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HomeMy WebLinkAbout07-10-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 10, 2000 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:06 a.m., Monday, July 10, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 21) (1) At 8:07 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): Ezzat Soliman vs. Citv of San Bernardino - United States District Court Case No. EDCV 00-301 V AP (RCx); Richard Bowman vs. Citv of San Bernardino - Worker's Compensation Case Nos. SBR 0251295; SBR 0251296 and SBR 0261507; Citv of San Bernardino vs. The Harris Co.. et al. - San Bernardino Superior Court Case No. SCVSS 60057. 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. 7/10/2000 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 Emplovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:09 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 Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorney Carlyle; Deputy City Attorney Barnes; Administrative Operations Supervisor Anderson, City Attorney's Office; Director of Human Resources Ed Raya; and Special Counsel Louis Seaman of Bolson, Kuntz and Serembe. DIRECTOR OF HUMAN RESOURCES RAY A & SPECIAL COUNSEL SEAMAN EXCUSED At 8:12 a.m., Director of Human Resources Raya and Special Counsel Seaman left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:13 a.m., Council Member Estrada arrived at the closed session. 2 7/10/2000 DIRECTOR OF HUMAN RESOURCES RAY A & DIRECTOR OF FINANCE PACHON ARRIVED At 8:29 a.m., Director of Human Resources Raya and Director of Finance Pachon 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 agenda of the Mayor and. Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 9:10 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:18 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Father Barnabas Laubach, Chaplain at St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Suarez. APPOINTMENTS HUMAN RELATIONS COMMISSION, PLANNING COMMISSION & SENIOR AFFAIRS COMMISSION - MAYOR VALLES & COUNCIL MEMBERS SCHNETZ & McCAMMACK (2) Mayor Valles submitted staff reports dated June 28, 2000 recommending approval of the following appointments on behalf of herself and Council Members Schnetz and McCammack. Mayor Valles Charlie Seymour - Human Relations Commission 3 7/10/2000 Council Member Schnetz Neiland K. Derry - Planning Commission Council Member McCammack Margaret J. Littrell - Senior Affairs Commission Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the appointments requested by Mayor Valles and Council Members Schnetz and McCammack, be approved. PROCLAMATION - SENIOR NUTRITION WEEK - JULY 17-21, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation honoring the Senior Nutrition Program on the occasion of its 23'd anniversary and declaring July 17-21,2000, as Senior Nutrition Week. Oscar Perrier, Parks and Recreation Supervisor, accepted the proclamation. PRESENTATION TO CITY - PARTICIPATION IN SISTER CITY LIBRARIES - WHITE HOUSE MILLENNIUM COUNCIL PROJECT (3) Thelma Press, Director of International and Cultural Affairs, presented the Sister City Libraries award to Mayor Valles in cooperation with Tachikawa, Japan, the City's first and most active sister city. Millicent Price accepted the award on behalf of the San Bernardino Public Library. PRESENTATION TO CITY - CHECKS TOTALING $826,899.98 (3) City Attorney Penman stated that as a result of a lawsuit, the City of San Bernardino received several checks from the State of California: $65,487.61 to the San Bernardino Joint Powers Authority; $75,663.59 to the City of San Bernardino; $124,046.98 to the Public Safety Authority; and $561,701.80 to the Redevelopment Agency, for a total of $826,899.98. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced various events taking place in San Bernardino including a presentation of Cinderella at Perris Hill Park Bowl from July 21, 2000 through August 5, 2000; and the Chamber of Commerce Golf Tournament at Palm Meadows on August 25, 2000. Mr. Quiel complimented Mr. Lee Hanson, Professor of California University, San Bernardino, on his article in the newspaper regarding cities working together and encouraged everyone to shop and do business locally" 4 7/10/2000 ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack congratulated the City of San Bernardino on its first annual Fourth of July parade and the Stampede for an exciting game; wished her husband a happy anniversary; announced that the 30/40 Neighborhood Association would be meeting at the Calvary Baptist Church at Parkdale and Sierra Way on July 11, 2000, and the Muscupiabe Neighborhood Association would be meeting at the Methodist Church at 30th and G Streets on July 17, 2000; and noted that there would be a neighborhood Cleanup Day on July 22 at the new Stater Bros. shopping center, east of Sierra Way from 8:00 a.m. to 12:30 p.m. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that a Cleanup Day was held on July 8 with pick up sites at Delmann Heights and the California Garden at Rio Vista School; congratulated The Black Voice, The Precinct Reporter, The Wests ide Storv, and The American newspapers for their years of service to the City with special kudos to Samuel Martin, who was the first publisher with The Precinct Reporter, The Black Voice, and The American. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez thanked the organizers of the parade and especially "The Over the Hill Gang" for providing the antique cars used by some of the Council Members in the parade; reminded residents that it was fire season and urged everyone to keep their weeds cut down; and offered his heartfelt sympathies and condolences to the families of those individuals who were killed over the weekend. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she learned of the passing of Dan Griffin, who was instrumental in the dedication of the County Medical Chapel in memory of Gabrielle Mulvane; and attended a ceremony at Perris Hill Park renaming the swimming pool the "Jerry Lewis Family Swim Center" in recognition of Congressman Lewis' role in its renovation. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that the Mt. Vernon Redevelopment Project Area Committee held their first Cleanup Day on June 24, and with the assistance of the Mt. Vernon Business Association, Los Padrinos. Job Corps., the neighborhood association, Code Compliance and the Refuse Department, collected almost 32 tons of trash; thanked and congratulated the Chamber of Commerce, Judi Penman, Thelma Press and all the organizers of the Fourth of July activities; and alerted the public to a day camp held by the Parks and Recreation Department at Hernandez Center. 5 7/10/2000 As a result of multiple killings that occurred in her neighborhood over the weekend, Council Member Estrada asked the Council to consider allocating $1 million of the City's budget reserve in order to hire 15 police officers and develop teams to monitor actions of parolees in the community. City Attorney Penman advised that the above matter arose subsequent to the posting of the agenda and that a motion was necessary in order to place it on the agenda for discussion. ALLOCATE $1 MILLION TO HIRE 15 POLICE OFFICERS & DEVELOP TEAMS TO MONITOR ACTIONS OF PAROLEES IN THE COMMUNITY (See Items 37 & NBl on pages 17 & 18) Council Member Estrada made a motion, seconded by Council Member McCammack, to discuss the matter of allocating $1 million to the Police Department, which arose after the agenda was posted. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. Absent: None. It was the consensus of the Council to discuss the matter at 2 p.m., along with budget discussions. COUNCIL MEMBER ESTRADA EXCUSED At 10 a.m., Council Member Estrada left the Council meeting. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis congratulated the City, the Mayor, and her staff on the success of the parade and encouraged citizens of San Bernardino to take advantage of the new United Education Institute (UEI) at Waterman and Caroline. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles thanked Thelma Press for coordinating the historical elements of the parade and declared it would be bigger and better next year; commented on the record attendance at the 4th of July concert at Seccombe Lake Park; reported that a study conducted by the California State University of San Bernardino revealed that the economic impact of the Power Tour to the region was $500,000; and announced that the Sinfonica Juvenil de Tijuana would be performing' at 5 p.m. on Sunday, July 30, at the California Theater, and encouraged residents to attend. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman also extended congratulations on the success of the parade; addressed a question received from a Council member dealing with the number of votes it takes to pass an item by citing Article 3, Section 31 of the current Charter, 6 7/10/2000 which reads, "Each ordinance or resolution to be valid must be passed by a vote of not less than four (4) councilmen and approval by the Mayor, provided that if the Mayor fails to approve the same it may be passed by a vote of not less than five (5) Councilmen, and shall take effect as if approved by the Mayor." WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. CLAIMS & PAYROLL (6) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 29, 2000, from Barbara Pachon, Director of Finance, be approved. RES. 2000-190 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO (8) RES. 2000-191 - 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) RES. 2000-192 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ALCORN FENCE COMPANY, INC. FOR GUARDRAIL IMPROVEMENTS AT LITTLE MOUNTAIN DRIVE SOUTH OF KENDALL DRIVE, AND PACIFIC STREET AND CHURCH AVENUE PER PLAN NO. 10094. (12) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-190, 2000-191 and 2000-192 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 7 7/10/2000 APPROVE - CONTRACT CHANGE ORDER NO. TWO - HOLLAND-LOWE CONSTRUCTION, INC. - STREET & SIGNAL IMPROVEMENTS - 6TH STREET FROM "H" STREET TO ARROWHEAD AVENUE - PLAN NO. 9995 (13) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that Contract Change Order No. Two to the contract with Holland-Lowe Construction, Inc., be approved for Street and Signal Improvements on 6th Street from "H" Street to Arrowhead Avenue for a total Change Order amount of $7,430.00, increasing the contract total from $262,982.35 to $270,412.35. RES. 2000-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO SIGN AN OFFICE SUPPLIES AND SERVICES "PIGGY BACK" ADDENDUM AGREEMENT (ATTACHED) AND ISSUE AN ANNUAL PURCHASE ORDER TO OFFICE DEPOT FOR CITY- WIDE OFFICE SUPPLY PURCHASES, WITH THREE SINGLE YEAR OPTION RENEWALS. (15) RES. 2000-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD A PURCHASE ORDER, AND AN ANNUAL PURCHASE ORDER AND MAINTENANCE AGREEMENT WITH FOUR SINGLE YEAR RENEWAL OPTIONS, TO SKIPCO INC. FOR CITY- WIDE COPIER ACQUISITION, MAINTENANCE AND SUPPLIES. (16) RES. 2000-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO RENEW THE MAINTENANCE CONTRACT FOR THE CITY'S 800 MHz VOICE/DATA BACKBONE, FOR MDC MAINTENANCE, FOR DISPATCH CONSOLE MAINTENANCE AND FOR USER EQUIPMENT MAINTENANCE WITH THE COUNTY OF SAN BERNARDINO'S 800 MHz GROUP. (18) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-193, 2000-194 and 2000-195 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 8 7/1 0/2000 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 2000/2001 MAINTENANCE CONTRACT WITH CATG CORPORATION FOR MAINTENANCE OF THE CITY'S COMPUTER AND NETWORKING HARDW ARE AND OPERATING SYSTEM SOFTWARE. (19) Note: City Clerk Clark stated that a request was received from Management Information Services to continue this matter for two weeks. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to July 24, 2000. RES. 2000-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, RELATING TO DELIVERY OF LUNCHES AND SNACKS TO DELMANN HEIGHTS HEADST ART CENTER. (20) RES. 2000-197 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE PURCHASING MANAGER TO EXECUTE A PURCHASE ORDER INCORPORATING FORMAL RFQ #F01-09 AND THE SUCCESSFUL BID IN THE AMOUNT OF $40,839.50 FOR THE RESURFACE/RENOVATION OF NORTON GYM TENNIS COURTS TO CALIFORNIA SURFACING. (21) RES. 2000-198 - 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 $50,592 TO CONTINUE THE ADMINISTRATION AND OPERATION OF THE RETIRED AND SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001. (22) RES. 2000-199 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING SECTIONS 2 AND 3 OF RESOLUTION NO. 2000-176, AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO U.S. ARMOR FOR THREAT LEVEL III BALLISTIC VESTS, AND AUTHORIZING TO READVERTISE FOR BIDS FOR THREAT LEVEL II BALLISTIC VESTS. (24) 9 7/10/2000 RES. 2000-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO CALIFORNIA TURF FOR TORO LAWNMOWER PARTS AND SUPPLIES. (25) RES. 2000-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO POMA DISTRIBUTING COMPANY, INC. FOR AUTOMOTIVE, HEAVY TRUCK AND HEAVY EQUIPMENT LUBRICANTS TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT. (26) RES. 2000-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO FRANKLIN TRUCK PARTS AND MCCRAY ENTERPRISES FOR THE PURCHASE OF HEAVY DUTY VEHICLE REPAIR PARTS, INCLUDING BRAKE PARTS AND SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (27) RES. 2000-203 - RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO AMREP, INC. FOR PARTS AND MATERIALS TO SUPPORT THE CITY'S REFUSE FLEET TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT. (28) RES. 2000-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF ONE (1) 1989 MODEL % TON PICK UP TRUCK FROM SURPLUS TO THE INLAND VALLEY DEVELOPMENT AGENCY (I.V.D.A.) LOCATED AT THE SAN BERNARDINO INTERNATIONAL AIRPORT FOR GENERAL AND GROUNDS MAINTENANCE. (29) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-196 through 2000-204 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 10 7/10/2000 APPEAL HEARING - EZZAT SOLIMAN - EXECUTIVE ORDER 2000-2 (Continued from June 19, 2000) (31) APPEAL HEARING - EZZAT SOLIMAN/SHOWCASE THEATER- DENIAL OF PARKING REQUEST - ANNIE RAMOS - PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR (Continued from June 19, 2000) (32) Note: Agenda Items 31 and 32 were considered simultaneously. The hearing remained open from the previous meeting. City Attorney Penman stated that the matter was continued in order to give the Council sufficient time to read the Mayor's deposition transcript and requested it be entered into the record. Mr. Penman submitted a Planning Department staff report for Conditional Use Permit No. 92-18 dated July 21, 1992 and a Public Works Department staff report from the February 5, 1998 Council meeting requesting authorization to prohibit parking from 7:00 p.m. to 5:00 a.m. on Valley and Congress Streets west of "G" Street. Roger Diamond, 2115 Main Street, Santa Monica, CA, Attorney representing Mr. Ezzat Soliman, stated that the Masterdome building has inadequate parking. CUP No. 92-18 required that parking be allowed on the street; however, when the Baseball Stadium parking lot was developed, parking restrictions were imposed on the surface streets. Mr. Soliman leased the premises two years ago for the purpose of holding concerts, and during that time the City allowed Mr. Soliman to utilize the baseball stadium parking lot, on a per event basis, for $100,000 per year. Mr. Diamond stated that he understood the Mayor's decision to limit parking was motivated by her effort to deal with the City's rave concert problem, but felt there was a better way to solve the problem. Mr. Diamond stated that the inadvertent impact of the Mayor's Executive Orders could be rectified by allowing Mr. Soliman to continue paying the City for the privilege of using the parking lot. Mr. Diamond stated that he believed it would be impermissible for the City to utilize the parking issue for the indirect purpose of terminating the business, and requested that the Council override all three Executive Orders and reconsider the matter in order to come up with a better solution. City Attorney Penman stated that the City of San Bernardino has no responsibility to provide parking for private businesses and remarked that owners must take responsibility for the types of events they hold. Mr. Penman stated that it was the Council's decision to determine whether the Mayor's Executive Order No. 2000-2 should be overridden relative to Agenda Item No. 31. In Agenda Item No. 32, Ms. Ramos was responding to the Mayor's Executive Order and Mr. Soliman's request to conduct a swap meet from 9 p.m. to 7 a.m. Mr. Diamond asked that the City allow Mr. Soliman to continue to use the Stadium parking lot or reopen street parking and stated that depriving patrons access to parking would be a violation of the CUP and a violation of the law. II 7/10/2000 City Attorney Penman stated that the City has the right to regulate the use of its parking facilities and the right to decide that the parking facility will only be used for events occurring at the venue where the parking lot is located. He said it was a City matter and was not an attempt to put Mr. Soliman out of business. Council Member McGinnis stated that his opposition has always been that the City has not been able to create revenue to make the stadium self-sufficient and should continue to think of ways to generate money. Council Member Anderson made a motion, seconded by Council Member McCammack, that the hearing be closed and the appeals be denied. The motion carried by the following Schnetz, Suarez, Anderson, McCammack. Absent: Council Member Estrada. vote: Ayes: Council Members Lien, Nays: Council Member McGinnis. ORD. MC-I076 - 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. Final (34) City Attorney Penman advised that if passed, the ordinance would codify the Mayor's Executive Order 2000-2, which would limit parking at the Stadium to events taking place at the Stadium premises. The Mayor's third executive order limits events throughout the City at all City-owned venues to continue no later than 1 :30 a.m. Roger Diamond asked why the City would not want to utilize the parking lot for events not located on the site and why would the City want to do this by ordinance, thereby restricting its own options. Mr. Diamond requested that the ordinance not be adopted. Mayor Valles stated that the making of money was not the motivator for all actions, and that public servants want to provide for and protect citizens and youth as much as possible. Mayor Valles said that raves as an activity serve as magnets for drug dealers and she did not want the City of San Bernardino to be considered the "rave" capital of Southern California and asked the individuals involved in those concerts or activities to take responsibility for our kids. Council Member Anderson made a motion, seconded by Council Member Suarez, that said ordinance be adopted. Ordinance No. MC-1076 was adopted by the following vote: Ayes: Council Members Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. Absent: Council Member Estrada. 12 7/10/2000 PERSONNEL ACTIONS (7) Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 28, 2000, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. ESTABLISH - LEGAL ADMINISTRATIVE ANALYST POSITION - CITY ATTORNEY'S OFFICE (30) City Attorney Penman submitted a staff report dated June 29, 2000, requesting the establishment of a Legal Administrative Analyst position within the City Attorney's office. Council Member McGinnis made a motion. seconded by Council Member McCammack, and unanimously carried, that the position of one (1) Legal Administrative Analyst, Range 4446, $4,105-$4,990/month, be established in the City Attorney's Office; and that the Human Resources Department be directed to update Resolution 6413, Section One, to reflect this particular action. RES. 2000-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO A PURCHASE ORDER TO SENTIENT SYSTEMS FOR PROFESSIONAL CONSULTANT SERVICES TO THE MAYOR'S CHARTER REVIEW COMMITTEE. (9) City Administrator Wilson submitted a staff report dated July 6, 2000, regarding an increase to the purchase order with Sentient Systems for professional consultant services to the Mayor's Charter Review Committee. Council Member McCammack asked what was the procedure for items under $25,000 that have been authorized without Council's approval, and at what point should Council be aware of items that exceed that amount. Mayor Valles clarified that last year Sentient Systems was hired for $24,900 and she had two choices: set up a separate contract with Sentient Systems or request that the Council approve the additional $10,000, which was what she chose to do. Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-205 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 13 7/10/2000 RES. 2000-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE ON BEHALF OF THE CITY OF SAN BERNARDINO A CROSSING GUARDS SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. (10) City Attorney Penman submitted a staff report dated June 27, 2000, requesting the execution of a Crossing Guards Services Agreement between the San Bernardino City Unified School District and the City for payment of one-half the cost of crossing guards employed by the City up to the sum of $130,200 per school year. Council Member Lien stated that she was not aware that the school district was paying one-half the cost. City Attorney Penman stated that the school district agreed to pay one-half, but hadn't made any actual payments, and there was no agreement in effect. As a result, an agreement was drafted covering the period from July 1, 1998 through June 30, 2000. Mr. Penman stated that if approved, the time period could be extended as was allowed per the agreement. Council Member Anderson made a motion. seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-206 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. SET JOINT MAYOR AND COMMON COUNCIL & PLANNING COMMISSION LUNCHEON WORKSHOP ECONOMICS RESEARCH ASSOCIATES (14) City Attorney Penman submitted a staff report dated June 27, 2000, recommending that a joint luncheon workshop with the Mayor and Common Council and the Planning Commission be set for Monday, August 7,2000, at 12:00 p.m., in the Economic Development Agency Board Room, to meet with Economics Research Associates to prepare a City-wide Economic Feasibility Study. City Attorney Penman was concerned that the Council was limiting their time relative to the City Charter deadline of August 11, and suggested they consider scheduling a Charter workshop at noon on that day. City Administrator Wilson suggested continuing the matter two weeks. 14 7/10/2000 Valerie Ross, Principal Planner, Development Services Department, stated that she wanted to check the consultant's availability and would bring the matter back before the Council. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to July 24, 2000. APPROVE - CONDUCT GUIDELINES - ELECTED OFFICIALS & EMPLOYEES (Continued from June 19, 20(0) (33) City Administrator Wilson submitted a staff report dated June 29, 2000, requesting that the revised Conduct Guidelines be approved. Mr. Wilson explained that one of the action items under the City's Goals and Action Plans was to develop a comprehensive code of conduct or Conduct Guidelines. The word "unclassified" was added to clarify that the Guidelines applied to management employees and department/division heads. He stated that unclassified employees are represented by bargaining units, have separate Memorandums of Understanding, and are governed by a separate set of rules. Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the Mayor and Council approve the attached Conduct Guidelines. RES. 2000-207 - 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). (35) Council Member Suarez made a motion, seconded by Council Member McCamrnack, that said resolution be adopted. Resolution No. 2000-207 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson, McCamrnack. Nays: None. Absent: Council Member Estrada. RES. 2000-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO MODIFYING THE ENGINEER'S REPORT AND CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL AND DALLAS AREA. (Continued from June 19, 2000) (36) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the amount of $400 be appropriated 15 7/10/2000 to Account No. 254-635-5506-6012 to cover FY 1999/2000 general benefit costs and $400 be appropriated to Account No. 001-182-5506-0000 from the General Fund to cover FY 2000/2001 general benefit costs. The motion carried and Resolution No. 2000-208 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. RECESS MEETING At 11:44 a.m., Mayor Valles recessed the meeting to a luncheon workshop in the Economic Development Agency Board Room to discuss the Capital Improvement Program. RECONVENE MEETING - LUNCHEON WORKSHOP - CAPITAL IMPROVEMENT PROGRAM (CIP) (38) At 12: 10 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Economic Development Agency Board Room, 201 N. "E" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack; Deputy City Attorney Empefto, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Ray Casey, City Engineer, Development Services Department, submitted a memo titled, "Revisions to the CIP," dated July 6, 2000. Mr. Casey provided an overview of the CIP and answered several questions posed by the Council. RECESS MEETING At 12:55 p.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chamber 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. 16 7/10/2000 RES. 2000-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 2000-2001 AND ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 2000-2001 FOR SAID CITY IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, AND REPEALING RESOLUTION 1999-167. (37) ALLOCATE $1 MILLION TO HIRE 15 POLICE OFFICERS & DEVELOP TEAMS TO MONITOR ACTIONS OF PAROLEES IN THE COMMUNITY (Discussed earlier in the meeting - page 6) (NB1) Note: The Mayor and Council considered Agenda Item Nos. 37 and NBl simultaneously. City Administrator Wilson submitted a staff report dated July 5, 2000, requesting adoption of the resolution approving and adopting the Final Budget for FY 2000-2001 and establishing the City's Appropriation Limit as required by Article XIII B of the California State Constitution. Mr. Wilson stated that at their meeting of June 27, 2000, the Mayor and Council approved in concept the proposed Fiscal Year 2000/2001 Preliminary Budget with adjustments as noted on Attachment A of the staff report. Council Member Estrada suggested taking $1 million out of the Budget Reserve for the Police Department to hire 15 police officers and possibly coordinate that amount with other grant monies to develop a more comprehensive program that would address the issue of the parolees. She noted that once the budget was adopted, it would be very difficult to take money out of reserve. She also recommended working with the Mayor to put together a program to solicit support from nearby communities to encourage Sacramento to enact legislation on returning parolees to the community from which they came. Council Member Anderson stated that she agreed that something had to be done, but felt the matter should be referred to the Ways and Means Committee. Council Member McCammack stated that the Police Department is having major difficulties tracking and containing the parolees living in San Bernardino, who are recommitting crimes at the rate of 80 percent. Council Member Lien stated that getting to the source of the problem would involve drug and alcohol rehab centers, probation departments and schools. Ms. Lien was against taking money out of the reserve until she knew there was a program in place with demonstrated results. 17 7/10/2000 ~ Council Member McGinnis stated that there were many avenues in the State to deal with the parolee problem and said he would be glad to take the issue under consideration in Ways and Means to see how to properly budget and appropriate the funds, but did not feel it should be added to the budget at this time. Council Member McCammack stated that money, education and drug rehab programs were long-term solutions. A short-term solution would be to identify whether the Police Department currently has the resources to solve the problem. Council Member McCammack made a motion, seconded by Council Member Estrada, to adopt the budget, but take $1 million from the reserve and set aside as an undesignated fund to be restricted to the Police Department program, if it becomes effective. (Note: There was no vote taken.) Council Member McGinnis stated that he was against creating a special account. Council Member Anderson stated that the budget was already printed and did not want to adopt a budget that had to be changed. She agreed with Council Member Estrada that something had to be done, but did not want to give any money to the Police Department without a directive and felt the money could come out of reserve. She suggested the budget be adopted as printed and the matter be referred to the Ways and Means Committee. Council Member Estrada stated that she was disappointed in the outcome of the issue she presented. She wanted it made clear for the record that Council would not be able to come back one or two months later and take money out of reserve. She was only asking that the money be set aside somewhere and designated for a plan that everyone would support. Barbara Pregmon, 29111 Sandlewood Place, Highland, CA, submitted a document titled, "Children's After School Program For Success, Request for Funds," and stated that these programs are helping the community; however, one-third of the programs across the State have failed due to lack of funding. Ms. Pregmon stated that she has also made requests to the Chamber of Commerce and the Rotary. Council Member Anderson made a substitute motion, seconded by Council Member McGinnis, that said resolution be adopted; and that the matter of allocating $1 million to the Police Department be referred to the Ways and Means Committee. The motion carried, and Resolution No. 2000-209 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson. Nays: Council Members Estrada, McCammack. Absent: None. Assemblyman Longville stated that he would pursue seeking legislation relative to the discharge of parolees. 18 711 0/2000 CITY ADMINISTRATOR WILSON EXCUSED At 3:04 p.m., City Administrator Wilson left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 3:04 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 3:04 p.m., Economic Development Agency Executive Director Van Osdel & Special Counsel Sabo arrived at the Council meeting. COUNCIL MEMBER ESTRADA EXCUSED At 3:05 p.m., Council Member Estrada left 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 3:05 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. ORD. MC-I077 - 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. (R39) Council Member Schuetz made a motion, seconded by Council Member Lien, that said ordinance be adopted. Ordinance No. MC-I077 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: Council Member Estrada. RES. CDC/2000-22 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT, AND AUTHORIZING EXECUTION THEREOF, WITH CONRAD AND ASSOCIATES, L.L.P., TO PERFORM FINANCIAL AUDIT SERVICES FOR THE ECONOMIC DEVELOPMENT AGENCY. (R40) 19 7/10/2000 Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/20oo-22 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. RES. CDC/2000-23 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THE FISCAL YEAR 2000-01. (R41) Council Member Suarez made a motion, seconded by Council Member McCammack, that said resolution be adopted. Resolution No. CDC/2000-23 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY AND AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE NON-SUBSTANTIVE PROGRAM AND AGREEMENT CHANGES SUBJECT TO THE CITY ATTORNEY'S APPROVAL AND EXECUTE THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY. (R42) Gary Van Osdel, Economic Development Agency Executive Director, requested that the matter be continued to the meeting of July 24. 2000. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to July 24, 2000. PUBLIC COMMENTS (43) Jay Lindberg and Barbara Pregmon requested time to speak, but neither were present at this time. 20 7/10/2000 RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 2) (1) At 3:11 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. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorney Carlyle; Special Counsel Dellmar Williams of Sabo and Green; Economic Development Agency Executive Director Van Osdel, and Special Counsel Gondek. CITY ATTORNEY PENMAN ARRIVED At 3:20 p.m., City Attorney Penman arrived at the closed session. ADJOURN CLOSED SESSION/MEETING (44) At 3:29 p.m., the closed session and joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8 a.m., Monday, July 24,2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHELG. CLARK, CMC City Clerk By:$.~xt~dd/~ Linda Sutherland Deputy City Clerk No. of Items: 45 No. of Hours: 6 21 7/10/2000