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HomeMy WebLinkAbout01-11-1999 Minutes MINUTES MAYOR AND COMMON COllNCIL AND COMMlINITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 11, 1999 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 8:15 a.m., Monday, January 11, 1999, 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, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 13) (1) At 8:15 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Brian S. Deam vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 41377; Stubblefield Construction Co.. et al. vs. City of San Bernardino, et al. - Fourth District Court of Appeals Case No. E020341; Denise Carrillo-Chacon vs. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 98-19 RT (V APx); Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489). I 1111/1999 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) 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. Public Employee Appointment Aooointment: City Engineer E. Conference with real property negotiator pursuant to Government Code Section 54956.8. F. 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. CLOSED SESSION At 8: 15 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Empeno and Murad, Administrative Operations Supervisor Edna Anderson, City Attorney's Office; and Special Counsel Lockwood of Lewis, D'Amato, Brisbois and Bisgaard, 650 E. Hospitality Lane, Suite 600, San Bernardino, California. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 2 1/11/1999 Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL LOCKWOOD EXCUSED At 8:38 a.m., Deputy City Attorney Empeno and Special Counsel Lockwood left the closed session. CITY CLERK CLARK EXCUSED At 8:44 a.m., City Clerk Clark left the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CITY ADMINISTRATOR WILSON EXCUSED At 8:57 a.m., Senior Assistant City Attorney Simmons and City Administrator Wilson left the closed session. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:00 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, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Miller. Vacant: Third Ward. INVOCATION The invocation was given by Executive Assistant to the Council Jorge Carlos. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles announced that Council Member Miller was at St. Bernardine's Hospital with her son, who was injured in a skiing accident this past weekend. 3 1/11/1999 APPOINTMENTS - TRAFFIC SAFETY ADVISORY COMMITTEE- ANIMAL ADVISORY COMMISSION COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - CENTRAL CITY PARKING PLACE COMMISSION - MAYOR VALLES - COUNCIL MEMBERS ANDERSON & MILLER (2) Mayor Valles submitted staff reports dated December 23, 1998, and January 5 & 6, 1999, recommending the following appointments on behalf of herself and Council Members Anderson and Miller. Mavor Valles John A. Ragsdale (Alternate) - Animal Advisory Commission David B. Aguirre - Community Development Citizens Advisory Committee Donald A. Kipp - Traffic Safety Advisory Committee Council Member Anderson Sylvia Arias - Central City Parking Place Commission Council Member Miller Sally Morris - Community Development Citizens Advisory Committee Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments requested by Mayor Valles and Council Members Anderson and Miller be approved. CERTIFICATE OF APPRECIATION - JOYCE JOHNSON - POLICE DEPARTMENT (3) Lieutenant Kinsman of the San Bernardino Police Department presented Joyce Johnson, Court Officer with the Police Department, with a resolution of appreciation in recognition of her loyal service and commitment to the community from 1980-1999, and extended best wishes on her retirement. INTRODUCTION/PRESENT A TION FACILITY PASSPORT ACCEPTANCE (3) City Clerk Rachel Clark introduced Barbara Brophy, Customer Service Manager of the Los Angeles Passport Agency. who presented Certificates of Designation to the following City Clerk personnel who have been designated as 4 1111/1999 Passport Agents: Suzanna Cordova, Miller. Rosemary Allen, Josie Alvarez, Cindy Buechter, Rachel Clark, Eileen Gomez, Regina Guerrero, Sandra Medina and Melanie RECESS MEETING At 9: 16 a.m., Mayor Valles declared a recess for the reception and grand opening of the new Passport Acceptance Facility in the City Clerk's Office. RECONVENE MEETING At 9:40 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles thanked the International Council for Friendship and Goodwill for hosting the reception for the Passport Acceptance Facility. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin provided an update on the "E" Street construction project. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien extended an invitation to attend the County Medical Center Site Reuse Committee meeting to be held at 4:00 p.m., Friday, January 15, 1999, in the Council Office Conference Room. They are considering all of the proposed uses for the Gilbert site and encourage recommendations. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that the Mt. Vernon Redevelopment Advisory Committee has been meeting to consider the various projects that will affect the Mt. Vernon Corridor. A report will be compiled and disseminated to all residents of the First Ward. Ms. Estrada also expressed her appreciation to the committee members. 5 1/11/1999 ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles acknowledged that the weekend clean-ups are continuing and thanked all of the participants. She stated that council ward community updates are being produced and more information will follow. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark made the following annoucements to the residents of the Third Ward: Election will be held on Tuesday, February 2, 1999; the League of Women Voters will be sponsoring a candidate forum on January 21, 1999 in the Council Chambers of City Hall at 6:30 p.m.; and early voting will take place on Saturday, January 30, 1999, at Fire Station No. 10 between 9:00 a.m. and 3:00 p.m. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that the second clean-up day within the Sixth Ward would be held on Saturday, January 16, 1999, and fliers would be disseminated. She also provided information on the designations for dumpsters. PUBLIC COMMENTS - PAUL SANBORN (5) Paul Sanborn, 267 South "D" Street, San Bernardino, CA, stated that his property is constantly being vandalized and expressed concern that the Police Department cannot properly identify the crime targeted areas. He also commented on the unsightliness of a boarded-up house on Mt. View Avenue and the abandoned Naval Reserve building on Waterman Avenue. PUBLIC COMMENTS - PAMELALEE BAILEY-SHIMIZU (5) Pamelalee Bailey Shimizu, 25220 East 17'h Street, San Bernardino, CA, representing the Mt. Vernon Avenue Pride Association, requested than an alternate route of passage be designated when improvements commence on the Mt. Vernon bridge and that small business loans be issued to local business. She also stated that the First Nations Tribal Library and Resource Center is in need of furniture and funds. Mayor Valles stated that when improvements are being made to major thoroughfares, every effort is made to divert traffic. 6 1/11/1999 ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark stated that the previously announced candidate forum would be televised on Saturday, January 23, 1999, at 7:00 p.m. and Tuesday, January 26, 1999, at 1:00 and 8:00 p.m. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion, seconded by Council Member Devlin, 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. COUNCIL MINUTES (7) Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: November 2, 1998; November 23, 1998. CLAIMS & PAYROLL (8) Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 4, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated January 4, 1999, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. ORD. MC-1038 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. Final (10) 7 1/11/1999 ORD. MC-I039 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.005 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE REQUIREMENTS FOR CONDUCTING BUSINESS IN THE CITY. Final (11) RES. 1999-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAMACHO'S LANDSCAPE, INC., FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 956, 968, 1016 AND 1023. (14) RES. 1999-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 974, 975, 981, 986, 989, 1001, 1007, 1012 & 1020. (16) RES. 1999-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT 982. (18) RES. 1999-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 993 AND 1005. (19) RES. 1999-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MOTOROLA CORPORATION FOR THE PURCHASE OF 94 MOBILE DATA COMPUTERS TO BE UTILIZED BY THE POLICE AND FIRE DEPARTMENTS IN ACCORDANCE WITH BID SPECIFICATION #F99-26. (21) Council Member Anderson made a motion, seconded by Council Member Devlin, that said ordinances and resolutions be adopted. Ordinance Nos. MC-1038 and MC-1039 and Resolution Nos. 1999-1, 1999-2, 1999-3, 1999-4 and 1999-5 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. 8 1/11/1999 RES. 1999-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 951, 952, 1002 AND 1019. (12) RES. 1999-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AZTECA LANDSCAPE, INC., FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT 953. (13) RES. 1999-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT 959. (15) RES. 1999-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAMACHO'S LANDSCAPE, INC., FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 976, 991, 997 & 1017. (17) Director of Development Services Hays stated that the assessments have not increased. Council inquired about the unkept area next to the Ironwood Estates. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-6, 1999-7, 1999-8 and 1999-9 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. RES. 1999-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PUCHASE ORDER TO MOTOROLA INCORPORATED, RIVERSIDE, CA, FOR THE PURCHASE OF FOUR VEHICLE RADIOS AND EIGHT PORTABLE RADIOS. (20) Police Captain Curtis answered questions regarding the cost of the radios. City Attorney Penman requested that the motion include a statement that this particular equipment is exempt from the bidding process pursuant to Section 3.04.0l0.B.3 of the Municipal Code. 9 1/11/1999 Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted; and that the equipment be exempt from the bidding process pursuant to Municipal Code Section 3.04.01O.B.3. The motion carried and Resolution No. 1999-10 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. PUBLIC HEARING - RENEW GRANT STUBBLEFIELD CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV SYSTEM (22) Frank Keller, Cable Television Manager, submitted a staff report dated December 9, 1998, regarding the granting (renewal) of a franchise to Stubblefield Construction dba Mountain Shadows Cable TV System . Mayor Valles opened the hearing. Cable Television Manager Keller noted that the renewal would be for a five- year period, thereby expiring in line with the expiration dates of the other two major franchise holders within the city. AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT TO STUBBLEFIELD CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV SYSTEM OF A NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. First (22) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. COUNCIL MEMBER ESTRADA EXCUSED At 10:10 a.m., Council Member Estrada left the council meeting. AUTHORIZE EXECUTION OF SUBPOENAS - UTILITY BILLING RECORDS - AUDIT - AT&T & SOUTHERN CALIFORNIA EDISON - UTILITY USERS TAX (23) City Administrator Wilson submitted a staff report dated January 5, 1999, regarding authorization to execute a subpoena for production of business records by the 10 1/11/1999 Southern California Edison Company and AT&T to enable the city to perform an audit of the city's utility user tax revenue. City Administrator Wilson explained that the city has experienced a decline in utility tax revenue. Hence, staff is requesting authorization to subpoena the production of business records. Barbara Pachon, Director of Finance, answered questions regarding the decline in utility tax revenue and the costs associated with the audit. Ray Gonzalez, Regional Manager, Southern California Edison, 287 Tennessee, Redlands, CA, explained the impact the rate reduction has had on the utility industry and city's utility tax revenue. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor be authorized to execute the attached subpoenas for the production of business records at Southern California Edison Company and AT&T for the purpose of conducting an audit of utility users taxes. COUNCIL MEMBER ESTRADA RETURNED At 10: 11 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 1999-11 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SIERRA COMPUTER SYSTEMS, INC., (SCSI) FOR THE PURCHASE OF 'PERMITS' PLUS LICENSE FOR THE PERMIT TRACKING SYSTEM UPGRADE TO BE USED BY VARIOUS DEPARTMENTS. (24) Michael Hays, Director of Development Services, provided an overview of the permit tracking system upgrade and the benefits to be derived. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Development Services be directed to proceed with purchasing computer equipment as indicated in the Resolution's Exhibit A, up to a maximum cost of $36,500. The motion carried and Resolution No. 1999-11 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. 11 1/11/1999 AUTHORIZATION TO PROCEED - STREET NAME CHANGE - FROM AUTO PLAZA DRIVE - TO AUTO CENTER DRIVE (25) Michael E. Hays, Director of Development Services, submitted a staff report dated December 14, 1998, regarding authorization to proceed with the street name change of Auto Plaza Drive to Auto Center Drive. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Development Services be authorized to proceed with the street name change of Auto Plaza Drive to Auto Center Drive. RES. 1999-12 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF THREE (3) OLDER MODEL POLICE VEHICLES TO THE INLAND V ALLEY DEVELOPMENT AGENCY (I.V.D.A.)/SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (S.B.I.A.A.) FOR USE BY THE AIRPORT SECURITY FORCE. (26) Captain Billdt, San Bernardino Police Department, answered questions regarding the condition of the vehicles. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-12 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..... TO ESTABLISH A NO PARKING ANY TIME ZONE ON FOURTH STREET BETWEEN FOOTHILL BOULEVARD AND TlA JUANA STREET, APPLICABLE TO THE SOUTH SIDE ONLY. (Continued from December 21, 1998) (27) City Administrator Wilson requested that the matter be tabled so that a comprehensive study could be made. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. 12 111111999 RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 10:24 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): Brian S. Deam vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 41377; Stubblefield Construction Co.. et al. vs. Citv of San Bernardino. et al. - Fourth District Court of Appeals Case No. E020341; Denise Carrillo-Chacon vs. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 98-19 RT (VAPx); Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) 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. Public Employee Appointment Aooointment: City Engineer E. Conference with real property negotiator pursuant to Government Code Section 54956.8. 13 1/11/1999 F. 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. CLOSED SESSION At 10:24 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Murad and Administrative Operations Supervisor Anderson, City Attorney's Office. COUNCIL MEMBER MILLER ARRIVED At 10:31 a.m., Council Member Miller arrived at the closed session. CITY ADMINISTRATOR WILSON, ATTORNEY SIMMONS & DEPUTY EXCUSED At 10:49 a.m., City Administrator Wilson. Senior Assistant Simmons and Deputy City Attorney Murad left the closed session. SENIOR ASSIST ANT CITY ATTORNEY CITY MURAD City Attorney CITY ATTORNEY PENMAN EXCUSED At 10:50 a.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN RETURNED At 11 :02 a.m., City Attorney Penman returned to the closed session. COUNCIL MEMBER MILLER EXCUSED At 11 :29 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION/RECESS MEETING At 11:48 a.m., the closed session adjourned and the meeting recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:07 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 14 1/11/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. APPOINTMENT - VERONICA MARTINEZ - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - MAYOR V ALLES (NBl) Mayor Valles submitted a staff report dated January 11, 1999, recommending the appointment of Veronica Martinez to the Community Development Citizens Advisory Committee. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Veronica Martinez to the Community Development Citizens Advisory Committee be approved, as requested by Mayor Valles. 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 2:09 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. PUBLIC COMMENTS (5) Jaime Alvarez, owner of Alvarez & Associates, 201 North "E" Street, San Bernardino, CA, submitted a time line of events regarding property located at 119 East 9th Street, San Bernardino, CA, and stated that he had been notified that the Acquisition, Rehabilitation and Resale (ARR) Program would be altered. He urged the Mayor and Council to make no changes to the program 15 1/11/1999 and requested that they be given an opportunity to respond to the investigation currently being conducted by the San Bernardino Police Department. The following individuals expressed support and confidence in Mr. Alvarez and his company and requested that the ARR Program not be changed: Marisela Labastida, 201 N. "E" Street #202, San Bernardino, CA Hector Labastida, 201 N. "E" Street #202, San Bernardino, CA Victor Labastida, 201 N. "E" Street #202, San Bernardino, CA Jerry Miller Cynthia Verdugo Peralta Abel Vizcarra, 201 N. "E" Street #202, San Bernardino, CA Elena Labastida, 201 N. "E" Street #202, San Bernardino, CA Leticia Eastland, 201 N. "E" Street #202, San Bernardino, CA Adrienne Holes, 201 N. "E" Street #202, San Bernardino, CA Araceli Soriano, 201 N. "E" Street #202, San Bernardino, CA Yvette Markes, 201 N. "E" Street #292, San Bernardino, CA Monica Visconti, 760 San Carlo, San Bernardino, CA Lance Bond, Montclair, CA Edward Guzman Rich Godfrey Brad Thomas, 13231 Wrangle Lane, Lorna Linda, CA Ben Mendoza Troy Holes, 201 N. "E" Street #202, San Bernardino, CA Richard Vasquez Eduardo Rojas, 1512 Teresa, Colton, CA Juan Valencia, 14424 Olive Street, Baldwin Park, CA Mike Johnson, 206 W. 17th Street, San Bernardino, CA Antonio Muniz, El Monte, CA Gavino Valencia Romi Maldonado, 1069 W. 11"' Street, San Bernardino, CA Rene Sims, 201 N. "E" Street #202, San Bernardino, CA Raul Aldez, 1122 W. 19th Street, San Bernardino, CA Rosie Buford, 1792 West 19th Street, San Bernardino, CA Sandy Sanchez, escrow officer with Universal Title Mike Bloomer, Gateway Title, Banning, CA Ron Remund, Provident Bank Mayor Valles thanked those individuals who spoke on behalf of the ARR Program and stated that the program would remain intact. RECESS MEETING At 2:58 p.m., Chairwoman Valles declared a three-minute recess. 16 1/11/1999 RECONVENE MEETING At 3:10 p.m., Chairwoman Valles reconvened 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. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. PUBLIC HEARING - AMEND 1996/97 & 1997/98 ANNUAL ACTION PLAN - CONSOLIDATED PLAN - SAN BERNARDINO MOBILEHOME PARK CORPORATION (R2S) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated January 4, 1999, regarding an amendment to the 1996/97 and 1997/98 Annual Action Plan relative to rehabilitation of certain mobile home parks. Mayor Valles opened the hearing. Gary Van Osdel, Executive Director of the Economic Development Agency, stated that $700,000 had been allocated for the rehabilitation of the mobile home parks acquired by the city and recommended that a contract be granted to the San Bernardino Mobilehome Park Corporation for the allocation of such. Director Pacheco stated that staff would be overseeing the administration of the funds. Council requested an update on the Mobile Home Program. RES. 1999-13 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME PARKS. (R2S) Council Member Anderson made a motion, seconded by Council Member Devlin, that the hearing be closed; that said resolution be adopted; and that the Mayor and Common Council reallocate Federal HOME funds, as depicted in Exhibit "A" of 17 1/11/1999 the staff report dated January 4, 1999, from Maggie Pacheco, Director of Housing and Community Development, and approve an amendment to the 1996/97 and 1997/98 Annual Action Plan of the City's Consolidated Plan to provide funding in the amount of $700,000 to the San Bernardino Mobilehome Park Corporation for the rehabilitation of certain mobile home parks and $32,820.15 to a contingency account. The motion carried and Resolution No. 1999-13 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Absent: Council Member Miller. Vacant: Third Ward. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:18 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THEATRICAL ARTS INTERNATIONAL. (R29) Ann Harris, Director of Business Recmitment, Retention and Revitalization, answered questions concerning the provisions of the agreement. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor be authorized to renegotiate an agreement with Theatrical Arts International; and that the matter be referred to the Redevelopment Committee and brought back to the Community Development Commission. Council Member Anderson made a motion, seconded by Council Member Estrada, that staff be authorized to give a thirty (30) day cancellation notice to the Civic Light Opera and Keith Stava Productions. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson. Nays: Council Member Devlin. Absent: Council Member Miller. Vacant: Third Ward. ADJOURNMENT (30) At 3:29 p.m., the meeting was adjourned. The next regular meeting of the Mayor and Common CouncillCommunity Development Commission will be held at 8:00 a.m., Monday, January 25, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 18 1/11/1999 No. of Items: 31 No. of Hours: 5.5 RACHEL G. CLARK, CMC City Clerk By /~ zanna Cordova eputy City Clerk 19 1/11/1999