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HomeMy WebLinkAbout07-15-2002 Minutes MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 15, 2002 COUNCIL CHAMBERS This is the time and place set for a joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. Pursuant to Resolution No. 2002-65, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays in the months of May, June, and July, 2002, and shall continue each Mayor and Common Council meeting to I :30 p.m. that same day. 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/Chairman Valles at 1:45 p.m., Monday, July 15, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Sections: A. Conference with legal counsel - extstmg litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation, Case No. RS 02-18493MG; I 7/1512002 City of San Bernardino v. CYSA - South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 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. Closed Session - personnel - pursuant to Government Code Section 54957: Position Titles City Administrator (contract amendment) Code Compliance Director (contract amendment) Fire Chief (contract amendment) Executive Director, EDA (contact amendmentO E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities --- pursuant to Government Code Section 54957. F. Conference with labor negotiator --- pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional case would be discussed under lA, Existing litigation pursuant to Government Code Section 54956.9(a): Daniel Cravens v. City of San Bernardino, City of Highland and Does 1-20 - San Bernardino Superior Court Case No. SCVSS 076715. City Attorney Penman announced that the following case had been discussed under I G, Conference with real property negotiator pursuant to Government Code Section 54956.8: 2 7115/2002 Property Address: HUB Properties Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency; and developer SBT Partners, LLC (Art Pearlman) Under Negotiation: Acquisition and disposition of all properties covered by the HUB Disposition Development Agreement Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Woody Hall of Lutheran Church of our Savior, followed by the pledge of allegiance, led by Council Member/Commissioner Suarez. 2. Appointments There were no Commission appointments. 3. Presentations A proclamation designating July 15-19 as Senior Nutrition Week and celebrating the 25'h Anniversary of the Senior Nutrition Program was presented to Lemuel Randolph, Director of Parks, Recreation and Community Services. A presentation was made to each member of the Post 777/Newmark Little League, girls all-star softball team, who recently won the District 43 Championships. The girls were accompanied by Bryan Estrada, Manager, and Coach Bob McLaughlin. Judi Penman, Executive Vice President of the San Bernardino Chamber of Commerce, joined Mayor Valles in recognizing the 30/40 and Wildwood Neighborhood Associations for their float entry, which won first place in this year's 4th of July Parade. They were joined by neighborhood association members Bud Melvin and Rob Fisher. Wallace Green, Assistant to the Mayor, read the names of the individuals who were presented a service pin award by Mayor recognition of their many years of dedicated service to the City: following Valles in 3 7/15/2002 Name Robert Houts Donald Jackson Leonard Munz Eleanor Dennis Michael Smith Department Code Compliance Development Services Development Services Fire Fire Years of Service 5 30 15 15 25 4. Announcements Announcements were made by the Mayor, Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and Chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 3, 2002; and June 5,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated July 9, 2002, from Barbara Pachon, Director of Finance, be approved. 4 7/15/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated July 8, 2002, 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. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. RES. 2002-226 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City Services for Fiscal Year 2002/2003. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-226 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1127 - An Ordinance of the City of San Bernardino repealing Chapter 3.54 of the San Bernardino Municipal Code and adding Chapter 3.55 to the San Bernardino Municipal Code relating to Transient Lodging Tax. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1127 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. II. RES. 2002-227 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino to represent the City and designated City Departments, in all proceedings in regard to, or arising out of, a specified disciplinary action. 5 7/15/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-227 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2002-235 - Resolution of the City of Resolution No. 96-188 by adding Dine registration fees. San Bernardino amending and Dance/Entertainment Council Member/Commissioner McGinnis asked what the term "live entertainment" encompassed and whether it included karaoke. City Attorney Penman stated that "live entertainment" included any live performance, but clarified that karaoke is not covered by the entertainment license; in fact, if an establishment has only karaoke, they do not need to apply for a license. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-235 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2002-228 - Resolution of the Mayor and Common Council of the City of San Bernardino directing the City Clerk to continue the commencement of each Mayor and Common Council meeting for the months of August through December, 2002, from 8:00 a.m. to 1:30 p.m., with the Community Development Commission meeting to follow thereafter. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-228 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. ORD. MC-1l28 - An Ordinance of the City of San Bernardino amending Section 19.02.050 (Definitions) and Section V, Index, of the San Bernardino Municipal Code (Development Code) to delete the term "transient basis". FINAL READING 6 7 /15/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1l28 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2002-229 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding contract to Dalaj International Corp. for bridge seismic retrofit at four locations and replacement of rail barrier at Rialto Avenue, per Plan No. 10309. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Director of Finance be authorized to establish Account No. 242-362-5504-1748 in the amount of $223,200 and Account No. 129-367-5504-1748 in the amount of $28,900 from Measure I funding in the FY 2002/03 budget and also increase the corresponding revenue Account No. 242-000-4658 (Federal reimbursement) by $223,200 to reflect the Federal reimbursement to be received for Rialto Avenue at Burlington Northern Santa Fe Railroad Crossing (replace rail barrier). The motion carried and Resolution No. 2002-229 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. RES. 2002-236 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to International Pavement Solutions, Inc. for construction of ADA access ramps, and sidewalks at various locations, per Plan No. 10436. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-236 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2002-230 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of 10'h Street from Montgomery Street, West to "J" Street. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 7 7/15/2002 Resolution No. 2002-230 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. RES. 2002-231 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Ohio Avenue and Walnut Avenue area without compliance with the Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1028; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-231 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. RES. 2002-237 - Resolution of the City of San Bernardino authorizing the execution of a cooperative agreement between the City of San Bernardino and the City of Colton for a traffic signal at Hunts Lane and Cooley Lane. Council Member/Commissioner McGinnis stated he would abstain on this item since the signal was adjacent to his homeowners association. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-237 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner McGinnis. Absent: None. 20. RES. 2002-232 - Resolution of the City of San Bernardino ordering the summary vacation of an easement for the future extension of Indian Canyon Court located across Lot 8, Tract 13470, in the City of San Bernardino. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that Plan No. 10499, depicting the proposed summary vacation of the future extension of Indian Canyon Court, be approved; and that said resolution be adopted. 8 7/15/2002 The motion carried and Resolution No. 2002-232 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. Proceed with proposed vacation - portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad - approve Plan No. 10421 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad, and that Plan No. 10421, depicting the proposed vacation, be approved; and that the Director of Development Services be authorized to prepare a lease agreement to be executed contingent upon completion of the vacation. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2002-238 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Freewa)' Agreement with the State of California, Department of Transportation (Caltrans) for the State Route 215 Freeway. Council Member/Commissioner McCammack stated she would abstain on this item since she owns property along the 215 Freeway. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-238 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 23. Proceed with proposed vacation - portions of Rosewood Drive, between Orchard Drive & Tippecanoe Avenue, and Orchard Drive, south of Rosewood Drive - approve Plan No. 10503 9 7/15/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Director of Development Services be authorized to proceed with the proposed vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue, and Orchard Drive, south of Rosewood Drive; and that Plan No. 10503 depicting the proposed vacation be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. RES. 2002-239 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase in the purchase order to W. Wood and Associates for field restoration at the San Bernardino Soccer Complex. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to carryover $110,000 from Development Services for FY 2001/02 budget in Account No. 001-183-5504 to Parks FY 2002/03 budget in Account No. 001-382-5506. The motion carried and Resolution No. 2002-239 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarmnack. Nays: None. Absent: None. 25. RES. 2002-233 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet for the purchase of two (2) 2003 15-passenger Express Vans to be utilized by the Public Services Street Division. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-233 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2002-234 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase of purchase order to E-W Truck and Equipment Co. for the furnishing and delivery of one (1) 2003 Volvo VHD64F 3 axle dump truck chassis to be utilized by the Public Services Street Division. 10 7/15/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-234 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. Public hearing - resolution imposing liens on real property located in the City of San Bernardino for uncollected business registration fees RES. 2002-240 - 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. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; that the City Clerk be directed to administratively remove any properties which have been paid; and that said resolution be adopted. The motion carried and Resolution No. 2002-240 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 28. Public hearing - resolution amending Resolution No. 1999-173 to increase administrative fees for business registration liens RES. 2002-241 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 1999-173 relating to administrative fees for business registration liens. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2002-241 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 7/15/2002 29. Appeal hearing - Bureau of Franchise - Petition for Franchise Permit for AAA Inland Empire Cab Submitted into the record was a memorandum dated July 12, 2002, from Cindy Buechter, Business Registration Supervisor, to the Mayor and Common Council regarding the Appeal - AAA Inland Empire Cab Company. Ms. Buechter advised that Bell/Yellow Cab had requested a continuance due to the unavailability of their representative, 1\1r. Schaffer, who could not be present today; however, AAA Inland Empire Cab expressed opposition to this request and had asked that the matter be considered today as scheduled. Attorney Mark Edwards of Mirau, Edwards, Cannon, Harter & Lewin, representing AAA Inland Empire Cab, slated that they objected to the continuance because the matter was delayed once at the request of Bell/Yellow Cab before the Bureau of Franchises. He stated that their position is that the City of San Bernardino continues to be under-served for taxicabs, and they would like to address that as soon as possible; however, if the Council decided to continue the matter, they would return and speak to the issue at the next Council meeting. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of August 5,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Resolutions submitting a ballot measure relative to the transient lodging tax and calling a Special Municipal Election RES. 2002-242 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a ballot measure relating to the City's transient lodging tax; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (30A) RES. 2002-243 - Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed new transient lodging tax and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 5, 2002 Statewide General Election conducted by the County of San Bernardino. (30B) 12 7115/2002 Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions be adopted. Resolution Nos. 2002-242 and 2002-243 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 31. Resolutions proposing an amendment to the Charter relating to the salary of the Mayor and calling a Special Municipal Election RES. 2002-244 - Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to the salary of the Mayor. (31A) RES. 2002-245 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to the salary of the Mayor; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (3IB) RES. 2002-246 - Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to the salary of the Mayor and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 5, 2002 Statewide General Election conducted by the County of San Bernardino. (31C) City Attorney Penman stated that he had used a formula previously proposed by one of the Charter Review Committees that the Mayor's salary be established at 50 percent of a Superior Court Judge's salary, which would equate to $69,738 per year. Mr. Penman distributed the results of a July 2001 survey which polled 500 likely voters. The results showed that 14 percent would not support any raise, 25 percent would approve $50,000-69,0000; 25 percent would approve $70,000-80,000; 19 percent would approve $90,000-110,000; and 6 percent would approve a salary of more than $110,000. Mr. Penman suggested that in order to address not only a salary adjustment, but salary increases as well, that the Council put this item on the ballot as proposed (setting the Mayor's salary at 50 percent of a Superior Judge's salary) to go into effect January I, 2003. If approved by the voters, then introduce another Charter amendment which would increase the Mayor's salary 5 percent every 13 7/1512002 two years for a period of 12 years until it reaches 80 percent of a Superior Court Judge's salary. He pointed out that tying the Mayor's salary to a percentage of what is earned by a Superior Court Judge removes the "local politics" from the process because a judge's salary is set by the State Legislature. Council Member/Commissioner McCammack voiced support for Mr. Penman's proposal. Council Member/Commissioner Lien stated that she has always favored linking salaries to some other index that deals with salary increases. She added that she would be more inclined to having one item on the ballot that deals with both the starting salary and the increase proposal as well. She stated that it could be accomplished by placing the two items on the ballot separately, but she felt they needed to be done together. Council Members/Commissioners McGinnis and Suarez expressed support for placing both the salary increase and regular raises before the voters at one time. Discussion ensued regarding the pros and cons of both proposals. Council Member/Commissioner Derry suggested that the Council support the proposed Charter amendment and address the matter of periodic increases at a separate meeting, stating that he felt the two items should be handled separately. Council Member/Commissioner Estrada pointed out that if the issue is not only about paying the current Mayor what she deserves, but also about attracting qualified candidates for Mayor, that $69,000 might not be enough to do that. She wondered if it would be possible to place a choice of two options on the ballot, and the voters could pick the one they preferred. City Attorney Penman advised that two alternatives could be put on the ballot, and the alternative receiving the most votes would win. He pointed out, however, that the three bottom bars of the salary survey graph equated to exactly 50 percent (individuals who would support anywhere from $70,000 to more than $110,000); however, polls have a margin of 3 percent error, and it would only take one vote to drop it where it wouldn't pass. He expressed concern that if the City attempts to bite off too much, it will end up with nothing. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, expressed support of an increase in the Mayor's salary and urged voters to vote "yes" when the time comes. He stated that he would like to see two items or alternatives on the ballot -one for $69,000 and the other for $100,000 and let the voters decide. 14 7/15/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions A-C be adopted. Resolution Nos. 2002-244, 2002-245, and 2002-246 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 32. Resolutions proposing an amendment to the Charter relating to the salary of the Council Members and calling a Special Municipal Election RES. 2002-247 - Resolution of the City of San Bernardino proposing an amendment to the Charter of said City of San Bernardino relating to the salary of Council Members. (32A) RES. 2002-248 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to the salary of Council Members; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (32B) RES. 2002-249 - Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to the salary of the Council Members and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 5, 2002 Statewide General Election conducted by the County of San Bernardino. (32C) City Attorney Penman provided an overview of the staff report, stating that the proposed resolutions regarding the annual salary of Council members were structured in a similar fashion and with rationale consistent to that used for the Mayor's salary. In the case of the Council members, it seemed appropriate to use a four-to-one (4-1) ratio of Mayor's salary to Council members salary, which equates to an annual salary of $17,434.50, or $1,452.87 per month. He advised that if approved by the voters, the salary adjustment would become effective January I, 2003. Thereafter, on January I of each successive year, the annual salary of each Council member would be adjusted and implemented at 12 1/2 percent of the annual salary of a Superior Court Judge for the County of San Bernardino then in effect on said January I date. The Council members wanted the public to understand that they were not voting today for a salary increase for themselves, but were voting to place the matter before the voters for them to decide. 15 7115/2002 Paul Sanborn, 3559 Genevieve, San Bernardino, CA, expressed support of an increase in the Council members' salary, stating that they put in a lot of hours and are currently paid only $50 per month. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A-C be adopted. Resolution Nos. 2002-247, 2002-248, and 2002-249 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33. RES. 2002-250 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2002/2003 to 2006/2007 Capital Improvement Program. Council Member/Commissioner Lien asked staff to include in the CIP the dates the projects are first brought forward in order to see the progress being made on each project. Council Member/Commissioner McCammack stated that she could see that some of the issues discussed during the budget hearings regarding the Pavement Management Plan were included in the CIP; however, she noticed that several other streets had been removed from the original CIP document provided to the Council. Ms. McCammack expressed concern that some of the streets included as priorities in the original CIP draft would be dropped or take a backseat, since they were not listed in the finalized CIP, and she did not want to see this happen. She stated that it was her assumption that these items had been included in the CIP under the "Various Locations" category and that the Council would be voting on these items individually and separately as they come up, and this was confirmed by Ray Casey, City Engineer. City Attorney Penman cautioned the Council members about voting on items contained in the CIP where they might have a conflict of interest. He stated that each Council member should have gone through the listed projects to make sure that none of the projects are within 500 feet of property they own. He identified several items in the Plan which might constitute a conflict for one or more of the Council members. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 16 7/15/2002 Resolution No. 2002-250 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. (Note: Council Members Estrada, Suarez, and Anderson abstained on Item No. 39 and Council Member/Commissioner McCammack on Item No. 131 in the Streets and Street Lighting category.) 34. RES. 2002-251 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the submittal and $30,000 local match requirement for a grant application for the Environmental Justice: Context- Sensitive Planning for Communities Program. (See Related Item No. 35) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-251 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 35. Resolution of the Mayor and Common Council of the City of San Bernardino approving the submittal and combined $60,500 local match requirement of two grant applications for the Environmental Justice: Context-Sensitive Planning for Communities Program. (Continued from July I, 2002) (See related Item No. 34 for New Staff Report and Resolution title.) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 36. Authorization to proceed - proposed annexation of three County islands located generally east of Central Avenue, north of Atlantic Avenue (Continued from June 17, 2002) City Attorney Penman stated that his wife owns a house in one of these County islands; therefore, he was abstaining on this item and had asked Special Counsel Sabo to advise the Council. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of August 5, 2002. 17 7/15/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Recess Meeting At 5:10 p.m., Mayor Valles recessed the meeting to 7 p.m. in the Council Chambers of City Hall. 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 7:18 p.m., Mayor/Chairman 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. Following roll call, the Mayor and Council considered those items remaining on the City agenda, followed by the Planning and Community Development Commission items. Roll Call Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. (Note: Senior Assistant City Attorney Carlyle and Special Counsel Sabo provided legal counsel for Community Development Commission agenda item Nos. R38 through R42.) 37. Appeal - Planning Commission denial of Conditional Use Permit No. 02-01 - establishment of an indoor retail concession mall and pre-owned car sales lot - southwest corner of "E" Street & South Mall Way Mayor/Chairman Valles opened the hearing. Submitted into the record was a memorandum dated July 15, 2002, from Valerie Ross, City Planner, to the Mayor and Common Council regarding Revised Conditions of Approval. City Planner Ross reviewed highlights of the staff report with the Council, including several very specific Conditions of Approval being required by staff. She stated that the Planning Commission had discussed the proposal at length at their meetings of June 4 and June 18, ultimately denying the application due to their concern regarding the establishment of a discount mall at this location. She stated that staff shares these concerns, particularly in light of their dealings with other such establishments and their disregard for City requirements relative to outside displays, storage, and signage. 18 7/15/2002 Ms. Ross advised that James Funk, Director of Development Services, had met with Mr. Jara, the applicant, and had suggested certain provisions that would help the aesthetics of the project, the perception of the project, and in particular the functionality of the indoor retail concession mall. She noted that in the revised Conditions of Approval staff clarified that the use of temporary signage is applicable to the center only and not to the individual tenants. She advised that staff has recommended deed restrictions for both uses (the discount mall and the pre-owned car sales) that include all of the Conditions of Approval and Standard Requirements, and have included language that the applicant shall include the applicable provisions in the individual lease agreements with his tenants. Council Member/Commissioner McGinnis expressed his absolute and unequivocal support and admiration of Mr. Jara and the work he has done in the city. He stated that he had reviewed Mr. Jara's plans and visited his corporate headquarters, and that his investment in the community is unequaled. Mr. McGinnis stated that he had spoken with several of the surrounding merchants including Mr. Parmar, General Manager of the Inland Center Mall, and Glenn Moss, owner of Moss Motors, and they have all expressed their support of Mr. Jara's project. Council Members/Commissioners Suarez and Anderson also expressed their support of Mr. J ara and his business ventures in the city of San Bernardino. It was noted that he has an exemplary business record, always meeting, and often exceeding, City requirements. They expressed confidence that this would be a first -class venue and a benefit to the city of San Bernardino. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; that the Mayor and Common Council grant the appeal based on the Findings of Fact (Exhibit 2), subject to the Conditions of Approval (Exhibit 6) and Standard Requirements (Exhibit 2). (Note: The vote was taken following extended discussion.) Council Member/Commissioner McCammack pointed out that when the Planning Commission originally denied Mr. Jara's request they were acting on the information they had at hand and were taking into account the proliferation of 99-cent stores throughout the city. She added that the Planning Commission and staff had asked Mr. Jara to "step up to the plate," and he has done this, with plans to turn an area, which currently does not look very nice, into a wonderful looking project. 19 7/15/2002 Ms. McCammack inquired whether Mr. Jara had ever been in the used car business and he replied in the affirmative. She stated that she would like to see #39 of the Conditions of Approval changed because she thought it would be very difficult to find cars in California that are 7 years old or less with less than 100,000 miles. Mr. Jara stated that he had agreed to this condition and would abide by it. City Attorney Penman pointed out that although he had no doubt that any business operated or supervised by Mr. Jara would be well run, his feelings regarding Mr. Jara are irrelevant. He stated that it was apparent from the comments being made that the decision was being based on the individual, his personality, and his past track record. He reminded the Council that they were not being asked to award something to an individual, but to approve a Conditional Use Permit (CUP), which has to do with a site; and if Mr. Jara sold the property tomorrow, the use would continue. He cautioned the Council about making a decision which would open up South E Street to the kind of businesses (99-cent stores and discount malls) which are proliferate on Baseline Street and Highland Avenue. Council Member/Commissioner Estrada inquired whether it would be possible to include in the Conditions of Approval that if Mr. Jara should decide to close his business that the CUP would be rescinded; and City Planner Ross answered in the negative. She reiterated, however, that staff had placed two conditions on Mr. Jara-first, that he would file a deed restriction that lists all of the Conditions of Approval. Then, any subsequent buyer would be fully aware of those conditions from the very beginning. Secondly, that the applicable provisions be included in the individual lease agreements. This would also be recorded on the deed, if he chose to sell the property. Council Member/Commissioner McGinnis noted that the subject property is already zoned retail, and he asked Ms. Ross whether someone could put any retail business in there that they want, without asking for the City's approval. Ms. Ross confirmed that this was true. She stated that if Mr. Jara had come to the counter and asked to make the whole building a one-tenant 99-cent store, thrift store, or second-hand store, that it would have been an over-the-counter zoning verification that would have been approved because it is permitted by the Development Code. She added that the used car lot would require a conditional use permit, but theoretically, he could put in two second-hand stores. Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath to the following individuals, who spoke in support of Mr. Jara and the manner in which he conducts his business, that they would provide true and honest testimony: 20 7/15/2002 Jorge Avalos, 2665 Tungsten Court #3, San Bernardino, CA; Darrin Land, 2765 W. Washington Street, San Bernardino, CA; Frank Reyes, 11900 Honey Hills Drive, Grand Terrace, CA; Jacob Orona, 795 S. Lugo, San Bernardino, CA; Jose Olmos, 2439 W. Spruce, San Bernardino, CA; Linda Jara, 37558 County Line Road, Yucaipa, CA; Eloise Gomez Reyes, 290 North D Street #805, San Bernardino, CA; Juan Polido, Jr., 9801 Almaria Avenue, Fontana, CA; Mark Katilo, 408 S. Sierra Way, San Bernardino, CA; and Joe Ramos, 2075 N. First Avenue, Upland, CA, architect on the project, expressed his respect and understanding of the actions taken by the Planning Commission and the comments made by City Attorney Penman. He spoke regarding the stigmas that are sometimes connected to a project, stating that there was never a sign for a 99-cent store outside-that it was for one of the units within the mall. He reviewed the work involved and the steps taken by Mr. Jara and himself to ensure a quality establishment; and pointed out that they have agreed with every condition requested by staff. Council Member/Commissioner Lien stated she respected the Planning Commission's courage for taking a tough stand, because what they were really responding to is a city-wide concern over the city's image. At the same time, she would hate to see denial of what appears to be quality reuse, with a high level of capital improvements, that has been tailored to look more like a small strip mall than an indoor swap meet. She stated that she does not believe that South E Street is going downhill, and she has to look at this project individually for what it is. She added that two and one-half years ago she could not get the issue of doing something to limit the proliferation of thrift stores out of the Legislative Review Committee; however, they will be looking at it again to see what can be done about an over intensification of these particular kinds of stores. Council Member/Commissioner McCammack questioned Mr. Jara about the projected sales tax and his ability to ensure that the individual businesses within the mall obtain their business registration certificates, obtain their seller's permits, file with the State Board of Equalization, pay their applicable sales tax; and maintain records of their individual register receipts. She questioned how he was going to monitor that the indoor mall tenants are doing what needs to be done in order for the City to realize the projected sales tax revenue. Mr. Jara stated he did not know how much of that was his responsibility-that he would provide all the communication cables and all the infrastructure that his tenants need to have a phone system and to accept major credit cards. He stated that he thought it was the responsibility of the State to oversee and monitor sales 21 7/15/2002 tax. However, he would provide everything that the tenants need and will be asking each one to have a cash register. He stated that he would ensure that each tenant obtains a business registration certificate and a seller's permit and will make sure that each one has a cash register; however, he did not believe he had a responsibility to audit their receipts. Council Member/Commissioner Estrada commented on the fact that if there are 55 independent merchants in this one building, with each business having 5 employees, this equates to 275 individuals who will be working, getting paid, and then buying items in San Bernardino and thereby contributing to sales tax generated for the City. She stated that this, too, must be considered when looking at the overall profItability of the project. At the request of Deputy City Attorney Empeno, City Planner Ross clarified one of the Public Works standard requirements, specifically 2G, stating that she had already discussed this with Mr. Jara and he had concurred with what staff was proposing. Council Member/Commissioner McGinnis amended his motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; that the Mayor and Common Council grant the appeal based on the Findings of Fact (Exhibit 2), subject to the Conditions of Approval (Exhibit 6) as revised in the memorandum dated July 15, 2002, from Valerie Ross, City Planner, to the Mayor and Common Council, and Standard Requirements (Exhibit 2). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R38. RES. CDC/2002-25 - A Resolution of the Community Development Commission of the City of San Bernardino approving a new jobs Redevelopment Grant Agreement by and between the Redevelopment Agency of the City of San Bernardino and Rosina Gallardo, DBA Amapola Rico Taco and authorizing the execution of the Grant Agreement by the Executive Director on behalf of the Redevelopment Agency of the City of San Bernardino. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. CDC/2002-25 was adopted by the following vote: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Ayes: Suarez, 22 7115/2002 R39. RES. CDC/2002-26 - Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director to execute Amendment No. 1 to the Redevelopment Planning and Participation Agreement for the Santa Fe Depot Redevelopment Implementation Area (Arthur Pearlman Corporation). Arthur Pearlman, 1137 Second Street, Santa Monica, CA, stated that approximately 15 months ago his company had asked for and received an exclusive planning agreement to develop the 105 acres around the depot. He provided an overview of their methodology and accomplishments thus far, stating that most recently the focus had been on the El Tigre Market area and working on a plan to integrate this shopping center with the historic depot. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2002-26 was adopted by the following vote: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Ayes: Suarez, R40. RES. 2002-252 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the application for grant funds for the California Heritage Fund Grants Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 for the rehabilitation and restoration of the California Theater. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-252 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R41. Downtown Paid Parking Pilot Program (Continued from June 17, 2002) Submitted into the record was a memorandum dated July 15, 2002, from Huston T. Carlyle, Jr., to James F. Penman, City Attorney, regarding the Downtown Parking Study. Also submitted were two letters dated July 12, 2002, from Salvatore F. Catalalno-one sent as General Manager of the Carousel Mall and the other as President of the San Bernardino Downtown Business Association, Inc. 23 7/15/2002 Gary Van Osdel, Executive Director, Economic Development Agency, advised that he had met with the Chamber of Commerce and Ralph Affaitati, President of the Chamber of Commerce Board of Directors, and Sam Catalano, General Manager of the Carousel Mall and President of the Downtown Business Association. He stated that it was agreed that the issue needed to be studied, and he was recommending that the Mayor and Common Council appoint a committee of the stakeholders to develop a scope of the work. He added that there are misgivings among the businesspeople in the city relative to paid parking in the city. Mr. Van Osdel stated that he would like to recommend that the Mayor and Council authorize staff to retain the consulting firm of International Parking Design, Inc., and put them together with an advisory committee appointed by the Mayor. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Council authorize staff to retain the consulting firm of International Parking Design, Inc., and put them together with an advisory committee appointed by the Mayor. (Note: There was no vote taken.) Council Member/Commissioner Suarez voiced concern regarding the County courthouse, stating that he felt part of the study should take their input under advisement. Council Member/Commissioner McCammack noted that the study commissioned back in 1997 basically came to the conclusion that there is plenty of parking available in the area. She questioned whether the Commission should just ignore this previous information and spend another $20,000 to possibly come to the same conclusion, or should the Commission spend $10,000 for the study, and then, if necessary, an additional $10,000 for the plan. It seemed clear to her that they would have the same issues today that they had back then. Mr. Van Osdel stated that if the Commission had a problem with approval of the plan being part of the motion, they could do the study first. He added that he felt the people most concerned should work with staff on the scope of the plan. Council Member/Commissioner Estrada stated that she had participated in the meeting at the Chamber and both business and property owners want to have input, and they should. She noted that there are several aspects of public parking which need to be considered, even though most people think "structures" when you talk about paid parking. She noted that the IPA Water Plan called for several parking structures. 24 7/1512002 Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Lien, that the Community Development Commission authorize and direct the Executive Director of the Economic Development Agency to execute a Professional Services Agreement with International Parking Design, Inc., to conduct a downtown parking study and to prepare a downtown public parking operational plan. Council Member/Commissioner Lien withdrew her second and the motion failed for lack of a second. Council Member/Commissioner Lien questioned whether the Parking Commission still existed and whether they would playa role in this as well. Mr. Van Osdel advised that the Parking Commission does still exist; however, they have a problem because all the appointments have not been made by members of the Council. He stated that they want to participate in the study and that there certainly should be a place for them on any type of advisory committee. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commission McCammack, that the Community Development Commission authorize and direct the Executive Director of the Economic Development Agency to prepare a Professional Services Agreement with International Parking Design, Inc., to conduct a downtown parking study with a scope of services to be prepared by Mayor-appointed stakeholders group, subject to approval of such agreement by the Commission at a later date. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R42. RES. CDC/2002-27 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director or his/her designee to execute Amendment No. 1 to the 2001 Acquisition, Working Capital and Homebuyer Grant Assistance Loan Agreement ("Loan Agreement") by and between the Redevelopment Agency and the San Bernardino Mobile Home Park Corporation dated January 8, 2001. Executive Director Van Osdel stated he was a member of the Board of Directors of the San Bernardino Mobile Home Park Corporation; therefore, he was declaring a conflict of interest and had asked Maggie Pacheco, Director of Housing and Community Development, to handle this item. 25 7/1512002 Ms. Pacheco advised that this IS a technical change and does not increase monetary impact to the Agency. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC12002-27 was adopted by the following vote: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Ayes: Suarez, 43. Public Comments Gil Navarro, Chairman, Mexican-American Political Association, P.O. Box 1396, San Bernardino, CA, accompanied by 10hn Neal, a former employee of Berdoo Auto Body, 411 Sierra Way, San Bernardino, asked that Code Compliance investigate for possible violations of City ordinances at Berdoo Auto Body-that they are creating a hazardous work environment. He stated that they had already contacted OSHA. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout to the Council members and spoke regarding the problems of transporting nuclear waste. He explained the inherent dangers if a breach of containment were to occur as the waste is transported through the city and the Cajon Pass area. Rick Avila, Avila Construction, 4022 North F Street, San Bernardino, CA, distributed a handout to the Council members and asked when the City was going to stop retaliating against him and harassing him because of the lawsuits he has filed against the City. He asked City Attorney Penman to explain remarks he recently made regarding the statute of limitations having run out on a sewer lateral problem that had recently arisen. The Mayor assured Mr. Avila that the City was not harassing him, and Mr. Penman advised that the City does not believe that Mr . Avila or the City is responsible for the sewer lateral problem in question. Steven Figueroa, President of MAPA Voter Registration and Education Corporation, P.O. Box 3202, Victorville, CA, stated he was at the meeting to support Mr. Avila and spoke regarding the amount of money spent on litigation in the City, particularly in light of the high number of Hispanics involved in these cases, and the selective enforcement and discrimination practiced by the City. He also advised that MAPA does not recognize Mr. Gil Navarro as an affiliate of the MAPA organization. 26 7/1512002 Joe Ramirez, 6984 N. Little League, San Bernardino, CA, expressed concerns regarding the crib lock wall at the back of residents' property in the Cincinnati Street area in the Fifth Ward. Joe Solis, 2734 Cincinnati Street, San Bernardino, CA, also expressed concern regarding the criblock wall, stating that it was very big, hard to maintain, and an eyesore for the neighborhood. S I. Contract Amendments for the following positions: City Administrator, Code Compliance Director, Fire Chief, Executive Director-EDA Note: No backup material was submitted. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of August 5,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. S2. RES. 2002-253 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting the San Bernardino Police Department's request to the California Highway Patrol for law enforcement assistance. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-253 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27 7/1512002 44. Adjournment. At 10:20 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, August 5,2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY:~~W Linda E. Hartzel, Deputy City Clerk No. of Items: 46 No. of Hours: 8 28 7/1512002