inspect the site prior to voting on the matter. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 99-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PFC, PUBLIC FLOOD CONTROL, TO CG-l, COMMERCIAL GENERAL, FOR APPROXIMATELY 7.6 ACRES ADJACENT TO 1100 S. "E" STREET. (36) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the hearing he closed; and that the matter be continued to the afternoon for final action. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-05 - AMEND GENERAL PLAN DESIGNATION FROM CG-l, COMMERCIAL GENERAL, & RS, RESIDENTIAL SUBURBAN - TO IH, INDUSTRIAL HEAVY - CONDITIONAL USE PERMIT NO. 99- 12 - ALLOW FOR EXPANSION OF SALVAGING WRECKING (DISMANTLING) YARD - PICK-A-PART (37) - 19 - 2/22/2000 Michael E. Hays, Director of Development Services, submitted a staff report dated January 31, 2000, regarding a general plan amendment and conditional use permit which would allow for expansion of an existing salvaging wrecking (dismantling) yard located at 407 East Ninth Street. The applicant, Hogle-Ireland, Inc., submitted a letter addressed to the City Council dated February 22, 2000, to which were auached letters from seven agencies expressing their appreciation for the assistance they receive from the existing Pick-A- Part facility. Mayor Valles opened the hearing. Pamela Steele of Hogle-Ireland, Inc., a land planning and consulting firm located at 4200 Latham Street, Suite B, Riverside, CA, advised that the purpose of the request is to increase operations at the Ninth Street facility. She stated that the applicant did have one additional request, and that would be to reduce the lO-foot landscape setback required along the east property line to 30 inches. Ms. Steele was advised that the applicant would need to submit a variance application regarding the landscape setback, which mayor may not be approved. RES. 2000-39 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 99-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM CG-l, COMMERCIAL GENERAL, AND RS, RESIDENTIAL SUBURBAN, TO IH, INDUSTRIAL HEAVY, FOR 21.66 ACRES LOCATED BETWEEN 6TH AND 9TH STREETS. (37) Council Member Lien made a motion, seconded by Council Member Estrada, that the Mayor and Common Council close the public hearing; that said resolution be adopted: and that Conditional Use Permit No. 99-12 be approved, based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. The motion carried and Resolution No. 2000-39 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER LIEN EXCUSED At 11 :49 a.m., Council Member Lien left the Council meeting. - 20- 2/22/2000 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON FIFTH STREET BETWEEN DEL ROSA DRIVE AND TWO- HUNDRED FEET EAST OF VICTORIA A VENUE. First (33) Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON FIFTH STREET BETWEEN WATERMAN AVENUE AND PEDLEY ROAD. First (34) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (35) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the approval of the Final Map for Tentative Tract No. 14193 be continued to the Mayor and Council meeting of June 19, 2000. RECESS MEETING At 11:52 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:07 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. - 21 - 2/22/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Development Director Hays. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-04 _ CHANGE LAND USE DESIGNATION - 76 ACRES - FROM PFC , PUBLIC FLOOD CONTROL, TO CG-l, COMMERCIAL GENERAL- CONDITIONAL USE PERMIT NO. 99-14 - EXPAND MOSS BROS. DODGE DEALERSHIP - 1100 SOUTH "E" STREET (Discussed earlier in the meeting - page 18) (36) RES. 2000-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 99-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PFC, PUBLIC FLOOD CONTROL, TO CG- 1, COMMERCIAL GENERAL, FOR APPROXIMATELY 7.6 ACRES ADJACENT TO 1100 S. "E" STREET. (36) Council Member McGinnis made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that Conditional Use Permit No. 99-14 be approved based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. The motion carried and Resolution No. 2000-40 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. DEPUTY CITY ATTORNEY EMPENO & DEVELOPMENT DIRECTOR HAYS EXCUSED At 2:09 p.m., Deputy City Attorney Empeno and Development Director Hays left the Council meeting and were replaced by Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo and Economic Development Agency Executive Director Van Osdel. 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 - 22 - 2/22/2000 At 2:09 p.m., 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. RES. CDC12000-3 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND ADVANCED SECURITY FOR METRO LINK SECURITY SERVICES. (R38) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/2000-3 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE HOME AGREEMENT DATED MAY 17, 1999 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO WEST SIDE COMMUNITY DEVELOPMENT CORPORATION (WSCDC) INCREASING THE COMPENSATION BY $300,000 AND EXTENDING THE TIME FOR PERFORMANCE - HANDYWORKER GRANT PROGRAM (OWNER OCCUPIEDI SINGLE-FAMILY UNITS). (R39) Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. GROW AMERICA FUND AMENDMENT (R40) Agency Executive Director Van Osdel submitted a staff report dated February 16, 2000, recommending the use of land sales proceeds to increase investment in the Grow San Bernardino Fund Program. - 23- 2/22/2000 Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the Community Development Commission approve the use of $300,000 in land sales proceeds to increase the Agency's level of investment in the Grow San Bernardino Fund Program. DISCUSS - POSSIBLE ACTION - FUTURE OF COURT STREET SQUARE (RS1) Larry Quiel, a downtown business owner, member of the Downtown Business Association, and President of the San Bernardino Area Chamber of Commerce, spoke in support of the continued operation of Court Street Square. Sam Catalano, president of the Downtown Business Association, expressed his concern regarding possible closure of Court Street Square and suggested the possibility of some type of cooperative effort to ensure its continued operation. Agency Executive Director Van Osdel spoke to the Council regarding the Agency's budget and what it costs the Agency to promote/operate Court Street Square. Council Member Estrada expressed dismay that she had to hear about this through the rumor mill, stating that there needed to be input from the Council/Commission on such issues. It concerned her that there had been no evaluation, no study, no analysis of what impact this would have on the downtown area. Discussion ensued, and it was the consensus of the Council that this matter should be looked at more carefully and thoroughly prior to any action being taken. Mayor Valles asked Mr. Van Osdel to follow up on this matter and meet with Mr. Quiel and Mr. Catalano to evaluate and analyze the situation, taking into account the larger picture and long-term ramifications. PUBLIC COMMENTS (41) Wendy McCammack, 634 East Parkdale Drive, San Bernardino, CA, stated that she was a candidate for the Seventh Ward Council Seat and announced that there would be a meeting this evening in the Council Chambers regarding the mining activities taking place around 40'" Street and Lynwood Avenue. She asked for the public's support in requesting the City to look into the possibility of revoking the permit issued to the mining company. - 24- 2/2212000 GiI Navarro, Chairman of the Mexican American Political Association, P.O. Box 1396, San Bernardino, CA, commented on the number of accidents which have recently taken place on Little Mountain Road, stating that there is a real problem in that area that needs to be addressed. James Penman, a resident and registered voter in the Seventh Ward, endorsed Wendy McCammack in the upcoming run-off election for the Seventh Ward Council Seat. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 2:55 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson. et al. vs. Economic Development Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489); Manta Management Corp. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to suhdivision (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. Conference with legal counsel - 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. - 25 - 2/22/2000 F. Conference with labor negotiator pursuant to Government Code Section 54957.6. G. Conference with real property negotiator pursuant to Government Code Section 54956.8: Propertv Address: 555 South "H" Street Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and 555 South "H" Street Partners dba Chaparral Cycle Supply Under Negotiation: Purchase terms and conditions. CLOSED SESSION At 2:55 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller; Senior Assistant City Attorney Carlyle, Cit) Clerk Clark, City Administrator Wilson. Absent: None. Also present: Special Counsel Sabo, Executive Director Van Osdel, Development Director Winkler, and Administrative Services Director Lindseth of the Economic Development Agency. ADJOURN CLOSED SESSION/MEETING (42) At 3:35 p.m., the closed session/meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, March 6,2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By:J~ <E? /~ Linda E. Hartzel Deputy City Clerk No. of Items: 42 No. of Hours: 5.5 - 26- 2/22/2000