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HomeMy WebLinkAbout03-04-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 4, 2002 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 9 a.m., Monday, March 4,2002, in the Council Chambers of City Hall, 300 North "0" 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, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Invocation/Pledge of Allegiance The invocation was given by Father Gerry Leonard, Pastor of Saint Anne's Church, followed by the pledge of allegiance, led by Mr. Donald Derry, father of Councilman-elect Neil Derry, and Stephen Morales, godson of Council Member/Commissioner Estrada. Inaugural Ceremony A swearing-in ceremony was held for Mayor Judith Valles, Councilwoman Esther Estrada, Councilwoman Susan Lien, and Councilman Neil Derry, followed by a reception. Council Member/Commissioner Schnetz Excused At 10:15 a.m., Council Member/Commissioner Schnetz left the Council/Commission meeting and was replaced by Council Member/Commissioner Derry. Moment of Silence Mayor/Chairman Valles requested that a moment of silence be observed in memory of retired Superior Court Judge Thomas Haldorsen and Abelardo Villareal. 1. Appointment Planning Commission Member/Commissioner Derry John Coute Council Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the appointment of John Coute to the Planning Commission, as requested by Council Member/Commissioner Derry, be approved. 1 03/04/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 2. Presentations Mr. and Mrs. Gilbert Parra expressed their gratitude to everyone who was instrumental in organizing the "Derek Parra Day" activities. Ralph Affaitati, President of the San Bernardino Area Chamber of Commerce, presented gold medals to several individuals and organizations that helped make "Derek Parra Day" a success. Mayor Valles and Councilwoman Lien presented Certificates of Recognition to members of the City's PACERS Team who participated in and completed the Los Angeles Marathon. A proclamation designating March 2002 as "Women's History Month" was presented to Veronica Rivera, this year's co-chair of the Women of Achievement Committee. 3. Announcements Announcements were made by the Mayor and Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and Chamber events/activities. Mayor Valles provided an update on the City's public works projects. 4. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 5. Council Minutes Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: December 17, 2001. 2 03/0412002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6. Claims and Payroll Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 25, 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 Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions as submitted by the Chief Examiner dated February 25, 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. ORD. MC-l117 - An ordinance of the City of San Bernardino amending Section 3.44.131 of the San Bernardino Municipal Code relating to Utility User's Tax Rebate Program as it applies to new and expanding businesses. FINAL READING Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-l117 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. RES. 2002-66 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, D' Amato, Brisbois & Bisgaard and the City of San Bernardino to represent the City in the case of Vibhakerbhai Patel, et al. v. City of San Bernardino, et al. 3 03/0412002 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-66 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. RES. 2002-67 - Resolution of the City of San Bernardino amendiug 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 the east side of Tippecanoe Avenue between Ninth Street and Base Line Street. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-67 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. RES. 2002-68 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16225, located at the southeast corner of Hill Drive and Third Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-68 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2002-69 - Resolution of the City of San Bernardino confirming fair market value and minimum sale price for certain City owned real property generally located at the southwest corner of Orange Show Road and Waterman A venue in said City and giving notice inviting competitive sealed and oral bids for the sale of said property. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-69 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 4 03/04/2002 13. RES. 2002-70 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Laird Construction Co. Inc., for pavement rehabilitation on Rialto Avenue from Waterman Avenue to Lena Road, per Plan No. 10152. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-70 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, l.ien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2002-71 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding purchase orders to Adair Office Furniture and Office Depot for the Development Services Department public counter reconfiguration. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-71 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2002-72 - Resolution of the Mayor aud Common Council of the City of San Bernardino authorizing the submittal of a grant application to the Children and Families Commission (CFC) for San Bernardino County in the amount of $162,367. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-72 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Note: Agenda item Nos. 16, 17, and 22 were discussed simultaneously. 16. RES. 2002-73 - Resolution of the City of San Bernardino amending Resolution No. 6413, Section Ten, entitled in part, "A Resolution. . . establishing a basic compensation plan. . . "; by updating information codifying prior Council actions (General Unit). (See related Agenda Item Nos. 17 & 22 - pages 6 & 8) (16A) 5 03/04/2002 RES. 2002-74 - Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution. .. establishing a basic compensation plan. . .," by codifying prior Council actions (Middle- Management Unit). (16B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolutions A & B, be adopted. Resolution Nos. 2002-73 and 2002-74 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2002-75 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Twelve and Fourteen, entitled in part, "A Resolution. . . establishing a basic compensation plan. . .," by updating information codifying prior Council action (Management/Confidential and Unclassified). (See related Agenda Item Nos. 16 & 22 - pages 5 & 8) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-75 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. RES. 2002-77 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement between the City of San Bernardino and the San Bernardino City Unified School District for financial assistance in the amount of $5,000 from Asset Forfeiture funds in support of the Junior Police Academy at Lytle Creek Elementary School. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001/2002 adopted budget and appropriate $5,000 from the Asset Forfeiture Fund balance to Account No. 108-271- 5505 (Asset Forfeiture Professional/Contractual) to fund the Junior Police Academy at Lytle Creek Elementary School. The motion carried, and Resolution No. 2002-77 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6 03/04/2002 19. Public hearing - resolution imposing liens on certain parcels of real property - uncollected business registration fees RES. 2002-64 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor Valles opened the hearing. No public comments were received. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A of the staff report from Rachel Clark dated February 11, 2002, which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 2002-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. RES. 2002-65 - Resolution of the Mayor and Common Council of the City of San Bernardino directing the City Clerk to continue the commencement of each Mayor and Common Council meeting for the months of May, June and July, 2002, to 1:30 p.m. on the day of said meeting, with the Community Development Commission meeting to follow thereafter. (Continued from February 19, 2002) Lenore Manak, President of the l.eague of Women Voters, 7247 Yarnell Road, Highland, CA, stated that citizens should be given the opportunity to speak before the Council, and indicated that she supported approval of the resolution. Concerns were raised as to the added cost and staff availability after normal working hours; however, it was the consensus of the Council that by having evening meetings, members of the public would be able to attend without having to use valuable vacation time. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted; and that public comments be taken no later than 9 p.m. The motion carried, and Resolution No. 2002-65 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Anderson, McCammack. Nays: Council Members/Commissioners McGinnis, Suarez. Absent: None. 7 03/04/2002 21. RES. 2002-78 - Resolution of the City of San Bernardino authorizing and directing execution of an amendment to grant of easement documents for Southern California Edison Company across City-owned property located between 4th Street and 5th Street, east of the Lytle Creek Flood Control Channel (Nunez Park). (Continued from February 19, 2002) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-78 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2002-76 - Resolution of the City of San Bernardino approving a Side Letter to Resolution 2001-303, resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General Bargaining Unit represented by the San Bernardino Public Employees Association. (Continued from February 19, 2002) (See related Agenda Item Nos. 16 & 17 - pages 5 & 6) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-76 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2002-79 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the first amendment to the Waste Disposal Agreement between the County of San Bernardino and the City of San Bernardino. (Continued from February 19, 2002) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-79 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. Request to continue to June 3, 2002 - Resolution approving Final Map for Tentative Tract No. 14112 - located northeasterly of the intersection of Foothill Drive & Sterling Avenue (Continued from December 3,2001) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the Final Map for Tentative Tract No. 14112 be continued to the Council/Commission meeting of June 3, 2002. 8 03104/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Note: Agenda Item Nos. 25, 26, 27, and 28 were discussed simultaneously. 25. Request from Tobacco Use Reduction Now (TURN) for the City to amend the Municipal Code related to smoking (Continued from February 4, 2002) (See related Agenda Item Nos. 26, 27, & 28 - pages 9, 10 & 11) Mayor Valles thanked the members of TURN for the information they provided to the City and noted that several items could be implemented by executive order; specifically, the use of tobacco products prohibited in all City vehicles, personnel who wish to smoke outside enclosed facilities, the availability of ashtrays and trash receptacles, and smoking 20 feet from all entrances and exits of City facilities. Gil Navarro, Chairman of the Mexican American Political Association (MAPA), P. O. Box 1396, San Bernardino, CA, stated that the amendment is proactive in making San Bernardino a healthier community. Ventura Gutierrez, 988 N. Mt. Vernon, San Bernardino, CA, stated that he found it strange that the main objection to the smoking ordinance has been that it might conflict with State law. He asked if there had been any formal complaints or court injunctions filed by hotel or motel owners since the ordinance was approved in 1994. Mr. Gutierrez stated that if the smoking ordinance were repealed, it would exclude issues such as smoking in hotel lobbies. Ralph Affaitati, President of the San Bernardino Area Chamber of Commerce, 393 W. Athol Street, San Bernardino, CA, stated that he supported no smoking within 25 feet of playgrounds or tot lots, which is stricter than State law. Mr. Affaitati stated that business owners would be urged to follow strict smoking guidelines. Lynn DilIaman, 255 E. 40th Street, San Bernardino, CA, stated that there was confusion as to whether bar and restaurant owners were to adhere to City law or State law. She indicated that she felt the City should repeal the old, confusing and unenforceable ordinance and pass an updated, child-friendly ordinance. Patrick Kude\l, American Lung Association, 441 MacKay Drive, San Bernardino, CA, stated that they preferred that the City's smoking ordinance be kept on the books, deleting the parts that are duplicative of State law, or at the very least, retain the two provisions that differ from State law, and add the provisions under Agenda Item No. 28 A, B, and C. Mr. Kudell stated that one of the provisions that would be lost by repealing the City ordinance, would be the one that limits the number of smoking rooms in a hotel to 35 percent and prohibits smoking in hotellobbies. He indicated he supported denial of Agenda Item No. 27. 9 03/04/2002 Tim Prince, 290 N. "D" Street, #807, San Bernardino, CA, stated that in addressing this issue it was important to put the City's image in the forefront. Mr. Prince stated that the City's ordinance addresses smoking in enclosed public buildings that mayor may not be work places, such as hotel lobbies and elevators. He indicated he supported keeping the current ordinance on the books, supplementing it as necessary. Joseph Luna, 420 W. "N" Street, Colton, CA, spoke against tobacco use and requested that the current ordinance not be repealed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2002-80 - Resolution of the Mayor and Common Council of the City of San Bernardino promoting a healthy environment and a healthy citizenry and calling upon the San Bernardino Police Department to continue its enforcement of State-mandated laws which regulate smoking. (Continued from February 4, 2002) (See related Agenda Item Nos. 25, 27, & 28 - pages 9, 10 & 11) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-80 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. 27. An Ordinance of the City of San Bernardino repealing Chapter 8.72 of the San Bernardino Municipal Code relating to smoking. FIRST READING (Continued from February 4,2002) (See related Agenda Item Nos. 25, 26, & 28 - pages 9, 10 & 11) GiI Navarro, Chairman of the Mexican American Political Association (MAPA), P. O. Box 1396, San Bernardino, CA, requested that the ordinance be tabled rather than repealed. Dr. Eric Frykman, San Bernardino County Health Department, encouraged the City Council to think about the public's health and protecting the children. Tim Prince, 290 N. "0" Street, #807, San Bernardino, CA, stated that the public was misled that there were only two differences with the current ordinance versus State law. He stated that the language used in the current ordinance bans smoking in all enclosed public places, and if that location doesn't happen to be a place of employment with five or more people, it will not be protected. 10 03/04/2002 Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption in order to substitute Chapter 8.73. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: none. 28. Ordinances - adding Chapter 8.73 relating to smoking within twenty-five feet of playgrounds or tot lot sandbox areas - Section 8.73.030 relating to the sale of tobacco products through self service displays - Section 8.73.040 relating to smoking in outdoor recreation areas, sports centers, & sport facilities (See related Agenda Item Nos. 25, 26, & 27 - pages 9 & 10) An Ordinance of the City of San Bernardino adding Chapter 8.73 relating to smoking within twenty-five feet of playgrounds or tot lot sandbox areas. FIRST READING (28A) City Clerk Clark stated that the language, "to the San Bernardino Municipal Code" had been inadvertently omitted from the title of the ordinance and should be added. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption, as amended. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. An Ordinance of the City of San Bernardino adding Section 8.73.030 to the San Bernardino Municipal Code relating to the sale of tobacco products through self service displays. FIRST READING (28B) It was the consensus of the Council that smoke shops should be exempt from the ordinance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be laid over for final adoption, adding Section ID, "This section shall not apply to any retail or wholesale tobacco shop meaning any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories. " The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 11 03/04/2002 An Ordinance of the City of San Bernardino adding Section 8.73.040 to the San Bernardino Municipal Code relating to smoking in outdoor recreation areas, sports centers, and sports facilities. FIRST READING (28C) It was the consensus of the Council that there should be a separation between privately-owned versus publicly-owned facilities as was provided by the City Attorney's Office, as follows: "C. Publicly owned outdoor athletic recreation areas, sports centers and sports facilities shall designate one or more areas in which the general public is not prohibited from smoking. D. Privately owned athletic recreation areas, sports centers and sports facilities, or publicly owned athletic recreation areas, sports centers and sports facilities that are leased by a private entity for any term greater than one year, may designate one or more areas in which the general public is not prohibited from smoking." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be laid over for final adoption, as amended and submitted to the Mayor and Common Council by the City Attorney's Office. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. League of California Cities Legislative Task Force Update Council Member/Commissioner Lien stated that she provided a written report to the members of the Council. No action was taken. 30. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a forty-five mile per hour speed limit on Palm Avenue between Kendall Drive and Belmont Avenue. FIRST READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be laid over for final adoption. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 12 03/0412002 Recess Meeting At 12:23 p.m., Mayor/Chairman Valles recessed the Council/Commission meeting to 2 p.m. in the Council Chambers of City Hall. Note: The Council/Commission reconvened at 2:09 p.m., at which time the remaining City items were discussed. 31. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 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. Scottsdale Insurance Company v. Sherry Wilson, et al. - San Bernardino Superior Court Case No. SCVSS 086104. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. 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 Governnlent 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. 1. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel for the Redevelopment Agency 13 03/04/2002 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-05 0281-082-06 0281-082-07 0281-082-08 0281-082-09 0281-082-10 0281-082-11 0281-082-12 0281-082-13 0281-082-14 0281-082-15 0281-082-16 0281-082-17 0281-082-26 0281-082-27 0281-082-28 0281-082-29 0281-082-30 0281-082-32 0281-082-33 0281-082-34 0281-082-35 0281-082-36 0281-082-37 0281-082-38 0281-082-39 0281-082-40 0281-082-41 0281-082-55 0281-082-57 0281-083-01 0281-083-02 0281-083-04 0281-083-05 0281-083-06 0281-083-07 0281-083-08 0281-083-09 0281-083-10 0281-083-11 0281-083-12 0281-083-13 0281-083-14 0281-083-15 0281-083-16 and Cecilia Moreno Cecilia Moreno Cecilia Moreno Janice S. Casey Gina Ramirez Gerry C. Politano & Lea G. Politano Cruz Avila & Leonor Avila Ronnie E. Searcy & Susan Ann Searcy Jose T. Castaneda & Brenda Castaneda Anthony Grgec & Gloria E. Grgec Anthony Grgec & Gloria E. Grgec Angelina Rodriguez Coeur Alta J.Moffitt Charles L. Brown Elisa L. Gurrola & Evange1ina L. Montez Juan P. Trujillo & Consuelo Y. Trujillo Chia-Ping Hwang & Mei Fan Hwang Enrique Villapando & Mary Villapando West End Investments Kreten Jakobsen & Rebecca G. Jakobsen Kreten Jakobsen & Rebecca G. Jakobsen Neil Calvin Hansen, Jr. & Sandra Kay Hansen Ronald Norris & Phyllis Norris David V. Kon, Trustee David V. Kon, Trustee Juan P. Trujillo & Consuelo Y. Trujillo Roberto O. Betancourt & Rita M. Betancourt Pedrito B. Tongpo & Perida I. Tongpo Pedrito B. Tongpo & Perida I. Tongpo Henry W. Shelton & Betty J. Shelton George R. Hallock & Janet Knickerbocker Altegra Credit Co Blue Diamond Unlimited, rnc Henry W. Shelton & Betty J. Shelton Vibhakerbhai B. Patel & Vimalaben Patel Alfred Anthony Simental L.L.C., A CA Limited Liability Co. Jaks, L.L.C.. A CA Limited Liability Co. Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Leo Rittenhouse Harold P. Luke & Chintana V. Luke J. C. Hancock & Lorean Hancock Henry W. Shelton & Betty J. Shelton Victor M. Castillo Fern I. Kopitzke, Trustee Jaks, L.L.C.. A CA Limited Liability Co. Jaks, L.L.c.. A CA Limited Liability Co. Jaks, L.L.C.. A CA Limited Liability Co. Jaks, L.L.C.. A CA Limited Liability Co. 14 03/04/2002 0281-083-17 0281-083-18 0281-083-20 0281-091-39 Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Under Negotiation: Purchase terms & conditions City Attorney Penman announced that the following additional case would be discussed in closed session: Under 31A, Conference with legal counsel, existing litigation pursuant to Government Code Section 54956.9(a): Jonathan Smith v. City of San Bernardino, et al. - United States District Court Case No. CV 98-1990- GAF (CTx). 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 4:43 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, l.ien, McGinnis, 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. R32. Appointment - Mobile Home Board Members (Continued from February 19, 2002) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council appoint: three (3) regular board members, two (2) alternate board members, and reappoint two existing members, as noted in Attachment 1 to the staff report from Maggie Pacheco, dated February 7, 2002, for the Mobile Home Board as required by Ordinance No. MC-726. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 15 03/04/2002 R33. RES. CDC/2002-12 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute Amendment No.3 to Disposition and Development Agreement by and between Redevelopment Agency of the Cit~. of San Bernardino and Hi-Way Auto Recyclers, LLC. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. CDC/2002-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R34. Joint Powers Financing Authority Subordinate Tax Allocation Bond Series 2002A A Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Bonds, Series 2002A in a total aggregate principal amount not to exceed $14,000,000, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R34A) A Resolution of the Community Development Commission of the City of San Bernardino authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $14,000,000, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R34B) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the borrowing by the Redevelopment Agency of the City of San Bernardino from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $14,000,000, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R34C) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 16 03/04/2002 35. Public Comments Bob Lien, resident of San Bernardino, asked that the Council not accept this year's recommendations from the Community Development Citizens Advisory Committee of which he is the Second Ward representative. He stated that upon attending the February 20 meeting he was informed that he could not vote because he had missed the deliberations of the previous day. Mr. Lien questioned whether this was a new City-wide policy, and, if not, he suggested that the decision to preclude him from voting should be examined and rescinded. Senior Assistant City Attorney Carlyle responded to Mr. Lien's concern by stating that in order to protect the integrity of the recommendation process, the Committee voted not to let Mr. Lien vote since he did not see the presentations and did not listen to the tape, but otherwise welcomed his participation. City Attorney Penman suggested that an ordinance relative to procedural rules could be submitted to the Legislative Review Committee that would apply to all commissions. RS1. Joint Powers Financing Authority Subordinate Tax Allocation Bond Series 2002A RES. J-51 - A Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Refunding Bonds, Series 2002A in a total aggregate principal amount not to exceed $33,000,000, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (RSIA) RES. CDC/2002-13 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $33,000,000, authorizing the form of certain legal documents related thereto aud authorizing and directing their preparation, execution and delivery. (RSIB) RES. 2002-81 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the borrowing by the Redevelopment Agency of the City of San Bernardino from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $33,000,000, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (RSIC) Note: No staff report was submitted with the backup material. 17 03104/2002 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolutions A-C, be adopted; and that the Community Development Commission approve the staff recommendations for the prioritization of the use of the bond proceeds for the proposed Subordinate Tax Allocation Bond, Series 2002A. The motion carried, and Joint Powers Financing Authority Resolution No. J-51, Community Development Commission Resolution No. CDC/2002-13, and Mayor and Common Council Resolution No. 2002-81 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 36. Adjournment The meeting adjourned at 5:33 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, March 18, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~h~ ) Lmda Sutherland Deputy City Clerk No. of Items: 37 No. of Hours: 7.6 18 03/04/2002