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HomeMy WebLinkAbout05-15-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 15, 2000 COUNCIL CHAMBERS The joint regular meeting of tlte Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tem Estrada at 8:11 a.m., Monday, May 15, 2000, in tlte Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark witlt the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman announced that the following additional cases would be discussed in closed session: Jaime Alvarez, et al. vs. City of San Bernardino, et al. - United States District Court Case No. CV 00-03048 GHK (RCx); Anthonv Banks vs. City of San Bernardino. et al. - United States District Court Case No. CV-95-3656R (RMC); Stewart D. Cumming. an individual. & Cimarron Ranch Neighborhood Association, a non-profit association, vs. City of San Bernardino and City Council of the City of San Bernardino (dba Common Council) - San Bernardino Superior Court Case No. SCVSS 66744. RECESS MEETING - CLOSED SESSION (1) At 8:11 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): 1 5/15/2000 Manta Management Com. vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 18157; State of California ex reI. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Peter Tavlor. et al. vs. City of San Bernardino, et al. - United States District Court Case No. CV 99-2138 NM (Ctx); Rose Mihata vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 D. 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 witlt labor negotiator pursuant to Government Code Section 54957.6. G. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:11 a.m., Mayor Pro Tem Estrada called the closed session to order in the conference room of tlte Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with tlte following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Administrator Wilson. Absent: Council Member McGinnis. 2 5/1512000 Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Empeno, and Administrative Operations Supervisor Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda 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 McGINNIS ARRIVED At 8:50 a.m., Council Member McGinnis arrived at the closed session. ADJOURN CLOSED SESSION At 8:59 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:07 a.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with tlte following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. COUNCIL MEMBER ANDERSON EXCUSED At 9:08 a.m., Council Member Anderson left the Council meeting. INVOCATION The invocation was given by Reverend David Randolph, Chaplain at San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Jose Castillo, a fourth grader at Ramona Alessandro Elementary School. APPOINTMENTS ANIMAL ADVISORY COMMISSION COMMUNITY TELEVISION COMMISSION - COUNCIL MEMBER ESTRADA & MAYOR V ALLES (2) 3 5/15/2000 Mayor Valles submitted staff reports dated May 10, 2000, recommending the appointments of Jerry Esparza to tlte Animal Advisory Commission, as requested by Council Member Estrada, and Russell Lackner, her appointee to the Community Television Commission as an alternate member. Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, tltat the appointment of Jerry Esparza to the Animal Advisory Commission and Russell Lackner as an alternate member of the Community Television Commission, as requested by Council Member Estrada and Mayor Valles, be approved. COUNCIL MEMBER ANDERSON RETURNED At 9:12 a.m., Council Member Anderson returned to tlte Council meeting and took her place at tlte Council table. PROCLAMATION - NATIONAL SALVATION ARMY WEEK - MAY 14-20, 2000 (3) Teri Rubi, Executive Assistant to tlte Mayor, read a proclamation declaring May 14-20, 2000, National Salvation Army Week in the City of San Bernardino. Major Russell Fritz accepted the proclamation on behalf of the Salvation Army. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to tlte Mayor, read tlte names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Cecil Dillard Valerie Ross Burnett Ross, J r. Janis Ingels Larry Martin Tressa Hern Lawrence Neigel Michael Pacewiczh Roberta Villegas Richard Romero Department City Attorney's Office Development Services Facilities Management Management Information Services Management Information Services Po lice Police Police Police Police Years of Service 10-year pin 15-year pin 20-year pin 10-year pin lO-year pin 5-year pin 30-year pin 10-year pin 10-year pin 10-year pin Each employee received a service pin presented by Mayor Pro Tem Estrada. 4 5/15/2000 ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce , announced several upcoming events in the City of San Bernardino including the National Orange Show taking place May 25-29 and Hot Rod Magazine's Power Tour 2000, which will start at noon on June 1, in downtown San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced tltat the Water Resources Authority meeting would be rebroadcast on Thursday, May 18, at 9:00 a.m. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack announced that there would be a Broadway-type musical production at the California Theatre this coming weekend. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced tltat on May 16 at 11:00 a.m. there would be a special re-dedication ceremony of the existing Maternity Unit at the San Bernardino Community Hospital in honor of their new "Babies First" program. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez congratulated Bill Flesher, who was recently selected as police "Officer of the Year;" announced that the Convention and Visitors Bureau had unveiled their new Route 66 T-shirt; commented tltat the recent city-wide cleanup day was a great success; noted that the Renaissance Faire will continue for six more weekends; and announced that the Soap Box Derby would be held at the Western Regional Little League field this coming Saturday and Sunday. ANNOUNCEMENTS - MAYOR PRO TEM ESTRADA (4) Mayor Pro Tem Estrada, on behalf of Mayor Valles, congratulated Officer William Flesher on being selected "Officer of tlte Year" at tlte recent Law Enforcement Recognition Dinner; urged support of the Stampede baseball team during their upcoming home games and support of tlte Renaissance Faire at Glen Helen Regional Park; and invited all residents to come downtown at noon on Thursday, June 1, when Chevrolet and Hot Rod Magazine will present tlte Power Tour 2000 featuring hundreds of hot rods, followed by a free concert at Court Street Square at 6:30 p.m. featuring country western entertainer Neal McCoy. 5 5/15/2000 ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced tltat parents need to become familiar with the new retention law being exercised by the school districts, which allows the school districts to hold back those students who do not pass the equivalency test for their grade level. This year it will apply to sixth and eighth graders; however, it will be expanded to other grades in the future. Later in tlte meeting, Ms. Estrada reminded the public of two upcoming Charter Town Hall Meetings, sponsored by tlte Charter Review Committee, scheduled as follows: Tonight, May 15, at Del Vallejo Middle School from 6:00-8:30 p.m. and tomorrow, May 16, at the downtown Feldheym Central Library from 6:00-8:30 p.m. She noted that this would be an opportunity for the Committee to gather public input relative to recommended Charter changes. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman commented on a recent "Letter to the Editor" published in tlte San Bernardino County Sun relative to the City Attorney's understanding of how and where the 20% set aside monies associated with the 40th Street Project Area Committee must be spent. He stated that the law is very clear on this and explained the issues involved. He also advised that the Charter Review Committee was holding public information meetings, and commented that it was good to see former Mayor Holcomb at the meeting on Saturday, May 13. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark wished a "Happy Birthday" to her husband, Ken, and her sister, Martha Sack. 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 the regular agenda of the Mayor and Common Council/Community Development Commission be waived. CLAIMS & PAYROLL (6) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the claims and payroll and tlte autltorization to issue warrants as listed on tlte memorandum dated May 10, 2000, from Barbara Pachon, Director of Finance, be approved. 6 5/15/2000 PERSONNEL ACTIONS (7) 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 May 10, 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. RES. 2000-104 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TERRA-CAL CONSTRUCTION, INC. FOR CONSTRUCTION OF PHASE I, MASTER PLAN STORM DRAIN IMPROVEMENTS AT "H" STREET FROM 17TH STREET TO 24TH STREET PER PLAN NO. 10065. (8) RES. 2000-105 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC. FOR STREET IMPROVEMENTS AND TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND HOSPITALITY LANE PER PLAN NO. 10029. (9) RES. 2000-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 92-389 ENTITLED, IN PART, "A RESOLUTION DETERMINING THE STREETS OR PORTIONS THEREOF WHERE ANGLE PARKING IS PERMITTED. . ." TO ESTABLISH ANGLE PARKING ON THIRD STREET BETWEEN "K" STREET AND VIADUCT BOULEVARD, APPLICABLE TO THE NORTH SIDE ONLY. (10) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. 2000-104, 2000-105, and 2000-106 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPROVE PLANS - AUTHORIZE ADVERTISEMENT FOR BIDS - FLOOD DAMAGE REPAIR - ALABAMA STREET - TIPPECANOE AVENUE AT SANTA ANA RIVER - PEPPER AVENUE, EASTSIDE NORTH OF RlALTO AVENUE - PLAN NO. 10035 - AMEND FY 1999/2000 BUDGET & TRANSFER FUNDS (11) 7 5/1512000 Michael E. Hays, Director of Development Services, submitted a staff report dated May 2, 2000, regarding approval of plans and authorization to advertise for bids for flood damage repair at various locations. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that Plan No. 10035 for flood damage repair at Alabama Street, Tippecanoe Avenue at Santa Ana River, and Pepper Avenue at Eastside, north of Rialto Avenue, be approved; that tlte Director of Development Services be authorized to advertise for bids; and that the Director of Finance be authorized to amend the FY 1999/2000 Street Construction budget to: a) appropriate $99,000 to 242- 362-5540-1783 (Flood Damage Repair); and b) increase revenue Account No. 242-000- 4630 (Federal Aid) by $87,600 to reflect the corresponding reimbursement received by the City from tlte Federal Highway Administration. REIMBURSE - CITY OF COLTON - SAN BERNARDINO'S SHARE OF CONSTRUCTION COSTS - RANDALL AVENUE STORM DRAIN - $30,000 (13) Michael E. Hays, Director of Development Services, submitted a staff report dated May 8, 2000, regarding reimbursement to tlte City of Colton for San Bernardino's share of construction costs for the Randall Avenue storm drain. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, tltat the Mayor and Common Council autltorize the Director of Development Services to reimburse the City of Colton for San Bernardino's share of tlte cost of construction of tlte Randall Avenue storm drain in the amount of $30,000. RES. 2000-107 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE BRYANT CONSTRUCTION, INC., FOR THE RETROFIT OF A FUEL DISPENSING STATION AT FIRE STATION 231, 450 VANDERBILT WAY IN SAN BERNARDINO. (14) RES. 2000-108 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE PROTECTION AND PARAMEDIC SERVICE IN THE COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO'S SPHERE OF INFLUENCE. (15) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. 8 5/15/2000 Resolution Nos. 2000-107 and 2000-108 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SET WORKSHOP - WEDNESDAY, MAY 31, 2000 - 2:00 P.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM - REVIEW & DISCUSS - DRAFT CHARTER PROPOSAL - CHARTER REVIEW COMMITTEE (16) Mayor Valles submitted a staff report dated May 4, 2000, recommending tltat a workshop be set to review and discuss the draft Charter as proposed by the Charter Review Committee. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that a workshop be set for Wednesday, May 31, 2000, at 2:00 p.m. in the Economic Development Agency Board Room to receive information and discuss the draft Charter proposal as submitted by tlte Charter Review Committee. RES. 2000-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMISSION OF A FUNDING REQUEST FORM FOR CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES FROM THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING. (18) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 2000-109 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPROVE - ADVERTISE FOR PROPOSALS - CONTRACT STREET SWEEPING SERVICES (19) Lynn Merrill, Director of Public Services, submitted a staff report dated April 5, 2000, requesting authorization to advertise for proposals for contract street sweeping services. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the Mayor and Common Council approve the request to advertise for proposals for contract street sweeping services. 9 5/15/2000 APPROVE PLANS - ADVERTISE FOR BIDS - GUARDRAIL IMPROVEMENTS - LITTLE MOUNTAIN DRIVE, SOUTH OF KENDALL DRIVE - PACIFIC STREET & CHURCH AVENUE - PLAN NO. 10094 - AMEND 1999/2000 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET - TRANSFER FUNDS (12) Michael E. Hays, Director of Development Services, submitted a staff report dated April 24, 2000, regarding guardrail improvements at various locations throughout the city. Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the 1999/2000 Capital Improvement Program (CIP) budget and transfer $60,000 from Account No. 126-369-5504-7150 (Pavement Rehabilitation City Wide) to Account No. 126-369-5504-7184 (Guardrail Improvements at Little Mountain Drive, south of Kendall Drive, and Pacific Street and Church Avenue, per Plan No. 10094); and tltat Plan No. 10094 for Guardrail Improvements at Little Mountain Drive, south of Kendall Drive, and Pacific Street and Church Avenue, be approved. RES. 2000-110 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM COMCAST CABLEVISION CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION. (20) Council Member McGinnis noted that all residents of tlte City are not yet able to receive the City Council meetings and questioned whether any progress was being made by the cable companies to provide this service. Jerry Norris, General Manager, Comcast Cablevision, advised that they have been working on the problem. Larry Windsor, Regional Government Affairs Manager, Adelphia Communications Company, 2939 Nebraska Avenue, Santa Monica, CA, noted that Adelphia is a family-owned business which will become the nation's sixth largest cable company. He advised that the City of San Bernardino is one of 32 franchises being transferred from Comcast to Adelphia. Council Member McCammack made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-110 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. 10 5/15/2000 CITY ATTORNEY PENMAN EXCUSED At 9:44 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. MAYOR PRO TEM/COUNCIL MEMBER ESTRADA EXCUSED At 9:44 a.m., Mayor Pro Tem/Council Member Estrada left the Council meeting and declared a conflict of interest on Agenda Item No. 17, due to tlte fact that Casa Ramona is her employer. Council Member Anderson assumed the duties of Mayor Pro Tem. RES. 2000-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 10 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 PERIOD. (17) Council Member Lien pointed out that there are many agencies throughout the city tltat provide this service without funding. She stated that she hoped the City could expand its support of these other agencies to the extent that it supports Casa Ramona and the Wests ide drop-in centers. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-111 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. MAYOR PRO TEM/COUNCIL MEMBER ESTRADA RETURNED At 9:47 a.m., Mayor Pro Tem/Council Member Estrada returned to the Council meeting and took her place at the Council table. ORDINANCE OF THE CITY OF SAN BERNARDINO DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 995. (Continued from April 17, 2000) First (22) Council Members Suarez and Anderson applauded the late Councilman Devlin for his efforts in eliminating this assessment, which atfected over 160 homeowners. 11 5/15/2000 Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER McGINNIS EXCUSED At 9:52 a.m., Council Member McGinnis left the Council meeting and declared a conflict of interest on Agenda Item No. 23, stating he lived in close proximity to the proposed project area. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:53 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. PROCEED WITH FORMATION - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WATERMAN AVENUE & WASHINGTON STREET AREA - TENTATIVE TRACT NOS. 15826 & 15991 (Continued from May 1, 2000) (Discussed later in the meeting - page 18) (23) Dan Brison, 177 Manchester Lane, San Bernardino, CA, president of the West Colony Community Association, stated that they are concerned that a housing development is being proposed which has no homeowners association. He noted tltat they have 410 homeowners in their association, and they are concerned with the potential impact this proposed development would have on tlteir facilities. Mr. Brison requested that the matter be continued until they could meet witlt the developer to discuss various issues and concerns. He submitted pictures showing the various facilities and greenbelt areas of his community. Richard Messer, 2548 Winston Court, San Bernardino, CA, a board member of the West Colony Community Association, pointed out that tlteir area is bounded by major streets and the original two parcels in question were once part of their association. He stated they would like the opportunity to explore the possibility of the new homeowners joining their homeowners association and requested a continuance of this item. Mike Mercer, 2661 Annapolis Circle, San Bernardino, CA, concurred with the previous speakers, stating that they would like to have the opportunity to meet with the developer. Jim Fahs, Jr., President of JMS Homes, LLC, current owner/developer of the property, explained that the parcel on the corner of Waterman Avenue and Washington Street was originally owned by the Redevelopment Agency and zoned for commercial use. He added that it has always been excluded from the Master Declaration of Tract No. 11414, which was proposed and implemented back in 1983/84, and was never contemplated to be part of the homeowners association. He stated that the other parcel 12 5/1512000 was designated in the original Declaration as property which could be annexed; however, it was left up to the current builder or developer of the property to either annex the property into the master association or to exclude it from the master association. Mr. Fahs advised that he has reviewed this with Deputy City Attorney Empeno, he has gone through the process of meeting with the Development Review Committee (DRC) to review this issue, meeting with tlte City Council when the commercial parcel was rezoned (and this issue was brought up at that time), and throughout this whole process the project was approved, the rezoning was implemented, the conditions of approval were approved, the appeal period expired, and they are now in tlte process of imminently recording their map and starting construction on the northern parcel. He stated that he had met with the homeowners association at the time of the rezoning and discussed this matter with them. Mr. Fahs stated he did not want to have a homeowners association for a residential tract development. He stated that at a later date, once the homes are developed, the existing homeowners association could canvass those individuals who have bought homes in the new tracts, and if they want to join, tlten they always have tltat ability to join at a later date. Discussion ensued regarding the proposed project area and the idea of a homeowners association versus a landscape maintenance district. It was suggested that possibly the opportunity to join the homeowners association could be offered to potential buyers. Also noted was the positive influence of homeowners associations relative to continued property upkeep. It seemed that the Council was desirous of seeing the developer and the existing homeowners association come to a win/win agreement, if at all possible. Mr. Fahs pointed out that these homes were not entry level homes--that the project would be a very nice, attractive, high-end, high-quality project; and there was no need to worry that this area would become a code compliance problem area; and Development Director Hays also attested to the caliber of homes being proposed. City Clerk Clark read into the record a letter dated May 9, 2000, addressed to Deputy City Attorney Henry Empeno from James D. Fahs, Jr., which closed with, "Therefore, we urge that the City Council proceed to ratify the establishment of the LMD as proposed." Council Member Schnetz made a motion, seconded by Council Member Suarez, that the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code 12.90, with tlte establishment of a landscape maintenance assessment district in the Waterman Avenue and Washington Street area, within Tentative Tract Nos. 15826 and 15991, to be known as Assessment District No. 1027. 13 5/15/2000 The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson. Nays: None. Abstain: Council Member McCammack. Absent: Council Member McGinnis. COUNCIL MEMBER McGINNIS RETURNED At 10:21 a.m., Council Member McGinnis returned to the Council meeting and took his place at the Council table. Mayor Pro Tem Estrada apologized for overlooking a speaker's slip relative to tltis item and called the following speaker to tlte podium. Don Jackson, Sergeant Properties, 208 Soutlt "E" Street, San Bernardino, CA, stated that his company was the property management company for the West Colony Community Association and that Mr. Fahs had never met with the association as he had indicated when addressing tlte Council. PUBLIC HEARING - CREATE - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1025 - PALM AVENUE & WASHINGTON STREET AREA (21) Michael E. Hays, Director of Development Services, submitted a staff report dated May 1, 2000, regarding creation of Landscape Maintenance Assessment District No. 1025 in the Palm and Washington Area. Mayor Pro Tem Estrada opened the hearing. No public comments were received. City Clerk Clark submitted a memo addressed to the Mayor and Council dated May 15, 2000, in which she noted that three ballots had been received relative to Assessment District No. 1025. She noted tltat the three ballots represent 40 assessment units and the property owners approved the proposed assessment. RES. 2000-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF PALM AVENUE AND WASHINGTON STREET, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT 14 5/15/2000 TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1025, ORDERING THE WORK, CONFIRMING THE 2000-2001 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (21) Council Member McCammack made a motion, seconded by Council Member Anderson, that the public hearing relative to the formation of the Palm and Washington Area Landscape Maintenance Assessment District No. 1025 be closed, and a determination of assessment ballots and/or protests filed be made; and tltat said resolution be adopted. The motion carried and Resolution No. 2000-112 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SET DATES - FISCAL YEAR 2000/2001 - BUDGET HEARINGS (25) Fred Wilson, City Administrator, submitted a staff report dated May 10, 2000, in which he recommended various dates and times for the fiscal year 2000/2001 budget hearings to be held. Several of the Council members noted tltat they had conflicts with the suggested dates and times and requested that any decision be postponed until they could look at their schedules and make some other recommendations. Council Member Schnetz made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to the adjourned Council meeting of May 31, 2000. RECESS MEETING At 10:29 a.m., Mayor Pro Tem Estrada recessed the meeting to 12:00 noon in the Economic Development Agency Board Room for a luncheon workshop. RECONVENE MEETING At 12: 11 p.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in tlte Economic Development Agency Board Room, 201 Nortlt "E" Street, San Bernardino, California. 15 5/15/2000 ROLL CALL Roll call was taken by City Clerk Clark witlt the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis, City Attorney Penman. LUNCHEON WORKSHOP PRESENTATION DEPARTMENT RESPONSE TIME STANDARDS COMMITTEE (See related Item No.4 - page 19) FIRE AD HOC (24) Fire Chief Larry Pitzer submitted a staff report dated May 15, 2000, regarding Fire Department Emergency Service Delivery and Management and Planning Standards. Larry Veres, Chairman of the Fire Department Response Time Standards Ad Hoc Committee, gave introductory remarks explaining that the Ad Hoc Committee was formed in September 1998 to look at operating standards of the Fire Department. Mr. Veres outlined the mission and scope of the Committee's work that included a review and evaluation of Fire Department emergency service delivery factors that are germane to the following: 1) total system reflex delivery time; 2) staffing levels; 3) number of stations and sites; and 4) service delivery components. COUNCIL MEMBER McGINNIS ARRIVED At 12:28 p.m., Council Member McGinnis arrived at the luncheon workshop. Fire Chief Larry Pitzer expressed his appreciation to the members of the Ad Hoc Committee for their work and for their efficiency in establishing where fire stations should be located. Chief Pitzer gave an overview of topics discussed by tlte committee, which included the following: a. Council goals and objectives and the City's General Plan as it relates to the Fire Department b. Standard response levels to various types of incidents c. Total system delivery time components d. Effect of response time on fire calls e. City's preparedness for local and regional disasters f. Fire station siting criteria g. OSHA "2 in 2 out" rule h. Staffing levels within each division of the department 1. Turnout time j. One vs. two paramedic fire engine concept k. Building construction types I. Comparable cities survey m. ISO review 16 5/15/2000 n. Priority dispatching and dispatch process o. Risk factors/service demands Chief Pitzer stated that there were 19,102 total emergencies in 1999 and tltis does not include mutual aid calls outside of the City. He summarized the following recommendations presented by the Ad Hoc Committee; 1. Dispatch processing time shall be 60 seconds or less 90 percent of the time. 2. Turnout time shall be 60 seconds or less 90 percent of the time. 3. Drive time from fire station locations to arrival at emergency incidents shall be 5 minutes or less 90 percent of tlte time. Additional recommended actions included the following: 1. Automate the emergency medical pre-arrival and priority dispatching system. 2. Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. 3. Study and analyze issues pertinent to our City's relatively high emergency incident call volume for the purpose of recommending a metltodology to reduce calls per capita, maximize efficiency of resources, and provide the appropriate response in a cost effective manner. Chief Pitzer outlined the financial impacts of the following recommendations: a. Automated emergency medical dispatching system - $46,200 (one time cost) b. Fire station siting plan. Phase One would provide for a new fire station in the Verdemont area at a cost of $1.2 to $1.5 million dollars and an annual on-going cost estimated at $1,300,000. Phase Two would consist of the relocation of four existing fire stations for a one-time construction cost of between $4.8 to $6 million dollars. RES. 2000-113 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ESTABLISHING CERTAIN EMERGENCY RESPONSE TIME STANDARDS CONTINGENT UPON THE A V AILABILITY OF FUNDS. (24) 17 5/15/2000 Council Member McCammack made a motion, seconded by Council Member Suarez, that said resolution be adopted; tltat the Mayor and Common Council approve implementation of the automated emergency medical dispatching system; that the Mayor and Common Council approve the study and analysis of issues pertinent to our City's relatively high emergency incident call volume; and that tlte Mayor and Common Council approve tlte station-siting plan for implementation at Mayor and Council discretion, and when funding becomes available. The motion carried and Resolution No. 2000-113 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RECESS MEETING At 1:36 p.m., the luncheon workshop recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 p.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, McGinnis. PROCEED WITH FORMATION - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WATERMAN AVENUE & WASHINGTON STREET AREA - TENTATIVE TRACT NOS. 15826 & 15991 (Continued from May 1, 2000) (Discussed earlier in the meeting - page 12) (23) Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council reconsider Agenda Item No. 23, to allow other individuals (such as Mr. Don Jackson of Sergeant Property Management Company who spoke after the vote had been taken) to address the Council. COUNCIL MEMBER LIEN RETURNED At 2:05 p.m., Council Member Lien returned to the Council meeting and took her place at the Council table. 18 5/15/2000 City Attorney Penman noted that tlte applicant could not come back today; however, he did want the opportunity to be present whenever the item is considered. He added that it is important for due process that the applicant be in attendance. Mr. Penman suggested that the Council continue the matter to whatever date they so desired and direct the City Clerk to notify the applicant. He stated that it was his understanding that certain members of the Council would like to see the developer meet with the homeowners association; therefore, maybe this should be conveyed in the letter sent by the City Clerk. Council Member Suarez stated that he had a concern as to why one businessman (the developer) must check with another businessman (tlte association) before he opens his doors for business. He pointed out tltat these are two separate deals--a developer who wants to develop property he has bought and which has been authorized by the City, and then a community group that wants to put its demands on this developer. Mayor Pro Tem Estrada stated that it was her understanding that tlte continuance would afford an opportunity for these individuals to address tlte Council; she did not understand that Council Member McCammack wanted the continuance to allow time for tlte two parties to get togetlter and talk. Council Member McCammack made a motion, seconded by Council Member Anderson, that the action taken by the Common Council to proceed with the establishment of a landscape maintenance assessment district in the Waterman Avenue and Washington Street area be suspended; that tlte matter be continued to June 5, 2000; and that the City Clerk be directed to contact the developer and request that he meet with the West Colony Community Homeowners Association prior to June 5, 2000. The motion carried by tlte following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, McCammack. Nays: Council Member Suarez. Absent: Council Member McGinnis. COUNCIL MEMBER McGINNIS RETURNED At 2:19 p.m., Council Member McGinnis returned to the Council meeting and took his place at the Council table. LUNCHEON WORKSHOP ANNOUNCEMENT - CITY CLERK CLARK (See related Item No. 24 - pages 16-18) (4) City Clerk Clark announced tlte action taken by the Council at the noon luncheon relative to Agenda Item No. 24 and as recorded on pages 16-18 of these minutes. 19 5/1512000 CITY ATTORNEY PENMAN EXCUSED At 2:19 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO & EXECUTIVE DIRECTOR VAN OSDEL ARRIVED At 2:19 p.m., Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel arrived at the Council meeting. 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 2:19 p.m., Vice Chairwoman Estrada 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 Autltority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. PUBLIC HEARING - FIVE-YEAR CONSOLIDATED PLAN - 200012001 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME INVESTMENT PARTNERSHIP ACT GRANT (HOME) FUNDS - EMERGENCY SHELTER GRANT (ESG) FUNDS U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R25) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated May 9, 2000, regarding the Five-Year Consolidated Plan and the Annual Action Plan for CDBG, HOME, and ESG Funds. Vice Chairwoman Estrada opened the hearing. Ms. Pacheco reviewed the staff report and the City of San Bernardino Consolidated Plan 2000-2005 Executive Summary with the Council, advising that this year the City is expected to receive $3.8 million in CDBG funds, $1.7 million in HOME funds, and $138,000 in ESG funds. She noted that much of the new plan relies on the 1990 census, since the 2000 census is not yet completed. She added that tlte priorities adopted in 1995 remain about the same, with a focus on preservation of housing as high priority. She reviewed the priorities adopted in 1995, as well as the three additional components added this year. 20 5/15/2000 Ms. Pacheco named the individuals serving on the Community Development Citizens Advisory Committee and thanked tltem for all their hard work. Vice Chairwoman Estrada commended Ms. Pacheco and staff for the consolidation of tlte many outstanding and/or dormant grants. RES. 2000-114 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING THE: (1) COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CDCAC) RECOMMENDATIONS NOTED IN SUMMARY 1 PERTAINING TO THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2000-2001 (2) THE FIVE-YEAR (2000-2005) CONSOLIDATED PLAN INCLUDING THE AMENDED CITIZEN'S PARTICIPATION PLAN AND THE 2000/2001 ANNUAL ACTION PLAN AND (3) AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT TO HUD ALL APPROPRIATE DOCUMENTS AND TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE CITY'S CONSOLIDATED AND 2000/2001 ANNUAL ACTION PLANS AND THE PREPARATION AND EXECUTION OF CDBG AGREEMENTS WITH THE RESPECTIVE AGENCIES. (R25) Council Member Anderson made a motion, seconded by Council Member Suarez, that the hearing be closed; and tltat said resolution be adopted. The motion carried and Resolution No. 2000-114 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2000-11 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIR OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO. 1 TO THE REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT (DATED AS OF NOVEMBER 17, 1999) FOR THE TIPPECANOE REDEVELOPMENT IMPLEMENTATION AREA (PEARLMAN/HOPKINS). (R26A) 21 5/15/2000 RES. CDC/2000-12 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LSA ASSOCIATES, INC., FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND RELATED TRAFFIC STUDIES FOR THE TIPPECANOE IMPLEMENTATION AREA. (R26B) RES. 2000-115 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LSA ASSOCIATES, INC., FOR THE PREPARATION OF A TRAFFIC STUDY FOR THE AREA CALLED HOSPITALITY EAST AREA (HEA). (R26C) Ron Winkler, Director, Development Department, reviewed the staff report with tlte Council and provided a synopsis of past Council/Committee actions. Vice Chairwoman Estrada inquired whether the LSA proposal had gone out for bid. Mr. Winkler indicated tltat it had gone out for bid, there had been seven respondents, and LSA had the most responsive bid. Council Member McGinnis made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. CDC/2000-11, CDC/2000-12, and 2000-115 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2000-13 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS RELATING TO A REIMBURSEMENT OBLIGATION PAYABLE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE LOW- AND MODERATE-INCOME HOUSING FUND AND APPROVING THE REDEVELOPMENT COOPERATION AND REIMBURSEMENT AGREEMENT (PATTON FARMS AND N W CORNER OF 5TH STREET AND "E" STREET. (R27A) 22 5/15/2000 RES. 2000-116 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS RELATING TO A REIMBURSEMENT OBLIGATION PAYABLE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE LOW- AND MODERATE-INCOME HOUSING FUND AND APPROVING THE REDEVELOPMENT COOPERATION AND REIMBURSEMENT AGREEMENT (PATTON FARMS AND N W CORNER OF 5TH STREET AND "E" STREET). (R27B) Executive Director Van Osdel reviewed the information in the staff report with the Council and provided information relative to the requirements of redevelopment law relative to property that has been purchased witlt low- and moderate-income funds. Barbara Lindseth advised the Council on the location of the property, the original purchase price, and the current proposal for repayment of the 20% funds. Executive Director Van Osdel noted that the Agency was in receipt of a letter from the State Controller asking the Agency to identify means by which they intend to take care of this problem. A copy of the letter, dated April 27, 2000, was submitted into tlte record. Council Member Lien made a motion, seconded by Council Member McCammack, that said resolutions be adopted. Resolution Nos. CDC/2000-13 and 2000-116 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC COMMENTS (28) Dan Bolison, 177 Manchester Lane, San Bernardino, CA, President of the West Colony Homeowners Association, requested that the City make a priority of repairing the streets in his area; particularly, Hunts Lane and Barton Road. Lindsay Hlebasko, 6080 Buchanan Street, San Bernardino, CA, spoke regarding tlte Sturges Family Playhouse and their upcoming production of Pirates of Penzance. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding tlte corruption in County government and the drug war. He distributed a booklet to the Council members regarding institutional policies that have been created. 23 5/1512000 ADJOURNMENT (29) At 3:54 p.m., the meeting adjourned to Wednesday, May 31, 2000, at 2:00 p.m. in tlte Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California, for review and discussion of the draft Charter as proposed by the Charter Review Committee. RACHEL G. CLARK City Clerk BY~~~~ Linda E. Hartzel Deputy City Clerk No. of Items: 28 No. of Hours: 6 24 5/15/2000