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HomeMy WebLinkAbout04-03-2000 Minutes MINUTES MAYOR AND COMMON COCNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 3, 2000 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 Valles at 8:11 a.m., Monday, April 3, 2000, 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, Schnetz, Suarez, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members McGinnis, Anderson. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 19) (1) At 8:11 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Jaime Alvarez. et al. vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 00-03048 GHK (RCx). 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 (e) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. - 1 - 4/312000 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: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 G. Conference with real property negotiator pursuant to Government Code Section 54956.8. 1. Property Address: APN 155-381-45, 8.2 acres Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and Ronald R. Rezek Under Negotiation: Purchase terms & conditions 2. Property Address: 1505 West Highland Avenue Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and Clifford Hackney Under Negotiation: Purchase terms & conditions 3. Property Address: 555 South "H" Street Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and 555 South "H" Street Partners dba Chaparral Cycle Supply Under Negotiation: Purchase terms & conditions - 2- 4/312000 4. Property Address: 303 West Third Street Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and J. Kevin Brunk of 303 West Third Street LLC Under Negotiation: Purchase terms & conditions CLOSED SESSION At 8: 11 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, Schnetz, Suarez, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members McGinnis, Anderson. Also present: Operations Supervisor McCammack. Senior Assistant City Attorney Simmons, Administrative Anderson, City Attorney's Office; Councilwoman-elect READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER ANDERSON ARRIVED At 8: 15 a.m., Council Member Anderson arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:38 a.m., Senior Assistant City Attorney Simmons left the closed session. DIRECTOR OF FINANCE PACHON & DIRECTOR OF HUMAN RESOURCES RAY A ARRIVED At 8:38 a.m., Director of Finance Pachon and Director of Human Resources Raya arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:44 a.m., Council Member Miller left the closed session. - 3 - 4/3/2000 ADJOURN CLOSED SESSION At 9:03 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:09 a.m., Mayor Valles reconvened the joint 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, Schnetz, Suarez, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Lawrence Hebron, who was invited by Councilwoman-elect McCammack to participate in this morning's meeting. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by McKenzie and Chelsea McCammack, daughters of Councilwoman-elect McCammack. RES. 2000-67 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE SEVENTH WARD ON THE 7TH DAY OF MARCH 2000, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (2) Council Member Miller made a motion, seconded by Council Member Anderson, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 2000-67 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. INAUGURAL CEREMONY (2) Preceding the swearing-in ceremony for Councilwoman-elect McCammack, the following presentations were made to outgoing Council Member Miller: - 4 - 4/312000 Mayor Valles presented a resolution to Council Member Miller which acknowledged her outstanding accomplishments and service to the City of San Bernardino; Council Member Anderson, on behalf of all the Council Members, presented Council Member Miller with a plaque commemorating her outstanding leadership and dedication as a Seventh Ward Councilwoman from June 1, 1987 to April 3, 2000; Council Member Estrada presented Mrs. Miller with a bouquet of red roses. Council Member Miller thanked her constituents, Council Office staff, department heads, and other staff members for all their support and hard work. She expressed regret at leaving, yet excitement and anticipation in looking toward new endeavors. Swearing-in Ceremony At this time Mayor Valles administered the Oath of Office to newly-elected Council Member McCammack, and City Clerk Clark presented her with a Certificate of Election. Council Member McCammack thanked her family and friends and the Seventh Ward residents who voted for her, and took her place at the Council table. RECESS MEETING At 9:36 a.m., Mayor Valles recessed the meeting for a reception in the lobby of City Hall in honor of newly-elected Council Member McCammack. RECONVENE MEETING At 9:56 a.m., Mayor Valles reconvened the joint 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, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. PRESENTATION - MAYOR & MAYORESS OF WALES (4) Mayor Valles presented mementos and exchanged gifts with the Lord Mayor and Mayoress (his wife) of Wales. - 5 - 4/312000 APPOINTMENTS KATHERINE BAAMEUR ANIMAL ADVISORY COMMISSION - RAY IMBRlANI - CENTRAL CITY PARKING PLACE COMMISSION - COUNCIL MEMBERS LIEN & SUAREZ (3) Mayor Valles submitted staff reports dated March 27,2000, recommending the appointments of Katherine Baameur to the Animal Advisory Commission, as requested by Council Member Lien, and Ray Imbriani to the Central City Parking Place Commission, as requested by Council Member Suarez. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointments of Katherine Baameur and Ray Imbriani, as requested by Council Members Lien and Suarez, be approved. PROCLAMATION - EARTHQUAKE PREPAREDNESS MONTH - APRIL 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation proclaiming the month of April 2000 as Earthquake Preparedness Month in the City of San Bernardino. ANNOUNCEMENTS - LARRY QUlEL (5) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, commended Norine Miller for her many years of service as a Council Member and congratulated Council Member McCammack on her recent election. He announced several upcoming events taking place in the city of San Bernardino and thanked everyone for buying local and supporting local businesses. PUBLIC HEARING - VACATE PORTION OF LEXINGTON WAY - SOUTHWESTERLY OF HALLMARK P ARKW A Y (23) Michael E. Hays, Director of Development Services, submitted a staff report dated March 8, 2000, regarding the vacation of a portion of Lexington Way, southwesterly of Hallmark Parkway. Mayor Valles opened the hearing. No public comments were received. - 6- 4/312000 RES. 2000-68 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF LEXINGTON WAY, SOUTHWESTERLY OF HALLMARK PARKWAY AND RESERVING EASEMENTS FOR SANITARY SEWER, WATERLINES AND UTILITIES. (23) Council Member Anderson made a motion, seconded by Council Member Estrada, that the hearing be closed; that the Findings of Fact as set forth in the staff report dated March 8, 2000, from the Director of Development Services, as to why a portion of Lexington Way, southwesterly of Hallmark Parkway, is no longer necessary for public street purposes, be approved; that full reading of the resolution be waived, and that said resolution be adopted. The motion carried, and Resolution No. 2000-68 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPEAL HEARING - DANNY'S TOWING - REQUEST TO BE REINSTATED TO POLICE DEPARTMENT TOW LIST (24) Lee Dean, Chief of Police, submitted a stalf report dated March 29, 2000, recommending that the appeal filed by Danny's Towing relative to reinstatement to the Police Department Tow List be continued to June 5, 2000. Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of June 5, 2000. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (5) Council Member Estrada thanked the Economic Development Agency staff, and in particular Ann Harris, Director of Business Recruitment, Retention and Revitalization, for their help with the Symphony gala. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (5) Council Member Lien advised that 20 youths connected with the Youth Accountability Board had participated in picking up trash and rubbish from senior citizens during the last Second Ward cleanup day. - 7 - 4/312000 ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (5) Council Member McGinnis welcomed Council Member McCammack and wished her luck. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (5) Council Member Schnetz announced that on April 8 there would be a cleanup day at Del Vallejo Middle School and on April 22 a cleanup day at Cajon High School. He also congratulated Council Member McCammack. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (5) Council Member Suarez congratulated and welcomed Council Member McCammack. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (5) Council Member Anderson announced that San Bernardino had more people vote in the last City election than have voted since 1973; noted that a large percentage of the census forms have been returned; and advised that 20 juveniles from County Probation had participated in the Sixth Ward cleanup day held on March 25, helping to gather 25 tons of trash. ANNOUNCEMENTS - COUNCIL MEMBER MC CAMMACK (5) Council Member McCammack thanked everyone for the beautiful inauguration ceremony; congratulated the team that put on the Symphony of the Stars gala; congratulated the Over the Hill Gang on their first Berdoo cruise; and thanked the 21 participants in the Seventh Ward Charter Review Focus Group. Ms. McCammack also announced that on April 29 at 9:00 a.m. the Seventh Ward, in conjunction with the Police Department, would be presenting a Neighborhllod Improvement Campaign at the northeast corner of Highland Avenue and "D" Street. ANNOUNCEMENTS - SENIOR ASSISTANT CITY ATTORNEY CARLYLE (5) Senior Assistant City Attorney Carlyle announced that City Attorney Penman was on vacation; however, he looks forward to working with Council Member McCammack and wishes he could have been here to wish Mrs. Miller good-bye. - 8 - 4/312000 ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (5) City Administrator Wilson congratulated and welcomed Council Member McCammack. ANNOUNCEMENTS - CITY CLERK CLARK (5) City Clerk Clark thanked Mrs. Miller for her support of the City Clerk's Office and congratulated Council Member McCammack. ANNOUNCEMENTS - MAYOR V ALLES (5) Mayor Valles asked Council Member Estrada to assume the role of "buddy" to Council Member McCammack as she assumes her new role and responsibilities; and made the following announcements: She stated that the Symphony with the Stars was an outstanding event which raised $64,000 for the Symphony, and thanked Norine Miller and her brother-in-law, Nolan Miller, for their efforts in arranging this event; Noted that she and several of the council members had participated in several opening ceremonies for local Little League teams and thanked the parents, coaches, sponsors, and volunteers who work to keep this event going for our children; Encouraged community members to attend the Stampede baseball team's opening game on April 6; Spoke regarding her participation in the signing ceremony for the Local Agency Military Base Recovery Area (LAMBRA), a program created in 1993 to stimulate job creation and development in areas experiencing military base downsizing and closure; Announced that crime in the City of San Bernardino fell 20 percent in 1999, due in large measure to the proactive efforts of Chief of Police Lee Dean and the members of his department; and Congratulated June Durr, Marketing and Public Affairs Officer in the Mayor's Office, who was selected as Manager of the Year by members of the San Bernardino Confidential/Management Association. - 9 - 4/312000 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (7) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, 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: March 15, 2000. PERSONNEL ACTIONS (9) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated March 28, 2000, 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. RES. 2000-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (10) RES. 2000-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THIRD AMENDMENT TO THE AGREEMENT WITH FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES. (11) RES. 2000-71 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TRAUTWEIN CONSTRUCTION FOR SEWER IMPROVEMENTS ON HARDT STREET, GOULD STREET, AND DAVIDSON STREET FROM RICHARDSON STREET TO MT. VIEW AVENUE, PER PLAN NO. 10007. (14) - 10 - 4/312000 RES. 2000-72 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $230,000 FROM USDA FOR THE ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR YOUTH. (15) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-69, 2000-70, 2000-71, and 2000-72 were adopted by tlte following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE - OPEN PURCHASE ORDER - MERIT DAY FOODS - RAW FOOD PRODUCTS - SENIOR NUTRITION PROGRAM - FY 2000/01 - $40,000 (16) Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated March 10, 2000, requesting authorization to establish an open purchase order with Merit Day Foods for the Senior Nutrition Program for fiscal year 2000/01. Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to establish an open purchase order in the amount of $40,000 with Merit Day Foods for the purchase of raw food products for the City of San Bernardino Senior Nutrition Program; and that the City Purchasing Manager be directed to issue the purchase order for same. RES. 2000-73 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVICE AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $37,000 TO THE WACKENHUT CORPORATION FOR SERVICE DESK SERVICES WITHIN THE DISPATCH DIVISION. (19) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-73 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. - 11 - 4/312000 CLAIMS & PAYROLL (8) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 29, 2000, from Barbara Pachon, Director of Finance, be approved. RES. 2000-74 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION ... ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF ..."; AND AUTHORIZING THE CHANGE OF THE TWO-HOUR PARKING LIMITATION TO A THREE-HOUR PARKING LIMITATION ON "E" STREET BETWEEN FOURTH STREET AND FIFTH STREET, THE WEST SIDE OF "F" STREET BETWEEN FOURTH STREET AND FIFTH STREET, AND FIFTH STREET BETWEEN "F" STREET AND "E" STREET. (12) Council Member Anderson made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-74 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-75 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC. FOR STREET AND SIGNAL IMPROVEMENTS ON 6TH STREET FROM "H" STREET TO ARROWHEAD AVENUE PER PLAN NO. 9995. (13) Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2000-75 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. - 12 - 4/312000 RES. 2000-76 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE PURCHASE MANAGER TO ISSUE A PCRCHASE ORDER AND SIGN A STANDARD FORM SERVICE AGREEMENT WITH METAL ROOFING & SALES INC., FOR ROOF RESTORATION WORK AT SECCOMBE LAKE PARK CONCESSION BUILDING, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (17) Council Member Lien inquired as to whether this bid had gone out on the City's website, stating that she would advocate that everything be placed on the website. It was ascertained that said bid was on the website. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-76 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A BJA BALLISTIC VEST GRANT AND INCREASING ANNUAL PURCHASE ORDER #200343 FOR BALLISTIC VESTS FROM $24,900 TO $43,000. (18) Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-77 was adopted by the following vote: Ayes; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.250 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING VEHICLES ON UNPAVED PARCELS OF REAL PROPERTY. First (20) (Note: A copy of the ordinance was not distributed witlt the backup material and, therefore, is not available for review.) City Administrator Wilson advised that staff was recommending that this matter be continued to the next Council meeting. - 13 - 4/312000 Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of April 17, 2000. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.260 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING OF RECREATION VEHICLES ON PUBLIC RIGHT -OF- WAY. First (21) City Administrator Wilson noted that the Development Code currently restricts the parking of recreational vehicles on public right-of-way for more than 48 hours; however, to issue a citation the owner must be contacted and given a Notice to Appear or staff must file a Long Form Complaint with the courts. Since locating the owner can be difficult and time consuming, the proposed ordinance change will streamline the process by allowing parking citations to be issued for this infraction. Council Member Suarez inquired as to the inclusion of a special clause for out- of-town visitors who may be visiting for more than 48 hours; and City Administrator Wilson advised that this is being discussed. Council Member Estrada made a motion, seconded by Council Member Schnetz, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.36.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO ADMINISTRATION AND ENFORCEMENT OF ABANDONED VEHICLES. First (22A) AN ORDINANCE OF THE CITY AMENDING SECTION 8.36.100 OF MUNICIPAL CODE RELATED TO ABANDONED VEHICLES. OF SAN BERNARDINO THE SAN BERNARDINO PUBLIC HEARING FOR First (22B) AN ORDINANCE OF THE CITY AMENDING SECTION 8.36.120 OF MUNICIPAL CODE RELATED TO ABATEMENT HEARING DECISIONS. OF SAN BERNARDINO THE SAN BERNARDINO APPEALS OF VEHICLE First (22C) City Administrator Wilson noted that the first ordinance incorporated a language change, replacing Superintendent of Buildings and Grounds with Code Compliance Director; while the second and third ordinances reflect Code Compliance's current hearing process using a hearing officer and the appeal process before the Board of Building Commissioners. He noted that in essence these ordinances will streamline the enforcement process relative to the abatement of inoperable vehicles. - 14 - 4/312000 Council Member Anderson noted that this would affect a lot of people and wondered how staff was going to get this information out to the public that they cannot leave inoperable vehicles on their property. It was suggested that the information be included in the water bills and in the quarterly News of the City publication, as well as being broadcast on Channel 3 during the community updates. Doug Leeper, Field Supervisor in the Code Compliance Division, advised that residents will still be given a courtesy notice prior to any otlter action being taken. Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinances be laid over for final adoption. RES. 2000-78 RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' REGIONAL HOUSING NEEDS ASSESSMENT PROCESS FOR ESTABLISHING HOUSING CONSTRUCTION TARGETS. (25) Valerie Ross, Principal Planner in the Development Services Department, provided background information and reviewed with the Council the salient points of the staff report dated March 29, 2000, from Michel E. Hays, Director of Development Services. She explained why the City should adopt the resolution objecting to SCAG's Regional Housing Needs Assessment (RHNA) process for establishing housing construction targets. Although Mayor Valles has requested that SANBAG place the SCAG RHNA process on its agenda for April 5, in order to take action in support of member jurisdictions and the objections to the RHNA process. Council inquired as to what other pressure could be exerted beyond SANBAG's meeting, such as talking with our legislators in Sacramento. Senior Assistant City Attorney Carlyle stated that the City needs to pursue every legal avenue that speaks to this issue, and litigation is one course of action which could be used. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. - 15 - 4/312000 Resolution No. 2000-78 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RENAME - PERRIS HILL SWIM CENTER - TO JERRY LEWIS SWIM CENTER (26) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated March 10, 2000, requesting that the name of the Perris Hill Swim Center be changed to the Jerry Lewis Swim Center in honor of Representative Jerry Lewis. Richard Lewis, 5320 Park Lane, San Bernardino, CA, stated that Jerry Lewis is his uncle, that he had spoken with his uncle over the weekend, and it was Representative Lewis' understanding that the pool would be named The Lewis Family Swim Center. He requested that staff check to be sure that they are using the right name. Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, tltat the name of the Perris Hill Swim Center be officially changed to the Jerry Lewis Swim Center. DECLARE DEFAULT BY CONTRACTOR - CANCEL CONTRACT - INST ALLA TION OF STREET TREES - HIGHLAND AVENUE, FROM "E" STREET TO WATERMAN AVENUE - COLAROSSI CONSTRUCTION - PLAN NO. 9845 (Continued from March 20, 2000) (27) Michael E. Hays, Director of Development Services, submitted a staff report dated March 27, 2000, recommending that this matter be continued to the Mayor and Council meeting of May 1, 2000. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 1, 2000. RECESS MEETING At 11 :06 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 16 - 4/3/2000 RECONVENE MEETING At 2:08 p.m., Mayor Valles reconvened the joint 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, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle. Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. 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., Chairwoman 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. PUBLIC HEARING AUTHORIZE RE-PROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME OF NEIGHBORLY SERVICES - NUNEZ PARK - CITY HALL - FIVE-YEAR CONSOLIDATED PLAN - (1995/2000)(R28) Maggie Pacheco, Director of Housing and Community Development, Economic Development Agency, submitted a staff report dated March 28, 2000, recommending the re-programming of certain CDBG funds. Chairwoman Valles opened the hearing. Ms. Pacheco explained that this is an effort to clear up on-going projects by reallocating funds from projects that have either been completed and/or the funds were in excess of what was needed for their completion, to other incomplete projects where the funds are needed. No public comments were received. - 17 - 4/312000 RES. 2000-79 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING (1) THE RE- PROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $116,780 (2) THE REALLOCATION OF CDBG FUNDS TO THE PROJECTS AND PROGRAMS CONTAINED IN SECTION 2 OF THIS STAFF REPORT; AND (3) AMENDMENTS TO THE CITY'S FIVE-YEAR CONSOLIDATED PLAN (1995-2000). (R28) Council Member Schnetz made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2000-79 was adopted by tlte following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2000-7 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING AND ACCEPTING THE 1999 PARKING LICENSE AGREEMENT (ANDRESON BUILDING) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL CORPORATION. (R29) Gary Van Osdel, Executive Director, Economic Development Agency, provided background information and reviewed with the Council the staff report dated March 28, 2000, submitted by Barbara Lindseth, Director of Administrative Services. Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. CDC12000-7 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC COMMENTS (30) Susan Hartman, a resident of Mentone, CA, advised that people residing in board and care homes, half-way houses, and homeless shelters may go to the American Red Cross at 202 West Rialto Avenue in San Bernardino for help with their census forms. - 18 - 4/3/2000 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, related an incident that had taken place at the courthouse, which furthered his belief in the existence of local government corruption. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 2:24 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Jaime Alvarez. et al. vs. City of San Bernardino, et al. - United States District Court Case No. CV 00-03048 GHK (RCx). 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. 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: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 - 19 - 4/312000 G. Conference with real property negotiator pursuant to Government Code Section 54956.8. 1. Property Address: Negotiating Parties: Under Negotiation: 2. Property Address: Negotiating Parties: Under Negotiation: 3. Property Address: Negotiating Parties: Under Negotiation: 4. Property Address: Negotiating Parties: Under Negotiation: APN 155-381-45, 8.2 acres Ronald E. Winkler, on behalf of the Economic Development Agency, and Ronald R. Rezek Purchase terms & conditions 1505 West Highland Avenue Ronald E. Winkler, on behalf of the Economic Development Agency, and Clifford Hackney Purchase terms & conditions 555 South "H" Street Ronald E. Winkler, on behalf of the Economic Development Agency, and 555 South "H" Street Partners dba Chaparral Cycle Supply Purchase terms & conditions 303 West Third Street Ronald E. Winkler, on behalf of the Economic Development Agency, and J. Kevin Brunk of 303 West Third Street LLC Purchase terms & conditions CLOSED SESSION At 2:24 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. - 20 - 4/3/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien. McGinnis, Schnetz, Suarez, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel; and Administrative Operations Supervisor Anderson, City Attorney's Office. ADJOURN CLOSED SESSION/MEETING (31) At 3:42 p.m., the closed session/meeting adjourned. The next Jomt regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, April 17, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ;I} . .~ E. !l41 Linda E. Hartzel Deputy City Clerk No. of Items: 31 No. of Hours: 4.75 - 21 - 4/312000