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HomeMy WebLinkAbout04-20-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 20, 1998 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 8:01 a.m., Monday, April 20, 1998, 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 Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Lien. CLOSED SESSION ANNOUNCEMENT - meeting - pages 6 & 14) (Discussed later in the (1) City Attorney Penman announced that the following additional case would be discussed in closed session: Reverend Denise M. Brown and Francine M. Brown vs. Citv of Rialto, et al. - United States District Court Case No. ED CD 97-0034 RT (VAPx). RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 6 & 14) (1) At 8: 02 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): Barnev Salcedo vs. Citv of San Bernardino - United States District Court Case No. CV 97-4626 WDK (Rcx); Williams vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33078; Noble vs. Citv of San Bernardino Superior Court Case No. SCV 32238; San Bernardino 1 4/20/1998 Turner vs. Citv of San Bernardino Superior Court Case No. SCV 41005. San Bernardino 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 matter pursuant to Government Code Section 54957. position Titles Code Compliance Director (appointment & contract) City Administrator (contract amendment) Chief of Police (contract amendment) CLOSED SESSION At 8:02 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 Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Lien. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. 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 the regular and supplemental agendas 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 while the Mayor and Council and Community Development Commission were in closed session. DEVELOPMENT DIRECTOR WINKLER ARRIVED At 8: 05 a. m., Development Director Winkler arrived at the closed session. DEPUTY CITY ATTORNEY EASLAND ARRIVED At 8:07 a.m., Deputy City Attorney Easland arrived at the closed session. 2 4/20/1998 DEPUTY CITY ATTORNEY MURAD EXCUSED At 8:19 a.m., Deputy City Attorney Murad left the closed session. DEVELOPMENT DIRECTOR WINKLER EXCUSED At 8:20 a.m., Development Director Winkler left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:20 a.m., Council Member Estrada arrived at the closed session. DEVELOPMENT DIRECTOR WINKLER RETURNED At 8:22 a.m., Development Director Winkler returned to the closed session. ADJOURN CLOSED SESSION At 9:06 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 07 a. m., Mayor Valles reconvened the j oint 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, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Member Lien. INVOCATION The invocation was given by Reverend Ernest Dowdy. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENTS SAN BERNARDINO (SANBAG) BOARD OF DIRECTORS COUNCIL MEMBER SCHNETZ ASSOCIATED GOVERNMENTS ALTERNATE MEMBER (2A) Mayor Valles submitted a Staff Report dated April 7, 1998, requesting the appointment of Council Member Schnetz as an al ternate member of the San Bernardino Associated Governments (SANBAG) Board of Directors. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council designate Council Member Frank Schnetz as the alternate member to the San Bernardino Associated Governments Board of Directors and advise the San Bernardino Associated Governments of said designation. 3 4/20/1998 APPOINTMENTS - BOARD OF BUILDING COMMISSIONERS - CENTRAL CITY PARKING PLACE COMMISSION COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - COMMUNITY TELEVISION COMMISSION - FINE ARTS COMMISSION BOARD OF FIRE COMMISSIONERS HUMAN RELATIONS COMMISSION - BOARD OF LIBRARY TRUSTEES - MAIN STREET ADVISORY BOARD - MOBILE HOME RENT BOARD - PARKS AND RECREATION COMMISSION - BOARD OF POLICE COMMISSIONERS - SENIOR AFFAIRS COMMISSION - BOARD OF WATER COMMISSIONERS - MAYOR VALLES & COUNCIL MEMBER SCHNETZ (2B&C) Mayor Judith Valles submitted Staff Reports dated April 14 and 15, 1998, respectively, requesting appointments to the various boards, bureaus, committees and commissions, as recommended by herself and requested by Council Member Schnetz. Council Member Arias made a motion, seconded by Council Member Devlin, and unanimously carried, that the following appointments be approved: MAYOR VALLES Robert F. Rego (Appointment) - Board of Building Commissioners Jerry Rivera (Appointment/Alternate) Board of Building Commissioners James Robbins (Reappointment/Alternate) - Central City Parking place Commission Barbara Henley (Reappointment) - Community Development Citizens Advisory Committee Robert A. Senour (Reappointment) - Community Television Commission Maura Owens Townsend (Appointment) - Fine Arts Commission Willie Clark (Reappointment/Alternate) - Board of Fire Commissioners Maurice Angelo Henderson (Appointment) - Human Relations Commission Charles R. Seymour (Appointment/Alternate) - Human Relations Commission Jack L. Hill (Reappointment) - Board of Library Trustees Joann Roberts (Reappointment) - Main Street Advisory Board John E. Duckworth (Appointment) - Mobile Home Rent Board Victor W. Zupancich (Appointment/Alternate) - Parks and Recreation Commission Luis E. Lopez (Appointment) - Board of Police Commissioners Marilyn J. Gilbert (Reappointment) - Senior Affairs Commission George Sjostrand (Reappointment/Alternate) - Senior Affairs Commission Martin A. Matich (Appointment) - Board of Water Commissioners COUNCIL MEMBER SCHNETZ Rabbi Hillel Cohn - Human Relations Commissions 4 4/20/1998 PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 19-25, 1998 (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming April 19-25, 1998, as "National Library Week" within the City of San Bernardino. Ophelia Roop, Library Director, accepted the proclamation. PROCLAMATION - APRIL 20-24, 1998 - HOMELESSNESS AWARENESS WEEK (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming April 20-24, 1998, as "Homelessness Awareness Week" within the City of San Bernardino. Susan Wright and Major Fritz of the Salvation Army and Steve Petty of California State University, San Bernardino, accepted the proclamation. PROCLAMATION - APRIL 20-26, 1998 - NATIONAL ARCHITECTURE WEEK (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming April 20 -26, 1998, as "National Architecture Week" within the City of San Bernardino. John Melcher accepted the proclamation. PROCLAMATION - APRIL 25, 1998 - ARBOR DAY (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming April 25, 1998, as "Arbor Day" within the City of San Bernardino. Barbara Sky accepted the proclamation. PROCLAMATION - MAY 1, 1998 - LAW DAY (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming May 1, 1998, as "Law Day" within the City of San Bernardino. Bart Brizzee proclamation. and Penny Alexander-Kelley accepted the SERVICE PIN AWARDS (3) Teri Rubi, Executive the following employees recognition of their many Assistant to the Mayor, read the names of who received a service pin award in years of dedicated service to the city: 5 4/20/1998 Name Edward Burdick, Jr. Richard McGreevy Annie Ramos Michael Blechinger Kenneth Brander William Clay Mark Emoto Brone McGee James Howell Douglas Schuessler Nancy Gonzalez Department Fire Fire Parks, Recreation & Community Services Police Police Police Police Police Public Services Public Services San Bernardino Employment & Training Agency Years of Service 25-year pin 10-year pin 30-year pin IS-year pin IS-year pin 20-year pin IS-year pin 10-year pin 5-year pin 10-year pin 5-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias stated that she had the privilege of attending the inauguration ceremony for the new President of San Bernardino Valley College, Doctor Caballero. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor a seminar meeting. Valles explained that Council Member Lien was attending and therefore would not be able to attend today's Mayor Valles gave an update on the Neighborhood Initiative Program and stated that a report would be given at the Mayor and Council meeting of May 4, 1998. CLOSED SESSION ANNOUNCEMENTS (Discussed earlier and later in the meeting - pages 1 & 14) (1) City Attorney Penman announced that the following actions were taken in closed session: In the matter of Reverend Denise M. Brown and Francine M. Brown vs. Citv of Rialto, et al. - United States District Court Case No. EDCD 97-0034 RT (VAPx), Federal Judge Robert J. Timmer granted the motion to dismiss the case with prejudice. The Mayor and Council approved the granting of a three-year employment contract to Glenn Baude as the Code Compliance Director to be effective May 11, 1998. The motion carried by the following vote: Ayes: Council Members Arias, Schnetz, Devlin, Anderson, Miller. Abstained: 6 4/20/1998 Council Member Estrada. Absent: Council Member Lien. The Mayor and Council unanimously approved an amendment to the employment contract with Police Chief Dean. The Mayor and Council unanimously approved a two-year extension of the employment contract with City Administrator Fred Wilson, effective July 1, 1998. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Rachel Clark presented a brochure entitled, "How to Establish a Business in the City of San Bernardino" and commended the following individuals within her staff: Lee Gagnon, Business Registration Supervisor; Cindy Buechter, Business Registration Coordinator; and Jane Sneddon, Account Clerk III. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles stated that she would be convening the Mayor's Advisory Council. PUBLIC COMMENTS - BRIAN PLANT (S) Brian Plant, 498 W. Court Street, San Bernardino, CA, expressed concern regarding the legislative process. PUBLIC COMMENTS - JAMES ROE (S) James Roe, 325 W. 6th Street, San Bernardino, CA, expressed concern regarding the property located at 689 North "F" Street. PUBLIC COMMENTS - JOHN GLOTULOWSKI (S) John Glotulowski, 672 North "F" Street, San Bernardino, CA, requested the Mayor and Council's assistance in the eradication of the public nuisances which exist at the property between 6th and 7th Streets. He further explained that he had been robbed in the vicinity and now has limited hearing capacity. PUBLIC COMMENTS - ROBERT NEVES (S) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, commended the Mayor and Council for their openness and adherence to the Ralph M. Brown Act concerning public meetings and requested that the Mayor and Council establish a policy to install curb cuts upon the commencement of any street improvements. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the 7 4/20/1998 resolutions and ordinances on the regular agenda of the Mayor and Common Council be waived. CLAIMS & PAYROLL (7) Council Member Devlin 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 April 14, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated April 9, 1998, 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-1019 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE REDUCING THE AMOUNT OF SERVICE USERS TAX TO EIGHT PERCENT. Final (10) ORD. MC-1020 - AN ORDINANCE OF THE AMENDING CHAPTERS 19.02 AND 19.08 MUNICIPAL CODE (DEVELOPMENT CODE) SERVICES CENTERS. Final CITY OF SAN BERNARDINO OF THE SAN BERNARDINO REGARDING CHILDREN'S (12) RES. 98-95 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH PAVILION PARTNERS, INC., DBA: GLEN HELEN BLOCKBUSTER PAVILION. (13) RES. 98-96 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN RACEWAY PARK. (14) Council Member Devlin made a motion, seconded by Council Member Anderson, that said ordinances and resolutions be adopted. Ordinance Nos. MC-I019 and MC-I020 and Resolution Nos. 98-95 and 98-96 were adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. SET PUBLIC HEARING - MAY 4, 1998 ENFORCEMENT BLOCK GRANT PROGRAM - - FISCAL YEAR 1997/98 @ 10:00 A.M. - LOCAL LAW RATIFY EXPENDITURE PLAN (16) 8 4/20/1998 Lee Dean, Chief of Police, submitted a Staff Report dated April 2, 1998, concerning a public hearing to be set to discuss the fiscal year 1997/98 Local Law Enforcement Block Grant Program. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m. on Monday, 4, 1998, to ratify the expenditures plan of the awarded Local Law Enforcement Block Grant funds. CITY ATTORNEY PENMAN EXCUSED At 9:58 a.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. RES. 98-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed) (9) Council thanked staff for providing the information on wards and addresses. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-97 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. RES. 98-98 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (11) A discussion ensued regarding the costs associated with the 1959 Survivor Benefit. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-98 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. RES. 98-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STATER BROS. MARKETS, INC., FOR THE LEASE OF GROUND SPACE FOR THE AREA "B" COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 89-155, SECTION 2. (15) 9 4/20/1998 A discussion was held concerning the required tenant improvements. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:04 a.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. Council Member Arias made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-99 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. APPROVE PLAN NO. 9776 - REROOF FIRE STATION NOS. 9 & 11 - AUTHORIZE ADVERTISEMENT FOR BIDS (17) Michael E. Hays, Acting Director of Engineer, submitted a Staff Report dated March the reroofing of Fire Station Nos. 9 and 11. Public Works/City 30, 1998, concerning Council inquired about the delay between the allocation of funds and the actual commencement of the project. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for reroof of Fire Station Nos. 9 and 11 be approved; and that the Acting Director of Public Works/City Engineer be authorized to advertise for bids per Plan No. 9776. APPROVE PLAN NO. 9647 TIPPECANOE AVENUE & CENTRAL AUTHORIZE ADVERTISEMENT FOR INSTALL TRAFFIC SIGNALS AVENUE/PALM MEADOWS DRIVE - BIDS (18) Michael Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 1, 1998, concerning the installation of traffic signals at Tippecanoe Avenue and Central Avenue/Palm Meadows Drive. Bob inquired signals. Neves, 2348 Sterling Avenue #439, San Bernardino, CA, if the proj ect included the installation of audible Director Hays stated that if it's appropriate, an audible signal would be included. A discussion ensued regarding the city's policy for the installation of audible signals. Council Member Devlin made a Member Anderson, and unanimously construction of traffic signals at motion, seconded by Council carried, that the plans for Tippecanoe Avenue and Central 10 4/20/1998 Avenue/Palm Meadows Drive be approved in accordance with Plan No. 9647, that the Acting Director of Public Works/City Engineer be authorized to advertise for bids; and that the authorized amount in Account No. 126-369-5504-7100 be increased by $50,000 with revenues increased by a matching amount from the Inland Valley Development Agency reimbursement. APPROVE PLAN NO. 9793 - INSTALL HANDICAP RAMPS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (19) Michael Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 6, 1998, concerning the installation of handicap ramps at various locations throughout the city. Director Hays provided a brief synopsis of the Americans with Disabilities Act transition plan which provides for the installation of curb ramps. Bob Neves, 2348 Sterling Avenue supported the proj ect and requested completed in accordance to the code. #439, that San Bernardino, CA, the installation be Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the plans for construction of handicap ramps at various locations in accordance with Plan No. 9793; and that the Acting Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE REORGANIZATION POLICE DEPARTMENT DISPATCHER II JOB DESCRIPTION - ADOPT RECOMMENDED RANGES - APPROVE FUNDING AMEND SALARY (20) Edward Raya, Acting Director of Personnel, submitted a Staff Report dated April 10, 1998, concerning an amendment to the Dispatcher II job description. Police Chief Dean answered questions regarding the proposed changes. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Dispatcher II job description be amended to incorporate the training responsibilities as part of the representative duties; that the recommended salary ranges be adopted; and that funding for one position of Police Captain for fiscal year 1998/99 be utilized to fund the cost of the dispatcher reorganization and that the carryover funds from the Local Law Enforcement Supplemental Funding Act (AB 3229) be utilized to cover the balance of the costs of the reorganization. 11 4/20/1998 RECESS MEETING At 10:22 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 10:31 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, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Member Lien. PUBLIC HEARING - PLACEMENT OF LIENS - PARCELS OF REAL PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (21) Rachel Clark, City Clerk, submitted a Staff Report dated April 1, 1998, concerning the placement of liens for uncollected business registration fees. Mayor Valles opened the hearing. No public comments were received. RES. 98-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (21) Council Member Devlin made a motion, seconded by Council Member Estrada, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 98-100 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. APPROVE - ROTATING 9/80 WORK SCHEDULE - CITY HALL (22) Fred Wilson, City Administrator, submitted a Staff Report dated April 10, 1998, concerning the rotating 9/80 work schedule. City Administrator Wilson explained that in order to further meet the needs of the residents within the city, a rotating 9/80 work schedule is being implemented and will be effective on May 4, 1998. 12 4/20/1998 Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council adopt the rotating 9/80 work schedule for the city, effective May 4, 1998. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.90.110(A) AND 8.90.110(H) (2) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE MOBILE HOME RENT BOARD. First (23) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. POLICY - USE OF FIREWORKS - DISCUSS & TAKE ACTION (24) James April 15, fireworks. Penman, City Attorney, 1998, concerning the submitted a Staff Report dated city's policy for the use of City Attorney Penman explained that because a new council exists, staff is requesting that the matter be referred to the Legislative Review Committee so that further instruction could be given. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be referred to the Legislative Review Committee. Council Member Anderson removed her second to allow the public to speak, and the motion failed for lack of a second. Virginia Lamb, Del Rosa Federation of Women, stated that non- profit organizations rely on the sale of fireworks as a source of revenue. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be referred to the Legislative Review Committee. APPROVE PROJECT - ENERGY EFFICIENCY PROJECT FOR MULTIPLE BUILDINGS - AUTHORIZE ADVERTISEMENT FOR BIDS (25) James Sharer, Facilities Manager, submitted a Staff Report dated April 6, 1998, concerning an energy efficiency project for multiple city buildings. Facilities Manager Sharer gave a brief synopsis of the proposed project and answered questions relative to such. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Council 13 4/20/1998 approve the energy efficiency project for multiple buildings and authorize the Purchasing Manager to prepare a request for proposal and advertise the project. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - pages 1 & 6) (1) At 10:50 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): Barnev Salcedo vs. Citv of San Bernardino - United States District Court Case No. CV 97-4626 WDK (Rex); williams vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 33078; Noble vs. Citv of San Bernardino Superior Court Case No. SCV 32238; San Bernardino Turner vs. Ci tv of San Bernardino Superior Court Case No. SCV 41005; San Bernardino Reverend Denise M. Brown and Francine M. Brown vs. Citv of Rialto, et al. - United States District Court Case No. EDCD 97-0034 RT (VAPx). 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 matter pursuant to Government Code Section 54957. position Titles Code Compliance Director (appointment & contract) City Administrator (contract amendment) Chief of Police (contract amendment) CLOSED SESSION At 10:50 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 14 4/20/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Member Lien. ADJOURN CLOSED SESSION At 11:00 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11:00 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 Estrada, Arias, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Planning and Building Services Director Hays. Absent: Council Member Lien. DETERMINE PUBLIC CONVENIENCE OR NECESSITY LIQUOR LICENSE - EL TIGRE MARKET @ 1184 WEST 2ND (Continued from April 6, 1998) TYPE-21 STREET - (26) Council expressed concern regarding the upkeep of the general area and requested that the area be monitored. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Planning and Building Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type-21 Liquor License for the El Tigre Market located at 1184 West 2nd Street. RECESS MEETING At 11: 04 a. m., the j oint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 11:45 a.m. for a luncheon workshop in the Public Services Conference Room A, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the status of the fire apparatus. RECONVENE MEETING At 12:00 p.m., the Mayor and Common Council and Community Development Commission reconvened in the Public Services Conference Room A, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the status of the fire apparatus. 15 4/20/1998 ROLL CALL Roll was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Clark; City Administrator wilson. Absent: Council Member Lien. LUNCHEON WORKSHOP - FIRE APPARATUS - FIRE DEPARTMENT (27) Larry 20, 1998, apparatus. Pitzer, Fire Chief, submitted a Staff Report dated April concerning the status of the department's fire Chief Pitzer presented an overview of the fire apparatus replacement needs, recommended a replacement program as well as the funding and answered questions relative to such. It was the consensus of the Mayor and Council that the replacement program be approved and that funds be dedicated for the fire apparatus. RECESS LUNCHEON WORKSHOP/MEETING At 1:02 p.m., the luncheon workshop recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 01 p. m., Mayor Valles reconvened the j oint 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, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Development Director Winkler. Absent: Council Members Lien, Arias. 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 2:01 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. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter 16 4/20/1998 "R" and are reflected herein. Minutes Community Development Commission items are by the Economic Development Agency. of actions taken on distributed separately WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas 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, be waived. 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 this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items only. acting as the on Community ADJOURN MEETING (28) At 3:25 p.m., the joint regular meeting adjourned. The next regular meeting will be held on Monday, May 4, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By<~/~ zanna Cordova eputy Clty Clerk No. of Items: 29 No. of Hours: 6.5 17 4/20/1998