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HomeMy WebLinkAbout09-07-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 7, 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 8:07 a.m., Tuesday, September 7, 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, McGinnis, Schnetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. Senior Assistant City Attorney Carlyle announced that the following additional cases would be discussed in closed session: Citv of San Bernardino Municipal Water Department vs. Department of Defense - Case No. CV96-8867-MRPP; Haas vs. Countv of San Bernardino - 69 Cal. App. 4th 1019; Kathleen R. vs. City of Livermore - California Court of Appeals, 1" Appellate District, Division Four. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting) (See pages 8, 10, 22, 31, 34) (1) At 8:07 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 1 9/7/1999 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 (Public Employee Appointment/Public Employment). Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) E. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Ag.encv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Prooertv Address: 303 West 3'd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions 2 9/7/1999 CLOSED SESSION At 8:07 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, Schnetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. Also present: Bernard Kersey, General Manager, San Bernardino Water Department; Lee Dean, Chief of Police; Deputy City Attorney Easland, and April Lair, Legal Secretary, City Attorney's Office. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Miller read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. BERNARD KERSEY, GENERAL MANAGER, SAN BERNARDINO WATER DEPARTMENT EXCUSED At 8:23 a.m., Bernard Kersey, General l\lanager, San Bernardino Water Department, left the closed session. ADJOURN CLOSED SESSION At 9:07 a.m., Mayor Valles adjourned the closed session. RECONVENE MEETING At 9:08 a.m.. Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. INVOCATION The invocation was given by Reverend Jeffrey Morehead from Grace Chapel. 3 9/7/1999 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Schnetz. APPOINTMENTS There were no appointments at this meeting. PRESENT A TION POSTHUMOUSLY CONGRESSMAN GEORGE BROWN, JR. COMMENDING (3) Mayor Valles presented Marta Macias Brown with a resolution posthumously commending her late husband, Congressman George Brown, Jr., who represented the 42"d Congressional District and who was the longest-serving member of Congress in the history of the State of California. Marta Macias Brown accepted the resolution. PRESENTATION - POSTHUMOUSLY COMMENDING COUNCIL MEMBER JERRY DEVLIN (3) Mayor Valles presented Sherri Devlin with a resolution posthumously commending her late husband, Council Member Jerry Devlin, who represented the 5th Ward until his death on July 12, 1999. Mrs. Devlin and members of the family accepted the resolution. PRESENTATION - FIRE DEPARMENT MEMENTOS FROM FINLAND & ESTONIA (3) Mr. Larry Veres, who is a member of the Fire Commission and is Chairman of the Fire Service Ad Hoc Committee, presented Chief Larry Pitzer with mementos that he received from members of the Fire Department during his recent trip to Tallin, Finland and Estonia, a newly independent democratic country that was previously part of U.S.S.R. Chief Larry Pitzer accepted the pm, uniform patch, flag and fire nozzle on behalf of the Fire Department. COUNCIL MEMBER ANDERSON ARRIVED At 9:17 a.m., Council Member Anderson arrived at the Council meeting and took her place at the council table. 4 9/7/1999 PRESENTATION - SOAP BOX DERBY COMMITTEE - MAY 15 & 16, 1999 (3) Joe Suarez, member of the Soap Box Deroy Committee, presented Mayor Valles with a certificate and trophy in recognition of an announcement made by the Soap Box Derby Headquarters in Akron, Ohio acknowledging the City of San Bernardino as the site of the largest Soap Box Derby race in the Western United States. Pat Horn presented to Mayor Valles a certificate of appreciation and trophy. PUBLIC COMMENTS - SALUTE TO THE ROUTE - ROUTE 66 RENDEZVOUS (45) Mr. Joe Rodriguez announced that the Salute to the Route would be held Saturday, September 18, 1999 from 10:00 a.m. to 6:00 p.m. in Nunez Park III conjunction with the Route 66 Rendezvous. For more information contact 387-3064. PROCLAMATION - SEPTEMBER AS ROUTE 66 RENDEZVOUS MONTH (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the month of September, 1999, as "Route 66 Rendezvous Month" in the City of San Bernardino. Steve Henthorn, Executive Director, and Jack Boren, Director of Special Events of the San Bernardino Convention and Visitors Bureau, were present to accept the proclamation; and presented the Mayor and Common Council with event T-shirts and new visitor guide. PUBLIC COMMENTS - LARRY QUIEL - SAN BERNARDINO CHAMBER OF COMMERCE - NEW BUSINESSES (45) Larry Quiel, representing the San Bernardino Chamber of Commerce, welcomed the following new businesses to San Bernardino: 1. Tobacco Shack at 1591 East Date Street Grand Opening on September 9, 1999 2. Dinero Seguro at 390 West 5th Street Grand Opening on September 14, 1999 3. Vacuum's Etc. at 2562 East Highland Grand Opening on September 16, 1999 5 9/7/1999 ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson explained that she was wearing dark glasses due to some recent eye surgery. Council Member Anderson thanked the residents of the Sixth Ward for their efforts to beautify their homes. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schuetz explained that next Saturday is a city-wide cleanup day and explained that he would be helping out at the 40th Street Shopping Center and urged all residents to participate. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien made the following announcements: 1. Encouraged everyone to visit the Route 66 Museum opening on September 30, 1999 located at the Fast Food Museum for McDonald's on "E" Street and a wonderful place to visit. 2. Regarding a recent Letter to the People from former Mayor W. R. "Bob" Holcomb regarding the proposed downtown water project, Council Member Lien stated that although she respected Mr. Holcomb's expertise in water management issues, she expressed her support for the proposed downtown water project for its futuristic approach to solving several ongoing water problems. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada encouraged residents to support the Route 66 Rendezvous by participating in the city-wide cleanup day on Saturday, September 11, 1999. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: 1. Urged all residents to participate in the city-wide cleanup day on Saturday, September 11, 1999 in an effort to clean up the city for visitors to the Route 66 Rendezvous. Call Nick Gonzales at 384-5133 for more information. 2. A recent article entitled "Report Claims City Bad for Children" shed an unfavorable light on the City. The report, prepared by Zero Population Growth was based on statistics that were approximately four years old. 6 9/7/1999 3. The City recently received the prestigious designation of "Smart Choice Select City" from a publication similar to Money Magazine that lists the most favorable cities in which to live. Our City was one of 150 miu-sized cities in the United States with populations over 100,000 that was selected. The selection was based on national survey results that identified the best towns and cities in America for their outstanding quality of life and factors involving climate, location, crime, culture, education and health care. 4. San Bernardino Public Library held a Photo Day as part of Shades of San Bernardino, a project designed to document the daily lives and historical, political and cultural contributions of the city's diverse communities. Professional photographers copied 270 photographs from nearly 50 donors who participated in the Photo Day held in June, 1999. Fifty of the 270 photographs have been selected from the Shades of San Bernardino photo history project and are currently on display at the Feldheym Library Galleries at Sixth and "E" Streets. The photos will be displayed until September 30, 1999. Call Millicent Price at 381-8226 for more information. 5. Animal Shelter hours have been expanded as of July 1, 1999. The operating hours were extended until 7:00 p.m. on Tuesdays to provide evening service, and beginning next Monday, September 13, 1999 the Shelter will also be extending its days of operation to include Mondays, making the Shelter open to the puhlic six days per week. Shelter hours were reduced in July of 1996 as part of budget-reduction measures; however, based on discussion with the Animal Control staff, Lori Sassoon, Acting Director of Animal Control, has announced that the Shelter will reopen on Mondays. ANNOUNCEMENTS - CITY CLERK CLARK (4) Rachel Clark, City Clerk, made the following announcements: 1. There will be an election on September 20, 1999 in the 42"" congressional district to replace Congressman George Brown, Jr. The deadline to apply for an absentee ballot is Tuesday, September 14, 1999. 2. The Northwest Redevelopment Project Area Committee (PAC) Election is Wednesday, October 6, 1999 primarily in the Sixth Ward. Thursday, September 9, 1999, is the last day to apply for the positions as candidates. 3. The City-wide election will take place on Tuesday, November 2, 1999. The last day to register to vote is Monday, October 4. 1999. 7 9/7/1999 ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Fred Wilson explained that in August and September 1999 the City conducted a Business Climate Survey and that the results will be available in the next few weeks and will be presented to the Mayor and Common Council. CLOSED SESSION ANNOUNCEMENT- SENIOR ASSISTANT CITY ATTORNEY CARLYLE (1) Senior Assistant City Attorney Carlyle announced that in closed session the Mayor and Common Council had approved the City's joining in an Amicus Brief on the following two cases: Haas vs. Countv of San Bernardino - 69 Cal. App 4'" 1019; Kathleen R. vs Citv of Livermore - California Court of Appeals, 1" Appellate District, Division Four. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting) (See pages 1, 10, 22, 31, 34) (1) At 9:48 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). 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 Code Section Employment). legal counsel - personnel - pursuant to Government 54957 (Public Employee Appointment/Public Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) 8 9/7/1999 E. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emolovee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Prooertv Address: 303 West 3" Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions CLOSED SESSION At 9:48 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, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark. Absent: Council Member Miller; City Administrator Fred Wilson. Vacant: Fifth Ward. Also present: Deputy City Attorney Easland. and April Lair, Legal Secretary, City Attorney's Office. ADJOURN CLOSED SESSION At 10:08 a.m., Mayor Valles adjourned the closed session to the Council Chamber of City Hall. 9 9/7/1999 RECONVENE MEETING At 10:08 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 Pro Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Member Miller. Vacant: Fifth Ward. REPORT - STUDY TO CLOSE BROADMOOR BOULEVARD AT 30TH STREET (34) Michael Hays, Director of Development Servkes, submitted a staff report dated August 11, 1999, reporting on the study to close Broadmoor Boulevard at 30th Street. Larry Veres, 3184 North Broadmoor Boulevard, San Bernardino, requested that Broadmoor Boulevard be closed at 30th Street, and explained the safety hazard he perceived exist due to the heavy traffic. Brian Marnitchek, 3003 Broadmoor Boulevard, San Bernardino, explained his support for closing Broadmoor Boulevard at 30th Street. Mr. Hays gave an overview of the results of the traffic study and explained that the traffic study does not support the closing of Broadmoor Boulevard at 30th Street. Council Member Estrada made a motion, seconded by Council Member Lien, that the matter be continued to the Mayor and Council meeting of September 20, 1999. The motion carried by the following vote: Ayes: Council Members Estraua, Lien, Schnetz, Anderson. Nays: Council Member McGinnis. Absent: Council Member Miller. Vacant: Fifth Ward. MAYOR V ALLES RETURNED At 10:39 a.m., Mayor Valles returned to the council meeting and took her place at the council table. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting) (See pages 1, 8, 22, 31, 34) (1) At 10:40 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 10 9/7/1999 Pursuant to Government Code Sections: A. Conference with legal counsel - eXlstlllg litigation - pursuant to Government Code Section 54956.9(a). 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 Code Section Employment). legal counsel - personnel - pursuant to Government 54957 (Public Employee Appointment/Public Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) E. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emolovee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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 Coue Section 54957. 11 9/7/1999 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Propertv Address: 303 West 3" Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions 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, Schuetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Fifth Ward. Also present: Ed Raya, Director of Human Resources; Lee Dean, Chief of Police; Deputy City Attorney Easland, and April Lair, Legal Secretary, City Attorney's Office. ADJOURN CLOSED SESSION At 11:02 a.m., Mayor Valles adjourned the closed session. RECONVENE MEETING At 11 :02 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Vacant: Fifth Ward. 12 9/7/1999 CLOSED SESSION ANNOUNCEMENTS (1) Council Member Anderson made a motion, seconded by Council Member Schnetz, that the Mayor and Common Council approve the signing of the contract amendments with Fred Wilson, City Administrator and Larry Pitzer, Fire Chief. The motion carried by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Anderson. Nays: Council Member Estrada. Absent: Council Member Miller. Vacant: Fifth Ward. Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve the signing of a side letter to the Memorandum of Understanding (MOU) with the Police Department regarding the Watch Commander/Lead Sergeant. APPEAL HEARING - CONDITIONAL USE PERMIT NO. 99-07 - MODIFY CONDITIONAL USE PERMIT NO. 97-17 - 206 SOUTH "D" STREET ~ ALLEN PROPERTY (37) Michael Hays, Director of Development Services, submitted a staff report dated August 24, 1999 relative to the appeal filed by Michael and Brenda Allen requesting a a modification to Conditional Use Permit No. 97-17 to construct a one-way, fifteen foot wide driveway in place of a two-way, twenty-four foot driveway for access to Athol Street. The site is located at the southwest corner of Athol Street and "D" Street in the IL, Industrial Light, land use district. Mayor Valles opened the hearing. Mr. Hays requested that the matter be continued to October 4, 1999. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 4, 1999. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission and the San Bernardino Joint Powers Financing Authority be waived. 13 9/7/1999 COUNCIL MINUTES (6) Council Member McGinnis made a motion. seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: May 3, 1999; June 7, 1999; July 6, 1999; July 12, 1999; July 19, 1999; and August 2, 1999. CLAIMS & PAYROLL (7) Council Member McGinnis made a motion. seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 23, 1999, from Barbara Pachon, Director of Finance, be approved. RES. 1999-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL DEFERRED COMPENSATION. INC. FOR SERVICES AS ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN. (9) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-217 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: Council Member Miller. Vacant: Fifth Ward. Ayes: Council None. Absent: RES. 1999-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (10) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit '"A" which have been paid. The motion carried, and Resolution No. 1999-218 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. 14 9/7/1999 AUTHORIZE DEMOLITION - CITY-OWNED BUILDINGS - FOURTH STREET & WATERMAN AVENUE - PREVIOUSLY LEASED BY U.S GOVERNMENT REAL PROPERTY DIVISION FOR USE AS A MILITARY RESERVE TRAINING CENTER. (11) Glenn Baude, Director of Code Compliance, submitted a staff report dated September 7, 1999 concerning the demolition of property at Fourth Street and Waterman Avenue previously leased to the U.S. Government Real Property Division for use as a military reserve training center. Council Member McGinnis made a motion. seconded by Council Member Anderson, and unanimously carried, that the demolition of the City-owned buildings at Fourth Street and Waterman Avenue be authorized. ORD. MC-1056 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030 (8) AND TABLE 20.01 OF DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) TO ELIMINATE ALL REFERENCES TO HEDGES AND SHRUBS AS FENCING MATERIAL. Final (12) ORD. MC-I057 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22 (SIGN REGULATIONS), AND SECTIONS 19.14.020 AND 19.14.030 (6) & (7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW LARGER AND TALLER SIGNAGE THROUGHOUT THE CITY. Final (13) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said ordinances be adopted. Ordinance Nos. MC-1056 and MC-1057 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. AUTHORIZATION TO PROCEED SALE OF WATER DEPARTMENT PROPERTY - NORTH SIDE OF GOULD STREET, WEST OF RICHARDSON STREET (GOULD WELL SITE) (15) Michael Hays, Director of Development Services, submitted a staff report dated August 26. 1999, regarding the sale of Water Department property located on the north side of Gould Street, west of Richardson Street, referred to as the Gould Well Site. 15 9/7/1999 Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Development Services be authorized to proceed with the sale of City property located at the north side of Gould Street, west of Richardson Street, known as the Gould Well Site and also known as Assessor's Parcel 0281-122-17 and do all things necessary to conclude the sale, including the payment of title fees, if any, and other appurtenant costs not to exceed $1,500.00. AUTHORIZATION TO PROCEED - PROPOSED VACATION - PORTION OF EAST/WEST ALLEY & NORTH/SOUTH ALLEY - NORTH OF 40TH STREET, EAST OF SIERRA WAY - APPROVE PLAN NO. 10009 (16) Michael Hays, Director of Development Services, submitted a staff report dated August 16, 1999, regarding the proposed vacation of portions of the east/west alley and the north/south alley north of 40"t Street, east of Sierra Way. Council Member McGinnis made a motion. seconded by Council Member Anderson, and unanimously carried, that the Director of Development Services anu the City Clerk be authorized to proceed with the vacation of portions of the east/west alley and the north/south alley north of 40'" Street, east of Sierra Way; and that Plan No. 10009 showing the proposed vacation of portions of the east/west alley and the north/south alley north of 40th Street, east of Sierra Way, be approved. RES. 1999-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-378, ENTITLED IN PART "RESOLUTION ... ORDERING THE VACATION OF PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN "I" AND "J" STREETS ..." TO CORRECT THE LEGAL DESCRIPTION FOR PARCEL ONE AND TWO DESCRIBED THEREIN. (17) RES. 1999-220 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT TO HIGH LIGHT ELECTRIC FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF PEPPER AVENUE AND RANDALL AVENUE PER PLAN NO. 9903. (18) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-219 and 1999-220 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. 16 9/7/1999 AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL TRAFFIC SIGNAL - INTERSECTION OF TIPPECANOE A VENUE & LAURELWOOD DRIVE - APPROVE PLAN NO. 10012. (19) Michael Hays, Director of Development Services, submitted a staff report dated August 20, 1999, regarding authorization to advertise for bids to install a traffic signal at the intersection of Tippecanoe Avenue and Laurelwood Drive per Plan No. 10012. Council Member McGinnis made a motion. seconded by Council Member Anderson, and unanimously carried, that Plan No. 10012 be approved for the installation of a traffic signal at the intersection of Tippecanoe A venue anu Laurelwood Drive and authorize the Director of Development Senices to advertise for bids. RES. 1999-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINANCING OF REPLACEMENT PRINT SHOP COPIER AND OFFSET PRINTING PRESS EQUIPMENT UNDER A COMPETITIVELY BID LEASE PURCHASE AGREEMENT, THE PURCHASE OF REPLACEMENT PRINT SHOP EQUIPMENT FROM XEROX, A.B. DICK AND GRAPHIC SYSTEMS, AND THE ISSUANCE OF AN ANNUAL PURCHASE ORDER TO XEROX FOR MAINTENANCE OF PRINT SHOP COPIER AND FOLDING/STAPLING EQUIPMENT. (21) RES. 1999-222 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WORLD PLAZA L.L.C. TO LEASE CERTAIN REAL PROPERTY FOR THE AREA "C" COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 89-451. (22) RES. 1999-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND ARROW AUTO AIR AND TRANSMISSION FOR AUTOMOTIVE, LIGHT AND MEDIUM DUTY TRUCK TRANSMISSION SERVICE, REPAIR AND OVERHAUL OF THE CITY'S FLEET. (23) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolutions be adopted. 17 9/7/1999 Resolution Nos. 1999-221, 1999-222, and 1999-223 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. REJECT ALL BIDS - BID NO. F-00-21 - DIESEL ENGINE/HEAVY EQUIPMENT MAINTENANCE (25) Lynn Merrill, Director of Public Services, submitted a staff report dated August 23, 1999, relative to rejecting all bids receiveu in response to Bid No. F-00-21. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that all bids suhmitted in response to Biu No. F- 00-21 for diesel engine/heavy equipment maintenance. be rejected. RES. 1999-224 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT FOR PROPERTY LOCATED AT 1306 G STREET, SAN BERNARDINO, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (27) RES. 1999-225 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT FOR PROPERTY LOCATED AT 980 WEST HOME AVENUE, SAN BERNARDINO, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (28) Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-224 and 1999-225 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT NUMBER 3-98-00-0226A AND AWARDING CONTRACT TO NEC BCS, INC. FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED CALL DISTRIBUTION SYSTEM WITH RELATED HARDWARE AND SOFTWARE. (20) 18 9/7/1999 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ACCEPTANCE OF A SCHOOL TO CAREER GRANT FUNDED BY THE FEDERAL GROVERNMENT AND ADMINISTERED THROUGH THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, FOR THE FOLLOWING PROJECT: A CABLE TELEVISION SERIES UTILIZING HIGH SCHOOL AND ROP STUDENTS IN ALL FACETS OF PRODUCTION. (26) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that Item No. 20 and Item No. 26 be continued to the Mayor and Council meeting of September 20, 1999. PERSONNEL ACTIONS (8) Council Member McGinnis made a motion. seconded by Council Member Schnetz, that the personnel actions as submitted by the Chief Examiner, dated August 31, 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 as amended to remove Item #4 - Douglas Chandler. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Nays: Council Member Anderson. Absent: Council Member Miller. Vacant: Fifth Ward. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD. (Discussed later in the meeting) (See page 24) (14) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to later in the meeting. Vacant: Fifth Ward. RES. 1999-226 - A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICA nON TO SUPPORT A WASTE REDUCTION AND POLLUTION PREVENTION PROGRAM FOR LOCAL BUSINESSES. (24) 19 9/7/1999 Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-226 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: Council Member Miller. Vacant: Fifth Ward. Ayes: None. Council Absent: SET PUBLIC HEARING - 10:00 A.M. - SEPTEMBER 20, 1999 - CONSIDER CHANGES - ALARM FEE FOR NON-PERMITTED lli~. ~ Lee Dean, Chief of Police, submitted a staff report dated September 2, 1999 requesting that a public hearing be set to consider the fee schedule for invoicing non- permitted alarm users for the first and all subsequent false alarms. Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, that a public hearing be set for 10:00 a.m., September 20, 1999, to consider changes in the alarm fee for non-permitted uses. RES. 1999-227 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH PUBLIC ENTERPRISE GROUP FOR THE PURPOSE OF DEVELOPING PUBLlC-PRIV A TE PARTNERSHIPS WITH PRIVATE CORPORATIONS AND OTHER ENTITIES AND PERSONS. (30) Mr. Schulte, representing Public Enterprise Group, explained some of the different options that would be explored under the contract. Council Member Schnetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted and agreement amended to amend Section 10 to include a termination clause of twenty-four (24) months from the date of execution; and that the Director of Finance be authorized to amend the FY 1999-2000 budget to reflect an increase of $26,000 to the City Administrator's Office budget (Account No. 001-101-5502) and an increase of $50,000 in projecteu General Fund revenues. The motion carried, and Resolution No. 1999-227 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Fifth Ward. 20 9/7/1999 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF. (Discussed later in the meeting) (See pages 25 & 34) Url!encv (31) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT. (Discussed later in the meeting) (See pages 25 & 34) First (32) Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that Item No. 31 and Item No. 32 be continued to later in the meeting. DESIGNATE VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 10-12, 1999 (33) Rachel Clark, City Clerk, submitted a staff report dated August 17, 1999, relative to designating a voting delegate for the League of California Cities Annual Conference to be held October 10-12, 1999 in San Jose, California. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that Mayor Valles be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held October 10 -12, 1999 in San Jose, California; and that Council Member Lien be designated as the alternate voting representative. STATUS REPORT - FIRE DEPARTMENT STANDARD AD HOC COMMITTEE'S WORK PROGRESS (35) Larry Pitzer, Fire Chief, submitted a staff report dated August 16, 1999 providing a status report on the Fire Department Standard Ad Hoc Committee's work progress. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the status report be received and filed. AUTHORIZATION TO PROCEED - PROPOSED VACATION - PORTION OF PUMALO STREET, EAST OF DEL ROSA AVENUE- APPROVE PLAN NO. 9992. (36) 21 9/7/1999 Michael Hays, Director of Development Services, submitted a staff report dated July 21, 1999, relative to authorization to proceed with the proposed vacation of a portion of Pumalo Street, east of Del Rosa Avenue. Robert Neves, 2348 Sterling Avenue, San Bernardino, CA, expressed his opposition to the proposed street vacation. Council Member Anderson made a motion, seconded by Council Member Schuetz, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 4. 1999. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting) (See pages 1, 8, 10, 31, 34) (1) At 11:40 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). 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 Code Section Employment). legal counsel - personnel - pursuant to Government 54957 (Public Employee Appointment/Public Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) E. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources 22 9/7/1999 Emplovee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Propertv Address: 303 West 3'" Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions CLOSED SESSION At 11:40 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, Schnetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. Also present: Deputy City Attorney Easland, and April Lair, Legal Secretary, City Attorney's Office. ADJOURN CLOSED SESSION At 12: 11 p.m., Mayor Valles adjourned the closed session. RECONVENE MEETING At 12: 11 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. 23 9/7/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. RECESS MEETING At 12: 11 p.m., Mayor Valles recessed the meeting 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/San Bernardino Joint Powers Financing Authority 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, Lien, McGinnis, Schnetz; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. 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 2:08 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. RES. 1999-228 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC., FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD. (Discussed earlier in the meeting) (See page 19) (14) Michael E. Hays, Director of Development Services, stated that this was the final action to be taken in order to begin design for the new bridge. 24 9/7/99 Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 1999-228 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz. Nays: None. Absent: Members Anderson, Miller. Vacant: Fifth Ward. Council Council ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF. (Discussed earlier and later in the meeting) (See pages 21 & 34) Url!encv (31) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT. (Discussed earlier and later in the meeting) (See pages 21 & 34) First (32) It was the consensus of the Council members present to postpone further discussion of Agenda Item Nos. 31 and 32 until Council Member Anderson returned later in the afternoon. PUBLIC HEARING - CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REQUEST TO ISSUE CERTIFICATES OF PARTICIPATION - BEHALF OF PACIFIC SUPPORTED LIVING SERVICES, INC. (R38) Note: No backup materials were submitted and, therefore, will not be available for reference. Chairwoman Valles opened the hearing. Executive Director Van Osdel advised that this item involved the acquisition and rehabilitation of group homes in the Inland Empire. He noted that the city of Highland had already taken action on the matter and had refused to authorize funding; therefore, the financing was no longer feasible. 25 917199 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF A CERTIFICATE OF PARTICIPATION EVIDENCING PROPORTIONATE INTEREST OF THE HOLDERS THEREOF IN AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT PACIFIC SUPPORTED LIVING SERVICE, INC. (R38) Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be tabled. RES. 1999-229 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION AMENDMENT TO THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION. (R39) Executive Director Van Osdel advised that the grant application had been due the previous Friday, and Mayor Valles had executed the necessary paperwork; however, the resolution needed to be ratified by the Council. Council Member Schnetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 1999-229 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz. Nays: None. Absent: Members Anderson, Miller. Vacant: Fifth Ward. Council Council RECEIVE & FILE - NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE (NWPAC) COMMUNITY BASED ORGANIZATION LIST (R40) Ronald A. Winkler, Development Director. submitted a staff report dated August 24, 1999, recommending that the Commission receive and file the new Community Based Organization List for the Northwest Redevelopment Project Area Committee. Council Member McGinnis made a motion, seconded by Council Member Lien, and unanimously carried, that the Community Based Organization list of the Northwest Redevelopment Project Area Committee be received and filed. ~, 26 9/7/99 RES. CDC/1999-33 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF 201 NORTH E STREET TO THE JOINT POWERS AUTHORITY IN CONNECTION WITH THE SALE AND DELIVERY OF 1999 CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed later in the meeting) (See page 30) (R41) RES. 1999-230 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed later in the meeting) (See page 30) (R41) RES. J-48 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed later in the meeting) (See page 30) (R41) Gary Van Osdel, Agency Executive Director, spoke regarding the low level of the reserves in the Agency's accounts, and whether there was some way to use the Agency's principal asset, the building at 201 North E Street, in terms of generating some cash to alleviate the situation. He advised that the proposal before the Council/Commission/Joint Powers Authority would provide funds to the Agency in the amount of $5.2 million. The intent would be to take the majority of those proceeds (approximately $4 million) and put them with a trustee or trust deed in a restricted account in order to get the reserves up to the recommended level of approximately $10 million. Of the remaining funds, $1.1 million would be used to retrofit for seismic purposes the five-level parking structure south of City Hall and $100,000 would be placed in a capital account for the building. Agency Special Counsel Sabo reiterated that staff had been looking for quite a number of months to see what possibilities there might be to refinance, sell, or lease purchase the building at 201 North E Street. However, since there is the MBIA insurance policy, it just seemed to be much more economical to include it in this type of financing. He stated that all the proposals received relative to 201 North E Street involved a tax exempt financing; and even though they didn't call it that, the intent of 27 917199 all of the proponents was that they would sell participation interests in that tax exempt lease. Once staff started getting into the restrictions that would be imposed versus a straight conventional financing, and started looking at the net proceeds that would be received, this was by far the most monies that could be received. In addition, at the end of the 25 years the Agency would still own the building, where under the other proposals, there would be a substantial buy-back figure at 20 or 25 years. Mr. Sabo reviewed with the Council/Commission the action they took in June to refinance the Police Station COPs and the South Valle COPs. He reviewed the current debt service on South Valle and the monetary advantages of the proposal being presented to the Council/Commission this date. It was the consensus of the Mayor and Council members present to postpone further discussion of this item until Council Member Anderson returned later in the afternoon. RES. CDC/1999-30 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND NHS WHICH PROVIDES: (1) THE AGENCY WILL DONATE THE PROPERTY LOCATED AT 571 MAGNOLIA STREET TO NHS FOR CONSTRUCTION OF A SINGLE FAMILY HOUSING UNIT; (2) A $5,000 HOME (CHDO) GRANT TO NHS TO ASSIST WITH THE DEVELOPMENT OF THE PROPERTY; AND (3) NHS WILL BE REQUIRED TO SELL THE HOME TO A FIRST TIME LOW INCOME HOMEBUYER, CONSISTENT WITH THE YOUTHBUlLD PROGRAM AND HOME REQUIREMENTS, AND RECYCLE SALE PROCEEDS FOR OTHER HOUSING PROJECTS. (R42) Maggie Pacheco, Director of Housing and Community Development, explained that in December the Community Development Comnlission had authorized staff to buy the parcel at 571 Magnolia. Staff was now asking the Commission to authorize approval of an agreement wherein the Agency would donate the parcel to the Neighborhood Housing Services (NHS). In turn, the NHS would use a grant received from the government to pay youth to build the structure, which would be sold to a low- income family. Ed Moncrief, Neighborhood Housing Services, 1390 North "D" Street, San Bernardino, CA, stated that Los Padrinos was one of the many partners affiliated with the NHS on this program, and they had assisted in the selection of the 28 youth who would participate in the program. 28 9/7/99 Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. CDC/1999-30 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Nays: None. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. RES. CDC/1999-31 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES AND THE AGENCY IN THE AMOUNT OF $500,000 TO IMPLEMENT THE SINGLE FAMILY HOME IMPROVEMENT AND BEAUTIFICATION GRANT PROGRAM AS SET FORTH HEREIN. (R43) Maggie Pacheco, Director of Housing and Community Development, provided background information on the Single-Family Home Improvement and Beautification Grant Program and reviewed the current request before the Council, stating that the proposed program would be worked in concert with the Neighborhood Initiative Program. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. CDC/1999-31 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Nays: None. Absent: Council Members Anderson, Miller. Vacant: Fifth Ward. RES. CDC/1999-32 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE AGENCY CHAIRPERSON AND EXECUTIVE DIRECTOR TO EXECUTE A COOPERATIVEIDELEGATE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY FOR IMPLEMENT A TION OF THE NEIGHBORHOOD INITIATIVE PROGRAM (NIP) WITHIN THE SEVEN TARGET AREAS. (R44) Executive Director Van Osdel advised that the Neighborhood Initiative Program is the culmination of many months of negotiation--a $15 million program involving several cities, which is being administered by the County of San Bernardino. ,- Maggie Pacheco, Director of Housing and Community Development, stated that this program is intended to stop deterioration and provides very specifically what the 29 9/7/99 Agency will do and what the County will do. She noted that of the $15 million, the City has no specific share; that the County is in the "driver's seat" and must look at the needs of all of the cities involved. COUNCIL MEMBER ANDERSON RETURNED At 3:04 p,m., Council Member Anderson returned to the Council meeting and took her place at the Council table. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No, CDC/1999-32 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz. Nays: None. Abstain: Member Anderson. Absent: Council Member Miller. Vacant: Fifth Ward, Ayes: Council RES. CDC/1999-33 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF 201 NORTH E STREET TO THE JOINT POWERS AUTHORITY IN CONNECTION WITH THE SALE AND DELIVERY OF 1999 CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed earlier in the meeting) (See page 27) (R41) RES. 1999-230 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed earlier in the meeting) (See page 27) (R41) RES. J-48 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS). (Discussed earlier in the meeting) (See page 27) (R41) Agency Executive Director Van Osdel and Special Counsel Sabo reviewed the pertinent points and monetary benefits of said proposal and answered questions regarding same, 30 9/7/99 Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution following vote: Anderson. Nays: Nos. CDC/1999-33, 1999-230 and J-48 were adopted by the Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, None. Absent: Council Member Miller. Vacant: Fifth Ward. PUBLIC COMMENTS - BOB NEVES (45) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, read a letter dated September 7, 1999, requesting Council review of a decision made by the Handicapped Appeals Board relative to two complaints he filed in late 1998 regarding curb ramps, Senior Assistant City Attorney Carlyle stated that he was unaware of what action was taken in January. Mayor Valles stated that staff would look into the matter to ascertain what happened and would follow-up with a report within 30 days. PUBLIC COMMENTS - JAIME ALVAREZ (45) Jaime Alvarez, Alvarez & Associates, 201 North "E" Street, San Bernardino, CA, submitted a document relating to the recent investigation of Alvarez & Associates and requested written verification of resolution of the case. PUBLIC COMMENTS - STEVE FIGUEROA (45) Steve Figueroa, P.O. Box 3202, Victorville, CA, Vice-President of the Mexican-American Political Association (MAPA), spoke regarding discrimination in the City of San Bernardino and selective enforcement of codes. PUBLIC COMMENTS - GIL NAVARRO (45) Gil Navarro, 985 W. Kendall Drive, San Bernardino, CA, a candidate for the San Bernardino City School Board, provided various information regarding the schools, stating that the Mayor and Council should be more concerned/involved with the local school district. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1, 8, 10, 22, 34) (1) At 3:52 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 31 9/7/99 A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956,9(a): Citv of San Bernardino Municipal Water Department vs. Department of Defense - Case No. CV96-8867-MRPP: Haas vs. County of San Bernardino - 69 Cal. App. 4'" 1019; Kathleen R vs. City of Livermore - California Court of Appeals, 1" Appellate District, Division Four. 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 (Public Employee Appointment/Public Employment). Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) E. Conference with labor negotiator - pursuant to Government Code Section 54957,6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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. 32 9/7/99 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Propertv Address: 303 West 3'd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions CLOSED SESSION At 3:52 p,m" Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, 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: Fifth Ward. Also present: City Administrator Wilson; Economic Development Agency Development Director Winkler and Housing and Community Development Director Pacheco, COUNCIL MEMBER SCHNETZ EXCUSED At 3:57 p.m" Council Member Schnetz left the closed session. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO, EXECUTIVE DIRECTOR V AN OSDEL & DEVELOPMENT DIRECTOR WINKLER EXCUSED At 4:19 p.m., Economic Development Agency Special Counsel Sabo, Executive Director Van Osdel, and Development Director Winkler left the closed session. COUNCIL MEMBER SCHNETZ RETURNED At 4:19 p,m., Council Member Schnetz returned to the closed session. ADJOURN CLOSED SESSION At 4:26 p.m., the closed session adjourned to the Council Chambers of City Hall. 33 9/7/99 RECONVENE MEETING At 4:26 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson, Absent: Council Members Estrada, Miller. Vacant: Fifth Ward. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14,120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF. (Discussed earlier in the meeting) (See pages 21 & 25) Url!encv (31) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS INVOLVING ENTERTAINMENT- DANCES AND ADULT ENTERTAINMENT. (Discussed earlier in the meeting) (See pages 21 & 25) First (32) Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 20, 1999, in the Council Chambers of City Hall. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting) (See pages 1, 8, 10, 22, 31) (1) At 4:29 p,m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: A, Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Citv of San Bernardino Municipal Water Department vs. Department of Defense - Case No. CV96-8867-MRPP; Haas vs. Countv of San Bernardino - 69 Cal. App. 4" 1019; Kathleen R. vs. Citv of Livermore - California Court of Appeals, 1" Appellate District, Division Four. 34 9/7/99 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 Code Section Employment). legal counsel - personnel - pursuant to Government 54957 (Public Employee Appointment/Public Position Titles: City Administrator (contract amendment) Fire Chief (contract amendment) E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agency Nel!otiator: Ed Raya, Director of Human Resources Employee Organizations: San Bernardino Police Officers Association San Bernardino Public Employees Association - General Employees 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. G. Conference with real property negotiator pursuant to Government Code Section 54956.8: Propertv Address: 303 West 3" Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Kevin Brunk Under Negotiations: Purchase terms and conditions CLOSED SESSION At 4:29 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 35 9/7/99 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members McGinnis, Schnetz, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Estrada, Miller. Vacant: Fifth Ward. Also present: Director of Finance Pachon and Director of Human Resources Raya. ADJOURN CLOSED SESSION/MEETING (46) At 4:56 p.m., the meeting was adjourned to 4:00 p.m., Thursday, September 16, 1999, in the Council Chambers of City Hall. 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 20, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~d~'~ Melanie Miller Senior Secretary By i~ 4/4-t Linda Hartzel Deputy City Clerk No. of Items: 46 No. of Hours: 7 36 9/7/99