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HomeMy WebLinkAbout06-05-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 5, 2000 COUNCIL CHAMBERS The joint regular meeting of tlte Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:15 a.m., Monday, June 5,2000, 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 tlte following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. City Attorney Penman announced that the following additional cases would be discussed in closed session: Manta Management Corp. vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 18157; Rose Mihata vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467; Antltonv Banks vs. City of San Bernardino, et al. - United States District Court Case No. CV 95-3656R (RMC). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 19) (1) At 8:15 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): Stewart D. Cumming, et al. vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; 1 6/5/2000 Johnnv Pierce vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SBCI 154471; Susan Aldama, et aI. vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 61691; Ezzat Soliman vs. City of San Bernardino - United States District Court Case No. EDCV 00-301 V AP (RCx); Hook dba San Bernardino Spa Mobilehome Park vs. City of San Bernardino et al. - San Bernardino Superior Court Case No. SCV 55786. 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 tltreat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with labor negotiator pursuant to Government Code Section 54957.6. G. Conference with real property negotiator pursuant to Government Code Section 54956.8: 1. Property Address: 303 West 3'd Street Negotiating Parties: Ronald E. Winkler, on behalf of the Economic Development Agency, and J. Kevin Brunk of 303 West 3'd LLC Under Negotiation: Purchase terms & conditions 2. Property Address: HUD Homes/Numerous Sites 2 6/5/2000 Negotiating Parties: Maggie Pacheco, on behalf of the Economic Development Agency, and Secretary of Housing & Urban Development Under Negotiation: Purchase terms & conditions CLOSED SESSION At 8: 16 a.m., Mayor Valles called the closed session to order in the conference room of tlte Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with tlte following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Bryant and Empefio, Administrative Operations Supervisor Anderson, City Attorney's Office; and Special Counsel Dave Gondek of Sabo and Green, 201 North "E" Street, San Bernardino, California. 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 Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Autltority while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL GONDEK EXCUSED At 8:25 a.m., Deputy City Attorney Empefio and Special Counsel Gondek left tlte closed session. ADJOURN CLOSED SESSION At 9: 10 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:13 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark witlt the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, 3 6/5/2000 McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Pastor Mike Hare of Community Bible Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member McCammack. APPOINTMENTS - COUNCIL MEMBERS McGINNIS, SUAREZ, ANDERSON & McCAMMACK (2) In staff reports dated May 25, 2000, Mayor Valles recommended approval of tlte following appointments, as requested by Council Members McGinnis, Suarez, Anderson, and McCammack. Council Member McGinnis Willie M. Brue - Community Development Citizens Advisory Committee (reappointment) Council Member Suarez Dr. Lee Lynch - Community Development Citizens Advisory Committee Richard P. Avila - Board of Fire Commissioners Council Member Anderson Jeanette Rheubottom - Community Development Citizens Advisory Committee (reappointment) Council Member McCammack Susan Benevy - Animal Advisory Cornnlission Jeanette Avila - Central City Parking Place Commission Margaret J. Littrell - Human Relations Commission Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointments requested by Council Members McGinnis, Suarez, Anderson, and McCammack, be approved. 4 6/5/2000 PRESENTATION - AMBASSADOR OF GOODWILL CERTIFICATES - TACHIKIDS - EXCHANGE STUDENTS TO TACHIKAWA, JAPAN (3) Linda Jenkins, Assistant to the Mayor, presented Ambassador of Goodwill Certificates to the following five local students chosen to be exchange students to San Bernardino's sister city, Tachikawa, Japan: Joshua Atencio, San Gorgonio High School; Elizabeth Fredericks, San Bernardino High School; Rebecca Gasca, Michael Goritz and Danielle Sack, Pacific High School. PRESENTATION - AWARDS - WINNERS OF CHARTER REVIEW COMMITTEE PREAMBLE CONTEST (3) Mayor Valles and Jim Morris, Chairman of the Charter Review Committee, presented an award to Emily Canady of San Bernardino High School, who was the winner of the Charter Review Committee Preamble Contest. Several other students were recognized for their efforts and received First Place, Second Place, Third Place and Honorable Mention. PRESENTATION - CERTIFICATES OF RECOGNITION - MR. & MRS. FIDEL AGUIRRE - MRS. MARIA MONGE (3) Mayor Valles presented Certificates of Recognition to Mr. and Mrs. Fidel Aguirre and Mrs. Maria Monge, who recently retired after more than 30 years as owners of Monge's Bridal Shop, and thanked them for their contributions to the community. ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, made several announcements including the ribbon cutting ceremony in the Building Department, Third Floor, City Hall, for the new on-line building permit tracking system; and a ground breaking on June 16, 11:30 a.m.-12 noon, for the new Stater Bros. market on 40th Street. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack noted that the kick-off for the Hot Rod Power Tour had been very successful and captured the spirit of San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated she had a very exciting and fun weekend celebrating her 501h wedding anniversary; expressed regret that Dr. Duneen Debruhl, Principal at Rio Vista School would be leaving and going to Colton; commented on the excellent behavior of the pre-schoolers whose graduation was held at the Westside 5 6/5/2000 Plaza; and advised that there would be a free Cleanup Day on June 10 at the Delmann Heights Community Center from 8:00 a.m. to 12:30 p.m. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez congratulated Mrs. Anderson on her 501h wedding anniversary; commented on the success of the recent Soap Box Derby; and thanked the neighborhood cluster groups in the Fifth Ward, stating that problems in the Fifth Ward have been minimized by their efforts. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that he wanted Fourth Ward residents to know that the slurry sealing project in the Fourth Ward was almost complete, and that Wildwood Park had been included in the project; and wished his grandmother a happy 951h birthday. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis congratulated Mrs. Anderson on her 501h wedding anniversary; congratulated his son, who was high scorer on his high school debate team; and congratulated Christian Monroy for winning a soccer trophy. He commented on the success of the Hot Rod Power Tour; advised that he had visited with Children's Social Services over the weekend and commented on the number of programs the County has for people with children; stated that he had visited the Heritage House (located at 8th and "D" Streets) over the weekend and encouraged others to do the same; and noted that the Stampede baseball team was in full swing. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she had accepted with regret the resignation of Kathyleen Weathers from the Parks and Recreation Commission, thanked Kathyleen for her services, and advised that she is now accepting applications for that position. She also advised that there would be a public hearing for people located in the Phase I area of the proposed Lakes and Streams Project, and those residents will be receiving an invitation to this event. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that there would be a Cleanup Day in the First Ward on June 24, sponsored by the Mt. Vernon Redevelopment Project Area Committee; commented on the amazing success of the Hot Rod Power Tour event; advised that she was unable to attend the last Charter Review meeting because she was on a trip to Texas with the Inland Valley Development Agency looking for people interested in Norton redevelopment; invited First Ward residents who are interested in serving on City commissions and/or boards to call her at the Council Office; and 6 6/5/2000 announced the annual Kiwanis Health Fair being held on Sunday, June II, at Casa Ramona, 1524 West Seventh Street. ANNOUNCEMENTS - MA YOR VALLES (4) Mayor Valles thanked Steve Henthorn of the San Bernardino Visitors and Convention Bureau for the very successful kick-off of the Hot Rod Power Tour; thanked Assistant Superintendent of Schools Judy White for organizing City of Readers; announced that the Stampede would begin a seven game homestand on Thursday, June 8, with Orel Hershiser, who has been added to the Stampede's roster; announced the ribbon cutting in City Hall today to kick-off the new VelocityHall on- line permit system for contractors; and noted that the City was losing two department heads--Mike Hays, Director of Development Services, and Ron Winkler, Development Director of the Economic Development Agency. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman also extended congratulations to Council Member Anderson on the occasion of her 501h wedding anniversary; extended condolences to the family of Ben Cisneros, a family friend since pre-kindergarten days; and invited everyone to watch Channel 3 at 7:00 p.m. on Saturday, June 10, when a film would be shown of what goes on at a rave concert. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that the City would be starting competitive City training for about 80 employees in the Development Services Department. Said training will be conducted by Lee Hansen, with assistance from representatives of the California Trade and Commerce Agency. He noted that the purpose of the training is to help all City employees understand the importance and value of bringing business into our community. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark congratulated Council Member Anderson on her recent golden wedding anniversary. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Lien made a motion, seconded by Council Member Schnetz, 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. 7 6/5/2000 COUNCIL MINUTES (6) Council Member Lien made a motion, seconded by Council Member Schnetz, 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: April 17, 2000; May 2,2000. CLAIMS & PAYROLL (7) Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 31, 2000, from Barbara Pachon, Director of Finance, be approved. ORD. MC-I074 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 995. Final (9) Council Member Lien made a motion, seconded by Council Member Schnetz, that said ordinance be adopted. Ordinance No. MC-1074 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-117 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA HEALTHY CITIES AND COMMUNITIES PROJECT FOR THE FOLLOWING PROJECT: STUDENT BLIGHT EDUCATION PROGRAM. (10) Council Member Lien made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2000-117 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE - CONNECTION TO CITY SEWER SYSTEM - OUTSIDE CITY BOUNDARIES - SAN BERNARDINO COUNTY ANIMAL SHELTER (DEVORE ANIMAL SHELTER) (12) Michael E. Hays, Director of Development Services, submitted a staff report dated May 22, 2000, regarding authorization to proceed with the connection of the San Bernardino County Animal Shelter to the City's sewer system. 8 6/5/2000 Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Director of Development Services be authorized to initiate proceedings to provide connection to the City's sewer system by the San Bernardino County Animal Shelter (Devore Animal Shelter). APPROVE - REQUEST FOR ENCROACHMENT PERMIT - INSTALL HANDICAP RAMP WITHIN SIDEWALK - 793 NORTH "E" STREET (14) Michael E. Hays, Director of Development Services, submitted a staff report dated May 19, 2000, regarding approval of a request for an Encroachment Permit for the installation of a handicap ramp within the sidewalk at 793 North "E" Street. Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the request for permission to construct a handicap ramp within the City sidewalk area at 793 North "E" Street, be approved; and that the City Attorney be directed to prepare the standard form License Agreement to authorize the requested encroachment within the street right-of-way. RES. 2000-118 - 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 CHANGE THE EXISTING NO PARKING ANY TIME ZONE TO A NO PARKING BETWEEN THE HOURS OF 5:00 P.M. AND 7:00 A.M. ON THE EAST SIDE OF MOUNTAIN VIEW AVENUE BETWEEN RIAL TO A VENUE AND SECOND STREET. (15) RES. 2000-119 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF THE CALIFORNIA MAGLEV DEMONSTRATION PROJECT. (18) RES. 2000-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MANAGEMENT AND TRAINING CORPORATION, INLAND EMPIRE JOB CORPS CENTER AND ITS CORPS MEMBERS RELATING TO TRAINING INTERNSHIP WORK EXPERIENCE FOR STUDENTS. (19) 9 6/5/2000 RES. 2000-121 - 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 AMOtlNT OF $178,104 FROM SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES FOR THE ADMINISTRATION OF THE SENIOR NUTRITION PROGRAM. (20) RES. 2000-122 - 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 AMOtlNT OF $196,968 FROM SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES FOR THE ADMINISTRATION OF THE EXPANDED SENIOR COMPANION PROGRAM FOR THE VICTOR V ALLEY AND MORONGO BASIN AREAS FOR THE PERIOD JULY 1,1999 - JUNE 30,2001. (21) RES. 2000-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE YOUTH MENTORING SERVICES AS PART OF COMMUNITY CHALLENGE GRANT FOR THE PERIOD OF JULY 1, 2000 THROUGH JUNE 30, 2001. (22) RES. 2000-124 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $13,525 FOR THE FISCAL YEAR 2000/2001. (23) Council Member Lien made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2000-118, 2000-119, 2000-120, 2000-121, 2000-122, 2000- 123, and 2000-124 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PERSONNEL ACTIONS (8) Council Member Estrada advised that it was her understanding that Suzanne Bryant was hired as a paralegal, with the understanding that her salary would be increased to that of a Deputy City Attorney I on the date she passed her bar exam, which was May 30, 2000. 10 6/5/2000 Council Member Estrada made a motion, seconded by Council Member Schnetz, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 31, 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; with the provision that the promotional salary adjustment for Suzanne Bryant be retroactive to May 30, 2000, the date she passed her bar exam. CONTINUE APPEAL HEARING - TERMINATION OF TOW SERVICES AGREEMENT - DANNY'S TOWING TO JULY 24, 2000 (Continued from April 3, 2000) (24) Lee Dean, Chief of Police, submitted a staff report dated May 24, 2000, recommending that the appeal hearing relative to reinstatement of Danny's Towing to the Police Department Tow Rotation List be continued to July 24, 2000. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation List be continued to July 24, 2000. SEMI-ANNUAL UPDATE - CITY'S GOALS & ACTION PLAN (11) Fred Wilson, City Administrator, submitted a staff report dated May 30, 2000, regarding the semi-annual update to the City's goals and action plan. The Council noted that there were a number of items included in the Action Plan that needed further discussion. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the budget meeting of June 7, 2000. COUNCIL MEMBER McGINNIS EXCUSED At 10:03 a.m., Council Member McGinnis left the Council meeting and declared a conflict of interest on Agenda Item No. 13, stating he lived in close proximity to the proposed project area. RES. 2000-125 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15991, LOCATED AT THE NORTHWEST CORNER OF WIER ROAD AND WATERMAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Discussed later in the meeting - page W (rn II 6/5/2000 The following individuals, residents of an adjacent tract and members of the West Colony Homeowners Association, spoke in opposition to the proposed subdivision tract: Keith Sarger, 176 Cheshire Lane, San Bernardino, CA Dan Brison, 177 Manchester Lane, San Bernardino, CA Dustin Smith, 2531 Shady Glen Lane, San Bernardino, CA Matthew Niemeyer, a new homeowner and member of the Association Jim Fahs, President of JMS Homes, 1903 Raymond Avenue, Costa Mesa, CA, noted that the West Colony Association is a nice development; however, it was processed as an RU 5000 subdivision which allowed for smaller lots. As a result of having smaller lots and greater density, it forced them to have the tot lots, community pools, and community parks to compensate for that additional density. In contrast, the lots in the new development will be approximately 7200 square feet. Mr. Fahs advised that he had met all of the conditions, the maps had been approved, and the appeal period had expired. He added that Planning staff and the Planning Department sent out the appropriate notices, the Planning Commission approved the rezoning and tentative tract map, and they were ready to move forward. Dan Beal, Steven Walker Homes, a residential developer, 7161 Indiana Avenue, Riverside, CA, also advised that all conditions had been met, including compliance with CEQA issues; and stated that if there was any reason to deny this map he would like to know what the reason would be. Council Member Lien stated that it was clear to her that she needed to approve this final map, that she was sympathetic to how the adjacent homeowners felt and the concerns they had expressed; however, there was nothing the Council could do. She did remind the developer that he had agreed to provide information to the new buyers/homeowners on how they could join the West Colony Homeowners Association. Council Member Estrada asked for an explanation of how the new homeowners could be residents of one residential tract and members of the association next door. Mr. Beal advised that what had been discussed was to offer potential buyers a recreational-type packet, which would be like joining a gymnasium or country club, where a monthly fee would be paid for use of the facilities. Mr. Penman advised that inasmuch as there was a veiled threat of litigation regarding this matter, that the Council recess to closed session. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 10:26 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 12 6/5/2000 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. CLOSED SESSION At 10:26 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, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorney Carlyle and Deputy City Attorney Empefio, City Attorney's Office; and Mike Hays, Director of Development Services. DIRECTOR OF DEVELOPMENT SERVICES HAYS EXCUSED At 10:36 a.m., Director of Development Services Hays left the closed session. COUNCIL MEMBER MC GINNIS RETURNED At 10:36 a.m., Council Member McGinnis returned to the closed session. ADJOURN CLOSED SESSION At 10:42 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 10:42 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman announced that the Council had also discussed the following case in closed session: Manta Management Corporation vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 18157. At this time the Mayor and Council took action on Agenda Item No. 13 and related Item No. 25. City Attorney Penman announced that Council Member McGinnis had also declared a conflict of interest on Agenda Item No. 25. 13 6/5/2000 RES. 2000-125 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15991 , LOCATED AT THE NORTHWEST CORNER OF WIER ROAD AND WATERMAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Discussed earlier in the meeting - page 11) (13) Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-125 was adopted by the following vote: Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Absent: Council Member McGinnis. Ayes: Council Nays: None. AUTHORIZE STAFF TO PROCEED FORMATION OF LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1027 - WATERMAN AVENUE & WASHINGTON STREET AREA - TENTATIVE TRACT NOS. 15826 & 15991 (Continued from May 15, 2000) (25) Michael E. Hays, Director of Development Services, submitted a staff report dated May 25, 2000, regarding the formation of Landscape Maintenance Assessment District No. 1027 in the Waterman Avenue and Washington Street area. Council Member Estrada made a motion, seconded by Council Member Suarez, that the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code Section 12.90, with the establishment of a landscape maintenance assessment district in the Waterman Avenue and Washington Street Area, within Tentative Tract Nos. 15826 and 15991, to be known as Assessment District No. 1027. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member McGinnis. COUNCIL MEMBER McGINNIS RETURNED At 10:45 a.m., Council Member McGinnis returned to the Council meeting and took his place at the Council table. 14 6/5/2000 RES. 2000-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS THROUGH HIGHWAYS . . .;" AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF RICHARDSON STREET AND COULSTON STREET. (16) Council Member McGinnis stated that he was concerned about trucks avoiding the Tippecanoe interchange and using the residential streets (Coulston, Davidson and Gould) to get to the Hospitality Lane area. He inquired whether anyone was checking into this matter. Director of Development Services Hays advised that the Traffic Division is studying the area at various times of the day, and staff would report back to the Council if future action was necessary to prohibit through traffic. Council Member McGinnis made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-126 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-127 - 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. (17) Council Member Schnetz inquired whether the City is receiving any rental income on the property. Jim Sharer, Director of Facilities Management, noted that the County did $50,000 of roof repairs and other improvements; however, they lease the building for one dollar per year. Discussion ensued regarding the fact that the County pays market value for other facilities they are using, the language contained in the current lease, when the current lease expires, and whether anything could be done at this time, based on signed agreements, to make any changes. 15 6/5/2000 It was noted that the City has many leases with the County and this is the typical language used in all of the leases. It was also pointed out that the City agreed to maintain the facility, including the heating and air conditioning. Council Member Lien stated that she wanted to make sure that when the lease comes up for renewal that the matter is brought to the Council for discussion. City Attorney Penman advised the Council that his office could do one of two things--they could go over everything in the lease with the Council, or they could give an overview of the general information. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be authorized to solicit lease-purchase rate quotes under the existing Master Lease Agreements and to award the lease purchase contract to the lowest responsible leasing company. CONTINUE - A RESOLUTION APPROVING FINAL MAP - TENTATIVE TRACT NO. 14112 NORTHEASTERLY OF INTERSECTION - FOOTHILL DRIVE & STERLING AVENUE - TO SEPTEMBER 5,2000 (Continued from March 6,2000) (26) Michael E. Hays, Director of Development Services, submitted a staff report dated May 19, 2000, recommending that the resolution approving the final map for Tentative Tract No. 14112 be continued to September 5, 2000. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the final map for Tentative Tract No. 14112 be continued to the Council meeting of September 5,2000. APPROVE - CONDUCT GUIDELINES - ELECTED OFFICIALS & EMPLOYEES (27) Fred Wilson, City Administrator, submitted a staff report dated May 29, 2000, regarding approval of the Conduct Guidelines for elected officials and City employees. Mayor Valles stated that minor changes needed to be made and requested that the matter be continued to the next meeting. 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 19, 2000. 16 6/5/2000 RES. 2000-128 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECOMMENDING THAT THE LEAGUE OF CALIFORNIA CITIES AND THE CALIFORNIA STATE LEGISLATURE ADOPT CERTAIN GUIDING PRINCIPLES WHEN SUPPORTING AND ENACTING STATE/LOCAL FISCAL REFORM MEASURES. (28) City Administrator Wilson explained that discussions are currently taking place in Sacramento relative to government finance reform, and one of the issues being discussed is that of changing the distribution of sales tax to cities. He advised that sales tax is the City's major revenue generator; and in fact, the one major revenue source that has been growing significantly for the past couple of years. He stated that in essence the resolution says that whatever you are doing in Sacramento, make sure that you do not touch sales tax--that this is a local issue and that money we collect should be kept in our city. Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-128 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 AMENDING CHAPTER 2.64 OF THE SAN MUNICIPAL CODE RELATING TO APPEALS COUNCIL. First BERNARDINO BERNARDINO TO COMMON (29) City Attorney Penman explained that said ordinance would codify past practices that the Mayor and Council have applied for any hearings; that over the past several years the practices that have been followed have been inconsistent with the code. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.270 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING LIMITATIONS - THE SAN BERNARDINO BASEBALL STADIUM. (Discussed later in the meeting - page 18) First (SI) City Attorney Penman advised that this ordinance codifies the Mayor's second recent executive order, places it in the Municipal Code, and makes it an infraction for violation of said ordinance. 17 6/5/2000 Council Member McGinnis stated that in light of the budget problems associated with the baseball stadium, he did not favor any action that would take away the revenue being generated by the stadium parking lot. Council Member Lien made a motion, seconded by Council Member Schnetz, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. Absent: None. RECESS MEETING At 11:02 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:06 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.270 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING LIMITATIONS - THE SAN BERNARDINO BASEBALL STADIUM. (Discussed earlier in the meeting - page 17) First (SI) Mayor Valles stated that a correction was necessary on Item SI. City Attorney Penman stated that the section number on the previous document was incorrect and a new document was distributed with the corrected section number, 10.16.270, which would require a motion to reconsider and a motion to layover the ordinance for final adoption. Council Member Schnetz made a motion, seconded by Council Member Suarez, that Item SI be reconsidered. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. Absent: None. Council Member Lien made a motion, seconded by Council Member McCammack, that said amended ordinance be laid over for final adoption. The motion 18 6/5/2000 carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. 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 2:07 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. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1-3) (1) At 2:08 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section: G. Conference with real property negotiator pursuant to Government Code Section 54956.8. I. Property Address: 303 West 3'd Street Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and J. Kevin Brunk of 303 West 3'd LLC Under Negotiation: Purchase terms & conditions 2. Propertv Address: HUD Homes/Numerous Sites Negotiating Parties: Maggie Pacheco on behalf of the Economic Development Agency and Secretary of Housing & Urban Development Under Negotiation: Purchase terms & conditions CLOSED SESSION At 2:09 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 19 6/5/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle, EDA Special Counsel Sabo, EDA Executive Director Van Osdel. ADJOURN CLOSED SESSION At 2:41 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:42 p.m., Chairwoman Valles reconvened the joint regular meeting of the Mayor and 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; Economic Development Agency (EDA) Special Counsel Sabo, EDA Executive Director Van Osdel, City Clerk Clark. AUTHORIZE PAYMENT - LUDWIG ENGINEERING - PARKING & STREET IMPROVEMENT DESIGN SERVICES - CONSTRUCTION OF THE DOWNTOWN CINEPLEX - $41,700 (R30) Development Director Ron Winkler submitted a staff report dated May 23, 2000. Executive Director Van Osdel stated that services under the purchase order exceeded the level of expenditure the Executive Director was authorized to approve and both the Agency and Ludwig Engineering agreed that $41,700 represented a fair value of their services. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize payment of $41,700 to Ludwig Engineering for parking and street improvement design services required due to construction of the Downtown Cineplex. COUNCIL MEMBER SCHNETZ EXCUSED At 2:44 p.m., Council Member Schnetz stated that he would abstain from voting on Agenda Item No. R31 to avoid the appearance of a conflict as he had done real estate consultant work for the applicant in the past. CITY ATTORNEY PENMAN ARRIVED At 2:44 p.m., City Attorney Penman arrived at the Council meeting. 20 6/5/2000 RES. 2000-129 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A FLOAT LOAN AGREEMENT WITH OCELOT ENGINEERING, INC., A CALIFORNIA CORPORATION, D.B.A. CHAPARRAL MOTOR SPORTS (BORROWER). (R31) Ron Winkler, Director of Development, provided background information and reviewed relevant points of the staff report. Mr. Winkler clarified the terms and benefits of the float loan agreement and the cost to the Agency. Special Counsel Sabo explained the float capacity. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. City Attorney Penman referred the Council to Item 19 on page 24 of the staff report, regarding conflict of interest, to make sure everyone was aware of and fully understood the provision. Resolution No. 2000-129 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Schnetz. COUNCIL MEMBER SCHNETZ RETURNED. At 2:59 p.m., Council Member Schnetz returned to the Council meeting and took his place at the Council table. RES. CDC/2oo0-14 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE A HOME PROGRAM ACQUISITION REHABILITATION AND OPERATION AGREEMENT (FISCAL YEAR 1998-99 HOME/CHDO FUNDS) BY AND BETWEEN CENTRAL CITY LUTHERAN MISSION, INC., AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MAKING CERTAIN FINDINGS OF EXEMPTION UNDER THE NATIONAL ENVIRONMENTAL PROTECTION ACT AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (SPECIAL NEEDS HOUSING ASSISTANCE PROGRAM). (R32) Maggie Pacheco, Director of Housing and Community Development, Economic Development Agency, provided background information and reviewed relevant points of the staff report. 21 6/5/2000 Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. CDC/2oo0-14 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 3:07 p.m., City Attorney Penman stated that since he was on the Board of Directors of the Arrowhead United Way and was the chairperson of an Allocations Committee having access to confidential information. he disqualified himself and his office and stated that the resolution was signed as prepared and approved by Special Counsel Sabo. RES. 2000-130 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING (1) THE ALLOCATION OF EMERGENCY SHELTER GRANT (ESG) FUNDS TO MARY'S MERCY CENTER, INC., OPTION HOUSE, INC., SALVATION ARMY AND FRAZEE COMMUNITY CENTER (THE "SUBRECIPIENTS") AND (2) EXECUTION OF THE STANDARD ESG AGREEMENTS BY THE MAYOR (OR HER DESIGNEE), AS PREPARED AND APPROVED BY THE CITY ATTORNEY. (R33) Maggie Pacheco, Director of Housing and Community Development, provided background information and reviewed relevant points of the staff report. Council Member Anderson made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-130 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE ARRIVED At 3:09 p.m., Senior Assistant City Attorney Carlyle arrived at the Council meeting. TIPPECANOE AGENCY AS PROJECT. DESIGNATE CITY LEAD AGENCIES & REDEVELOPMENT PEARLMAN/HOPKINS (R34) Executive Director Van Osdel provided the background information. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the Community Development Commission authorize the Executive Director to file a request that the Inland Valley Development 22 6/5/2000 Agency designate the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino as lead agencies for processing, authorizing and filing California Environmental Quality Act and National Environmental Protection Act documents for the Pearlman/Hopkins Project. RES. 2000-131 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE ACQUISITION OF ASSESSOR PARCEL NUMBER 261-111-37 TO BE IN LIEU OF ACQUISITION UNDER FORECLOSURE PROCEEDINGS UNDER THE IMPROVEMENT BOND ACT OF 1915 OR THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WITHIN THE PROVISIONS OF REVENUE AND TAXATION CODE SECTION 4986.3. (R35) Executive Director Van Osdel stated that one of the parcels was encumbered with a lot of taxes and this would enable the City to request the County to forgive at least the Community Facilities District (CFD) portion of those unpaid taxes and he hoped that would occur before the Agency took title to the property. Special Counsel Sabo added that only one parcel was subject to the Mello- Roos foreclosure with the other parcel being acquired by the Agency in lieu of the foreclosure. Mr. Sabo stated that there was a procedure in the Mello-Roos law that allowed a legislative body to request the Board of Supervisors to eliminate those back taxes. Council Member McGinnis made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 2000-131 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC HEARING - REDEVELOPMENT PLAN - 40TH STREET REDEVELOPMENT PROJECT AREA (R36) Mayor Valles opened the joint public hearing on behalf of both the Common Council and the Community Development Commission. Mayor Valles thanked the members of the Project Area Committee (PAC) for their time and effort and stated that the PAC and the City Planning Commission recommended that the 40'h Street Redevelopment Plan be adopted and the final Environment Impact Report (EIR) be approved and certified. CITY CLERK CLARK EXCUSED At 3:05 p.m., City Clerk Clark was replaced by Deputy City Clerk Sandra Medina. 23 6/5/2000 Mr. Winkler presented the history of the plan adoption process followed by presentations by Felice Acosta, consultant from Rosenow Spevacek Group (RSG), and Phil Martin, EIR consultant from Culbertson, Adams and Associates. Deputy City Clerk Medina read into the record a letter from the North End Neighborhood Association (NENA) dated June 5, 2000, expressing support of the 401h Street Redevelopment Project and encouraging its implementation. Residents living in the area north of 41" Street submitted a petItIOn with approximately 140 signatures requesting that no commercial development be permitted north on to 41" Street. Deputy City Clerk Medina read into the record a letter from the San Bernardino County Redevelopment Agency, dated May 31, 2000, addressed to Ron Winkler, Economic Development Agency, expressing their concerns relative to the proposed redevelopment project area for 40th Street. The following public comments were received: Don Teunissen, 4075 Mirada Street, Highland, CA 92346, expressed his concerns regarding eminent domain. The following individuals spoke in favor of the project: Jim Mulvihill, 407 W. 251h Street, San Bernardino, CA Tom Gronewald, 242 E. 36th Street, San Bernardino, CA David Schulze, 7026 Barton Street, San Bernardino, CA Chehab El Awar, 4009 Sierra Way, San Bernardino, CA Claudia Oakes, 1381 E. Ralston Avenue, San Bernardino, CA Jim Cain, representative for the shopping center at 40th Street and Sierra Way Jim Morris, 776 Bernard Way, San Bernardino, CA George Schnarre, real estate broker and property owner RECESS MEETING At 4:45 p.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 4:51 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, EDA Special Counsel Sabo, EDA Executive Director Van Osdel, Deputy City Clerk Medina. Absent: None. 24 6/5/2000 Mr. Sabo suggested that the hearing be continued to June 19, 2000. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the public hearing be continued to June 19, 2000. Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, to accept the changes and recommendations submitted by the Project Area Committee as itemized in the Public Hearing Binder for the 40'h Street Redevelopment Project under Tab #3. Council Member Schnetz distributed a map indicating an area comprised of single family homes that he proposed be excluded from condemnation powers. The properties to be excluded extend from the east side of Sepulveda to the west side of Waterman Avenue and along both sides of 41" Street and has been depicted as a shaded area on the map. Council Member McCammack distributed a similar map that proposed smaller boundaries to insure the City would not have to replace up to 1000 units of low to moderate income housing. However, in the interest of time, Councilwoman McCammack suggested keeping the project area boundaries as they are proposed, but exclude all multi-family units from the powers of condemnation in addition to the area proposed by Councilman Schnetz. Council Member Schnetz stated that he would not support Council Member McCammack's proposal. Discussion continued regarding the number of single-family and multi-family units in the project area and where the replacement units would be located. Concern was expressed that displacement of low income housing units would be concentrated in one area and not spread throughout the City. Council Member Schnetz made a motion, seconded by Council Member McGinnis, that the 40th Street Redevelopment Project Area be approved, except that the properties on the east side of Sepulveda Avenue to the west side of Waterman Avenue and along 41" Street, be excluded from condemnation. (Shown as the highlighted gray shaded area on the map submitted by Council Member Schnetz.) The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: McCammack. Absent: None. COUNCIL MEMBER McGINNIS EXCUSED At 5:29 p.m., Council Member McGinnis left the Council meeting. 25 6/5/2000 RES. 2000-132 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING AND APPROVING THE REPORT TO CITY COUNCIL IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R36A) RES. CDC/2000-15 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING THE PARTICIPATION AND RE-ENTRY PREFERENCE FOR PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS, ADOPTING THE METHOD OF RELOCATION; AND APPROVING THE REPORT TO CITY COUNCIL IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R36B) Council Member Schnetz made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-132 and CDC/2000-15 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: Council Member McGinnis. RES. 2000-133 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF LOW- AND MODERATE-INCOME HOUSING FUNDS IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R37A) RES. CDC/2000-16 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF LOW- AND MODERATE-INCOME HOUSING FUNDS IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT AND REQUESTING THE MAYOR AND COMMON COUNCIL TO CONCUR IN SUCH FINDINGS. (R37B) Council Member Schnetz made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-133 and CDC/2000-16 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: Council Member McGinnis. 26 6/5/2000 PUBLIC COMMENTS (38) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the deaths of Paul Wells and Jim Cox and also expressed his concerns regarding obstructing an officer in the line of duty. COUNCIL MEMBER SCHNETZ EXCUSED At 5:37 p.m., Council Member Schnetz left the Council meeting. ADJOURNMENT (39) At 5:41 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to 2 p.m., Wednesday, June 7, 2000, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California for a budget workshop. RACHEL G. CLARK, CMC City Clerk By ~ ~-I Linda Hartzel Deputy City Clerk Bv4J~~.d~ Linda Sutherland Deputy City Clerk No. of Items: 40 No. of Hours: 6.7 27 6/5/2000