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HomeMy WebLinkAbout01-29-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JANUARY 29, 2001 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint adjourned regular meeting held at 8:00 a.m., Friday, January 26, 2001, at California State University, San Bernardino, 5500 University Parkway, San Bernardino, California. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission was called to order by Mayor Valles at 9:07 a.m., Monday, January 29, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman announced that an additional item regarding a Southern California Associated Governments' (SCAG) issue would be discussed in closed session under Agenda Item No. l.C. RECESS MEETING - CLOSED SESSION (Continued from January 22, 2001) (Discussed later in the meeting - page 5) (1) At 9:07 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Highland Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Rose Mihata v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. SCV 30467; 1 1/29/200 1 La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDV 00-107 RT. 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: 2057 North Mt. Vernon Avenue 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. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: APN 0134-062-12 Negotiating Parties: Maggie Pacheco, on behalf of the Economic Development Agency and Thomas Plott Under Negotiation: Purchase price, conditions terms and 2. Property Address: Northwest corner 4th & "E" Streets Negotiating Parties: Rex Swanson, MDA San Bernardino Associates, LLC and Gary Van Osdel on behalf of the Economic Development Agency 2 1/29/2001 Under Negotiation: Purchase price, terms and conditions 3. Property Address: Northwest corner 4th & "E" Streets Negotiating Parties: Don Harnois, CinemaStar and Gary Van Osdel on behalf of the Economic Development Agency Under Negotiation: Lease agreement, terms and conditions CLOSED SESSION At 9:07 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Easland and Empeiio, and Administrative Operations Supervisor Anderson, City Attorney's Office; Principal Planner Ross, Development Services. READING OF RESOLUTIONS Deputy City Clerk Hartzel read the titles of all the resolutions on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed session. SENIOR ASSISTANT CITY ATTORNEYS CARLYLE & SIMMONS AND PRINCIPAL PLANNER ROSS EXCUSED At 9:29 a.m., Senior Assistant City Attorneys Carlyle and Simmons and Principal Planner Ross left the closed session. ADJOURN CLOSED SESSION At 10:16 a.m., the closed session adjourned to the Council Chambers of City Hall. 3 1/29/2001 .-.-.---------.--.--------.------...-..---... RECONVENE MEETING At 10:16 a.m., Mayor Valles reconvened the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. DISCUSS & TAKE ACTION - CLASSIFIED & UNCLASSIFIED POSITIONS LISTED ON PERSONNEL ACTION LIST DATED JANUARY 17,2001 (Continued from January 22,2001) (2) Council Member Schuetz, made a motion, seconded by Council Member McCammack, that classified personnel actions 3 though 6 and the unclassified personnel action of Police Captain to Assistant Chief of Police, as submitted by the Chief Examiner in a memo dated January 17,2001, be approved and ratified. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, McCarnmack. Nays: Council Member Anderson. Absent: None. RES. 2001-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND AMERICAN MEDICAL RESPONSE REGARDING ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE. (Continued from January 22, 2001) (3) Fire Chief Pitzer reviewed highlights of the staff report with the Council, noting that the proposed contract would generate annual revenue for the City in the amount of $200,000. He added that staff was recommending that a portion of the revenues over the next two and a half fiscal years be used to establish an Emergency Medical System (EMS) Coordinator position as well as fund the final four pieces of fire apparatus from the Fire Department's approved fire apparatus replacement plan. Chief Pitzer noted that this project was the culmination of a three and a half year process, and he wanted to thank American Medical Response (AMR) for their efforts in bringing this program to fruition. 4 1/29/2001 - "--.---.-.------.,--------.------..- Council Member Lien stated she was happy to see that staff was recommending an Emergency Medical System Coordinator position. She noted that the Fire Department and the Council ad hoc committee formed to study fue issues had agreed that the escalating number of emergency calls needed to be addressed, and it will take at least one person who has the required qualifications to accomplish this task. Council Member Suarez expressed support of the program, stating that the only thing that would make him happier would be to see a fire station built in the Verdemont area. Council Member Lien made a motion, seconded by Council Member Schuetz, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2000-2001 budget and increase revenue Account No. 001-000-4881 (Paramedic Reimbursement Contract Revenue) by $64,000 (rounded) to reflect the revenue to be received from American Medical Response and to also increase the Fire Department's budget by $64,000 (rounded) to reflect the corresponding expenditures as outlined in the staff report. The motion carried and Resolution No. 2001-27 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. City Attorney Penman advised that although the County was kept informed of what was happening and had no objections to the wording of the agreement, they were not a party to the contract. CITY ADMINISTRATOR WILSON EXCUSED At 10:25 a.m., City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Executive Director Van Osdel. Mr. Van Osdel requested that the Mayor and Council and Community Development Commission adjourn to closed session prior to discussing Agenda Item Nos. 4 and 5. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (Continued from January 22, 2001) (1) At 10:25 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Agenda Item Nos. l.A. through l.G, as noted on pages 1 through 3 of these minutes, including the additional item announced by City Attorney Penman on page 1. 5 1/29/2001 _,..____._~._.m.._.._...,.~____________.,_____"'_._____--.-,....--"-...".,.-- CLOSED SESSION At 10:25 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Chief of Police Dean and Administrative Operations Supervisor Anderson, City Attorney's Office. CHIEF OF POLICE DEAN EXCUSED At 11 :04 a.m., Chief of Police Dean left the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE; ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL, SPECIAL COUNSEL SABO, & PROJECT MANAGER HOEGER; AND SPECIAL COUNSEL WILLIAMS ARRIVED AT THE CLOSED SESSION At 11:04 a.m., Senior Assistant City Attorney Carlyle; Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo and Project Manager Hoeger; and Special Counsel Delmar Williams of Lewis, D'Amato, Brisbois & Bisgaard arrived at the closed session. ADJOURN CLOSED SESSION At 11 :36 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11:36 a.m., Mayor Valles reconvened the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Anderson, McCarnmack. 6 1/29/2001 _..___._.__.__.__________.~____m_'._...___.__'_>_.~'_,...._.,___ ___.m_.___U_____...____ -----.---..--~~,._----'-------.....- COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT ADJOURNED REGULAR MEETING At 11:36 a.m., Chairwoman Valles called to order the joint adjourned 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. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ACCEPTING THE PURCHASE BY REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM MDA-SAN BERNARDINO ASSOCIATES, LLC, OF THE CINEMASTAR THEATER PARCEL AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ON BEHALF OF THE REDEVELOPMENT AGENCY. (4) A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE SECOND AMENDMENT TO MULTI-PLEX THEATER LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CINEMASTAR LUXURY THEATERS, INC. (5) Economic Development Agency Executive Director Van Osdel requested that Agenda Item Nos. 4 and 5 be continued to February 5, 2001. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that Agenda Item Nos. 4 and 5 be continued to the Mayor and Council/Community Development Commission meeting of February 5, 200 1. 7 1/29/2001 ---------..-----..------..-'.----..- ADJOURNMENT (6) At 11:37 a.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, February 5, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By t~- c !daP Linda E. Hartzel Deputy City Clerk No. of Items: 6 No. of Hours: 2.5 8 1/29/2001