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HomeMy WebLinkAbout06-03-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 3, 2002 COUNCIL CHAMBERS This is the time and place set for a joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. Pursuant to Resolution No. 2002-65, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays during the months of May, June, and July, 2002, and shall continue each Mayor and Common Council meeting to 1:30 p.m. that same day. 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/Chairman Valles at 1:42 p.m., Monday, June 3, 2002, 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/Chairman Valles; Council Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners McGinnis, Derry. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Carl M. Dameron, d.b.a. Dameron Communications - United States Bankruptcy Court, Central District of California, Case No. 01-40396; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; 1 06/03/2002 San Bernardino Hotel/Motel Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 46722; In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; City of San Bernardino v. CYSA-South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; Point Center Financial v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 84237; Stewart D. Cumming, et at v. City of San Bernardino Redevelopment Agency - San Bernardino Superior Court Case No. SCV 66744. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (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. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. I. Property Address: 544 South Crescent Avenue Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency and Larry Minasion on behalf of the Owner Under Negotiation: Purchase Terms & Conditions 2 06/03/2002 2. Property Address: 181-199 North "E" Street Negotiating Parties: Colin Strange on behalf of the Redevelopment Agency and Craig Smith on behalf of Fountainhead Development representing Starbucks Coffee Company. 3. Property Address: 455 East Hospitality Lane Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency and Matthew L. Wilson on behalf of Rancon Realty Fund Under Negotiation: Purchase Terms & Conditions City Attorney Penman announced that the following additional items would be discussed in closed session: San Bernardino Redevelopment Agency v. Carl M. Dameron, San Bernardino Superior Court Case No. SCVSS 67467; Under IB, Conference with legal counsel, significant exposure to litigation pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: a matter dealing with Agenda Item No. 29; HUD Investigation of the closure of the Cypress Mobile Home Park located on Mt. Vernon Avenue. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend David J. Kalke of Central City Lutheran Mission, followed by the pledge of allegiance, led by Jose Galvin, a fifth grade student at Bradley Elementary School. 2. Appointments There were no commission appointments. 3 06/03/2002 3. Presentations Linda Ceballos, Environmental Project Manager, Public Services Department, stated that the City's Blight Busters Program is in its fifth year. She stated that this year 11 schools held 68 cleanups with 3,800 students participating. Ms. Ceballos stated that approximately 200 teachers and staff and 35 parents volunteered their time and helped the students collect a total of 964 bags of trash throughout the year. Ms. Ceballos stated that three Youth Leadership Summits were held this year where students learned leadership skills, participated in a neighborhood enhancement project, and will hold a Beautiful Home Tour. She thanked all those who participated in the program and presented certificates of recognition to those students who were chosen to represent each school. Sergeant Dan Bloomer and Detective Brad Lawrence were recognized for their success in bringing $200,000 in grant funds to the City from the State Office of Traffic Safety for an educational and enforcement program in the Police Department. Olivia Sanchez, Environmental Projects Assistant in the Public Services Department, was recognized for her success in bringing $14,395 in grant funds to the City from the State Department of Conservation for the implementation of a beverage container recycling program at the National Orange Show Events Center. Lynn Merrill, Director of Public Services, was recognized for his success in bringing $76,792 in grant funds to the City from AQMD's Mobile Source Reduction Committee Match Program, which will benefit the City's LNG/LCNG Fueling Station Program. 4. Announcements Announcements were made by Mayor Valles, members of the Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and chamber events/activities. Fred Wilson, City Administrator, provided an update on the City's public works projects. 5. Waive full reading of resolutions & ordinances Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 4 06/03/2002 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: May 6, 2002; and May 13, 2002. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 20, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 8. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated May 28, 2002, 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. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 9. ORD. MC-1125 - An Ordinance of the City of San Bernardino amending Section 1.12.010 of the San Bernardino Municipal Code relating to recovering restitution in criminal prosecutions. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1l25 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 5 06/03/2002 10. ORD. MC-1l26 - An Ordinance of the City of San Bernardino amending Section 19.02.050 (Defmitions) and Chapter 19.06 (Commercial Districts) Section 19.06.020, Table 06.01 (permitted Uses), Table 06.03 (Specific Standards), and Section 19.06.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for hotels, motels, and extended lodging facilities. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1l26 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: II. Authorization to proceed - proposed vacation - portion of 10th Street from Montgomery Street, west to "J" Street - approve Plan No. 10468 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Director of Development Services be authorized to proceed with the proposed vacation of a portion of 10th Street from Montgomery Street, west to "J" Street, and that Plan No. 10468, depicting the proposed vacation be approved. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 12. Resolution of the City of San Bernardino approving the final map for Parcel Map No. 15358, located at the northeast corner of Highland and Del Rosa Avenue; and authorizing execution of the Parcel Map Improvement Agreement for the improvements in said subdivision, with time for performance specified. Note: No resolution was submitted with the backup material. Council Member/Commissioner Anderson made a motion, Member/Commissioner Suarez, that the matter be Council/Commission meeting of June 17, 2002. seconded by Council continued to the The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 6 06/03/2002 13. RES. 2002-148 - Resolution of the City of San Bernardino accepting Lease- Purchase Master Agreement for Sun Trust Leasing Corporation for the furnishing of lease purchase fmancing and authorizing execution of appropriate documents. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-148 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 14. RES. 2002-149 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement, with two single year renewal options, to Harris Computer Systems for maintenance and support of Unidata, SB+ and financial modules for the City's financial system and the Municipal Water Department's financial system. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-149 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 15. RES. 2002-156 - Resolution of the City of San Bernardino authorizing a Fiscal Year 2002/2003 purchase of services with Verizon California for frame relay services providing connectivity of City remote sites to City Hall. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2002-156 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 16. RES. 2002-157 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Fiscal Year 2002/2003 maintenance contract with NPA Computers Inc. for maintenance of the City's computer and networking hardware and operating system software. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 7 06/03/2002 Resolution No. 2002-157 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 17. RES. 2002-150 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-150 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 18. RES. 2002-151 - Resolution of the City of San Bernardino authorizing the renewal of the existing maintenance contract for Police and Fire Mobile Data Computers (MDCS) with Motorola Corporation of Riverside, California. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-151 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCammack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 19. Set dinner workshop - June 17, 2002 - 5:00 p.m. - Economic Development Agency Boardroom - Ehrenkratz, Eckstut and Kuhn Architects (EEK) - presentation and preparation for fmal plan - Downtown Revitalization Project Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council set a dinner workshop for June 17, 2002, at 5:00 p.m., Economic Development Agency Boardroom, for a presentation by Ehrenkratz, Eckstut and Kuhn Architects (EEK) and receive comments from Council to prepare for final plan of Downtown Revitalization Project. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 8 06/03/2002 Council Member/Commissioner Estrada stated that she had originally intended to pull Agenda No. 19 from the consent calendar. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be pulled for reconsideration and that it be held over for discussion at 7 p.m. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the prior motion to approve the item be rescinded; and that the matter be tabled. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 20. RES. 2002-152 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant in the amount of $185,700 from San Bernardino County Department of Aging and Adult Services for the administration of the Senior Nutrition Program. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-152 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 21. RES. 2002-153 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District to furnish food service for the Summer Food Service Program for Youth. Council Member/Commissioner Estrada stated that she would be abstaining on this matter because part of this program takes place at Casa Ramona, her place of employment. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 9 06/03/2002 Resolution No. 2002-153 was adopted by the following vote: Ayes: Members/Commissioners Lien, Suarez, Anderson, McCarmnack. Nays: Abstentions: Council Member/Commission Estrada. Absent: Members/Commissioners McGinnis, Derry. Council None. Council 22. RES. 2002-154 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute the agreement with the County of San Bernardino Pre-School Services Department and authorizing the Director of Parks, Recreation and Community Services Department to administer federal grants to continue the Head Start/Preschool Program at Delrnann Heights Community Center. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-154 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 23. RES. 2002-158 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute a contractual agreement with L.O. Productions to provide a carnival in conjunction with the City's annual Fourth of July celebration. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-158 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. None. Absent: Council Members/Commissioners McGinnis, Derry. Council Nays: 24. Approve - Vacant Lot Beautification Program Guidelines - direct staff to prepare fmallist of project lots for Council approval Council Member/Commissioner McCarmnack indicated she would be abstaining on this matter, as one of the subject parcels is located within 500 feet of her property. The Council suggested that the beautification be spread evenly among the wards, that its focus should be on City-owned properties first, that they be given the opportunity to decide where the largest impact would be, that the focus should include commercial arterials, and that consideration should be given to community partnering and public art. 10 06/0312002 Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Council approve the Vacant Lot Beautification Program Guidelines and that staff be directed to prepare a final list of project lots for Council approval. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson. Nays: Member/Commissioner McCarmnack. Absent: McGinnis, Derry. Council Members/Commissioners None. Abstentions: Council Council Members/Commissioners 25. Public hearing - vacation of portion of Juniper Drive, northerly of Willow Drive - portion of Willow Drive, easterly of Juniper Drive RES. 2002-155 - Resolution of the City of San Bernardino ordering the vacation of a portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive (plan No. 10419) and reserving certain easements therein. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the Findings of Fact, as set forth in the Staff Report dated May 24, 2002, from the Director of Development Services, as to why a portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2002-155 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. Nays: None. Absent: Council Members/Commissioners McGinnis, Derry. 26. Approve continuance to December 2, 2002 - Resolution approving Final Map for Tentative Tract No. 14112 - northeasterly of the intersection of Foothill Drive & Sterling Avenue (Continued from March 4,2002) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the Final Map for Tentative Tract No. 14112 be continued to the Council/Commission meeting of December 2, 2002. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCammack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 11 06/03/2002 27. Legislative Task Force Update Council Member/Commissioner Lien stated that the Leave Our Community Assets Local (LOCAL) Coalition will be working hard this month to persuade the Governor not to take local revenues. Council Member/Commissioner McCarmnack commented on her legislative trip to Sacramento. 28. Dinner Workshop - Redevelopment Update - 5 p.m. - EDA Boardroom The workshop covered several topics including organization and structure of the Commission/Redevelopment Agency, the purpose of redevelopment, redevelopment financing issues, low and moderate incoming housing, and recent and proposed legislation affecting redevelopment agencies. The Economic Development Agency submitted the following document into the record: Redevelopment Workshop Reference Book dated June 3, 2002. Recess Meeting At 6:45 p.m., Mayor/Chairman Valles recessed the luncheon workshop to 7:00 p.m. in the Council Chambers of City Hall. 29. Public hearing - General Plan Amendment No. 02-04 - change the General Plan Land Use designation from CR-2, Commercial Regional, to CG-l, Commercial General- approximately .32 acres - 725-735 North "D" Street RES. 2002-159 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-04 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from CR-2, Commercial Regional, to CG-l, Commercial General, for .32 acres located at 725-735 North D Street. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2002-159 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack. Nays: None. Absent: Council Members/Commissioners McGinnis, Derry. 12 06/03/2002 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 7: 14 p.m., Mayor/Chairman 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. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, Suarez, Anderson, McCarmnack; City Attorney Penman, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Members/Commissioners McGinnis, Derry. R30. Downtown Paid Parking Pilot Program Gary Van Osdel, Executive Director, Economic Development Agency (EDA), stated that this was not a request to initiate paid parking in the downtown area, but merely a request to authorize the Executive Director to update a parking plan for downtown as well as update the projected revenues and expenses that would be connected with a paid parking program, if ever implemented. Council Member Lien stated that she understood that new development could choose to buy into the idea of paid parking, but she could not see all of the downtown area having paid parking. Council Member/Commissioner Anderson stated that when this was discussed at the Commission meeting, her suggestion was that they would have shelf-ready a creative means to establish a ratio of parking spaces to support the growth and stability of downtown businesses. Council Member/Commissioner McCarmnack stated that the plan they were to amend was not included in the backup. She stated that without seeing that plan, she didn't know what the Council was amending, and she was not prepared to spend $20,000 to come up with a paid parking plan. Mr. Van Osdel apologized for the plan not being included in the backup and suggested that the matter be continued. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued. 13 06/03/2002 Council Member/Commissioner McCarmnack removed her second for discussion purposes. City Attorney Penman stated that this proposal is a concern to the legal community because it primarily targets parking around the courthouse and would negatively impact those who do business there. Jim Davis, Parking Commissioner for the City and owner of Davis Camera, 376 "D" Street, San Bernardino, CA, urged the Council to consider the findings and recommendations of the Parking Commission and not support paid parking in the City of San Bernardino. Mr. Davis stated that the Commission has a difficult time getting a quorum at their meetings and asked the members of the Council who have not appointed members if they could please do so. Mayor/Chairman Valles requested that EDA staff provide copies of the prior study to the Council. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the Agency be authorized to contract with AMPCO to prepare an overall study or assessment identifying the City's present and future parking needs and how paid parking will impact the business community. The motion failed by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Suarez. Nays: Council Members/Commissioners Anderson, McCarmnack. Absent: Council Members/Commissioners McGinnis, Derry. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to June 17, 2002; and that the Economic Development Agency provide to the Mayor and Council copies of the prior report (1999 Paid Parking Plan prepared by AMPCO System) along with the draft agreement and proposed detailed scope of services for a new study on downtown parking needs. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 14 06/03/2002 R31. Transfer - certain property within Central City West Project Area Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the City of San Bernardino transfer title of property known as APN: 138-122-33 to the Redevelopment Agency of the City of San Bernardino; and that the Community Development Commission accept on behalf of the Redevelopment Agency of the City of San Bernardino the property known as APN 138- 122-33 from the City of San Bernardino. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council R32. Central City North & Uptown Redevelopment Project Area Plan Amendments - Eminent Domain RES. CDC/2002-21 - 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 execute a certain Professional Services Agreement by and between the Agency and Rosenow, Spevacek Group, Inc. (RSG) provide Plan Amendment consultant services in connection with amending the Central City North and Uptown Redevelopment Project Areas to reinstate eminent domain. Council Member/Commissioner McCarmnack stated that she would be abstaining on this matter, as her business is located in the Uptown Redevelopment Project Area. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. CDC/2002-21 was adopted by the following vote: Members/Commissioners Estrada, Lien, Suarez, Anderson. Abstentions: Council Member/Commissioner McCammack. Members/Commissioners McGinnis, Derry. Ayes: Nays: Absent: Council None. Council 15 06/03/2002 R33. Proposed modifications - Acquisition, Rehabilitation & Resale (ARR) Program - new regulations - Department of Housing & Urban Development (HVD) Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission (I) Approve the proposed modifications to the ARR Program in order to comply with the 2001-30 HUD Regulations and (2) authorize staff and Agency Special Counsel to prepare modifications to the standard form of the ARR Agreement between the ARR Partner and the Agency to reflect the changes discussed in the staff report dated May 24,2002, from Maggie Pacheco. The motion carried by the following vote: Ayes: Estrada, Lien, Suarez, Anderson, McCarmnack. Members/Commissioners McGinnis, Derry. Council Members/Commissioners Nays: None. Absent: Council 34. Public Comments Jan Misquez, Vice-Chair of Westside Residents for Cleaner Air Now, 355 S. Meridian Avenue, San Bernardino, CA, provided an update on the Omnitrans fueling station issue and the continuing gas emissions. 35. Adjournment At 8:11 p.m., the Council/Commission meeting adjourned to 3:00 p.m., June 5,2002, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, June 17, 2002, in the Council Chambers of City Hall, 300 North "D" Street. However, the Mayor and Common Council will adjourn until 1:30 p.m. at which time closed session matters will be discussed. The public portion of the meeting will begin at 3:00 p.m. RACHEL G. CLARK City Clerk BY~AJ-/uff,~.-J J Linda Sutherland Deputy City Clerk No. of Items: 35 No. of Hours: 5.4 16 06/03/2002