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HomeMy WebLinkAbout09-20-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 20, 1999 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:04 a.m., Monday, September 20, 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 Lien, McGinnis, Schnetz, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Miller. Vacant: Fifth Ward. RECESS MEETING - CLOSED SESSION in the meeting, pages 16-17 & 30-31) (Discussed later (1) At 8:04 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 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. I 9/20/99 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Negotiations: San Bernardino Public Employees Association - General Employees G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:04 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 Lien, McGinnis, Schnetz, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Miller. Vacant: Fifth Ward. Also Present: Senior Deputy City Attorneys Carlyle, Simmons; Director of Human Resources Raya. COUNCIL MEMBERS ESTRADA & MILLER ARRIVED At 8: 10 a.m., Council Members Estrada and Miller arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Szendrodi 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 Council and Community Development Commission were in closed seSSlOn. DIRECTOR OF HUMAN RESOURCES RAYA EXCUSED At 8: 16 a.m., Director of Human Resources Raya left the closed seSSlOn. 2 9/20/99 ADJOURNED CLOSED SESSION At 8:52 a.m., the closed seSSlOn adjourned to 9:00 a.m., m the Council Chambers of City Hall. RECONVENE MEETING At 9:04 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: Council Member Miller. Vacant: Fifth Ward. INVOCATION The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. COUNCIL MEMBER MILLER RETURNED At 9:06 a.m., Council Member Miller returned to the Council Meeting and took her place at the Council table. APPOINTMENTS - CIVIL SERVICE BOARD - MAYOR VALLES (2) Mayor Valles submitted a staff reported dated September 14, 1999, requesting the appointment of Juanita H, Scott to the Civil Service Board. Mayor Valles requested that the matter be continued to October 4, 1999. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Juanita H. Scott to the Civil Service Board be continued to the meeting of the Mayor and Common Council on October 4,1999. PRESENTATION TO THE CITY - AMERICAN FLAG (3) Marta Macias Brown, presented the City and the Economic Development Agency with an American Flag indicating it was a symbol of our country and a continuing reminder to residents of what has come before and what would come ahead, as well as our voting rights. Mrs. 3 9/20/99 Brown indicated this was the last official act to be completed on behalf of her late husband, Congressman George E. Brown, Jr. PROCLAMATION - HOPE FOR KIDS (3) Mayor Valles presented a proclamation entitled "Hope for Kids" to Dr. Belinda Towns, Regional Director, Ms. Helen Adams, Program Director, Ms. Aloka Begoore, Field Representative for Merek Pharmaceutical and Mr. Eric Stallworth, Administrator of International Churches of Christ, recognizing the Hope for Kids organization for their success in meeting the health and development needs of children in core communities. CERTIFICATE OF RECOGNITION - ARTURO MUNOZ (3) Mayor Valles presented Arturo Munoz, Street Division, Public Services Department, a Certificate of Recognition, for actions taken by him, which went "above and beyond the call of duty." Mr. Munoz administered CPR in an emergency situation CERTIFICATE OF ACHIEVEMENT - PUBLIC SERVICES DEPARTMENT (3) Mayor Valles presented a Certificate of Achievement from the California Integrated Waste Management Board to Lynn Merrill, Director of the Public Services Department, for exemplary performance and invaluable contribution by the City of San Bernardino for successfully implementing programs necessary to achieve the first waste diversion milestone established by AB939 - "50 percent by 2000" statewide waste reduction mandate. 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 DEPARTMENT YEARS OF SERVICE Elveida Taylor Helen Mielke Richard Aspril Jacinto (Jack) Banuelos Mary Alvord Barbara Lee City Clerk Code Compliance Development Services Development Services Finance Finance 10-year pin 5-year pin 10-year pin 5-year pin 20-year pin 15-year pin 4 9/20/99 NAME DEPARTMENT Michelle Parra Millicent Price Donna Rice Linda Carter Finance Library Library Parks Recreation & Community Services Parks Recreation & Community Services Police Department Police Department Police Department Police Department Police Department Police Department Public Services Public Services Ann Kassel-Wilkes Nancy Clark Robert Evans James Hamlin Patrick Pritchett Ramon Rocha III Roxana Velasco Gregory Gonzales Daniel Hernandez YEARS OF SERVICE 5-year pin 10-year pin 5-year pin 10-year pin 10-year pin 25-year pin 30-year pin 15-year pin 10-year pin 15-year pin 15-year pin 40-year pin 40-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - JUDI PENMAN, EXECUTIVE DIRECTOR OF CHAMBER OF COMMERCE (4) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, 546 W. 6th Street, San Bernardino, California, announced the opening of two new businesses in San Bernardino - the Tobacco Shack (grand opening September 21, 1999) and Scrooges $1 Store (grand opening October 14, 1999). Mrs. Penman indicated that Yabba Dabba Doo Day, sponsored by the San Bernardino Symphony, IS October 2, 1999 from 2:30 p.m. to 5:30 p.m. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien indicated that Evelyn Wilson, President of the Perris Hill Association, was hospitalized at St. Bernadine's Medical Center if anyone wished to send a card or flowers. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada thanked the hundreds of volunteers who worked on the Route 66 Rendezvous@ and acknowledged the sponsors. In particular, she thanked Stater Bros. for their wonderful handouts and The Sun for their excellent coverage of the event. Council Member Estrada thanked Joe Rodriguez of Supervisor Eaves' Office for an 5 9/20/99 outstanding job and all employees and volunteers for an excellent cleanup job before and after the event. Council Member Estrada congratulated the City Librarian, indicating that she had been to the California Room of the Feldheym Library to examine some documents. The Librarian in charge of the California Room oversees the safekeeping of those documents. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis indicated he had a wonderful time at the Route 66 Rendezvous@ and thanked all the people who worked on the event. He was impressed with the cleanup after the event. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated he had a wonderful time at the Route 66 Rendezvous@ and thanked all the vendors and volunteers who participated. Council Member Schnetz announced that Pacific High School Class of '74 will have its 25-year reunion at the Elks Lodge this weekend. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that next Saturday will be a busy day in the Sixth Ward and listed a schedule of events occurring: (1) Delfest at Delmann Heights; (2) Community Involvement Day at the Elks Club on Mount Vernon; (3) Empowerment Day at Anne Shirrells Park; (4) Walkathon entitled "Walking for your Health." Council Member Anderson announced that she was unable to return a call to a citizen, Florence Edwards, due to a telephone glitch and requested Ms. Edwards get in touch with her again. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller congratulated the Police Department on the low crime rate in San Bernardino. Council Member Miller stated that the Youth Accountability Board needs volunteers. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles congratulated Chief Dean and the Police Department on the low crime rate indicating this is the fourth year in a row that crime is down. Mayor Valles thanked the hundreds of volunteers 6 9/20/99 participating in the cleanup of San Bernardino, prior to the Route 66 Rendezvous@, as well as afterwards. Mayor Valles stated there were over 400,000 people at the event. Mayor Valles indicated there were only seven arrests during the four-day event and stated San Bernardino should be proud of everything accomplished. Mayor Valles congratulated the San Bernardino winning the State Championship against San Jose 2-1. recognized at a future meeting. Stampede on They will be Mayor Valles announced renewed interest in the Sister City Program. She will be meeting with the Mayor of Mexicali and a delegation that will be accompanying him, this weekend. Next month, the City will have the honor of welcoming a delegation from our Sister City in Tachikawa, Japan to celebrate the 40th anniversary of our association between Tachikawa and San Bernardino. Mayor Valles announced the City of San Bernardino is adopting a "Zero Tolerance" stance against graffiti in our City. Those caught will be arrested for the crime of vandalism. The Mayor has worked continuously with the Police Department and the City Attorney's Office to support their efforts, but much work still must be done. The Mayor was approached by business and neighborhood associations to join with them and SCAT (Safe Community Action Team) to take a hard stand on graffiti and get to the root of the problem - the offenders - and address graffiti for what it is - Vandalism - and it is a Crime. She will announce details of the program shortly. Mayor Valles announced that she shared her vision for the City at the recent employee forums, indicating that the City's employees go beyond the call of duty. ANNOUNCEMENTS - FRED WILSON (4) City Administrator Fred Wilson introduced Ray Casey, the new City Engineer. City Administrator Fred Wilson indicated the Business Climate Survey has been completed and recommendations will be developed. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the 7 9/20/99 resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (6) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: May 17, 1999; June 16, 1999. CLAIMS & PAYROLL (7) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 31, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member McGinnis made a motion, seconded by Council Member Anderson and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated September 14, 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. RES. 1999-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION...DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT THIRTY-SIXTH STREET IS A THROUGH HIGHWAY FROM "E" STREET TO WATERMAN AVENUE EXCEPT AT "D" STREET, ARROWHEAD AVENUE, MOUNTAIN VIEW AVENUE AND SIERRA WAY. (9) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-231 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis. Schnetz, Anderson, Miller. Nays: None. Vacant: Fifth Ward. 8 9/20/99 DETERMINE - PUBLIC CONVENIENCE OR NECESSITY - TYPE 41 LIQUOR LICENSE PARKWAY HOTEL RESTAURANT - 2000 WEST OSTREMS WAY IN THE CG-1 DISTRICT. (10) Michael Hays, Director of Development Services, submitted a staff report dated June 24, 1999, requesting that a letter be sent to the Department of Alcoholic Beverage Control for a Type 41 (On-Sale Beer & Wine - Eating Place) License for the Parkway Hotel Restaurant located at 2000 West Ostrems Way, subject to the Planning Division and Police Department Conditions of Approval. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, 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 41 (On Sale Beer & Wine - Eating Place) License for the Parkway Hotel Restaurant located at 2000 West Ostrems Way, subject to the Planning Division and Police Department Conditions of Approval, listed in the staff report dated, June 24, 1999, from Michael E. Hays, Director of Development Services. RES. 1999-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ODER THE VACATION OF A PORTION OF BELLEVIEW STREET, BETWEEN RANCHO AVENUE AND PENNSYLVANIA AVENUE AND RESERVING PUBLIC UTILITY EASEMENTS AND AN EASEMENT FOR EGRESS AND INGRESS. (12) RES. 1999-233 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT TO HOLLAND LOWE CONSTRUCTION, INC., FOR REHABILITATION OF PAVEMENT ON HIGHLAND AVENUE - ROUTE 259 TO WATERMAN AVENUE PER PLAN 9969. (13) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-232 and 1999-233 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. 9 9/20/99 RES. 1999-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING: 1.) THE AWARD OF A PURCHASE ORDER (UPON THE CITY SECURING FINANCING) TO PIERCE MANUFACTURING FOR ONE (1) NEW, 1,500 GPM TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $281,880; AND 2.) THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE QUOTES UNDER EXISTING MASTER LEASE AGREEMENTS AND TO AWARD A LEASE PURCHASE AGREEMENT TO THE LOWEST RESPONSIBLE LEASE COMPANY. (14) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted, and That the Director of Finance be authorized to amend the FY 1999-2000 Budget to 1) increase the Fire Department's budget by $48,000 (001- 202-5803) to reflect the annual lease payment for this pumper; and 2) increase General Fund revenues by $48,000 (001-000-4670) to reflect the CDBG reimbursement to be received by the City. The motion carried, and Resolution No. 1999-234 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING THE PROVISIONS OF SECTION 414 (H) (2) OF THE INTERNAL REVENUE CODE FOR LOCAL FIRE & POLICE MEMBERS. (15A) RES. 1999-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENT TO AMEND THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY OF SAN BERNARDINO TO IMPLEMENT THE PROVISIONS OF SECTION 414 (H) (2) OF THE INTERNAL REVENUE CODE. (15B) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-235 and 1999-236 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. ALsent: None. Vacant: Fifth Ward. 10 9/20/99 RES. 1999-237 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER. (16) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-237 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGirmis, Anderson, Miller. Nays: None. Abstain: Council Member Schneti. Absent: None. Vacant: Fifth Ward. RES. 1999-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ADMINISTER FEDERAL GRANTS TO CONTINUE THE HEADSTARTjPRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER AND TO EXECUTE THE AGREEMENTS FOR DELEGATION OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO PRESCHOOL SERVICES DEPARTMENT. (Discussed later in the meeting - page 24) (17) City Attorney Penman requested that Item #17 be heard later in the meeting. Mr. Penman indicated that the resolution would be changed to reflect that the Mayor of the City of San Bernardino and not the Director of Parks, Recreation & Community Services Department is the authorized official to sign the contract. It was the consensus of the Mayor and Council to consider this matter later in the meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN CITY OWNED REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF KENDALL DRIVE AND UNIVERSITY PARKWAY IN SAID CITY AND ESTABLISHING A FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR SAID PROPERTY. (Discussed later in the meeting, pages 22-23) (11) 11 9/20/99 City Attorney Penman requested that this item be discussed later in the meeting. Mr. Penman indicated that he has requested the Real Property Specialist from Development Services to give a more detailed explanation of the legal description of the property. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that this matter be continued to the afternoon. PUBLIC HEARING - CONSIDER CHANGES - ALARM FEE NON-PERMITTED USES. (18) Mayor Valles opened the hearing. A staff report submitted by City Clerk Clark indicated that due to the Labor Day Holiday, specific publication dates for publishing the Notice of Public Hearing relative to proposed changes to the alarm fee for non-permitted uses were not met and, therefore, it would be necessary to continue the public hearing on this matter to the Mayor and Common Council meeting of October 4, 1999. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, to continue the public hearing to the meeting of the Mayor and Common Council on October 4, 1999. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MILLENNIUM CELEBRATION FIREWORKS. First (Discussed later in the meeting - pages 24-25) (19) Fire Chief Larry Pitzer submitted a staff report dated September 20, 1999, relative to the proposed revision of ordinances that would allow sales and discharge of fireworks for the millennium celebrations (Sales: 9:00 a.m., December 28, 1999, until 8:00 p.m., December 31, 1999 - Discharge: 9:00 a.m., December 28, 1999, until 12:00 Noon, January 1, 2000.) City Administrator Wilson indicated that a state law was passed allowing cities to permit the sale and discharge of fireworks for millennium celebrations (Sales: 9:00 a.m., December 28, 1999, until 8:00 p.m., December 31, 1999 - Discharge: 9:00 a.m., December 28, 1999, until 12:00 Noon, January 1, 2000.) Mr. Wilson indicated that this matter was referred to Legislative Review Committee. One of the 12 9/20/99 concerns identified by the Legislative Review Committee was cleanup. He has had discussions with the representative of American Promotional Events and they have indicated that they will clean up the designated hot spots of firework debris. Council Member Miller questioned whether additional cleanup sites, which would be identified, would be added to the list and indicated that Perris Hill should be on the list. City Administrator Wilson indicated that as many sites as possible would be cleaned up in addition to the twenty sites identified. Council Member Lien inquired about the posting of a bond. City Administrator Wilson invited John Kelly, Vice President of American Promotional Events, to step forward and address the issue. John Kelly, Vice President of American Promotional Events, 14111 Freeway Drive, Ste. 200, Santa Fe Springs, California, indicated that he could only speak on behalf of American Promotional Events, but indicated that during the Fourth of July Holiday, 34-35 stands operated. Community organizations assisted in the cleanup. He anticipates the numbers at this event to be about one-half of those on the Fourth of July. Mr. Kelly indicated that American Promotional Events has worked with the City in the past and will work with them again in this venture. Council Member Schnetz stated he received many complaints during the Fourth of July celebration regarding cleanup and discussed this at Legislative Review Committee. All areas he was contacted about were in the Fourth Ward and in illegal areas. He indicated that the Police Department would have their hands full that evening and the Fire Department will be on call for any problems that might occur from Y2K. He stated he would like to delete Section 8.60.160 A, B, C, D & E, on page 6 of this ordinance. Council Member Schnetz made a motion, seconded by Council Member Lien that the cleanup portion of this ordinance with regard to the overall cleanup, Section 8.60.160 A, B, C, D & E be deleted. (Note: No Vote was taken.) Council Member Lien requested a map be added to the ordinance. Council Member Estrada stated that many cities are taking advantage of having fireworks on New Year's Eve. Fireworks could be bought in other cities in the general area. This is a chance for non- profits to make a bit of money, as they provide a tremendous service to 13 9/20/99 the City. Council Member Estrada felt that by not allowing this ordinance to pass, it would unfairly impact the citizens, as well as deprive the non- profits of the ability to make additional money. Council Member McGinnis requested that a map of the hazardous areas be added to the ordinance. He stated this is a one-time celebration and he has no problem with the ordinance, He also feels it may be an alternative to the use of guns. City Administrator Fred Wilson stated that Mr. Kelly has indicated that his firm would be willing to post a cleanup deposit and we can work out an agreed amount before the second reading of the ordinance. Council Member Miller requested that this matter be brought back again, later in the meeting. Council Member Anderson made a substitute motion, seconded by Council Member Lien, that this item be continued to 2:00 p.m. The motion carried by the following vote: Ayes: Estrada, Lien, McGinnis, Anderson, Miller. Nays: Schnetz. Absent: None. Vacant: Fifth Ward. Council Members Council Member REPORT - STUDY TO CLOSE BROADMOOR BOULEVARD AT 30TH STREET. (Continued from September 7, 1999) (Discussed later in the meeting - pages 20-22) (22) Michael E. Hays, Director of Development Services, submitted a staff report dated August 11, 1999 regarding the study to close Broadmoor Boulevard at 30th Street. This item was continued from the September 7, 1999 meeting of the Mayor and Common Council. Mayor Valles received a request that this item be heard in the afternoon session of the meeting so that additional public comments could be received. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that Agenda Item #22 be heard in the afternoon session of the meeting. 14 9/20/99 MC-I0SS ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF. Ure:encv (Continued from September 7, 1999) (Discussed later in the meeting - pages 16-17) (20) City Attorney Penman submitted a staff report, dated September 14, 1999, providing background for the ordinance, citing the case of Haas v. County of San Bernardino, 69 Cal. App 4th 1019. The ordinance will provide a second level of appeal revIew by a duly constituted, independent body, i.e., the Planning Commission. City Attorney Penman indicated the Urgency Ordinance requires five votes. Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be adopted. The motion failed by the following vote: Estrada, McGinnis, Anderson, Miller. Nays: Schnetz. Absent: None. Vacant: Fifth Ward. Ayes: Council Members Council Members Lien, Later in the meeting (pages 16-17) Council Members Lien and Schnetz announced they would change their vote on Agenda Item 20 to a "yes" and the motion passed by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT. First (Continued from September 7, 1999) (Discussed later in the meeting - pages 16-17) (21) City Attorney Penman indicated that this is the same identical ordinance as Agenda Item #20. This is the regular ordinance and it only takes four yes votes. Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption. The motion carried by the following \'ote: Ayes: Council Members Estrada, McGinnis, Anderson, Miller. Nays: Council Members Lien, Schnetz. Absent: None. Vacant: Fifth Ward. 15 9/20/99 City Attorney Penman appealed to Council Members Schnetz and Lien - their votes were recorded in opposition on Item #20 - asking them to consider changing their votes so the City is not left bare without an appeal process between now and the time the ordinance, just passed, takes effect. City Attorney Penman indicated we would go into closed seSSiOn under the possibility of potential litigation. Council Member Estrada requested a closed seSSIon on Agenda Item #20. City Attorney Penman indicated the legal ramifications of not passing Agenda Item #20 would be discussed in closed session. RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting, page 1-2 & 30-31) (1) At 10:39 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session to discuss the following: Pursuant to Government Code Sections: 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 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. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 16 9/20/99 Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Negotiations: San Bernardino Public Employees Association - General Employees G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada Lien, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Fifth Ward. Also present was Senior Assistant City Attorney Carlyle. RECONVENE MEETING At 11:05 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Vacant: Fifth Ward Also present: Senior Assistant City Attorney Carlyle. Council Member Schnetz stated that in the interest of keeping the City protected under its appeal process, he was changing his vote to a "yes" vote on Agenda Item #20, but it would remain "no" on Agenda Item #21 (Note: On Agenda Item #21, Council Member Schnetz, in fact, voted to abstain.) (See page 15) Council Member Lien stated that she would change her vote on Agenda Item #20 to a "yes," but it would remain "no" on Agenda Item #21. (See page 15) PUBLIC HEARING - AN ORDINANCE AMENDING THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ADULT BUSINESS (24A) 17 9/20/99 City Attorney Penman submitted a staff report, dated September 14, 1999, providing background for the ordinance, citing the case of Haas v. County of San Bernardino, 69 Cal. App 4th 1019. The ordinance will provide a second level of appeal review by a duly constituted, independent body, i.e., the Planning Commission. Mayor Valles opened the hearing. No public comments were received. City Attorney Penman requested the matter be continued to October 4, 1999. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2j(A) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO ADULT BUSINESSES. First (Continued from September 7, 1999) (24AI Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the matter be continued to October 4, 1999. RES. 1999-239 - RESOLUTION OF' THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT NUMBER 3-98-00-0226A AND AWARDING CONTRACT TO NEC BCS, INC., FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED CALL DISTRIBUTION SYSTEM WITH RELATED HARDWARE AND SOFTWARE. (Continued from September 7, 1999) (23) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 1999-2000 Budget (as outlined in the staff report) to reflect the $68,659 cost of the automated call distribution system in the Telephone Fund, and to reflect the reimbursement to be received from the using departments: Water Department ($44,248), the Refuse Division ($21,709) and Code Compliance ($2,702). The motion carried and Resolution No. 1999-239 was adopted by the following vote: Ayes: Council Member Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. 18 9/20/99 RES. 1999-240 - RESOLUTION OF' THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ACCEPTANCE OF A SCHOOL TO CAREER GRANT FUNDED BY THE FEDERAL GOVERNMENT AND ADMINISTERED THROUGH THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, FOR THE FOLLOWING PROJECT: A CABLE TELEVISION SERIES UTILIZING HIGH SCHOOL AND ROP STUDENTS IN ALL FACETS OF PRODUCTION. (Continued from September 7, 1999) (24) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-240 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RECESS MEETING At 11:11 a.m., Mayor Valles recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:03 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, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Vacant: Fifth Ward. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark advised the viewing audience that the election to fill the vacancy for the 42nd congressional seat is scheduled for Tuesday, September 21, 1999. City Clerk Clark advised that October 4, 1999, is the deadline to register to vote in the November 2, 1999 election. City Clerk Clark advised that on October 6, 1999, an election would be held for the Northwest PAC. The election will take place at the Public Enterprise Center on Highland Avenue. 19 9/20/99 REPORT - STUDY TO CLOSE BROADMOOR BOULEVARD AT 30TH STREET. (Continued from September 7, 1999) (Discussed earlier in the meeting - page 14) (22) MAYOR VALLES EXCUSED At 2:04 p.m., Mayor Valles left the Council meeting due to a conflict on Agenda Item #22 and Mayor Pro Tem Anderson assumed the duties of the Mayor. COUNCIL MEMBER LIEN RETURNED At 2:07 p.m., Council Member Lien returned to the Council Meeting and took her place at the Council table. John H. Craig, Ph.D., California State University San Bernardino, 5500 University Parkway, San Bernardino, California, stated that both he and his mother live in the designated area and they are both in opposition to the closure of Broadmoor Boulevard at 30th Street. Development Services Director Michael Hays stated that in the previous Council Meeting, Council requested additional information on three items - accident data, a Development Code issue and costs of public improvements. In the past three years, there has been only one accident at Broadmoor and 30th. With regard to the Development Code, the issue to be clarified was whether the closure was in violation of the development code and if the Planning Commission had authority. This issue was discussed with City Attorney staff, and it was determined the development code issue does not apply, it would be the Council's decision to close off Broadmoor. Cost of improvements - are estimated between $40,000 to $50,000 to remove and install the necessary public improvements for the center section, as well as utility issues, at a substantial cost to residents. Mr. Hays indicated that Resolution No. 95-219, the procedure to follow for closure of roads and city streets, states that if the Council wishes to close same, that the affected residents will pay the estimated cost of the improvements or they may petition council to establish an assessment district. COUNCIL MEMBER MILLER EXCUSED At 2: 15 p.m., Council Member Miller left the Council meeting due to a possible conflict. City Attorney Penman stated that a petItIOn is required to be prepared by the Traffic Engineer and it lists four items that are included in the petition, namely, a drawing showing location of the street closure 20 9/20/99 and the area affected by the street closure; at least 85% of the affected citizens have to sign the petition. The report then goes to the Mayor and Council upon verification that the petition has been signed by 85% of the affected citizens. He indicated that this has not been done and consequently this is a premature situation. City Attorney Penman suggested they go back to the Traffic Engineer to comply with the procedures established within the resolution. Council Member Lien expressed concern that the correct procedure was not followed. City Attorney Penman indicated that the Traffic Engineer, when drawing up the petition, would have to show the location of the proposed street closure and the area that will be affected by it. That will be determined by the Traffic Engineer. He will then prepare a statement describing the reasons for the requested street closure and a statement acknowledging that affected citizens will be required to pay all the costs for construction of improvements to close thc street. Then a preliminary estimate of the cost of the closure is prepared. These matters must be determined by the Traffic Engineer. CITY ATTORNEY PENMAN, CITY ADMINISTRATOR WILSON, CITY CLERK CLARK EXCUSED At 2:38 p.m., City Attorney Penman, City Administrator Wilson and City Clerk Clark left the Council Meeting. The following individuals spoke m opposition to the proposed closure of Broadmoor and 30th Street: Roger Fowler, 3083 Broadmoor, San Bernardino Diane Thompson, 3083 Broadmoor Boulevard, San Bernardino Richard Lemanski, 3355 Broadmoor, San Bernardino Larry Veres, 3184 N. Broodmoor, San Bernardino, California, indicated he has lived on Broadmoor for fiftecn years and he has been hit while riding a bike on Broadmoor. He is in favor of the closure and looks at the problem on Broadmoor as a problem of the entire area. He feels the traffic situation is dangerous and not consistent with a residential area. MAYOR VALLES, COUNCIL MEMBER MILLER, CITY ATTORNEY PENMAN, CITY ADMINISTRATOR WILSON, CITY CLERK CLARK RETURNED At 2:40 p.m., Mayor Valles, Council Member Miller, City Attorney Penman, City Administrator Wilson and City Clerk Clark returned to the Council Meeting. 21 9/20/99 Council Member Schnetz made a motion, seconded by Council Member McGinnis, that the matter be tabled. The motion carried by the following vote: Ayes: Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: Miller. Absent: None. Vacant: Fifth Ward. Council Member None. Abstain: City Attorney Penman indicated that anything that is tabled can be taken up again at any time. City Attorney Penman repeated the procedure to have a petition for street closure initiated. Development Director Hays apologized to the residents and Council for the present situation and indicated his department will follow the appropriate procedure and make sure it is done correctly. Everyone who is affected will be properly noticed. Mayor Valles advised the viewing audience that a petition can be circulated by citizens. However, citizens have to follow the policy established by the resolution. RES. 1999-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN CITY OWNED REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF KENDALL DRIVE AND UNIVERSITY PARKWAY IN SAID CITY AND ESTABLISHING A FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR SAID PROPERTY. (Discussed earlier in the meeting pages 11-12) (11) City Attorney Penman stated that the report speaks to the sale of City-owned property. The actual property at that location is owned by the City rather than the Water Department. Les Fogassy, Real Property Official. indicated that this was incorrect. There is a small piece owned by the City and the rest of it is owned by the Water Department. He stated that it's part of the sale - roughly 10,000 square feet. Initially, the Water Department thought it was their land also and included it in the sale. But this was clarified - the little corner belongs to the City and not the Water Department. By itself the piece is worthless and it was thought we should include it as part of the sale. 22 9/20/99 Discussion ensued as to the ownership of the land and the value of same. City Attorney Penman requested that someone from the Water Department be summoned to the Council meeting. Council Member Schnetz stated that looking at the corner of the 10,000 square foot lot - its highest and best use, as the report indicates, is commercial. Plotting it together into one large piece would make more or better value. Development Director Hays indicated that the Water Department owns one parcel and the City owns the other and combining the two would make it more marketable. Bernie Kersey, General Manager of the Water Department indicated that the property is owned by the City. Council Member Schnetz made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 1999-241 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Vacant: None. Absent: None. Vacant: Fifth Ward. SAN BERNARDINO & REDLANDS YMCA MERGER (NBl) Council Member Lien stated that an issue arose after the agenda was posted regarding the merger of the San Bernardino and Redlands YMCA and she wished to place this on the agenda. Council Member Miller made a motion, seconded by Council Member Anderson and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Lien indicated the Uptown YMCA at Perris Hill Park has always been a non-profit that has operated in the black. Most of the financial problems that are causing the merger are related to the Downtown YMCA's indebtedness. Council Member Lien requested that a resolution be drafted in support of investigating the feasibility of the Uptown YMCA remaining a separate entity and then presenting this before the Boards of the San Bernardino and Redlands' YMCA. This is not an effort to oppose the merger, but to investigate the feasibility of the Uptown YMCA remaining a separate entity. 23 9/20/99 Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that a resolution be drafted in support of investigating the feasibility of the Uptown YMCA remaining a separate entity. Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, 546 W. 6th Street, San Bernardino, California, stated that during the vote for the merger, she did not vote. She indicated that San Bernardino would lose a lot of presence with this merger. She indicated that the branch on Highland Avenue would remain open. The downtown facility will be put up for sale. RES. 1999-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE THE AGREEMENTS FOR DELEGATION OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO PRESCHOOL SERVICES DEPARTMENT AND AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ADMINISTER FEDERAL GRANTS TO CONTINUE THE HEADSTART jPRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER. (Discussed earlier in the meeting - page 11) (17) Earlier in the meeting, City Attorney Penman requested that this agenda item be reconsidered in the afternoon session due to a change in the wording of the title of the resolution. Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 1999-238 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Abstain: Schnetz. Absent: None. Vacant: Fifth Ward. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MILLENNIUM CELEBRATION FIREWORKS. (Discussed earlier in the meeting - pages 12-14) First (19) John Kelly of American Promotional Events, 14111 Freeway Drive, Ste. 200, Santa Fe Springs, California, indicated he would commit to a bond of $5,000, but added that American Promotional Events would like to have control over the cleanup project. With respect to cleanup 24 9/20/99 provided by non-profits, Mr. Kelley indicated he would employ them and pay them for work provided, accordingly. Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption, with the stipulation that American Promotional Events would post a $5,000 cleanup deposit. The motion carried by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson, Miller. Nays: Council Members Lien, Schnetz. Absent: None. Vacant: Fifth Ward. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 3: 17 p.m., City Attorney Penman and City Administrator Wilson left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY CARLYLE, ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO & ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL ARRIVE. At 3: 19 p.m., Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo and Economic Development Agency Executive Director Van Osdel arrived at the Council meeting. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Vacant: Fifth Ward. RES. CDC/1999-34 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ACCEPTING THE PRELIMINARY PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R25) Council Member Schnetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. CDC /1999-34 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. 25 9/20/99 PUBLIC HEARING - AREA COMMITTEE PROJECT AREA. CALL FOR FORMATION - PROJECT - 40TH STREET REDEVELOPMENT (R-26) Economic Development Agency Executive Director Van Osdel submitted a staff report, dated September 8, 1999, wherein he outlines the Preliminary Plan for the 40th Street Redevelopment Project Area. Mayor Valles opened the hearing. There were no public comments. RES. 1999-242 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE PROPOSED ADOPTION OF THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT AREA AND CALLING FOR THE FORMATION OF A PROJECT AREA COMMITTEE. (R26) Council Member Anderson questioned the cost of this project and the cost of supporting the committee. Economic Development Agency Executive Director Van Osdel indicated that the money would probably come from tax increment generated by that project area much the same as the money that we give the Northwest PAC. Economic Development Agency Special Counsel Sabo explained that no one could predict what will happen after the plan is adopted. He believes that it seems unlikely that the PAC would go beyond the formation stage, but this can't be determined with certainty at this point. But funding should be coming from that particular project area for ongoing expenses. Council Member Schnetz stated that this PAC is limited geographically, as compared to the Mt. Vernon and Northwest PAC and he does not foresee any major problems. The law has changed since the Northwest and Mt. Vernon Project Areas were formed. The law requires that whenever a project area has condemnation rights, specifically on residential properties, we have to have a PAC. That is all we are doing, as obligated under AB1290. In the bylaws or organizing documents there is nothing that says the Agency is going to be paying money to the PAC for administrative costs. The formation of the original PAC was 26 9/20/99 approved by this body in March 1999 and costs, not to exceed $150,000, were already included in the original budget. Council Member Miller 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. 1999-242 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None.. Vacant: Fifth Ward. RES. CDC/1999-35 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 2 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-009 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.2. (R27) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC /1999-35 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:34 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE AGREEMENT WITH THE NATIONAL ORANGE SHOW PERTAINING TO THE LEASE OF AGENCY OWNED PROPERTY AT ARROWHEAD AVENUE AND ORANGE SHOW ROAD IN A FORM AND CONTENT AS PREPARED BY AGENCY SPECIAL COUNSEL. (R28) Economic Development Agency Executive Director Van Osdel submitted a staff report dated September 15, 1999 and apologized for not having the agreement prepared. This is a request from the National 27 9/20/99 Orange Show to use property owned by the Redevelopment Agency on a temporary basis primarily for an event they will have on October 2. They are expecting 25,000 to 30,000 people. It's an all day concert and they expect there may be overflow parking requirements. They would commit to preparing the site for parking and be responsible for the lighting, etc. Corey Oakley, Chief Executive Officer of the National Orange Show, 689 South "E" Street, San Bernardino, indicated it would be their plan to level and not bring in any foreign material to the proposed overflow parking area. He indicated he will need 10,000 parking spaces and could probably get 4,000 or 5,000 parking spaces on that land. City Attorney Penman indicated that the City has an ordinance that prohibits parking on an unimproved surface and cars parked there will be cited. The Council cannot waive the Municipal Code except by amendment and that takes two readings, the signature of the Mayor, plus thirty days. Leveling it off is not considered an improved surface. Gil Navarro, 985 W. Kendall Drive, San Bernardino, California 92405 indicated his support of the project as the City needs the revenue it will generate. Mr. Oakley indicated that he has attempted to obtain as many parking spots as possible. He stated he has a lease agreement with the Stampede. He also indicated that he wants to create the least amount of impact and that he was unaware of the ordinance. RECESS MEETING At 3:50 p.m., Mayor Valles declared a ] 5-minute recess. RECONVENE MEETING At 4: 11 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 Lien, McGinnis, Schnetz, Anderson; City Attorney Penman, Economic Development Agency Special Counsel, Economic Development Agency Executive Director Van Osdel, and City Clerk Clark. Absent: Council Members Estrada, Miller. Vacant: Fifth Ward. 28 9/20/99 Mayor Valles indicated to Mr. Oakley that Council would try to assist Mr. Oakley in any way they could in locating other sites for additional parking spaces. The Mayor indicated that the Council regrets they are unable to help him at this time. COUNCIL MEMBER MILLER ARRIVED At 4: 13 p.m., Council Member Miller arrived at the Council meeting and took her place at the Council table. Council Member Schnetz made a motion, seconded by Council Member Anderson, that the matter be tabled. The motion carried with the following vote: Ayes: Lien, McGinnis, Schnetz, Anderson, Miller. Nays: Council Member Estrada. Vacant: None. Council Members None. Absent: COUNCIL MEMBER ESTRADA ARRIVED At 4:23 p.m., Council Member Estrada arrived at the Council meeting and took her place at the Council table. COUNCIL MEMBER LIEN EXCUSED At 4:23 p.m., Council Member Lien left the Council meeting. PUBLIC COMMENTS - GIL NAVARRO (29) Gil Navarro, 985 W. Kendall Drive, San Bernardino, California. Mr. Navarro spoke to test scores in our schools, indicating they are low. There are different programs involving career moves and he would like to come back and work with the City and work with youth in these programs. PUBLIC COMMENTS - JUDI PENMAN (29) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce thanked the Mayor on her "Zero Tolerance" toward vandalism. SCAT has been researching this for several months and has received support from several judges. She would like to invite everyone to the Chamber meeting on October 5 -"Together we can and we'll just do it." PUBLIC COMMENTS - JAY LINDBERG (29) Jay Lindberg, 6340 Orange Knoll, San Bernardino, California. Mr. Lindberg spoke about an alleged cover-up into the death of Mr. Wells and distributed a handout to Council outlining the facts he has uncovered. 29 9/20/99 PUBLIC COMMENTS - JEFF DeFILLIPES (29) Jeff DeFillipes, 1538 N. Waterman Avenue, San Bernardino, California, requested more police presence in the area of 16th Street and Waterman Avenue. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting, Pages 1-2 & 16-17) ( 1) At 4:23 p.m., the Mayor and Common Council recessed to closed session for the following: CLOSED SESSION At 4:23 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, Anderson, Miller. Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: Council Member Lien. Vacant: Fifth Ward. Pursuant to Government Code Sections: 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 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: 30 9/20/99 Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Negotiations: San Bernardino Public Employees Association - General Employees G. Conference with real property negotiator Government Code Section 54956.8. pursuant to ADJOURN CLOSE SESSION/MEETING At 4:43 p.m., the meeting adjourned to Wednesday, September 29, 1999, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The next regular meeting of the Mayor and Common Council and Community Development Commission will be held on Monday, October 4, 1999, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By: :M.. Cathleen M. Szen rodi Deputy City Clerk No. of Items: 31 No. of Hours: 7 hours 31 9/20/99