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HomeMy WebLinkAbout08-07-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MONDAY, AUGUST 7,2000 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 8:05 a.m., Monday, August 7, 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, Suarez, McCammack; City Attorney Penman, City Clerk Clark, Director of Human Resources Raya. Absent: Council Members McGinnis, Schnetz, Anderson. City Attorney Penman announced that the following additional cases would be discussed in closed session: Rose Mihata vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 30-4667; Mark Bosse VS. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 67986; Beniamin Olvera vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 59683; Soliman vs. Citv of San Bernardino - United States District Court Case No. EDCV 00-301 (V AP) Rcx; Price L. Cook vs. Citv of San Bernardino- Workers Compensation Appeals Board Case No. SBR 277557. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 16 & 17) (1) At 8:06 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1 8/7/2000 Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a). 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. Extension of Contract Gary Van Osdel, Executive Director, Economic Development Agency 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. Agencv Negotiator: Ed Raya, Human Resources Director Emolovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:08 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, Suarez, Anderson, 2 8/7 /2000 McCamrnack; City Attorney Penman, City Clerk Clark, Director of Human Resources Raya. Absent: Council Member Schnetz. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Easland, Deputy City Attorney Bryant, Legal Administrative Analyst Greenleaf, Administrative Operations Supervisor Anderson, City Attorney's Office; Worker's Compensation Supervisor Haynes; and Special Counsel Louis Seaman of Bolson, Kuntz and Serembe. SPECIAL COUNSEL SEAMAN & WORKER'S COMPENSATION SUPERVISOR HAYNES EXCUSED At 8:10 a.m., Special Counsel Seaman and Worker's Compensation Supervisor Haynes left the closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 8:18 a.m., Council Member Schnetz arrived at the closed session. DIRECTOR OF FINANCE PACHON ARRIVED At 8:21 a.m., Director of Finance Pachon arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 8:31 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:03 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, Schuetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, Director of Human Resources Raya. Absent: None. INVOCATION The invocation was given by Pastor Woody Hall, Lutheran Church of Our Savior. 3 8/7/2000 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Suarez. APPOINTMENTS - CIVIL SERVICE COMMISSION & SENIOR AFFAIRS COMMISSION MAYOR VALLES & COUNCIL MEMBER McGINNIS (2) Mayor Valles submitted a staff report dated July 31, 2000, recommending her appointment of Charlie Seymour to the Civil Service Commission; and a staff report dated August 2, 2000, recommending the appointment of Willie M. Brue to the Senior Affairs Commission, as requested by Council Member McGinnis. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the appointments requested by Mayor Valles and Council Member McGinnis, be approved. PRESENTATION - WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT PARTICIPANTS (3) Mayor Valles presented sportsmanship certificates to representatives of each of the following teams participating in the annual Western Regional Little League Tournament held at Al Houghton Stadium: 1, Ketchikan Little League - Ketchikan, Alaska 2. Canyon Del Oro Little League - Tucson, Arizona 3. Oceanview Little League - Huntington Beach, California 4. Alameda Little League - Alameda, California 5, North Boulder Little League - Boulder, Colorado 6. Ewa Little League - Hawaii 7. Coeur d'Alene Little League, District 1 - Coeur d'Alene, Idaho 8. Boulder Arrowhead Little League - Billings, Montana 9. Eastdale Little League - Albuquerque, New Mexico 10. Reno Continental Little League - Reno, Nevada 11. Medford American Little League, District 6, - Medford, Oregon 12. Taylorsville Little League - Taylorsville, Utah 13. Hazel Dell Little League - Vancouver, Washington 14. Laramie Little League - Laramie, Wyoming Mike Legge, Regional Director of Western Regional Little League, presented the City with a plaque acknowledging its continued support of Little League and the use of the Stadium, Mayor Valles accepted the award on behalf of the City. 4 8/7/2000 ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quie1, President of the San Bernardino Area Chamber of Commerce, announced several upcoming events in the City of San Bernardino including the Western Regional Little League Tournament and the San Bernardino Area Chamber of Commerce Golf Tournament, which benefits the ROTC Scholarship Fund. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked Mr. Legge for devoting his time and energy toward the enllancement and progress of the City; announced a Cleanup Day at San Bernardino High School on August 12; and announced that the City of San Bernardino Municipal Water Department and the United States Environmental Protection Agency would begin construction of an EPA well project in November. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack congratulated the Friends of Perris Hill Park, Johu Kramer, Parks and Recreation Department, and the volunteers who helped with the 3'd Annual State Chili Cookoff. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada commented that the Hernandez Community Center Day Camp, located at 222 North Lugo, was a great place for children ages 6-13. The cost is $40 per week, the hours are from 7:00 or 7:30 a.m. to 6:00 p.m., and the phone number is 384-5420; congratulated Glenn Baude, Code Compliance Director, for the exceptional amount of graffiti removal accomplished with the help of Los Padrinos; and congratulated organizers of the Foot Stompers program held at the Sturges Center for kids ages 6-14. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that the DMV Neighborhood Association collected over 20 tons of trash; reported that the Mayor would be speaking at Bradley School; and announced the Citywide dump day, ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis also extended congratulations to Glenn Baude on his graffiti removal accomplishment; announced that he would be throwing the first pitch at the Little League opener and encouraged the public to attend; and stated that the Route 5 8/7/2000 66 Rendezvous was coming up in September and encouraged residents to call the Visitors and Convention Bureau to volunteer their services. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schuetz reported that the cleanup day with Del Vallejo brought in 26 tons of trash. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez stated that he attended the Republican National Convention and found it to be exciting; and encouraged residents to attend and support the Little League games. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles commended the volunteers of the 3'd Annual Chili Cookoff organized by the City's Parks, Recreation and Community Services Department and reported that the Rustic Inn took First Place for their "Baja Chili"; commended the members of the youth symphony from Baja California on their excellent performance of Mozart's Bastian and Bastiana at the California Theater and thanked all those who worked hard to make the event a reality; reminded the audience of a public meeting of the Joint Powers Authority at 5 p,m. on Tuesday, August 8, concerning the Vision 2020 water project; reported that the City's permits on-line program called VelocityHall is exceeding expectations and San Bernardino is being used as a national test city for this program; mentioned that there has been a 25 percent decrease in graffiti as indicated by the Graffiti Task Force; encouraged viewers to tune in to Channel 3 for the Mayor's Community Update Show; gave advance notice of the Third Annual "Just Do It" Citywide Cleanup Day scheduled to take place on Saturday, September 9; and requested volunteers for the 11th Annual Route 66 Rendezvous. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman thanked the National Orange Show Board on their recent decision to limit concerts and other events to a closing time of 2 a. m" which will effectively eliminate the rave concerts previously occurring there. Mr. Penman also extended thanks to the Mayor and the Chief of Police for working so diligently to convince the National Orange Show Board of the dangers posed by the rave concerts. Mr. Penman stated that it was a very responsible action on the part of the National Orange Show, but it was also a great sacrifice. 6 81712000 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common CouncillCommunity Development Commission, be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the minutes of the following meetings of the Mayor and Common CouncillCommunity Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: May 15, 2000; May 31, 2000; June 5, 2000; June 8, 2000; June 20, 2000. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 2, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated August 2, 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. ORD. MC-I078 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.131 (B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES. Final (9) Council Member Anderson made a motion, seconded by Council Member McCamrnack, that said ordinance be adopted. Ordinance No. MC-1078 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. 7 8/7/2000 RES. 2000-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC., AND SCOTT TRACTOR SERVICE RELATING TO DlSCING OF VACANT PROPERTIES FOR WEED ABATEMENT SERVICES, (10) Council Member Anderson made a motion. seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-234 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING RIGHT OF WAY BOUNDARIES FOR STREET AND HIGHWAY PURPOSES FOR ORANGE SHOW ROAD ACROSS CITY OWNED PROPERTY BETWEEN EAST TWIN CREEK FLOOD CONTROL CHANNEL AND WATERMAN AVENUE. (11) Council Member Anderson made a motion, seconded by Council Member McCamrnack, that said resolution be adopted; and that the Interim Director of Development Services be authorized to proceed with the sale of City-owned property north and south of Orange Show Road, between Waterman Avenue and Amos Avenue, and is authorized to pay appraisal fees not to exceed $5,000 relative to said proposed sale. The motion carried, and Resolution No. 2000-235 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE - CONTRACT CHANGE ORDER NO. ONE - J, CARDENAS CONSTRUCTION - CONSTRUCTION OF SIDEWALK ACCESS RAMPS - VARIOUS LOCATIONS (12) William Woolard, Interim Director of Development Services, submitted a staff report dated July 18, 2000, requesting authorization to execute Contract Change Order No, One with J. Cardenas Construction for construction of sidewalk access ramps at various locations. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that Contract Change Order No, One to the contract with J. Cardenas Construction be approved for construction of sidewalk access 8 8/7/2000 ramps at various locations for a total Change Order amount of $12,826.25, increasing the contract total from $37,710.05 to $50,536.30, WAIVE FEES - INLAND V ALLEY DEVELOPMENT AGENCY/SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (IVDA/SBIAA) - AMENDMENTS TO THE GENERAL PLAN & DEVELOPMENT CODE RELATED TO AIRPORT DISTRICTS (13) William Woolard, Interim Director of Development Services, submitted a staff report dated July 11, 2000, requesting fees be waived for IVDA/SBIAA for amendments to the General Plan and Development Code related to Airport Districts. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council make a finding that the General Plan Amendment and Development Code Amendment related to Airport Districts are mutually beneficial to the City and the Inland Valley Development Agency/San Bernardino International Airport Authority; and that the application processing fees are not required. WAIVE FEES - FAMILY FUN FESTIVAL 2000 - SEPTEMBER 30, 2000 (14) William Woolard, Interim Director of Development Services, submitted a staff report dated July 31, 2000, requesting fees be waived for the Inland Regional Family Fun Festival 2000. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council waive the Temporary Use Permit and other related permit fees in the amount of $918.51 for the Inland Regional Center Family Fun Festival 2000. RES. 2000-236 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO TENNANT COMPANY FOR A TENNANT ATLV 4300 LITTER VAC, FOR USE IN THE DOWNTOWN AREA. (15) RES. 2000-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR RENEWAL OPTIONS, TO XEROX FOR PRINT SHOP XEROX EQUIPMENT MAINTENANCE AND COLOR COPIER SUPPLIES. (16) 9 8/7/2000 RES. 2000-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A SERIOUS HABITUAL OFFENDER (SHO) GRANT FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING. (17) RES. 2000-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO TRUCK HYDRAULIC EQUIPMENT CO. INC. FOR ONE (1) LIFTALL TELESCOPIC AERIAL PLATFORM LIFT TRUCK TO BE UTILIZED BY THE DEVELOPMENT SERVICES DEPARTMENT. (18) RES. 2000-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXERCISE OF THE FIRST OPTION YEAR OF THE CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC., FOR TREE TRIMMING SERVICES TO EXTEND THE CONTRACT FROM OCTOBER 1, 2000 THROUGH SEPTEMBER 30,2001; AND APPROVAL OF THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO SAID WEST COAST ARBORISTS, INC. (19) RES. 2000-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO LACAL EQUIPMENT, INC, FOR STREET SWEEPER PARTS. (20) RES. 2000-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO KAMAN INDUSTRIAL TECHNOLOGIES FOR GATES HOSES, HYDRAULIC FITTINGS AND BEARINGS FOR THE CITY'S HEAVY EQUIPMENT FLEET. (21) RES. 2000-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO CONSOLIDATED FABRICATORS TO FURNISH COMMERCIAL ROLL-OFF REFUSE BINS UTILIZED BY THE PUBLIC SERVICES REFUSE DIVISION. (23) 10 8/7/2000 RES. 2000-244 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND BRYAN A. STIRRAT AND ASSOCIATES RELATING TO CLOSURE AND MAINTENANCE ENGINEERING SERVICES AT THE FORMER WATERMAN LANDFILL; AND, AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER TO SAID VENDOR FOR SOIL TESTING OF LANDFILL COVER MATERIALS. (24) Council Member Anderson made a motion. seconded by Council Member McCammack, that said resolutions be adopted. Resolution Nos. 2000-236, 2000-237, 2000-238, 2000-239, 2000-240, 2000-241, 2000-242, 2000-243, and 2000-244 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO MATICH CORPORATION AND VULCAN MATERIALS/CAL MAT DIVISION TO SUPPLY MATERIALS FOR ROADWAY PAVEMENT REPAIRS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION. (22) Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-245 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, McCammack. Nays: None. Abstains: Council Members Schnetz, Suarez. Absent: None. RES. 2000-246 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "SALUTE TO THE ROUTE" FOR CIVIC AND PROMOTION FUNDING FROM THE FY 00/01 BUDGET TO ASSIST IN THE CONDUCT OF THE "SALUTE TO THE ROUTE" EVENT. (25) Esther Jiminez, 354 Canyon View, Calimesa, CA, introduced Danny Flores, Founder and Chairman of the "Salute to the Route." Danny Flores stated that the 8th annual one-day car event, which is held on the west side, continues to grow each year. 11 8/7/2000 Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-246 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH COX PCS ASSETS, L.L.C., ALSO KNOWN AS SPRINT PCS, RELATING TO CERTAIN CITY-OWNED REAL PROPERTY SITUATED AT THE NORTHWEST CORNER OF SECOND STREET AND MERIDIAN AVENUE (A PORTION OF NICHOLSON PARK). (Continued from July 24, 2000) (27) In an interoffice memo dated August 1, 2000, City Engineer Casey requested that the matter be continued to the Council meeting of September 5, 2000. Correspondence was received from Randy Kilgore of SBA, Inc. for Sprint PCS, dated August 3, 2000, requesting that the matter be heard at the Council meeting of August 21,2000. William Woolard, Interim Director of Development Services, requested that the matter be continued to August 21,2000. Council Member McGinnis made a motion. seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 21,2000. (Note: Later in the meeting, prior to recessing for lunch, Bill Grimes from Sprint PCS, 3151 Airway Avenue, Costa Mesa, CA, clarified their intent was not to extend or build a second pole, but was to place a second set of antennas on an existing facility located at Nicholson Park.) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10,24.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES ON DAVIDSON STREET BETWEEN TIPPECANOE A VENUE AND RICHARDSON STREET, HARDT STREET BETWEEN TIPPECANOE AVENUE AND RICHARDSON STREET, GOULD STREET BETWEEN TIPPECANOE AVENUE AND RICHARDSON STREET, AND COULSTON STREET, BETWEEN TIPPECANOE A VENUE AND RICHARDSON STREET, First (28) 12 8/7/2000 Council Member Anderson felt that there should be a City-wide ordinance that would prevent trucks from parking in anv residential area. Council Member McGinnis commented that truck drivers must adhere to their designated routes to and from commercial areas and not take short cuts. Council Member Anderson stated that this was an ongoing problem and requested an ordinance be drafted that would prevent all semi-trailer trucks from driving through or parking in the entire Sixth Ward, Council Member Suarez stated that enforcement would continue to be a problem. Mayor Valles stated that the City should prepare an analysis of truck parking areas and routes, and asked if the issue could be addressed as a transportation plan during the planning process. William Woolard, Interim Director of Development Services, replied that he was not familiar with the City's regulations regarding parking commercial vehicles in residential areas, but stated that he would look into it. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that said ordinance be laid over for final adoption, PUBLIC HEARING - PROPOSED FORMATION - ASSESSMENT DISTRICT NO. 1018 - NORTHPARK BOULEVARD & MOUNTAIN DRIVE - TRACT NO. 14448 (26) William Woolard, Interim Director of Development Services, submitted a staff report dated July 18, 2000, regarding the formation of Assessment District No. 1018 (Northpark & Mountain) - Tract No. 14448. Mayor Valles opened the hearing. Correspondence was received from Robert Osborne, President of Osborne Development Corp., dated August 4,2000, requesting that the matter be continued two weeks to August 21,2000. Mr. Pedrigon, 873 W. NorthPark Blvd., San Bernardino, CA, stated that he would return to voice his concerns on August 21. 13 8/7/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQlIISITION OF CERTAIN IMPROVEMENTS IN THE AREA OF NORTHPARK BOULEVARD AND MOUNTAIN DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID IMPROVEMENTS KNOWN AS ASSESSMENT DISTRICT NO. 1018, ORDERING THE ACQUISITION OF SAID IMPROVEMENTS, CONFIRMING THE 2000-2001 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the matter be continued to August 21, 2000, RES. 2000-231 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 2000 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (Adopted 8/4/00) (29A) RES. 2000-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A NEW CHARTER. (Adopted 8/4/00) (29B) RES. 2000-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CHARTER, (Adopted 8/4/00) (29C) RES. 2000-247 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DIRECTING THE CITY CLERK TO TRANSMIT THE CHARTER BALLOT MEASURE FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. (29D) 14 81712000 City Attorney Penman stated that since the proposed Charter Measure would alter the organization of the office of the City Attorney, the firm of Gresham, Savage, Nolan and Tilden would prepare the analysis for the entire Charter. Council Member Lien felt that the impartial analysis should be reviewed by the Council before being placed on the ballot. City Attorney Penman stated that the analysis would be done impartially and transmitted directly to the elections official. City Clerk Clark read Section 9280 of the Elections Code regarding the impartial analysis and stated that the deadline for suhmittal to the Registrar of Voters was August 18, There would be a lO-day public examination period for anyone wishing to review the impartial analysis or the arguments for or against the Charter, and a deadline of September 5 for anyone wishing to file a writ of mandate. Discussion ensued regarding whether the impartial analysis should be prepared by the City Clerk or by the law firm of Gresham, Savage, Nolan and Tilden. Council Member Estrada made a motion, seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-247 was adopted by the following vote: Ayes: Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack, Council Member Lien. Absent: None. Council Nays: DESIGNATE - VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 7-9,2000 (NB1) City Clerk Clark submitted a staff report dated August 3, 2000, regarding designation of a voting delegate for the League of California Cities Annual Conference to be held September 7-9, 2000. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that Council Member Anderson be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held September 7-9, 2000, in Anaheim, California; and that Council Member McCammack be designated as the alternate voting representative. 15 81712000 RECESS MEETING At 10:30 a.m., Mayor Valles recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:08 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, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle. Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: Council Member Lien. 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 2:08 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. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 2) (1) At 2:09 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No.1, pages I & 2, including those cases announced by City Attorney Penman. CLOSED SESSION At 2: 10 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 Mayor Valles; Council Members Estrada, McGinnis, the following being present: Schnetz, Suarez, Anderson, 16 8/7/2000 McCammack; City Attorney Penman, City Clerk Clark, Director of Human Resources Raya. Absent: Council Member Lien. Also present: Legal Administrative Analyst Greenleaf, Administrative Operations Supervisor Anderson, City Attorney's Office. DEPUTY CITY ATTORNEY EASLAND ARRIVED At 2:13 p.m., Deputy City Attorney Easland arrived at the closed session. ADJOURN CLOSED SESSION At 2:32 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:33 p.m., Chairwoman Valles reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: Council Member Lien. PUBLIC HEARING - HI-WAY AUTO RECYCLERS (R30) Executive Director Van Osdel submitted a staff report dated July 26, 2000, regarding Hi-Way Auto Recyclers. Mayor Valles opened the hearing. Council Member Anderson spoke favorably of the project, but stated she wanted assurance that all work would be contained within the building. RES. 2000-248 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO RECYCLERS, LLC (R30A) 17 8/7/2000 RES. CDC/2000-26 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO RECYCLERS, LLC, ON THE TERMS SET FORTH IN SUCH AGREEMENT. (R30B) Council Member Anderson made a motion. seconded by Council Member Suarez, that the hearing be closed; and that said resolutions be adopted. The motion carried, and Resolution Nos. 2000-248 and CDC/2000-26 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. COUNCIL MEMBER SCHNETZ EXCUSED At 2:39 p.m., Council Member Schnetz stated that he would be abstaining on Agenda Item No. R31, due to the fact that he anticipated working on 303 W. Third Street in a leasing capacity, and left the Council meeting. PUBLIC HEARING - 303 WEST THIRD STREET - LOAN AGREEMENT (R31) Executive Director Van Osdel submitted a staff report dated August 2, 2000, regarding 303 West Third Street - Owner participation Agreement, Loan Agreement, HUD 108 Financing. Mayor Valles opened the hearing. Mr. Dave Gondek, Sabo and Green, explained that the Economic Development Initiative (EDI) component of $344,000 was intended to be a special grant component attached to the project in order to make it economically viable. Part of the discussions in the use and application of the EDI grant was to provide for interest waiver on the $344,000 EDI component and will be repaid to the Economic Development Agency and the City at the time of recordation of the borrower's construction loan. It is expected that the City and the Agency will recover the EDI Grant within 18 months after the close of escrow. Once the EDI Grant proceeds are repaid by the borrower, those monies become program income and can be used by the City for other qualified CDBG programs and projects. Part of the EDI Grant requires the City and the Agency to come up with a qualifying special Economic Development project and the 303 West Third Street acquisition, renovation, and reuse satisfies federal requirements, and without the project, the community would not have the benefit of the EDI Grant. 18 8/7/2000 RES. 2000-249 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.c. SECTION 5308 (CDBG SECTION 108 CONTRACT NO. B-94- MC-06-0539) FOR THE 303 THIRD STREET PROJECT AND AUTHORIZING THE APPLICATION OF UP TO $344,000 IN ECONOMIC DEVELOPMENT INITIATIVE GRANT PROCEEDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE 303 THIRD STREET PROJECT. (R31A) RES. CDC/2000-27 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1974, AS AMENDED, 42 USC SECTION 5308 (CDBG SECTION 108 CONTRACT NO. B-94-MC-06-0539) FOR THE 303 THIRD STREET PROJECT AND AGREEING TO ADMINISTER THE APPLICATION OF UP TO $344,000.00 IN ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS TO 303, LLC., IN SUPPORT OF THE 303 THIRD STREET PROJECT. (R31B) CDC/2000-28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE TERMS OF AN OWNER PARTICIPATION AGREEMENT (303 THIRD STREET PROJECT) BY AND BETWEEN 303, LLC., AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND APPROVING THE TERMS OF A 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SECTION 108 PROJECT DEVELOPMENT LOAN AGREEMENT (303 THIRD STREET PROJECT) BY AND BETWEEN THE AGENCY AND 303, LLC., AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING TO THE DISBURSEMENT OF THE PROCEEDS OF UP TO $344,000.00 IN EDI GRANT/LOAN PROCEEDS AND UP TO $1,840,000.00 IN SECTION 108 LOAN PROCEEDS BY THE AGENCY TO 303, LLC. (303 THIRD STREET PROJECT). (R31C) COUNCIL MEMBER SUAREZ EXCUSED At 2:44 p.m., Council Member Suarez declared a conflict of interest and left the Council meeting. 19 8/7/2000 Council Member Anderson made a motion, seconded by Council Member Estrada, that the public hearing be closed; and that said resolutions be adopted. The motion carried, and Resolution Nos. 2000-249, CDC/2000-27, and CDC/2000-28 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson, McCammack. Nays: None. Abstentions: Council Members Schnetz, Suarez. Absent: Council Member Lien. COUNCIL MEMBERS SCHNETZ & SUAREZ RETURNED At 2:46 p.m., Council Members Schnetz and Suarez returned to the Council meeting and took their places at the Council table. COUNCIL MEMBER SCHNETZ EXCUSED At 2:49 p.m., Council Member Schnetz stated that he would be abstaining on Agenda Item No. R35, due to a conflict of interest, and left the Council meeting. COUNCIL MEMBER SUAREZ EXCUSED At 2:50 p.m., Council Member Suarez stated that he would be abstaining on Agenda Item No. R35, and left the Council meeting. CDC/20oo-29 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES. (R3S) Executive Director Van Osdel submitted a staff report dated August 1, 2000, regarding an Amendment to Exchange Agreement with the Department of General Services of the State of California. Special Counsel Sabo stated that the Exchange Agreement was entered into with the Department of General Services and the Commission approximately one year ago, and an amendment is being made at this time to authorize a reduction in the purchase price of the 303 W. Third Street property. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/2000-29 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson, McCammack. Nays: None. Abstentions: Council Members Schnetz, Suarez. Absent: Council Member Lien. 20 8/7/2000 COUNCIL MEMBERS SCHNETZ & SUAREZ RETURNED At 2:51 p.m., Council Members Schnetz and Suarez returned to the Council meeting and took their places at the Council table. MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA PLAN AMENDMENT - EXTENSION OF EMINENT DOMAIN (R32) Executive Director Van Osdel submitted a staff report dated July 27, 2000, regarding authorization to prepare a plan amendment to extend eminent domain in the Mt. Vernon Corridor Redevelopment Project Area. Council Member McCammack made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize the Executive Director to prepare a plan amendment to extend eminent domain in the Mt. Vernon Corridor Redevelopment Project Area. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE OLDTIMERS FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, AGREEMENT FOR THE ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM. (R33) Due to the fact that neither the resolution nor the agreement were available for distribution, Executive Director Van Osdel requested continuance to August 21,2000. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to August 21,2000. DESIGNATE LEAD AGENCY - CEQA IMPLEMENTATION - PEARLMAN/HOPKINS PROJECT (R34) Executive Director Van Osdel submitted a staff report dated July 28, 2000, regarding the designation of Lead Agency for CEQA Implementation for the Pearlman/Hopkins Project. He indicated that it was pointed out by the City Attorney that on June 5, 2000, the Community Development Commission authorized the Executive Director to file a request that the Inland Valley Development Agency designate the City of San Bernardino and the Redevelopment Agency as lead agencies for processing, authorizing and filing the necessary documents, but that said designation did not include authorization for either the Mayor or Executive Director to execute the agreement. 21 8/7/2000 Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the City Council authorize and ratify the Mayor's execution of the Designation of Lead Agency Agreement by and among the Inland Valley Development Agency, the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino; and that the Community Development Commission authorize and ratify the Executive Director's execution of the Designation of Lead Agency Agreement by and among the Inland Valley Development Agency, the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino. PUBLIC COMMENTS (36) Jesus Segovia, 25313 E. 4th Street, San Bernardino, CA, submitted a letter requesting his zip code be changed from 92410 to Highland zip code 92346, because of the confusion caused by being a resident of Highland with a San Bernardino mailing address. GiI Navarro, Chairman of the City of San Bernardino Chapter of the Mexican American Political Association (MAPA), P.O. Box 1396, San Bernardino, CA, expressed support of Mr. Segovia's request and asked the City to look into the friction that exists between the San Bernardino Police Department and Highland Sheriff's Department. ADJOURNMENT (37) At 3:02 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8 a.m., Monday, August 21, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BY?,;!') ,I,. ) J.di-vJiL YL.J Linda Sutherland Deputy City Clerk No. of Items: 38 No. of Hours: 3.5 22 8/7/2000