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HomeMy WebLinkAbout05-01-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 1, 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 8:17 a.m., Monday, May 1, 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, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman announced that the following additional case would be discussed in closed session: Pastor Harry L. Jacks vs. City of San Bernardino. et al. - United States District Court Case No. CV 99-01511 MMM (MANx). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 21) (1) At 8:17 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): Manta Management Com. vs. City 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) (1); (2); (3) (A-F) of Government Code Section 54956.9. - 1 - 5/1/2000 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: Property Address: 303 West 3'd Street Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and J. Kevin Brunk of 303 West 3'd Street, LLC Under Negotiation: Purchase terms and conditions CLOSED SESSION At 8: 17 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, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Barnes, Paralegal Greenleaf, and Administrative Operations Supervisor Anderson, City Attorney's Office; and City Engineer Casey. - 2 - 5/1/2000 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 Autltority while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO & DIRECTOR OF DEVELOPMENT SERVICES HAYS ARRIVED At 8:25 a.m., Deputy City Attorney Empeno and Director of Development Services Hays arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO, DIRECTOR OF DEVELOPMENT SERVICES HAYS & CITY ENGINEER CASEY EXCUSED At 8:35 a.m., Deputy City Attorney Empeno, Director of Development Services Hays, and City Engineer Casey left the closed session. COUNCIL MEMBER SCHNETZ EXCUSED At 8:56 a.m., Council Member Schnetz left the closed session. COUNCIL MEMBER SUAREZ EXCUSED At 8:59 a.m., Council Member Suarez left the closed session. ADJOURN CLOSED SESSION At 9:06 a.m., the closed session adjourned to tlte Council Chambers of City Hall. RECONVENE MEETING At 9:11 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, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Sister Marita Beumer of St. Bernardine's Church. - 3 - 5/1/2000 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Suarez. APPOINTMENTS - MAYOR V ALLES & COUNCIL MEMBER McCAMMACK (2&SI) Mayor Valles submitted staff reports dated April 25 and 28, 2000, recommending the following appointments on behalf of herself and Council Member McCammack: Mavor Valles Civil Service Board Ruth DeSadier Council Member McCammack Parks and Recreation Commission Main Street Advisory Board Fine Arts Commission Janet Topoleski Lou Schnepp Marilyn Karnig Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments requested by Mayor Valles and Council Member McCammack, be approved. Lou Schnepp and Marilyn Karnig accepted their certificates of appointment from Council Member McCammack. PROCLAMATION - MILLION MOM MARCH DAY - MAY 14, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation dedicated to the mission of educating children about guns and declaring May 14, 2000, as Million Mom March Day. The proclamation was accepted by Mrs. Marta Brown, Mrs. Marilyn Karnig, and Mrs. Joanne Singer. Mrs. Brown stated that more tltan 30 marches are taking place across the country and presented a t-shirt to Mayor Valles. PROCLAMATION - DAYS OF REMEMBRANCE WEEK - APRIL 30 THROUGH MAY 7, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the week of April 30 - May 7, 2000, as Days of Remembrance Week in memory of the holocaust victims. - 4 - 5/1/2000 PROCLAMATION - PUBLIC SERVICES RECOGNITION WEEK MAY 1-7, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring May 1-7,2000, as Public Services Recognition Week in the City of San Bernardino. The proclamation was accepted by Jim Hamlin, President of the San Bernardino Public Employees Association, and Jeff Carr, Labor Relations Representative. PROCLAMATION - LAW ENFORCEMENT MONTH - MAY 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the month of May 2000 as Law Enforcement Month in the City of San Bernardino. The proclamation was accepted on behalf of the San Bernardino Area Chamber of Commerce by Larry Quiel, President, and Jack Hill, Vice President of Community Support. PRESENT A TION - SENIOR VOLUNTEER OF THE YEAR - ALICE HUNT DODD (3) Mayor Valles presented a resolution to Mrs. Alice Hunt Dodd, a volunteer for more than 12 years at the Perris Hill Senior Center, honoring her as Senior Volunteer of the Year for volunteering more than 480 hours during 1999. PRESENTATION - CERTIFICATE OF RECOGNITION - MAJORS RUSSELL & JACQUE FRITZ (3) Majors Russell and Jacque Fritz, Corps Officers of the San Bernardino Salvation Army, were presented a Certificate of Recognition by Mayor Valles in recognition of their long-standing and continuing commitment to the local community. The Fritzes were recently awarded the Salvation ArnlY National Award for Excellence in Social Work. PRESENTATION CERTIFICATES OF RECOGNITION NATIONAL CHARITY LEAGUE'S TICKTOCKERS (3) Mayor Valles presented Certificates of Recognition to members of the National Charity League's Ticktockers (young ladies who do volunteer charity work) in recognition of the more than 10,000 volunteer hours they have donated during the past six years. - 5 - 5/112000 ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of tlte San Bernardino Area Chamber of Commerce, announced several upcoming community events including the Renaissance Faire and the local Law Enforcement Dinner on May 11,2000. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that there would be a free health fair on June 11 at Casa Ramona located at 1524 West 7"' Street; stated that the final turn-over of Norton Air Force Base property to the IVDA had been accomplished; announced a cleanup day on June 24 sponsored by the Mt. Vernon Project Area Committee to clean up the area from 9th Street to 4"' Street; stated tltat she had recently traveled to Texas to attend a Use of Water Seminar; noted that a restructuring of the Mayor's Youth Task Force was being proposed; advised that Community Hospital is in dire need of volunteers and if anyone is interested they should call Laurie Luck at 887-6333; congratulated the Hispanic Chamber of Commerce on their Cinco de Mayo celebration; and stated that tlte County Courthouse Committee is developing a marketing tool to use in funding and to educate the public on the need to build a new courthouse. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that the City is making an effort to get information out to the residents living in the Vision 20/20 area. She advised that the League of Women Voters would be holding a workshop at the Feldheym Library on Saturday, May 6, from 2:00-4:00 p.m. regarding this matter and they would like the residents' input regarding the future of their neighborhood. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis extended his sympathy to Willie Brue, whose husband passed away last week. Mrs. Brue has served for many years as a volunteer in the City and is currently one of his commissioners. He also announced that there would be a Third Ward cleanup day on Saturday, May 6, at Nunez Park located at Fifth Street and Medical Center Drive. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that there would be a meeting of the 40th Street Project Area Committee on May 2, at 6:15 p.m. (corrected in a later announcement to 9:00 a.m.) in the Economic Development Agency Board Room, 201 North "E" Street; and congratulated Chaparral Motor Sports for winning their third consecutive National Championship in Supercross. - 6 - 5/1/2000 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez extended congratulations to Mrs. Reed, who was recently elected president of a Neighborhood Cluster Group. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that the brochure sent out to residents regarding the Vision 20120 water project was printed in both Spanish and English and encouraged people to take the time to read it. She also shared witlt the audience information regarding her family which was contained in a framed copy of the 121h Census taken in June 1900 in Louisiana where her parents were from. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack thanked everyone who participated and helped with the Neighborhood Improvement Day; announced that on May 20 and 21 there would be a Broadway-type show at the California Theatre presented by approximately 275 local youngsters; and noted that over 400 people attended the Assistance League's Annual Headdress Ball on Saturday, the proceeds to be used to provide dental services for children. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles congratulated the Inland Empire Hispanic Chamber of Commerce for the successful Cinco de Mayo Fiesta they held in downtown San Bernardino, and recognized the major sponsors who collaborated to present tltis day of celebration; Congratulated the City's Parks, Recreation and Community Services Department, under the direction of Annie Ramos, for receiving the California Park and Recreation Society Award of Excellence, and also receiving the Special Award of Excellence for their commitment to exceptional maintenance of the San Bernardino Stadium, home of the State Champion baseball team, the Stampede; Announced that on Sunday, May 7, Lucky Farms, in cooperation with the Buddhist Tzu-Chi Free Clinic, would be presenting their Sixth Annual Community Healtlt Fair at their facility located at the corner of Tippecanoe and Brier; Advised that she had issued Executive Order 2000-1 directing all department heads to refuse approval or authorization of any requests or applications for any rave parties, hip-hop parties, or similar events at all City-owned and/or City-operated parks or other facilities; and - 7 - 5/112000 Reminded residents that the Stampede baseball team would be back for another home stand starting Wednesday, May 3, with additional games scheduled for Thursday, Friday and Saturday. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that on April 27 a meeting had been held at City Hall to unveil the City's new on-line building permit system, which will be implemented in the near future. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark announced that The American Cancer Society's Relay for Life, a team event to fight cancer, would be held at San Gorgonio High School over the May 6 - May 7 weekend. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that full reading of the resolutions and ordinances on tlte regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 20, 2000; April 3, 2000. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated April 26, 2000, in accordance witlt Civil Service rules and Personnel policies adopted by the Mayor and Common Council of tlte City of San Bernardino, be approved and ratified. ORD. MC-I072 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.250 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING VEHICLES ON UNPAVED PARCELS OF REAL PROPERTY. Final (9) - 8 - 5/1/2000 Council Member Anderson made a motion, seconded by Council Member Lien, that said ordinance be adopted. Ordinance No. MC-1072 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-92 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TRAUTWEIN CONSTRUCTION FOR REPAIR OF FAILED BOX CULVERTS AT VARIOUS LOCATIONS PER PLAN NO. 9975. (10) RES. 2000-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 1999-299 BY AMENDING THE GRANTEE AS SHOWN ON EXHIBIT "B" OF SAID RESOLUTION AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE AN AMENDED GRANT DEED FOR SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY PARKWAY AND KENDALL DRIVE IN SAID CITY. (12) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. 2000-92 and 2000-93 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. ORD. MC-I073 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS, EXPLOSIVES AND FIRES. Final (14) Council Member Anderson made a motion, seconded by Council Member Lien, that said ordinance be adopted. Ordinance No. MC-I073 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. - 9 - 5/1/2000 RES. 2000-94 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO THE CITY OF CORONA FOR SIX USED POLICE MOTORCYCLES FOR THE POLICE DEPARTMENT TRAFFIC DIVISION. (17) RES. 2000-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A CALIFORNIA LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE (CLETEP) GRANT FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) AND AWARDING A CONTRACT TO MATTMAN COMPANY OF ESCONDIDO, CA FOR THE CONSTRUCTION OF A "MOBILE COMMUNITY SERVICE CENTER" VEHICLE IN AN AMOUNT NOT TO EXCEED $242,042.91. (18) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. 2000-94 and 2000-95 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-96 - RESOLUTION AUTHORIZING AN INCREASE IN THE ANNUAL PURCHASE ORDERS TO MCCRAY ENTERPRISES, P&S TRUCK SUPPLY, INC., AND RUSH TRUCK CENTERS OF CALIFORNIA FOR STATE MANDATED PREVENTIVE MAINTENANCE INSPECTIONS AND REPAIR OF THE CITY'S HEAVY TRUCK FLEET. (19) Council Member Anderson made a motion, seconded by Council Member Lien, that the Director of Finance be authorized to amend the FY 1999/2000 budget and appropriate $44,000 from the Fleet Fund's Unappropriated/Undesignated fund balance for outside vehicle maintenance (635-341-5173); and that said resolution be adopted. The motion carried and Resolution No. 2000-96 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-97 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J. CARDENAS CONSTRUCTION FOR CONSTRUCTION OF SlDEW ALKS AND DISABLED ACCESS RAMPS AT VARIOUS LOCATIONS, PER PLAN NO. 10020. (11) - 10 - 5/1/2000 Council Member Estrada made a motion, seconded by Council Member Lien, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 1999/2000 budget and transfer $30,000 from 126-369-5504-7119 (Repair Box Culverts) to 126-369-5504-7149 (Disabled Access Ramps - Citywide). Resolution No. 2000-97 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-98 - RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2000-2001; THE ISSUANCE AND SALE OF A 2000-2001 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM. (13) Council Member Estrada made a motion, seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-98 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-99 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH GLEN HELEN RACEWAY PARK. (15) Council Member Estrada made a motion, seconded by Council Member Anderson, tltat said resolution be adopted. Resolution No. 2000-99 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-100 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GASKA INC. TO LEASE CERTAIN REAL PROPERTY FOR THE AREA "D" COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 91-268. (16) Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. - 11 - 5/1/2000 Resolution No. 2000-100 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF SABO AND GREEN FOR LEGAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (Continued from April 17, 2000) (20A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF MILLER & SCHROEDER FINANCIAL, INC. FOR INVESTMENT BANKING SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (Continued from April 17, 2000) (20B) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF GFB-FRlEDRlCH & ASSOC., INC., FOR ASSESSMENT ENGINEERING SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (Continued from April 17, 2000) (20C) Development Services Director Hays advised that tlte property negotiations were not yet complete; therefore, staff was recommending that the items be tabled at this time. Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that the items be tabled. COUNCIL MEMBER McGINNIS EXCUSED At 10:13 a.m., Council Member McGinnis declared a conflict of interest due to the fact that he lives within close proximity of the project area, stated he would abstain from voting on Agenda Item No. 21, and left the Council meeting. AUTHORIZE STAFF TO PROCEED FORMATION OF LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WATERMAN AVENUE & WASHINGTON STREET AREA - TENTATIVE TRACT NOS. 15826 & 15991 (Continued from April 17,2000) (21) - 12 - 5/1/2000 Council Member Anderson made a motion, seconded by Council Member Suarez, that the matter be continued to the Mayor and Council meeting of May 15, 2000. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstain: Council Member McGinnis. Absent: None. COUNCIL MEMBER McGINNIS RETURNED At 10: 14 a.m., Council Member McGinnis returned to the Council meeting and took his place at the Council table. COUNCIL MEMBER McCAMMACK EXCUSED At 10: 15 a.m., Council Member McCammack declared a conflict of interest due to tlte fact that she owns a business/property along Highland Avenue, stated she would abstain from voting on Agenda Item No. 22, and left the Council meeting. TERMINATE CONTRACT - RELEASE CONTRACT BONDS FOR CONVENIENCE - INSTALL STREET TREES - HIGHLAND AVENUE, FROM "E" STREET TO WATERMAN AVENUE - COLAROSSI CONSTRUCTION - PLAN NO. 9845 (Continued from April 17 ,2000) (Discussed later in the meeting - page 16) (22) Michael E. Hays, Director of Development Services, submitted a staff report dated April 19,2000, regarding the contract with Colarossi Construction for tlte installation of street trees along Highland A venue from "E" Street to Waterman Avenue. City Attorney Penman requested that Agenda Item No. 22 and related Item No. 23 be considered later in the afternoon. COUNCIL MEMBER McCAMMACK RETURNED At 10: 17 a.m., Council Member McCammack returned to the Council meeting and took her place at the Council table. RES. 2000-101 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING EXECUTIVE ORDER 2000-1 CONCERNING RAVE PARTIES, HIP HOP PARTIES, AND SIMILAR EVENTS, ACTIVITIES, AND DANCES. (S2) Discussion ensued regarding the actual definition of a rave or hip hop party and how they can be differentiated from other types of parties; also, whether this resolution covers all parties at City-owned/operated facilities or just the all night venues. - 13 - 5/1/2000 The Mayor noted that the resolution is intended to challenge San Bernardino community leaders, school leaders, and faith leaders to sponsor parties that have plenty of adult supervision and discourage the all-night parties which are sponsored by outside vendors for profit and whose main attendance is out-of-town people. Discussion ensued regarding the language in the resolution, tlte scope and parameters of tlte resolution, and the need for more definitive policy language. It was noted that City facilities are just the tip of the iceberg, and some of the Council thought the matter should be referred to the Legislative Review Committee for further study. Council Member Schnetz stated that what he was hearing from the Council was tltat the City should possibly look at an ordinance that would affect not only City-owned properties, but also privately owned properties witlt regard to hip-hop and rave parties. He stated that Council and staff need to figure out ways to stop this type of crowd, and this could include hours of operation, elimination of certain types of activities such as the mosh pits, etc.; and this should be done as an ordinance not just an executive order. Jay Lindberg, 6430 Orange Knoll, San Bernardino, CA, noted tltat one of the problems of moving the venue for these concerts out of town, is that you increase the chances of the kids being killed by driving drunk. Council Member Schnetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-101 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RECESS MEETING At 10:38 a.m., Mayor Valles recessed the meeting to 11:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11: 12 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, McCammack; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: None. - 14 - 5/1/2000 PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-03 - CHANGE LAND USE DESIGNATION - 1.2 ACRES - FROM CR-2 , COMMERCIAL REGIONAL-DOWNTOWN TO RM, RESIDENTIAL MEDIUM - SOUTH SIDE VICTORIA STREET , BETWEEN "E" & "F" STREETS - CITY INITIATED (24) Michael E. Hays, Director of Development Services, submitted a staff report dated April 11, 2000, regarding General Plan Amendment No. 99-03. Mayor Valles opened the hearing. Director Hays advised tltat the proposed general plan amendment would involve nine parcels and would allow reuse of existing multi-family units which are now considered nonconforming. Mr. Hays noted that the owner of parcel #APN 134-023-20 would like his parcel excluded from the change in land use designation, which would equate to an area approximately 60 x 130 feet. Susan Hartman, a resident of Mentone, stated tltat more housing is needed for single people in San Bernardino who are not eligible for AFDC. Mr. Roe, 325 West Sixth Street, San Bernardino, CA, owner of the property requested for exclusion, provided additional information on the specific location of said parcel and expressed his support of the proposed action. Deputy City Attorney Empeno noted that the motion should also include exclusion of Parcel No. APN 134-023-20 from resolution Attachments A and B. RES. 2000-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL Pl.AN AMENDMENT NO. 99-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CR-2, COMMERCIAL REGIONAL- DOWNTOWN, TO RM, RESIDENTIAL MEDIUM, FOR 1.2 ACRES LOCATED ON THE SOUTH SIDE OF VICTORIA STREET BETWEEN "E" AND "F" STREETS. (24) Council Member McGinnis made a motion, seconded by Council Member McCammack, that the hearing be closed; and that said resolution be adopted, except that Parcel No. APN 134-023-20 be excluded from the change in land use designation, and that said deletion be so noted on Attachments A and B to said resolution. - 15 - 5/1/2000 The motion carried and Resolution No. 2000-102 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC COMMENTS (28) Susan Hartman, an advocate for the homeless, commented on the lack of money in San Bernardino to pay for the services of an advocate for the homeless. ADJOURN MEETING At 11:21 a.m., Mayor Valles adjourned the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:09 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. 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, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. It was the consensus of the Mayor and Common Council that since Agenda Item Nos. 22 and 23 were related tltat they be considered at the same time. COUNCIL MEMBER McCAMMACK EXCUSED At 2:10 p.m., Council Member McCammack declared a conflict of interest due to the fact that she owns a business/property on Highland Avenue, stated that she would abstain from voting on Agenda Item Nos. 22 and 23, and left the Council meeting. TERMINATE CONTRACT - RELEASE CONTRACT BONDS FOR CONVENIENCE - INSTALL STREET TREES - HIGHLAND AVENUE, FROM "E" STREET TO WATERMAN AVENUE - COLAROSSI CONSTRUCTION - PLAN NO. 9845 (Continued from April 17, 2000) (Discussed earlier in the meeting - page 13) (22) Ray Casey, City Engineer, distributed a three-page handout titled HIGHLAND AVENUE depicting the work that has been accomplished thus far and the work to be completed through a subsequent bid process, as well as a breakdown of the costs to accomplish completion of the project. Mr. Casey provided an overview of the original bid amount, the proposed settlement with Colarossi Construction, and the costs involved witlt completing the project. - 16 - 5/1/2000 Jay Lindberg, 6430 Orange Knoll, San Bernardino, CA, stated that he has been involved in construction work and did not understand how this situation occurred in the first place. Discussion ensued regarding the scope of the project, the costs involved, and how the situation with Colarossi Construction had developed. City Engineer Casey advised that the settlement with Colarossi Construction was based on actual time and materials. Council Member Anderson made a motion, seconded by Council Member Estrada, that the Mayor and Common Council terminate the Contract for Convenience and Release all Contract Bonds-Installation of Street Trees along Highland A venue from "E" Street to Waterman Avenue (Colarossi Construction) per Plan No. 9845 and authorize payment to Colarossi Construction in the amount of $150,000 plus monies owed to material suppliers as settlement for all costs incurred and claims arising from this contract. The motion carried by the following vote: Ayes: Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Member McCammack. Absent: None. Council Members Estrada, None. Abstain: Council Council Member Lien requested that staff address this matter during the upcoming budget deliberations, insofar as identification of specific funding sources for completion of the project and, if possible, a timeline for completion. APPROVE - CHANGE ORDER NO. ONE - HOLLAND-LOWE CONSTRUCTION, INC. REHABILITATE PAVEMENT HIGHLAND AVENUE - ROUTE 259 TO WATERMAN AVENUE - PLAN NO. 9996 (23) Michael E. Hays, Director of Development Services, submitted a staff report dated April 17, 2000, regarding Change Order No. One to the contract with Holland- Lowe Construction, Inc., for rehabilitation of pavement on Highland Avenue from Route 259 to Waterman Avenue. Council Member Anderson made a motion, seconded by Council Member Estrada, that Contract Change Order No. One with Holland-Lowe Construction, Inc., be approved for trenching, backfilling, restoration of pavement, and installation of irrigation system for a total Change Order amount of $57,928, increasing the contract total from $376,101.90 to $434,029.90. - 17 - 5/1/2000 The motion carried by the following vote: Ayes: Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Member McCammack. Absent: None. Council Members Estrada, None. Abstain: Council COUNCIL MEMBER McCAMMACK RETURNED At 2:44 p.m., Council Member McCammack returned to the Council meeting and took her place at the Council table. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 2:44 p.m., City Attorney Penman and City Administrator Wilson 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 At 2:44 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. CDC/2000-8 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DESIGNATING CHECK SIGNERS AND COUNTERSIGNERS FOR THE CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY/ECONOMIC DEVELOPMENT AGENCY CHECKS AND WIRE TRANSFERS, AND REPEALING RESOLUTION NO. 5555. (R25) Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. CDC/2000-8 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Suarez, Anderson, McCammack. Nays: None. Absent: None. - 18 - 5/1/2000 RES. CDC/2000-9 - 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, AUTHORIZING THE CHAIRPERSON OF THE COMMUNITY DEVELOPMENT COMMISSION TO EXECUTE A TWO (2) YEAR OPERATION AND MANAGEMENT AGREEMENT WITH THEATRICAL ARTS INTERNATIONAL. (R26) Council Member Schnetz made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. CDC/2000-9 was adopted by tlte following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:49 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RES. 2000-103 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN AND RELATED ENVIRONMENTAL IMPACT REPORT FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R27A) RES. CDC/2000-10 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN AND RELATED ENVIRONMENTAL IMPACT REPORT FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R27B) Ron Winkler, Director, Development Departtnent, Economic Development Agency, reviewed the staff report with the Council, noting tltat the Council had been at an impasse when this item had been presented at a previous meeting. However, today's proposal contained two changes--reduction of the project area boundaries to eliminate all residential properties and redirection of the 20% set-aside funds derived from the new project area to the Northwest Project Area and other areas in the Sixth Ward. - 19 - 5/1/2000 City Attorney Penman advised on the process to be followed by tlte 40'h Street Project Area Committee (PAC) and the Planning Commission relative to incorporation of the two changes into the Redevelopment Plan, noting that what the Council was being asked to approve today was the setting of the public hearing and advertisement of same. Council Member Schnetz stated that he concurred with the elimination of residential housing; however, he did not agree with elimination of the apartments on the west side of Sepulveda. He stated tltat he had outlined what he felt should be the project area boundaries and submitted a map delineating said modifications. Special Counsel Sabo submitted into the record a second revision of the map, which depicted extended/enlarged boundaries for the proposed project area (in comparison to the first revision submitted with tlte staff report) and a small additional area on 49'h Street and Waterman Avenue. Discussion ensued regarding tlte revised boundary map and how this would affect the notification process and/or change which property owners would be notified. The Council questioned whether changing the boundaries from those submitted on the original map would have an impact on the legal work/requirements already accomplished. Special Counsel Sabo advised that a map had been filed with the State Board of Equalization; however, said map could be contracted without difficulty. However, if the map were to be expanded, the entire process would have to begin again. He stated that if the Council decided to scale down on the project area, virtually all of the work done thus far could be salvaged. Council Member McCammack made a motion, seconded by Council Member Schnetz, tltat said resolutions be adopted, based on the originally proposed study area/original map. The motion carried and Resolution Nos. 2000-103 and CDC/2000-1O were adopted by tlte following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 3:39 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. - 20- 5/1/2000 MAYOR V ALLES EXCUSED At 3:39 p.m., Mayor Valles left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Anderson PUBLIC COMMENTS (28) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted a booklet entitled, "Chapter 12, The Hunt For Justice" and spoke regarding corruption in San Bernardino and the responsibility of being a citizen and living in a democracy. Paul Sanborn, 267 South "E" Street, San Bernardino, CA, commended Council Member McCammack on her recent election; commended the Mayor on the proposed internet permitting system; and commented on the need for additional fire and building and safety personnel to work witlt the local contractors. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 3:45 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 witlt legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Manta Management Com. vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 18157; Pastor Harrv L. Jacks vs. City of San Bernardino, et al. - United States District Court Case No. CV 99-01511 MMM (MANx). 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 - ant icipated litigation litigation pursuant to subdivision (c) of Government 54956.9. initiation of Code Section D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. - 21 - 5/1/2000 E. Closed session with Chief of Police on matters posing a tltreat to the security of public buildings or threat to tlte 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 witlt real property negotiator pursuant to Government Code Section 54956.8: Property Address: 303 West 3" Street Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and J. Kevin Brunk of 303 West 3" Street, LLC Under Negotiation: Purchase terms and conditions CLOSED SESSION At 3:45 p.m., Mayor Pro Tem Anderson called the closed session to order in tlte 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 Pro Tem Anderson; Council Members Estrada, Lien, 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: Council Members McGinnis, Schnetz. Also present: Ron Winkler, Director of Director of Business Recruitment, Retention Development Agency. Development, and Ann Harris, and Revitalization, Economic - 22- 5/1/2000 ADJOURN CLOSED SESSION/MEETING (29) At 4:11 p.m., the meeting was adjourned to 3:00 p.m., Tuesday, May 2, 2000, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, May 15, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~~.~J Linda E. Hartzel Deputy City Clerk No. of Items: 31 No. of Hours: 5 - 23 - 5/1/2000