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HomeMy WebLinkAbout10-18-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING OCTOBER 18, 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 Pro Tern Miller at 8:12 a.m., Monday, October 18,1999, 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 Pro Tern Miller; Council Members Lien, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Members Estrada, Schnetz. Vacant: Fifth Ward. RECESS MEETING - CLOSED SESSION (1) At 8:12 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): Manta Management vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; City of San Bernardino vs. The Harris Co.. et al. - San Bernardino Superior Court Case No. SCVSS 60057. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to suhdivision (b)(1); (2); (3)(A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation litigation pursuant to subdivision (c) of Government 54956.9. ImtlatlOn of Code Section 1 10/18/99 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 10 the public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with labor negotiator pursuant to Government Code Section 54957.6. G. Conference with real property negotiator pursuant to Government Code Section 54956.8. At 8:12 a.m., Mayor Pro Tem Miller called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Miller; Council Members Lien, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Members Estrada, Schnetz. Vacant: Fifth Ward Also present: Senior Assistant City Attorney Carlyle, Paralegal Mitchell, and Legal Secretary Josie Soria, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 8:22 a.m., Council Member Schnetz arrived at the closed session. PARALEGAL MITCHELL EXCUSED & DIRECTOR OF HUMAN RESOURCES RAY A ARRIVED At 8:23 a.m., Paralegal Mitchell left the closed session and Director of Human Resources Raya arrived at the closed session. ADJOURN CLOSED SESSION At 8:25 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. 2 10/18/99 RECONVENE MEETING At 9:04 a.m., Mayor Pro Tem Miller reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Miller; Council Members Lien, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Member Estrada. Vacant: Fifth Ward. INVOCATION The invocation was given by Jorge Carlos, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Lien. APPOINTMENTS (2) There were no appointments made at this meetmg. PRESENTATION - STAMPEDE BASEBALL TEAM (3) Mayor Pro Tern Miller presented certificates of recognition to Donna Tuttle, co- owner of the Stampede baseball team; Greg Cozza, Director of Community Relations; and members of the team in recognition of winning the 1999 California League Championship Title. Mr. Cozza displayed the trophy awarded to the team, stating that it would be on display at various locations throughout the City so everyone could share in their victory. PROCLAMATION - OCTOBER 17-23, 1999 - SECOND CHANCE WEEK - OCTOBER 23,1999 - MAKE A DIFFERENCE DAY (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming the week of October 17-23, 1999, as Second Chance Week and October 23, 1999, as Make a Difference Day in the city of San Bernardino. ANNOUNCEMENTS - JUDI PENMAN (4) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, announced the following activities/new businesses in San Bernardino: The dedication of the new lobby at St. Bernardine's Medical Center at 4:30 p.m. on October 27, 1999; 3 10/18/99 The opening of Scrooge's $1 Store on October 28, 1999 -- located at 4160 East Highland Avenue, #E, Highland. The grand opening of Ernie's "E" Street Grill on November 1, 1999 -- located at 385 North "E" Street, San Bernardino. Red Ribbon activities to include a parade on October 23 and a breakfast at the National Orange Show on October 25. 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 Patricia Aston Patricio Sanchez Kenneth Boyd Sherry Bradbury Robert Coulter Consuelo Marquez Ron Schwenka Kimeng Sok-Vong Martin Estrada Bernice Klemm Joseph Martinez Daniel Thomas Rowland Willmarth Karin Alfter-Perrier Department Development Services Facilities Management Police Police Police Police Police Police Public Services Public Services Public Services Public Services Public Services San Bernardino Employment & Training Agency Years of Service 15-year pin 20-year pin 15-year pin 15-year pin 15-year pin 20-year pin 30-year pin 5-year pin 25-year pin 25-year pin 20-year pin 25-year pin 15-year pin 10-year pin Each employee received a service pin presented by Mayor Pro Tem Miller. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that the Sixth Ward would have a cleanup day on October 30, with the dumpsters located at Mt. Vernon and 16" Street. She also urged residents to vote in the two elections taking place in San Bernardino--the first on November 2, to elect various City officials, and the second on November 16, to fill the Congressional seat left vacant by the death of George E. Brown, J r. 4 10/18/99 ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien made the following announcements: 1) One hundred fifty volunteers painted nine houses in the Second Ward for Make a Difference Day; 2) The opening of the Arrowhead Regional Medical Center and the dedication of the old inter- faith chapel in memory of Gabrielle Mulvane; 3) The need for volunteers to participate in another Make a Difference Day event in the Second Ward--painting the house at the corner of Tenth Street and Arrowhead Avenue. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis expressed his appreciation to some of the other Council Members and City Administrator Wilson for their help and input during the recent League of California Cities Conference in San Jose, and advised it was very educational. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that there would be a meeting regarding the 40" Street Redevelopment Project Area on Thursday, October 21, at 6:30 p.m. at the Calvary Baptist Church, 3701 North Sierra Way, San Bernardino, to discuss the purpose and role of the Project Area Committee. ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mayor Pro Tern Miller made the following amlOuncements: The Mayor of our sister city, Tachikawa, Japan, will be heading a 34-person delegation coming to San Bernardino to observe the 40" anniversary of the sister cities affiliation between San Bernardino and Tachikawa. There will be a special ceremony at a special Council meeting to be held at 10:00 a.m. on Thursday, October 21; Volunteers are needed to help with the Make a Difference Day project taking place on Saturday, October 23. Volunteers are needed to serve as store clerks in the City's Second Chance Store, located in the Inland Center Mall, which will distribute clothing to local disadvantaged youth. Also needed are chaperones, story tellers. face painters, and arts and crafts assistants; There will be no free dump day for residents of San Bernardino during the month of October; however, residents are encouraged to take advantage of the County- wide Cleanup Day on Saturday, October 23. For more information call 1-800-722- 8004. 5 10/18/99 COUNCIL MEMBER ESTRADA ARRIVED At 9:37 a.m., Council Member Estrada arrived at the Council meeting and took her place at the Council table. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark re-emphasized the need to vote in the upcoming elections and pointed out that residents would be receiving two sample ballots (one for the November 2 election and another for the November 16 election). She thanked all those who participated in the Juvenile Diabetes Foundation "Walk for the Cure" the previous Saturday, and announced that anyone wishing to make a donation for the flood victims in our sister city of Villahermosa, Mexico, should call the City Clerk's Office. ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mrs. Miller announced that she had assumed the duties of Mayor Pro Tern because Mayor Valles had just returned from her trip to China and could not be at the meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Lien, 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. CLAIMS & PAYROLL (6) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 12, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the personnel action list as submitted by the Chief Examiner, dated October 12, 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. 6 10/18/99 RES. 1999-250 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTURE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 1999/00. (S) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolution be adopted; that the Mayor and Council approve direct funding in the amount of $4,300 and indirect funding in the amount of $15,877 to be transferred from the 1999/2000 Civic and Promotion Fund to various City departmental accounts as listed in the staff report from the City Administrator dated October 4, 1999; and that the Mayor and Council authorize a waiver of fees and use of City personnel and equipment to assist in the 1999/2000 Black History Week events scheduled for February 4-6, 2000. The motion carried, and Resolution No. 1999-250 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. CERTIFY ELECTION RESULTS NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE - OCTOBER 6, 1999 (10) City Clerk Clark submitted a staff report dated October 7, 1999, outlining the results of the Northwest Redevelopment Project Area Committee election held on October 6, 1999, and recommending certification by the Mayor and Common Council and Community Development Commission. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the Mayor and Common Council declare that the adopted procedures for the Northwest Redevelopment Project Area Committee election held on October 6, 1999, were followed, and further declare as official the results of the Northwest Redevelopment Project Area Committee election, as set forth in the Certificate of Election Results dated October 7, 1999, and accompanying Summary Report dated October 6, 1999; and that the Community Development Commission approve the Northwest Redevelopment Project Area Committee as elected on October 6, 1999. WAIVE - REQUIREMENT TO CONNECT TO SEWER SYSTEM - SEWER WAIVER NO. 99-02 - 4349 WEST MEYERS ROAD - JOHN & KIMBERLY TRAUT (11) 7 10/18/99 Michael E. Hays, Director of Development Services, submitted a staff report dated October 6, 1999, regarding a request for waiver of the requirement to connect to the City's sewer system for property located at 4349 West Meyers Road. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that Sewer Waiver Request No. 99-02, requesting waiver of the requirement to connect to the City's sewer system for property located at 4349 West Meyers Road, be approved. RES. 1999-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON FOR LABOR RELATIONS TRAINING SERVICES. (16) RES. 1999-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 1999-235 AND IMPLEMENTING THE PROVISIONS OF SECTION 414 (H) (2) OF THE INTERNAL REVENUE CODE FOR ALL LOCAL FIRE AND POLICE MEMBERS. (17A) RES. 1999-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 1999-236 AND AUTHORIZING THE CITY OF SAN BERNARDINO TO REPORT THE VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC) TO CALPERS AS ADDITIONAL COMPENSATION FOR ALL LOCAL FIRE AND POLICE MEMBERS. (17B) RES. 1999-254 - RESOLUTION OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO RUSH TRUCK CENTER FOR PETERBILT TRUCK PARTS AND MAINTENANCE SUPPORT TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (21) RES. 1999-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO BEAUMONT Y AMAHA/KA W ASAKI FOR MOTORCYCLE SERVICE AND MATERIALS TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT. (22) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. 8 10/18/99 Resolution Nos. 1999-251, 1999-252, 1999-253, 1999-254 and 1999-255 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. ORD. MC-1060 - 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. Final (9) Council Member Anderson made a motion. seconded by Council Member Estrada, that said ordinance be adopted. Ordinance No. MC-1060 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-229, ENTITLED "RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE LEASING OF PARKING SPACES IN PARKING DISTRICT LOTS" TO EXEMPT DISTRICT LOT NO.3 FROM LEASING LIMITS. (12) Note: No resolution was submitted with the backup material and, therefore, will not be available for reference. Council Member Lien expressed concern that this item had not gone before the Central City Parking Place Commission, and nothing was included in the backup to indicate they agreed with this proposal. She also noted that there was no discussion regarding the coming theater and the impact it would have on parking. City Administrator Wilson recommended that the item be continued for two weeks, since the Central City Parking Place Commission had not heard the item. Council Member Anderson made a Estrada, and unanimously carried, that the Council meeting of November 1, 1999. motion, seconded by Council Member matter be continued to the Mayor and 9 10/18/99 RES. 1999-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15114, LOCATED SOUTH OF HEMLOCK DRIVE AND NORTH OF PIEDMONT DRIVE, APPROXIMATELY 1,250 FEET EAST OF ARDEN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH THE TlME FOR PERFORMANCE SPECIFIED. (13) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-256 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF RIGHT OF WAY AGREEMENTS FOR THE ACQUISITION OF RIGHT OF WAY EASEMENTS FROM CERTAIN PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF HOSPITALITY LANE AND THE EAST SIDE OF WATERMAN AVENUE AND AUTHORIZING NEGOTIATED PAYMENTS FOR THE ACQUISITION OF SAID EASEMENTS. (14) Council Member McGinnis expressed concern that the City was agreeing to pay $1. 00 more per square foot than the appraised value. Director of Development Services Hays explained that if the City does not agree to what the owners are asking, the City would have to go through the condemnation process, which could ultimately end up costing even more money. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-257 was adopted by the following vote: Ayes: Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: Council McGinnis. Absent: None. Vacant: Fifth Ward. Council Member 10 10/18/99 RES. 1999-258 RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING SIGNATORY AUTHORITY FOR FEDERAL CAPITAL ASSISTANCE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) FUNDS TO RESTORE AND REHABILITATE THE SAN BERNARDINO SANTA FE DEPOT.(15) Council Member McGinnis voiced concern about spending so much money on the depot structure since the City has no tenants in mind to use the facility when the project is completed. Discussion ensued regarding the fact that the majority of the funds would come from federal funding, the services now being provided at the depot, the need to cleanup that entire area, and the fact that the actual agreement would need to come back to the Council for final approval. Council Member Anderson made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 1999-258 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: Council Member McGinnis. Absent: None. Vacant: Fifth Ward. PUBLIC HEARING - ORDER V ACA TION - PORTION OF BELLEVIEW STREET - BETWEEN RANCHO & PENNSYLVANIA AVENUES (23) Michael E. Hays, Director of Development Services, submitted a staff report dated September 28, 1999, regarding the proposed vacation of a portion of Belleview Street, between Rancho Avenue and Pennsylvania Avenue. Mayor Pro Tem Miller opened the hearing. Norman Johnson, owner of Fourth Street Rock Crusher, 1945 West Fourth Street, San Bernardino, CA, stated that he owns property in the area and this was the first he had heard of the proposed vacation. He stated that he would be opposed to this action until he had more information regarding the proposal. Les Fogassy, Real Property Official, Development Services, advised that the code does not dictate any notification; however, adjacent property owners were notified, notices were posted, and legal notices were published as required. City Attorney Penman suggested that the matter be continued to the next Council meeting to make sure that notices were sent to surrounding property owners. 11 10/18/99 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION OF BELLEVIEW STREET , BETWEEN RANCHO A VENUE AND PENNSYLVANIA A VENUE AND RESERVING PUBLIC UTILITY EASEMENTS AND AN EASEMENT FOR EGRESS AND INGRESS. (23) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November I, 1999. RES. 1999-259 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE AN ANNUAL PURCHASE ORDER TO ADAMSON INDUSTRIES IN THE AMOUNT NOT TO EXCEED $31,200.00 FOR AMMUNITION TO BE UTILIZED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. (18) Council Member Anderson made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-259 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND McNEILUS TRUCK AND MANUFACTURING COMPANY FOR THREE COMMERCIAL FRONT LOAD REFUSE COLLECTION TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT RATE QUOTES FOR LEASE-PURCHASE OF THE THREE TRUCKS. (19) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution No. 1999-260 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Vacant: Fifth Ward. Ayes: Council None. Absent: 12 10/18/99 RES. 1999-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND PARKHOUSE TIRE. INC., VIKING AUTO CENTER, AND 'Y' TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT TO BE UTILIZED BY THE FLEET DIVISION. (20) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-261 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. AMEND BUDGET OPERATION OF JOHNSON HALL COMMUNITY CENTER - DIRECT SAVINGS TO 1) MEMBERSHIP IN INLAND EMPIRE ECONOMIC PARTNERSHIP (IEEP); 2) ENHANCED PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT SERVICES RECLASSIFY RECREATION PROGRAM COORDINATOR TO RECREATION SUPERVISOR (24) City Administrator Wilson submitted a staff report dated October 12, 1999, regarding the San Bernardino County Housing Authority's assumption of operation of the Johnson Hall Community Center, 906 North Wilson, San Bernardino, and the budget amendment needed to direct the resulting savings toward payment of dues for membership in the Inland Empire Economic Partnership and enhanced Parks and Recreation services. Council Member Lien stated that even though the Inland Empire Economic Partnership is a good organization, without seeing some measurable goals of what the City could hope to get for their $25,000, she was not prepared to support the item at this time. Meredith Maloney, Director of Investor Relations for the Inland Empire Economic Partnership, 301 Vanderbilt Way, San Bernardino, stated that their organization does have an established marketing program which is reviewed and approved by the partners. 13 10/18/99 Council Members Estrada and McGinnis stated that they would like to see all of the money directed to the Parks, Recreation and Community Services Department. Discussion ensued regarding how the amount of dues is determined, and it was noted that the dues is figured on a formula of 25 cents per capita. Mayor Pro Tem Miller stated that she viewed this as an investment and voiced her support of membership in the Inland Empire Economic Partnership; however, she suggested continuing the matter to allow Mr. Wilson time to investigate funding sources. Council Member Miller made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 1, 1999. AUTHORIZE SALE - PORTION OF CITY PROPERTY (FELDHEYM LIBRARY PROPERTY) - VACATE PORTION OF EAST/WEST ALLEY - EAST OF "F" STREET, BETWEEN 5TH & 6TH STREETS - APPROVE PLAN NO. 10025 (27) Michael E. Hays, Director of Development Services, submitted a staff report dated October 6, 1999, regarding the sale of a portion of City property and vacation of a portion of the east/west alley located east of "F" Street, between 5" and 6'h Streets. Mr. Hays stated that the proposal is to sell a piece of City-owned property to St. Bernardine's Church and allow them to close it off for use as they choose. He added that said closure would eliminate two-way traffic; however, many other ways to access the library parking lot would still remain. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Development Services be authorized to proceed with the sale of a portion of City property located east of "F" Street, between 5" and 6'h Streets (portion of Feldheym Library property); that the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of that certain east/west alley located east of "F" Street, between 5'" and 6" Streets, and that Plan No. 10025 be approved; and that the request for waiver of processing fees in the amount of $1,000 be granted. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.95.050(C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS UNDER THE NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM. First (25) 14 10/18/99 City Attorney Penman explained that said ordinance would provide for a second level of appeal review by a duly constituted independent body, i.e., the Police Commission. This would be a cautionary measure in case the Supreme Court agrees with the Fourth District Court of Appeal regarding a hearing process that involves only one appeal in which the hearing officer is retained and paid for by the enforcing entity. Council Member Schnetz made a motion, seconded by Council Member McGinnis, and unanimously carried, that said ordinance be laid over for final adoption. DISCUSS - POSSIBLE ACTION - STATE STREET PROJECT - INCLUDING POSSIBLE FUNDING (26) Council Member Anderson submitted a staff report dated October 7, 1999, regarding discussion and possible adoption of a plan to provide funding for the State Street Project, along with a copy of a letter from H. Norman Johnson, Jr., President of Fourth Street Rock Crusher, wherein he outlines a proposal for privately financed design and construction of State Street from 16'" Street to the 5'" Street "cut-off" and identification of an appropriate reimbursement mechanism to eventually reimburse for the private design and construction financing. Submitted into the record was a memorandum from Raymond Casey, City Engineer, to Michael Hays, Development Services Director, dated October 14, 1999, regarding the State Street Project. Norman Johnson explained his proposal for constructing the extension of State Street. He stated that he was prompted to get involved when he learned that the school district was planning to use State Street to get to their new high school. He advised that his plan did not include building any bridges or installing any signals; and that in the future, whenever the City has the money to extend State Street, that he would be reimbursed for the cost. Council Member Anderson stated that she has been working on this project for a very long time and appealed to the other Council members to help the Sixth Ward get an arterial north/south roadway. City Attorney Penman stated that they might want to know whether Mr. Johnson wanted a date certain for reimbursement or a full faith effort. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that staff be directed to review and consider the feasibility of the proposal presented by Norman Johnson relative to State Street, including exploration of options for reimbursement. 15 10/18/99 AUTHORIZE - FORMATION OF ASSESSMENT DISTRICT - WATER & SEWER FEES - PER MUNICIPAL IMPROVEMENT ACT OF 1913 - TRACT NOS. 11261, 13822 & 10260 (28) Michael E. Hays, Director of Development Services, submitted a staff report dated October 5, 1999, requesting authorization to proceed with the formation of an assessment district for water and sewer fees relative to development of Tract Nos. 11261 (located on the south side of Nineteenth Street. east of California Street), 13822 (located north of 16" Street, east of California Street). and 10260 (located north of Hill Drive, west of Mayfield Avenue). Les Fogassy, Real Property Official, Development Services, stated that the developer would like to finance the fees rather than pay for them out of pocket; and explained the procedure that would be followed. Council Member Schnetz questioned whether everybody's assessment would be raised if some of the property owners did not pay; and Mr. Fogassy answered in the negative. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed with the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 for water and sewer fees relative to the development of Tract Nos. 11261,13822 and 10260. RES. 1999-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO PARSONS HARLAND BARTHOLOMEW AND ASSOCIATES, INC., TO REVISE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE CITY OF SAN BERNARDINO. (29) Michael E. Hays, Director of Development Services, stated that the State has set a deadline of June 30, 2000, for each city to complete revisions to the housing element of their general plans. He added that this item has already been budgeted. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-262 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Vacant: Fifth Ward. Ayes: Council None. Absent: 16 10/18/99 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 TO THEIR TRIBAL LANDS. (Continued from October 4, 1999) (30) Note: No resolution was submitted with the backup material and, therefore, will not be available for reference. Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November I, 1999. RECESS MEETING At 10:56 a.m., Mayor Pro Tem Miller recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:01 p.m., Mayor Pro Tern Miller reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Mayor Valles. Vacant: Fifth Ward. 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 2:01 p.m., Vice Chairwoman Miller 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. 17 10/18/99 PUBLIC HEARING DISPOSITION & DEVELOPMENT AGREEMENT - CALIFORNIA BIO-MASS, INC. - HARDY (R31) Ronald E. Winkler, Director, Development Department, submitted a staff report dated October 5, 1999, regarding a Disposition and Development Agreement with California Bio-Mass, Inc. Vice Chairwoman Miller opened the hearing. Mr. Winkler stated that the land is located adjacent to the freeway and the flood control channel at Cable Creek. He advised that the land would be transferred to California Bio-Mass, Inc., for construction of a facility for organic waste material, which will create approximately 18 new jobs. In addition, the City's Public Services Department uses California Bio-Mass, Inc., for disposal of organic material, and this new location would save the department approximately $150,000 annually in transportation costs. There were no public comments. RES. 1999-263 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THE PROPOSED DISPOSTION OF CERTAIN LANDS SUBMITTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING THE SALE OF PROPERTY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT (CALIFORNIA BIO-MASS HARDY). (R31) RES. CDC/1999-37 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSTION OF CERTAIN LANDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO DAVID L. HARDY AND MICHAEL J. HARDY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT (CALIFORNIA BIO-MASS, INC., - HARDY). (R31) Council Member Anderson made a motion, seconded by Council Member Estrada, that the hearing be closed; and that said resolutions be adopted. 18 10/18/99 The motion carried, and Resolution Nos. 1999-263 and CDC/1999-37 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. PUBLIC HEARING DEVELOPMENT BLOCK CONSOLIDATED PLAN RE-PROGRAM GRANT (CDBG) COMMUNITY FUNDS (R32) Maggie Pacheco, Director, Housing and Community Development, submitted a staff report dated October 11, 1999, regarding the re-programming of Community Development Block Grant (CDBG) Funds. Vice Chairwoman Miller opened the hearing. Executive Director Van Osdel provided an explanation of the re-programming of the CDBG funds as outlined in the staff report submitted by Ms. Pacheco and answered questions regarding the proposed recommendations. No public comments were received. RES. 1999-264 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL (1) APPROVING AND AUTHORIZING THE RE- PROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $532,977 (2) THE REALLOCATION OF CDBG FUNDS TO THE PROJECTS AND PROGRAMS CONTAINED IN SECTION 2 OF THIS STAFF REPORT; (3) AMENDMENTS TO THE CITY'S FIVE-YEAR CONSOLIDATED PLAN (1995-2000) AS PROVIDED HEREIN AND (4) EXECUTION OF A STANDARD CDBG AGREEMENT WITH COMMUNITY INVESTMENT CORPORATION (CIC) ($250,000) AND SMALL BUSINESS DEVELOPMENT CORPORATION (SBDC) ($20,000) BY THE MAYOR, AS PREPARED AND APPROVED BY THE CITY ATTORNEY. (R32) Council Member Anderson made a motion. seconded by Council Member Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried, and Resolution No. 1999-264 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. 19 10/18/99 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF A CAPITAL GRANT PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND GROW AMERICA FUND, INC., FOR THE GROW SAN BERNARDINO FUND PROGRAM. (R33) Executive Director Van Osdel stated that this item came before the committee back in July and was recommended for approval; however, there was a delay in bringing it back because staff wanted to make sure that there was an agreement that all sides could live with. He explained that Grow America Fund, Inc., is a subsidiary of the National Development Council, which the Agency has been using for approximately 15 years on matters related to Community Development Block Grants, Section 108 funding, etc. Mr. Van Osdel stated that this agreement would approve $200,000 of CDBG money to provide a small business loan program for businesses somewhat larger than those serviced by Community Investment Corporation. Council Member Schnetz questioned what the $200,000 was being used for and why the Agency would be capitalizing an SBA-7A lender, pointing out that SBA-7A loans can be obtained from any of the local banks. Special Counsel Sabo explained his understanding of the program, stating that it was an opportunity whereby our $200,000 could be leveraged into $1.6 million. However, it would be dependent on how well Agency staff is able to market the program. Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the matter he referred to the Redevelopment Committee meeting of October 21, 1999; and continued to the Mayor and Council meeting of November 1, 1999. PUBLIC HEARING - CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REQUEST TO ISSUE CERTIFICATES OF PARTICIPATION - CATHOLIC HEALTH CARE WEST & CATHOLIC HEALTHCARE WEST SOUTHERN CALIFORNIA (R34) Maggie Pacheco, Director, Housing and Community Development, submitted a staff report dated October 4, 1999, regarding a request from California Statewide 20 10/18/99 Communities Development Authority to issue Certificates of Participation on behalf of Catholic Healthcare West and Catholic Healthcare West Southern California. Vice Chairwoman Miller opened the hearing. Council Member Anderson stated she had received several calls regarding this matter and requested a continuance until the Mayor and Council meeting of November 1, 1999. Matthew Swafford, Vice President, Payne Webber, San Francisco, requested that there be no delay as they would like to sell the debt in November and they are trying to get financing in place. He stated that notification was published in the San Bernardino County Sun on October 1. He noted that $10 million of the $150 million to be sold would be spent at Community Hospital and St. Bernardine's Hospital for routine equipment and renovation. Council Member Estrada inquired whether there was anyone hospital that would be using the bulk of the $150 million. Mr. Swafford stated that the most significant chunk would be used in Bakersfield in the amount of $30 million. He noted that there are 46 hospitals that are part of the Catholic Health Care System, and approximately $4-4.5 million would be used at each of the two facilities located in San Bernardino. He also assured the Council that the City of San Bernardino would not be a party to the agreement except for authorizing the bond issues. Bill Baird, Assistant Treasurer, Catholic Healthcare West, San Francisco, CA, assured the Council that they do not plan to close Community Hospital and gave a list of the equipment they plan to purchase for both hospitals to Council Member Anderson. RES. 1999-265 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT CATHOLIC HEALTHCARE WEST OPERATOR OF COMMUNITY HOSPITAL OF SAN BERNARDINO AND CATHOLIC HEALTHCARE WEST OF SOUTHERN CALIFORNIA OPERATOR OF ST. BERNARDINE MEDICAL CENTER. (R34) Council Member Estrada made a motion, seconded by Council Member Schnetz, that the hearing be closed; and that said resolution be adopted. 21 10/18/99 The motion carried, and Resolution No. 1999-265 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. COUNCIL MEMBER ANDERSON EXCUSED At 2:58 p.m., Council Member Anderson left the Council meeting. RES. CDC/1999-38 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENTS TO EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "Coo OF THE PERSONNEL POLICIES AND PROCEDURES FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. (R35) Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/1999-38 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Miller. Nays: None. Absent: Council Member Anderson. 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. (Continued from October 4, 1999) (R36) Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be tabled. RES. 1999-266 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FISCAL YEAR 1999-2000 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT AND AUTHORIZING MONTHLY PAYMENTS TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY PURSUANT THERETO. (R37) 22 10/18/99 Executive Director Van Osdel stated that with the bankruptcy of Santa Barbara Aerospace, the San Bernardino International Airport Authority (SBIAA) is in a cash crunch and is calling on member cities to assist with cash flow. He noted that there is a possibility that these funds will not be needed. Council questioned whether all the member cities were participating. Special Counsel Sabo stated that the loan agreement had already been approved by the County of San Bernardino as proposed, and by the City of Colton with modifications. The cities of Highland and Loma Linda would consider the matter at their meetings scheduled for the following week. COUNCIL MEMBER ANDERSON RETURNED At 3:01 p.m., Council Member Anderson returned to the Council meeting and took her place at the Council table. Council Member Estrada asked what would happen if a couple of the cItIes decided they did not want to do this--would that mean that the other entities would have to make up the difference. Special Counsel Sabo pointed out that this agreement does not go beyond or attempt to amend the joint powers agreement. If someone does not make a loan advance, then it would fall to the joint powers agreement and be recalculated for the next month for any defaulted payments. However, once a member defaults for 90 days they lose the right to participate. Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, stated that he hoped the Council would turn down this request for funds. Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-266 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Vacant: Fifth Ward. Ayes: Council None. Absent: PUBLIC COMMENTS - PAUL SANBORN (38) Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, a candidate for the Seventh Ward Council Seat, stated that one of the questions presented to candidates at a recent forum was, "What would they do to entice income to San Bernardino'!" He stated that he would like the Mayor and Council to appoint a committee to look into electricity since it has recently been deregulated. 23 10/18/99 PUBLIC COMMENTS - SUSAN HARTMANN (38) Susan Hartman, a citizen of San Bernardino, stated that she hopes she can be hired part-time by the City to work with the homeless, COUNCIL MEMBER SCHNETZ EXCUSED At 3:09 p.m., Council Member Schnetz left the Council meeting. PUBLIC COMMENTS - JAY LINDBERG (38) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed material to the Council regarding military assistance to civil authorities to respond to acts or threats of terrorism. ADJOURNMENT (39) At 3:14 p.m., the meeting was adjourned to 10:00 a.m., Thursday, October 21, 1999, in the Council Chambers of City Hall. The next regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, November 1, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk bY.-t~ ~. If4I Linda E. Hartzel Deputy City Clerk No. of Items: 39 No. of Hours: 4.25 hours 24 10/18/99