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HomeMy WebLinkAbout11-01-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 1, 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 8:05 a.m., Monday, November 1, 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 McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Lien. Vacant: Fifth Ward. City Attorney Penman announced that the following additional case would be discussed in closed session: City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Armv) - United States District Court Case No. CV 96-8867 MRP (VAPx). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting, pages 5, 22-24) (1) At 8:05 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following 1. Pursuant to Government Code Section(s): 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; Georgian Pruitt vs. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-410 RT(VAPx); Beniamin Carlvs Olvera vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 59683. 1 11/1/1999 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision(b)(l); (2); (3)(A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957: (Public Employee Appointment) Appointment: Director of Animal Control E. Conference with real property negotiator - pursuant to Government code Section 54956.8: Property Address: Tract No. 15407 Negotiating Parties: Gary Van Osdel on behalf of the EconomIc Development Agency and John Pavelak Under Negotiations: Purchase terms and conditions F. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. G. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organization: San Bernardino Public Employees Association - Middle Management Employees CLOSED SESSION At 8:08 a.m., Mayor Valles called the dosed session to order in the conference room of the Council Chambers of City Hall. 2 11 /l / 1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Lien. Vacant: Fifth Ward. Also present: Senior Assistant City Attorney Carlyle, Human Resources Director Raya, Finance Director Pachon, Deputy City Attorney Mitchell, Legal Secretary Pritcher, City Attorney's Office. 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/ San Bernardino Joint Powers Financing Authority /San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBERS ESTRADA & LIEN ARRIVED At 8: 10 a.m., Council Members Estrada and Lien arrived at the closed session. HUMAN RESOURCES DIRECTOR RAYA & FINANCE DIRECTOR PACHON EXCUSED At 8:24 a.m., Human Resources Director Raya & Finance Director Pachon left the closed session. ADJOURN CLOSED SESSION At 9:05 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:05 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark; City Administrator Wilson. Absent: None. Vacant: Fifth Ward. 3 11 / 1/ 1999 INVOCATION The invocation was given by Pastor Ernest Dowdy of the Church of the Living God. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayra Alvarez, a sixth grader from Bradley Elementary School. APPOINTMENT - COUNCIL MEMBER MCGINNIS - WAYS & MEANS COMMITTEE (2) Council Member Miller submitted a staff report dated October 19, 1999, requesting the appointment of Council Member McGinnis to the Ways and Means Committee. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Councilman Gordon McGinnis to Ways and Means Committee, as requested by Councilwoman Norine Miller, be approved. PRESENTATION - CITY PIN - CONSUL OF MEXICO - JUAN SALGADO (3) Mayor Valles welcomed Juan Salgado, the Consul of Mexico, to the City of San Bernardino, and presented him with a City pin. Mr. Salgado was transferred from the Mexican Consulate in Chicago, Illinois, replacing former Consul to San Bernardino, Raul Cardenas, who was transferred to Mexico City. PRESENTATION MAYOR & COUNCIL - BASEBALL - CHAMPIONSHIP SHIRTS STAMPEDE (3) Greg Cozzo, Director of Community Relations for the San Bernardino Stampede, presented the Mayor and Council with championship shirts. He introduced Stampede Pitching Coach, Mark Brewer, and the California League Playoff's Most Valuable Player, Adrian Burnside, to the Mayor and Council. RESOLUTION - GWENDOLYN ROBERTS - METROPOLITAN OPERA (3) Mayor Valles presented Gwendolyn Roberts with a resolution commending her for her outstanding service to the Metropolitan Opera. 4 11/ 1/1999 PRESENTATION - JAMES PENMAN - PLAQUE (3) Jerry Kasinski, Principal of Roosevelt Elementary School in San Bernardino stated that Roosevelt Elementary School instituted a Distinguished Alumni Day to honor past students. City Attorney Penman was one of five honorees who received the special Hall of Fame Award plaque, designating him a Distinguished Roosevelt Alumni. ANNOUNCEMENTS-JUDIPENMAN (41 Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, advised that a ribbon cutting ceremony for Ernies "E" Street Grill is scheduled for November 1. On November 3 , Trophy House will have their ribbon cutting ceremony and on Monday, November 15, Work Boot Warehouse will have a ribbon cutting ceremony and grand opening. Ms. Penman reminded everyone of the Harvest Fair, scheduled for November 6 and 7 and November 13 and 14, and Family Fun Night continues every Friday evening at Court Street Square. CLOSED SESSION ANNOUNCEMENT - CITY CLERK CLARK (Discussed earlier and later in the meeting, page 1-2, 22- 24) (1) City Clerk Clark advised that the following matter was discussed in closed session: Appointment: Director of Animal Control Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that Steven Fries be appointed Director of Animal Control, effective November 15, 1999, at Range 4472, Step 1, $4,674 a month. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson congratulated Jewell Rabb and Sylvia Alice for a successful Dump Day in the Sixth Ward, She indicated the Boys & Girls Club in the Sixth Ward had a very successful Halloween celebration (700 children in attendance). She discussed the Red Ribbon Breakfast, indicating it was well attended. Council Member Anderson reminded the community to vote on November 2, 1999. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz expressed his sorrow at the loss of Calvary Baptist Church to an arson fire. He offered his help to the 5 11/1/1999 Reverend Paul Reinhard and the congregation of Calvary Baptist Church. He discussed the Motorcross race that occurs twice a year at Glen Helen Park for fire and police and announced that Jonathan Roberg won the overall race for the City of San Bernardino Police Department. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis announced that Saturday, November 6, 1999, is a designated Dump Day in the Third Ward. He announced that the Harvest Fair is scheduled for November 6 and 7 and November 13 and 14, one block east of Waterman, off of 4th Street, (Palm Lane), and encouraged everyone to attend. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien thanked Oscar Gonzales for his six years of service on the Civil Service Commission. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada indicated she had attended a function at the Hispanic Chamber of Commerce, where she had the pleasure of meeting the new Mexican Consul, Juan Salgado. Council Member Estrada met with Daniel Tillman, San Bernardino Unified School Board Member, on the "social promotion" issue -- effective this year, school children who cannot pass the test, will be held back. She invited Mr. Tillman to give a presentation at the next Council meeting on the "social promotion" issue. Council Member Estrada discussed the workshop and tour at the Santa Fe Depot. She was very impressed with the Red Ribbon Parade and thanked the coordinatllrs and all the people who worked so hard to put it together. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:34 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles reminded all voters that tomorrow is election day and encouraged each and everyone to take time to cast their ballot. Mayor Valles attended a ceremony at Bradley Elementary School, in the Second Ward. The Mayor's Office, along with Wal-Mart, Baker's, and Long's Drug Store, formally adopted the school. 6 11/1/1999 Mayor Valles discussed the workshop at the Santa Fe Railroad Depot, indicating it was held to give the Council a preliminary idea on how the Depot restoration project is developing, and what sort of uses might be considered for future utilization of the Depot and its surrounding areas. She indicated that a public workshop would take place on Saturday, November 20, 1999, at the Depot, 1170 Wcst Third Street, San Bernardino. Mayor Valles stated that GE Capital, located in the northwest part of the City, has recently expanded as a result of closing one of its plants back east. Over 150 of its employees were relocated to the San Bernardino office. She extended a warm welcome to them. Mayor Valles discussed a conference she attended at California State University, San Bernardino - Enterplise Vision-San Bernardino: The Private Sector Looks at the City, sponsored by Inland Action. Mayor Valles commented on the fire at Calvary Baptist Church and offered her sympathy and concern to the congregation and Pastor Reinhard. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman offered his condolences to Pastor Reinhard and his congregation, regarding the fire at Calvary Baptist Church. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark discussed the election on November 2, 1999, indicating that the polls are open from 7:00 a.m. to 8:00 p.m. She stated that the City Clerk's office would be open until 8:00 p.m., to answer any questions the public may have. Ms. Clark commented on the video and pamphlet produced by the Charter Revision Committee, and thought they were both well done. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. 7 11 / 1/1999 COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 21, 1999; September 7, 1999; September 20, 1999. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 27, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried. that the personnel action lists as submitted by the Chief Examiner, dated October 27, 1999, and the Economic Development Agency, dated October 25, 1999, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, and the Personnel policies and procedures adopted by the Economic Development Agency, be approved and ratified. RES. 1999-268 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 1999/2000. (9) RES. 1999-269 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND THE CITY OF SAN BERNARDINO REGARDING PARTICIPATION IN THE CLEAN CITIES PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. (10) 8 11/1/1999 RES. 1999-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (12) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 1999-268, 1999-269 and 1999-270 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. SET LUNCHEON WORKSHOP - PROPOSED ROUTE 30 IMPROVEMENT PROJECT - MONDAY, DECEMBER 6, 1999, 12:00 P.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM (13) ~ Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that a luncheon workshop be set for Monday, December 6, 1999, at 12:00 p.m., in the Economic Development Agency Board Room, to receive information regarding the proposed Route 30 improvement program. CONTINUING CARRYOVERS 1999/2000. APPROPRIATIONS & ENCUMBRANCE - FISCAL YEAR 1998/99 TO FISCAL YEAR (15) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council approve the attached listing of Fiscal Year 1998-99 Continuing Appropriations and Encumbrance Carryovers into Fiscal Year 1999-00. RES. 1999-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION BY THE MAYOR OF THE CITY OF SAN BERNARDINO OF A CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE YOUTH MENTORING SERVICES FOR THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2000. (16) 9 11/1/1999 RES. 1999-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF HEALTH SERVICES - CALIFORNIA NUTRITION NETWORK FOR HEALTHY, ACTIVE FAMILIES, TO PROVIDE INTERVENTIONS THAT ACTIVELY PROMOTE HEALTHY EATING AND PHYSICAL ACTIVITY TO UNDER- SERVED SAN BERNARDINO RESIDENTS. (17) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 1999-271 and 1999-272 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. ORD. MC-1061 - 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. Final (11) Council Member McGinnis made a motion, seconded by Council Member Anderson that said ordinance be adopted. Ordinance No. MC-I061 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. AUTHORIZATION TO PROCEED - PREPARE SUBLEASE AGREEMENT WITH REDLANDS YMCA & SAN BERNARDINO YMCA FACILITIES - 808 EAST 21ST STREET (UPTOWN YMCA) (141 Development Services Director Michael E. Hays submitted a staff report dated October 5,1999, concerning the sublease agreement. Council Member Estrada indicated that the San Bernardino YMCA ceased to exist in October and asked with whom the City has an agreement with if there was no organization in existence. City Attorney Penman indicated the organization still exists and has the assets of the old downtown YMCA, which the organization is trying to dispose of. He has not had an opportunity to review the lease and noted this item is to be continued for two weeks. He indicated that 10 11 / 1/ 1999 the Board of the YMCA is still meeting and he thought they were legally in existence. He will clarify this, as well as whatever investment the City has made with this entity. Council Member Schnetz indicated he talked with a member of the Board of Directors and was told that it is still a valid corporation. The Redlands Board started operating the facility on October 1. He is concerned that Redlands cannot cover this piece of property under the liability policy until they get an assignment or a sublease. Jack Avakian, Chief Executive Officer and Chairman of the Board of Directors for the San Bernardino Valley YMCA, indicated that this is a merger of the two YMCAs. When the merger is formalized, the lease will follow to the new corporation. They want to ensure the programs for children and seniors will continue. The adult physical fitness center has been dropped and the Daycare has moved into Bradley Elementary School. He believes there will be a general strengthening of the YMCA. A new committee has been formed, which directly represents the interests of the San Bernardino area. Council Member Schnetz made a motion, seconded by Council Member Lien, that the sublease be changed to an assignment. Council Member Estrada asked if the Board would take action to dissolve the YMCA. Mr. Avakian indicated that the Board took an action to go into a merger process. The motion was to move forward with the merger of the YMCA in Redlands. Council Member Estrada made a substitute motion, seconded by Council Member Anderson, to continue the matter to November 15, 1999. The motion carried by the following vote: Estrada, McGinnis, Anderson, Miller. Nays: Schnetz. Absent: None. Vacant: Fifth Ward. Ayes: Council Members Council Members Lien, City Attorney Penman indicated he would meet with any Council Member who wished to discuss this matter. PUBLIC HEARING - VACATION - PORTION OF BELLEVIEW STREET - BETWEEN RANCHO AVENUE & PENNSYLVANIA AVENUE. (Continued from October 18, 1999) (20) The hearing remained open from the Mayor and Common Council Meeting of October 18, 1999. 11 11/1/1999 There were no public comments. RES. 1999-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF BELLEVIEW STREET, BETWEEN RANCHO AVENUE AND PENNSYLVANIA AVENUE AND RESERVING PUBLIC UTILITY EASEMENTS AND AN EASEMENT FOR EGRESS AND INGRESS. (20) Council Member Anderson made a motion, seconded by Council Member Miller, that the hearing be closed; that the findings of fact be adopted as set forth in the staff report dated September 28, 1999, from the Director of Development Services, as to why a portion of Belleview Street, between Rancho Avenue and Pennsylvania Avenue, is no longer necessary for public street purposes; and that said resolution be adopted. The motion carried and Resolution No. 1999-273 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. PUBLIC HEARING PROPOSED EXPENDITURES CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT AWARD - FISCAL YEAR 1999/00 (21) Assistant Chief of Police Wayne Harp submitted a staff report dated October 26, 1999, concerning the adoption of the Citizens Option for Public Safety (COPS) expenditure plan for FY 1999/00. Mayor Valles opened the hearing. No public comments were received. CITY ATTORNEY PENMAN EXCUSED At 10: 13 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant CIty Attorney Carlyle. City Administrator Fred Wilson indicated this IS a one-year program that will be evaluated at tlle end of the year. Council Member Estrada asked how the police officers would be absorbed. Captain Curtis of the Police Department indicated they would be adding the four positions incrementally. 12 11/1/1999 Discussion ensued as to how these officers might be absorbed after the grant expires. Council Member Miller joined with the Mayor on complimenting the Chief of Police, indicating that the crime rate has fallen greatly in the last year and it should be a priority to keep the officers. RES. 1999-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) EXPENDITURE PLAN FOR FY 1999/00, SUBMITTED BY THE CHIEF OF POLICE. (21) Council Member Anderson made a motion, seconded by Council Member McGinnis, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-274 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. PUBLIC HEARING - TO HEAR WRITTEN & ORAL COMMENTS INTENDED USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM AWARD - U.S. DEPARTMENT OF JUSTICE - BUREAU OF JUSTICE ASSISTANCE (BJA) FOR LAW ENFORCEMENT SUPPORT EXPENDITURES (22) Assistant Chief of Police Wayne Harp submitted a staff report dated October 26, 1999, requesting authorization to obligate and expend the awarded FY 1999/00 Local Law Enforcement Block Grant (LLEBG) monies for law enforcement support expenditures. Mayor Valles opened the hearing. There were no public comments. RES. 1999-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE AWARDED LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) MONIES FOR LAW ENFORCEMENT SUPPORT EXPENDITURES. (22) 13 11/1/1999 Council Member Miller made a motion, seconded by Council Member McGinnis, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-275 was adopted by the following vote: Ayes: Council Members Estrada Lien McGinnis " , Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:42 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER SCHNETZ EXCUSED At 10:42 a.m., Council Member Schnetz left the Council meeting. ACCEPT ORAL BIDS - AWARD BID - SALE - CITY & WATER DEPARTMENT PROPERTY NORTHWEST CORNER KENDALL DRIVE & UNIVERSITY PARKWAY. (26) Development Services Director Michael E. Hays submitted a staff report dated October 18, 1999, inviting bids and establishing Fair Market Value of Property - Northwest corner of Kendall Drive and University Parkway. Mayor Valles opening the hearing. Les Fogassy, Real Property Official, stated the City had received a written bid in the amount of $566,000 with a 10% deposit. This is the time to accept oral bids, if any are submitted at this hearing. No public comments or oral bids were received. Council Member Anderson made a motion, seconded by Council Member Miller, that the hearing accepting oral bids for sale of City and Water Department property, per Bid Specification No. 15.02-218, be closed; and that the bid amount of $566,000.00 be awarded to Howard Berkson for the sale of City and Water Department property and that the Director of Development Services be directed and authorized to do all things necessary to bring said sale to a conclusion. The motion carried by the following vote: Ayes: Estrada, Lien, McGinnis, Anderson, Miller. Nays: Council Member Schnetz. Vacant: Fifth Ward. Council Members None. Absent: 14 11/1/1999 COUNCIL MEMBER SCHNETZ RETURNED At 10:44 a.m., Council Member Schnetz returned to the Council meeting and took his place at the Council table. RECEIVE & FILE - FIRST QUARTER REPORT - FISCAL YEAR 1999/2000 (18) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the First Quarter Report for Fiscal Year 1999/2000 be received and filed. RECEIVE & FILE - UDATE BUDGET REPORT - FISCAL YEAR 1998/99 YEAR END CLOSE (19) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the Budget Report on Fiscal Year 1998/99 Year End Close be received and filed. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MILLENNIUM CELEBRATION FIREWORKS. First (23) Council Member Anderson stated that she had received many phone calls from non-profit organizations concerning the millennium celebration fireworks. She indicated that there will be no new licenses given out, only to those who sell fireworks during the Fourth of July celebration, and that the dates to sell and set off fireworks have been changed in this revised ordinance. She felt that fireworks would be used regardless of whether they are sold in San Bernardino and encouraged that her fellow Council Members adopt the ordinance. The following spoke in favor of the fireworks ordinance: 1. Jonathan LIera, First Assembly of God, 9th Street and Sierra Way, San Bernardino; 2. Don Frazier, Resident, 1084 Western Avenue, San Bernardino; and 3. James Smith, Native Sons of the Golden West, 1156 E. 24th Street, San Bernardino. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:58 a.m., Senior Assistant City Attorney Carlyle left the Council Meeting and was replaced by City Attorney Penman. 15 11/1/1999 Discussion ensued as to the pros and cons of having the millennium celebration fireworks. Note: City Attorney Penman indicated that Motion # 1 to reconsider the previous action regarding the use of fireworks was moot, and no vote was needed. Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption. The motion failed by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson. Nays: Council Members Lien, Schnetz, Miller. Absent: None. Vacant: Fifth Ward. COUNCIL MEMBER ANDERSON & CITY ADMINISTRATOR WILSON EXCUSED At 11: 18 a.m., Council Member Anderson, and City Administrator Wilson left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 11: 18 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 99-05 - AMEND CHAPTER 19.16 - FLOODPLAIN OVERLAY DISTRICT INCORPORATE REGULATIONS NATIONAL FLOOD INSURANCE PROGRAM (30) Development Services Director Michael E. Hays submitted a staff report dated September 28, 1999, wherein he prepared an amendment to the Development Code pertaining to the Floodplain Overlay District. Mayor Valles opened the hearing. COUNCIL MEMBER ANDERSON RETURNED At 11:21 a.m., Council Member Anderson returned to the Council meeting and took her place at the Council table. CITY ADMINISTRATOR WILSON RETURNED At 11 :22 a.m., City Administrator Wilson returned to the Council meeting and took his place at the dais. Valerie Ross, Principal Planner, reviewed the amendment with the Mayor and Council. There were no public comments. 16 11/l / 1999 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.16, SECTION 19.16.020, SECTION 19.16.030(2), AND SECTION 19.16.090 (1) (J&K) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO UPDATE THE FLOODPLAIN OVERLAY DISTRICT TO MEET CURRENT NATIONAL FLOOD INSURANCE STANDARDS. First (30) Council Member McGinnis made a motion, seconded by Council Member Lien, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. PUBLIC HEARING - SPECIFIC PLAN AMENDMENT NO. 98- 01 & GENERAL PLAN AMENDMENT NO. 99-02 - MODIFY SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN - AMEND GENERAL PLAN CIRCULATION ELEMENT (31) Development Services Director Michael E. Hays submitted a staff report dated October 12, 1999, wherein he requested approval of Specific Plan Amendment 98-01 and General Plan Amendment No. 99-02 based on the Findings of Fact. Mayor Valles opened the hearing Valerie Ross, Principal Planner, reviewed the amendments with the Mayor and Council. There were no public comments. RES. 1999-276 - RESOLUTON OF THE CITY OF SAN BERNARDINO ADOPTING SPECIFIC PLAN AMENDMENT NO. 98-01; AND ADOPTING GENERAL PLAN AMENDMENT NO. 99-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE CIRCULATION ELEMENT RELATING TO THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN. (31) Council Member Miller made a motion, seconded by Council Member Anderson, that the Mayor and Common Council close the hearing and approve Specific Plan Amendment No. 98-01 and General Plan Amendment No. 99-02, based on the findings of fact set forth in the staff report dated October 12, 1999, from the Director of Development Services; and that said resolution be adopted. 17 11 / 1/ 1999 The motion carried and Resolution No. 1999-276 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-277 - 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. (Continued from October 18, 1999) (24) City Administrator Fred Wilson indicated that the Parking Place Committee had reviewed the lease agreement and recommended adoption. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-277 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. RES. 1999-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE TWENTY NINE (29) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT NO.3. (25) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH LIFE INVESTORS INSURANCE COMPANY, AN IOWA CORPORATION, TO LEASE THIRTY (30) PARKING SPACES IN CENTRAL PARKING DISTRICT LOT NO.3. (25) City Administrator Fred Wilson indicated that the Parking Place Commission had reviewed the lease agreements and recommended adoption. Council Member Schnetz indicated he is in agreement with the first lease, as SAN BAG has limited parking due to physical limitations. He felt that on the second lease, there is a large area where the building meets current Planning Department standards. In addition to that he added, there is a vacant piece of property next to the building that could 18 11/l / 1999 be acquired and expanded for parking lot purposes. He considers the parking spaces allocated to that building adequate and if they require more parking spaces, they should pay additional rent. Council Member Schnetz would like the two motions separated. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted (authorizing lease agreement with San Bernardino Associated Governments). Resolution No. 1999-278 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. Council Member Miller made a motion, seconded by Council Member Anderson that said resolution be adopted (authorizing lease agreement with Life Investors Insurance Company). The motion failed by the following vote: Ayes: Council Members Estrada, Anderson, Miller. Nays: Council Members Lien, McGinnis, Schnetz. Absent: None. Vacant: Fifth Ward. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 11 :25 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. BUDGET AMENDMENT - OPERATION OF JOHNSON HALL COMMUNITY CENTER - MEMBERSHIP IN INLAND EMPIRE ECONOMIC PARTNERSHIP (IEEP) (Continued from October 18, 1999) (27) City Administrator Wilson submitted a staff report, dated October 27, 1999, concerning the end of City operation of the Johnson Hall Community Center and allocating the savings within the Parks and Recreation Department budget; and appropriating funds for membership in the Inland Empire Economic Partnership (IEEP). Council Member Lien wondered if this matter had gone before the Parks & Recreation Commission. She indicated that she would like to see the trash cans replaced at Perris Hill Park. Council Member McGinnis questioned the reclassification of the Program Coordinator position to Recreation Supervisor, indicating that after reviewing the organizational chart, he felt there may be too many supervIsors. 19 11/1/1999 City Administrator Wilson indicated that this matter would be referred to the Personnel Committee. Terry Ooms, Executive Director of the Inland Empire Economic Partnership, addressed the Mayor and Council, giving a brief overview of IEEP. Her organization would like to enter into an agreement with the City to attract business to this region. Discussion ensued as to whether the Council should break down the budget amendment into four separate motions, instead of two. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the reclassification of one position of Recreation Program Coordinator, Range 1279 ($1,785- $2,170/month be reclassified to Recreation Supervisor, Range 2383 ($2,998-$3,645/month) be referred to the Personnel Committee. Council Member Anderson made a motion, seconded by Council Member Estrada, that the Director of Finance be authorized to amend the Fiscal Year 1999-2000 budget as indicated in the new staff report dated October 27, 1999; and provide additional funding for park improvements at various parks ($24,500). The motion carried by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Anderson, Miller. Nays: Council Member Lien. Absent: None. Vacant: Fifth Ward. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that additional funding will be provided for park and parkway contract tree trimming ($8,100). Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the three-year payment plan for membership dues for the City of San Bernardino in the Inland Empire Economic Partnership be approved. TRANSFER FUNDS - DESIGN & MODIFICATION - TRAFFIC SIGNAL - INTERSECTION CALIFORNIA STREET & BASE LINE STREET. (Continued from October 18, 1999) (28) Development Services Director Michael E. Hays submitted a staff report dated September 19, 1999, concerning the transfer of funds for the design and modification of an existing traffic signal. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be 20 11 / 1/ 1999 continued to the Mayor and Common Council Meeting of December 6, 1999. 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 18, 1999) (29) Note: The resolution was not distributed in the backup material and will not be available for reference. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Common Council Meeting of November 15, 1999. RECESS MEETING At 12:08 p.m., Mayor Valles recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:01 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Lien, Miller. 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., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 21 11/1/1999 COUNCIL MEMBER LIEN & MILLER RETURNED At 2:02 p.m., Council Members Lien and Miller returned to the Council meeting and took their places at the Council table. REQUEST FOR LOAN EXTENSION- ERWIN S. SKADRON (R32) Economic Development Agency Executive Director Van Osdel submitted a report dated October 22, 1999, wherein Mr. Skadron is requesting an extension of the payoff loan for three years or until the property is sold. Mr. Skadron is currently making interest only payments on a quarterly basis and has made all payments on time. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission approve a one-year extension to the Skadron Loan. RES. CDC/1999-39 - 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) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/1999-39 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacant: Fifth Ward. PUBLIC COMMENTS (34) There were no public comments at this meeting. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1-2,5) (1) At 2:04 p.m., the Mayor and Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 22 11/l / 1999 Manta Management vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Georgian Pruitt vs. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-410 RT(VAPx); Beniamin Carlys Olvera vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 59683. City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Army) - United States District court Case No. CV 96-8867 MRP (VAPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b)(l); (2); (3)(A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 64956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957: (Public Employee Appointment) Appointment: Director of Animal Control E. Conference with real property negotiator - pursuant to Government code Section 54956.8: Property Address: Tract No. 15407 Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and John Pavelak Under Negotiations: Purchase terms and conditions F. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. 23 11 / 1/ 1999 G. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agency Negotiator: Ed Raya, Director of Human Resources Employee Organization: San Bernardino Public Employees Association - Middle Management Employees CLOSED SESSION At 2:04 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: 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: None. Vacant: Fifth Ward. Also Present: City Administrator Wilson, Ronald E. Winkler, Director, Development Department, Economic Development Agency. ADJOURN CLOSED SESSION/MEETING At 2:33 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 the Community Development Commission is scheduled for Monday, November 15, 1999, at 8:00 a.m., in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By. Cathleen M. Szend 0 Deputy City Clerk No. of Items: 35 No. of Hours: 5 hours 24 11 / 1/1999