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HomeMy WebLinkAbout11-15-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 15, 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, November 15, 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Miller. Vacant: Fifth Ward. City Attorney Penman announced that under Government Code Section 54952.1, Councilman-Elect Suarez would be invited to meet in closed session. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 14-16, 23-25) (1) At 8: 10 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 54956.9Ia): Marianne Barklage v. City of San Bernardino, et al. - United States District Court Case No. SACV 99-813 AHS (Anx); DeShawn Crawford v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 33527; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Georgiann Pruitt v. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-41ORT (VAPx). 1 11/15/1999 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: Agency Negotiator: Fred Wilson, City Administrator City Employee Organization: San Bernardino Confidential and Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: 1505 West Highland Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Clifford Hackney Under Negotiation: Purchase terms and conditions 2. Property Address: Hums Lane/Truck Wash Site Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Alan B. Steward Under Negotiation: Purchase terms and conditions 2 11/15/1999 CLOSED SESSION At 8:10 a.m., Mayor Valles called the closed session to order In the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Anderson; City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Miller; City Attorney Penman. Vacant: Fifth Ward. Also present: Senior Assistant City Attorney Carlyle, Senior Assistant City Attorney Simmons, Deputy City Attorney Empeno, Deputy City Attorney Easland, Paralegal Mitchell, Administrative Operations Supervisor Edna Anderson, City Attorney's Office, Special Counsel Joseph Arias; Bernard Kersey, General Manager, Water Department. COUNCIL MEMBER LIEN ARRIVED At 8: 11 a.m., Council Member Lien arrived at closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Szendrodi read the titles of all the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas 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. PARALEGAL MITCHELL EXCUSED At 8:31 a.m., Paralegal Mitchell left the closed session. PARALEGAL MITCHELL RETURNED At 8:35 a.m., Paralegal Mitchell returned to the closed session. PARALEGAL MITCHELL EXCUSED At 8:38 a.m., Paralegal Mitchell left the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:52 a.m., City Attorney Penman arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO & GENERAL MANAGER KERSEY EXCUSED At 8:56 a.m., City Attorney Empeno and Water Department General Manager Bernie Kersey, left the closed session. 3 11/15/1999 ADJOURN CLOSED SESSION At 9: 12 a.m., the closed session adjourned to the Council Chamber of City Hall. RECONVENE MEETING At 9: 12 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Fifth Ward. INVOCATION The invocation was gIVen by Sergeant James Lamb of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Linda Bruins, a sixth grader from Bradley Elementary School. APPOINTMENTS (2) There were no appointments. CERTIFICATE OF RECOGNITION - RABBI HILLEL COHN (3) Mayor Valles presented Rabbi Hillel Cohn of Temple Emanu EI a Certificate of Recognition for his service to the City, as a member of the City's Human Relations Commission. ANNOUNCEMENTS-JUDIPENMAN (4) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, announced there would be a ribbon cutting ceremony, at 5:30 p.m., today, at Work Boot Warehouse, 363 East Redlands Boulevard, San Bernardino. The San Bernardino Police Department will also have a ribbon cutting ceremony today, for its new Community Police Center, located at 1535 East Highland Avenue, San Bernardino. On Thursday, November 18, at 5:30 p.m., the Children's Fund will have a grand opening of its assessment center for medical and forensic exams. Ms. Penman also stated that Carter's Care for the Elderly, 1625 North Susie Lane, San Bernardino, would have a grand opening at 5:30 p.m., on December 1,1999. 4 11/15/1999 SERVICE PIN AWARDS (3A) Mayor Valles presented the following employees with service pin awards in appreciation for their many years of dedicated service to the City: NAME DEPARTMENT YEARS OF SERVICE David Stachowski City Attorney lO-year pin Linda Sutherland Robert Cuellar James McMulen, Jr. Jerry Smith Debra Bemben Michael Arvizo Eric Fyvie Consuelo Marquez Jesus Martinez Joseph Martinez Development Services Fire Fire Finance Library Management Information Systems- Administration Police Police Police Public Services 5-year pin 15-year pin 15-year pin 10-year pin 5-year pin 10-year pin 5-year pin 20-year pin 5-year pin 20-year pin ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (41 Council Member Anderson expressed her appreciation to the citizens of the Sixth Ward for giving her an opportunity to serve the Sixth Ward once again. Council Member Anderson announced that the Swan's Club had their 39th Annual Debutante Ball at the Citrus Room of the National Orange Show. Sixteen debutantes were presented to the City of San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis thanked the citizens of the Third Ward for voting in the recent election. He congratulated Council Member Anderson and Council Member-Elect Suarez on their election \'ictories. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada congratulated Council Member-Elect Suarez and thanked the voters of the Fifth Ward for electing Mr. Suarez to the Council. Council Member Estrada requested a round of applause for Judi Penman, Executive Director for the San Bernardino Area Chamber of Commerce, for her work in the community. 5 11/15/1999 ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson reminded everyone to exercise their right to vote, November 16, for the 42nd Congressional District seat. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles also reminded citizens of the special election for the 42nd Congressional District and urged everyone to vote. Mayor Valles congratulated Council Members McGinnis and Anderson, and Council Member-Elect Suarez on winning the elections held in their respective wards. Mayor Valles commended Ken Joswiak, Executive Director of the Center for Individuals with Disabilities (CID) on the success of the Harvest Fair. Mayor Valles invited the public to attend an open house/public workshop, Saturday, November 20, 1999, from 9:00 a.m. to 12:00 noon, at the Santa Fe Depot, located at 1170 West Third Street, San Bernardino. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman congratulated Council Members McGinnis and Anderson on their reelection to their Council Wards. He also congratulated Council Member-Elect Suarez on his election to the Fifth Ward for the long and short term. He congratulated the City Clerk and City Treasurer on their reelection, and thanked all voters for his reelection as City Attorney of San Bernardino. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson congratulated Council Members McGinnis and Anderson on their reelection to their Council Wards and welcomed Council Member-Elect Suarez to the Council. He also congratulated the City Clerk, City Attorney and City Treasurer on their reelections. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark also congratulated the reelected and newly appointed Council Members, as well as the reelected City Attorney and City Treasurer. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that full reading of the resolutions and 6 11/15/1999 ordinances on the regular, supplemental and addendum to the agendas of the Mayor and Common Council/Community Commission be waived. supplemental Development COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Estrada, 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: October 18, 1999; October 21, 1999; and, October 29, 1999. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 8, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions list(s) as submitted by the Chief Examiner, dated November 10, 1999, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council, be approved and ratified. ORD. MC-1062 - 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(I)(J&K) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO UPDATE THE FLOODPLAIN OVERLAY DISTRICT TO MEET CURRENT NATIONAL FLOOD INSURANCE STANDARDS. Final (9) Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance No. MC-I062 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: Absent: Council Member Miller. Vacant: Fifth Ward. Ayes: None. SLURRY SEALING VARIOUS STREETS - PHASE IX, PLAN NO. 10041, AREAS "C" & "0" - APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS (10) 7 11/15/1999 Development Director Michael E. Hays submitted a staff report dated November 1, 1999, wherein he requested approval of plans and authorization to advertise for bids for slurry sealing of various streets. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve Plan No. 10041 for slurry sealing of various streets, Phase IX, Areas "C" and "0"; and that the Director of Development services be authorized to advertise for bids. INSTALL CROSS GUTTERS - ARDEN AVENUE, SOUTH OF PACIFIC AVENUE - PLAN NO. 9872 - APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS (11) Development Services Director Michael E. Hays submitted a staff report dated October 28, 1999, requesting approval of plans and authorization to advertise for bids regarding the installation of cross gutters on Arden Avenue south of Pacific Avenue, per Plan No. 9872. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve Plan No. 9872 for installation of cross gutters on Arden Avenue, south of Pacific Avenue; and that the Director of Development Services be authorized to advertise for bids. RES. 1999-279 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES PRICE OF $25,000.00 AND DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY LOCATED ON THE NORTH SIDE OF GOULD STREET, WEST OF RICHARDSON STREET IN THE CITY OF SAN BERNARDINO, TO THE CITY OF LOMA LINDA AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (12) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-279 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Sclmetz, Anderson. Nays: Absent: Council Member Miller. Vacant: Fifth Ward. Ayes: None. EXECUTE CONTRACT CHANGE ORDER NO. 10 CDE RESOURCES, INC. - STREET IMPROVEMENTS - MILL STREET BETWEEN LENA ROAD & TIPPECANOE AVENUE - PLAN NO. 9487. (13) 8 11/15/1999 Development Services Director Michael E. Hays submitted a staff report dated November 3, 1999, wherein he seeks authorization to execute a contract change order for street improvements on Mill Street between Lena Road and Tippecanoe Avenue. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that Contract Change Order No. Ten to the contract with CDE Resources, Inc., be approved for additional landscaping and irrigation, increased quantity of Asphalt Rubber Hot Mix (ARHM-GG), and compensation for delay time at a cost of $22,029.68, increasing the contract total from $725,041.74 to $747,971.42. RES. 1999-280 RESOLUTION OF THE CITY OF BERNARDINO AWARDING A PURCHASE ORDER TO PATHWAY FOR FURNISHING AND DELIVERING TRAFFIC AND SUPPLIES SAN TMT PAINT (14) RES. 1999-281 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING PURCHASE ORDERS TO 1.) ALLSTAR FIRE EQUIPMENT FOR PURCHASE AND DELIVERY OF REPLACEMENT SAFETY GEAR, AND 2.) GREENWOOD'S UNIFORMS FOR PURCHASE AND DELIVERY OF REPLACEMENT WORK UNIFORMS AND SAFETY BOOTS. (16) ITEM DELETED (17) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 1999-280 and 1999-281 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. BUDGET AMENDMENT - DECEMBER HOLIDAY DECORATIONS - PARKING & BUSINESS IMPROVEMENT DISTRICT FUND (15) Facilities Manager, James Sharer, submitted a staff report dated November 8, 1999, wherein he requests a budget amendment appropriating $20,000 of available fund balance in the Parkmg and Business Improvement District Fund for the purchase of December holiday decorations for the downtown area. Council Member Lien indicated she would like to inspect the decorations, and Mr. Sharer indicated he would do so at Council Member Lien's convenience. 9 11/15/1999 Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the FY 1999-2000 Parking and Business Improvement Fund budget and appropriate $20,000 from the available fund balance to cover the cost of holiday decorations for the downtown area. RES. 1999-282 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (18AI RES. 1999-283 - RESOLUTION OF THB: MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FAMILY PLAYHOUSE FOR THE PROMOTION OF ARTS AND CULTURE. (18B) RES. 1999-284 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE FOR THE PROMOTION OF ARTS AND CULTURE. (18C) RES. 1999-285 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (18D) RES. 1999-286 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA FOR THE PROMOTION OF ARTS AND CULTURE. (18E) RES. 1999-287 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MEXICAN- AMERICAN HERITAGE PAGEANT FOR THE PROMOTION OF ARTS AND CULTURE. (18F) 10 11/15/1999 RES. 1999-288 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. (18G) RES. 1999-289 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (18H) RES. 1999-290 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS AND CULTURE. (181) RES. 1999-291 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES ACADEMY FOR THE PROMOTION OF ARTS AND CULTURE. (18JI Council Member Lien indicated that she would like to see money allocated next year for physical art projects (visual arts) and requested that the motion reflect that it be included for next year's cycle of funding. Council Member Schnetz indicated there is a handsome pIece of art commissioned by the State of California many years ago, in the courtyard of the old State Building, on the south side of Third Street. He has learned it will be shipped to a warehouse in Sacramento and he would like to see it remain in San Bernardino and moved to the Superblock. Discussion ensued regarding funding of the arts. Patrick Jewett, 2921 Arrowhead Avenue, San Bernardino, is an artist and believes the visual arts need more of a presence in San Bernardino. He discussed his bronze statue of a Phoenix svmbolizing the rebirth of San Bernardino, indicting it was rejected for funding by the Fine Arts Commission. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolutions A-J be adopted; and that the committee incorporate a portion of the funds for art in public places next year. The motion carried and Resolutions Nos. 1999-282, 1999-283, 1999- 284, 1999-285, 1999-286, 1999-287, 1999-288, 1999-289, 1999-290 and 11 11 /15/1999 1999-291 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. SUBLEASE AGREEMENT - RED LANDS YMCA FOR THE SAN BERNARDINO YMCA FACILITIES - 808 EAST 21sT STREET (UPTOWN YMCA) (Continued from November 1, 1999) (21) Development Services Director Michael E. Hays, submitted a staff report dated October 5, 1999, wherein he outlines the need for a sublease agreement with the Redlands YMCA for the San Bernardino YMCA facilities. City Attorney Penman indicated that he had met with Mr. Avakian, President of the YMCA, to discuss the matter. It was indicated that the San Bernardino YMCA would like to stay in the loop and preferred a sublease to an assignment. The actual amendment to the agreement will come back to Council in December. The San Bernardino Board will stay active until debt issues are resolved and the two entities merge. and then a new board will be formed. Council Member Estrada questioned whether there really existed an organization when the agreement was drawn - what does it legally mean to the City of San Bernardino. City Attorney Penman indicated that the San Bernardino YMCA is still a viable legal organization. He indicated that the Redlands YMCA was reluctant to merge until the debt is taken care of. Council Member Schnetz made a motion. seconded by Council Member Anderson, and unanimously carried, to approve a sublease agreement with Redlands Young Men's Christian Association for the San Bernardino Young Men's Christian Association facility located at 808 E. 21 st Street (Uptown YMCA) and direct the City Attorney's Office to proceed with the preparation of the sublease agreement, and bring back to the Council for their approval. PUBLIC HEARING - UNCOLLECTED BUSINESS REGISTRATION FEES - LIENS ON REAL PROPERTY (19) Rachel Clark, City Clerk, submitted a staff report dated October 27, 1999, wherein she discusses the imposition of liens on property located within the City of San Bernardino for uncollected Business Registration fees. CITY ATTORNEY PENMAN EXCUSED At 10:03 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. 12 11/15/1999 Mayor Valles opened the hearing George Iborogu, 2530 West 6th Street, San Bernardino, discussed two properties he owns that have had a lien placed against them. Mr. Iborogu indicated that the property at 1675 Cleveland is not occupied. He indicated that he has made payment on the property on Sixth Street. City Clerk Clark indicated that this account has been delinquent since July and many attempts were made to work with Mr. Iborogu. Mayor Valles directed Mr. Iborogu and the City Clerk's office to work together to bring a resolution to Mr. Iborogu's problem. RES. 1999-292 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (19) Council Member Anderson made a motion, seconded by Council Member Schnetz that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A, which have been paid prior to the hearing; that said resolution be adopted; and, that properties listed as items #3 and #28 also be removed. The motion carried, and Resolution No. 1999-292 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. BUSINESS RECRUITMENT INCENTIVES - DISCUSS & TAKE POSSIBLE ACTION (20) City Administrator Fred Wilson submitted a staff report dated November 4, 1999, wherein he describes several initiatives undertaken by the City in the last 18 months to promote job growth and business development in San Bernardino. Mr. Wilson discussed the proposed incentive programs - a utility user's tax and a development impact fee program - that reduce fees when a business proposes to occupy a previously-developed property. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the City Attorney be directed to prepare the appropriate resolutions amending Resolution Nos. 88-140, 89-510 and 93-381, and an ordinance amending Chapter 3.44 of the San Bernardino Municipal Code in order to implement the business recruitment incentives as outlined in the attached staff report, dated November 4, 1999, from Fred 13 11/15/1999 Wilson, City Administrator, and as discussed. decided, and directed by the Mayor and Common Council. 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 November 1, 1999) (22) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of December 6, 1999. BUDGET AMENDMENT - STRATEGIC EDUCATION SERVICES - STATE LEGISLATIVE SERVICES AGREEMENT (AS1) Note: Documents were not distributed in the backup material and will not be available for reference. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 6, 1999. AUTHORIZATION TO JOIN AMICUS BRIEF - MARGUERITE TREWEEK V. CITY OF NAPA (AS2) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the City of San Bernardino join in the amicus brief in support of the City of Napa. AUTHORIZATION TO JOIN AMICUS BRIEF - DANA ZELIG, ET AL. V. COUNTY OF LOS ANGELES, ET AL. (AS3) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the City of San Bernardino join in the amicus brief in support of the Zelig amicus brief. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting, page 1-2,23-25) (1 & AS4) At 10:26 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 14 11/15/1999 1. Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Marianne Barklage v. City of San Bernardino, et al. - United States District Court Case No. SACV 99-813 AHS (Anx); DeShawn Crawford v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 33527; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Georgiann Pruitt v. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-410RT (VAPx). 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: Agency Negotiator: Fred Wilson, City Administrator City Employee Organization: San Bernardino Confidential and Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 15 11/15/1999 1. Property Address: 1505 West Highland Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Clifford Hackney Under Negotiation: Purchase terms and conditions 2. Property Address: Hunts Lane/Truck Wash Site Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Alan B. Steward Under Negotiation: Purchase terms and conditions and A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson, et al. v. Economic Development Agency, et al. - Court of Appeal-State of California, Fourth District, Division Two, Case No. E021852 &. Superior Court Case No. SCV 16489. CLOSED SESSION At 10:26 a.m., Mayor Valles called the closed seSSIOn to order In the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. COUNCIL MEMBER ANDERSON ARRIVED At 10:34 a.m., Council Member Anderson arrived at the closed session. ADJOURN CLOSED SESSION/RECESS MEETING At 11:50 a.m., the closed session adjourned, and the meeting was recessed to 12:00 p.m. in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, 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 16 11/15/1999 Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark, with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Fifth Ward. Also present: Chancellor Raymond Orbach, University of California, Riverside, Lucia Ortega, Director of VECCA, University of California, Riverside, Diane Martin, Chief of Staff, University of California, Riverside, Janet Wages, Assistant to the City Administrator, June Durr, Director of Marketing and Public Affairs, Mayor's Office, Teri Rubi, Chief of Staff, Mayor's Office. PRESENTATION CHANCELLOR RAYMOND UNIVERSITY OF CALIFORNIA, RIVERSIDE. ORBACH (23) Chancellor Orbach, University of California, Riverside, discussed the expected growth of the University and indicated we should begin to engage in discussions as to how we can develop more helpful strategies through regional educational partnerships. Chancellor Orbach indicated that the University is expected to grow by 108% in ten years, with more than double the number of faculty. There was no action taken on this item - discussion only. COUNCIL MEMBER LIEN EXCUSED At 12:54 p.m., Council Member Lien left the luncheon workshop. CITY ADMINISTRATOR WILSON EXCUSED At 1:02 p.m., City Administrator Wilson left the luncheon workshop. COUNCIL MEMBER ESTRADA EXCUSED At 1:05 p.m., Council Member Estrada left the luncheon workshop. CITY ADMINISTRATOR WILSON RETURNS At 1:05 p.m., City Administrator Wilson returns to the luncheon workshop. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 1: 11 p.m., Senior Assistant City Attorney Carlyle left the luncheon workshop. 17 11/15/1999 RECESS MEETING At 1:30 p.m., the meeting recessed to 2:00 p.m. In the Council Chambers of City Hall. RECONVENE MEETING At 2:00 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: Council Member 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 2:02 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 to order. ANNOUNCEMENTS - CHAIRWOMAN VALLES (4) Chairwoman Valles stated that the Council had a very informative workshop, indicating that Chancellor Orbach spoke about the growth of the University in Riverside and developing more helpful strategies through regional educational partnerships. RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting, pages 16, 25) (AS4) At 2:04 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson, et al. v. Economic Development Agency, et al. - Court of Appeal-State of California, Fourth District, Division Two, Case No. E021852 & Superior Court Case No. SCV 16489. 18 11/15/1999 CLOSED SESSION At 2:04 p.m., Chairwoman 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: Chairwoman Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Fifth Ward. Also present: Council Member-Elect Suarez; Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel. ADJOURN CLOSED SESSION At 2: 19 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:20 p.m., Chairwoman 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: Chairwoman Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Fifth Ward. RES. CDC/1999-40 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DIANA L. SANCHEZ (CONSULTANT) TO ASSIST WITH THE IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE PROGRAM (NIP). (R24) Director of Housing and Community Development Maggie Pacheco elaborated on the Neighborhood Initiative Program (NIP) proposal, outlining the use of County NIP funds for the revitalization of seven target areas within the City of San Bernardino. Ms. Pacheco reviewed the agreement with Diana L. Sanchez (Consultant), who will work under the direction and supervision of the Housing and Community Development Director and assist with the 19 11/15/1999 implementation aspects of the NIP Agreement between the County and the Agency. Gil Navarro, 985 W. Kendall Drive, San Bernardino discussed business licenses for consultants. City Clerk Clark indicated that when an agreement is before the Council, a consultant is required to have a business license. If a contract is approved for a consultant, the City Clerk's office will follow up with the proper documentation. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC /1999-40 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. RES. 1999-293 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING EXECUTION OF A HOME AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE (NHSI) FOR THE CONTINUATION OF THE HOMEBUYER'S EDUCATION PROGRAM IN AN AMOUNT NOT-TO-EXCEED $80,000. (R25) Director of Housing and Community Development Maggie Pacheco gave a brief synopsis of the program - education of prospective homebuyers on issues such as savings, credit counseling, property maintenance, purchasing a home, financing requirements, mortgage and foreclosure counseling. Additional funds in the amount of $80,000, are needed to continue the program. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that a performance evaluation of the Homebuyer's Education Program be prepared. The motion carried and Resolution No. 1999-293 was adopted by the following vote: Council Members Estrada, Lien. McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. AGREEMENT - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) & REDEVELOPMENT AGENCY - ARDEN GUTHRIE AREA (R26) Director of Housing and Community Development Maggie Pacheco submitted a staff report dated November 8, 1999, wherein she stated that both 20 11/15/1999 staff and HUD representatives have been working together to come to an agreement on the acquisition of HUD-owned units and future HUD owned units in the Arden/Guthrie area. HUD has agreed to convey three parcels that are currently owned by HUD to the agency at HUD's cost, if the Agency ceases to use the properties for residential purposes. They will convey title to the agency for any additional units that they take title to in the north area, between now and August 2000, under the same terms and conditions. Ms. Pacheco discussed the southern end of Arden/Guthrie, indicating that HUD has agreed to sell eleven existing HUD fourplexes and any future owned HUD units to an approved Acquisition Rehabilitation Resale (ARR) Participant, Paul Chiavatti, at $64,000 each, which presents a discount greater than 50%. Prospective buyers must participate in the City's Multi-Family Crime Free and Homebuyers Education Programs. Council Member Lien requested a list of properties that have been prioritized for demolition. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission: 1) ratify the Redevelopment Committee's recommendation approving the Arden Guthrie Disposition Plan as outlined in the attached Letter Agreement from the U.S. Department of Housing and Urban Development (HUD); 2) authorize the ExecutIve Director of the Agency to execute said Letter Agreement and all necessary documents to implement such Plan; and 3) appropriate the sum of $60,000 from Community Development Block Grant Administration funds, to pay for closing costs related to the acquisition of HUD units. RES. NO. CDC/1999-41 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIR OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO EXECUTE A REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT FOR THE TIPPECANOE REDEVELOPMENT IMPLEMENTATION AREA (PEARLMAN/HOPKINS). (R27) Ronald E. Winkler, Director, Development Department, outlined previous Commission action wherein the Community Development Commission approved a Cooperation Agreement with the Inland Valley Development Agency (IVDA), to provide the City's Redevelopment Agency with authority to conduct redevelopment activities in the area north of the 1-10 Freeway between Orchard Drive and Ferree Street. Further, the Redevelopment Committee considered a request for an exclusive right to negotiate for development in the area from the Arthur Pearlman Corporation and Hopkins Real Estate Group, as venture 21 11/15/1999 partners. Agency staff noticed owners of property in the study area to submit redevelopment proposals, which could be compared to the Pearlman/Hopkins proposal. Jack Rubins, 333 S. Hope Street, Los Angeles, Attorney for In-and-Out Burger, indicated In-and-Out Burger wants to stay at the location where they presently are, and expand slightly to the north. The action todav would formally deny them any participation rights. They would like the opportunity left formally open. Mr. McGinnis reassured In-and-Out Burger that the City would do its best to assist them. Arthur Pearlman, 1137 Second Street, Santa Monica, indicated that In- and-Out Burger would be treated with the assumption that they will have the best location in the 30 acre center. They have requested to be located at the southwest corner of Laurelwood and Tippecanoe and the details of ingress and egress are presently being refined. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Community Development Commission confirm that the redevelopment proposal and statement of interest submitted by the Pearlman/Hopkins venture is most responsive to the overall redevelopment of the study area; and that said resolution be adopted. The motion carried and Resolution No. CDC/ 1999-41 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. RES. NO. CDC/1999-42 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THE 1999 LOAN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO (CITY OF SAN BERNARDINO LOANS TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY). (RS11 RES. NO. 1999-294 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE 1999 LOAN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO (CITY OF SAN BERNARDINO LOANS TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY). (RS1) 22 11/15/1999 Council Member Schnetz made a motion. seconded by Council Member Anderson, that said resolutions be adopted. The motion carried and Resolution Nos. CDC/1999-42 and 1999-294 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (28) Elvira Gallardo,1350 N. Holly Avenue, Colton, commented on vanous themes, relevant to events that are occurring or have occurred in the community. Council Member-Elect Joe Suarez thanked the Mayor and Common Council for making him feel welcome today. He thanked his campaign manager and, as he indicated, most importantly, the people who voted for him. Jaime Alvarez, 201 North "E" Street, San Bernardino, congratulated Council Members McGinnis, Anderson and Council Member-Elect Suarez on their re-election to the City Council. Mr. Alvarez distributed information to the Council regarding $251,600 that helped the City of San Bernardino. Gil Navarro, 985 W. Kendall Drive, San Bernardino, President, California Parents Association, discussed a meeting of the San Bernardino City Unified School District Board, as well as business licenses for consultants. Council Member Schnetz indicated he would like the Legislative Review Committee to look at people who are self employed vs. independent contractors. RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting, pages 1-2, 14-16, 18) (1, AS4 & S2) At 3:22 p.m., the Mayor and Common Council and the 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): Marianne Barklage v. City of San Bernardino, et al. - United States District Court Case No. SACV 99-813 AHS (Anx); 23 11/15/1999 DeShawn Crawford v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 33527; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Georgiann Pruitt v. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-410RT (VAPx). 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: Agency Negotiator: Fred Wilson, City Administrator City Employee Organization: San Bernardino Confidential and Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: 1505 West Highland Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Clifford Hackney Under Negotiation: Purchase terms and conditions 24 11/15/1999 2. Property Address: Hunts Lane/Truck Wash Site Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Alan B. Steward Under Negotiation: Purchase terms and conditions and A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson, et al. v. Economic Development Agency, et al. - Court of Appeal-State of California, Fourth District, Division Two, Case No. E021852 & Superior Court Case No. SCV 16489. and A. Conference with legal counsel - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino Municipal Water Department vs. United States of America, Department of the Army, et al. - Case No. CV 96-8867 MRP (VAPx). CLOSED SESSION At 3:22 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel. City Clerk Clark. Absent: Council Member Miller. Vacant: Fifth Ward. Also present: City Administrator Wilson and Development Department Director Winkler. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO, ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL, DEVELOPMENT DEPARTMENT DIRECTOR WINKLER EXCUSED At 3:57 p.m., Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel 25 11 /15/1999 and Development Department Director Winkler left the closed seSSIOn. ADJOURN CLOSED SESSION/MEETING (29) At 4:22 p.m. the closed session was adjourned to the next regular meeting of the Mayor and Common Council and Community Development Commission that will be held on Monday, December 6, 1999, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BY: ~.... Cathleen M. Szendr Deputy City Clerk No. of Items: 35 No. of Hours: 7.5 26 11/15/1999