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HomeMy WebLinkAbout10-04-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 4, 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: 10 a.m., Monday, October 4, 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, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Vacant: Fifth Ward. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting, pages 24-25) (1) At 8:10 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Everett J. Wilson, Jr., Deceased, Juanita J. Wilson vs. City of San Bernardino - Workers' Compensation Case No. SBR 0264564; Patricia Angiollilo vs. Mobile Home Board - San Bernardino Superior Court Case No. SCV 51401; State of California, et al. ex reI. vs. Bank of America - San Francisco Superior Court Case No. 968484. 1 10/4/1999 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1); (2); (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator Government Code Section 54956.8. pursuant to Property Address: 303 West 3rd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and J. Kevin Brunk of 303 West 3rd LLC. Under Negotiations: Purchase terms and conditions CLOSED SESSION At 8:10 a.m., Mayor Valles called the closed session to order m 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Vacant: Fifth Ward. Also present: Senior Assistant City Attorney Carlyle, Senior Assistant City Attorney Simmons, Deputy City Attorney Empeno, Deputy City Attorney Easland, Director of Human Resources Raya. 2 10/4/1999 COUNCIL MEMBER LIEN ARRIVED At 8: 12 a.m., Council Member Lien 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 session. HUMAN RESOURCES DIRECTOR RAYA EXCUSED At 8:23 a.m., Human Resources Director Raya left the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 8:27 a.m., Deputy City Attorney Easland left the closed session. DEVELOPMENT SERVICES DIRECTOR HAYS ARRIVED At 8:28 a.m., Development Services Director Hays arrived at the closed seSSlOn. CITY CLERK CLARK EXCUSED At 8:47 a.m., City Clerk Rachel Clark left the closed session. COUNCIL MEMBER LIEN EXCUSED At 8:49 a.m., Council Member Lien left the closed session. DEVELOPMENT SERVICES DIRECTOR HAYS EXCUSED At 8:52 a.m., Development Services Director Hays left the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:56 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 8:57 a.m., the closed session adjourned to 9:00 a.m. m the Council Chambers of City Hall. RECONVENE MEETING At 9:07 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, Miller, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Vacant: Fifth Ward. 3 10/4/1999 INVOCATION The invocation was given by Sister Marita Beumer of St. Bernardine's Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENT - CIVIL SERVICE BOARD - JUANITA H. SCOTT (Continued from September 20, 1999) (2A) Mayor Valles submitted a staff report dated September 14, 1999, recommending the appointment of Dr. Juanita H. Scott to the Civil Service Board. Council Member McGinnis made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Juanita H. Scott to the Civil Service Board, as requested by Mayor Valles, be approved. COUNCIL MEMBER LIEN RETURNED At 9: 14 a.m., Council Member Lien returned to the Council meeting and took her place at the Council table. CITY ATTORNEY PENMAN EXCUSED At 9:15 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PRESENTATION - FIRE CHIEF LARRY PITZER (3) Steve Henthorn, Executive Director of the San Bernardino Convention and Visitors Bureau, made an award presentation to Fire Chief Larry Pitzer for his department's participation in the Route 66 Rendezvous@. Mr. Henthorn thanked the Mayor and Council Members and all those who participated in organizing the Rendezvous@, for another successful event. PROCLAMATION - RIDESHARE WEEK - OCTOBER 4-8, 1999 (3) Mayor Valles presented a proclamation to Teri Baker, Administrative Analyst in the City Administrator's Office, designating the Week of October 4-8, 1999, Rideshare Week. ANNOUNCEMENTS-JUDIPENMAN (4) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, 546 West 6th Street, San Bernardino, reported on two grand 4 10/4/1999 openings - Scrooges $1 Store - grand opening October 14, 1999, and Ernies E Street Grill - grand opening - November 1, 1999. She discussed the two City Council Election Forums to be held in the City Council Chambers scheduled for Tuesday, October 12 (the Third, Fifth and Sixth Wards) and Wednesday, October 13 (Seventh Ward). She reminded everyone that October 16 is the Walk to Cure Juvenile Diabetes at Glen Helen Regional Park, starting at 8:30 a.m. In the afternoon, the Inland Empire Symphony will be presenting A Portrait of Scotland at the California Theatre. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis discussed the grand opening this Wednesday, 7:00 p.m. to 9:00 p.m., of a new dance club - The New West Gotham Night Club (a Batman-type theme), combining Country Western and Pop Rock Music. The club will have a separate room for each band. The club is located next to Family Fitness Center. Council Members McGinnis reminded everyone to register to vote for the November 2, 1999 election. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien indicated that contracts have been signed between the City, the County and HUD, to begin the neighborhood improvement project. She is recruiting volunteers who would like to participate on an advisory council that is being formed. Those interested and who live in the project area, (between 13th Street and 18th Street and Sierra Way and "D" Street), should call Council Member Lien's office. ANNOUNCEMENTS - COUNCIL MEMBERS ANDERSON (4) Council Member Anderson encouraged everyone to register to vote. She reminded the citizens of the Sixth Ward that a candidates' forum for the Northwest PAC was being held tonight, October 4, at 7:00 p.m., at the Public Enterprise Center and reminded everyone in the NWPAC area to vote on Wednesday October 6, at the Enterprise Center. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS Council Member McGinnis reminded everyone that there are two elections in November - the general election on November 2 - and also, the 42nd Congressional race on November 16. 5 10/4/1999 ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles discussed the Water Project, indicating it is on schedule and the Joint Powers Authority has approved a concept and identified the initial phase of the project. The public is invited to participate with their input and should feel free to contact anyone of the members of the Authority. Mayor Valles indicated that San Bernardino, for the first time, was the host City for the State of the Inland Empire Conference held at the Radisson Hotel on September 22. The event was sold out, drawing over 800 people from both Riverside and San Bernardino Counties. Mayor Valles attended the Tenth Annual Black Rose Awards on September 24, and congratulated the 1999 Black Rose Awardees - Robert Hampton, Dorothy Inghram, Ever James, and Carolyn Annette Tillman. The Juanita H. Scott 1999 Humanitarian of the Year Award was given to both Roylestine Bowman and Elizabeth Wilson. Mayor Valles attended the League of Women Voters Movers and Shakers Awards on September 26. Twenty-four Movers and Shakers in the community received Citizen of Achievement Awards. Mayor Valles discussed the Charter Review Committee indicating the committee members have been working diligently to prepare their recommendations for Charter reform. She indIcated they will be coordinating with the League of Women Voters to produce a video explaining charter reform and the progress that has been made to date, with information on public participation, as well as future forums. Mayor Valles commended the San Bernardino Symphony for its successful It's a Yabba-Dabba-Doo Day in San Bernardino. She indicated she was pleased to see so many families there, with the children thoroughly enjoying the event. ANNOUNCEMENTS - CITY CLERK CLARK (41 City Clerk Clark reminded voters that today, October 4, was the last day to register to vote for the November 2, 1999 election. She indicated that City Clerk staff would be available in the lobby of City Hall, until 9:00 p.m., tonight, to assist anyone with registration. Application forms are also available at all City Libraries, Fire Stations and the Registrar or Voters Office. City Clerk Clark reminded citizens who live in the Northwest PAC area, of the candidate forum scheduled for tonight, October 4, at the Public Enterprise 6 10/4/1999 Center, and the election of PAC Members on Wednesday, October 6, starting at 7:00 a.m. and concluding at 8:00 p.m. ' City Clerk Clark indicated that during the last few days citizens would be receiving their sample ballots for the November 2 election. The sample ballot includes an application for an absentee ballot, to be utilized if you wish to vote early, or if you should be out of town. City Clerk Clark reminded everyone in the Fifth Ward that they must vote twice for their Council Member - first, to fill the vacant seat left by the late Jerry Devlin (short term), and secondly, to fill the vacant Council seat for the next four years (long term). WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller 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/Community Development Commission, be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten from: August 16, 1999. CLAIMS & PAYROLL (7) Council Member Miller 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 September 20, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated September 29, 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. AUTHORIZE CONTRACT CHANGE ORDER - WIDENING OF KENDALL DRIVE BRIDGE AT CABLE CREEK CHANNEL - AUTHORIZE BUDGET TRANSFER - $30.000 - PLAN NO. 9728 - BONADIMAN-MCCAIN, INC. (11) 7 10/4/1999 Development Services Director Michael E. Hays, submitted a report outlining his request for a change order and budget transfer. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the transfer of $30,000 from Account No. 129-367-5504-7154 (Pavement rehabilitation - Northpark Boulevard, University Parkway to Little Mountain Drive) to Account No. 129-367-5504- 7068 (Widening of Kendall Drive Bridge at Cable Creek Channel), be approved; and that Contract Change Order Nos. 2 and 6 to the contract with Bonadiman- McCain, Inc., for placement of an additional 320 cubic yards of structural backfill material, and compensation for unsuitable soils discovered on site, for a total cost of $21,422.50; increasing the contract price from $364,677.31 to $386,099.81, be approved. RES. 1999-243 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE INTERNAL RESTRUCTURING OF COMCAST CABLEVISION. (20) RES. 1999-244 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM CHARLES W. JENKINS AND BETTY J. JENKINS FOR PROPERTY LOCATED AT 1335 GARNER AVENUE, SAN BERNARDINO, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (21) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-243 and 1999-244 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. APPROVE PLANS - AUTHORIZE ADVERTISEMENT FOR BIDS - PHASE VIII SLURRY SEAL - AREAS "F," "G," AND "MOO - PLAN NO. 9996 (9) Development Director Michael E. Hays submitted a staff report dated September 20, 1999, requesting approval of Plan No. 9996 for slurry sealing of various streets, Phase VIII, Areas "F," G," and "Moo and that the Director of Development Services be authorized to advertise for bids. Council Member Lien inquired if the County would be responsible for any portion of the road improvements (Section "G," east of Waterman below 16th Street) because of the County islands. 8 1 0/4/1999 \ Development Services Director Hays indicated that if any major repairs are done, the County would assume some responsibility; however, this portion is a City project. He also indicated he would coordinate with Public Services and make every attempt to install curbs on Canyon Road. Council Member Lien made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve Plan No. 9996 for slurry sealing of various streets, Phase VIII, Areas "F," "G," and "M;" and that the Director of Development Services be authorized to advertise for bids. RES. 1999-245 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT TO NEW WEST SIGNAL FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF RICHARDSON STREET AND SAN BERNARDINO AVENUE PER PLAN NO. 9938. (10) Council Member Estrada pointed out this is a project that has been needed for a long time and thanked Development Director Hays for addressing it. Discussion ensued regarding allocation of montes from vanous funds. Mayor Valles indicated that projects are prioritized in the Capital Improvement Program. If monies are not fully used, then they can be carried over to other projects. Council Member Estrada made a motion, seconded by Council Member Lien that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 1999-2000 budget and appropriate $33,000 from undesignated fund balance in Fund 129 (1/2 Cent Sales Tax) to cover the cost of sidewalk construction for this project. The motion carried and Resolution No. 1999-245 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Miller. Nays: Council Member Anderson. Absent: None. Vacant: Fifth Ward. AUTHORIZE TRANSFER OF FUNDS - DESIGN & MODIFICATION OF EXISTING TRAFFIC SIGNAL - INTERSECTION OF CALIFORNIA STREET & BASE LINE STREET - $85,900. (12) Development Director Hays submitted a staff report dated September 20, 1999, wherein he requests a transfer of $85,900 from Account No. 129-367- 9 10/4/1999 5504- 7060 to fund modification of an existing traffic signal at the intersection of California Street and Base Line Street. Norm Johnson, President of 4th Street Rock Crusher, and who resides at 616 E. Fairmont, San Bernardino. Mr. Johnson complimented staff on working with the school district regarding the traffic signal and thanked Council for the funds allocated for the signal. Mr. Johnson gave a brief history of the State Street Extension Project and the lack of funding for same. Development Director Hays stated that the City needs to construct State Street and it is a priority, but funding is still a problem. He indicated that construction on State Street would begin shortly. Design of the route is 90% complete. Council Member Schnetz inquired as to how much money the City had spent to date designing State Street; where was the money coming from, and how much more would we spend to construct State Street. Development Services Director Hays indicated the City has paid $1 million to an outside firm to do the design work, which is nearly complete. He believed the $1 million came from the 1/2<1: sales tax. He stated he does not know how much the total cost would be, but estimates between $3 and $5 million. He indicated that staff is actively working on the funding. Mark Perez, Facility Planning Manager, San Bernardino Unified School District, 777 North "F" Street, San Bernardino, complimented Development Services Director Hays and his staff. He requested a 30-day extension on this item. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to November 1, 1999. PUBLIC HEARING - CONSIDER CHANGES IN ALARM FEE -NON- PERMITTED USES. (Continued from September 20, 1999) (22) Chief of Police Lee Dean submitted a report dated September 2, 1999, requesting Council to consider a fee schedule for invoicing non-permitted alarm users for the first and all subsequent false alarms. The Legislative Review Committee suggested amending Resolution 99-173 to include charging non- permitted alarm users for false alarm responses, beginning at the first and subsequent false alarms, and recommended that the fee resolution amendment be referred to Council. Mayor Valles opened the hearing. 10 10/4/1999 Bob Neves, 2348 Sterling, #439, San Bernardino, requested clarification on the cost of an average false alarm. Captain Billdt indicated that the first false alarm is $50.00 and numbers two through seven go to $100. RES. 1999-246 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 1999-173 TO ESTABLISH CERTAIN FEES FOR SERVICES FURNISHED BY THE CITY OF SAN BERNARDINO TO INCLUDE INVOICING NON- PERMITTED ALARM USERS FOR ALL FALSE ALARM EVENTS.(22) Council Member Schnetz made a motion seconded by Council Member Anderson, that the hearing be closed, and that said resolution be adopted. The motion carried and Resolution No. 1999-246 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-247 RESOLUTION OF THE CITY BERNARDINO ADOPTING THE FIVE-YEAR IMPROVEMENT PROGRAM (1999-04) FOR MEASURE EXPENDITURES. OF SAN CAPITAL "I" LOCAL (13) Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 1999-247 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. None. Vacant: Fifth Ward. Ayes: Nays: AUTHORIZE DEPARTMENT - AUGUST 1,1999. ESTABLISHMENT OF RANGES P-1, P-2, P-3, SALARIES FIRE & P-4 - EFFECTIVE (14) Human Resources Director Raya submitted a report dated September 24, 1999, outlining his request, as well as his September 30, 1999 memorandum to the Mayor and Common Council concerning Charter Section 186. Council Member Lien stated that she pulled Agenda Item Nos. 14, 15, 16 and 17 because she wanted to strongly encourage the safety unions to come forward to discuss Section 186 during the Charter Reform. Council Member Lien does not think that population is a rationale for salaries. 11 10/4/1999 Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), P-4 (Fire Investigator and Captain) be established, effective August 1, 1999, as outlined in the attached staff report, dated September 24, 1999, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and, that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1999-2000 budget to transfer $486,800 from the General Government budget (001-092- 5011) to the Fire Department budget in the General Fund. AUTHORIZE ESTABLISHMENT OF SALARIES FIRE DEPARTMENT - RANGES P-5, P-6 & P-7 - FIRE MARSHAL & TRAINING OFFICER, - EFFECTIVE AUGUST 1,1999. (15) Human Resources Director Raya submitted a staff report dated September 24, 1999, requesting the establishment of salaries for Fire Department Ranges P-5, P-6 and P-7, Fire Marshall and Training Officer, effective August 1, 1999. Council Member Lien made a motion. carried by Council Member Anderson, and unanimously carried that the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), P-7 (Fire Chief), Fire Marshal and Training Officer be established, effective August 1, 1999, as outlined in the attached staff report dated September 24, 1999, from Ed Raya, Director of Human Resources; and, that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1999-2000 budget to transfer $63,200 from the General Government budget (001-092-5011) to the Fire Department budget in the General Fund. AUTHORIZE ESTABLISHMENT OF SALARIES POLICE DEPARTMENT - RANGES P-1, P-2, P-3 & LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1, 1999. (16) Human Resources Director Raya submitted a staff report dated September 16, 1999, to establish salaries for Police Department ranges P-1, P- 2, P-3 and Law Enforcement Trainee, effective August 1,1999. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 1999, as outlined in the attached staff report, dated September 16, 1999, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and, that the Mayor and Common Council 12 10/4/1999 authorize the Director of Finance to amend the Fiscal Year 1999-2000 budget to transfer $755,100 from the General Government budget (001-092-5011) to the Police Department budget in the General Fund. AUTHORIZE ESTABLISHMENT OF SALARIES DEPARTMENT - RANGES P-4, P-5, P.6 & P-7 - AUGUST 1,1999. POLICE EFFECTIVE (17) Human Resources Director Raya submitted a report dated September 16, 1999, requesting the establishment of salaries for Police Department ranges P- 4, P-5, P-6 and P-7, effective August 1, 1999. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the salaries for Police Department Ranges P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police) and P-7 (Chief of Police) be established effective August 1, 1999, as outlined in the attached staff report dated September 16, 1999, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and, that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1999-2000 budget to transfer $73,200 from General Government Budget (001-092-5011) to the Police Department budget in the General Fund. RES. 1999-248 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO ACCEPT FISCAL YEAR 1990/00 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM AWARD FROM THE U.S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE (BJA) ON BEHALF OF THE POLICE DEPARTMENT FOR LAW ENFORCEMENT SUPPORT EXPENDITURES. ACCEPTANCE IS CONTINGENT UPON THE AVAILABILITY OF FUNDING FOR THE REQUIRED 10% CASH MATCH. (18) Captain Curtis of the Police Department, discussed the Omnibus Fiscal Year 99 Appropriations Act and the funds available to units of local government and the City of San Bernardino's eligibility to file an application to accept federal funding in the amount of $865,531, to finance projects qualifying for one or more of the seven approved program purpose areas. Council requested updates on the grants, their duration and the final result when they expire. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. 13 10/4/1999 Resolution No. 1999-248 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. None. Vacant: Fifth Ward. Ayes: Nays: SET PUBLIC HEARING - MONDAY, NOVEMBER 1, 1999, AT 10:00 A.M. - 1999 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT (19) Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m., on Monday, November 1, 1999, to ratify the expenditure of the awarded Citizens' Option for Public Safety (COPS) 1999 funding. RECEIVE & FILE - SEMI-ANNUAL UPDATE - CITY'S GOALS & ACTION PLANS (23) City Administrator Fred Wilson submitted a staff report dated September 24, 1999, updating Council with a Semi-Annual Progress Report on the City's goals and action plans and responded to questions on same. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Semi-Annual Update of the City's Goals and Action Plans be received and filed. CITY ATTORNEY PENMAN EXCUSED At 10:38 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Deputy City Attorney Carlyle. RESULTS OF THE CITY'S BUSINESS CLIMATE SURVEY (24) City Administrator Wilson submitted a staff report dated September 24, 1999, outlining the results of the City's Business Climate Survey. Professor Lee Hanson, Institute for Applied Research and Policy Analysis at California State University, San Bernardino, presented a slide presentation and responded to Council's questions regarding the survey. COUNCIL MEMBER MILLER EXCUSED At 10:51 a.m., Council Member Miller left the Council meeting. Council Member Anderson made a motion, seconded by Council Member Lien, that the results of the City's Business Climate Survey be received and filed. 14 10/4/1999 The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. Bob Neves, 2348 Sterling, #439, San Bernardino. Mr. Neves discussed a medical supply house "New Solutions," located in Orange County. COUNCIL MEMBER MILLER RETURNS At 10:54 a.m., Council Member Miller returned to the Council meeting and took her place at the Council table. SENIOR DEPUTY CITY ATTORNEY CARLYLE EXCUSED At 10:54 a.m., Senior Deputy City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RECESS MEETING At 10:56 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 11 :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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Fifth Ward. APPEAL HEARING - CONDITIONAL USE PERMIT NO. 99-07 - MODIFICATION OF CONDITIONAL USE PERMIT NO. 97-17 - 206 SOUTH "D" STREET - ALLEN PROPERTY. (Continued from September 7, 1999.) (30) Mayor Valles opened the hearing. Development Services Director Michael E. Hays submitted a staff report dated August 24, 1999, regarding an appeal of the Planning Commission's denial of Conditional Use Permit No. 99-07, a modification to Conditional Use Permit 97-17. The site is located at 206 South "D" Street within the IL, Industrial Light land use district. City Attorney Penman announced that a settlement had been reached during closed session. 15 10/4/1999 Council Member Estrada made a motion. seconded by Council Member Anderson, and unanimously carried, that the matter be tabled. John Jensen, 444 Athol Street, San Bernardino. Mr. Jensen indicated he owns the property directly across the street from the Allen property. He discussed the complaints filed against the Allens in the past. Mr. Jensen indicated that the Allens do not comply with what they agree to do and he was curious as to what the settlement entailed. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 99- 06 - ORDINANCE AMENDING THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ADULT BUSINESSES. (Continued from September 20, 1999) (31) City Attorney Penman submitted a staff report dated September 30, 1999, regarding a Development Code Amendment No. 99-06, amending Section 19.06.030(2)(A) of the SBMC (Development Code) relating to adult businesses, indicating that this was a City-initiated request and that the Planning Commission had given its approval of this amendment. Mayor Valles opening the hearing No public comments were received. City Attorney Penman indicated that proper notice was given to all interested parties. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2(A)) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO ADULT BUSINESSES. First (31) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed, and that said ordinance be laid over for final adoption. ORD. MC-I059 - ORDINANCE OF THE CITY BERNARDINO AMENDING SECTION 5.14.120 OF BERNARDINO MUNICIPAL CODE RELATING TO INVOLVING ENTERTAINMENT-DANCES AND ENTERTAINMENT. Fina~ OF SAN THE SAN APPEALS AD UL T (25) Council Member Anderson made a motion, seconded by Council Member Miller, that said ordinance be adopted. 16 10/4/1999 Ordinance No. MC-1059 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson, Miller. Nays: Council Members Lien, Schnetz. Absent: None. Vacant: Fifth Ward. RES. 1999-249 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AMENDING RESOLUTION 1999- 210 TO ALLOW 120 DAYS FOR EXECUTION OF THE AGREEMENT WITH THE CITY OF INGLEWOOD FOR PARKING CITATION PROCESSING SERVICES. (26) Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-249 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Sclmetz, Anderson, Miller. Nays: None. 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 Final (27) Fire Chief Pitzer indicated that this was the proposed revision of ordinances that would allow sales and discharge of fireworks for the millennium celebration. Council Member Schnetz stated that he could not support the ordinance and would be voting no. Council Member Lien indicated she would be voting no, too, but was happy that a $5,000 bond would be posted. Council Member Miller indicated that she couldn't vote yes for this ordinance, as it would evolve into a three-day celebration. City Attorney Penman indicated his office has taken no position on this ordinance and that the current ordinance for the Fourth of July celebration does allow for fireworks to be used at the time they are sold. The ordinance before the Council now would correct some problems in the old ordinance. City Attorney Penman indicated that if the present ordinance is voted down, he would like to bring it back to cure the problems in the current ordinance. Council Member Estrada made a motion. seconded by Council Member McGinnis, that said ordinance be adopted. 17 10/4/1999 The motion failed by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson. Nays: Council Members Lien, Schnetz, Miller. Absent: None. Vacant: Fifth Ward. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A CONTRACT WITH THE SAN MANUEL BAND OF MISSION INDIANS TO PROVIDE FIRE PROTECTION SERVICES TO THEIR TRIBAL LANDS. (28) Note: No resolution was submitted with the backup material and, therefore, will not be available for reference. City Administrator Wilson requested that the matter be continued to the Mayor and Council Meeting of October 18, 1999 meeting, as the City has not heard back from the San Manuel Band of Mission Indians. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to October 18,1999. AUTHORIZE STAFF TO PROCEED - VACATE PORTION OF PUMALO STREET, EAST OF DEL ROSA AVENUE - APPROVE PLAN NO. 9992. (Continued from September 7, 1999.) (29) Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of Pumalo Street, east of Del Rosa Avenue; and that Plan No. 9992 showing the proposed vacation of a portion of Pumalo Street, east of Del Rosa Avenue, be approved. Note: City Clerk Clark indicated that the correct plan number in the second motion is Plan No. 9992 and not Plan No. 9991, as shown on the agenda. RECESS MEETING At 11:24 a.m., Mayor Valles recessed the meeting to the Management Information Center, Sixth Floor, City Hall, for a luncheon workshop. RECONVENE MEETING At 12:06 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission, in the Management Information Center, Sixth Floor, City Hall, San Bernardino, California. ROLL CALL 18 10/4/1999 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, Deputy City Attorney Empeno, City Clerk Clark. Absent: City Administrator Wilson. Vacant: Fifth Ward. LUNCHEON WORKSHOP - STADIUM SPORTS PARK (See 22-24) PROPOSED SAN BERNARDINO related Item No. R33, Pages 20, (R32) David Willis of Empire A/G Recreation, LLC, working with David Mylnarski and Jeff Kinsell of Kinsell & O'Neal, gave a presentation on the proposed creation of a sports complex on Redevelopment Agency land adjacent to the Stampede Stadium. The complex would include five softball fields, three enclosed arenas (for soccer and roller hockey), a concession facility and additional parking. Development cost is entirely dependent on public financing through a lease revenue bond issued by the City. No private equity capital is envisioned. Similar facilities are currently operating in Cathedral City, Poway, Lancaster and Upland. They are requesting an exclusive negotiating agreement with the Agency. No Action was taken on this item. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 12:12 p.m., Senior Assistant City Attorney Carlyle left the luncheon workshop. COUNCIL MEMBER MCGINNIS EXCUSED At 12:55 p.m., Council Members McGinnis left the luncheon workshop. ADJOURN LUNCHEON WORKSHOP At 1:01 p.m., the luncheon workshop adjourned to 2:00 p.m., m 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, Lien, McGinnis, Schnetz, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, Economic Development Agency Special Counsel Sabo, City Clerk Clark. Absent: None. Vacant: Fifth Ward. 19 10/4/1999 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 2:03 p.m., Mayor 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. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO ENTER INTO AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BY AND BETWEEN THE AGENCY AND EMPIRE A/G RECREATION, LLC. (Discussed earlier and later in the meeting, pages 19,22-24) (R33) Note: Resolution was not distributed and will not be available for reference. Economic Development Agency Executive Director Van Osdel indicated that the Redevelopment Committee had reviewed the proposed sports park development and recommended granting an exclusive right to negotiate. He discussed the proposed sports park and the exclusive negotiation period. It was indicated that copies of the agreement were not attached to the submitted report and it was the consensus of the Council to hear this matter later in the meeting, once copies of the agreement were available and Council had reviewed it. APPROVE APPROPRIATION - FROM AGENCY'S HOUSING FUND - FOR CITY'S UTILITY REBATE PROGRAM ASSIST LOW /MODERATE INCOME FAMILIES (R341 Economic Development Agency Executive Director Van Osdel indicated that the Redevelopment Committee recommended that this item be forwarded to the Community Development Commission for approval. The program provides sewer, water and refuse credits to eligible owner-occupied, single- family households who are at or below fifty percent of the City's median income. The average subsidy credit ranges between $4.65 to $13.05 per month. 20 10/4/1999 Council Member Anderson requested that staff produce a map pinpointing the areas where most of the recipients reside. She indicated that many of them are east of Interstate 215. She indicated that many citizens in her ward are not aware of the rebate program. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission approve an appropriation of $65,000 from the Agency's Housing Fund to assist very low income households with certain housing costs under the City's Utility Rebate Program. RES. CDC/1999-36 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AWARDING A PUBLIC WORKS CONTRACT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE CONSTRUCTION AND INSTALLATION OF THE CINEMASTAR PUBLIC STREET AND PUBLIC PARKING LOT NO. 1 IMPROVEMENTS. (R35) Economic Development Agency Executive Director Van Osdel indicated this is an award of a public works contract to Holland Lowe. Under the Disposition and Development Agreement, the City Agency is obligated to make certain improvements on "E" Street, such as providing access into the central plaza for fire apparatus, replacing broken sidewalk, curb and gutter, removing bus terminal shelters, etc. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. CDC/1999-36 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. PUBLIC COMMENTS - BOB NEVES (36) Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, distributed a letter regarding the northeast and northwest corners of Highland Avenue and Sterling Avenue and thanked the Council for reviewing his complaint. He also discussed a complaint regarding the abatement of shopping carts. PUBLIC COMMENTS - BILL THOMAS (36) Bill Thomas, 320 South "E" Street, San Bernardino, indicated that he owns and operates the Brandin Iron and stated he is in favor of the smoke-free workplace law. He indicated that the Brandin Iron has an outside patio for smokers. Mr. Thomas discussed the new bar and club opening (Gotham). Mr. 21 10/4/1999 Thomas stated that the Gotham would have smoking rooms. He feels that the public has accepted smoke-free facilities. Mayor Valles indicated that this matter would be referred to the City Attorney. PUBLIC COMMENTS - JAIME ALVAREZ (36) Jaime Alvarez, 201 North "E" Street, #202, San Bernardino, commented on the investigation into police corruption in Los Angeles. He distributed copies of voluntary statements made by Sandy and Sylvia Sanchez regarding abuse received from two detectives in the San Bernardino Police Department. PUBLIC COMMENTS - JESUS SEGOVIA (36) Jesus Segovia, 25313 E. 4th Street, San Bernardino, is concerned about children's safety at Monterey School. He indicated that the public does not heed the speed signs posted around the school. He stated that a child was hit by a car and is presently in a vegetative state. He wrote to the Mayor regarding this situation, but did not get a response. Mayor Valles stated that she would look into this matter immediately. PUBLIC COMMENTS - GIL NAVARRO (36) Gil Navarro, (no address given, indicated that he is concerned about the traffic situation at Monterey School. He requested that Council instruct Chief Dean to investigate whether signs are in place and speed limits are properly enforced. He requested that Council report back. PUBLIC COMMENTS - JAY LINDBERG Jay Lindberg, 634 Orange Knoll, San Bernardino, commented on police corruption in San Bernardino, indicating that Det. Rocha was the detective that investigated the homicide of Mr. Wells and he shoved it under the rug. He has tried to contact various City and State officials regarding the corruption of San Bernardino officials. RECESS MEETING At 2:35 p.m., Mayor Valles declared a recess to allow Council Members an opportunity to review the agreement with Empire A/G Recreation, LLC. (Discussed earlier in the meeting, page 19-20,22-24) (R33) 22 10/4/1999 RECONVENE MEETING At 2:45 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, Lien, McGinnis, Schnetz, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: None. Vacant: Fifth Ward. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO ENTER INTO AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BY AND BETWEEN THE AGENCY AND EMPIRE A/G RECREATION, LLC. (Discussed earlier in the meeting, pages 19-20,22) (R33) Senior Assistant City Attorney Carlyle directed Council's attention to the Agreement between the Agency and Empire A/G Recreation, LLC., and discussed possible changes in the language of the agreement. Discussion ensued regarding the changes and any financial impact. Economic Development Agency Executive Director Van Osdel apologized for not having the agreement to the Council in a timely fashion. Council Member Schnetz made a motion, seconded by Council Member Lien, to continue this matter to the Mayor and Council meeting of October 18, 1999. City Attorney Penman indicated that all Council would be doing is giving the developers the sole negotiating rights for a limited period of time (120 days) and that the City will negotiate in good faith, but reserve the right, at its sole discretion, to reject it. Council Member Lien removed her second. The motion failed for lack of a second. Council Member Estrada made a motion. seconded by Council Member Miller that said resolution be adopted. 23 10/4/1999 The motion failed by the following vote: Ayes: Council Members Estrada, Anderson, Miller. Nays: Council Members Lien, McGinnis, Schnetz. Absent: None. Vacant: Fifth Ward. Discussion ensued again regarding financial costs. Council Member McGinnis made a motion, seconded by Council Member Lien, to continue the matter to the Mayor and Council Meeting of October 18, 1999. The motion carried by the following vote: Ayes: Council Members, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: Council Member Estrada. Absent: None. Vacant: Fifth Ward. Discussion followed concerning whether an item could be continued after it was defeated by a previous motion. City Attorney Penman indicated that the Council has its own rules and does not follow Roberts Rules of Order and that an item could be continued after it has been defeated in a previous motion. It is at the Council's sole discretion. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting, pages 1-2) (1) At 3:05 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to discuss the following: Pursuant to Government Code Section(s): (1) A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Everett J. Wilson, Jr., Deceased, Juanita J. Wilson vs. Citv of San Bernardino - Workers' Compensation Case No. SBR 0264564; Patricia Angiollilo vs. Mobile Home Board - San Bernardino Superior Court Case No. SCV 51401; State of California, et al. ex reI. vs. Bank of America - San Francisco Superior Court Case No. 968484. 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. 24 10/4/1999 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator Government Code Section 54956.8. pursuant to Property Address: 303 West 3rd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and J. Kevin Brunk of 303 West 3rd LLC. Under Negotiations: Purchase terms and conditions CLOSED SESSION At 3:05 p.m., Mayor Valles called the closed seSSlOn to order m 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, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: Council Member Miller. Vacant: Fifth Ward. Also present: City Attorney Penman, City Administrator Wilson COUNCIL MEMBER MILLER ARRIVED At 3: 11 p.m., Council Member Miller arrived at closed session. COUNCIL MEMBER SCHNETZ & CITY ATTORNEY PENMAN EXCUSED At 3: 12 p.m., Council Member Schnetz and City Attorney Penman left the closed session. 25 10/4/1999 ADJOURNED CLOSED SESSION/MEETING (37) At 3:25 p.m., the closed session and joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned. The next regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for Monday, October 18, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BLT.L(h. !>0 ~,. fJ .-.e: Cathleen M. Szeh di Deputy City Clerk No. of Items: 37 No. of Hours: 6.5 26 10/4/1999