Loading...
HomeMy WebLinkAbout06-19-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING MONDAY, JUNE 19, 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 Pro Tem Estrada at 8:08 a.m., Monday, June 19, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; 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 following additional case would be discussed in closed session: Citv of San Bernardino Municipal Water Department vs. U.S. Department of the Armv, U.S. District Court Case No. CV 96-8867- MRP, Central District of California. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 35 & 37) (1) At 8:08 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Management vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Stewart D. Cumming. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 66744; Ezzat Soliman vs. Citv of San Bernardino - United States District Court Case No. EDCV 00-301VAP(RCx); 1 6/1912000 Bruce Park vs. Citv of San Bernardino - Worker's Compensation Case Nos. SBR 0270360 and SBR 0267607. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Agencv Negotiator: Ed Raya, Human Resources Director Emolovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Prooertv Address: 303 West 3 cd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and J. Kevin Brunk of 303 West 3" LLC Under Negotiations: Purchase terms & conditions CLOSED SESSION At 8:10 a.m., Mayor Pro Tem Estrada called the closed session to order in the conference room of the Council Chambers of City Hall. 2 6/19/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; 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 Attorneys Carlyle and Simmons; Deputy City Attorney Barnes; Administrative Operations Supervisor Anderson, City Attorney's Office; Director of Human Resources Raya; Special Counsel Bob Parsons of Bolson, Kuntz and Serembe. DIRECTOR OF HUMAN RESOURCES RAY A & SPECIAL COUNSEL PARSONS EXCUSED At 8:14 a.m., Director of Human Resources Raya and Special Counsel Parsons left the closed session. DEPUTY CITY ATTORNEY EMPENO. SPECIAL COUNSEL JACOBSON & WATER DEPARTMENT GENERAL MANAGER KERSEY ARRIVED At 8:14 a.m., Deputy City Attorney Empefio, Special Counsel Tom Jacobson of Gresham, Savage, Nolan and Tilden, and Water Department General Manager Bernard Kersey arrived at the closed session. COUNCIL MEMBER McGINNIS ARRIVED At 8:20 a.m., Council Member McGinnis arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. MAYOR V ALLES ARRIVED At 8:34 a.m., Mayor Valles arrived at the closed session. WATER DEPARTMENT GENERAL MANAGER KERSEY & SPECIAL COUNSEL JACOBSON EXCUSED At 8:37 a.m., Water Department General Manger Kersey and Special Counsel Jacobson left the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:59 a.m., Senior Assistant City Attorney Simmons and Deputy City Attorney Empefio left the closed session. 3 6/19/2000 DIRECTOR OF FINANCE PACHON & DIRECTOR OF HUMAN RESOURCES RAY A ARRIVED At 8:59 a.m., Director of Finance Pachon and Director of Human Resources Raya arrived at the closed session. ADJOURN CLOSED SESSION At 9:22 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:24 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members McGinnis, Anderson. COUNCIL MEMBER McGINNIS ARRIVED At 9:25 a.m., Council Member McGinnis arrived at the Council meeting and took his place at the Council table. INVOCATION The invocation was given by Reverend Kendall Clark Baker, First Congregational Church of Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Deonte Clayton, a 4"' grade student at Ramona-Alessandro School. REAPPOINTMENT SALLY MORRIS COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - COUNCIL MEMBER McCAMMACK (2) Mayor Valles submitted a staff report dated June 14, 2000, recommending the reappointment of Sally Morris to the Community Development Citizens Advisory Committee, as requested by Council Member McCammack. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the reappointment of Sally Morris to the Community Development Citizens Advisory Committee, as requested by Council Member McCammack, be approved. 4 6/19/2000 COUNCIL MEMBER ANDERSON ARRIVED At 9:30 a.m., Council Member Anderson arrived at the Council meeting and took her place at the Council table. PRESENTATION TO CITY - RONALD F. CARDUCCI AMERICAN PUBLIC WORKS ASSOCIATION - "2000 PROJECT OF THE YEAR" AWARD - ORANGE SHOW ROAD EXTENSION (3) Ray Casey, City Engineer, gave a brief description of the Orange Show Road Extension project and acknowledged members of his staff who were instrumental in its completion. Mr. Casey then introduced Mr. Ronald F. Carducci, Board Member of the Riverside/San Bernardino Chapter of the American Public Works Association (APW A). Mr. Carducci commented that the coordination and cooperation of multiple agencies in the development and construction of the project was significant. Mr. Carducci quoted APW A President, Trent Pulliam, by stating that "the project truly reflects the successful combination of engineering, planning, management, construction and public benefits". Accepting the "2000 Project of the Year" award was Mayor Valles; Michael Hays, Director of Development Services; and Ray Casey, City Engineer. PROCLAMATION - "SUMMER OF READING" (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the summer of 2000 as the "Summer of Reading." Ophelia Roop, Library Director, accepted the proclamation. ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced the following events: . Computer training at San Bernardino Adult School on June 20, for a small fee. . Ribbon cutting at Empire Occupational and Urgent Care Center, June 21, from 8:30 to 11:00 a.m. . Caliente Music Food Festival on Main Street at Court Street Square on June 23. . Last weekend of the Renaissance Faire, June 24 and 25. . YWCA Casino Night, June 24. . Police and Fire Games from June 25 through July 1. . Fourth of July parade. 5 6/19/2000 SERVICE PIN AWARDS (3) Teri Rubi 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 Debra Sermeno Michael Grubbs Margaret Park Geoffrey West Gary Schultzman Juanita Buckner Virginia Ingram Department Code Compliance Development Services Development Services Development Services Fire Human Resources Police Years of Service 10 15 5 5 30 15 10 ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that on Saturday, June 24, at 8 a.m., the Mt. Vernon Project Area Committee would be hosting its first clean-up day on the Mt. Vernon strip and dumpsters would be located at 6th and Mt. Vernon. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that there would be a special evening meeting of the San Bernardino Regional Water Resources Authority on June 26 at 6 p.m. in the Council Chambers and encouraged attendance of those residents in the Phase I area who have been unable to attend previous meetings. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that he attended the groundbreaking ceremony of the new Stater Bros. facility on 40th Street and was excited that the adjacent property owner was going to look into changing the facade and adding landscaping to match the new Stater Bros. store. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez reported that the Verdemont Neighborhood Cluster Group had their clean-up day on the 3" and they collected 11 dumpsters with a total of almost 24 tons. Secondly, several teams met at Blair Park for closing ceremonies and he wished them all good luck. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson attended the Pal Center's graduation where the main speaker was Ruben "Hurricane" Carter; attended the reopening at Nunez Park and was 6 6/19/2000 so impressed with their "State of the Art" swimming pool and children's pool she plans to start lobbying for CDBG funds to build a pool on the corner of Baseline and California; stated that the Precinct Reporter celebrated 35 years of continuous service to the City; attended a Juneteenth Party celebrating the Emancipation Proclamation; held two meetings concerning water wells and contamination from Camp Ono--one meeting was held at King School with 70 people in attendance and the other meeting was held at Roosevelt School; a clean-up day was scheduled for July 8 at Delmann Heights; a clean- up day was held in June at Delmann Heights with 9 dumpsters and 11.4 tons collected. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack stated that Wednesday at 6:00 p.m., Saturday at 1:00 p.m. and next Monday at 8:30 a.m., there would be an airing on Channel 3, of a community update she did with Councilman Suarez and Mayor Valles regarding current issues, current affairs, hopes, goals and dreams for their individual wards; reported that some of the concerned citizens regarding County Flood Control have been contacted by the County of an upcoming meeting with the date and time yet to be determined. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles thanked the Council members for taking such an active role in the community. Mayor Valles announced the inauguration of the City's Center for Employee Excellence and acknowledged the collaborative efforts of City staff as well as Dr. Lee Hanson of Cal State University San Bernardino and husinesspeople in the private sector who all participated to bring it about. Mayor Valles reported that as a result of the efforts and support of Senator Jim Brulte and Senator Nell Soto, the City was poised to receive over a million dollars in State funding that would allow the City to embark on three major projects awaiting the Governor's approval: A new children's park, the seismic retrofitting of the five-level parking structure adjacent to City Hall, and the establishment of an International Cultural Center where the City's diverse cultures could be celebrated. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman distributed a copy of a letter received from the Fair Political Practices Commission, which was in response to a request posed to them on behalf of Council Member McGinnis and urged anyone with questions regarding the matter to contact his office. 7 6/19/2000 ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson stated that he was pleased to report that Mayor Valles was selected as the "Outstanding Elected Official of the Inland Empire" this past year by the American Society of Public Administration, who recognized her leadership skills and commitment to excellence. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark informed the audience that on Sunday, June 25, the San Bernardino Breakfast Rotary Club would be holding its 14th Annual Tin Man Triathlon at Cal State beginning at 10 a.m. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion. seconded by Council Member McGinnis, 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. CLAIMS AND PAYROLL (6) Council Member Anderson made a motion. seconded by Council Member McGinnis, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 14,2000 from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated June 14, 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. ORD. MC-I075 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.64 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS TO COMMON COUNCIL. (Final) (8) Council Member Anderson made a motion, seconded by Council Member McGinnis, that said ordinance be adopted. 8 6/19/2000 Ordinance No. MC-I075 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-134 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PYRAMID BUILDING & CONSTRUCTION FOR CONSTRUCTION OF STREET IMPROVEMENTS ON MOUNTAIN AVENUE BETWEEN 39TH ST. AND 40TH ST., PER PLAN NO. 10076. (12) Council Member Anderson made a motion. seconded by Council Member McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 1999/00 budget and transfer $20,000 from 129-367-5504- 7158 "Palm/Baseline-20'h rehabilitation pavement (co-op with Highland)" to 129-367- 5504-7157 "Mountain Avenue south of 401h Street - remove sandbag wall and replace with barrier." Resolution No. 2000-134 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY NORTH OF 20TH STREET BETWEEN GUTHRIE STREET AND NEWCOMB STREET. (14) RES. 2000-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT LOCATED IN THE NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA WITHOUT COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1018; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (15) 9 6/19/2000 RES. 2000-137 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIM AND NASCIMENTO, INC. FOR CIVIL ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR SEISMIC RETROFIT OF SIX (6) BRIDGES. (16) RES. 2000-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH CHJ INCORPORATED, CAL-WEST CONSULTANTS, AND, LOR GEOTECHNICAL GROUP, INC. FOR PROVISION OF PROFESSIONAL SOILS ENGINEERING SERVICES. (17) RES. 2000-139 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GUIDELINES FOR NEW DEVELOPMENT AND REDEVELOPMENT. (18) Council Member Anderson made a motion. seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2000-135 through 2000-139 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (20A) RES. 2000-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA. (20B) RES. 2000-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE DISTRICT, 16TH STREET AND MEDICAL CENTER DRIVE AREA. (20C) 10 6/1912000 RES. 2000-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE DISTRICT, CARNEGIE DRIVE AREA. (20D) RES. 2000-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, ZONE 1, LANDSCAPING MAINTENANCE, SHANDIN HILLS AREA. (20E) RES. 2000-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, SEWER LIFT STATION MAINTENANCE DISTRICT, PINE A VENUE AREA. (20F) RES. 2000-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, SEWER LIFT STATION MAINTENANCE DISTRICT, ALLEN STREET AREA. (20G) RES. 2000-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE DISTRICT, AIRPORT DRIVE. (20H) RES. 2000-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND EUCALYPTUS AVENUE AREA. (201) RES. 2000-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND MILL STREET AREA. (20J) RES. 2000-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE DISTRICT, PINE AVENUE AND BELMONT AVENUE AREA. (20K) 11 6/19/2000 RES. 2000-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE DISTRICT, MERIDIAN AVENUE AND RANDALL AVENUE AREA. (20L) RES. 2000-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE DISTRICT, PIEDMONT DRIVE AREA. (20M) RES. 2000-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND MACY STREET AREA. (20N) RES. 2000-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, SEWER LIFT STATION AND LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND MACY STREET AREA. (200) RES. 2000-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE DISTRICT, VERDEMONT DRIVE AND OLIVE AVENUE AREA. (20P) RES. 2000-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND JUNE STREET AREA. (20Q) RES. 2000-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE DISTRICT, CHESTNUT AVENUE AREA. (20R) RES. 2000-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE DISTRICT, PENNSYLVANIA AVENUE AND BIRCH STREET AREA. (20S) 12 6/19/2000 RES. 2000-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200012001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1002, LANDSCAPING MAINTENANCE DISTRICT, "H" STREET AREA. (20T) RES. 2000-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, INSTALLATION OF TRAFFIC SIGNALS, COMMERCENTER EAST AND HOSPITALITY LANE. (20U) RES. 2000-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND PEPPER LINDEN AVENUE AREA. (20V) RES. 2000-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND RANDALL AVENUE AREA. (20W) RES. 2000-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND BURNEY STREET AREA. (20X) RES. 2000-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT, COULSTON STREET AREA. (20Y) RES. 2000-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT, KENDALL AVENUE AND PINE AVENUE AREA. (20Z) RES. 2000-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1019, LANDSCAPING MAINTENANCE DISTRICT, NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA. (20AA) 13 6/19/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL AND DALLAS AREA. (Discussed later in the meeting - page 18) (20BB) RES. 2000-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1023, LANDSCAPING MAINTENANCE DISTRICT, ELM AND COULSTON AREA. (20CC) RES. 2000-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1024, LANDSCAPING MAINTENANCE AND SEWER LIFT STATION DISTRICT, INLAND CENTER AND RIVERW ALK AREA. (20DD) Council Member Anderson made a motion. seconded by Council Member McGinnis, that resolutions A through DD be adopted. except for BB. Resolution Nos. 2000-140 through 2000-168 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO AMEND THE JOINT POWERS AUTHORITY CONTRACT FOR THE REGIONAL EMERGENCY AIRCRAFT RESCUE FIREFlGHTlNG TRAINING FACILITY TO CORRECTLY IDENTIFY THE JOINT POWERS AUTHORITY MEMBERS, CITY OF SAN BERNARDINO, SAN BERNARDINO COMMUNITY COLLEGE DISTRICT, AND COUNTY SERVICE AREA 70 SAN BERNARDINO COUNTY CONSOLIDATED FIRE DISTRICT. (22) RES. 2000-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING PRESCRIBED AND/OR TRAINING BURNS. (23) 14 6/1912000 RES. 2000-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH TWO SINGLE YEAR RENEWAL OPTIONS , TO CREATIVE COMPUTER SOLUTIONS FOR MAINTENANCE AND SUPPORT OF UNlDATA, SB+ AND CCS MODULES FOR THE CITY'S FINANCIAL SYSTEM AND THE MUNICIPAL WATER DEPARTMENT'S FINANCIAL SYSTEM. (25) RES. 2000-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO HTE FOR MAINTENANCE AND SUPPORT OF CX, LX, CR, QREP, & GUI MODULES FOR THE WATER DEPARTMENT'S UTILITY BILLING SYSTEM (UB). (27) RES. 2000-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE RENEWAL OF THE SECOND YEAR OF A THREE-YEAR MAINTENANCE CONTRACT FOR MAINTENANCE SERVICES ON THE COMPUTER-AID ED- DISPATCH SYSTEM (CAD), RECORDS MANAGEMENT SYSTEM (RMS) AND MOBILE DATA SOFTWARE USED BY THE POLICE AND FIRE DEPARTMENTS FROM TIBURON, INC., OF FREMONT, CALIFORNIA. (28) RES. 2000-174 - RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM. (31) RES. 2000-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A PROGRAM CONTINUATION GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE AMOUNT OF $272,288 TO CONTINUE THE ADMINISTRATION AND OPERATION OF THE SENIOR COMPANION PROGRAM FOR THE PERIOD JULY 1, 2000 THROUGH JUNE 30, 2001. (32) 15 6/19/2000 RES. 2000-176 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS TO PROVIDE AMMUNITION, BALLISTIC VESTS AND VEHICLE RENTALS TO BE UTILIZED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. (33) Council Member Anderson made a motion. seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2000-169 through 2000-176 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-177 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO. (9) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-177 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, INC. A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITY WIDE GRAFFITI REMOVAL PROGRAM. (Discussed later in the meeting - page 24) (10) Council Member Estrada asked if this item could be held over until the afternoon in order to get a breakdown of the CDBG funds. Council Member Estrada made a motion, seconded by Council Member Lien, and unanimously carried, that the item be continued to the afternoon. 16 6/19/2000 RES. 2000-178 - 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). (11) Council Member McGinnis wanted to ensure that elderly people were protected from being evicted from their property. Glenn Baude, Code Compliance Director, stated that there were many programs and volunteers to help resolve any problems for the elderly before eviction would take place. Council Member McGinnis made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-178 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO ECONOMICS RESEARCH ASSOCIATES TO PREPARE AN ECONOMIC FEASIBILITY STUDY FOR THE CITY OF SAN BERNARDINO. (13) Council Member Estrada stated that she felt the study should come before the Council for input on land use issues. Valerie Ross, Principal Planner from the Development Services Department, stated that a workshop could be scheduled prior to conclusion of the study whereby the Council could provide input to the consultant. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-179 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. APPEAL HEARING - ELITE TOWING, INC. - APPEAL OF COUNCIL RESOLUTION NO. 2000-47 - NON-INCLUSION IN POLICE TOW ROT A TION (Continued from March 20, 2000) (38) 17 6/19/2000 Wayne Harp, Assistant Chief of Police, submitted a staff report dated June 7, 2000 regarding Elite Towing's appeal. Mayor Valles opened the hearing. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the hearing be closed and that the City accept Elite Towing's withdrawal of their request to be included in the tow rotation. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ACQUISITION AND IMPROVEMENTS FOR THE DOWNTOWN CENTRAL CITY PARKING DISTRICT NO. 947 (ROLL 1 ONLY). (19) City Administrator Wilson requested that the matter be continued for two weeks, as there were some issues with the Parking Commission that needed to be worked out. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter by continued to the Mayor and Common Council meeting of July 10, 2000. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL AND DALLAS AREA. (20BB) City Attorney Penman requested that the matter be continued for two weeks, as there was a Proposition 218 issue that needed to be addressed. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of July 10, 2000. COUNCIL MEMBER SUAREZ EXCUSED At 10:36 a.m., Council Member Suarez left the Council meeting. RES. 2000-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 2000/2001 PURCHASE OF SERVICES WITH GTE CALIFORNIA FOR FRAME RELAY SERVICES FOR CONNECTIVITY OF CITY REMOTE SITES TO CITY HALL FOR THE CITY OF SAN BERNARDINO. (24) 18 6/19/2000 Council Member McGinnis asked if different companies were able to bid on this item or did the City only use GTE. Janis Ingels, Director of Management Information Services, stated that the City used GTE because to change to another vendor would mean changing almost all of the equipment, which would be a major cost to the City. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-180 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, McCammack. Nays: None. Absent: Council Member Suarez. COUNCIL MEMBER SUAREZ RETURNED At 10:37 a.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. RES. 2000-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF A MAINTENANCE CONTRACT FOR THE CITY'S DOCUMENT IMAGING SYSTEM FROM DATAMAX TECHNOLOGIES OF CULVER CITY, CALIFORNIA. (29) Council Member McCammack stated that the word "annually" needed to be included between the number $68,214.00 and the word "for" on line 11 of the resolution. Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted and the word "annually" be added to the resolution. The motion carried, and Resolution No. 2000-181 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-182 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE PURCHASING MANAGER TO EXECUTE A PURCHASE ORDER INCORPORATING FORMAL RFQ #FOO-45 AND THE SUCCESSFUL BID IN THE AMOUNT OF $126,092, FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND SAFETY SURFACING AT PERRIS HILL AND WILDWOOD PARKS TO CONFERENCE COMMUNICATIONS GROUP, INC., dba MICON CONSTRUCTION. (30) 19 6/1912000 Council Member Lien suggested that the playground construction work not be started until after the summer season. Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-182 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. DELETE SURVEY TECHNICIAN I & INSPECTOR REEST ABLlSH FIELD DEVELOPMENT SERVICES DEPARTMENT CONSTRUCTION ENGINEER (34) Ed Raya, Director of Human Resources, submitted a staff report dated June 8, 2000, requesting the deletion of two vacant positions of Survey Technician I and a Construction Inspector, and reestablishment of the Field Engineer position in the Public Works Division of the Development Services Department. Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that one position of Survey Technician I, Range 1312 ($2,104-$2,558/month) be deleted; that one position of Construction Inspector, Range 1370 ($2,810-$3,4611month) be deleted; that one position of Field Engineer, Range 4496 ($5,268-$6,403/month) be reestablished; that the Human Resources Department be directed to update Resolution 6413, Section 11, and Resolution No. 97-352 to reflect these actions; and that the Director of Finance be directed to amend the FY 2000/01 budget to reflect the position as noted in the staff report, dated June 8, 2000. RECLASSIFY - TYPIST CLERK II TO TYPIST CLERK III - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (35) Ed Raya, Director of Human Resources, submitted a staff report dated June 8, 2000, requesting the reclassification of one Typist Clerk II position to a Typist Clerk III in the Parks and Recreation and Community Services Department. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that one Typist Clerk II, Range 1263 ($1,648- $2,003/month) be reclassified to a Typist Clerk III, Range 1283 ($1,821- $2,213/month); that the Human Resources Department be directed to update Resolution 6413, Section Ten, to reflect this particular action; and that the Director of Finance be directed to amend the FY 2000/01 to reflect the position as noted in the staff report dated June 8, 2000. 20 6/19/2000 ESTABLISH ACCOUNT CLERK II - ALARM UNIT - POLICE DEPARTMENT (36) Ed Raya, Director of Human Resources, submitted a staff report dated June 8, 2000, recommending the addition of an Account Clerk II position to the Alarm Compliance Unit of the Police Department. City Clerk Clark clarified the motion for the record. Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that the position of Account Clerk II, Range 1283 ($1,821-$2,213/month) be established in the Alarm Unit of the Police Department; that the Human Resources Department be directed to update Resolution 6413, Section Ten, to reflect this particular action; and that the Director of Finance be authorized to amend the FY 2000/01 expense budget to increase revenue Account No. 001-000-4305 (Annual Alarm Permits) by $75,000 and amend the Police Department's FY 2000-01 expense budget to add $33,000 for an additional Account Clerk II position in Account No. 001-213-5011. ADDITION OF POLICE CAPTAIN POSITION DEPARTMENT POLICE (37) Ed Raya, Director of Human Resources, submitted a staff report dated June 8, 2000, requesting the establishment of a new Administration Division in the Police Department. Council Member Lien asked that if it were determined after one year that the position should be continued, would the lieutenant position be permanently deleted. Wayne Harp, Assistant Chief of Police, stated that after one year the project would be re-evaluated and brought back before the Council. Council Member Schnetz asked what was the rationale behind having the position, which was mostly administrative, be that of a sworn officer. Assistant Chief Harp stated that he felt a sworn person with the necessary specific administrative skills would be the best fit. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that that the addition of one Police Captain (U), Range P5 ($8,459 flat) be authorized; and that the Police Department be authorized to hold vacant for one year a position of Police Lieutenant, Range P4 ($7,281 flat). 21 6/19/2000 RECESS MEETING At 10:47 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 11 :05 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valley; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. CONDUCT GUIDELINES FOR ELECTED EMPLOYEES (Continued from June 5, 2000) OFFICIALS & (41) City Administrator Wilson stated that the Council still had some concerns that had to be addressed before the draft, revised guidelines could be adopted. Council Member Anderson asked if a statement could be placed in the Conduct Guidelines whereby department heads and people coming before the Council would be required to be sworn in and take an oath that their statements were the truth so they could be held accountable. Council Member Schnetz stated that the Legislative Review Committee (LRC) was in the process of reviewing the laws of Council meetings to address the issue and asked staff to research the official rules of the Council and how they could be modified to include such language and how it could be enforced. Council Member McCammack stated that she asked Mr. Wilson to also include some language regarding staff and department heads and information they gather for Council with the purpose of making informed decisions. City Attorney Penman stated that the Council was currently a legislative body with certain immunities and being sworn in might create legal ramifications. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of July 10, 2000. 22 6/1912000 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.250 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING LIMITATIONS - THE SAN BERNARDINO BASEBALL STADIUM. (Discussed later in the meeting - page 26) Final (42) City Attorney Penman requested that this item be held over until the afternoon when additional information on the parking could be presented that might benefit the Council. Council Member Anderson made a motion. seconded by Council Member McCammack, and unanimously carried, that the matter be continued to the afternoon. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDlVISIOl\ TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE 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. (Continued from February 22,2000) (43) Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council approve the continuance of Final Map for Tentative Tract No. 14193 to the Mayor and Common Council meeting of September 18, 2000. REQUEST FOR A FOUR-WAY STOP - CORNER OF BELMONT & WALNUT AVENUES (44) Council Member Suarez submitted a staff report dated June 6, 2000, requesting that a four-way stop be installed at the corner of Belmont and Walnut Avenues. Council Member McGinnis stated that he had a similar request last year that had to go through a traffic study and asked staff to comment on the City's liabilities in controlling an intersection that might create a hazard. City Attorney Penman stated that the State legislation required cities to meet certain standards before they could enforce traffic at certain intersections, and under certain circumstances where specifications were not met, the law could not be enforced. If warrants showed that a stop sign was justified and was not put up, then there would be liability. Mr. Penman stated that the Council had the authority to put up stop signs and the police would enforce it. 23 6/19/2000 COUNCIL MEMBER McGINNIS EXCUSED At 11:31 a.m., Council Member McGinnis left the Council meeting. Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that the request for a four-way stop at the corner of Belmont and Walnut Avenues be approved. JOIN AMICUS CURIAE BRIEF - SUPPORT COUNTY OF SONOMA COUNTY OF SONOMA, ET AI.., VS. CALIFORNIA DEPARTMENT OF FINANCE, ET AL (SI) City Attorney Penman submitted a staff report dated June 15, 2000, requesting authorization to join amicus curiae brief in support of the County of Sonoma in the case of County of Sonoma, et al. v. California Department of Finance, et al. Council Member Anderson 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 County of Sonoma in the case of County of Sonoma, et al. vs. California Department of Finance, et al. RECESS MEETING At 11:36 a.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:08 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RES. 2000-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, INC. A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITY WIDE GRAFFITI REMOVAL PROGRAM. (Discussed earlier in the meeting - page 16) (10) City Administrator Wilson distributed and reviewed with the Council a memorandum dated June 19, 2000, regarding the Los Padrinos Contracts. He noted that the City has a contract for $214,000, to be paid from the General Fund; in 24 6/19/2000 addition, the EDA has a separate contract using Community Development Block Grant (CDBG) funds for $120,000--for a total funding of $334,000. Council Member Estrada questioned whether there were any CDBG monies left over from previous years. Maggie Pacheco, Director of Housing and Urban Development, noted that at the upcoming Redevelopment Committee meeting they would be discussing use of unspent CDBG funds from projects in prior years which have been completed without using all of the allocated funding. She advised, however, that there are other projects that have not been completed to which this money needs to be reallocated; and in the final analysis, once the reallocations have been agreed on and approved, there would probably be no funds left over from prior years. Council Member Estrada inquired whether the Council could approve this agreement now, but bring it back later if it was ascertained that there were additional CDBG funds that could be used for this purpose, thus lowering the General Fund contribution. City Administrator Wilson stated that this could be done without a problem since the contract is on a month-to-month basis and can be re-addressed at any time. Council Member Anderson made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-183 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. RES. 2000-184 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CONRAD AND ASSOCIATES, L.L.P. FOR THE PROVISION OF FINANCIAL Al1DlTING SERVICES. (21) Barbara Pachon, Director of Finance, distributed a memo dated June 19, 2000, regarding the Audit RFP, with an attached summary sheet which detailed the Request for Proposals process and contained a cost summary of this particular proposal. Ms. Pachon explained the rationale for selecting the firm of Conrad and Associates and advised that the selected firm would be required to complete the audit for the bid price, putting in whatever hours are needed to get the job done. 25 6/1912000 Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-184 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.270 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING LIMITATIONS - THE SAN BERNARDINO BASEBALL STADIUM PREMISES. (Discussed earlier in the meeting - page 23)(See related Agenda Item Nos. 39 & 40 on pages 30-33) First (42) City Attorney Penman noted that the following changes needed to be made to the ordinance as follows: Lines 3, 8, 11 and 18 - add the word "premises" after the word stadium. City Clerk Clark noted that the agenda had incorrectly shown the Municipal Code Section as 10.16.250; however, it should be Section 10.16.270. She read the correct ordinance title into the record with the corrected Municipal Code Section and adding the word "premises" after the word stadium in the title. Council Member McGinnis stated that he did not think limiting the use of the parking lot was a good idea since the City is losing approximately $500,000 per year as a result of operating the stadium and could use the revenue from leasing the parking lot to offset this loss. Roger Diamond, 2115 Main Street, Santa Monica, CA, legal counsel for Mr. Ezzat Soliman, expressed opposition to said ordinance and indicated that he and his client would like to meet with City staff to discuss the matter. He pointed out that Mr. Soliman has a five-year lease with the Masterdome for promoting concerts; and when he leased the Masterdome, he also entered into an agreement with the City to lease parking spots at the stadium, for which he pays over $100,000 per year. Mr. Diamond advised that even though the City's stated rationale for limiting use of the stadium parking lot to events held on stadium premises was to avoid future confusion regarding the stadium parking lot, it was his belief that this action was taken to curtail the concerts put on by his client, and this amounted to discriminatory treatment of Mr. Soliman. He asked the Council to table the matter until a study session could be held to resolve the problem. Mr. Diamond commented on the issuance of the Mayor's executive orders and implored the Council not to adopt the ordinance. He stated that there was no 26 6/19/2000 emergency, and that if Mr. Soliman's parking is taken away he would just move elsewhere in the city. Council Member McCammack made a motion, seconded by Council Member Anderson, 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. CITY ADMINISTRATOR WILSON EXCUSED At 2:44 p.m., City Administrator Wilson left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 2:44 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & SPECIAL COUNSEL SABO ARRIVED At 2:44 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo arrived at the Council meeting. 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 2:45 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. ADMINISTRATIVE POLICY ISSUE CERTIFICATES OF COMPLETION - PROJECTS COMPLETED AT LEAST FIVE YEARS (R45) Gary Van Osdel, Economic Development Agency Executive Director, submitted a staff report dated June 12, 2000, regarding the issuance of Certificates of Completion for projects which have been completed for at least five years. Discussion ensued regarding whether the proposed action would include future projects as well, and several Council Members indicated they would not have a problem with the Executive Director issuing Certificates of Completion as long as the projects have had a legal review and sign-off prior to issuance of the certificates. 27 6/1912000 Council Member McCammack made a motion, seconded by Council Member Anderson, and unanimously carried, that the ComnlUnity Development Commission authorize the Executive Director to administratively issue a Certificate of Completion for projects which have been completed for at least five years. EXECUTIVE DIRECTOR V AN OSDEL EXCUSED At 2:51 p.m., Executive Director Van Osdel left the Community Development Commission meeting due to an alleged conflict of interest, stating that his wife is an independent contractor who sells pre-arranged funeral insurance for Forethought Insurance Company, and some of her clients include Bobbitt Memorial Chapel. He asked Ann Harris, Director of Business Recruitment. Retention and Revitalization, to come forward and answer any questions relative to Agenda Item No. R46. RES. CDC/2000-17 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING AND AUTHORIZING EXECUTION BY THE CHAIRPERSON OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO OF AN AMENDMENT TO THAT CERTAIN 1999 PROPERTY OWNER REDEVELOPMENT AGREEMENT (BOBBITT MEMORIAL CHAPEL) DATED JULY 1, 1999, TO EXTEND THE TIME FOR COMPLETION OF THE DEVELOPMENT PROJECT TO A DATE NOT LATER THAN JULY 31, 2001. (R46) Ann Harris, Director of Business Recruitment, Retention and Revitalization, advised that due to certain design issues, construction had been delayed, which necessitated extending the time for completion of the project. Council Member McGinnis made a motion, seconded by Council Member McCammack, that said resolution be adopted. Resolution No. CDC/2000-17 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. EXECUTIVE DIRECTOR V AN OSDEL RETURNED At 2:52 p.m., Executive Director Van Osdel returned to the Community Development Commission meeting. TEFRA HEARING & REHABILITATION LOAN - PIONEER PARK PLAZA SENIOR HOUSING COMPLEX - 560 NORTH "F" STREET - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA (R47) 28 6/19/2000 Maggie Pacheco, Director of Housing and COInmunity Development, submitted a staff report dated June 14, 2000, regarding a rehabilitation loan for Pioneer Park Plaza Senior Housing Complex. Chairwoman Valles opened the hearing. Ms. Pacheco reviewed highlights of the staff report with the Council and answered questions regarding the proposed project. Council Member Schnetz asked whether the 160 units would be a credit towards low- to moderate-income housing for redevelopment project purposes. Ms. Pacheco answered in the affirmative, stating that it would be credited towards the Agency's obligation to provide inclusionary housing and would be credited towards the Central City Redevelopment Plan. Susan Hartman, a resident of Mentone and advocate for the homeless, expressed some opposition to urban development projects such as this. RES. 2000-185 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF MULTI-UNIT MORTGAGE REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PIONEER PARK PLAZA SENIOR HOUSING COMPLEX LOCATED AT 560 NORTH "F" STREET, SAN BERNARDINO (THE "PROJECT"). (R47) Council Member Anderson made a motion, seconded by Council Member Lien, that the hearing be closed; that said resolution be adopted; and that the Community Development Commission authorize the preparation of a Rehabilitation Housing Loan in the amount of $250,000, three percent (3%), 35-year term, to A. F. Evans Development, Inc., ("Developer") for the rehabilitation of the Pioneer Park Plaza Senior Housing Complex located at 560 North "F" Street, downtown San Bernardino, and authorizing staff and Agency Special Counsel to prepare a Rehabilitation Senior Housing Loan Agreement. The motion carried, and Resolution No. 2000-185 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SENIOR ASSIST ANT CITY A TTORNEY CARLYLE EXCUSED At 2:59 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman 29 6/19/2000 ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL AND SPECIAL COUNSEL SABO EXCUSED At 2:59 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo left the Council meeting. CITY ADMINISTRATOR WILSON RETURNED At 2:59 p.m., City Administrator Wilson returned to the Council meeting. At this time, the Mayor and Council considered Agenda Item Nos. 39 and 40 simultaneously. APPEAL HEARING - EXECUTIVE ORDER 2000-2 - LIMIT PARKING AT BASEBALL STADIUM TO EVENTS HELD AT STADIUM - EZZAT SOLIMAN (See related Agenda Item No. 42 on page 26) (39) APPEAL HEARING - DENIAL OF REQUEST FOR PARKING FOR JUNE 2000 - BY ANNIE RAMOS, PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR (See related Agenda Item No. 42 on page 26) (40) Huston T. Carlyle, Jr., Senior Assistant City Attorney, submitted a staff report dated June 14, 2000, regarding the appeal hearings hy Mr. Ezzat Soliman concerning the validity of Executive Order No. 2000-2 and the subsequent denial of his parking request for June 2000. Mayor Valles opened the hearings. At the request of Roger Diamond, 2115 Main Street, Santa Monica, CA, legal counsel for Ezzat Soliman, the Mayor and Council agreed that the comments made earlier in the meeting relative to Agenda Item No. 42 could be incorporated into this matter so they would not need to be restated. Mr. Diamond offered into evidence a transcript of the deposition of Mayor Judith Valles, which was taken on Tuesday, June 13, 2000, and requested that it be made part of the record so he would not have to repeat all of the evidence. This was agreed to by Mayor Valles. Mr. Diamond read various parts of the Mayor's deposition transcript. Jolena Barnes, Deputy City Attorney, outlined the sequence of events related to the issuance of the executive orders. She stated that on April 26, 2000, Executive Order 2000-1 was issued. It was one week after three people were stabbed and one shot at a hip-hop event at a City-owned facility. In addition, there had been three deaths during the prior 18 months, and these were also due to rave events 30 6/19/2000 Ms. Barnes pointed out that the judge's order denied the plaintiff's request for a temporary restraining order based on Executive Order 2000-1, indicating that those circumstances would not be sufficient to uphold the order. She added that at the time Executive Order 2000-1 was issued, no one was thinking about the Masterdome. It was after the parking permits were issued that it came to the Mayor's attention that three separate entities--Stampede Baseball, Big Red Apple, and Parks and Recreation--were all scheduling events using the stadium parking lot. Therefore, to prevent the possibility of future confusion, the Mayor issued Executive Order 2000-2, which superseded Executive Order 2000-1, dealing with the stadium parking lot. Ms. Barnes read Executive Order 2000-2, in its entirety, into the record. She stated that Mr. Soliman had challenged Executive Order 2000-2, and at the temporary restraining order stage the court not only discussed the constitutionality of Executive Order 2000-2, but also denied Mr. Diamond's request for a temporary restraining order. At this time, Ms. Barnes read the court's order into the record wherein it was stated that Executive Order 2000-2 did not, on its face, violate the first amendment. The court also pointed out that the City had offered evidence that there was alternative parking available at two shopping centers one block north of the Masterdome, and that the plaintiff was able to hold his concerts on May 19 and 20, 2000 without the use of the City's parking lot. Ms. Barnes advised that the City had submitted a declaration by Captain Michael Billdt of the San Bernardino Police Department which stated that on the nights of May 19 and 20, 2000, the Masterdome arena had a public event. He stated that each night he was in the area of the Masterdome at several different times, and on each night he observed some vehicles parking at the two parking centers one block north of the Masterdome. In addition, some vehicles were parked in a lot across the street and to the south of the Masterdome. He stated that he did not observe any unusual traffic problems on either night. Ms. Barnes advised that Executive Order 2000-2 deals with the Stampede parking lot and applies to any person who wants to have an outside event and utilize the parking lot. The City is not applying this order to only Mr. Soliman, and the court has upheld the constitutionality of Executive Order 2000-2 at the temporary restraining order stage. In closing, Ms. Barnes quoted from the Mayor's deposition transcript, page 104, beginning on line 13, where the City Attorney asked the Mayor whether the second executive order was issued to stop rave concerts, or for the reasons stated in the second executive order; and the Mayor replied that it was for the reasons stated in the order. Under questioning by his attorney, Mr. Soliman indicated that the management of the Food for Less and Marshall's parking lots would not allow him to park in their lots. He also indicated that the City has fenced off the area at Congress and "G" 31 6/19/2000 Streets, so he is unable to utilize the lot across the street for parking. Also, the City had informed him that he could not park in the dirt area at Rialto and "G" Street because it is not paved. RECESS MEETING At 3:39 p.m., Mayor Valles declared a ten-minutes recess to allow the Council to read the Mayor's deposition. RECONVENE MEETING At 3:54 p.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, McGinnis, Schnetz, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Suarez. APPEAL HEARING - EXECUTIVE ORDER 2000-2 - LIMIT PARKING AT BASEBALL STADIUM TO EVENTS HELD AT STADIUM - EZZAT SOLIMAN (See related Agenda Item No. 42 on page 26) (39) APPEAL HEARING - DENIAL OF REQUEST FOR PARKING FOR JUNE 2000 - BY ANNIE RAMOS, PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR (See related Agenda Item No. 42 on page 26) (40) COUNCIL MEMBER SUAREZ RETURNED At 3:55 p.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. Discussion ensued relative to parking space available to Mr. Soliman other than the stadium parking lot. Mr. Diamond questioned Police Captain Michael Billdt of the Patrol Division regarding available parking after May 20, 2000; particularly, parking at the shopping center parking lots. Mr. Diamond maintained that except on maybe one occasion, Mr. Soliman could not use these parking lots after May 20 because the owners had hired security and taken other measures so he could no longer use them. Captain Billdt stated that he did not know whether Mr. Soliman had access to the parking lots after May 20. Mr. Diamond inquired whether the Police Department would allow Masterdome patrons to continue parking on the dirt lot adjacent to the Masterdome facility, and Captain Billdt advised that the City does not own the property and up to this time has 32 6/1912000 not expended the resources necessary to curtail this activity. Captain BilIdt stated that this is really not the call of the Police Department, but ultimately rests with the property owner. He also pointed out that before a vehicle can be towed from a private property, the entrances to the parking lot must be properly noticed on a sign 17 inches with I-inch letters that say "No Parking." On the nights he was there, the lots were not properly posted; however, he could not say today whether or not the property owners have posted their property. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that both appeals be continued to 10:00 a.m. on July 10, 2000. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the Council was trying to legislate morality. CITY ADMINISTRATOR WILSON EXCUSED At 4: 14 p.m., City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Executive Director Van Osdel. CITY ATTORNEY PENMAN EXCUSED At 4: 15 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo. PUBLIC HEARING - REDEVELOPMENT PLAN - 40TH STREET REDEVELOPMENT PROJECT (Continued from June 5, 2000) (R48) Note: The hearing remained open from the previous meeting. Jim Mulvihill, 407 West 25th Street, San Bernardino, CA, stated that he was a certified urban planner, and that this plan had some of the clearest objectives of any plan he had ever seen. He added that 40th Street needs this project. RES. CDC/2000-18 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA ACKNOWLEDGING THE CONDUCT AND CLOSE OF THE JOINT PUBLIC HEARING FOR THE 40TH STREET REDEVELOPMENT PROJECT AND APPROVING THE RESPONSE AND FINDINGS TO WRITTEN OBJECTIONS. (R48A) 33 6/19/2000 RES. CDC/2000-19 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING THE EXISTENCE OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA AS MORE PARTICULARLY DESCRIBED IN THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R48B) RES. CDC/2000-20 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT, APPROVING THE REDEVELOPMENT IMPLEMENTATION PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND THE MITIGATION MONITORING PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R48C) RES. 2000-186 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ACKNOWLEDGING THE CONDUCT AND CLOSE OF THE JOINT PUBLIC HEARING FOR THE 40TH STREET REDEVELOPMENT PROJECT AND APPROVING THE RESPONSE AND FINDINGS TO WRITTEN OBJECTIONS. (R48D) RES. 2000-187 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CONSENTING TO THE PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE DESIGN, CONSTRUCTION AND FINANCING OF CERTAIN PUBLIC IMPROVEMENTS FOR THE 40TH STREET REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND MAKING CERTAIN DETERMINATIONS CONCERNING SUCH PUBLIC IMPROVEMENTS. (R48E) RES. 2000-188 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND THE MITIGATION MONITORING PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. (R48F) Council Member Schnetz made a motion. seconded by Council Member McCammack, that the hearing be closed; and that said resolutions be adopted. 34 6/19/2000 The motion carried, and Resolution Nos. CDC/2000-l8, CDC/2000-19, CDC/2000-20, 2000-186, 2000-187 and 2000-188 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT. First (R48G) Council Member Schnetz made a motion, seconded by Council Member Anderson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: None. PUBLIC COMMENTS (49) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted a document titled, Exhibit A. San Bernardino Police Department Drops The Ball, relative to events surrounding the death of Paul Wells. Lee McConahy, 261 South Arrowhead, San Bernardino, CA, commended the hard work of the Charter Review Committee. He stated that a lot of special interest groups are attacking this committee; however, he would like to see their recommendations go forward. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1 & 37) (1) At 4:28 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No.1, pages 1 & 2. CLOSED SESSION At 4:28 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. 35 6/19/2000 Also present: Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo, and Project Manager Hoeger. ADJOURN CLOSED SESSION At 4:33 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 4:33 p.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, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman advised that after reviewing the ordinance relative to hiring outside counsel and learning that the City was going to have the proposed Charter changes reviewed by outside counsel, it would be necessary for the Council to approve the hiring of the law firm(s). RET AIN OUTSIDE COUNSEL - REVIEW DRAFT CHARTER PROPOSAL PREPARED BY CHARTER REVIEW COMMITTEE - POSSIBLE REWRITE & LEGAL ANALYSIS (NB1) Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Mayor Valles explained that a law firm would be retained to review the current Charter draft prepared by the Charter Review Committee for form and language and to look at legal content applicable to state and federal laws. It would then be returned to the committee for discussion and changes. A second firm would perform a comparative analysis of the present Charter versus the proposed Charter and a legal analysis of language in the voter pamphlet. These services would be provided for an amount not to exceed $25,000. City Attorney Penman advised that the motion would need to state that the firm of Richards, Watson and Gershon be retained to perform the first review at a rate of $215 per hour, and that the firm of Gresham, Savage, Nolan and Tilden be retained for the comparison analysis and legal analysis of voter pamphlet language at a rate of $200 per hour. 36 6/19/2000 Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the firm of Richards, Watson, and Gershon be retained at a rate of $215 per hour to 1) review the current draft Charter as proposed by the Charter Review Committee for form and language, 2) look at the legal content applicable to State and Federal laws, and 3) for a possible rewrite of some sections for conformance with items 1) and 2) above, but with no major substantive changes to those that are proposed by the Charter Committee; and that the firm of Gresham, Savage, Nolan and Tilden be retained at a rate of $200 per hour to 1) perform a second review in order to prepare a comparative analysis (If the present Charter versus the proposed Charter, and 2) to perform a legal analysis of language in the voter pamphlet, not to exceed $25,000 for both firms without prior Council approval. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 35) (1) At 4:39 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No.1, pages 1 & 2. CLOSED SESSION At 4:39 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle; Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo, and Project Manager Hoeger. CITY ATTORNEY PENMAN EXCUSED At 4:44 p.m., City Attorney Penman left the closed session. COUNCIL MEMBERS ESTRADA & McGINNIS EXCUSED At 4:54 p.m., Council Members Estrada and McGinnis left the closed session. ADJOURN CLOSED SESSION At 4:55 p.m., the closed session adjourned to the Council Chambers of City Hall. 37 6/19/2000 RECONVENE MEETING At 4:55 p.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 Lien, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, McGinnis, Schnetz. ADJOURNMENT (50) At 4:56 p.m., the meeting was adjourned to 2:00 p.m., Tuesday, June 20,2000, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, July 10, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By u~~ Linda E. Hartzel Deputy City Clerk ~ ~r . ." e/ By, /t.~ _..t:l..--J.O<- ~.' Linda Sutherland Deputy City Clerk No. of Items: 52 No. of Hours: 9 38 6/19/2000