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HomeMy WebLinkAbout09-05-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 5, 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 8:05 a.m., Tuesday, September 5, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. City Clerk Clark announced that an additional case would be discussed in closed session pursuant to subdivision (c) of Government Code Section 54956.9, conference with legal counsel - anticipated litigation - initiation of litigation. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 19, 21 & 29) (1) At 8:05 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Jaime Alvarez. et al. vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 00-03048 GHK; H. R. Ronneburg vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 48636; De Shawn Crawford vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 33527; 1 9/5/2000 Shirlev J. Goodwin vs. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 98-66 RT (V APx); Citv of San Bernardino Municipal Water Denartment vs. United States Denartment of the Armv - United States District Court, Central District of California, Case No. CV 96-8867 MAP (V APx); Rose Mihata vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 30476. 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 Emplovee Organization: San Bernardino City Professional Fire Fighters Local 891 G. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:05 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 2 9/512000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Easland and Empefio, Administrative Operations Supervisor Anderson, City Attorney's Office; Water Department General Manager Bernard Kersey; and Special Counsel Thomas Jacobson of Gresham, Savage, Nolan & Tilden, LLP. CITY ATTORNEY PENMAN ARRIVED At 8:07 a.m., City Attorney Penman arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER LIEN ARRIVED At 8: 15 a.m., Council Member Lien arrived at the closed session. WATER DEPARTMENT GENERAL MANAGER KERSEY & SPECIAL COUNSEL JACOBSON EXCUSED At 8:32 a.m., Water Department General Manager Kersey and Special Counsel Jacobson left the closed session. SENIOR ASSISTANT CITY ATTORNEYS CARLYLE & SIMMONS, DEPUTY CITY ATTORNEYS EASLAND & EMPENO AND ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON EXCUSED At 8:37 a.m., Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Easland and Empefio, and Administrative Operations Supervisor Anderson left the closed session. DEPUTY CITY ATTORNEY EMPENO RETURNED At 8:39 a.m., Deputy City Attorney Empefio returned to the closed session. CITY ATTORNEY PENMAN & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:42 a.m., City Attorney Penman and Deputy City Attorney Empefio left the closed session. 3 9/5/2000 CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEYS CARLYLE & SIMMONS, DEPUTY CITY ATTORNEYS EASLAND & EMPENO, AND ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON RETURNED At 8:46 a.m., City Attorney Penman, Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Easland and Empefio, and Administrative Operations Supervisor Anderson returned to the closed session. COUNCIL MEMBER McCAMMACK EXCUSED At 9:01 a.m., Council Member McCammack left the closed session. ADJOURN CLOSED SESSION At 9:09 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 13 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission 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 Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. INVOCATION The invocation was given by Jorge Carlos, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Marc Moja, a fifth-grade student at Bradley Elementary School. APPOINTMENT - SUE DAWSON - ALTERNATE MEMBER - ANIMAL ADVISORY COMMISSION - MAYOR V ALLES (2) In a staff report dated August 29, 2000, Mayor Valles appointment of Sue Dawson as an alternate member of the Commission. recommended the Animal Advisory 4 9/5/2000 Council Member Suarez made a motion, seconded by Council Member McCammack, and unanimously carried, that the appointment of Sue Dawson as an alternate member of the Animal Advisory Commission, as requested by Mayor Valles, be approved. PROCLAMATION - SEPTEMBER 11-17, 2000 - ROUTE 66 RENDEZVOUS WEEK (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the week of September 11-17, 2000, as Route 66 Rendezvous Week in the City of San Bernardino Steve Henthorn, Executive Director of San Bernardino Convention and Visitors Bureau, accepted the proclamation on behalf of the Bureau, thanked the Mayor and Council for their support, and presented Route 66 T-shirts to the Mayor and members of the Council. PRESENTATION - INLAND CENTER MALL - "TASTE OF THE INLAND" FOOD COURT (3) Mayor Valles made a presentation to Arun Parmar, General Manager of Inland Center Mall, and Terri Relf, Marketing Director, on the occasion of the grand opening this week of the new "Taste of the Inland" food court. PRESENTATION - SOAP BOX DERBY WINNERS (3) Mayor Valles presented certificates of recognition to this year's local Soap Box Derby winners, who went on to compete in the national Soap Box Derby in Akron, Ohio. Presentations were made to John James, Jr., Master Winner 2000; Andrew Montejano, Super Stock Winner; and Cherise Cutuli, Stock Winner. The Soap Box Derby Committee presented Mayor Valles with a plaque commemorating her support of the largest Soap Box Derby west of the Mississippi. PRESENTATION - SALUTE TO THE ROUTE FAMILY FIESTA 2000 - DANNY FLORES (3) Mayor Valles made a presentation to Danny Flores and the widow of Bert Levario in recognition of the Salute to the Route Family Fiesta, which was originally organized by Mr. Flores and Mr. Levario. 5 9/5/2000 ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced several events taking place throughout San Bernardino including the Route 66 Rendezvous taking place September 14-17 and the Fall Business Expo to be held at Inland Center on October 20 and 21. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack stated that she and Council Member Anderson would be at a convention on Saturday, but she encouraged everyone to come out on Saturday, September 9, for the city-wide cleanup day; and thanked the Highland Avenue Business Association for its work and efforts in keeping San Bernardino clean. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson urged the Sixth Ward residents to come out and support the city-wide cleanup day on Saturday, September 9; and extended kudos to all Soap Box Derby participants, stating how proud she was that San Bernardino had a female representative in the Soap Box Derby finals. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez congratulated all the young people who represented San Bernardino at the Soap Box Derby finals in Akron, Ohio. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that he had been out of town, and while he was gone he had received several calls regarding the inconvenience of the detour on Conejo and 39th Street, due to the street and sidewalk improvements currently underway. He advised that it will be inconvenient for awhile; however, it will be worth it in the long run. He also advised that many positive things are happening on 40th Street. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis stated that he also would miss the city-wide cleanup day on Saturday, as his job requires him to work the Saturdays following Council meetings to make up for the day he missed. He advised that Route 66 Rendezvous brochures can be obtained at the local Stater Bros. markets; and noted that the Sierra Family Clinic had its grand opening and the Hilton hotel had a re-grand opening. He also congratulated Timothy Prince and his new bride on their wedding this past weekend. 6 9/5/2000 ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that the Perris Hill Neighborhood Association had received a small grant to replace 32 trees in the neighborhood. She advised that most of the trees have been spoken for; however, if you are a member of the Association or live in that area you may call her office and she will put you in touch with Evelyn Wilson and you might get a tree. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles congratulated the Soap Box Derby winners and thanked their parents for all their help; noted that the Route 66 Rendezvous is coming up with an expected attendance of 500,000 people and thanked Stater Bros. markets, the major sponsor of the event, and the Convention and Visitors Bureau and all the volunteers for their help; reminded everyone that Saturday, September 9, is the "Just Do It" annual city-wide cleanup day; commended Lee Gagnon, Business Registration Supervisor, for his efforts in forming a City team to compete in next year's Los Angeles Marathon; announced a mixed media exhibition which will be on display at the Norman Feldheym Central Library Art Galleries from September 6 through September 29; and noted that San Bernardino's Stampede baseball team is in the playoffs again this year. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:46 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that the Stampede games have been really great and encouraged everyone to come out and support our local team. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (S) Council Member Anderson made a motion, seconded by Council Member McCammack, 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. 7 9/5/2000 COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 20, 2000. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 30, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated August 30, 2000, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 2000-262 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2000/2001. (9) Council Member Anderson made a motion, seconded by Council Member McCammack, that said resolution be adopted; and that the Director of Finance be authorized to amend FY 2000/2001 Management Information Services budget to increase both revenues and expenditures by $40,600 to reflect increased services to Water Department from Management Information Services. The motion carried and Resolution No. 2000-262 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 8 9/5/2000 ORD. MC-I080 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND THE CITY'S HEARING OFFICER. Final (10) ORD. MC-I081 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.30.130 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ASSESSMENT OF COSTS AGAINST PROPERTY. Final (11) ORD. MC-I082 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FORTY MILE PER HOUR SPEED LIMIT ON ORANGE SHOW ROAD BETWEEN "E" STREET AND ARROWHEAD AVENUE AND A FIFTY MILE PER HOUR SPEED LIMIT ON ORANGE SHOW ROAD BETWEEN ARROWHEAD A VENUE AND TIPPECANOE A VENUE. Final (12) ORD. MC-I083 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE THE EXISTING SPEED LIMIT ON SAN BERNARDINO AVENUE BETWEEN TIPPECANOE AVENUE AND MT. VIEW AVENUE FROM FORTY- FIVE MILES PER HOUR TO FORTY MILES PER HOUR. Final (13) ORD. MC-I084 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.68 (SURFACE MINING AND LAND RECLAMATION REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO REQUIREMENTS AND POLICIES. Final (1~ Council Member Anderson made a motion, seconded by Council Member McCammack, that said ordinances be adopted. Ordinance Nos. MC-I080, MC-1081, MC-1082, MC-I083, and MC-1084 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 9 9/5/2000 RES. 2000-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH BERRYMAN & HENIGAR, ESGIL CORPORATION, AND WILLDAN FOR PROVISION OF PROFESSIONAL PLAN CHECK SERVICES. (IS) RES. 2000-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING PROVISIONS OF INTERNAL REVENUE CODE (IRC) SECTION 414(H)(2) FOR MISCELLANEOUS EMPLOYEES AND AUTHORIZING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES. (16) RES. 2000-26S - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO MCNEILUS TRUCK AND MANUFACTURING COMPANY OF COLTON FOR TWO (2) ROLL- OFF REFUSE TRUCKS AND BODIES. (19) RES. 2000-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE PURCHASE ORDERS TO MCCRAY ENTERPRISES, P&S TRUCK SUPPLY, INC., AND RUSH TRUCK CENTERS OF CALIFORNIA FOR STATE MANDATED PREVENTIVE MAINTENANCE INSPECTIONS AND REPAIRS, AND RotlTINE REPAIRS OF THE CITY'S HEAVY TRUCK FLEET. (21) RES. 2000-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PIGGYBACK PURCHASE ORDER TO NIXON-EGLI EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF THREE (3) ATHEY/MOBIL SWEEPERS UTILIZED BY THE STREET DIVISION OF THE PUBLIC SERVICES DEPARTMENT; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE QUOTES. (22) Council Member Anderson made a motion, seconded by Council Member McCammack, that said resolutions be adopted. Resolution Nos. 2000-263 through 2000-267 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 10 9/5/2000 RES. 2000-268 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (17A) RES. 2000-269 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (178) RES. 2000-270 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (17C) RES. 2000-271 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES DISTRICT METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. (17D) RES. 2000-272 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (17E) RES. 2000-273 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO V ALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (17F) RES. 2000-274 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (17G) 11 9/5/2000 RES. 2000-27S - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS AND CULTURE. (17H) RES. 2000-276 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES ACADEMY FOR THE FINE ARTS FOR THE PROMOTION OF ARTS AND CULTURE. (171) RES. 2000-277 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FAMILY PLAYHOUSE FOR THE PROMOTION OF ARTS AND CULTURE. (17J) RES. 2000-278 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL CHILDREN'S CHOIR FOR THE PROMOTION OF ARTS AND CULTURE. (17K) Council Member Lien inquired whether there were any nonperforming arts organizations who applied for assistance; and Council Member Anderson questioned whether there was a timeline when some of the recipients should be self-sufficient, as she would like to see a visual arts program established in the city. Thelma Press, Cultural and International Affairs Director, noted that no visual arts entities applied for funds. She also advised that the Fine Arts Commission has brought it to the attention of the various organizations that they need to work toward becoming self-sufficient, and some of them have been put on notice about this. Council Member McGinnis stated that he would like to see some marketing strategies used to promote the various programs. Council Member Schnetz made a motion. seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2000-268 through 2000-278 were adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 12 9/5/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO FIRE DEPARTMENT AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES AND HOME GENERATED SHARPS COLLECTION SERVICES. (18) City Administrator Wilson stated that staff was asking for a two-week continuance on this matter. Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 18, 2000. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO LABRIE EQUIPMENT LIMITED FOR THE FURNISHING AND DELIVERY OF FOURTEEN (14) AUTOMATED SIDE-LOADING REFUSE TRUCKS AND BODIES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (20) Robert H. Ingerson, Municipal Sales Manager, Carmenita Truck Center, 13443 E. Freeway Drive, Santa Fe Springs, CA, submitted a letter dated August 31, 2000, protesting the award of the 14 refuse trucks to LaBrie Equipment Limited and outlining the reasons and issues surrounding this request. City Administrator Wilson submitted an inter-office memorandum dated September 1, 2000, addressed to the Mayor and Common Council, in which he advised that staff had been informed that Labrie Equipment Limited was not licensed as required by Section 11700 of the California Vehicle Code. Therefore, staff was recommending that all bids be rejected, and that the Purchasing Manager be authorized to modify the technical specifications and readvertise this item for bid. Discussion ensued regarding the position in which the City now finds itself relative to its refuse fleet, and the, need to do everything possible so the situation does not repeat itself down the line. City Administrator Wilson advised that preventive maintenance must become the norm in maintaining these vehicles. 13 9/5/2000 Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council reject all bids; and that staff be directed to re-advertise for bids for said refuse trucks. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:05 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by Deputy City Attorney Empefio. PUBLIC HEARING - FORMATION OF ASSESSMENT DISTRICT NO. 1018 - NORTHPARK BOULEVARD & MOUNTAIN DRIVE - TRACT NO. 14448 (Continued from August 21, 2000) (Discussed later in the meeting - page 30) (31) Mayor Valles opened the hearing. William Woolard, Interim Director of Development Services, advised that whether or not an assessment district should be funded would depend on the votes received and reviewed the process to be followed in tabulating the votes. Council Member Schnetz stated this was a very peculiar process being used to form this assessment district, and that he was not prepared to accept it until he knew more about it. Deputy City Attorney Empefio stated that it was unusual with respect to the timing, and if anyone had any questions regarding the nature of the assessment district they could be addressed now or later. Mayor Valles inquired whether anyone in the audience had any ballots to be submitted. City Clerk Clark advised that 90 ballots had been received prior to today's meeting, and they were in her office; and one additional ballot had been submitted. COUNCIL MEMBER ESTRADA ARRIVED At 10:07 a.m., Council Member Estrada arrived at the Council meeting and took her place at the Council table. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN IMPROVEMENTS IN THE AREA OF NORTHPARK BOULEVARD AND MOUNTAIN DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER 14 9/5/2000 THE COSTS OF SAID IMPROVEMENTS KNOWN AS ASSESSMENT DISTRICT NO. 1018, ORDERING THE ACQUISITION OF SAID IMPROVEMENTS, CONFIRMING THE 2001-2002 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (31) Council Member Suarez made a motion, seconded by Council Member McCammack, and unanimously carried, that the public hearing be closed; that a determination of protests and assessment ballots be made; and that the matter be continued to 2:00 p.m. in the Council Chambers of City Hall. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.69.090 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POSSESSION OF INSTRUMENTS OF GRAFFITI BY JUVENILES PROHIBITED. First (23) Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. APPEAL HEARING - TERMINATION OF TOW SERVICES AGREEMENT - DANNY'S TOWING (Continued from July 24, 2000) (32) Wayne Harp, Assistant Chief of Police, submitted a staff report dated July 18, 2000, recommending that the appeal hearing regarding reinstatement of Danny's Towing to the Police Department's tow rotation be continued to the Mayor and Council meeting of October 2, 2000. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the hearing be continued the Mayor and Council meeting of October 2, 2000, in the Council Chambers of City Hall. RES. 2000-279 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION. (2S) 15 9/5/2000 Council Member Lien advised that this resolution was brought forth out of a concern that over the past few years individuals have come before the Council and testified, but didn't tell everything they should have. She added that this is most important relative to public hearings and resolutions dealing with the spending of money. Ms. Lien noted that this resolution will send a message that these individuals have taken an oath as to their testimony, and while they may refuse to take the oath, the Council would then be free to evaluate how their refusal might impact the Council's response to that individual's message. Council Member Schnetz made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-279 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. INCREASE - PART-TIME WAGES - ANIMAL LICENSE CHECKER - ANIMAL CONTROL DIVISION (26) Jon Cicirelli, Director of Animal Control, submitted a staff report dated August 25, 2000, regarding an increase in the part-time wages for the position of Animal License Checker. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Human Resources Department be directed to update Resolution 6413, Section Thirteen, to reflect this particular action; and that the Director of Finance be authorized to amend FY 2000/2001 Animal Control budget to increase part-time salaries by $6,500 and Animal Control license revenues by $12,000. ESTABLISH - SENIOR SHELTER OFFICE SPECIALIST POSITION - ANIMAL CONTROL DIVISION (27) Edward S. Raya, Director of Human Resources, submitted a staff report dated August 28, 2000, recommending the establishment of a Senior Shelter Office Specialist position in the Animal Control Division. Council Member McCammack made a motion, seconded by Council Member Estrada, and unanimously carried, that one (1) position of Senior Shelter Office Specialist, Range 2323, $2,223-$2,702/month, be established; that the Human Resources Department be directed to update Resolution 6413, Section Eleven, to reflect this particular action; and that the Director of Finance be authorized to amend the FY 2000/2001 budget to 1) increase revenue Account No. 124-000-4410 (General Fines) by $15,000; 2) amend the Animal Control budget to add $25,700 for a Senior Shelter 16 9/5/2000 Office Specialist position in Account No. 124-231-5011; and 3) increase the budgeted transfer from the General Fund to the Animal Control Fund by $10,700. ESTABLISH - GRANT FUNDED POSITION - CODE COMPLIANCE OFFICER II - CODE COMPLIANCE DIVISION (28) Edward S. Raya, Director of Human Resources, submitted a staff report dated August 17, 2000, regarding the establishment of a new grant-funded position of Code Compliance Officer II in the Code Compliance Division. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that one (1) additional position of Code Compliance Officer II, Range 1370, $2,81O-$3,416/month, be established; 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 2000/2001 Code Compliance budget to reflect both the increase in Code Compliance's expenditure budget (001-073-5011 - Salaries & Benefits) and the corresponding revenue reimbursement to be received from the Economic Development Agency (001-000-4670). AUTHORIZE - ADDITIONAL COMPUTER OPERATOR POSITION - PER WATER DEPARTMENT MASTER SERVICES MEMORANDUM OF UNDERSTANDING ASSIGNED TO MANAGEMENT INFORMATION SERVICES (29) Edward S. Raya, Director of Human Re~ources, submitted an Interoffice Memorandum dated August 22, 2000, addressed to the Personnel Committee, which provided background information on the Ma~ter Services Memorandum of Understanding between the City and the Water Department; especially as it relates to the addition of a Computer Operator position, which will be assigned to the Management Information Services Department to work as a Water Department support technician. Council Member McCammack made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council approve the addition of one (1) Computer Operator position, Range 3355, $2,608-$3,170/month. ESTABLISH PART-TIME VOLUNTEER COORDINATOR POSITION - TO SERVE COUNTY OF SAN BERNARDINO - SENIOR COMPANION PROGRAM - MORONGO BASIN - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (Discussed later in the meeting - page 32) (30) 17 9/5/2000 Edward S. Raya, Director of Human Resources, submitted a staff report dated August 17, 2000, regarding the establishment of a part-time Volunteer Coordinator position in the Parks, Recreation and Community Services Department. Through an agreement with the County of San Bernardino, this position would be used to expand Senior Companion Services to the Morongo Basin area. Several Council members had questions regarding the City's involvement in this matter, the City's liability, how the position would be supervised, etc. City Administrator Wilson advised that the City is simply a conduit for the funding, and that all liability is addressed in the contract with the County. It was the consensus of the Council to postpone action on this matter to later in the afternoon when someone from Parks, Recreation and Community Services could be present to answer their questions. CONTINUE - APPROVAL OF FINAL MAP - TENTATIVE TRACT NO. 14112 - NORTHEASTERLY OF INTERSECTION - FOOTHILL DRIVE & STERLING AVENUE (Continued from June S, 2000) (33) William Woolard, Interim Director of Development Services, submitted a staff report dated August 22, 2000, requesting that this item be continued to December 4, 2000. Council Member Schnetz made a motion. seconded by Council Member Anderson, and unanimously carried, that the Final Map for Tentative Tract No. 14112 be continued to the Mayor and Council meeting of December 4, 2000. RES. 2000-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (Continued from August 21,2000) (34) Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-280 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18 9/5/2000 RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting - pages 1, 21 & 29) (1) At 10:32 a.m., Mayor Valles declared a five-minutes recess followed by the Mayor and Common Council and Community Development Commission recessing to closed session for the following: Pursuant to the Government Code Sections listed as A-G under Agenda Item No.1, pages 1 & 2. CLOSED SESSION At 10:40 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, McCammack; City Attorney Penman, City Clerk Clark. Absent: Council Members Schnetz, Suarez, Anderson; City Administrator Wilson. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorneys Easland and Empeiio, and Administrative Operations Supervisor Anderson, City Attorney's Office. COUNCIL MEMBER SCHNETZ ARRIVED At 10:42 a.m., Council Member Schnetz arrived at the closed session. COUNCIL MEMBER ANDERSON & CITY ADMINISTRATOR WILSON ARRIVED At 10:43 a.m., Council Member Anderson and City Administrator Wilson arrived at the closed session. COUNCIL MEMBER SUAREZ ARRIVED At 10:48 a.m., Council Member Suarez arrived at the closed session. ADJOURN CLOSED SESSION At 11 :02 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11 :07 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. 19 9/5/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Empefio, City Clerk Clark, City Administrator Wilson. APPEAL HEARING - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 99-15 - ESTABLISH BILLIARDS PARLOR - 1098 NORTH WATERMAN AVENUE - DANIEL ALLAN (3S) William Woolard, Interim Director of Development Services, submitted a staff report dated August 15, 2000, regarding the denial by the Planning Commission of Conditional Use Permit No. 99-15. Mayor Valles opened the hearing. Mr. Woolard advised that the applicant was requesting to establish a billiards parlor in an existing building on the southwest corner of Waterman Avenue and l1'h Street in the CG-l, Commercial General, land use district. He stated that the Planning Commission had denied the conditional use permit because the site could not provide parking. He noted that the applicant was requesting to utilize shared parking as provided for in the Downtown Shared Parking Policy (Resolution 96-135); however, the shared parking policy only applies to the CR-2, Commercial Regional (Downtown) land use district, unless other areas are specifically approved by the Mayor and Common Council. Mr. Woolard also noted that a liquor license was not part of the application, although the applicant could apply for one at a later date. Council Member Lien noted that, according to the owner, shared parking would be an advantage; however, this was not an option at this time. Mr. Woolard pointed out that even with shared parking there would not be sufficient parking for the combined uses--they would still be lacking 50 percent of the required parking because of the high number of spaces required for billiard halls. Maggie Feldmeir advised that her mother was the owner of the property and has invested a lot of money in the building, including $25,000 for overhead sprinklers required by the Fire Department. She stated that her mother is rapidly losing her income due to the building being vacant. Submitted into the record was an inter-office memo from Barbara Chavez to Valerie Ross dated September 1, 2000, wherein Ms. Chavez advised that she had spoken with Edwin Alvin Lewis, owner of real property located at 1040 and 1050 North Waterman Avenue, who objected to the conditional use permit. 20 9/5/2000 Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the public hearing be closed; the appeal be denied; and that the Planning Commission's denial of Conditional Use Permit No. 99-15 be upheld based on the Findings of Fact. RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting - pages 1, 19 & 29) (1) At 11 :22 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to the Government Code Sections listed as A-G under Agenda Item No.1, pages 1 & 2. CLOSED SESSION At 11:22 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. Also present: Deputy City Attorney Easland and Administrative Operations Supervisor Anderson, City Attorney's Office; Director of Human Resources Raya. COUNCIL MEMBER LIEN ARRIVED At 11:28 a.m., Council Member Lien arrived at the closed session. ADJOURN CLOSED SESSION At 11:45 a.m., the closed session adjourned to a luncheon workshop in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. LUNCHEON WORKSHOP - MAYOR & COMMON COUNCIL - PLANNING COMMISSION ECONOMICS RESEARCH ASSOCIATES (36) Due to the lack of a quorum, at 12:22 p.m., the Mayor and Common Council, acting as a committee, conducted the luncheon workshop with the Planning Commission and representatives from Economics Research Associates to discuss a General Plan Economic Feasibility Study. 21 9/5/2000 ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Lien, Schnetz, Anderson; Deputy City Attorney Empefto, Principal Planner Ross, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Members Estrada, McGinnis, Suarez, McCammack. Also present: Planning Commissioners Carol Thrasher, Stan Welch, Neiland Derry, Evelyn Lockett, Ernest Garcia, Kenneth Durr, Sr., and John Coute; and David Wilcox, David Bergman, and Amitabh Barthakur from Economics Research Associates. Valerie Ross, Principal Planner, explained that the City had gone to an outside consultant for the preparation of a General Plan Economic Feasibility Study because it has been ten years since the General Plan was adopted, and staff felt they needed assistance from people who are experts to stand on the outside and look in and tell us what we need to consider here in San Bernardino before starting to make any changes. Mr. Wilcox stated that Economics Research Associates goes back a long way in San Bernardino, that their most recent work has been on the Santa Fe Depot, with some past work at the former Norton Air Force Base. He stated that their job today was to make a short presentation; but more importantly, they needed the Council and others to tell them their key concerns as they approach this new plan for San Bernardino. Mr. Wilcox distributed a document titled, "Background Information for the Study Session with the Mayor and Common Council and the Planning Commission to Guide the Preparation of an Economic Analysis for an Update of the Land Use Element of the General Plan." He provided an overview of said document, stating that they were trying to ascertain types of clusters of employees, find out the number of establishments (both private businesses and public agencies), and then to look at the value of the transactions. He stated that they were surprised at the historical and still continuing value of wholesale trade in San Bernardino. He advised that San Bernardino has always been a transcontinental hub; however, in this new century we must move into and become the electronic communications main stem. Mr. David Bergman explained that their company has a long-time perspective of San Bernardino, as well as a more recent perspective; however, they wanted information on the most compelling items/issues relative to land use and economic development --that these two issues need to cross. 22 9/512000 Council Member Lien stated that she believed San Bernardino's greatest asset is as an urban center, and we need to develop our urban center with new housing--the right kind of in-fill housing. She stated she would like a General Plan that incorporates plans of new urbanism, so that as people become older they are moving back to these centers. COUNCIL MEMBER ESTRADA ARRIVED At 12:40 p.m., Council Member Estrada arrived at the luncheon workshop. Mr. Wilcox inquired about the role of commercial and industrial development and income generating uses in the city--where should this be in terms of priority. Ms. Lien noted that there will be commercial and industrial growth in the city; however, unless there are new neighborhoods, people will live and spend their money in our neighboring cities. Council Member Anderson stated that since San Bernardino now has a lot of inexpensive property, she would like to see us cull out sections of the city where we will completely make 21" Century neighborhoods, which will include parks, retail shops, small theatres, grocery stores, etc.--family neighborhoods. Mayor Valles noted that in looking at the entire city it is evident that we have commercial corridors. She stated that she looks at the core of the city, and it is apparent that our city needs to be reinvented and rethought; and she does not believe that San Bernardino's main street needs to be a retail center. She noted that we have many empty buildings that we need to find a better use for, and she does not think we should go into a building mode of new office buildings when we have so many buildings that need to be filled. The Mayor stated that we need to cluster activities--mostly in the downtown area. She noted that we now have a theatre and a cinema, which is good; however, the restaurants downtown are floundering. She questioned how the City could go about creating a pedestrian entity such as Pasadena and Santa Monica. It was noted that San Bernardino has a large amount of redevelopment; however, we are spread all over the map and need a core area downtown--to focus on the downtown core of the city and community serving uses. Mr. Bergman noted that the things being discussed today were slightly different from what his company had been looking at. 23 9/5/2000 Council Member Estrada mentioned two things--the expectation that we will have industrial operations at the former Norton Air Force Base, and her agreement with the Mayor's assessment of the downtown area. She stated that we have an opportunity now to incorporate the use of water (downtown) and it should be stated in the plans that this is a must. However, she doesn't want to focus so much on one thing, that the other is then left out. Planning Commissioner Durr stated that one of the things to be considered in the business districts are "points of destination" such as the Base Line corridor which is already designed as an automotive corridor and Hospitality Lane with all of the eating establishments. He noted that Highland Avenue could be designated as something else. He added that he would like to see thrift shops done away with, as he sees them as having a negative image. He stated that what we are always working on is image-- trying to change the image of our town. Planning Commissioner Garcia noted that with the great development possibilities taking place at the former Norton Air Force Base, we are going to have people coming into town who are looking for housing--and the requirement will be for upscale housing areas. However, in order to get to these areas it becomes necessary to travel through some very depressed parts of our city. and what happens is that we lose these individuals to surrounding cities. We need to be a city that is being integrated economically and socially so that we have housing for a full range of people coming into the area. Planning Commissioner Thrasher spoke regarding the redevelopment at the depot and the possibility of a plan incorporating housing, commercial development and transportation in this area. Mr. Wilcox noted that the success stories along the Metrolink line, such as Claremont and others that they have used as case studies, were very long-term processes, taking upward of 12 years from the connection of rail service and concentrated redevelopment to becoming a viable center of activity. He noted that most successful depots are not directly transit related and don't depend solely on the transit users--that there are many other possible uses of the building. Jim Mulvihill, 407 West 25th Street, San Bernardino, CA, spoke regarding the downtown uses. He noted that we don't have a signature right now; however, there is so much open land in the downtown area that we can look into many uses, such as people living downtown. He pointed out that the reason a lot of things don't work downtown is because the people all leave at 5:00. He noted that lofts are upscale, and we need to work on the Development Code relative to what is permitted and what is not permitted. 24 9/5/2000 Mr. Mulvihill advised that we need to work on the Development Code relative to development of some of our vacant lands with regard to the hazardous materials that might be there. With regard to the corridors such as Highland Avenue and Base Line Street--in addition to them we have new strip malls, and we don't have enough people for all that. He also suggested turning store fronts into residential; and noted that fixing up the corridors would allow us to travel from one place to another without going though dilapidated areas. Mr. Wilcox noted that in the long run the complete conversion of the former Norton Air Force Base is a strong point and strength of the City. Discussion ensued regarding the many County pockets north of the former Norton Air Force Base and the interaction that will be needed with County Planning to ensure cohesive development. Council Member Schnetz stated that he was not convinced that the land use map we have is user friendly--that whenever you need a zone change it is a general plan amendment, which seems like a pretty big step to take. He noted that we need an Inland Valley Development Agency (IVDA) or Airport Authority Overlay. He stated that an Airport Overlay would probably include the City of Highland, which occupies a lot more of the land north of the former base than does the County. He also noted that there are only 450 acres of non-airport land on the base, yet everyone talks about 10,000- to 15,000-acre projects; and the need for a process which can be used to cut red tape and streamline projects in this area. Mr. Schnetz also suggested taking a look at the Foothill Development Overlay-- that the Hillside Development Plan made density so low that it cut off all development-- and commented on the need for upscale housing for families with children. He also noted that there is a lot of vacant land near Seccombe Lake, and we have a lot of attractions there that East Highlands doesn't have, but we have no homes in that area. Mr. Schnetz stated that we need to look at a quick connection between the base and our inter-modal facility--that we need something to tie these two uses together quickly. Also, insofar as a transportation hub, he noted that OmniTrans is getting ready to build at Rialto and "E" Streets, which he believes is a big mistake--that they should locate over by the depot. Bill Woolard, Interim Director of Development Services, stated that he lives in Pasadena, and he believes the City needs to intensify residential land use areas, particularly in the downtown--that if you get the residential uses, the commercial will follow--that commercial is not going to happen unless residential density is increased. He added that the downtown is a governmental and cultural center for the city. 25 9/5/2000 Council Member Schnetz stated that the Citv needs to address in the General Plan that everyone recognizes that there are a lot of old, tired sections of downtown; and if someone is going to come in and revitalize this area there should be some way to help these people out. He also noted that when the properties along Base Line and Highland were developed and built, people parked in the back, or took the bus, or walked in. He stated that there will never be enough depth in these lots for redevelopment, and questioned how problems like this would be dealt with. Planning Commissioner Thrasher noted that there are a lot of properties zoned commercial which are actually residential--that all of the main thoroughfares have been made commercial. She suggested that maybe this should be looked at--that maybe commercial should be more clustered instead of down the entire length of these corridors. She noted that currently if a property, which is a residence but is located in a commercial zone, remains vacant for an extended period of time, it is zoned commercial and cannot be returned to a residence, even though it is surrounded by residential. Discussion ensued regarding how to address this problem, as well as other areas of the Development Code which are difficult to deal with such as the reuse of nonconforming structures, as they may not meet the requirements of the code. It seemed uncertain whether the difficulty stemmed from the code or the development. There is also the problem of too much commercial that is obsolete. Mayor Valles inquired about the Hillside Management Overlay District; and Deputy City Attorney Empefio stated that he didn't think there had been any action taken by the Councilor the Planning Commission to change that. Council Member Schnetz noted that this had been talked about, but basically everyone felt this would be putting the cart before the horse. They felt instead that they should go through the Development Code and make it more user friendly, and staff had suggested looking at the General Plan first. He noted that Hillside Management is what started this whole discussion. Planning Commissioner Coute stated that he had come to the conclusion after everything he had heard, that we are still not addressing the really big prob1em--the image of the city. He stated that he deals with people all the time and at least 50 percent do not live in the city--they are not impressed with anything about the city. It was his belief that the number one priority should be to improve the image of the city. Mr. Coute stated that he has never seen a city that has turned itself around without incorporating some of the heritage that the city was famous foro-that we need to look at what put San Bernardino on the map and highlight those items, such as the railroad, citrus, and Hispanic communities. He stated he would like to see "E" Street 26 9/5/2000 and other streets planted with citrus trees and a railroad that is a predominant part of the city structure. He agreed that nothing can be done with Highland Avenue as far as major commercial development is concerned, but if we could see 1800- and 1900-style homes along Highland Avenue this would be progress. Also, the lake project is a first step in getting our heritage back. Mr. Coute stated that he did not see retail returning to downtown--the malls have taken all the business away--and that we need to look at downtown as a government center, with attorneys and accountants in some of the older homes, as seen in other cities. We need to address the way computer technology has affected retail businesses--that we may reach the point where we are shopping on the internet. He stated that he would like to see us concentrate on education and the schools, taking the forefront in school problems. Mr. Bergman noted that they had heard some different things from what their original discussions with staff had been. The next thing they needed to do was look at all the areas mentioned in today's meeting. RECESS LUNCHEON WORKSHOP At 1:30 p.m., the luncheon workshop recessed to 2:00 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 in 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, McGinnis, Schnetz, Suarez; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Lien, Anderson, McCammack. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles announced that the Council had met with Economics Research Associates for a luncheon workshop regarding the City's General Plan and various land use issues. 27 9/5/2000 COUNCIL MEMBERS ANDERSON & McCAMMACK ARRIVED At 2:10 p.m., Council Members Anderson and McCammack arrived at the Council meeting and took their place at the Council table. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:10 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. APPROVE EXTENSION - ARDEN-GUTHRIE DISPOSITION PLAN AGREEMENT - BETWEEN U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) & ECONOMIC DEVELOPMENT AGENCY (R37) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated August 24, 2000, regarding an extension to the Arden-Guthrie Disposition Plan Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Agency. Ms. Pacheco reviewed highlights of the staff report with the Council. She noted that although staff will be attempting to obtain a one-year extension, HUD has only agreed to a six-month extension at this time. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission approve a six-month extension, and if possible a one-year extension, to the Arden- Guthrie Disposition Plan Agreement between the U.S. Department of Housing and Urban Development and the Economic Development Agency. TRANSFER FLAG POLE - FROM FORMER OFFICE OF MEXICAN CONSULATE, FIFTH & "D" STREETS - TO NEW OFFICE, 293 NORTH "D" STREET (R38) Note: No staff report or backup material was submitted and, therefore, will not be available for reference. 28 9/5/2000 Council Member Anderson made a motion, seconded by Council Member Suarez, that the Community Development Commission authorize the relocation of the flag pole located at Fifth and "D" Streets to the new location of the Mexican Consul's Office at 293 North "D" Street. Gary V an Osdel, Executive Director of the Economic Development Agency, explained that the flag pole represents property owned by the Agency; therefore, the Commission must find that it is surplus property. Mr. Van Osdel stated that his recommendation would be to take a flag pole that the Agency currently has in storage to the new location. He felt it would cost $800- $1500 to have it installed. Discussion ensued regarding costs and liability issues. COUNCIL MEMBER LIEN ARRIVED At 2: 17 p.m., Council Member Lien arrived at the Council meeting and took her place at the Council table. Council Member Anderson amended her motion, seconded by Council Member Suarez, and unanimously carried, that the Economic Development Agency be authorized to donate the flag pole, currently in storage, to the Mexican Consul's Office, for them to install as they see fit. PUBLIC COMMENTS (39) Elvira Gallardo, 1350 Holly Avenue, Colton, CA, urged the general public to be sure and register in order to vote in the November election. She asked people not to listen to promises made by the candidates, but to look at what they have done. Mr. Pedregon, 873 West Northpark Boulevard, San Bernardino, CA, stated that he was in the military during World War II, and he would like to see a memorial erected in San Bernardino to honor veterans. City Clerk Clark noted that there are currently two memorials in the city--one at City Hall and the other at the Feldheym Library. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed information to the Council and spoke regarding United States involvement in the drug war in Columbia. 29 9/5/2000 RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1, 19 & 21) (1) At 2:33 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to the Government Code Sections listed as A-G under Agenda Item No.1, pages 1 & 2. In addition to the above, Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: Citv of San Bernardino vs. The Harris Comnanv. et at. - San Bernardino Superior Court Case No. SCVSS 60057. CLOSED SESSION At 2:33 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 Lien, Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Deputy City Attorneys Easland and Empefio, Economic Development Agency Executive Director Van Osdel, and Special Counsel Delmar Williams of Sabo and Green. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & SPECIAL COUNSEL WILLIAMS EXCUSED At 2:47 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Williams left the closed session. ADJOURN CLOSED SESSION At 3:04 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3:05 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 30 9/5/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. PUBLIC HEARING - FORMATION OF ASSESSMENT DISTRICT NO. 1018 - NORTHPARK BOULEVARD & MOUNTAIN DRIVE - TRACT NO. 14448 (Continued from August 21, 2000) (Discussed earlier in the meeting - page 14) (31) City Clerk Clark announced that a majority of the property owners voted to approve the formation of Assessment District No. 1018 and announced the voting results, as follows: Total Ballots Counted - 92 (She announced 91 earlier in the meeting; however, one envelope contained two ballots.) "Yes" Votes - "No" Votes - Not Counted - 42 25 25 (Duplicate ballots/irregularities in ballots) RES. 2000-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN IMPROVEMENTS IN THE AREA OF NORTHPARK BOULEVARD AND MOUNTAIN DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID IMPROVEMENTS KNOWN AS ASSESSMENT DISTRICT NO. 1018, ORDERING THE ACQUISITION OF SAID IMPROVEMENTS, CONFIRMING THE 2001-2002 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (31) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-281 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. 31 9/5/2000 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 6.44 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND PENALTIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES. First (24A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL COMMISSION. First (24B) Jon Cicirelli, Director of Animal Control, provided an overview of the proposed ordinances, explaining that one of the ordinances sets up a hearing officer and administrative violation process for use by the citizens; and also brings all penalties in line with the City's Municipal Code. The second ordinance changes the name of the Animal Advisory Commission to Animal Control Commission and gives the Commission more power to execute their duties. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinances be laid over for final adoption; and that the Director of Finance be authorized to amend the FY 2000/2001 budget to transfer $5,000 from Account No. 124-232-5014 (Salaries - Temp/Part-Time) to Account No. 124-232-5505 (Professional/Contractual). MAYOR V ALLES EXCUSED At 3:14 p.m., Mayor Valles left the Council meeting and the duties of Mayor Pro Tern were assumed by Council Member Schnetz. ESTABLISH PART-TIME VOLUNTEER COORDINATOR POSITION - TO SERVE COUNTY OF SAN BERNARDINO - SENIOR COMPANION PROGRAM - MORONGO BASIN - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (Discussed earlier in the meeting - page 18) (30) The Council inquired as to why the City is taking on the responsibility of providing volunteer coordination for Morongo Valley. John Kramer, Superintendent of Recreation, advised that this is a regional service which originates with the federal government. He advised that the City of San Bernardino is the only contracting agency for the Senior Companion Program in San Bernardino County, and that we currently administer the program for Fontana, 32 9/5/2000 Highland, and Rialto. He stated that the grant does cover mileage for a supervisor to visit the site; however, he did not know how often this would be necessary. Council Member McCammack made a motion, seconded by Council Member Estrada, and unanimously carried, that one position of Volunteer Coordinator (part- time), Range PT, $9.42/hour, be established; and that the Human Resources Department be directed to update Resolution 6413. Section Thirteen, to reflect this particular action. ADJOURNMENT (40) At 3:19 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, September 18, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By '1,~ ~. ~.J Linda E. Hartzel Deputy City Clerk No. of Items: 40 No. of Hours: 6.5 33 9/5/2000