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HomeMy WebLinkAbout01-06-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 6, 2003 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 Pro Tern Derry at 1:34 p.m., Monday, January 6, 2003, 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 Pro Tern/Acting Chairman Derry; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, Mccammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman Valles; Council Member/Commissioner Suarez. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel -ex1stmg litigation -pursuant to Government Code Section 54956.9(a): In Re Bankru ptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; San Bernardino Redevelo pment Agency v. William H. Coo per -San Bernardino Superior Court Case No. SCVSS 67622; David M. Sanborn v. Avila Construction, et al. -San Bernardino Superior Court Case No. SCVSS 078410; Manta Management Co rp oration 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: Van Rossum claim. 1 1/6/2003 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. 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: (1) Fire negotiation issue G. Conference with real property negotiator -pursuant to Government Code Section 54956 .8. Property: Ne 2otiatin2 Parties : Under Negotiation: APN 155361-22 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Bernard Kersey, General Manager, on behalf of the City of San Bernardino Water Department Purchase terms & conditions Senior Assistant City Attorney Carlyle announced that the following additional cases would be discussed in closed session under Agenda Item lA: Candice Dick v. City of San Bernardino, et al. -United States District Court Case No. EDCV 02-158 VAP; Marianne Barklage v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 036008; Dale Blackwell v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 096441 . City Attorney Penman Arrived At I :36 p.m., City Attorney Penman arrived at the Council/Commission meeting. 2 1/6/2003 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Council Member/Commissioner Suarez Arrived At 1:39 p.m., Council Member/Commissioner Suarez arrived at the Council/ Commissioner meeting. Invocation/Pledge of Allegiance The invocation was given by Sister Marita Beumer of St. Bernardine's Church, followed by the pledge of allegiance, led by Council Member/Commissioner Suarez. 2. Appointments There were no commission appointments. Moment of Silence Mayor Pro Tern Derry asked for a moment of silence in memory of the four victims who died in the Sunset Hotel fire on December 28-night manager Robert Downs and residents Michael Loyd Stevens, Gregory Abdvn-Nur, and Harold Turman. He also asked for a moment of silence in memory of Mr. Kelly Wilson, husband of Evelyn Wilson, a former City employee and current president of the Perris Hill Neighborhood Association; former Councilmember Robert Castaneda, who served as First Ward Councilman from 1977 to 1985; and Mary Jane Wilson, who at one time was an active member of the Mayor's Council for Friendship and Goodwill and owned and operated Wilson's Jewelry Store in San Bernardino for 15 years. The Council extended condolences to the families of Willie Clark, a 25-year employee with the City's Police Department, who passed away on December 25; Sally Lasane, a math teacher at Curtis School and San Bernardino High School, who passed away on January 3; and Dana Snyder, a former resident of San Bernardino, who passed away on January 5. 3. Proclamations & Presentations Olivia Sanchez, Environmental Project Assistant in the Public Services Department, introduced the students who participated in the Used Oil Recycling Poster Contest and whose artwork was selected to be featured in the 2003 Used Oil Awareness Calendar. Each student was presented a Certificate of Recognition. 3 1/6/2003 ( 4. Announcements Announcements were made by Mayor Pro Tern Derry, members of the 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 and ordinances 6. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/ Community Development Commission be waived. The motion carried by the following Members/Commissioners Estrada, Longville, Anderson, Mccammack. Nays: None. Absent: Council Minutes vote: Ayes: McGinnis, Derry, None. Council Suarez, Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 2, 2002. The motion carried by the following Members/Commissioners Estrada, Longville, Anderson, Mccammack. Nays: None. Absent: vote: Ayes: McGinnis, Derry, None. Council Suarez, 7 . Claims & Payroll Council Member/Commissioner Estrada 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 December 5, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 4 1/6/2003 8. Personnel Actions 9. 10. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated January 2, 2003, 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, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. ORD. MC-1136 -An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 15.24.050 Maintenance requirements for multi-residential, commercial and industrial properties. FINAL READING Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1136 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. ORD. MC-1137 -An ordinance of the City of San Bernardino amending Section 19.24.040 of the San Bernardino Municipal Code (Development Code) related to parking requirements for restaurants. FINAL READING Council Member/Commissioner Mccammack requested that the Legislative Review Committee also take a look at the parking requirements for drive-thru restaurants. Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1137 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 5 1/6/2003 11. Resolutions awarding contracts for Landscape Maintenance Assessment District Nos. 959 (Zone 1) & 982 RES. 2003-1 -Resolution of the City of San Bernardino awarding a contract to Golden West Landscape Contractors for the maintenance of landscaping in Assessment District No. 959 (Zone 1, Area "C"). (llA) RES. 2003-2 -Resolution of the City of San Bernardino awarding a contract to R P Landscape & Irrigation for the maintenance of landscaping in Assessment District No. 982, (Area "D"). (llB) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolutions A & B, be adopted. Resolution Nos. 2003-1 and 2003-2 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 12. RES. 2003-3 -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 California Street and 16 th Street 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. 1029; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-3 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 13. RES. 2003-5 -Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution .. . designating certain streets, or portions thereof as through highways ... " and declaring Olive A venue between Belmont A venue and Garfield Street a through highway. Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 6 1/6/2003 Resolution No. 2003-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 14. RES. 2003-4 -Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution . . . prohibiting parking upon certain designated streets, alleys, or portions thereof ... " to establish a no parking any time zone on both sides of Twenty-first Street between Muscupiabe Drive and Lincoln Drive. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-4 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 15. Funding approval -Fine Arts & Cultural Agreements -Fiscal Year 2002/2003 RES. 2003-6 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (15A) RES. 2003-7 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the CSUSB Foundation, Coyote Conservatory for the Arts for the promotion of arts and culture. (15B) RES. 2003-8 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (15C) RES. 2003-9 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (15D) RES. 2003-10 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino-Riverside Counties District Metropolitan Opera Auditions for the promotion of arts and culture. (lSE) 7 1/6/2003 RES. 2003-11 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Prime Time Choraliers for the promotion of arts and culture. (lSF) RES. 2003-12 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (15G) RES. 2003-13 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. (15H) RES. 2003-14 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sturges Family Playhouse for the promotion of arts and culture. (151) Council Member/Commissioner Longville stated that due to the predicted budget shortfall, she was not prepared to vote on. these allocations until the matter could be discussed at the budget workshop scheduled for January 27, when the Council/Commission could look at it in context with other budget issues. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the budget workshop on January 27, 2003. (Note: There was no vote taken.) Council Member/Commissioner Estrada agreed that tough times are coming, but expressed her concern that many of these organizations depend on this money and had already committed some of it to their programs. She also pointed out that when new businesses are thinking of coming to San Bernardino, one of the first questions they ask is what kind of arts and cultural programs do we have in our community. Discussion ensued regarding the pros and cons of approving these expenditures at this time versus waiting until the budget workshop on January 27. It was pointed out that no one had indicated that the Council members would be recommending changes to the allocations, but that it was important to see the whole picture and make the decision in context rather than in a vacuum. The following individuals expressed their support of allocating the funds as recommended and the importance of arts and cultural activities to the community: 8 1/6/2003 Jim Ruester, Cultural/Fine Arts and International Affairs Director in the Mayor's Office, stated that arts are not a frill but an important part of a community, and these organizations are depending on this money. City Attorney James Penman, speaking as a private citizen, stated that the total amount of money which had been allocated to arts and culture was $133,500; and that the Council knew when they made the allocation that the State was in dire financial straits. He stated that uncertainty is devastating to nonprofits when they are counting on funding, and pointed out that even in three weeks the Council would not have any more information than they do now about the extent of the budget crisis. He encouraged the Council to approve the allocations. Frances Vasquez, Vice President, Sinfonia Mexicana, stated that they had been in the city for 16 years and that they had made commitments based on funds they believed were forthcoming. Anthony Bocanegra, Director of Operations, Sinfonia Mexicana, stated that they could not wait for three weeks-that they have four concerts scheduled for the balance of the year and those contracts are currently pending. It was pointed out that the total amount of money for these nine organizations actually amounted to only $83,962, which the Council could approve at this time, leaving a balance of $49,538, which could be discussed at the budget workshop. Council Member/Commissioner Longville made a substitute motion, seconded by Council Member/Commissioner Mccammack, that said resolutions A-I be adopted. Resolution Nos. 2003-6 through 2003-14 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 16. Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a contractual agreement between the City of San Bernardino and Diamond Creations Inc. for concession services at the San Bernardino Soccer Complex. (Note: No resolution was submitted with the backup materials.) Council Member/Commissioner Longville stated that she wanted to verify that the proposal submitted by Diamond Creations was to provide the City with a state-of-the-art, full service concession with a seating area of 1,500 square feet at the soccer complex, with an adjoining covered, air-conditioned seating area 9 1/6/2003 capable of seating 200 people; that the facility would open in March 2003; and that the facility and the adjoining covered seating area shall be the property of the City. Lemuel Randolph, Director of Parks, Recreation and Community Services, stated that it was not his recollection that the proposal included an air- conditioned seating area; however, that was the only discrepancy he could see. City Attorney Penman stated that basically Ms . Longville was correct; however, he had spoken to Bill Lemann, attorney for the concessionaire, and he thought Mr. Lemann was going to ask for a couple more months. He also confirmed that the air conditioning had been added by staff, if it was going to be an enclosed area. Attorney Bill Lernann advised that he and the concessionaire had been in ongoing negotiations with the City, and particularly the Ways and Means Committee, during the past couple of months. He confirmed that they would probably need a little extra time to get the construction done, and that the facility would become the property of the City. Mr. Lemann stated that they did have one issue. He advised that Diamond Creations had proposed a ten-year contract; however, the City was proposing a five-year contract, renewable for an additional five years by mutual consent of the City and the concessionaire. He stated that he was aware that Council Member Mccammack and her colleagues had some concerns relative to having some benchmarks to make sure that the services, the products, and the proposed facility are as they should be; and they accept and understand that. He explained, however, that the whole project (the entire building and patio) is going to cost in excess of a quarter of a million dollars; and as a result, Diamond Creations would have to have the ability to advertise the concession over the ten-year period. Therefore, their initial proposal was for a ten-year period, and they still need that ten-year period because of the cost of the development. He stated that they would be more than happy to work out language with the City Administrator and others that would allow some benchmarks and some reviews of the quality of the facility, the product, the service, and all those things so that they can maintain the standards that they promised in the proposal. David Oldham, Manager of the San Bernardino 66ers, stated that they appreciated the opportunity to help San Bernardino be a better community, and they hoped that their first year at Arrowhead Credit Union Park was an indication of better things to come as they get more involved with the community and its citizens to provide a better quality of life. 1/6/2003 He stated that they believe this is the first part of a process where they can eventually bring a naming rights partner to the complex as well as some additional corporate sponsors, like they do at the ballpark. He added that they were very excited to have this opportunity to develop their business and entrench themselves in their partnership with the community; that in his opinion, that is what a baseball team's job is, and they would certainly like to continue this partnership into the soccer complex. City Attorney Penman advised that this document was only a draft for the Council and the concessionaire to review-that it would probably have to be brought back unless the Council and concessionaire could agree on the termination date of the agreement. Discussion ensued regarding the fact that this document covered only the concessions, the need to make a timely decision in order to give Diamond Creations as much lead time as possible in getting everything ready, the importance of having benchmarks, and the pros and cons of having a ten-year contract versus a five-year contract, with a five-year renewal. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of January 21, 2003, in the Council Chambers of City Hall. City Attorney Penman pointed out that although this agreement does not call for the City to spend any money, it does call for the City to make a great deal of money. Since he was aware that concern had been expressed by some as to whether the concessionaire could actually be up and ready to go in seven days, he suggested that the matter be continued to either Friday, January 10, or Monday, January 13. He pointed out that if it was continued to Monday, January 13, rather than to the next Council meeting on January 21, it would give them 14 days instead of 7 days to try and get their situation together. Council Member/Commissioner Anderson stated that the original contract with the soccer complex stated that ten percent of the vendors would be local city people who could come in and sell things-that ten percent of the booths at the complex would be allotted to city businesses. She inquired whether this was still the case. Mr. Penman advised that if this language was in the original contract with CYSA-South, when the Council voted to terminate their agreement with the foundation, that part of the contract would also have been terminated. Mr. Randolph noted that staff will be bringing back to the Council a proposal to form a new board to oversee operations of the soccer complex; and it may be appropriate at that time, if an agreement is considered between the City and this 11 1/6/2003 new board, to include similar language, if that is of concern. He stated that there is a way to accomplish what Ms. Anderson was suggesting, but there is no way to do it now because there is no agreement in place. Considerable discussion ensued regarding the language in the agreement- especially relative to whether the agreement would be for ten years, or whether it would be for five years with an additional five years based on various performance benchmarks. It became apparent that it would be impossible to resolve the matter at today's meeting. City Attorney Penman advised that there are two ways that an agreement is usually worded-one is at the sole and complete discretion of, in this case the City; and the other is language that approval shall not be unreasonably withheld, which he suspected is what Mr. Lemann is wanting to put in there, which makes it entirely different as to who gets to make that final call as to whether what is being done is satisfactory or not. Mr. Penman felt the language could be hammered out in approximately three days, and he suggested that the continuance be for a shorter period of time, rather than continuing to the next Council/Commission meeting. Council Member/Commissioner Mccammack amended her motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to 9 a.m., Thursday, January 9, 2003, in the Council Chambers of City Hall. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 17. Legislative Task Force Update Council Member/Commissioner Longville advised that the Legislative Task Force had not met, and she had nothing to report. 18 . RES. 2003-15 -Resolution of the City of San Bernardino making application to the Local Agency Formation Commission of the County of San Bernardino for the reorganization, to include annexation, of three non- contiguous unincorporated areas generally located east of Central A venue, north of Atlantic A venue. City Attorney Penman advised that his office had declared a conflict on this item because his wife owns property in one of the unincorporated areas; however, the resolution had been reviewed and approved by Special Counsel Sabo. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 12 1/6/2003 Resolution No. 2003-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R19 . Covenant Development Agreement -Covenant Development, Inc. - Amendment No. One to the Loan Agreement for Verdemont Improvements A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute the Amendment No. 1 to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Continued from December 2, 2002) (R19A) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor to execute the Amendment No. 1 to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Continued from December 2, 2002) (R19B) (Note: The resolutions were not included in the backup materials.) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to the Council/Commission meeting of January 21, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. Gary Van Osdel, Economic Development Agency Executive Director, advised that staff would probably not be prepared to bring this item back on January 21, and asked that the matter be continued to February 3, 2003. Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be reconsidered. 13 1/6/2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Mccammack, that the matter be continued to the Council/Commission meeting of February 3, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. R20. RES. CDC/2003-1 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute an agreement by and between the Agency and the Oldtimers Foundation, a California non-profit organization, for the administration of the Elderly/Special Needs Minor Home Repair Grant Program in the amount of $75,000 annually, for a term of three (3) years, subject to housing funds availability. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2003-1 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. R21. RES. CDC/2003-2 -A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute the HOME Loan Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. (NHS) for the acquisition of the property located at 688-698 W. 6th Street (Central City North Redevelopment Project Area/Old Towne San Bernardino). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Council Member/Commissioner Longville noted that according to the staff report, the building was going to be preserved; however, there was a possibility that it would ultimately be demolished. She stated that this concerned her because the Agency would have $300,000 in a property that could still be taken down to allow for construction of a more modem multi-housing complex. 14 1/6/2003 Resolution No. CDC/2003-2 was adopted by the following vote: Ayes : Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: Council Member/Commissioner Longville. Absent: None. Council Member/Commissioner Estrada Excused At 5: 15 p.m., Council Member/Commissioner Estrada left the Council/Commission meeting. 22. Public Comments Johnny Bell, P.O. Box 3142, Patton, CA, stated that he was the first rapper to perform in the Council Chambers in October 1989; and expressed his opinion that City Resolution No. 2000-131, which banned rave and hip-hop parties, was very discriminatory. City Attorney Penman advised that following a violent incident in the City, the Mayor and Council had passed this resolution banning these types of events at City-owned venues; and the decision had been based on very valid reasons. Darrell Hess, 2389 Palo Alto Way, Running Springs, CA, read into the record and submitted a letter dated January 6, 2003, addressed to Mayor Valles and the Common Council. In the letter he stated that he had created the Pioneer Fire Co. Museum to assist the City in preserving its fire service history and those remaining fire department artifacts, buildings and apparatus deserving of preservation. He asked the City to provide a permanent location for the museum at 322 North E Street. 23 . Adjournment At 5:30 p.m., the meeting was adjourned to 9 a.m., Thursday, January 9, 2003, in the Council Chambers of City Hall for the continuance of Agenda Item No. 16. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Tuesday, January 21, 2003, in the Council Chambers of City Hall, 300 North D Street, San Bernardino, California. No . of Items: 23 No. of Hours: 4 15 By: RACHEL G. CLARK City Clerk ~P ~J Linda E. Hartzel Deputy City Clerk 1/6/2003