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HomeMy WebLinkAbout08-05-2002 Minutes MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 10INT REGULAR MEETING AUGUST 5, 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. 2002-228, 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 August, October, November, and December, 2002, and shall continue each Mayor and Common Council meeting to 1:30 p.m. that same day. In September, 2002, the meeting on the first Tuesday shall be continued to 1:30 p.m. on the second Monday, and the meeting on the third Monday shall be continued to 1: 30 p. m. on the fourth Monday. 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 1:34 p.m., Monday August 5,2002, 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, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, Acting City Administrator Baude. Absent: None. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1aime 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; In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; 1 08/05/2002 City of San Bernardino v. CYSA - South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; Candice Dick v. City of San Bernardino, a governmental entity; Ronald VanRossum, an individual- Case No. EDCV 02-158 V AP (SGLx). 1essie Charles Stone v. City of Perris, County of Riverside, City of San Bernardino, County of San Bernardino and Does 1 through 50, inclusive - Case No. SCVSS 086594. 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. - Cypress Inn Mobile Home Park 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: Position Titles City Administrator (contract amendment) Code Compliance Director (contract amendment) Fire Chief (contract amendment) Executive Director, EDA (contract amendment) 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: HUB Properties Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency; and developer SBT Partners, LLC (Art Pearlman) Under Negotiation: Acquisition and disposition of all properties covered by the HUB Disposition Development Agreement 2 08/0512002 City Attorney Penman announced that the following cases would be discussed in closed session: People of the State of California v. Gary 1. Emblem, Superior Court Case No. SCVSS 64778; Fred Cole v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SSB 30594; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. Under IB, Conference with legal counsel - significant exposure to litigation: the claims of Christy Paige 10hnson, Shana Paschall, and Sertigo Murrell. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Property address: 303 W. Third Street Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency; and Wilfred C. Lemann, 303 W. Third LLC; Under Negotiation: Purchase terms & conditions. Mr. Penman stated that the following cases had been discussed in closed session: Marianne Barklage v. City of San Bernardino, et al. - United States District Court Case No. SACV02-141 GLT (ANx); San Bernardino Redevelopment Agency v. William Cooper - San Bernardino Superior Court Case No. SCVSS 67622; People v. Shanell Andino, et al. - San Bernardino Superior Court Case No. SCVSS 092667 ; People v. Verdugo Flats Gang, et al. - San Bernardino Superior Court Case No. SCVSS 092975. Mr. Penman stated that a motion was made by Council Member/Commissioner Anderson, seconded by Council Member/Commissioner Derry, that Dave Gondek of Lewis, Brisbois, Bisgaard and Smith, be hired to advise the Civil Service Board in the matter of Officer Ronald Van Rossum. 3 08/05/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Mr. Penman announced that in the matter of Fred Cole v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SSB 30594, the court ruled against the City in the matter of a sewer lateral and ordered the City to reimburse Mr. Cole for the cost of the repairs. The City introduced evidence in favor of Mr. A vila showing to the court that the City did not believe that Mr. Avila was responsible for the break in the lateral. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, to not appeal the decision, as the cost would exceed the amount of the judgment. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record 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. Invocation/Pledge of Allegiance The invocation was given by Chaplain David Randolph of San Bernardino Community Hospital, followed by the pledge of allegiance, led by Council Member/Commissioner Anderson. 2. Appointment - Tracylyn Sharrit - Park and Recreation Commission - Council Member/Commissioner Suarez (2A) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the appointment of Tracylyn Sharrit to the Park and Recreation Commission, as requested by Council Member/Commissioner Suarez, be approved. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 4 08/05/2002 Appointments & Reappointments - Various Commissions - Recommended by Council Member/Commissioner Lien (2B) Appointments: Rufus Roney - Animal Control Commission Dennis Baxter - Board of Building Commissioners Frank Schnetz - Central City Parking Place Commission Mary Sue "Susana" Atanasova - Board of Police Commissioners Anna Cox - Community Development Citizens Advisory Committee lane Ann Godager - Senior Affairs Commission Reappointments: Dennis W. Cole - Bureau of Franchises Carol A. Thrasher - Planning Commission 10hn "lack" 10seph Cone - Community Television Commission Helen Marie Carlson - Fine Arts Commission Ray H. Shaffer, 1 r. - Board of Fire Commissioners W.e. "Bill" Lemann - Main Street Advisory Board Mark David Westwood - Park and Recreation Commission Mary S. Martin - Human Relations Commission Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the appointments of Rufus Roney, Dennis Baxter, Frank Schnetz, Mary Sue "Susana" Atanasova, Anna Cox, and lane Ann Godager, and the reappointments of Dennis W. Cole, Carol A. Thrasher, 10hn "lack" 10seph Cone, Helen Marie Carlson, Ray H. Shaffer, Jr., W. E. "Bill" Lemann, Mark David Westwood, and Mary S. Martin, to their respective Commissions, as requested by Council Member/Commissioner Lien, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Appointments & Reappointments - Marilyn Sauer, alternate member - John Ragsdale, member - Joyce Martin, member - Animal Control Commission - Mayor Valles (2C) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the appointments of Marilyn Sauer, as an alternate member, and 10hn Ragsdale, as a member, and the reappointment of loyce Martin, to the Animal Control Commission, as requested by Mayor Valles, be approved. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 5 08/05/2002 3. Presentations Mike Legge, Regional Director of Western Liltle League Headquarters, introduced team representatives from 12 state champions competing for the Western Regional title, and presented the Mayor with pins from the participating teams and current regional pillS. Millicent Price, Scholarship Committee Chair, announced this year's San Bernardino Confidential and Management Association Scholarship winners: Colin M. Clark, winner of the scholarship for a graduating senior entering a four-year college; Kenneth Neil Thomsen, winner of the scholarship for a graduating senior entering a community college or technical school; and Kelly Ann Block, winner of the scholarship for an existing college student. Mayor Valles presented a Certificate of Recognition to Andrew Abrego, recipient of a one-year scholarship to live and attend school in Germany on a United States Congress and German Bundestag (Parliament) sponsored exchange program. Mayor Valles presented a Certificate of Recognition to the San Manuel Band of Mission Indians recognizing their generous college scholarship contribution of $5,000 to Mario Cruz. Accepting the award were Deron Marquez, Chairman of the Tribal Band, and lill Eaton, Director of Travel and Communication. Mayor Valles presented a Certificate of Recognition to the Construction Platoon Engineering Operation Company, Marine Wing Support Squadron #371, for their contributions to the improvements of the San Bernardino Police Pistol Range at Perris Hill Park. 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 and activities. 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, supplemental and addendum to the supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 6 08/05/2002 6. 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 luly 17, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner McCarnmack stated that she had a concern regarding one of the personnel actions; however, since the department head was not present at the meeting, she would discuss the matter with him at another time. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the personnel actions as submitted by the Chief Examiner dated luly 30, 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: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. RES. 2002-254 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution...designating certain streets, or portions thereof as through highways..." and authorizing the installation of a two-way stop at the intersection of Rexford Street and Birch Street. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-254 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 9. RES. 2002-255 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and declaring Seventh Street between Medical Center Drive and Mt. Vernon Avenue a through highway. Council Member/Commissioner Estrada stated that she would be abstaining on this matter due to the fact that the subject area is near her place of employment. 7 08/0512002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-255 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 10. RES. 2002-260 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution ...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking except by permit at any time zone on Rockford Avenue between Lynwood Drive and Marshall Boulevard, on Del Norte Place between Rockford Avenue and the terminus of Del Norte Place west of Rockford Avenue, on Del Norte Circle between Rockford Avenue and the terminus of Del Norte Circle east of Rockford Avenue, on Lomita Place between Rockford Avenue and the terminus of Lomita Place east of Rockford Avenue, and on Val Mar Circle between Rockford Avenue and the terminus of Val Mar Circle east of Rockford Avenue. Council Member/Commissioner McCammack stated that Mr. Deron Marquez, Tribal Chair of the San Manuel Band of Mission Indians, asked her to let the Council know that he supports the action taken on this matter. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2002-260 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. II. RES. 2002-256 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution...prohibiting parking upon certain designated streets, alleys, or portions thereof... " to establish a no parking any time zone on both sides of Genevieve Street between three-hundred sixty feet north of Wabash Street and the end of Genevieve Street north of Wabash Street. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-256 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. Resolution of the City of San Bernardino authorizing the execution of a common use agreement between the City and the San Bernardino County Regional Parks Division for the development and construction of the Santa Ana River Trail (SART). 8 08/05/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. City Attorney Penman stated that the subject area was in close proximity to a possible parolee rehabilitation facility and asked that the Council vote to reconsider the item and continue it for two weeks. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be reconsidered. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of August 19, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2002-261 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution...designating certain streets, or portions thereof as through highways..." and establishing a four way stop at the intersection of Ninth Street and Wilson Street. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-261 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 14. RES. 2002-257 - Resolution of the City of San Bernardino awarding a service agreement and an annual purchase order in an amount not to exceed $50,000 to The Counseling Team. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 9 08/05/2002 Resolution No. 2002-257 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2002-258 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a grant in the amount of $42,166 from the Community Foundation, Morongo Basin Health Initiative for the Senior Companion Program (SCP). Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-258 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 16. RES. 2002-259 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District relating to the delivery of Type A lunches and Schedule B snacks to City's Delmann Heights Headstart Center. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-259 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCarnmack. Nays: None. Absent: None. Council Anderson, 17. Item deleted. 18. Item deleted. 19. RES. 2002-262 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement with the City of San Bernardino and Western Regional Little League Baseball for financial assistance from the FY 02/03 Civic and Promotion Fund. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; that direct funding in the amount of $5,000 from the FY 02/03 civic and promotion funding be approved; that indirect funding in the amount of $47,210 be transferred from the FY 02/03 civic and promotion fund to various city departmental accounts as listed in the attached staff report dated luly 9, 2002, from Fred Wilson, City Administrator; and that a waiver of fees and use of city personnel and equipment be authorized in the conduct of their 2002 tournament season. lO 08/05/2002 The motion carried and Resolution No. 2002-262 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. Item deleted. 21. Appeal hearing - Bureau of Franchise - petition for Franchise Permit - AAA Inland Empire Cab Company (Continued from July 15, 2002) Mayor/Chairman Valles opened the hearing. leff Navidi, owner of AAA Inland Empire Cab Company, stated that he and his partners started the company in 200 I, and it was their dream to provide quality transportation and good service to the people of San Bernardino and the Inland Empire. Mark Edwards, attorney representing AAA Inland Empire Cab Company, stated that they were appealing the decision of the City Franchise Bureau denying an application for AAA Inland Empire Cab Company to operate in the City and allowing the current monopoly held by Bell Cab/Yellow Cab to continue. He stated that the grounds for their appeal were that they believe the Franchise Bureau based its decision on false information that was provided at the hearing using an erroneous standard. Mr. Edwards stated that at the Franchise Bureau lIleeting, he had pointed out that there were only 19 persons licensed to operate taxicabs in the City of San Bernardino and of those 19, 7 no longer work for Bell Cab/Yellow Cab, leaving 12 drivers remaining to serve the City of San Bernardino. Scott Schaffer of Bell Cab/Yellow Cab told the Bureau that the number of cabs dispatched in the City of San Bernardino fluctuates, but that all the drivers are currently licensed. Mr. Schaffer stated that they had not less than 35 cabs running during the day and between 25-30 and up to 40 cabs running at night. Mr. Edwards stated that a list of licensed drivers was obtained from the City Clerk's Office that indicated there are 18 licensed drivers in the City of San Bernardino and that only 12 of those drivers work for Bell Cab/Yellow Cab. Mr. Edwards stated that records indicate that the City is being underserved by its single existing franchise taxicab company and that this alone was enough to warrant a finding of convenience and necessity. Mr. Edwards stated that the Franchise Bureau members made it clear that they were denying the franchise to AAA Inland Empire Cab because they had failed to show that there were citizens that could not obtain taxi service. Mr. Edwards stated that in their presentation to the Franchise Bureau they attempted to demonstrate the need for a second taxicab company, not by focusing on the inadequacies of the current service, but by focusing on the promised advantages of competition. Mr. Edwards stated that the standard is public convenience and necessity, not whether or not there are riders who cannot get taxis. The California Supreme Court addressed that standard by stating that "any improvement which is highly important to the public 11 08/0512002 convenience and desirable for the public welfare may be regarded as necessary." Mr. Edwards stated that they felt they demonstrated that to the Franchise Bureau when they showed that competition means better, faster, and cheaper taxi service. He stated that they presented study after study showing the advantages of competition and the harmful effects of a monopoly. They included a study by 10hn Husing, which specifically looked at the local taxicab market and concluded that service would improve locally if competition were entered into the market. Mr. Husing's study pointed out that in mid- size cities in California, San Bernardino and Riverside were unique in having only a single provider of taxicab services. Mr. Edwards stated that San Bernardino now stands alone as having a single provider of taxi services because the Riverside City Council recently voted to end Bell Cab/Yellow Cab's monopoly and grant AAA Inland Empire Cab Company a franchise. Mr. Edwards stated that for a long time, San Bernardino had a number of holders of franchises to operate taxicabs, the smaller ones surviving by providing a higher level of service at a lower cost. But Yellow Cab bought up all of the small providers, until in 1998 they were the only provider left in the City. In that year, Bell Cab Company came to town and asked for a franchise to operate in San Bernardino and promised to bring competition and all its advantages back to the City. The Franchise Bureau granted the requested franchise; however, within a few months Bell Cab bought out Yellow Cab and the City was once again left with a single provider. Promises made to the Franchise Bureau by Bell Cab included a shorter response time, the availability of handicapped vans, the availability of a large number of cabs, uniformed drivers, new cab stands, and the availability of taxicabs equipped with child safety seats. Mr. Edwards asked the Council to review the following factors as noted in the City's Municipal Code: 1) public demand for service. 2) adequacy or inadequacy of the service being rendered by other carriers, 3) the effect of service on traffic, 4) fiscal responsibility of the applicant, 5) the amount of wages to be paid to employees, and 6) character of the equipment to be furnished. Mr. Edwards stated that there is a single overriding factor that weighs in favor of granting AAA Inland Empire Cab Company a franchise, and that is competition. Without competition, Mr. Edwards stated that service would languish and would remain expensive. With competition, service from both companies would improve as they both seek to expand market share and ridership. He requested that AAA Inland Empire Cab be authorized to operate at a rate that is ten cents lower per flag drop and ten cents lower per mile than the rate currently charged by Bell Cab/Yellow Cab. Bill Lemann, attorney representing Bell Cab/Yellow Cab, stated that while some of the things Mr. Edwards said were correct, there is no need for two taxi services in the City of San Bernardino. He stated that Bell/Yellow is the successor to part of the Yellow Cab Company that has operated in the City of San Bernardino for decades, and they spent a significant amount of money to buy the company and for the switching stations to distribute the cabs to the City. Mr. Lemann stated that anyone can come in and attempt to buy into the market, but there is only so much competition, so many people 12 08/05/2002 who need rides in the City of San Bernardino. He stated that if there is another franchise in the City of San Bernardino, someone will be put out of business, and as they are put out of business, service will ultimately decrease and costs will go up. Scott Schaffer of Bell Cab/Yellow Cab, stated that there appeared to be inconsistent information received from the Police Department and the City Clerk's Office. He stated that he was told that there were 46 licensed drivers in the City. Cindy Buechter, Business Registration Supervisor, stated that currently there are 12 drivers with Bell Cab/Yellow Cab that do have City business licenses. There are 16 drivers that have recently been approved by the Police Department that need to come in and get their business licenses. Four drivers are pending approval by the Police Department, which leaves the City with a total of 32 drivers that are either licensed or are in the process of getting their license. Mr. Schaffer stated that he has no problem competing for this franchise. He stated that it has not been shown that there are a plethora of problems. Seniors rarely call cabs because they are so expensive. He stated that their insurance rates went up 50 percent and are expected to go up another 50 percent next year. He also stated that they have lost almost 4,000 trips per month that were subsidized by Omnitrans for the "dial-a-cab program. " Mr. Schaffer addressed the promises that were made and broken according to Mr. Edwards. Mr. Schaffer stated that they are working to improve response times. They do not have a demand for wheelchair accessible taxicab services. They operate cabs so that the drivers can make a reasonable return on their efforts. Because they are independent contractors, drivers cannot be mandated to wear uniforms. His drivers have stations all over the City and they tend to migrate to where business patterns develop. Mr. Schaffer stated that like the wheelchair issue, they thought a child safety seat in every cab was innovative and would help business, but it really hasn't. He stated that as Mr. Edwards had indicated, it is against the law, but it is the responsibility of the person bringing the child to provide his or her own safety seat. Mr. Schaffer stated that no overwhelming evidence was submitted to prove that competition would improve cab service. He stated that many cities were left out of Dr. Husing's study, which was paid for by AAA Inland Empire Cab Company, and he produced the result that he was paid for. Mr. Schaffer stated that he did not know how AAA could provide service at ten cents lower per mile when currently Bell Cab/Yellow Cab is providing service locally at $1.80 per mile. in the high desert at $2.40 per mile, and in Palm Springs at $2.60 per mile. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, who spoke in favor of granting the appeal, that they would provide true and honest testimony: Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA; 13 08/05/2002 John Ania Sr., a resident of Colton, CA; Patrick Caffery, 205 E. Hospitality Lane, San Bernardino, CA; Peter Withers, Vice-President of AAA Inland Empire Cab Company, 3000 Date Street, Riverside, CA, who read a statement from Dale Strange, Director of Sales and Marketing, Hilton Hotel, San Bernardino, CA. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, who spoke in favor of upholding the Bureau of Franchises' denial of the franchise permit, that they would provide true and honest testimony: Kareem Gates, 1902 Palm Avenue, San Bernardino, CA; Hilda Miranda, 1777 N. Arrowhead Avenue, San Bernardino, CA; Alfredo Gonzalez, 9850 Sunwest Lane, San Bernardino, CA; Greg Goumashyan, 15234 Monterey Avenue, Chino Hills, CA. Council Member/Commissioner McCarnmack made a motion that the Mayor and Common Council sunset the franchise in 6 to 12 months, rewrite the ordinance, and then offer an RFP to cab companies that would like to compete in the City of San Bernardino. The motion failed for lack of a second. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that the matter he referred to the Legislative Review Committee for thorough review, and that the services of Bell Cab/Yellow Cab be continued. (There was no vote taken.) City Attorney Penman advised the Council that since this was a quasi-judicial hearing they had to make a decision either to grant or deny the appeal based on the evidence provided. He advised the Council that if they chose Motion No.2, to grant the appeal, they would have to make the determination whether or not the current holder shall have the right to increase the number of such vehicles in the same proportions that the total increase bears to the number of such vehicles theretofore operated by the holder; or whether the applicant should be granted a permit to provide such service. Mr. Penman stated that if the Council chose Motion No. I, to deny the Petition for Franchise Permit for AAA Inland Empire Cab, they could then decide if they wanted to refer the matter to the Legislative Review Committee. Mr. Penman stated that if the 14 08/0512002 Council chose Motion No.2, they could refer the matter back to the Franchise Bureau for them to make the determination of whether or not the current holder would have the right to increase the number of vehicles or whether the applicant should be granted the permit. Council Member/Commissioner Derry stated that when it comes to granting franchises, it is not about true competition, it is about a system where the government chooses who can and cannot participate. He stated that he has not seen any evidence provided that shows that the operation of two taxicabs would be better than one. They provide a service based on the needs of the community and if there was a need for 70 cabs to be running in San Bernardino, Bell Cab/Yellow Cab would have those cabs out there because they would be making a bigger profit. Council Member/Commissioner Lien stated that the issue should be looked at regionally because it appeared as though neighboring cities were allowing AAA Inland Empire Cab to come into their areas. She stated that there was no guarantee that if AAA came to the City that things would get better, and there was no guarantee that if the City kept Bell Cab/Yellow Cab, that the situation would get any better. Ms. Lien stated that she felt the applicant has shown that there is a need for public convenience and necessity. Council Member/Commissioner Derry made a substitute motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council uphold the Bureau of Franchises' denial of a Petition for Franchise Permit for AAA Inland Empire Cab to operate 25 taxicabs in the City of San Bernardino. The motion failed by the following vote: Ayes: Estrada, Derry, McCammack. Nays: Council McGinnis, Suarez, Anderson. Absent: None. Council Members/Commissioners Members/Commissioners Lien, Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council overturn the Bureau of Franchises' denial of a Petition for Franchise Permit for AAA Inland Empire Cab to operate 25 taxicabs in the City of San Bernardino. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that the matter be referred back to the Bureau of Franchises to determine whether the current holder of the permit shall be allowed to increase the number of vehicles in the same proportions that the total increase bears to the number of such vehicles theretofore operated by the holder; or to grant the permit to the applicant. 15 08/05/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the City Attorney be directed to prepare the necessary findings, and that the matter be continued to the Council/Commission meeting of August 19, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the existing ordinance concerning taxicabs (MC 5.76) be referred back to the Legislative Review Committee for review. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Recess Meeting At 6:13 p.m., Mayor/Chairman Valles recessed the meeting to 7:00 p.m. III the Council Chambers of City Hall. At 7:22 p.m., the Council/Commission meeting reconvened and the remaining City items were discussed. 22. Authorization to proceed - proposed annexation of three County islands - located generally east of Central Avenue, north of Atlantic Avenue (Continued from luly 15, 2002) City Attorney Penman declared a conflict of interest and stated that Special Counsel Sabo would advise the Mayor and Council on this matter. Gerald Rolandson, 27515 Oleander, Highland, CA, stated that he did not want to be annexed into the City of San Bernardino. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Anderson, that the Director of Development Services be authorized to initiate proceedings for the annexation of three County islands generally located east of Central A venue, north of Atlantic A venue, under the provisions of Assembly Bill 1555. 16 08/0512002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. Personnel Contract Amendments - City Administrator - Code Compliance Director - Fire Chief - Executive Director, EDA (Continued from luly 15, 2002) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council approve the personnel contract amendments for the City Administrator, Code Compliance Director, Fire Chief, and the Executive Director, EDA. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. City Clerk Clark stated that an additional motion was required authorizing the Finance Director to amend the budget to implement the provisions of the employment contracts. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the Finance Director be authorized to amend the budget as necessary to implement the provisions of the employment contracts. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. City Clerk Clark stated that the above motion did the following: approved the third amendment to the employment agreement between Glenn Baude and the City of San Bernardino, which was extended from September 30, 2002, and would terminate 90 days after the current term of the current Mayor expires, at Range 4574, Step 13; Approved the second amendment to the employment agreement between Gary Van Osdel and the Community Development Commission, which was extended from August 10, 2002, and would terminate 90 days after the current term of the current Mayor expires, with compensation set as outlined in Paragraph 3 of the Agreement; Approved the second amendment to the employment agreement between Fred Wilson and the City of San Bernardino, which was extended from September 30, 2002, and would terminate 90 days after the current term of the current Mayor expires, with compensation set as outlined in Paragraphs 3 and 7 of the Agreement; and Approved the second amendment to the employment agreement between Larry Pitzer and the City of San Bernardino, which was extended from September 30, 2002, and would terminate 90 days after the current term of the current Mayor expires. 17 08/0512002 24. RES. 2002-263 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract for services between the City of San Bernardino aud the City of Lorna Linda for full service Animal Control and rescinding the current contract with Lorna Linda for Animal Sheltering services, Resolution 2001-201. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; that the Director of Finance be authorized to amend the FY 02/03 adopted budget to increase Animal Control revenues by $75,700 and do a corresponding increase in the Animal Control expense budget as noted in the staff report dated luly 10, 2002, from Ion Cicirelli, Director of Animal Control; that the addition of one Animal Shelter Specialist (Range 1301- $1,992-$2,421 per month) be authorized; and that the Human Resources Department be directed to update Resolution 6413, Section Thirteen, and Resolution 97-244 as needed to reflect this action. The motion carried and Resolution No. 2002-263 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. Resolutions authorizing execution of contracts - hearing officer & Inland Valley Arbitration Mediation Service (IV AMS) - hearing officer services RES. 2002-264 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between William Holt and the City of San Bernardino for hearing officer services. (25A) RES. 2002-265 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Inland Valley Arbitration Mediation Service (IV AMS) and the City of San Bernardiuo for hearing officer services. (25B) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolutions A & B, be adopted; and that the Director of Finance be authorized to amend the FY 2002/03 budget as reflected in the staffreport dated luly 29, 2002, from Fred Wilson, City Administrator. The motion carried and Resolution Nos. 2002-264 and 2002-265 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2002-266 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of purchase orders for the purchase of computer equipment and its companiou maintenance agreement and authorizing the City Attorney to execute said maintenance agreement. 18 08/05/2002 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-266 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. Resolution submitting ballot measure - prohibition of Safe & Sane Fireworks - Resolution calling Special Municipal Election Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a ballot measure prohibiting Safe and Sane Fireworks in said City, effective July 5, 2005; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (27 A) Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election to allow the voters to decide on the adoption of an ordinance which would prohibit safe and sane fireworks in the City of San Bernardino, effective July 5, 2005, and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 5, 2002 Statewide General Election conducted by the County of San Bernardino. (27B) Chief Pitzer shared some statistics the Fire Department gathered over the 4th of luly holiday regarding service calls. He stated that there were a lot of complaint calls, but because resources were limited, the number of citations was low. Mayor Valles stated that the City is looking at its ordinances and planned to tighten its procedures relative to the sale and use of fireworks. She stated that it was no accident that the County of Riverside has banned the sale and use of fireworks, and that surrounding cities in the County of San Bernardino have banned the sale and use of fireworks with the exception of six cities. She stated that there are some nonprofit organizations that have found other ways to raise funds to serve the youth and indicated that she felt the purpose of the sale of Safe and Sane Fireworks is not compatible with the purposes for which the funds are used. The following individuals spoke in opposition to the prohibition of Safe and Sane Fireworks and/or placing the measure on the ballot: Lydia Villalba, resident of the City of Colton; Candy Stallings, 505 N. Arrowhead, San Bernardino, CA; Jennifer Wertz, 505 N. Arrowhead, San Bernardino, CA; Peggy Baker, 2851 Valencia, San Bernardino, CA; Ray Shaffer, Jr., 1822 N. Kenwood Avenue, San Bernardino, CA; Cheri Bronstrup, 2842 Fremontia Drive, San Bernardino, CA; 19 08/05/2002 John Kelly, 555 N. Gilbert, Fullerton, CA; Mary Corrao, 3175 Casa Loma Drive, San Bernardino, CA; Deb McKenzie, 3175 Casa Lorna Drive, San Bernardino, CA; Larry Lee, 1699 Sheridan Road, San Bernardino. CA; Chas Kelley, 5066 Varsity Avenue, San Bernardino, CA; James Smith, 1156 E. 24th Street, San Bernardino, CA; Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA. The following individuals spoke in favor of the prohibition of Safe and Sane Fireworks and/or placing the measure on the ballot: Susan Dawson, 3716 Hemlock Drive, San Bernardino, CA; James T. Hall, 1688 Massachusetts Avenue, San Bernardino, CA; Rick Waller, 3139 N. "E" Street, San Bernardino, CA; Cheryl Benner, 3139 N. "E" Street, San Bernardino, CA; Carol A. Voodre, 3047 N. Pershing Avenue, San Bernardino, CA; Jacinta Valdez, 6833 Del Rosa Drive, San Bernardino, CA; Roy Ferguson, 288 E. 47th Street, San Bernardino, CA; Mary Cox, 219 E. 44th Street, San Bernardino, CA; Mike McDaniel, 7182 Garden Drive, San Bernardino, CA. Council Member/Commissioner Lien stated that even though she did not support the use of fireworks, she felt this issue should not have been placed on the agenda because she believed it would divide the City. Council Member/Commissioner Estrada stated that she was not convinced that Safe and Sane Fireworks were the cause of the major tragedies that have occurred, and did not feel that the Council should be able to make decisions for other communities. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions A & B, be adopted. The motion failed by the following vote: Ayes: Council Members/Commissioners Anderson, McCarnmack. Nays: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez. Absent: None. Mayor Valles expressed her disappointment with the outcome and stated that the easiest thing would have been to just ban fireworks, which is what other communities have done. City Clerk Clark stated that her office was currently in the process of reviewing the procedures and policies regarding fireworks, and suggested that the matter be revisited in about three months. 28. Selection of authors relative to ballot arguments on measures before the voters at the City's Special Municipal Election to be held on November 5, 2002 20 08/05/2002 City Attorney Penman suggested that the Mayor be the individual designated to author the argument in favor of the Transient Lodging Tax. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor, with co-authors of her choice, be authorized to write ballot arguments in favor of the Transient Lodging Tax, going before the voters at the City's Special Municipal Election to be held on November 5, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Mayor Valles suggested that the City Attorney be authorized to select the authors to write ballot arguments for measures in favor of the Mayor's salary and the Council Members' salary. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Anderson, that the City Attorney be authorized to select the authors to write ballot arguments in favor of the Mayor's Salary and the Council Members' Salary, going before the voters at the City's Special Municipal Election to be held on November 5, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner Lien. Absent: None. 29. Ordinance of the City of San Bernardino amending certain sections of Chapter 5.14 of the San Bernardino Municipal Code relating to entertainment-dances and adult entertainment. FIRST READING City Attorney Penman stated that the ordinance was updated to comply with both state and federal law as expressed by both statutes and court decisions. Senior Assistant City Attorney Carlyle noted that the following documents were distributed to the Mayor and Council: Adverse Secondary Effects Studies Regarding Adult Businesses, Agenda Item No. 29, August 5, 2002; the current ordinance; a "strike-out" version showing the additions and deletions to the current codified ordinance; and the proposed ordinance. Mr. Carlyle stated that there were substantive changes to the Findings. He stated that a study of nine different cities as to the adverse secondary affects of adult entertainment clubs and a summary of those studies was included in the backup material to the Mayor and Council. He indicated that the City Attorney's Office also reviewed numerous cases that were decided and that those cases were referenced in the Findings as well. 21 08/05/2002 Some of the prior requirements that were viewed as additional requirements under the current ordinance were changed to operational standards so that they are not a condition of approval for the issuance, but a condition that must be complied with after the issuance of a permit. Another change was to the requirements concerning the Hearing Officer who would hear the appeals, if any, from the City Clerk's determination on whether or not to grant the license or to revoke or suspend the entertainnlent license, as well as shortening the timeframe so that if the applicant is aggrieved with the decision, he would be entitled to due process not only though the administrative process, but also in the courts. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Development Permit Type I No. 02-120 - determination of public convenience or necessity - Type 21 Liquor License for grocery store located at 570 S. Mt. Vernon Avenue - Fiesta Food Warehouse Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council approve Development Permit Type I No. 02-120 and determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off-sale general) liquor license for a grocery store located at 570 S. Mt. Vernon Avenue. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner McGinnis. 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 II :30 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino 10int Powers Financing Authority/San Bernardino Park Acquisition 10int 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, McGinnis, 22 08/0512002 Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None. R31. Resolutions authorizing funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure - awarding a contract to Fibrwrap Construction, Inc. for seismic retrofit - approving Amendment No. 2 to Professional Services Agreement with Ty Lin International-McDaniel for inspection and materials testing of the Five-Level Parking Structure RES. CDC/2002-28 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure and making findings and determinations as to the benefit to the various Redevelopment Project Areas of undertaking public improvements in connection with the Five-Level Parking Structure. (R31A) RES. 2002-268 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure and making findings and determinations as to the benefit to the various Redevelopment Project Areas of undertaking public improvements in connection with the Five-Level Parking Structure. (R3IB) RES. 2002-269 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Fibrwrap Construction, Inc. for seismic retrofit and repair of City's Five-Level Parking Structure, per Plan No. 10304-A. (R31 C) RES. 2002-270 - Resolution of the City of San Bernardino approving Amendment No.2 to Professional Services Agreement with Ty Lin International-McDaniel for inspection and material testing for 5-Level Parking Structure Phase 1. (R3ID) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission adopt resolution A; that the Community Development Commission authorize the Economic Development Agency to appropriate and expend a total of $1,489,100 as outlined in the staff report to cover, in part, the cost of construction, inspection, and plan checking for seismic retrofit of the Agency's five-level parking structure; and that the Mayor and Common Council adopt Resolutions B, C, and D, and authorize the Director of Finance to amend the FY 01/02 and FY 02103 budget and appropriate a total not to exceed amount of $35,900 from 1/2 Cent Sales & Road Tax Fund, as outlined in the staff report. 23 08105/2002 The motion carried and Community Development Commission Resolution No. CDC12002-28 and Mayor and Common Council Resolution Nos. 2002-268, 2002-269, and 2002-270 were adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Estrada. 32. Public Comments Joe Solis, 2734 Cincinnati Street, San Bernardino, CA, stated that the Building Department granted a permit to erect a crib wall without following the proper procedures. The wall was not to exceed 3 meters or about 9 feet, and is actually up to 12 feet high in certain areas. Mr. Solis stated that the neighbors have safety concerns and they want to know who would claim responsibility in the event someone gets hurt. Ken Bush, 2714 Cincinnati Street, San Bernardino, CA, stated that he has had problems with rocks falling from the crib wall. Anthony Blacksher, 2724 Cincinnati Street, San Bernardino, CA, stated that Covenant Development did not comply with its own plans that were submitted to and approved by the City. Lawrence Holzhauser, 6395 Toledo Lane, San Bernardino, CA, stated that the residents did not approve the crib wall. Kimberly Thomas, 2764 Cincinnati Street, San Bernardino, CA, stated that the crib wall is unacceptable and it has caused property values to drop. She stated that a member of the Physics Department from Cal State reported that the aerodynamics of the wall has created an unpredictable situation especially when the wind blows. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about the transportation of nuclear waste through Southern California. Hector Luna, 1225 Reece Street, San Bernardino, CA, voiced his concern regarding a parking citation he had received. Sl. Discuss & take possible action - proposed First Amended Joint Plan of Reorganization - bankruptcy of Metricom, Inc., Metricom Finance, Inc., Metricom Investments DC, Inc., Metricom DC, L.L.C., Metricom New York, L.L.C. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council direct the City Attorney's Office to register a vote approving the First Amended 10int Plan of Reorganization guaranteeing that the City would receive 20 percent of the value of its claim, and to stay in Class 4. 24 08/0512002 The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. S2. RES. 2002-267 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement between the City of San Bernardino and "The Gents" for civic and promotion funding from the FY 02/03 budget to assist in the conduct of the "Salute to the Route" event. The following individuals spoke in favor of the agreement: John Coute, 3083 N. Pepper, Highland, CA; Joe Rodriguez, 2876 Ridgeview Road, San Bernardino, CA; Angelina Flores, 2060 Mesa Street, San Bernardino, CA; Danny Flores, 2060 Mesa Street, San Bernardino, CA, thanked the supporters of the "Salute to the Route" event. He stated that the forms he had to fill out were very confusing, and that the actual amount he needed for the event was approximately $9,360. Mayor Valles stated that she recognized the amount of work that the Flores family has put into the event, and felt that the Ways and Means Committee did what they had to do given the information they had at the time. She stated that she would assist them using funds from her budget. Council Member/McCammack stated that a misunderstanding arose from the fact that the event looked like it was profitable and that the agreement stated that no funds would be given to another organization and the funding was to be used specifically for this event. Ms. McCammack stated that approximately $14,000 of the $20,000 the City has given to the event in the last two years has gone back to the "The Gents" for scholarships, but that was not the purpose of the funding. She stated that if the $14,000 had been put aside, "Salute to the Route" would have been self-sufficient by now. Ms. McCammack stated that the goal of the Ways and Means Committee is that all non-profit organizations find a way to become self-sufficient, because the City wants to fund other civic and community events. She stated that the Committee worked very hard to figure out a way to fund the full $10,000, but they knew that this kind of event takes many sponsorships, not just one. Council Member/Commissioner Estrada stated that she could not criticize Mr. and Mrs. Flores for passing the money through "The Gents" for scholarships, because the "Salute to the Route" is not a 501(c)3 (non-profit) organization. City Attorney Penman commended the Ways and Means Committee for finding serious legal problems that the Council had let go by for years. As a result, he stated that they have revised the agreement and that the Parks and Recreation Department would be 25 08/05/2002 revising their policy and would require bonds. Mr. Penman stated that it was learned that the "Salute to the Route" is not a 50 I (c)3 organization, so the agreement is now with "The Gents", which is a 501(c)3 organization. The Committee also found out that no requirement was being made that the insurance be presented to the City to show that the City was being named as an additional insured. Mr. Penman also noted that the agreement provides that any unexpended funds should be returned to the City by the organization. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; that direct funding in the amount of $5,000 from the FY 02/03 civic and promotion fund be approved; that indirect funding in the amount of $4,966, plus the cost of a damage bond be transferred from the FY 02/03 civic and promotion fund to various city departmental accounts as listed in the staff report; and that a waiver of fees and use of city personnel and equipment be authorized to assist in the 2002 Salute to the Route event scheduled for September 21,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. RASl. Tippecanoe Retail Project (HUB) - Operating Memorandum & Indemnity Agreement Note: This item was not discussed in open session and no formal action was taken. 33. Adjournment The meeting adjourned at 12:56 a.m. The next joint regular meeting is scheduled for 8:00 a.m., Monday, August 19, 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~~ LlIlda Sutherland Deputy City Clerk No. of Items: 36 No. of Hours: 10.2 26 08/05/2002