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HomeMy WebLinkAbout04-17-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 17, 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 8:12 a.m., Monday, April 17, 2000, in the Council Chambers of City Hall, 300 Nortlt "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark witlt tlte following being present: Mayor Valles; Council Members Estrada, McGinnis. Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz. City Attorney Penman announced tltat tlte following additional case would be discussed in closed session: Jaime Alvarez. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 00-03048 GHK (RCx). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 19) (1 & S3) At 8:12 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): Rose Mihata vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467; City of San Bernardino Municipal Water Department v. U.S. Department of Defense, United States District Court Case No. CV 96- 8867-MRPP (V APx). - 1 - 4/17/2000 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) (I); (2); (3) (A-F) of Government Code Section 54956.9. C. Conference witlt 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 tlte public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference witlt 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: Nortltwest corner of Tippecanoe and 1-10 Freeway Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and Arthur Pearlman, Pearlman/ Hopkins Under Negotiation: Purchase terms and conditions 2. Property Address: Nortltwest corner 5th & "E" Streets Negotiating Parties: Ann Harris and Maggie Pacheco, on behalf of the Economic Development Agency, and TELACU and Al Steward of Steward & Associates Under Negotiation: Purchase terms and conditions - 2 - 4/17/2000 CLOSED SESSION At 8: 12 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 witlt tlte following being present: Mayor Valles, Council Members Estrada, McGinnis. Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Empeno and Easland, and Administrative Operations Supervisor Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read tlte titles of all the resolutions and ordinances on the regular and supplemental agendas of tlte Mayor and Common Council and Community Deyelopment Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Autltority/San Bernardino Associated Communities Financing Autltority while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER LIEN ARRIVED At 8: 17 a.m., Council Member Lien arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:26 a.m., Senior Assistant City Attorney Simmons left the closed session. WATER DEPARTMENT GENERAL MANAGER KERSEY & ATTORNEY JACOBSON ARRIVED At 8:26 a.m., Water Department General Manager Kersey and Attorney Tom Jacobson of Gresham Savage Nolan and Tilden arrived at the closed session. CITY ATTORNEY PENMAN, DEPUTY CITY EMPENO, WATER DEPARTMENT GENERAL KERSEY & ATTORNEY JACOBSON EXCUSED At 8:56 a.m., City Attorney Penman, Deputy City Attorney Empeno, Water Department General Manager Kersey, and Attorney Tom Jacobson left the closed sessIOn. ATTORNEY MANAGER DIRECTOR OF CODE COMPLIANCE BAUDE ARRIVED At 8:57 a.m., Director of Code Compliance Baude arrived at the closed session. - 3 - 4/17/2000 ADJOURN CLOSED SESSION At 9:04 a.m., tlte 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 tlte 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 tlte following being present: Mayor Valles; Council Members Estrada, Lien. McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schnetz. INVOCATION The invocation was given by Jorge Carlos, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Miguel Andres of Ramona Alessandro School. APPOINTMENTS - MAYOR V ALLES & COUNCIL MEMBER MC CAMMACK (2) Mayor Valles submitted staff reports dated April 7 and 11, 2000, recommending the following appointtnents on behalf of herself and Council Member McCammack: Mavor Valles San Bernardino Associated Governments (SANBAG) Board of Directors Council Member Lien as Alternate Member Inland Valley Development Agency (IVDA) Board of Directors Council Member Estrada as Member Inland Valley Development Agency (IVDA) Board of Directors Council Member McGinnis as Alternate Member San Bernardino International Airport Authority (SBIAA) Board of Directors Council Member Schnetz as Member San Bernardino International Airport Authority (SBIAA) Board of Directors Council Member Suarez as Alternate Member - 4 - 4/17/2000 Council Member McCammack Planning Commission Board of Police Commissioners Board of Fire Commissioners Mike Sauerbrun George W. Schnarre Lawrence A. Veres - Reappointment Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, tltat tlte appointments requested by Mayor Valles and Council Member McCammack, be approved. George Schnarre accepted his certificate of appointment from Council Member McCammack. APPOINTMENTS - COUNCIL COMMITTEES (S4) Council Member Anderson submitted a staff report dated April 13, 2000 recommending the following Council Committee appointments: Officers of Council - Desil!llated bv Council Council Parliamentarian Community Development Commission Vice-Chairperson Betty Dean Anderson Betty Dean Anderson Council Committees - Reeular Meetines Legislative Review Committee Personnel Committee Redevelopment Committee Ways & Means Committee *McGinnis, Ch.; Lien, Schnetz Anderson, Ch.; Suarez, McCammack Anderson, Ch.; Estrada, Suarez Schnetz, Ch.; McGinnis, McCammack Council Committees - At Call of Chair CDBG Funding Review Ad Hoc Committee California Theatre Ad Hoc Committee Corridor Beautification Committee Fire Equipment Ad Hoc Committee Water Resources Ad Hoc Committee Police Ad Hoc Committee Committee to Review Ad Hoc Committees Court House Ad Hoc Committee *See motion on next page - 5 - Lien, Ch.; Estrada, McCammack Mayor, Estrada, Anderson Suarez Schnetz, Ch.; Anderson Estrada, Ch.; Lien McCammack, Ch.; Lien Anderson, Ch.; Estrada Mayor, Estrada, Schnetz, Anderson, City Attorney Penman 4/17/2000 Outside Committees Fire Dept. Planning Standards Ad Hoc Committee League of CA Cities Community Services Policy Committee League of CA Cities Inland Empire Division Estrada, Lien Schnetz McGinnis, Anderson (Alt.) Council Member Lien noted tltat past precedent has been that the chair of the committee is the most senior council member on the committee, and in that context believed tltat she should be the chair of the Legislative Review Committee. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve the recommended Council Committee appointments, with the designation of Council Member Lien as chair of the Legislative Review Committee. PROCLAMATION - NATIONAL COMMUNITY DEVELOPMENT WEEK - APRIL 24-30,2000 (3) June Durr, Marketing and Public Affairs Officer, read a proclamation declaring the week of April 24-30, 2000, National Community Development Week in the City of San Bernardino. PROCLAMATION - NATIONAL VOLUNTEER WEEK - APRIL 2- 8,2000 (3) June Durr, Marketing and Public Affairs Officer, read a proclamation recognizing the week of April 2-8, 2000, as National Volunteer Week in the City of San Bernardino. Robin Kelley accepted the proclamation on behalf of the Volunteer Center of tlte Inland Empire. PROCLAMATION - FAIR HOUSING MONTH - APRIL 2000 (3) June Durr, Marketing and Public Affairs Officer, read a proclamation declaring the month of April 2000 as Fair Housing Month in the City of San Bernardino. Betty Davidow accepted the proclamation on behalf of the Inland Fair Housing and Mediation Board. - 6 - 4/1712000 PRESENTATION - CERTIFICATES OF APPRECIATION - SAN BERNARDINO TRUCK DISMANTLING & TRI-CITY TOWING (3) Fire Engineer Bill Beaumont of the City's Fire Department presented certificates of appreciation and t-shirts to San Bernardino Truck Dismantling and Tri-City Towing for their donations of wrecked cars used for auto extraction training and practice. Steve Johnson of Tri-City Towing and Brian Birge of San Bernardino Truck Dismantling accepted tlte certificates. PRESENTATION - CITY ATTORNEY'S OFFICE - "TIGER AWARD" (3) City Attorney Penman presented the official City Attorney's "Tiger Award" to Paralegal Bonnie Greenleaf, who wrote successful Motions for Summary Judgments and Motions to Dismiss in 18 cases over tlte past two years. PRESENTATION - "SIR FRANCIS DRAKE" - RENAISSANCE FAIRE (3) Sir Francis Drake invited everyone to the Renaissance Faire which is opening on May 6 at Glen Helen Regional Park, and presented mugs and tickets to the Mayor and Council. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced an event at tlte Sturges Family Playhouse on April 19 at 7:00 p.m.; an open house at Congregation Emanu El on April 27; tlte Headdress Ball on April 29; the Chamber's Law Enforcement Dinner on May 11; and an upcoming computer workshop. SERVICE PIN AWARDS (3) June Durr, Marketing and Public Affairs Officer, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Stephanie Easland Mary Freiberg Ali Jassim Henry Wings on Department City Attorney's Office Development Services Development Services Development Services Years of Service lO-year pin 20-year pin lO-year pin 15-year pin - 7 - 4/17/2000 Georgia Chamberlain Sue Murphy Peter Higgins Michael Kinsman Michael Holt Mercy Segura Finance Fire Police Po lice Public Services San Bernardino Employment & Training Agency 20-year pin lO-year pin 15-year pin 30-year pin 15-year pin lO-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien advised tltose residents living in the Phase I Area that is being studied by the Water Resources Authority that within tlte next few weeks they would be receiving in the mail information that should clarify what is being done. She indicated that the committee is a long way from making any final decisions. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis announced, on behalf of Council Member Schnetz, that Dr. Nag had hosted a cleanup day in the Fourth Ward and 17 dumpsters of refuse had been collected. He congratulated the participants on a job well done. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez announced that Arrowhead Farms would host a cleanup day at Cajon High School on April 22 from 8:00 a.m. to 12:30 p.m. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that Yasmin Hughes, son of Talmage Hughes, had recently participated in the U.S. Karate Alliance National Championships, placing second in the 10- and ll-year-old category. She stated she was very proud of this young man. ANNOUNCEMENTS - COUNCIL MEMBER MC CAMMACK (4) Council Member McCammack reminded residents tltat on Saturday, April 29, at 9:00 a.m., there would be a gathering at the nortltwest corner of Highland Avenue and "D" Street for a Neighborhood Improvement Campaign and cleanup day. Participants would include personnel from the Police Department, Code Compliance Division, and Fire Prevention Division. She advised that on Thursday evening, April 20, at 7:00 p.m. the Mayor would be speaking at the Neighborhood Cluster Association meeting at - 8 - 4/1712000 the Seventlt-day Adventist Church on Waterman Avenue. Also, the Junior University is holding auditions on Saturday, May 6, at 9:00 a.m. for Cinderella. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles noted that last week had been designated as Dispatchers' Week and took a moment to recognize and thank the City's police and fire dispatchers for tlteir dedication and hard work; Commended tlte staff at Feldheym Library for bringing Dr. Myrna Shure, noted author of the national best seller Raising a Thinking Child, to San Bernardino; Announced that the Mexican Consul has arranged to have an exhibit of 50 drawings submitted by students from around the nation to be displayed at tlte Inland Center Mall beginning Monday, April 24, through the end of the month; Announced tltat on Sunday, April 30, the Inland Empire Hispanic Chamber of Commerce, along with many other co-sponsors, is holding a day-long Cinco de Mayo celebration at Court Street Square and along Court Street; and Encouraged residents to support the local Stampede baseball team's next home game to be played on Thursday, April 20. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman advised tlte Council that they would soon receive a letter from his office which would explain to them what type of representation they can expect to receive from the City Attorney's Office. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, 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. COUNCIL MINUTES (6) Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, 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: February 22, 2000; March 6, 2000. - 9 - 4/17/2000 CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 11, 2000, from Barbara Pachon, Director of Finance, be approved. ORD. MC-I068 - 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. Final (9) ORD. MC-I069 - 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. Final (10) ORD. MC-I070 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.36.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO PUBLIC HEARING FOR ABANDONED VEHICLES. Final (11) ORD. MC-I071 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.36.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO APPEALS OF VEHICLE ABATEMENT HEARING DECISIONS. Final (12) Council Member Anderson made a motion. seconded by Council Member Estrada, that said ordinances be adopted. Ordinance Nos. MC-1068, MC-1069, MC-1070, and MC-I071 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. RES. 2000-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (13) - 10- 4/17/2000 Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the Code Compliance Division administratively remove any properties from Exhibit "A" which have been paid. Resolution No. 2000-80 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. AUTHORIZATION TO PROCEED - VACATION - PORTION OF NORTH/SOUTH ALLEY - NORTH OF 20TH STREET - BETWEEN GUTHRIE & NEWCOMB STREETS - PLAN NO. 10070 (14) Michael E. Hays, Director of Development Services, submitted a staff report dated March 29, 2000, regarding authorization to proceed with the vacation of a portion of the north/south alley located north of 20'h Street between Guthrie and Newcomb Streets. Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, that the Director of Development Services and the City Clerk be autltorized to proceed with the vacation of a portion of the nortlt/ soutlt alley north of 20'h Street, between Guthrie Street and Newcomb Street; and that Plan No. 10070 showing the proposed vacation of portions of tlte north/south alley nortlt of 20th Street between Guthrie Street and Newcomb Street, be approved. RES. 2000-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ANY TIME ZONE ON PEPPER AVENUE BETWEEN RlALTO AVENUE AND SEVEN-HUNDRED FEET NORTH OF RlALTO AVENUE. (16) RES. 2000-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ZONE BETWEEN THE HOURS OF 5:00 P.M. AND 5:00 A.M. ON SEVENTEENTH STREET BETWEEN SEPULVEDA AVENUE AND BELLE STREET. (17) - 11 - 4/17/2000 RES. 2000-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED , IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ANY TIME ZONE ON GUTHRIE STREET BETWEEN TWENTIETH STREET AND HIGHLAND A VENUE. (18) RES. 2000-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL PLANT SERVICES, INC. FOR PROFESSIONAL SERVICES RELATIVE TO PROVIDING SPECIAL MAINTENANCE SERVICES FOR THE CITY'S SEWAGE SYSTEM. (20) RES. 2000-85 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AWARDING A CONTRACT TO KEN'S CONSTRUCTION SERVICE FOR THE ADA MODERNIZATION OF CITY HALL RESTROOMS ON THE SECOND AND THIRD FLOOR. (23) Council Member Anderson made a motion. seconded by Council Member Estrada, tltat said resolutions be adopted. Resolution Nos. 2000-81, 2000-82, 2000-83, 2000-84 and 2000-85 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. SET LUNCHEON WORKSHOP - MAY 15, 2000 - 12:00 P.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM PRESENTATION BY FIRE DEPARTMENT RESPONSE TIME STANDARDS AD HOC COMMITTEE (24) Larry R. Pitzer, Fire Chief, submitted a staff report dated April 17, 2000, recommending that a luncheon workshop be held on May 15, 2000, to hear a presentation from the Fire Department Response Time Standards Ad Hoc Committee. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that a luncheon workshop be set for Monday, May 15, 2000, at 12:00 p.m. in the Economic Development Agency Board Room to hear a presentation by the Fire Department Response Time Standards Ad Hoc Committee. - 12 - 4/17/2000 RES. 2000-86 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA STATE UNIVERSITY , SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. (25) RES. 2000-87 - RESOLUTION AUTHORIZING AN INCREASE IN THE ANNUAL PURCHASE ORDERS TO PARKHOUSE TIRES, INC., "Y" TIRE SALES AND VIKING AUTO CENTER FOR NEW LIGHT DUTY VEHICLE TIRES AND RECAPPED HEAVY EQUIPMENT TIRES, AND A REDUCTION IN THE ANNUAL PURCHASE ORDERS TO PARKHOUSE TIRES, INC., "Y" TIRE SALES AND VIKING AUTO CENTER FOR NEW HEAVY EQUIPMENT TIRES. (26) RES. 2000-88 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE ANNUAL PURCHASE ORDER TO FAIRVIEW FORD FOR MATERIALS AND SERVICES TO SUPPORT THE CITY'S LIGHT VEHICLE FLEET TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (27) RES. 2000-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO THE PURCHASE ORDER TO FOURTH STREET ROCK FOR DISPOSAL OF STREET SWEEPING MATERIALS. (28) RES. 2000-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO UEMSI FOR ONE (1) SEWER VIDEO CAMERA SYSTEM TO BE UTILIZED BY THE SEWER MAINTENANCE DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (29) Council Member Anderson made a motion. seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 2000-86, 2000-87, 2000-88, 2000-89 and 2000-90 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. - 13 - 4/17/2000 PERSONNEL ACTIONS (8) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by tlte Chief Examiner, dated April 12, 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, except for Item No.5. PROCEED WITH FORMATION - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WATERMAN AVENUE & WASHINGTON STREET AREA - TENTATIVE TRACT NOS. 15826 & 15991 (15) Michael E. Hays, Director of Development Services, submitted a staff report dated April 4, 2000, regarding authorization to proceed with the formation of a Landscape Maintenance Assessment District in the Waterman Avenue and Washington Street area. Council Member McGinnis asked whether there was any possibility that the proposed tracts would want to remain part of the master association as opposed to forming a landscape maintenance assessment district. He noted that tlte existing adjacent tracts are under a master association that is working quite well, and requested that this matter be continued to enable staff to explore this further. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 1, 2000. REFUND & WAIVE FEES - CINCO DE MAYO FESTIVAL - HISPANIC CHAMBER OF COMMERCE - $9,547.47 (19) Fred Wilson, City Administrator, submitted a staff report dated April 12, 2000, recommending that the request for a refund of the Temporary Use Permit fee and waiver of otlter fees, as requested by tlte Hispanic Chamber of Commerce for their Cinco de Mayo Festival, be approved. Linda Boswell, President, Inland Empire Hispanic Chamber of Commerce, 255 North "D" Street, San Bernardino, CA, read a letter requesting the support of tlte Mayor and Council. Ralph Hernandez, 8598 La Vine Street, Alta Loma, CA, offered additional information regarding the festival, stating tltat it is one of four events taking place in tlte Inland Empire. - 14 - 4/17/2000 Discussion ensued regarding the City's policy on waiver of fees and whether the applicants could foresee a time when they would become self-sufficient. It was noted that the City currently makes a monetary commitment to tlte arts and cultural affairs of the City wherein it helps to sponsor events and/or defray their expenses. Events such as Black History Week are sponsored by tltis money, and it was noted tltat this fund may need to be expanded in order to help the more tltan 100 different cultural groups throughout the city. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the request for refund of the Temporary Use Permit fee in the amount of $320.00, and the request for waiver of fees in the amount of $9,227.47 for the Inland Empire Hispanic Chamber of Commerce Cinco de Mayo Festival on Sunday, April 30, 2000, be granted. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF SABO AND GREEN FOR LEGAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (21A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF MILLER & SCHROEDER FINANCIAL, INC., FOR INVESTMENT BANKING SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (218) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF GFB-FRlEDRlCH & ASSOC., INC., FOR ASSESSMENT ENGINEERING SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 10260 AND TENTATIVE TRACT NO. 14112. (21C) (Note: The resolutions were not distributed with the backup materials and, therefore, are not available for review.) Ernest Vincent, Vice President, Corporate Legal for Century Homes, 1535 Soutlt "D" Street Suite 200, San Bernardino, CA, submitted a letter dated April 13, 2000, requesting tltat this matter be continued to the next Council meeting in order to allow additional time to finalize tlte land purchases. - 15 - 4/17/2000 Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 1, 2000. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WESTERN ALLIED SERVICES COMPANY FOR DESIGN/BUILD OF AN ENERGY-EFFICIENT REPLACEMENT OF A CHILLER AT THE GALAXY RECREATION CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK. (22) (Note: The resolution was not distributed with the backup materials and, therefore, is not available for review.) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that all proposals be rejected and that staff be directed to advertise for formal bids. PUBLIC HEARING - IMPOSE LIENS - PARCELS OF REAL PROPERTY - CITY OF SAN BERNARDINO - UNCOLLECTED BUSINESS REGISTRATION FEES (31) Rachel Clark, City Clerk, submitted a staff report dated March 28, 2000, regarding the imposition of liens on various parcels of real property located throughout the city of San Bernardino for uncollected Business Registration fees. Mayor Valles opened the hearing. No public comments were received. RES. 2000-91 - 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. (31) Council Member McGinnis made a motion, seconded by Council Member Suarez, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. - 16 - 4/17/2000 The motion carried and Resolution No. 2000-91 was adopted by the following vote: Ayes: Council Members Estrada, Lien. McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. PUBLIC MEETING FORMATION MAINTENANCE ASSESSMENT DISTRICT A VENUE & WASHINGTON STREET AREA LANDSCAPE NO. 1025 - PALM (32) Michael E. Hays, Director of Development Services, submitted a staff report dated March 24, 2000, regarding the formation of Landscape Maintenance Assessment District No. 1025 in tlte Palm Avenue/Washington Street area. Mayor Valles opened tlte hearing. Director Hays advised tltat this is a procedural step to solicit comments from property owners. These comments, if any, will be considered at tlte public hearing scheduled for May 15,2000. No public comments were received. Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that tlte public meeting relative to the formation of the Palm Avenue and Washington Street Area Landscape Maintenance Assessment District, to be known as Assessment District No. 1025, be closed and protests, if any, be carried over to the public hearing on May 15, 2000, at 10:00 a.m. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS, EXPLOSIVES AND FIRES. First (33) Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 995. (Continued from March 6, 2000) First (34) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the matter be continued to tlte Mayor and Council meeting of May 15, 2000. - 17 - 4/17/2000 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. (Continued from April 3, 2000) First (35) Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that said ordinance be laid over for final adoption. JOIN - AMICUS CURIAE BRIEF - SUPPORT CITY & COUNTY OF SAN FRANCISCO - UNIVERSITY OF CALIFORNIA, HASTINGS V. CITY & COUNTY OF SAN FRANCISCO (SI) City Attorney Penman submitted a staff report dated April 17, 2000, recommending that the Mayor and Council authorize the City Attorney to join in tlte amicus curiae brief in support of the City and County of San Francisco in the case of University of California. Hastings v. City and County of San Francisco. Mr. Penman reviewed the case with tlte Council and the reason for joining in the amicus curiae brief. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support of the City and County of San Francisco in the case of University of California. Hastings v. City and County of San Francisco, First Appellate District, Case No. 89183. AUTHORIZATION TO EXECUTE - PROFESSIONAL SERVICES AGREEMENT - REPRESENT CITY - LAW FIRM OF LEWIS, D'AMATO, BRISBOIS & BISGAARD - JAIME ALVAREZ, ET AL. V. CITY OF SAN BERNARDINO, ET AL. (S2) James F. Penman, City Attorney, submitted a staff report dated April 17, 2000, regarding the execution of a Professional Services Agreement with the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the case of Jaime Alvarez, et al. v. City of San Bernardino, et al. - 18 - 4/17/2000 Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the Mayor of the City of San Bernardino be authorized and directed to execute on behalf of the City of San Bernardino tlte Professional Services Agreement with the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent tlte City in the case of Jaime Alvarez, et al. v. City of San Bernardino, et aI., United States District Court Case No. 00-03048 GHK (Rcx). RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1 & S3) At 10: 13 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): Rose Mihata vs. City of San Bernardino. et aI. - San Bernardino Superior Court Case No. SCV 30467; City of San Bernardino Municipal Water Department v. U.S. Department of Defense, United States District Court Case No. CV 96- 8867-MRPP (VAPx); Jaime Alvarez. et al. vs. City of San Bernardino, et al. - United States District Court Case No. CV 00-03048 GHK (RCx). B. Conference witlt 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 lmtlatlon of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference witlt legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to tlte 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. - 19 - 4/17/2000 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: Northwest corner of Tippecanoe and 1-10 Freeway Negotiating Parties: Ronald E. Winkler, on behalf of tlte Economic Development Agency, and Arthur Pearlman, Pearlman/ Hopkins Under Negotiation: Purchase terms and conditions 2. Property Address: Northwest corner 5'h & "E" Streets Negotiating Parties: Ann Harris and Maggie Pacheco, on behalf of the Economic Development Agency, and TELACU and Al Steward of Steward & Associates Under Negotiation: Purchase terms and conditions CLOSED SESSION At 10:24 a.m., Mayor Valles called tlte closed session to order in tlte 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, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Suarez. Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office; Economic Development Agency Special Counsel Sabo, Development Director Winkler, Administrative Services Director Lindseth, Housing and Community Development Director Pacheco, Business Recruitment, Retention and Revitalization Director Harris. COUNCIL MEMBER SUAREZ ARRIVED At 10:28 a.m., Council Member Suarez arrived at the closed session. - 20- 4/1712000 ADJOURN CLOSED SESSION At 11:10 a.m., tlte closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11: 12 a.m., Mayor Valles reconvened the joint regular meeting of tlte 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 tlte following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; Deputy City Attorney Empeno, City Clerk Clark, Director of Development Services Hays. Absent: Council Member Schnetz. APPEAL HEARING - PLANNING COMMISSION'S APPROVAL - CONDITIONAL USE PERMIT NO. 99-17 - ALLOW TRANSFER FACILITY - COLLECTION & TRANSFER - GREEN WASTE & OTHER ORGANIC MATERIALS (36) Michael E. Hays, Director of Development Services, submitted a staff report dated April 4, 2000, recommending that tlte Mayor and Council deny the appeal and uphold the Planning Commission's decision to approve Conditional Use Permit No. 99- 17. Mayor Valles opened tlte hearing. Valerie Ross, Principal Planner, reviewed highlights of tlte staff report with the Council, noting that many concerns were received by the Development Services Department--several having to do with State law. Joe Bellandi, Associate Planner, submitted a memorandum addressed to the Mayor and Common Council dated April 17, 2000, in which he provided information identifying some of tlte laws and regulations that regulate the solid waste industry. He also made a verbal presentation to the Council wherein he summarized tlte concerns which were raised by various organizations/individuals and provided responses/explanations for same. Stewart Cumming, President, Cimarron Ranch Neighborhood Association, P.O. Box 9466, San Bernardino, CA, submitted and read into the record a letter dated April 13, 2000, addressed to the Mayor and Common Council, wherein he outlined tlte reasons for the appeal. He advised that the association is not against the project; however, they are opposed to the lack of proper oversight as the project moves - 21 - 4/17/2000 forward. He stated that one of their main concerns is that the oversight for the project should be placed with other regulatory agencies better equipped to carry out this responsibility. Beverly Gibson, 9050 Ferndale, Fontana, CA, submitted a letter with several attachments dated April 17, 2000, from Alder Street Property Owners & Residents, Alder Street, Bloomington, CA, and spoke in opposition to the proposed project. Mayor Valles advised that the City would assume responsibility for oversight, because the City has made a strong commitment to improving the quality of life for all of its citizens. In addition, the City has made a commitment to be fiscally responsible. COUNCIL MEMBER MC GINNIS EXCUSED At 11:45 a.m., Council Member McGinnis left the Council meeting. Council Member Anderson made a motion, seconded by Council Member Suarez, that tlte Mayor and Common Council close the hearing, deny the appeal, and uphold the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of Conditional Use Permit No. 99-17, based on tlte Findings of Fact contained in the Planning Commission's staff report, subject to the Conditions of Approval as amended and Standard Requirements. The motion carried by the following vote: Ayes; Council Members Estrada, Lien, Suarez, Anderson. Nays: None. Abstain: Council Member McCammack. Absent: Council Members McGinnis, Schnetz. COUNCIL MEMBER MC GlNNIS RETURNED At 11:46 a.m., Council Member McGinnis returned to the Council meeting and took his place at the Council table. 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 (Note: There were no Community Development Commission items.) PUBLIC COMMENTS (37) There were no public comments. - 22- 4/17/2000 ADJOURNMENT (38) At 11 :46 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, May 1, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: t~ ~ If4/ Linda E. Hartzel Deputy City Clerk No. of Items: 37 No. of Hours: 3.75 - 23 - 4/17/2000