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HomeMy WebLinkAbout06-21-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT REGULAR MEETING JUNE 21, 1999 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission and San Bernardino Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor Valles at 8:06 a.m., Monday, June 21, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent; None. City Attorney Penman announced that the following additional cases would be discussed in closed session: Darrel E. Hess vs. Citv of San Bernardino - Workers Compensation Appeals Board Case No. SBR 284319; San Bernardino County Superior Court Case No. SCV 55561; EEOC Case No. 340990279; Department of Fair Employment & Housing Case No. E9899J051800 RV; Stubblefield Construction Companv. et al. vs. Citv of San Bernardino. et al. - Fourth District Court of Appeal Case No. E020341; Williams vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 33078. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 34) (1) At 8:06 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: 1 6/21/99 A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to suhdivision (b)(l); (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. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: Tract No. 11261 City of San Bernardino, Lots 6-13. 27-42; Tract No. 13822 (Arrow Vista) Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Ernest Vincent, Century Homes Under Negotiation: Purchase terms and conditions F. 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. G. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Public Employees Association - General Employees San Bernardino Public Employees Association - Middle Management Employees 2 6/21/99 CLOSED SESSION At 8:06 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien. McGinnis, Schnetz, Devlin. Anderson, Miller; City Attorney Penman, City Clerk Clark, CilY Administrator Wilson, Absent; None. Also present: Senior Assistant City Attorneys Carlyle and Simmons; Deputy City Attorneys Coleman, Easland and Empeno; Special Counsel Chris Lockwood of Lewis, D' Amato, Brisbois & Bisgaard; Director of Finance Pachon. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL LOCKWOOD EXCUSED At 8: 17 a.m., Deputy City Attorney Empeno and Special Counsel Lockwood left the closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED & DIRECTOR OF HUMAN RESOURCES RAY A ARRIVED At 8:23 a.m., Deputy City Attorney Coleman left the closed session and Director of Human Resources Raya arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:32 a.m., Senior Assistant City Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 8:57 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:09 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. 3 6/21/99 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was gtven by Father Ray Rosales, Pastor of Our Lady of Guadalupe Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Lien. PRESENTATION - FATHER RAY ROSALES (3) Mayor Valles announced that Father Rosales was leaving San Bernardino, having served Our Lady of Guadalupe Church for the past 12 years, and thanked him for his leadership, commitment and support. Council Member Estrada presented Father Rosales with a plaque commemorating his dedicated leadership and outstanding community service. APPOINTMENT - ESTHER MAT A - FINE ARTS COMMISSION MA YOR V ALLES (2) Mayor Valles submitted a staff report dated June 15, 1999, recOlmnending the appointment of Esther Mata as an alternate member of the Fine Arts Commission. Council Member Devlin made a motion. seconded by Council Member Anderson, and unanimously carried, that the appointment of Esther Mata as an alternate member of the Fine Arts Commission, as requested by Mayor Valles, be approved. PRESENTATION - FIRE CHIEF PITZER (3) Lieutenant Colonel Dominique Archibald, Commander of the 40'" Support Battalion with the California Army National Guard, presented a certificate of appreciation for distinguished contributions to the national defense to Fire Chief Larry Pitzer on behalf of one of her soldiers, Captain Miguel Ascarrunz. Disaster Preparedness Coordinator for the City. 4 6/21/99 PRESENT A TION - NORTHERN IRELAND SOCCER TEAM (3) Pat Cooney, a member of the local Irish community, representing the International Council of Friendship and Goodwill, joined Mayor Valles in making sportsmanship award presentations to the manager. coaches, and members of the Northern Ireland Soccer Team. The Mayor also acknowledged and introduced Steve Sampson, Technical Director of Coaching and Playing for the CYSA South Municipal Soccer Complex; Ray Horspool, President of the CYSA Soccer Complex and Foundation; and Dave Mylnarski, who handles marketing for the soccer complex. 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 Rachel Clark Sandra Medina Brett Baumgartner Jean Bonelli Cynthia Catchillar Gerald Jones Glenn O'Neal Victor Soto Robert Spindler David Tuller Department City Clerk City Clerk Police Police Police Police Police Police Police Police Years of Service 10-year pin 1O-year pin IS-year pin 5-year pin 5-year pin 25-year pin 1O-year pin 20-year pin 25-year pin 5-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she had celebrated Juneteenth Day on the 19th of June; and announced that over the weekend she had attended a Democratic Congress 2000 in Los Angeles, where there was a discussion regarding Census 2000. She stressed the importance of registering and being counted in the census. as this means resources for our City. 5 6/21/99 ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin congratulated the Newmark Indians Little League team and provided an update on the work being done on the bridge at Cable Creek. He stated that he had been invited to participate in the presentation of diplomas at the California State University, San Bernardino graduation ceremony, commented that it had been a very rewarding experience, and congratulated the graduates. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller advised that volunteers are needed for three city programs--the Mentoring Program (Rita Coronado 885-1847), the Youth Accountability Boards (Juvenile Probation 387-5827), and the Hoops Program (Crystal Light 881- 5597)--and presented a brief explanation of each program. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that on Sunday, June 27, the annual health fair sponsored by the Kiwanis would be held at Casa Ramona, 1524 West Seventh Street; and that all services would be provided free of charge. COUNCIL MEMBER LIEN EXCUSED At 9:51 a.moo Council Member Lien left the Council meeting. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis announced that there would be a Second Ward cleanup day on Saturday, June 26, at Lincoln Elementary School. He added that a Third Ward cleanup day was scheduled for July 10: however, a location had not yet been determined. Mr. McGinnis also expressed positive remarks regarding the Elk's Club Flag Day ceremonies, the graduation ceremonies at California State University, San Bernardino. and the rewards of sponsoring a Little League team. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz congratulated his daughter, Erin Littleton, on her graduation from San Gorgonio High School. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles announced that the new Parenting/Medical Education Center was dedicated on June 18, and would officially open on July 6, 1999. She thanked all of the legislators, and especially Assemblymen Longville and Leonard and Senators Brulte and Baca, for their efforts on behalf of the City to return some of the local funding to 6 6/21/99 the City. She encouraged residents to contact the Governor's Office to urge support for the return of local funding to the City, stating that we are looking at $150 million to be returned. The Mayor also thanked the Council Members for being so active in the community. PRESENTATION TO THE CITY - FROM CITY ATTORNEY PENMAN - $11,172.51 (3) City Attorney Penman noted that approximately three years ago the City Building Commissioners took action to demolish a number of four-plexes in the Arden- Guthrie area. Subsequently, a gentleman came along and bought the properties while the City was in the process of arranging for demolition and brought a lawsuit to prevent the City from knocking them down. The City won the lawsuit and 23 four-pie xes were demolished, with the City ultimately purchasing 22 of the four-plexes. Mr. Penman advised that a settlement was recently negotiated in the lawsuit, and the City will be receiving an additional $22,000. On top of that, during the pendency of that particular case, Chicago Title Company became aware of some money owed on those properties to the City that had never become the subject of liens. As a result, they presented the City with two checks totaling $11,172.51, which Mr. Penman presented to City Administrator Wilson. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson also urged local residents to contact Governor Davis and urge him not to veto the two provisions of the budget bill that are linked to the local property tax return and the booking fee reimbursement for San Bernardino. The number to call is (916) 445-2841. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark thanked all the volunteers who participated in the gathering and preservation of photographs to be used in the Shades of San Bernardino display at the Feldheym Library. PUBLIC COMMENTS - SUSAN ROGERS (46) Susan Rogers announced that there would be a walk for the homeless on Monday, June 28, from the Welfare Department to City Hall. ANNOUNCEMENT - MAYOR V ALLES (4) Mayor Valles advised Jeff Wright of the provisions of Penal Code Section 403 and San Bernardino Municipal Code Section 9.12.010 relative to the disturbance of public meetings. 7 6/21/99 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced his objection to waiving full reading of the resolutions and ordinances Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority be waived. COUNCIL MINUTES (6) Jeff Wright, P.O. Box 2341, San Bernardino. CA. stated that the minutes were not included in the backup and requested that this matter be continued. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: April 5, 1999; April 19, 1999. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 16, 1999. from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that all the personnel items be announced. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated June 8, 1999, 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. APPROVE - POLICE DEPARTMENT - TRIENNIAL EMPLOYEE COMMUTE TRIP REDUCTION PLAN (9) 8 6/21/99 Teri Baker, Administrative Analyst II, Administrator's Office, submitted a staff report dated June 4, 1999, recommending that the Police Department's Triennial Employee Commute Trip Reduction Plan be approved Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried. that the Police Department's Triennial Employee Commute Trip Reduction Plan be approved. RES. 1999-134 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO. (10) Jeff Wright, P.O. Box 2341. San Bernardino, CA, expressed concern regarding the pollution at the former Norton Air Force Base. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-134 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin. Anderson. Miller. Absent: Council Member Lien. Ayes: Nays: Council None. RES. 1999-135 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS BETWEEN LEWIS, D'AMATO, BRISBOIS AND BISGAARD AND MIDDLEBROOK, KAISER & POPKA AND THE CITY OF SAN BERNARDINO FOR LEGAL SERVICES. (11) Shirley Goodwin. 3715 Camellia Drive. San Bernardino. CA, inquired as to the criteria used to determine who would be laid off in the City Attorney's Office, since she has a case pending against the City and it appeared that the attorney handling her case was no longer with the City. City Attorney Penman advised that Ms. Goodwin had filed a lawsuit against the City and advised that staff would be unable to answer questions for Ms. Goodwin. Jay Lindberg, 6340 Orange Knoll, Highland, CA, expressed his opinion relative to the workings of the City Attorney's Office. 9 6/21/99 Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed his ideas regarding the "farming out" of cases by the City Attorney's Office. City Attorney Penman explained the rationale and circumstances surrounding the decision to reduce staff in the City Attorney's Office and farm out these cases. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-135 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes: Nays: Council None. PUBLIC HEARING - VACATE - PORTIONS OF FLORES STREET, 10TH STREET & PENNSYLVANIA AVENUE - SOUTH OF BASELINE STREET (31) Michael E. Hays, Director of Development Services, submitted a staff report dated May 24, 1999, regarding the vacation of portions of Flores Street, lOth Street, and Pennsylvania Avenue. Mayor Valles opened the hearing. Director Hays explained that the San Bernardino City Unified School District had requested the vacation of three streets, which are located at the site of the new high school south of Baseline Street and east of Pennsylvania Avenue. Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that he was concerned about people being moved out of the area under eminent domain. RES. 1999-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF FLORES STREET, 10TH STREET AND PENNSYLVANIA AVENUE, SOUTH OF BASELINE STREET. (31) Council Member Miller made a motion, seconded by Council Member Devlin, that the public hearing be closed; that the Findings of Fact be adopted as set forth in the staff report dated May 24, 1999, from Michael E, Hays, Director of Development Services, as to why portions of Flores Street, lOth Street and Pennsylvania Avenue, south of Baseline Street are no longer necessary for public street purposes; and that said resolution be adopted. 10 6/21/99 The motion carried, and Resolution No. 1999-136 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. PUBLIC HEARING - CHANGE STREET NAME - AUTO CENTER DRIVE TO AUTO CENTER ROAD - BETWEEN 1-215 FREEWAY & FAIRWAY DRIVE (32) Michael E. Hays, Director of Development Services, submitted a staff report dated May 24, 1999, regarding the proposed street name change of Auto Center Drive to Auto Center Road. Mayor Valles opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino. CA, voiced opposition, stating that this was the third or fourth name change for this street. Jay Lindberg, 6340 Orange Knoll, Highland, CA, questioned why this action would be necessary. Council Member Schnetz noted that this was a request from all the property owners that belong to the Auto Center Association, and it would not affect any addresses, as no businesses front on this street. RES. 1999-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF AUTO CENTER DRIVE TO AUTO CENTER ROAD BETWEEN THE 1-215 FREEWAY AND FAIRWAY DRIVE WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (32) Council Member Schnetz made a motion. seconded by Council Member Anderson, that the public hearing be closed; and that said resolution be adopted. The motion carried, and Resolution No. 1999-137 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9.95 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED DRUG AND/OR GANG RELATED ACTIVITIES ARE OCCURRING. First (33) 11 6/21 /99 Freddie Spellacy, Spellacy & Associates Realtors, Inc., 2724 North Waterman Avenue, San Bernardino, CA, spoke in support of the ordinance and encouraged Council approval of same. Deputy City Attorney Coleman noted that this ordinance had previously come before the Mayor and Council at the June 7 Council meeting, at which time it was referred to the Legislative Review Committee (LRC) for further study. She reviewed point by point the changes made to the ordinance by the City Attorney's Office. stating that they had incorporated many of the suggestions of the LRC and had more specifically defined gang-related crime in the new ordinance. Susan Hartman, a citizen of San Bernardino, complimented the City on the work it has been doing to clean up unsavory establishments. Shirley Goodwin, 3715 Camellia Drive, San Bernardino, CA, stated that the ordinance was very garbled and confusing, and that the citizens should be allowed to review the entire contents prior to its adoption. Jay Lindberg, 6340 Orange Knoll, Highland, CA, stated that it concerned him that this type of ordinance is in effect in only two other communities in Southern California. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern with the contents of the ordinance. Robert Neves, 2348 Sterling #439, San Bernardino, CA, stated he was not for or against this ordinance; however, it seemed that there were still several issues that needed to be more thoroughly defined. City Attorney Penman advised that for a number of years the City has successfully been using the Narcotics Abatement Act and the Nuisance Abatement Act to close businesses and apartment houses with gang/drug-related problems. He stated that this ordinance would enable the City to require the landlord to remove those tenants early on who are involved in this type of drug/gang activity. He pointed out that said "activity" is very carefully defined in the ordinance, and that in order to be a drug-related nuisance, the behavior has to conform with the prohibitions of Health and Safety Code Section 11532. He also pointed out the safeguards incorporated into the ordinance and addressed some of the concerns expressed by the previous speakers. Nick Gonzales, P.O. Box 20032, San Bernardino, Arrowhead Neighborhood Association, stated that the Associations were in favor of the ordinance. CA, president of the Neighborhood Cluster 12 6/21/99 Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 11: 16 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 11 :26 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, McGinnis, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 41 LIQUOR LICENSE - MR. GRINDER & BURGER - 891 E. HARRIMAN PLACE (40) Michael E. Hays, Director of Development Services, submitted a staff report dated June 2, 1999, regarding a Type 41 Liquor License for Mr. Grinder & Burger located at 891 E. Harriman Place, San Bernardino. Director Hays stated that staff was recommending approval of this application with conditions, noting that this license would allow the sale of alcohol only in conjunction with the sale of food. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served; and that the Director of Development Services be directed to send a letter to the Department of Alcoholic Beverage Control for a Type 41 (On-sale Beer & Wine - Eating Place) Liquor License for Mr. Grinder & Burger located at 891 E. Harriman Place. COUNCIL MEMBERS ESTRADA & SCHNETZ EXCUSED At 11 :33 a.m., Council Members Estrada and Schnetz declared a conflict of interest regarding Agenda Item No. 35 and left the meeting--Ms. Estrada stating that her employer owned an unreinforced masonry building and Mr. Schnetz stating that he represents the owner of an unreinforced masonry building. 13 6/21/99 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.12.100, 15.12.110, AND 15.12.120 OF THE SAN BERNARDINO MUNICIPAL CODE EXTENDING THE TIME LIMITS FOR RETROFITTING UNREINFORCED MASONRY BUILDINGS; AND AMENDING SECTION 15.12.140 ESTABLISHING THE PENALTY FOR NONCOMPLIANCE. Final (35) The following individuals spoke regarding the financial hardship of having to retrofit their masonry buildings: Alan H. Dale, who has a financial interest in a business located at 357 W. Highland Avenue. San Bernardino, CA. Jim Davis, Davis Camera Shop, 376 North "D" Street, San Bernardino. CA. Milton Robin, co-owner of a building located at 467 Fourth Street, San Bernardino, CA. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11 :37 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. Council Member McGinnis made a motion. seconded by Council Member Anderson. that the matter be continued, to be considered when a full Council would be present (no date specified). City Attorney Penman advised that the State only requires that a City identify the buildings which are in need of retrofitting and could be unsafe in the event of an earthquake, and the City has complied with this requirement. He pointed out that by going beyond what the law requires, and by requiring something that no other surrounding community is requiring, places our local business owners at a distinct disadvantage. Council Member Anderson removed her second. The motion failed for lack of a second. Council Member Anderson expressed her desire that the Council listen to the speakers and reconsider its stand on this issue, due to the hardship it would impose on those businesses affected by the proposed ordinance. Council Member Anderson made a motion to table the matter. The motion failed for lack of a second. 14 6/21/99 Council Member Devlin expressed concern that by tabling the ordinance the City would be right back where it started. He also noted that seven property owners had already complied; however, he was aware of the need to maintain the viability of the downtown area and downtown merchants. City Attorney Penman suggested that the Council could approve the proposed ordinance which would extend the time frames for compliance so that businesses would not be in violation, and direct the City Attorney', Office to come back with an ordinance that complies with State requirements only. Council Member Devlin made a motion to approve the ordinance before the Council at this time and direct the City Attorney to come back with a revised ordinance that would bring the City into compliance with State law, but go no further. The motion failed for lack of a second. The Council questioned why any ordinance would need to be adopted since the City was in compliance with the State's directive to identify the buildings. City Attorney Penman pointed out that the existing ordinance imposes a time limit on the businesses to retrofit, which has now expired. Therefore, those businesses which have not retrofitted are technically in violation of the existing ordinance. It was noted that the existing ordinance had expired in April; therefore, a delay of two weeks would not make that much difference. Council Member McGinnis made a motion. seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of July 6, 1999, in the Council Chambers of City Hall, and that the City Attorney be directed to come back with a revised ordinance that would bring the City into compliance with State law. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated he would like to dispel the rumor that once a building is retrofitted it is earthquake proof. He noted that the building will still fall down; however, people would have a little more time to escape the building. COUNCIL MEMBERS ESTRADA & SCHNETZ RETURNED At 11:51 a.m., Council Members Estrada and Schnetz returned to the Council meeting and took their places at the Council table. At this time, the Council reconsidered the consent calendar, since the individual who had pulled most of the items had now left the meeting. 15 6/21/99 RES. 1999-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (12) RES. 1999-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ASSOCIATED ENGINEERS, INC., FOR THE DESIGN OF A MASTER PLAN STORM DRAIN IN "H"" STREET FROM 17TH STREET TO 27'" STREET. (14) Council Member McGinnis made a motion. seconded by Council Member Estrada, that said resolutions be adopted. Ayes: Nays: Resolution Nos. 1999-138 and 1999-139 were adopted by the following vote: Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. None. Absent: Council Member Lien. AUTHORIZE STAFF TO PROCEED - VACATE PORTION - WEST SIDE OF WATERMAN AVENUE - SOUTH OF WIER ROAD - INVESTIGATIVE PROCEEDINGS ONLY APPROVE PLAN NO. 9974 (17) Michael E. Hays, Director of Development Services, submitted a staff report dated June 8, 1999, regarding authorization to proceed with the investigative proceedings only for the vacation of a portion of the west side of Waterman Avenue, south of Wier Road. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Development Services and City Clerk be authorized to proceed with the investigative proceedings for the proposed vacation of a portion of the west side of Waterman Avenue, south of Wier Road; and that Plan No. 9974, showing the proposed vacation of a portion of the west side of Waterman Avenue, south of Wier Road, be approved, 16 6/21/99 RES. 1999-140 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE AN ANNUAL PURCHASE ORDER AND SIGN A STANDARD FORM SERVICE AGREEMENT WITH ARROW POWER SWEEPING FOR SWEEPING SERVICE AT CAROUSEL MALL PARKING LOTS AND CITY HALL F1VE- LEVEL PARKING STRUCTURE, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (19) RES. 1999-141 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE AN ANNUAL PURCHASE ORDER AND SIGN A STANDARD FORM SERVICE AGREEMENT WITH SK TELECON, INC., FOR CABLE PULL SERVICE, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (20) RES. 1999-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 99/00 MAINTENANCE SERVICES AGREEMENT WITH DATAMAX TECHNOLOGIES, INC., FOR MAINTE:-.rANCE OF IMAGING EQUIPMENT AND SOFTWARE FOR THE CITY OF SAN BERNARDINO. (23) RES. 1999-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 99/00 MAINTENANCE SERVICES AGREEMENT WITH CREATIVE COMPUTER SOLUTIONS FOR MAINTENANCE OF FINANCIAL SOFTWARE FOR THE CITY OF SAN BERNARDINO. (24) RES. 1999-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF A MAINTENANCE CONTRACT FOR THE CITY'S 800 MHz VOICE/DATA BACKBONE, FOR MDT MAINTENANCE, THE DISPATCH CONSOLE MAINTENANCE AND FOR USER EQUIPMENT MAINTENANCE WITH THE COUNTY OF SAN BERNARDINO'S 800 MHz GROUP. (26) 17 6/21/99 RES. 1999-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 99/00 SOFTWARE MAINTENANCE AGREEMENT FOR THE POLICE/FIRE COMPUTER-AID ED-DISPATCH SYSTEM (CAD), FOR POLICE/FIRE RECORDS MANAGEMENT SYSTEM (RMS) AND THE POLICE JAIL MANAGEMENT SYSTEM. (27) RES. 1999-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING FISCAL YEAR 99/00 HARDWARE AND SOFTW ARE MAINTENANCE SERVICE AGREEMENTS WITH IBM FOR MAINTENANCE OF A UTILITY BILLING SYSTEM FOR THE CITY OF SAN BERNARDINO WATER DEPARTMENT. (27A) RES. 1999-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE YOUTH MENTORING SERVICES. (28) RES. 1999-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO EXTEND THE CURRENT CONTRACT AND RENEW ANNUAL PURCHASE ORDER #99-2249 WITH WACKENHUT CORPORATION UNTIL DECEMBER 31, 1999, TO ALLOW SUFFICIENT TIME TO RE-BID THE CONTRACT FOR JAIL OPERATIONS AND CLERICAL SUPPORT SERVICES. (29) Council Member McGinnis made a motion. seconded by Council Member Estrada, that said resolutions be adopted. Resolutions Nos. 1999-140, 1999-141, 1999-142, 1999-143, 1999-144, 1999- 145, 1999-146, 1999-147, and 1999-148 were adopted by the following vote; Ayes; Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. RES. 1999-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, INC., A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITY WIDE GRAFFITI REMOVAL PROGRAM. (13) 18 6/21/99 Council Member Estrada noted that several community groups work with Los Padrinos and requested that information on these groups be made available to the Council. Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-149 was adopted by the following vote; Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes: Nays: Council None. RES. 1999-150 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF PAVEMENT ON PALM AVENUE FROM BASE LINE STREET TO 20TH STREET. (15) Council inquired whether this street was currently on the Capital Improvement Projects (CIP) list and whether this would be a full reconstruction. Michael E. Hays, Director of Development Services, stated that it was not originally identified on the CIP list; however the City of Highland had identified the need to rehabilitate this street and staff felt it was appropriate to share the costs, since it is cheaper for two cities to do a joint project. He stated that the City may receive a refund of some of the monies because the City of Highland has applied for a grant to reimburse up to $40,000 of the project's cost. Council Member Schnetz noted that this is a great opportunity to leverage some of our funds in getting this street rebuilt, since one side is owned by Highland and one side by San Bernardino. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired about the provision of curb cuts. Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-150 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes: Nays: Council None. 19 6/21/99 RES. 1999-151 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 ANY TIME ZONE ON BASE LINE STREET BETWEEN KNOB HILL ROAD AND SIXTEEN HUNDRED FEET WEST OF KNOB HILL ROAD, APPLICABLE TO THE NORTH SIDE ONLY. (16) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 1999-151 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes; Nays; Council None. APPROVE PLAN NO. 9903 - AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL TRAFFIC SIGNAL - INTERSECTION OF PEPPER & RANDALL AVENUES (18) Michael E. Hays, Director of Development Services, submitted a staff report dated June 8, 1999, regarding approval of plans and authorization to advertise for bids for the installation of a traffic signal at the intersection of Pepper and Randall Avenues. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired whether the plans called for visual and audio signals; and Director Hays answered in the affirmative. Council Member McGinnis made a motion. seconded by Council Member Miller, and unanimously carried, that Plan No. 9903 for the installation of a traffic signal at the intersection of Pepper Avenue and Randall Avenue be approved; and that the Director of Development Services be authorized to advertise for bids. ESTABLISH - COMMUNITY SERVICE PROGRAM SPECIALIST POSITION - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (21) Edward S. Raya, Director of Human Resources, submitted a staff report dated April 23, 1999, regarding the establishment of a Community Service Program Specialist position within the Parks, Recreation and Community Services Department. 20 6/21/99 Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested that the Council consider another position which could be funded with State and Federal funds-- an American with Disabilities Act (ADA) Coordinator. He stated he did not know of a person within the City designated for this purpose. City Administrator Wilson stated that different people are assigned to handle ADA coordination--Facilities Management personnel handle those matters inside City Hall and an individual from Public Works/Development Services handles those matters outside City Hall. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the establishment of one (1) position of Community Service Program Specialist, Range 1298, $1,962-$2.385/month, be approved; and that the Director of Human Resources be directed to update Resolution 6413, Section 10, to reflect this particular action. RES. 1999-152 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 1999-2000 MAINTENANCE CONTRACT WITH SENTO CORPORATION FOR MAINTENANCE OF THE CITY'S COMPUTER AND NETWORKING HARDWARE AND OPERATING SYSTEM SOFTWARE. (22) Council Member Devlin noted that the City Attorney's Office had refused to sign off on this item. City Attorney Penman stated that his office did not sign off due to the fact that this company would only indemnify the City up to $1 million, and from a legal standpoint this was just not enough money. He stated this was a policy decision that the Council would have to make. City Administrator Wilson pointed out that this is the only company the City can contract with for this work, that the contents of the agreement are company policy, and the City has had this agreement with this company for the past nine years. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-152 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes: Nays; Council None. 21 6/21/99 RES. 1999-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 99/00 PURCHASE OF SERVICES AGREEMENT WITH GTE CALIFORNIA FOR FRAME RELAY SERVICES FOR CONNECTIVITY OF CITY REMOTE SITES TO CITY HALL FOR THE CITY OF SAN BERNARDINO. (25) Council Member Estrada inquired how this would affect the City's telephone system. Janis Ingels, Director of Management Information Services, stated that it has nothing to do with the telephone system in City Hall At the request of Council, she also provided a brief overview of the City's preparedness for Y2K. Council Member Estrada made a motion. seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 1999-153 was adopted by the following vote: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Absent: Council Member Lien. Ayes: Council Nays: None. INITIATE - DEVELOPMENT CODE AMENDMENT - LUCY'S LAUNDROMAT - SOUTHEAST CORNER - BASE LINE & "F" STREETS - ALLOW MULTI-SERVICE CSES - CONVENIENCE STORES (WITHOUT ALCOHOL) (30) Michael E. Hays, Director of Development Services, submitted a staff report dated June 16, 1999, regarding a development code amendment which would allow multi-service uses, including convenience stores without alcohol, as conditionally permitted uses in the commercial land use districts. Valerie Ross, Principal Planner, stated that if staff is directed to proceed, the project would fall under the California Environmental Quality Act, in addition to site specific impact, which would be considered on a case by case basis. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Development Services Department be directed to prepare a Development Code Amendment to allow multi-service uses, including convenience stores without alcohol. REQUEST - PROPOSED CHARTER AMENDMENT - OPTIONS FOR MUNICIPAL ELECTION DATES (34) 22 6/21/99 Rachel Clark, City Clerk, submitted a memo dated June 14, 1999, and addressed to the Members of the Legislative Review Committee concernmg the Proposed Charter Amendment Regarding Election Dates. Council Member McGinnis made a motion, seconded by Council Member Anderson, that the City Attorney be directed to prepare a proposed Charter Amendment to be placed on the November 2. 1999 ballot that would amend Sections 10 and 14 of the Charter and incorporate the following points: 1) Give the City the option to request that a general (runoff) election be consolidated with the County if an election should fall within sixty days of a County-conducted election; 2) Elected officers' terms of office remain the same as those elected in the primary election, i.e., candidates who win in the primary will assume office on the first Monday in March of the following even- numbered year; 3) If a general (runoff) election is required, the winner of that election will assume office on the first Monday in April of the following even-numbered year. (Note: There was no vote taken.) City Clerk Clark reviewed her proposal with the Council and answered questions regarding the changes she was proposing and the justification for same. City Attorney Penman expressed opposition to the proposed changes, stating that since it would be an option, and the criteria is not delineated, the criteria could be based on political considerations. Secondly, he expressed concern that said action would result in different council members having different lengths in their terms of office. Council Member Miller made a substitute motion. seconded by Council Member Anderson, and unanimously carried, that the matter be referred to the Legislative Review Committee. RECESS MEETING At 12:50 p.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:10 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, Devlin; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Anderson, Miller. 23 6/21/99 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO A VENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from March 15, 1999) (Discussed later in the meeting - see page 28) (36) Note; No resolution was distributed with the backup material and, therefore, will not be available for reference. City Attorney Penman suggested and the Council agreed to consider Agenda Item No. 36 with Agenda Item No. R42 later in the meeting. COUNCIL MEMBER MILLER RETURNED At 2:12 p.m., Council Member Miller returned to the Council meeting and took her place at the Council table. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT WITH AMERICAN MEDICAL RESPONSE TO ENTER INTO A 180-DA Y PILOT PROGRAM WITH THE FIRE DEPARTMENT TO ASSESS AN IMPROVED PARAMEDIC FIRST RESPONDER PROGRAM. (Continued from .June 7,1999) (37) Note: No resolution was distributed with the backup material and, therefore, will not be available for reference. City Attorney Penman advised that his office had been talking for the past week with American Medical Response and had resolved most, but not all, of the issues. He requested that the matter be continued to the first meeting in July. Council Member McGinnis made a motion. seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of July 6, 1999, in the Council Chambers of City Hall. RES. 1999-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891. (Continued from .June 7, 1999)(38) 24 6/21/99 City Administrator Wilson stated that this item had been held over from the previous meeting, to allow the Council time to review the contract documents in detail and also to ascertain what the cost issues would be. He noted that this contract would cost the City $880,000 over a four-year period, with an annual recurring cost of $331,000. Council Member Schnetz made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 1999-154 was adopted by the following vote: Ayes: Members Estrada, McGinnis, Schnetz, Miller. Nays: None. Abstain: Member Devlin. Absent: Council Members Lien, Anderson. Council Council Note: Council Member Devlin originally registered an "Aye" vote on Agenda Item #38; however, he then declared a conflict of interest on both Agenda Item Nos. 38 and 39, since both organizations had made donations 10 his committee. The City Clerk changed his vote on Item No. 38 from an "Aye" to an "Abstention." RES. 1999-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (SBPOA). (Continued from .June 7, 1999) (39) City Administrator Wilson stated that this item had also been held over so the Council could review the contracts in detail. He advised that the cost for the contract would be about $389,000 for a three-year period, with an annual recurring cost of $339,000. Council Member McGinnis made a motion. seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-155 was adopted by the following vote: Ayes: Members Estrada, McGinnis, Schnetz, Miller. Nays: None. Abstain: Member Devlin. Absent: Council Members Lien, Anderson. Council Council COUNCIL MEMBER ANDERSON ARRIVED At 2:19 p.m., Council Member Anderson arrived at the Council meeting and took her place at the Council table. 25 6/21/99 CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 2:20 p.m., City Attorney Penman and City Administrator Wilson left the Council meeting and were replaced by Senior Assistant City Attorney Carlyle; and Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:20 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. RES. COC/1999-19 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE ACQUISITION, REHABILITATION AND RESALE (ARR) PROGRAM CONTRACTORS LIST AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE THE NEW ARR PARTICIPATION AGREEMENT. IN SlJBSTANTIAL FORMAT ATTACHED HERETO, WITH EACH APPROVED ARR CONTRACTOR. (R41) Maggie Pacheco, Director of Housing and Community Development, explained that approximately a year ago the Community Development Commission had extended the contracts for the Acquisition, Rehabilitation and Resale (ARR) program; and in the meantime, staff was to solicit new contractors. She stated that eight contractors were being proposed for new contracts, and noted that the Agency loan guarantee was being removed from the new agreements. Council Member Miller made a motion. seconded by Council Member Anderson, that the Community Development Commission approve and authorize the Agency Executive Director to terminate the Acquisition, Rehabilitation and Resale (ARR) Agreements with the five existing contractors effective June 21, 1999; and that said resolution be adopted. 26 6/21/99 The motion carried, and Resolution No. CDC/1999-19 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Anderson, Miller. Nays: None. Abstain: Council Member Devlin. Absent: Council Member Lien. Mayor Valles congratulated Jaime Alvarez of Alvarez and Associates on two awards he would be receiving--one from the United States Department of Housing and Urban Development and the other from the Fair Housing Council--in recognition of the excellent work he has done in the community. Jaime Alvarez spoke regarding the challenges of being involved in the Acquisition, Rehabilitation and Resale Program. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:28 p.m., Senior Assistant City Attorney Carlyle left the Council Meeting and was replaced by City Attorney Penman. City Attorney Penman stated that his office had conflicted off on the next item, since Dr. Feldkamp had contributed to his campaign fund; however, Special Counsel Sabo had reviewed and checked the documents and would be advising the Commission. CITY ATTORNEY PENMAN EXCUSED At 2:29 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. RES. 1999-156 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THIRD AMENDMENT TO SETTLEMENT AGREEMENT (FELDKAMP) AND AGREEMENT RE BAILEY CREEK. (R42) RES. COC/1999-20 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN LETTER AGREEMENT. (FELDKAMP) (R42) Gary Van Osdel, Executive Director of the Economic Development Agency. stated that the third amendment does not add any new items, it merely extends some understandings previously reached with Dr. Feldkamp. Special Counsel Saba stated that tax allocation bonds had been issued in the last two months for the purpose of indirectly causing the defeasance of the Mello-Roos bond issue in the Verdemont area; and explained the purp(lSe and scope of the amendment to the agreement with Dr. Feldkamp 27 6/21/99 Council Member Devlin made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 1999-156 and CDC/1999-20 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193. LOCATED ON THE SOUTHEAST CORNER OF OHIO A VENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Discussed earlier in the meeting - see page 24) (36) Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA, stated he had only seen a preliminary design of this tract, and questioned whether the residential driveways would comply with the City's standard for c:ommercial driveway approaches. He also questioned whether the residential curb ramps would be in compliance insofar as paths of travel for those in wheel chairs so they would not be drawn into the street by the curb ramps. He did not think complianc:e was shown on the plans. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the first regular meeting of the Mayor and Common Council scheduled in January 2000. PUBLIC HEARING - LEASE IN AMOCNT NOT TO EXCEED $12,000,000 SALE & DELIVERY CERTIFICATES OF PARTICIPATION POLICE STATION & SOUTH VALLE PROJECTS (R43) Gary Van Osdel, Economic Development Agency Executive Director. submitted a staff report dated June 14, 1999, regarding the sale and delivery of Certificates of Participation (South Valle Public Improvements Project and 1995 Police Station Financing Project). Chairwoman Valles opened the hearing. 28 6/21/99 Executive Director Van Osdel stated that as staff wrestled with ways to reduce costs and/or increase revenues, they had asked bond counsel to explore ways the City/Agency might be able to save money. He introduced Rhonda Connelly of Miller & Schroeder Financial to present this item. Rhonda Connelly, Miller & Schroeder Financial, provided an overview of the proposal for the sale and delivery of the Certificates of Participation for the Police Station and South Valle. She reviewed the pros and cons and the savings to be realized by taking said action; and answered questions regarding same. RES. 1999-157 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC HEARING. APPROVING THAT CERTAIN LEASE IN AN AMOUNT NOT TO EXCEED $12,000,000 IN CONNECTION WITH THE SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION, AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE FORM OF LEGAL DOCUMENTS RELATED THERETO. (R43) RES. .J-47 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING THE SALE AND DELIVERY OF NOT TO EXCEED $12,000.000 CERTIFICATES OF PARTICIPATION ON BEHALF OF THE CITY OF SAN BERNARDINO, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORM THEREOF. (R43) RES. COC/1999-21 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN REIMBURSEMENT AGREEMENT IN CONNECTION WITH THE SALE AND DELIVERY OF 1999 CERTIFICATES OF PARTICIPATION (POLICE STATION AND SOUTH VALLE PROJECTS). (R43) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolutions be adopted. The motion carried, and Resolution Nos. 1999-157, J-47, and CDC/1999-21 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Devlin, Anderson, Miller. Nays: Council Member Schnetz. Absent: Council Member Lien. 29 6/21/99 APPROVE DEMOLITION - 18 AGENCY -OWNED FOUR-PLEX UNITS - AWARD CONTRACT - C.R. GANN - ARDEN/GUTHRIE NEIGHBORHOOD - NORTH OF 20TH STREET (R44) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated June 11, 1999, regarding the demolition of 18 Agency-owned four- plex units in the Arden/Guthrie area and award of the demolition contract to C.R. Gann. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission approve the demolition of 18 Agency-owned four-plex units in the Arden/Guthrie neighborhood area north of 20th Street and award a demolition contract to C.R. Gann in the amount of $218,106 plus a contingency of $32,716 for a total budget authorization of $250,822. RES. COC/1999-22 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND V ALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1. (R45) Executive Director Van Osdel provided background information on the loan and explained that as the guarantor of the loan, the Agency was being asked to sign the amendment. Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. CDC/1999-22 was adopted by the following vote: Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. None. Absent: Council Member Lien. Ayes: Nays: SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:46 p.m., Senior Assistant City Attorne} Carlyle left the Council meeting and was replaced by City Attorney Penman. 30 6/21/99 PUBLIC COMMENTS - NANCY SIDHU (46) Nancy Sidhu, 4200 Camellia Drive, San Bernardino, CA, chair of the Animal Advisory Commission, spoke regarding the need for tougher leash laws and license laws, and the need for more animal control officers. PUBLIC COMMENTS - BROOKE MC KNIGHT (46) Brooke McKnight, 3354 Genevieve Street, San Bernardino, CA. a member of the Animal Advisory Commission, spoke regarding the need for higher licensing fees for unaltered animals. She stated that Animal Control is being asked to do more and more with less and less resources. PUBLIC COMMENTS - SUSAN HARTMAN (46) Susan Hartman, a resident of San Bernardino, expressed her desire to be hired by the City to work with the homeless. PUBLIC COMMENTS- SHIRLEY GOODWIN (46) Shirley Goodwin, 3715 Camellia Drive, San Bernardino, CA, read Government Code Sections 6200 and 6203 and stated that she was getting the runaround from the City Attorney's Office and Code Compliance regarding code compliance violations. She stated that she would like to file an appeal and asked for direction from the Mayor and Council. PUBLIC COMMENTS - NIC SAKIRI (46) Nic Sakiri, 976 East Baseline Street, San Bernardino, CA, manager of Savas Furniture, stated that they had been warned about placing merchandise outside for advertising purposes; however, this is the only way people know they are open for business. PUBLIC COMMENTS - JAY LINDBERG (46) Jay Lindberg, 6340 Orange Knoll, Highland, CA, read a handout entitled, "Advertising for Informants - Cash in on the Drug War Economy," which he distributed to the Mayor and Council. 31 6/21/99 PUBLIC COMMENTS - PAT BROTWELL (46) Pat Brotwell, owner of a business at 939 East Baseline Street, San Bernardino, CA, spoke regarding outdoor displays at businesses, stating that she believed that Ordinance MC-970, relative to outdoor sales and display of merchandise, is selectively enforced. PUBLIC COMMENTS - PEDRO ROSA (46) Pedro Rosa, 1233 West Baseline Street, San Bernardino, CA, stated that he handles new merchandise and would like to be able to display it outdoors on his property. PUBLIC COMMENTS - ESPERANZA MUNOZ (46) Esperanza Munoz, 2079 North "E" Street, San Bernardino, CA, stated that she would like the Council to reconsider that section of the Municipal Code relating to outdoor displays of merchandise. PUBLIC COMMENTS - APRIL PENDER (46) April Pender, 923 East Baseline Street, San Bernardino, CA, asked why she could not place furniture outside her place of business PUBLIC COMMENTS - CORA IVERSON (46) Cora Iverson, 919 East Baseline Street, San Bernardino, CA, spoke regarding the need to display merchandise outside in order to let the public know her business is open. PUBLIC COMMENTS - JIM BARNHART (46) Jim Barnhart, 8077 Tippecanoe Avenue, San Bernardino, CA, who is also involved in a thrift store business on Baseline Street, stated that this whole issue boils down to big business vs. small business, with selective enforcement. Mayor Valles explained the reasons for the City's position regarding outdoor advertising displays and the cluttered look the City is trying to avoid in its fight against blight. She stated that the Mayor and Council are very supportive of small businesses, and they would certainly do everything they could to help them. She requested staff from her office to set up a meeting between City staff and the Baseline Business Association to resolve this issue. 32 6/21/99 PUBLIC COMMENTS - JEFF DE FlLLIPES (46) Jeff De Fillipes, 1538 North Waterman Avenue, San Bernardino, CA, stated he would like to see the city of San Bernardino the way it was when he grew up here. PUBLIC COMMENTS - LAURA BREMER (46) Laura Bremer, President of the Humane Society, stated that the current method of "catch them and kill them" used by the City is no longer a viable alternative for dealing with the City's animal population. She described a program currently being used in San Francisco and being considered by several other cities, in which the cities are committing to adopt all adoptable animals within five years. She stated the five- year time line is significant, as there is a $220 million grant fund available for communities who are willing, within five years, to make the commitment that they will adopt all adoptable animals. She added that this goal is achieved by spaying and neutering animals as they come from the shelter--and this will be law come January I. Ms. Bremer requested three things from the Council: 1) That the Council not increase the fees for owner turned-in animals and for owner requested euthanasia; 2) More field officers; and 3) Creation of a task force. PUBLIC COMMENTS - DAN WALKER (46) Dan Walker, 1695 Pacific Avenue, San Bernardino, CA, proposed that the former San Bernardino County Hospital be used as a Trade School Industrial Park in order to bring industry to San Bernardino in a massivc way. PUBLIC COMMENTS - ROBERT NEVES (46) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, complimented the Mayor on the community updates she conducts on Channel 3 prior to the Council meetings. He also spoke regarding some of the slurry seal projects on Mt. Vernon A venue and questioned the long-term use of this slurry seal method and the lack of mandated curb ramps in this area. He expressed concern regarding the difference in plans for residential areas versus commercial areas insofar as driveways and curb cuts are concerned. ANNOUNCEMENT - CITY ATTORNEY PENMAN (4) City Attorney Penman addressed the issue brought forth by many of the speakers during public comments regarding the "99-Cent Stores" and the enforcement that is currently taking place. He stated that both the Baseline Area Business Association and the Highland Avenue Business Association, as well as a number of other merchants throughout the city, have demanded (hat the City begin to enforce Title 19 and Chapter 5.22 - Outdoor Sales and Displays. He acknowledged that it seems to 33 6/21/99 boil down to a case of most of the merchants in town versus the 99-Cent Stores. Mr. Penman advised that the City is not picking on the 99-Cent Stores per se, but any business that has outdoor signs, any business that has merchandise located in public rights-of-way, any business that has merchandise displayed in more than 10 percent of their parking spaces is going to be cited. He stated that the enforcement program will pick up this summer; that the City is getting tough at enforcing these codes at the request of many businesses and the public in general. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 3:31 p.m., the Mayor and Common Coun~il and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a). Darrel E. Hess vs. Citv of San Bernardino - Workers Compensation Appeals Board Case No. SBR 284319; San Bernardino County Superior Court Case No. SCV 55561; EEOC Case No. 340990279; Department of Fair Employment & Housing Case No. E9899J051800 RV; Stubblefield Construction Companv. et al. vs. Citv of San Bernardino, et i!L. - Fourth District Court of Appeal Case No. E020341; Williams vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 33078. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b)(l); (2); (3)(A-F) of Government Code Section 54956.9. 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. 34 6/21/99 E. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: Tract No. 11261 City of San Bernardino. Lots 6-13; 27-42; Tract No. 13822 (Arrow Vista) Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Ernest Vincent, Century Homes Under Negotiation: Purchase terms and conditions F. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat 10 the public's right of access to public services or public facilities pursuant to Government Code Section 54957. G. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Public Employees Association - General Employees San Bernardino Public Employees Association - Middle Management Employees CLOSED SESSION At 3:31 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Also present: Economic Development Agency Special Counsel Sabo. Development Director Winkler, and Executive Director Van Osdel. 35 6/21/99 DEPUTY CITY ATTORNEY EASLAND ARRIVED At 3 :55 p.m., Deputy City Attorney Easland arrived at the closed session. DIRECTOR OF HUMAN RESOURCES RA YA ARRIVED At 3:55 p.m., Director of Human Resources Raya arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO, DEVELOPMENT DIRECTOR WINKLER & EXECUTIVE DIRECTOR V AN OSDEL EXCUSED At 3:55 p.m., Economic Development Agency Special Counsel Sabo, Development Director Winkler, and Executive Director Van Osdel left the closed session. CLOSED SESSION/MEETING ADJOURNED (47) At 4:21 p.m.. the closed session adjourned; and the joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to 4:00 p.m., Wednesday, June 23, 1999, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk byJ~ E. /r4J Linda E. Hartzel Deputy City Clerk No. of Items: 47 No. of Hours: 7.5 36 6/21/99