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HomeMy WebLinkAbout08-21-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING MONDAY, AUGUST 21,2000 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 Pro Tern McGinnis at 8:14 a.m., Monday, August 21,2000, 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 Pro Tern McGinnis; Council Members Estrada, McGinnis, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz, McCammack. Senior Assistant City Attorney Carlyle announced that the following additional cases would be discussed in closed session: Ezzat Soliman vs. Citv of San Bernardino - United States District Court, Central District, Case No. EDCV 00301 V AP (RCx); Richard & Eloise Bravo Jimenez vs. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 97-0086 RT (Rc); Rose Mihata vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 30467. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 26) (1) At 8:14 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Stewart D. Cumming vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 66744; 1 8/21/2000 Jaime Alvarez. et al. vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 00-03048 GHK. 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 with 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 8:15 a.m., Mayor Pro Tern McGinnis 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 Pro Tern McGinnis; Council Members Estrada, Schnetz, McGinnis, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, McCammack. Also present: Senior Assistant City Attorney Simmons 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 while the Mayor and Common Council and Community Development Commission were in closed session. 2 8/21/2000 ADJOURN CLOSED SESSION At 8:43 a.m., the closed session adjourned to 9:00 a.m., III the Council Chambers of City Hall. RECONVENE MEETING At 9:05 a.m., Mayor Pro Tern McGinnis 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 Pro Tern McGinnis; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, McCammack. INVOCATION The invocation was given by Sister Marita Beumer of St. Bernardine's Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Jasmine Carreon, a fifth-grade student at Ramona Alessandro Elementary School. APPOINTMENT - NORINE MILLER - BOARD OF WATER COMMISSIONERS - MAYOR V ALLES (2) Mayor Valles submitted a staff report dated August 10, 2000, recommending the appointment of Norine Miller as a member of the Board of Water Commissioners. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Norine Miller to the Board of Water Commissioners, as requested by Mayor Valles, be approved. PRESENTATION - SINFONIA MEXICANA SOCIETY - 15TH ANNIVERSARY (3) A resolution of commendation was presented to Jesse Valenzuela, Vice President of the Sinfonia Mexicana Society, in recognition of the Society's 15th anniversary . 3 8/21/2000 PRESENTATION - DEVON ZILLMER - PARTICIPANT IN SINFONICA JUVENIL OF TIJUANA (3) Mayor Pro Tern McGinnis presented a certificate of recogmtlOn to Devon Zillmer in recognition of his participation in the Sinfonica Juvenil of Tijuana (Youth Symphony of Tijuana). Devon, who graduated this past June from Richardson Middle School, was the only American student to participate in the Symphony. PRESENTATION - CERTIFICATES OF APPRECIATION - YOUTH VOLUNTEERS - CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (3) Certificates of appreciation were presented by Mayor Pro Tern McGinnis to several youth volunteers from the Church of Jesus Christ of Latter Day Saints in recognition of the many many hours they have volunteered to perform property cleanup work throughout the city. ANNOUNCEMENTS-GEORGESCHNARRE (4) George Schnarre, President-elect of the San Bernardino Area Chamber of Commerce, announced several events taking place throughout the city including the dedication by the City and the San Manuel Indians of new fire engines on August 31 at 11:00 a.m., at the City Hall Plaza. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor. read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Jesse Lizarraga Sylvia Guajardo Ramon Carillo Jerry Morana Kim Burgett Deoartment Code Compliance Council Office Development Services Development Services Parks, Recreation & Community Services Police Police Public Services Jeffrey Breiten Donald Soderbloom Judith Johnson Years of Service 15 20 15 40 20 20 20 5 Each employee received a service pin presented by Mayor Pro Tern McGinnis. 4 8/21/2000 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez commented on the very successful Western Regional Little League event which was recently held in San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson congratulated the 22 young people from the Church of Latter Day Saints who received certificates of appreciation for their participation in the program for eradication of blight throughout the city. She noted that volunteer work is one of the most important things a person can do. Mrs. Anderson asked Nick Gonzalez of the Mayor's Office to say a few words about the Mayor's third annual "Just Do It" city-wide cleanup day, which will be held on September 9,2000. Mr. Gonzalez spoke briefly about the cleanup campaign, stating that additional information could be obtained by calling the Mayor's Office at 384-5133, or Judi Penman at the Chamber of Commerce at 885-7515. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that the Mt. Vernon Project Area Committee continues to meet, and they will be inviting the consultants who are working on the Santa Fe Depot project and the Mt. Vernon bridge project to come and answer questions and provide progress reports. She also reminded everyone that the Parks, Recreation and Community Services Department sponsors a day camp at Hernandez Community Center for youngsters 6-13 years of age, Monday through Friday, for $40 per week. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated he was gratified to see that demolition had begun at the 40th Street Project Area; and announced that escrow had closed on the Walgreen's store at 40th and Sierra Way. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis commended the heroism shown by Mr. Cheriar, the gentleman who rescued a young boy from a burning vehicle in Moreno Valley and subsequently succumbed to the injuries he suffered during the rescue; and extended condolences to his family. He also commended Joe Thomas, owner of the Brandin Iron, who was recently presented with an award for maintaining a completely smoke- free environment inside his establishment. 5 8/21/2000 ANNOUNCEMENTS - MAYOR PRO TEM McGINNIS (4) On behalf of Mayor Valles, Mayor Pro Tern McGinnis congratulated Mexican Consul Juan Jose Salgado on the opening of the Consulate's new offices directly across the street from City Hall at the southeast corner of Third and "D" Streets; and complimented the staff and hundreds of volunteers at the Western Regional Little League Headquarters for another tremendously successful tournament. He announced a new program called the InFoPeople Project, wherein two computers were donated to both the Dorothy Inghram Branch Library (887-4494) and the Paul Villasenor Branch Library (383-5156), which will be used to provide free Internet access for the public and staff members, including training classes. Appointments can be scheduled by calling the numbers listed above for each library. He also noted that the Route 66 Rendezvous is just around the corner and the Visitors and Convention Bureau is recruiting volunteers to help with this year's event. To volunteer, please call Jo Ann Webb at 889-3980. COUNCIL MEMBER LIEN ARRIVED At 9:44 a.m., Council Member Lien arrived at the Council meeting and took her place at the Council table. ANNOUNCEMENTS - SENIOR ASSISTANT CITY ATTORNEY CARLYLE (4) Senior Assistant City Attorney Carlyle announced that City Attorney Penman would not be present as he had been called to jury duty service. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that the next edition of "News of the City" would come out in the San Bernardino County Sun newspaper on September 3. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that there would be a meeting on Tuesday, August 29, at 6:30 p.m., at St. John's for residents in the first four blocks of the Neighborhood Initiative Program. This would include residents between 16th and 18th Streets and Sierra Way and Mountain View. She also noted that last Saturday, almost eight tons of trash were collected at San Bernardino High School during a Second Ward cleanup day. 6 8/21/2000 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (S) Council Member Anderson made a motion, seconded by Council Member Schnetz, 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. COUNCIL MINUTES (6) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commisison of the City of San Bernardino, be approved as submitted in typewritten form: June 19, 2000. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 16, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated August 15, 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-I079 - 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 AVENUE AND RICHARDSON STREET, HARDT STREET BETWEEN TIPPECANOE AVENUE AND RICHARDSON STREET, GOULD STREET BETWEEN TIPPECANOE AVENUE AND RICHARDSON STREET, AND COULSTON STREET, BETWEEN TIPPECANOE AVENUE AND RICHARDSON STREET. (9) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said ordinance be adopted. 7 8/21/2000 Ordinance No. MC-I079 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member McCammack. Ayes: Council Nays: None. RES. 2000-2S0 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS THROUGH mGHW A YS . . . ;" AND AUTHORIZING THE INSTALLATION OF A TWO-WAY STOP AT THE INTERSECTION OF THIRTY-FIFTH STREET AND GENEVIEVE STREET. (10) RES. 2000-2S1 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN-MCCAIN, INC. FOR INSTALLATION OF STORM DRAIN IMPROVEMENTS, PROJECT NO. 7-D13 (CSDP), AT MT. VERNON AVENUE FROM BASE LINE STREET TO 16TH STREET PER PLAN NO. 10097. (12) RES. 2000-2S2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS THROUGH mGHW A YS . . . ;" AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF LAKEWOOD DRIVE AND SHERIDAN ROAD. (13) RES. 2000-2S3 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS & FERRANTE FOR FLOOD DAMAGE REPAIR AT ALABAMA STREET - TIPPECANOE AVENUE AT THE SANTA ANA RIVER, AND PEPPER AVENUE AT THE EAST SIDE NORTH OF RIALTO AVENUE PER PLAN NO. 10035. (14) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2000-250 through 2000-253 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member McCammack. PROHIBIT CERTAIN VEHICULAR MOVEMENTS INTERSECTION OF TIPPECANOE AVENUE & ROSEWOOD DRIVE - ADDITIONAL SIX (6) MONTHS (16) 8 8/21/2000 William Woolard, Interim Director of Development Services, submitted a staff report dated August 1, 2000, regarding the continued prohibition of certain vehicular movements at the intersection of Tippecanoe Avenue and Rosewood Drive. Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council authorize the Interim Director of Development Services to continue to prohibit certain vehicular movements at the intersection of Tippecanoe Avenue at Rosewood Drive for an additional six (6) months. APPROVE PLAN & AUTHORIZE ADVERTISEMENT FOR BIDS - STREET IMPROVEMENTS - ART TOWNSEND & OTTO GERICKE DRIVES - SAN BERNARDINO INTERNATIONAL AIRPORT (17) William Woolard, Interim Director of Development Services, submitted a staff report dated August 9,2000, requesting approval of plans and authorization to advertise for bids for streets improvements on Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council approve Plan No. 9479 and authorize the City Engineer to advertise for bids for street improvements on Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. DETERMINE PUBLIC CONVENIENCE & NECESSITY - TYPE 20 LIQUOR LICENSE - "E" STREET MARKET - 1156 NORTH "E" STREET (19) William Woolard, Interim Director of Development Services, submitted a staff report dated August 9, 2000, regarding a Type 20 Liquor License for the "E" Street Market located at 1156 North "E" Street. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 license (off-site beer and wine) for the "E" Street Market located at 1156 North "E" Street, subject to the Conditions of Approval. 9 8/21/2000 AUTHORIZE STAFF TO PROCEED - PROPOSED VACATION - PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD - MARSHALL BOULEVARD BETWEEN PIEDMONT DRIVE & VICTORIA AVENUE - APPROVE PLAN NO. 10122 (20) William Woolard, Interim Director of Development Services, submitted a staff report dated August 8, 2000, regarding the proposed vacation of portions of Piedmont Drive north of Marshall Boulevard, and Marshall Boulevard between Piedmont Drive and Victoria Avenue, per Plan No. 10122. Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the Interim Director of Development Services and the City Clerk be authorized to proceed with the vacation of portions of Piedmont Drive, north of Marshall Boulevard and, Marshall Boulevard between Piedmont Drive and Victoria Avenue; and that Plan No. 10122 showing the proposed vacation of portions of Piedmont Drive, north of Marshall Boulevard, and Marshall Boulevard between Piedmont Drive and Victoria Avenue, be approved. RES. 2000-2S4 - RESOLUTION AUTHORIZING INCREASES IN THE ANNUAL PURCHASE ORDER AMOlINTS TO VAN HERRICK LANDSCAPING AND RP LANDSCAPING FOR THE PROVISION OF NON-ROUTINE LANDSCAPE MAINTENANCE SERVICES AND THE PURCHASE OF RELATED MATERIALS. (22) RES. 2000-2SS - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL AGREEMENTS WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE EQUIPMENT AND USER ACCESS INTO THE NATIONAL LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (NLETS), THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (CLETS), AND THE SHERIFF'S CENTRAL NAME INDEX (CNI). (24) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2000-254 and 2000-255 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member McCammack. 10 8/21/2000 REJECT ALL BIDS - BID NO. F-01-33 - HEAVY-DUTY TRUCK PARTS - DIRECT PURCHASING MANAGER TO RE-ADVERTISE (2S) Lynn Merrill, Director of Public Services, submitted a staff report dated August 2, 2000, recommending that all bids associated with Bid No. F-0l-33 for heavy-duty truck parts be rejected and that the Purchasing Manager be directed to re-advertise for these services. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council reject all bids submitted in response to Bid No. F-01-33 for heavy-duty truck parts; and that the Purchasing Manager be directed to re-advertise for these services. RES. 2000-2S6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ZONE BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. ON THE SOUTH SIDE OF KENDALL DRIVE BETWEEN PALM AVENUE AND 650 FEET EAST OF PALM AVENUE. (l1A) RES. 2000-2S7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF . . ." TO ESTABLISH A TWO- HOUR PARKING LIMITATION ON THE SOUTH SIDE OF KENDALL DRIVE BETWEEN PALM AVENUE AND 650 FEET EAST OF PALM AVENUE. (118) Council Member Suarez made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. 2000-256 and 2000-257 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member McCammack. 11 8/21/2000 RES. 2OO0-2S8 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15826, LOCATED AT THE SOUTHWEST CORNER OF WIER ROAD AND WATERMAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (IS) Council Member McGinnis stated that he would abstain from voting on this matter, since his residence is in close proximity to the proposed subdivision. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-258 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez. Anderson. Nays: None. Abstain: Council Member McGinnis. Absent: Council Member McCammack. RES. 2000-2S9 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESERVING CERTAIN CITY OWNED REAL PROPERTY, LOCATED ON THE NORTH SIDE OF RIALTO AVENUE BETWEEN "D" STREET AND ARROWHEAD AVENUE, FOR WATER DEPARTMENT USE. (18) Discussion ensued as to whether the property could be sold to the Water Department, either now or at a later date. It was noted that this could be explored if that was the desire of the Council. William Woolard, Interim Director of Development Services, stated that reserving the property earmarks it for Water Department use. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-259 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member McCammack. Ayes: Council Nays: None. 12 8/21/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (21) (Note: The resolution was not distributed with the backup material and, therefore, will not be available for review.) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 5, 2000. RES. 2000-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE THE AGREEMENT WITH PRE-SCHOOL SERVICES DEPARTMENT AND AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ADMINISTER FEDERAL GRANTS TO CONTINUE THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER. (23) Council Member Anderson stated that this program began in 1978 and she wanted to thank the Delmann Heights community for their long and lasting commitment to service. Council Member Anderson made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-260 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member McCammack. Ayes: Council Nays: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:58 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by Deputy City Attorney Empeno. PUBLIC HEARING - PROPOSED FORMATION - ASSESSMENT DISTRICT NO. 1018 - NORTHPARK & MOUNTAIN - TRACT NO. 14448 (Continued from August 7,2000) (26) 13 8/21/2000 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 ACQUISITION 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. (26) City Clerk Clark advised that two petitions had been received from residents in the proposed assessment district area--one signed by 10 individuals, the other signed by 18 individuals--opposing the proposed assessment district. Deputy City Attorney Empeno submitted into the record a letter dated August 17,2000, from Osborne Development Corp. requesting a continuance of this matter to September 5, 2000. Council Member Schnetz made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 5,2000, at 10:00 a.m. REVIEW REPORT - TRAFFIC SAFETY ADVISORY COMMITTEE- AUTHORIZE CITY ENGINEER TO PROCEED - DESIGN RAISED MEDIAN - 21ST STREET APPROACHING SAN GABRIEL STREET (Continued from July 24, 2000) (27) William Woolard, Interim Director of Development Services, submitted a staff report dated August 14, 2000, regarding the design and installation of a raised median on 21" Street approaching San Gabriel Street. Council Member Lien advised that this request had been brought forward by the Senior Advisory Committee at the Senior Center, due to the difficulty involved with crossing four lanes of traffic and two parking lanes at this location. She stated that she had attended the Traffic Safety Advisory Committee meeting, where it was determined that neither a stop sign nor a traffic signal were the best options, technically, to alleviate this problem. Therefore, the committee had recommended the design and installation of a raised median which would cut the distance in half for a senior or child crossing the street. 14 8/21/2000 Mr. Ismael Rodriguez, chairman of the Perris Hill Advisory Council, thanked the Council, and Council Member Lien in particular. for addressing this safety issue and finding a solution. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council accept the recommendation of the Traffic Safety Advisory Committee to install raised medians on 21" Street's approaches to San Gabriel Street; and that the City Engineer be authorized to initiate design of a raised median project as recommended by the Committee, and allocate $5,000 from Account No. 129-367-5504-7156 to cover design costs. RES. 2000-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH COX PCS ASSETS, LLC., 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 August 7,2000) (28) Deputy City Attorney Empeno advised that a revised lease agreement had been prepared which contained only one change--on page 5, paragraph 5(d) Visual Mitigation, had been added to the document. This added language would address the concerns originally expressed by Council Member Schnetz. Council Member McGinnis felt that if this particular pole was camouflaged it would have an adverse effect, since the pole currently looks similar to the light poles at the park. Council Member Suarez made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 2000-261 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Absent: Council Member McCammack. Ayes: Council Nays: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 10: 13 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. At this time, Senior Assistant City Attorney Carlyle requested that Agenda Item Nos. 29 and 30 be considered later in the afternoon due to some minor word changes being made to one of the resolutions. 15 8/21/2000 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FORTY MILE PER HOUR SPEED LIMIT ON ORANGE SHOW ROAD BETWEEN "E" STREET AND ARROWHEAD A VENUE AND A FIFTY MILE PER HOUR SPEED LIMIT ON ORANGE SHOW ROAD BETWEEN ARROWHEAD A VENUE AND TIPPECANOE A VENUE. First (31) Council Member Schnetz made a motion, seconded by Council Member Suarez, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE THE EXISTING SPEED LIMIT ON SAN BERNARDINO AVENUE BETWEEN TIPPECANOE AVENUE AND MT. VIEW AVENUE FROM FORTY-FIVE MILES PER HOUR TO FORTY MILES PER HOUR. First (32) Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 10: 17 a.m., Mayor Pro Tern McGinnis recessed the meeting to 11 :00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11 :06 a.m., Mayor Pro Tern McGinnis 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 Pro Tern McGinnis; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: Council Member McCammack. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 99-07 - AMEND CHAPTER 19.68 - SURFACE MINING & LAND RECLAMATION - MODIFY REQUIREMENTS & POLICIES TO COMPLY WITH CALIFORNIA SURFACE MINING & LAND RECLAMATION ACT (33) 16 8/21/2000 William Woolard, Interim Director of Development Services, submitted a staff report dated July 31, 2000, regarding an amendment to Chapter 19.68 of the San Bernardino Municipal Code (Development Code) to modify text to be in conformance with the policies and requirements of the California Surface Mining and Land Reclamation Act. Mayor Pro Tern McGinnis opened the hearing. Mr. Woolard provided an overview of the staff report. No public comments were received. AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.68 (SURFACE MINING AND LAND RECLAMATION REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO REQUIREMENTS AND POLICIES. First (33) Council Member Suarez made a motion, seconded by Council Member Lien, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. INITIATE - DEVELOPMENT CODE AMENDMENT - ALLOW SWAP MEETS IN CCS-l, CENTRAL CITY SOUTH, LAND USE DISTRICT - SUBJECT TO CONDITIONAL USE PERMIT (CUP) (34) William Woolard, Interim Director of Development Services, submitted a staff report dated August 1, 2000, regarding initiation of a development code amendment to allow swap meets in the CCS-l, Central City South, land use district, subject to a conditional use permit. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be tabled. RECESS MEETING At 11:10 a.m., Mayor Pro Tern McGinnis recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:05 p.m., Mayor Pro Tern McGinnis reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 17 8/21/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern McGinnis; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member McCammack. APPOINTMENT - MARK WESTWOOD - PARKS & RECREATION COMMISSION - COUNCIL MEMBER LIEN (2A) Mayor Valles submitted a staff report dated August 10, 2000, recommending the appointment of Mark Westwood to the Parks and Recreation Commission as requested by Council Member Lien. Council Member Estrada made a motion, seconded by Council Member Schnetz, that the appointment of Mark Westwood to the Parks and Recreation Commission, as requested by Council Member Lien, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: None. Abstain: Council Member Anderson. Absent: Council Member McCammack. PRESENTATION - CERTIFICATE OF APPRECIATION - JAMES TATE - FIRE COMMISSIONER (3) Council Member Lien presented a certificate of appreciation to James Tate, who recently served as the Second Ward representative on the Fire Commission. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND THE CITY'S HEARING OFFICER. First (30) Senior Assistant City Attorney Carlyle advised that the corrected copy of the ordinance had been distributed and explained the revision to the Council. Council Member Suarez made a motion, seconded by Council Member Lien, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.30.130 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ASSESSMENT OF COSTS AGAINST PROPERTY. First (29) 18 8/21/2000 Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. CITY ADMINISTRATOR WILSON EXCUSED At 2:10 p.m., City Administrator Wilson left the Council meeting. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL AND SPECIAL COUNSEL SABO ARRIVED At 2:10 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo 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: 11 p.m., Vice Chairman McGinnis 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/2000-30 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE OLD TIMERS FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, AGREEMENT FOR THE ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM. (Continued from August 7, 2000) (R3S) Maggie Pacheco, Director of Housing and Community Development, provided a brief explanation of the program and answered questions regarding same. She pointed out that this program is basically used for minor home repairs; those seniors with greater housing needs will be referred to the Agency's Maintenance Housing Program. Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/2000-30 was adopted by the following Council Members Estrada, Lien, McGinnis, Schnetz. Suarez, Anderson. Absent: Council Member McCammack. vote: Ayes: Nays: None. 19 8/21/2000 CENTURY CROWELL COMMUNICATIONS DISPOSITION DEVELOPMENT AGREEMENT (DDA) - ARROW VISTA (R36) Gary Van Osdel, Economic Development Agency Executive Director, submitted a staff report dated August 15, 2000, which provided background information on this project and the Agency's reasons for recommending termination of the Disposition Development Agreement (DDA). Mr. Van Osdel stated that on July 1, 1999, the Agency entered into a DDA with Century Crowell Communities Limited Partnership for the development of 62 residential lots, known as the Arrow Vista lots; and shortly thereafter it came to the attention of staff that Century Crowell needed an assessment district to make this particular project work. However, when they approached the City regarding an assessment district, the request was denied. At this point in time, staff and Century Crowell began a period of negotiations in an attempt to come up with some other method of making the project work, while at the same time trying to hold Century Crowell harmless for what they lost in the advantages of doing an assessment district. Mr. Van Osdel pointed out that this item has gone back to the Redevelopment Committee three times, and at the last meeting, the committee presented their final position; namely, that the Agency would expect payment for the first 24 lots up front, would pay the existing school fee of $2.05 a foot, would make the water fees available, and would pay the unpaid taxes. The developer was to respond by 5:30 p.m. that afternoon as to whether or not they were willing to take this offer. According to Mr. Van Osdel, a response was not received by the end of the workday on August 10; however, a response was received the following day in which Century Crowell Communities indicated that they thought they understood what the committee's decision was, but they would have to get back to him. He then received a letter from Century Crowell on Thursday of last week indicating that they were in a position where they could possibly pay up front for half the lots. Mr. Van Osdel advised that the Agency's recommendation is that the Disposition Development Agreement be terminated. He stated that it was staff's impression that they could go back out on the market, solicit proposals, and find a development entity that has a true interest in developing housing on these lots. Council Member Estrada expressed shock that there could have been any misunderstanding by the developer regarding the direction given by the Redevelopment Committee on August 10, and the stipulation made to them that they must make a decision and respond by 5:30 p.m. that afternoon. 20 8/21/2000 John Pavelak, President of Century Crowell Communities, 1535 South "D" Street, San Bernardino, apologized that there seemed to be so much confusion on this project. He stated he wanted to clarify for the record that they were awarded the contract on Arrow Vista subject to the requirement that the City would do an assessment district. Mr. Pavelak submitted into the record a letter from Century Crowell Communities dated August 21, 2000, addressed to Mayor Judith Valles, to which was attached a chronological summary of the events surrounding this project. He noted that three lenders have turned the project down, that his company has spent over $60,000 in costs, and that finally Business Bank has agreed to do the project on 24 homes (with a personal guarantee from Mr. Pavelak), and they are now 60 days away from starting construction. It was Mr. Pavelak's opinion that there was nobody else ready to jump into this project, and that the Agency was being unfair in recommending termination of the DDA. He also pointed out that one of the other candidates who responded to the original Request for Proposal was Inco Homes, which subsequently went out of business. Ernest Vincent, Vice President, Century Crowell Communities, stated that he had made a mistake in committing the company to such a short time frame at the meeting on August 10. He advised that their finance director wasn't available, and the impact of having to pay $168,000 up front, instead of at the back end, was such that they really needed to do some cash flow analysis, which they were unable to do. He advised that he attempted to communicate with Mr. Van Osdel when he returned from vacation on Tuesday and found that the fax that he had sent him the day of the Redevelopment Committee meeting had not gone through that evening, but had been sent the next morning by his secretary. Mr. Vincent stated that he called Mr. Van Osdel on Tuesday (he left a message on his machine) to let him know that they were still working on it, and then sent a letter Wednesday stating that they would be able to meet half of that payment. He apologized for this sequence of events and any ill feelings that may have been created. Mr. Vincent continued, stating that their current problem stems from the fact that after they didn't get the assessment district and they came back and renegotiated another method of working things out, the school fees doubled and they were just unable to absorb that impact. Subsequently, they renegotiated with Mr. Winkler, former Development Director, and it was his (Mr. Vincent's) understanding that Century Crowell would pay the $168,000 on the back end, and this was included in his letter of April 27 that was presented to the committee. Mr. Vincent stated that the only contingency at that time was that EDA wanted to go back to Planning and make sure that the developer could get a variance on the side yard setback. When that was settled, it was his understanding that the Agency and Century Crowell had a deal based on paying the $168,000 at the back end. 21 8/21/2000 He added that they did not agree with the staff report where it talks about a negative of $200,000 to the Agency--that they did not think those figures were right because the $168,000 that they would pay would cover the back taxes and also part of the school fees. He stated that he thought the discrepancy was really the $96,000 in pre-paid city fees that have already been taken care of by either the EDA or the prior developer. The way they see it, the negative cash flow is about $20,000 to the EDA. Mr. Vincent reiterated that they believe this is going to be a good development for the area. He stated that they have the plans ready to go to Design Review, and no other developer is ready to do that. He expressed the need to do this quickly in order to lock in the $2 per square foot school fee that's currently available. He apologized again for the commitment to get back to staff by 5:30 p.m. on August 10, stating that it had not been realistic; and he hoped the Commission would consider their compromise proposal, or at least sit down and talk with them again. Mr. Van Osdel advised that within the EDA the deal was not conditioned upon the City approving an assessment district--that the language could be checked, but he thought the attorneys would concur that the deal was not conditioned upon the City doing an assessment district. Council Member Anderson stated that she has been directly involved with this program since the very beginning, and there seems to be a case of misinterpreted information. She stated that she would like to see the matter tabled, and then go back to the EDA and back to the Redevelopment Committee to work out those things that are hampering communications. Council Member Schnetz stated that when the assessment district proposal first came to the Ways and Means Committee, they discussed the past problems with Arrow Vista and the past assessment districts that had been there. He advised that staff had given the committee some figures as to what had transpired as far as the public dollars that had gone into the project in the form of assessment districts and unwrapping of assessment districts. At that time, the Ways and Means Committee had suggested it would be cheaper and more in step with achieving the Agency's goals of redevelopment and enhancing the quality of life in the specific project area, to just give the property away, than to try and put together another assessment district. This would be done with the condition that the developer builds a certain size house, a certain price house, within a certain time frame. Mr. Schnetz pointed out that the down side to this idea was the price of the land, and the fact that the Agency would never get back the $6 million they had put into the deal; however, they would get some houses built without an assessment district being put in place. He stated that as far as the $7,000 per lot is concerned, he does not know whether the lots are worth $7,000; however, it was probably a number the committee came up with because of the back taxes and the school fees that needed to be covered. He ended by stating that he would encourage trying to work something out 22 8/21/2000 which could make this a viable project and result in some affordable but high quality homes being built. Council Member Anderson made a motion, seconded by Council Member Lien, that the matter be referred back to the Agency and the Redevelopment Committee for some resolution. (Note: The motion was subsequently amended.) Council Member Estrada inquired whether staff believed this was a feasible recommendation, or whether it would just be a waste of staff's time and the developer's time. Executive Director Van Osdel explained that if a close look was taken of what the developer is basically proposing (if in fact they were to give $168,000 down up front), by the time the Agency is done, we would basically just hand them $168,000 back; plus, depending on whose numbers you're looking at, another $20-$40,000. He stated that maybe the deal would work better if the Agency just gave the property to the developer and both parties went their separate ways. He stated it would accomplish the same thing, but rather than getting into this protracted thing of worrying about school fees jumping from $2.05 - $4.00 per foot and worrying about past water fees that need to be paid, it might be an easier deal if the Agency were to just pass title, carte blanche, with the Agency not held to all these other issues. Council Member Estrada asked what leverage the Agency would have in terms of making sure that development takes place the way it's supposed to, if they just handed over the property. Executive Director Van Osdel stated that he was not suggesting that this be done with a quitclaim deed; that there would still be a requirement for a Disposition Development Agreement amendment which would include the development criteria, the setback requirements, and whatever else the Commission wanted to throw in, but it would not include the game of exchanging money and fees. Ms. Estrada then inquired about the time factors and how the Agency could be sure they would not run into another obstacle relative to timely completion of the project. Mr. Van Osdel stated that he did not know whether there would be any guarantees. He noted that this has always been a problematic property, that more than one developer has taken a crack at it, and they've all had problems; and it is apparent that the builder needs as many advantages as he can get right from the start. He stated he was just questioning whether those advantages have to be on the back of the Agency Mr. Van Osdel advised that there could be some requirement, even in a situation where you are transferring title at no cost, that mandates a time frame for the developer to meet certain milestones in terms of the development process. He stated that if, in 23 8/21/2000 fact, Century Crowell has already invested $30-$60,000 they've made certain steps and are apparently well along the line. Council Member Estrada suggested that rather than just glYlng the property away, maybe the Agency and the developer could agree on some value for the property and then have that paid back to the Agency over a period of time as the development occurs. According to Mr. Van Osdel, the current plan proposed by the committee is basically "money in, money out," which still amounts to zero money for the property. Council Member Schnetz pointed out that a major portion of the "money in, money out", is the property taxes that are owed on this property. He noted that in normal transactions, when a seller sells a piece of property, they've got to pay their back property taxes; therefore, anybody buying this property is not going to take it with back property taxes owing. He stated that it was his guess that the previous developer didn't pay the property taxes, and the Agency took it back subject to the property taxes. Mr. Schnetz also explained that in the transactional documents, title doesn't actually have to change hands until they get ready to take down each lot. In other words, title doesn't come out of the Agency's hands until the developer pulls his building permits on a lot by lot basis, or however they phase the project. The Agency files a first deed of trust on the property, which gets released as soon as they get their construction financing and start building. He stated that there are a lot of different ways for the Agency to ensure that the developer gets done what he is expected to do, or else we get our property back. He noted that in the staff report it talks about prepaid City fees and development fees, and inquired whether anybody from the Development Services Department could tell the Commission whether over the years when these assessment districts have been funded and then taken back down and paid off, what fees have been paid along the way, as he wanted to be sure that they are not getting paid twice at the cost of the Agency. He stated that he knew there were some fees paid, and a lot of times when they do assessment districts they prepay school fees, and he wondered whether that's ever happened on this property when they did the original assessment district. Council Member Anderson expressed her concerns relative to the property being given away and what this would mean to her and her constituents. She wanted to know what they would be getting back from this as far as the value of the homes being built. She stated that if this was to be done, she would want to go out and get a developer that is going to enhance the house and make the amenities so good that there will be cross ethnic groups wanting to come into this home because it is such a good value. Mr. Van Osdel stated that he did not believe this was the forum to be discussing negotiations, and stated that Mrs. Anderson's first suggestion to go back to the Redevelopment Committee was probably the most appropriate. He stated that the 24 8/21/2000 recommendation in the staff report is to terminate the agreement; however, if the Commission did not desire termination of the agreement, then the next logical step would be to refer the matter back to the Redevelopment Committee with any instructions they would like to go with the referral. Jay Lindberg, 6340 Orange Knoll, San Bernardino, stated that he thought that the value of a home was based on the economic base of a community. He stated that he sees the subsidization of housing as dealing with this thing in a backward manner. He advised that what the Commission needs to be doing is building an economic base that will support these $130,000-$150,000 homes. Council Member Anderson amended her motion, seconded by Council Member Lien, and unanimously carried, that the matter be referred back to the Redevelopment Committee for further negotiation or to terminate the agreement, with a report brought back to the Community Development Commission meeting of September 18, 2000. PUBLIC COMMENTS (37) Jay Lindberg, 6340 Orange Knoll, San Bernardino, noted that the Shadow Convention took place at the same time as the Democratic National Convention and continued his discussion regarding the drug war in America. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 2:55 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No.1, pages 1 and 2; and those cases announced by Senior Assistant City Attorney Carlyle, page 1. CLOSED SESSION At 2:55 p.m., Mayor Pro Tern McGinnis 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 Pro Tern McGinnis; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member McCammack. Also present: Deputy City Attorney Empeno and Administrative Operations Supervisor Anderson, City Attorney's Office; Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo; and Special Counsel Delmar Williams of Sabo and Green. 25 8/21/2000 ADJOURN CLOSED SESSION/MEETING (38) At 3:37 p.m., the closed session/meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Tuesday, September 5, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~ e. J.J41 Linda E. Hartzel Deputy City Clerk No. of Items: 38 No. of Hours: 4 26 8/21/2000