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HomeMy WebLinkAbout11-19-2001 Minutes M]NUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 19, 2001 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 Pro Tern/Acting Chairman Schuetz at 8:11 a.m., Monday, November 19, 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 Pro Tern/Acting Chairman Schnetz; Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Lien, Anderson. Council Member/Commissioner Lien Arrived At 8:13 a.m., Council Member/Commissioner Lien arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDV 00-107RT (RNBx); Susan Aldama, et aI. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 61691; California Bio-Mass, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 083473; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 1 11/19/2001 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 Government Code Section 54957. Briefing - Economic Development Agency Boardroom - 12 noon - Lt. Goggin, San Bernardino Police Department F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Negotiator: Ed Raya, Director of Human Resources Employee Organization: San Bernardino Police Officers' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: Negotiating Parties: HUB Properties Gary Van Osdel for the Redevelopment Agency 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 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 2 11/1912001 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 0281-083-17 0281-083-18 0281-083-20 0281-091-39 Under Negotiation: Anthony Grgec & Gloria E. Grgec Anthony Grgec & Gloria E. Grgec Angelina Rodriguez Coeur Alta J. Moffitt Charles L. Brown Elisa L. Gurrola & Evangelina 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 1. Tongpo Pedrito B. Tongpo & Perida 1. Tongpo Henry W. Shelton & Betty J. Shelton George R. Hallock & Janet Knickerbocker Altegra Credit Co Blue Diamond Unlimited, Inc 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 1. 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. Jaks, L.LC., 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. Purchase terms & conditions 3 11/19/2001 City Attorney Penman announced that the following additional cases would be discussed in closed session: Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048 GHK. In addition, Mr. Penman announced that there would be discussion regarding claims filed against the City of San Bernardino by Data Business Systems, Get- Fit Clinic, Mars Donuts, Western Eco-Tec Coatings, Gonzales Painting Corp., Richard Hermann, John Drafter Auto Glass, and Sarah Son Contractors, for damages as a result of a sewer main overflow at 708 W. Mill Street on April 16, 2001. Mayor Pro Tem/ Acting Chairman Schnetz announced that during closed session the Community Development Commission voted to accept an offer to purchase from Mr. Charles Brown property known as Assessor's Parcel No. 281-082-013 for a consideration of $123,000. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Father Barnabas Laubach of St. Bernardine Medical Center, followed by the pledge of allegiance, led by Chelsea McCammack, a fifth grade student at Banner Elementary School. 2. Appointments There were no commission appointments. 3. Presentations & Awards The Third Quarter 2001 Customer Service Awards were presented to the following employees for going the extra mile in providing service to the citizens of San Bernardino: Dave Allen, Fire Captain; David Mazi, Police Officer; Judy Jacobson, Fire Dispatcher; and Mark Luker, Police Dispatcher. Isabel Rubio, retired receptionist for the Mayor's and City Administrator's Offices, was presented a Certificate of Recognition in appreciation of her dedicated service to the City of San Bernardino. 4 11119/2001 Judy Johnson of the Public Services Department was presented a Certificate of Recognition for participating in the Dublin, Ireland Marathon to benefit the Arthritis Foundation. Teri Rubi, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Pro Tem Schnetz in recognition of their many years of dedicated service to the City: Name Harold Phillips William Shearer Oscar Perrier Trenton Hankins Department Development Services Facilities Management Parks, Recreation & Community Services Police Years of Service 30 30 30 5 4. Announcements Announcements were made by Mayor Pro Tem Schnetz, members of the Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and chamber events/activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, 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 Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schuetz, Suarez, Council Member/Commissioner 6. Council Minutes Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: August 6,2001; August 20,2001; and September 4,2001. The motion carried Members/Commissioners McCammack. Nays: Anderson. by the following vote: Ayes: Council Estrada, Lien, McGinnis, Schnetz, Suarez, None. Absent: Council Member/Commissioner 5 1111912001 7. Claims & Payroll Council Member/Commissioner McGinnis 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 November 8, 2001 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 8. Personnel Actions Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated November 13, 2001, 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 Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 9. Waive fees - YMCA Children's Parade - December 1, 2001 - $2,587 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the request for a waiver of fees in the amount of $2,587 for facility, personnel and equipment costs associated with the 24th Annual YMCA Children's Christmas Parade, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 6 11/19/2001 10. ORD. MC-1108 - An ordinance of the City of San Bernardino adding Section 15.04.230 to the San Bernardino Municipal Code amending Section 305-3(b) of the National Electrical Code, 1996 Edition, relating to time constraints on temporary electrical power and lighting installations for decorative lighting and similar purposes. FINAL READING Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1108 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 11. RES. 2001-345 - Resolution of the City of San Bernardino amending Resolution No. 2000-355 entitled in part, "Resolution . . . amending Conflict of Interest Code . . .", by amending Appendix A to add, delete, and change the titles of various positions within departments of the City which must me Conflict of Interest Statements. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-345 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 12. RES. 2001-350 - Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with Joseph E. Bonadiman & Associates, Inc. for preparation of a revised concept plan and engineering drawings for Timber Creek Channel. Mayor Pro Tem Schnetz indicated that he would be abstaining on this item due to his having a partial interest in a piece of real estate within the project area. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2001-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, McCammack. Nays: None. Abstentions: Council Member/Commissioner Schuetz. Absent: Council Member/Commissioner Anderson. 7 11119/2001 13. RES. 2001-346 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Holland-Lowe Const. Inc. for pavement rehabilitation on Mt. View Avenue from Cluster Street to 277' north, Pershing A venue from Mill Street to Hilda Street & Cluster Street from Arrowhead Avenue to Sierra Way, per Plan Drawing No. 10322. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-346 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 14. Approve - Contract Change Order No. One - Anthony Marmolejo Construction Company, Inc. - $13,563.93 - modifications to the Seccombe Lake Activity Center to meet Americans with Disabilities Act (ADA) standards - per Revision Nos. 1 & 2 of Plan No. 10214 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2001102 budget to increase the budget in Account No. 243-363-5504-7107 by $19,000 to reflect the associated reduction in Account No. 243-000-3405 (Unappropriated Park Construction Fund); and authorize the execution of Change Order No. One in the amount of $13,563.93 to contract with Anthony Marmolejo Construction Company, Inc. for revised entry details per revision Nos. 1 and 2 of Plan No. 10214. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 15. RES. 2001-347 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the application for grant funds for Arts on 5th Multicultural Center. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-347 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 8 11/1912001 16. Take action - request of the City Planning Commission for the Mayor and Common Council to review and reconsider Chapter 5.14 or any provision thereof Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council direct the City Planning Commission to decide the appeal hearing on the denial of entertainment licenses to Manta Management and others in accordance with the current provisions of Chapter 5.14, with specific reference to current Section 5.14.120D of the San Bernardino Municipal Code. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 17. Rescind action taken by Mayor and Common Council/Community Development Commission on September 17, 2001 - Kohl Agreement & adoption of an amendment to the Kohl Agreement RES. 2001-352 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving certain annual tax increment property tax revenue distributions to the Inland Valley Development Agency for the Kohl's Development Project on the former Norton Air Force Base. Mayor Pro Tem Schnetz indicated that he would be abstaining on this item due to his having a partial interest in a piece of real estate within 500 feet of the subject area, and asked Council Member/Commissioner Suarez to assume his duties as Mayor Pro Tem. Council Member/Commissioner McGinnis requested an explanation on why the Kohl's project had previously been represented as a $50 million project and was now being represented as a $25 million project. Special Counsel Sabo provided background information on the Kohl's proposal, specifically, the tax increment reimbursement agreement. A letter from Mayor Valles dated September 7, 2001, addressed to Kohl's Corporation concerning deferral of permitting fees and impact fees in connection with their San Bernardino project, was submitted into the record. Also submitted into the record was a letter received from Alan J. Salle, Assistant General Counsel, Kohl's Corp., dated September 12, 2001, acknowledging receipt of the Mayor's letter dated September 7. 9 11/1912001 Discussion ensued regarding the alleged misrepresentation of the value of the project and the Council's concern that this project might hinder the City's HUB project. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council rescind action taken on September 17, 2001, which approved a summary of a Pass-through Agreement between the City and the Economic Development Agency in connection with certain redevelopment assistance (Kohl's Development Project) as presented and authorized the preparation of the Pass- through Agreement; that the Community Development Commission rescind action taken on September 17, 200], which approved the deal point summary of a Property Tax Increment Incentive Agreement with Kohl's Corporation and authorized preparation of an Incentive Agreement; and that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Suarez, McCammack. Nays: Council Member/Commissioner McGinnis. Abstentions: Council Member/Commissioner Schnetz. Absent: Council Member/Commissioner Anderson. 18. RES. 2001-348 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a program continuation grant from the Corporation for National and Community Service in the amount of $52,869 to continue the administration and operation of the Retired and Senior Volunteer Program for the period October 1, 2001 through September 30,2002. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-348 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 10 11/1912001 Note: Agenda Item Nos. 19 through 22 were discussed simultaneously. 19. RES. 2001-351 - Resolution of the City of San Bernardino authorizing the execution of a contract in the amount of $391,207 with ICI Solutions of Chandler, Arizona to provide upgraded hardware and replacement software for the Police Department's document imaging system. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2001-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 20. Resolution of the City of San Bernardino accepting the Investigative Satellite Initiative Grant in the amount of $45,000 and authorizing the expenditure of grant funds in accordance to the grant expenditure plan. 21. Resolution of the City of San Bernardino accepting the FY 01102 High Technology Grant in the amount of $88,618 and authorizing the expenditure of the awarded grant funds in accordance to the grant expenditure plan. 22. Resolution of the City of San Bernardino accepting the Value-based Initiative (VBI) Grant in the amount of $125,000 and authorizing the expenditure of grant funds in accordance to the grant expenditure plan. Council Member McCammack stated that she felt there should be another level of quality assurance, such as the City Treasurer, to ensure that any expenditures are made in accordance with the specifications of the grant document. Council Member/Commissioner McCammack made a motion that Agenda Item Nos. 20 and 21 be continued and that the documents be given to the City Treasurer for review. (The motion failed for lack of a second.) Council Member/Commissioner Lien suggested that the motion be amended that the matter be referred to the City Treasurer for review and comment. Discussion ensued as to the role and duties of the City Treasurer and whether or not that office should review the documents. 11 11/1912001 Council Member/Commissioner McCammack made a motion that a workshop be scheduled to discuss the grant issue and that the City Treasurer be invited to attend. (The motion failed for lack of a second.) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that Agenda Item Nos. 20, 21, and 22 be continued to a workshop on December 3, 2001, at noon, in the Economic Development Agency Boardroom. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 23. Resolution of the City of San Bernardino authorizing the Chief of Police to file a Young Offender Initiative: Reentry Grant Program application with the U.S. Departments of Justice, Labor and Health and Human Services. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that the matter be tabled. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 24. An Ordinance of the City of San Bernardino adding Section 9.84.040 to the San Bernardino Municipal Code relating to projectiles. FIRST READING Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be laid over for final adoption. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 25. An Ordinance of the City of San Bernardino amending Title Six of the San Bernardino Municipal Code relating to animals. FIRST READING Cherylee Davis De Young, 1177 Congress, San Bernardino, CA, spoke in opposition to the proposed ordinance and submitted her comments in writing, dated November 19, 2001. 12 11119/2001 The following individual spoke in support of the proposed ordinance revisions: Howard Wicks, President of 395 Concourse Racing Pigeon Club of Southern California, 229 E. 25th Street, San Bernardino, CA. The following individuals commented on the animal control issue: Jerry Medeiros, 2450 First Avenue, San Bernardino, CA; and Ken Kreutz, 2168 W. First Avenue, Muscoy, CA. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of December 3, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 26. Authorization to join amicus curiae brief in support of the City of San Diego in the case of Alford v. Superior Court (City of San Diego) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the City Attorney to join in amicus curiae brief in support of the City of San Diego in the case of Alford v. Superior Court (City of San Diego). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 27. Ordinance of the City of San Bernardino amending Section 10.24.190 of the San Bernardino Municipal Code to prohibit commercial vehicles on Tia Juana Street between Fourth Street and Fifth Street, Cabrera Avenue between Fourth Street and Fifth Street and Kingman Street between Tia Juana Street and Mount Vernon Avenue. FIRST READING Council Member/Commissioner Estrada abstained due to the close proximity to her residence. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be laid over for final adoption. 13 11/1912001 The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: Council Member/Commissioner Anderson. 28. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to change the existing speed limit on Mountain View A venue between Fortieth Street and Hill Drive/Pinehurst Court from forty miles per hour to thirty-five miles per hour. FIRST READING Council Members/Commissioners Lien and McCammack abstained due to the fact that they own property on one or more of the streets included in the ordinance. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez. Nays: None. Abstentions: Council Members/Commissioners Lien, McCammack. Absent: Council Member/Commissioner Anderson. 29. Public hearing - Development Code Amendment No. 01-05 - to expand the permitted uses at the Carousel Mall (Continued from October 15, 2001) An Ordinance of the City of San Bernardino amending Section 19.06.020 of the San Bernardino Municipal Code (Development Code) to add permitted uses in the CR-l, Commercial Regional-Malls land use district. FIRST READING Correspondence was submitted into the record from Salvatore Catalano, General Manager of the Carousel Mall, dated November 16, 2001, addressed to Valerie Ross, Principal Planner, requesting the matter be continued. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of December 17, 2001. The motion carried by the following Members/Commissioners Estrada, Lien, McCammack. Nays: None. Absent: Anderson. vote: Ayes: Council McGinnis, Schnetz, Suarez, Council Member/Commissioner 14 1111912001 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Rotolo Chevrolet for one (1) 2002 one-ton truck with service body to be utilized by the Fire Department. (Continued from November 5, 2001) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of December 3. 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. Recess Meeting At 1:05 p.m., Mayor Pro Tern/Acting Chairman Schnetz recessed the meeting to 2 p.m. in the Council Chambers of City Hall. Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority - Joint Regular Meeting At 2:08 p.m., Mayor Pro Tern/Acting Chairman Schnetz 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 Pro Tern/Acting Chairman Schnetz; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Member/Commission Anderson. R31. Public hearing - Disposition and Development Agreement - Public Enterprise Building (Continued from September 17, 2001) RES. CDC/2001-49 - A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and New Hope Missionary Baptist Church, on the terms set forth in such agreement. 15 11/1912001 RES. 2001-353 - A Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging receipt of a report relating to that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and New Hope Missionary Baptist Church. The hearing remained open from the September 17, 2001 Council/Commission meeting. Economic Development Agency Executive Director Van Osdel stated that Agency staff was asked to solicit additional proposals from any individual or group having an interest in buying the Public Enterprise Center (PEC) building. Mr. Van Osdel stated that 15 such proposals were either mailed or handcarried the week of September 20-24 and three proposals were submitted: Fallbrook Capital, LLC, increased their original offer to $475,000; YSP, LLC, increased their original offer to $505,000; and the New Hope Missionary Baptist Church offered $555,000. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commission McCammack, that the hearing be closed; and that the sale of the Public Enterprise Center be awarded to New Hope Missionary Baptist Church, and that said resolutions and the Disposition and Development Agreement be modified to reflect the name of "New Hope Missionary Baptist Church" and the other terms contained in their proposal. (The vote was taken following the discussion.) Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide truthful and honest testimony: Clifford Hackney, YSP, LLC, 1180 W. 9th Street, San Bernardino, CA, increased their offer to $575,000 and noted that he had a loan committnent letter for additional funding to cover the transaction. Larry Odum, YSP, LLC, clarified that they are proposing a musical program in collaboration with the school district in order to provide youth with the musical training they feel is necessary in their scholastic performance. Richard Schindler, Fallbrook Capital LLC, 7750 Palm Avenue, #D, Highland, CA, stated that they could provide a letter from their bank showing that they had 100 percent of the purchase price in cash. Andrew Williams, New Hope Missionary Baptist Church, stated that they are not only able to acquire the facility, but also make the necessary repairs and continue to sustain the facility. Mr. Williams increased their offer to $580,000. 16 1111912001 Council Member/Commissioner Lien stated that she was impressed with the New Hope Missionary Baptist Church's facilities, programs, and financial condition, and noted that their loan committnent letter indicated their commitment for up to $800,000 for improvements to the facility. Mr. Odum, stated that YSP wanted to be given the opportunity to increase their offer. Mr. Sabo stated that there were several factors to consider, but there was no requirement that they must sell to the highest bidder. He said it was up to the Council to decide whether or not to accept more bids. Council Member/Commissioner Suarez amended his original motion, seconded by Council Member/Commission McCammack, that the hearing be closed; and that the sale of the Public Enterprise Center be awarded to New Hope Missionary Baptist Church for $580,000, and that said resolutions and the Disposition and Development Agreement be modified to reflect the name of "New Hope Missionary Baptist Church" and the other terms contained in their proposal. Resolution Nos. CDC/2001-49 and 2001-353 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Schnetz, Suarez, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: Council Member/Commissioner Anderson. R32. Public hearing - amendment to re-establish eminent domain power on non- residential property in the Central City East Redevelopment Project RES. CDC/2001-50 - Resolution of the Community Development Commission of the City of San Bernardino, making a finding that conditions of blight burden the Redevelopment Project Area of the Central City East Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City East Redevelopment, approving the 2001 Eminent Domain Amendment to the Redevelopment Plan, and recommending the certification of the Addendum to the 1975 Environmental Impact Report. An Ordinance of the Mayor and Common Council of the City of San Bernardino approving the Section 33352 Report to the Mayor and Common Council and adopting the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City East Redevelopment Project and certifying an Addendum to the 1975 Environmental Impact Report. FIRST READING 17 11/19/2001 Mayor Pro Tern/Acting Chairman Schnetz opened the joint public hearing. Affidavits of mailing and publication, marked Exhibits "A" and "B", were accepted as evidence without objection. Margaret Park, Project Manager, Economic Development Agency, provided a summary of the background and reasons for the Amendment to the redevelopment plan for the Central City South Redevelopment Project Area. Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the Agency's report to the Mayor and Common Council. The Amendment to the Redevelopment Plan for the Central City East Redevelopment Project (Exhibit 2); the report to the Mayor and Common Council on the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project (Exhibit 3); the Addendum to the 1975 EIR (Exhibit 6); and the written staff report as presented, were accepted as evidence and as part of the official record. City Clerk Clark stated that no written objections had been received. There were no public comments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution be adopted and that said ordinance be laid over for final adoption. The motion carried and Resolution No. CDC/2001-50 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. R33. RES. 2001-354 - Resolution of the Mayor and Common Council approving and authorizing execution of the Amendment No. 1 to the October 18, 1999 Community Development Block Grant ("CDBG") agreement between the City of San Bernardino and Community Investment Corporation (CIC). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2001-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 18 11/1912001 R34. RES. CDC/2001-51 - Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Economic Development Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560 and CDC/2000-44) entitled, in part, "Resolution ... adopting a Conflict of Interest Code ...," by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest statements. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2001-51 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. R35. RES. CDC/2001-52 - Resolution of the Community Development Commission approving and authorizing the Chairperson or her designee to execute the one (1) year contract extension in the amount of $61,500 (the "Amendment No.2"), to the Professional Services Agreement between the Redevelopment Agency and Diana L. Sanchez, contingent upon County of San Bernardino approval of Neighborhood Initiative Program (NIP) funds. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2001-52 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. R36. Joint Powers Financing Authority Tax Allocation Bonds issues RES. J-49 - Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of not to exceed $5,000,000 Tax Allocation Bonds Series 2001A (Mount Vernon Project) approving the form of legal documents related thereto and authorizing and directing preparation, execution and delivery of the final forms thereof. (R36A) 19 11/1912001 RES. J-50 - A Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A in a total aggregate principal amount not to exceed $85,000,000 and the issuance of San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds in a total aggregate principal amount not to exceed $25,000,000 to refund certain outstanding tax allocation bonds, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R36B) RES. CDC/2001-53 - Resolution of the Community Development Commission of the Redevelopment Agency of the City of San Bernardino authorizing a certain loan agreement and documents related thereto in connection with the issuance of certain tax allocation bonds by the San Bernardino Joint Powers Financing Authority. (R36C) RES. CDC/2001-54 - 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 $110,000,000 to refund certain outstanding tax allocation bonds, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R36D) RES. 2001-355 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of certain tax allocation bonds by the San Bernardino Joint Powers Financing Authority and authorizing a certain loan agreement and certain documents related thereto. (R36E) RES. 2001-356 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the borrowing of funds from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $110,000,000 to refund certain outstanding tax allocation bonds, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R36F) Council Member/Commissioner McCammack made a Council Member/Commissioner McGinnis. that said adopted. motion, seconded by resolutions A-F, be 20 11/1912001 Joint Powers Financing Authority Resolution Nos. J-49 and J-50, Community Development Commission Resolution Nos. CDC/2001-53 and CDC/2001-54, and Mayor and Common Council Resolution Nos. 2001-355 and 2001-356 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 37. Public Comments Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA. S1. RES. 2001-349 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino to advise the City Attorney's Office concerning the review, application and enforcement of its adult entertainment license ordinance and related matters. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-349 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 38. Adjournment At 4:27 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, December 3,2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~-/~~ inda Sutherland Deputy City Clerk No. of Items: 39 No. of Hours: 6.8 21 11/1912001