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HomeMy WebLinkAbout03-03-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 3, 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/Chairman Valles at 1:34 p.m., Monday, March 3, 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/Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Longville. Council Member/Commissioner Longville Arrived At 1 :45 p.m., Council Member/Commissioner Longville arrived at the Council/Commisison meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel -ex1stmg litigation -pursuant to Government Code Section 54956.9(a): David M. Sanborn v. Avila Construction, et al. -San Bernardino Superior Court Case No. SCVSS 078410; California Bio-Mass, et al. v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 083473; Jaime Alvarez, et al. v. City of San Bernardino -United States District Court Case No. CV 00-0304B; Redevelo pment Agenc y of the Ci ty of San Bernardino v. Jaime Alvarez, et al . -United States District Court Case No. EDCV 02-142 RT (SGLx); 1 3/3/2003 Wind y Anno v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 080739; Ronald Arnett, et al. v. California Public Em plo yees' Retirement System (PERS), et al. -United States District Court Case No. C 95 3022 CRB; Manta Management Co rp . v. Ci ty of San Bernardino, et al. -San Bernardino Superior Court Case No. SCV 18157; Inland Valle v. Elisa L. Gurrola, et al. -San Bernardino Superior Court Case No. SCVSS 087907; Inland Valle y Develo pment Agencv v. Robert C. Newman II, et al. - San Bernardino Superior Court Case No. SCVSS 089202; Daniel Cravens v. Ci ty of San Bernardino -San Bernardino Superior Court Case No. SCVSS 076715; Fayez Hussein aka David Hussein, and Numan Kofrani v. Ci ty of San Bernardino -San Bernardino Superior Court Case No. SCVSS 94105; Robert Miller v. City of San Bernardino, Sgt. Durwood Williams, and Does 1 through 10, Inclusive -United States District Court Case No. EDCV-02-407 V AP (SGLx). 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 and Cypress Inn Mobile Home Park. 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. 2 3/3/2003 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: HUB Properties Ne gotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-08 Raymond M. Tucker Living Trust 0281-081-09 Douglas R. Nelson 0281-081-10 Jimmy R. Wiley 0281-081-11 Julio D. Rodriguez, Anthony Rodriguez 0281-081-12 Seng Kin Yeo 0281-081-13 Robert A. Lester, Ivy Y. Lester 0281-081-14 Estefani Liaou 0281-081-16 Francisco Perpuly 0281-081-17 Oscar Miranda, Jose Miranda 0281-081-18 Henry W. Shelton, Betty J. Shelton 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong 0281-082-01 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-02 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-03 Pomona First Federal Under Ne gotiation: Purchase price, terms & conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item I.A., existing litigation: Shirle y Goodwin v. Ci ty of San Bernardino, et al. -United States District Court Case No. EDCV 98-66 RT. Under Agenda Item l.B., significant exposure to litigation: A claim involving former police officer Van Rossum filed by Cora Polidore . 3 3/3/2003 Closed Session Announcement City Attorney Penman announced that the Mayor and Common Council had also discussed the following in closed session: Peo ple v. Jeffrey T. Wri ght -San Bernardino Superior Court Case No. 658920 JW; and Disposition of the following cases: Patrick Rainey v. Cit of San Bernardino -an allegation of excessive force by one of the City's police officers -the judge granted a motion to dismiss. Windy Anno v. Ci ty of San Bernardino -a slip and fall case in front of the Feldheym Library -the court found no duty of care. The plaintiff appealed the ruling, which the City successfully fought, and the Court of Appeal affirmed the original judgment of the trial court, dismissing the case. Fayez Hussein aka David Hussein and Numan Kofrani v. Ci ty of San Bernardino -a case involving the City's denial of a Conditional Use Permit to upgrade an Alcoholic Beverage Control Type 20 (off-sale beer and wine) to a Type 21 (off-sale general) license at the existing Budget King Meat Market -the petitioners filed a Request for Dismissal prior to the court hearing. 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 Reverend Mary S. Martin of St. John's Episcopal Church, followed by the pledge of allegiance, led by Michele Tasso, a graduating student from Anderson School. Moment of Silence Mayor/Chairman Valles requested a moment of silence in remembrance of Hal Heywood, a long-time resident and businessman in the City of San Bernardino, and longtime City employee and community activist, Willie Garrett, and extended condolences to the Heywood and Garrett families . 2. Appointments There were no commission appointments. 4 3/3/2003 3. Proclamations & Presentations Mayor Valles presented a proclamation commemorating the 13 pt anniversary of Arbor Day to Dennis Garrahan, the City's arborist. Mayor Valles congratulated Councilwoman Susan Longville for her participation and completion of the Los Angeles Marathon. 4. Announcements Announcements were made by the Mayor, 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 & ordinances Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that full reading of the resolutions and ordinance 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, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, 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: January 27, 2003; 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. 7. Claims & Payroll Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 25, 2003 from Barbara Pachon, Director of Finance, be approved . 5 3/3/2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the personnel actions as submitted by the Chief Examiner dated February 25, 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. 9. ORD. MC-1139 -Ordinance of the City of San Bernardino amending Section 10.24.190 of the San Bernardino Municipal Code to prohibit commercial vehicles on Poplar Street between Pepper A venue and Meridian A venue and Meridian A venue between Mill Street and the end of Meridian Avenue north of Walnut Street. FINAL READING Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be adopted. Ordinance No. MC-1139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 10. RES. 2003-61 -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 Sixteenth Street a through highway at its intersections with Clyde Street, Glenview Street, Flores Street, Massaro Lane, Hancock Street and Cabrera A venue. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-61 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 6 3/3/2003 11 . Adopt Negative Declaration for street improvements associated with the Pepper Linden Drive Extension (proposed Campus Parkway) from Kendall Drive to Northpark Boulevard & install traffic signal at Pepper Linden Drive and Kendall Drive Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Negative Declaration for street improvements to Pepper Linden Drive (proposed Campus Parkway) from Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive (Campus Parkway) and Kendall Drive, be adopted. The motion carried by the following Members/Commissioners Estrada, Longville, Anderson, Mccammack. Nays: None. Absent: vote: Ayes: McGinnis, Derry, None. Council Suarez, 12. Approve Change Order No. One -Laird Construction Co., Inc., -relocate pavement rehabilitation project locations (From: Lexington Parkway from Hallmark Parkway to cul-de-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de- sac; Georgia Boulevard from Gannett Parkway to Saratoga Way and Gannett Parkway from Georgia Boulevard to Hallmark Parkway -To: Hallmark Parkway, from Saratoga Way to a point 1,437 linear feet northwest; Hallmark Parkway, from the 1,437th foot location to the bridge at Devil's Canyon Channel; California Street, from Porter Street to 30 th Street) -Plan No. 10510 -authorize Finance Director to amend the FY 2002/03 budget City Clerk Clark announced that the increase to the project contingencies was actually $49,124.16 rather than $20,000 as indicated on the agenda, which would increase the total project contingencies from $27,037 to $76,161.16. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council authorize execution of Change Order No. One in the amount of $44,950.16 to contract with Laird Construction Co. Inc., for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to cul-del-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-sac, Georgia Boulevard from Gannett Parkway to Saratoga Way and Gannett Parkway from Georgia Boulevard to Hallmark Parkway per Plan No . 10510; and 7 3/3/2003 That the Mayor and Common Council authorize the Director of Finance to amend the 2002/03 Capital Project budget by establishing new Account No. 135-378-5504-xxxx (California Street) in the amount of $90,000, and Account No. 135-378-5504-xxxx (Hallmark Parkway) in the amount of $204,000 in the FY 2002/03 budget and transferring $294,000 from Account No. 135-378-5504- 7287 through 7291 to Account No . 135-378-5504-xxxx (California Street - $90,000) and Account No. 135-378-5504-xxxx (Hallmark Parkway -$204,000), leaving the remainder in Unreserved Fund 135 fund balance; and That the Purchasing Manager be authorized to increase the project contingencies by $49,124.16 from $27,037 to $76,161.16. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 13. RES. 2003-62 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order between the City of San Bernardino and Diversified Metal Fabricators, Inc. for the purchase of bleachers per RFP Bid Specification F03-021. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-62 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 14. Resolution of the City of San Bernardino authorizing the execution of an agreement with the California Highway Patrol and the San Bernardino Police Department regarding the Cargo Theft Interdiction Program. City Attorney Penman stated that staff was requesting that this matter be continued to the next meeting. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Mccammack, that the matter be continued to the Council/Commission meeting of March 17, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. s 3Dnom 15 . RES. 2003-63 -A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Easement Agreement with the City of Colton for power transmission lines. Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-63 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 16 . Public hearing -resolution ordering work -California Street & 16th Street Landscape Maintenance Assessment District No. 1029 -Tract No. 13822 RES. 2003-64 -Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of California Street and 16th Street, approving the Final Engineer's Report, creating an Assessment District to cover the costs of said maintenance, known as Assessment District No. 1029, ordering the work, confirming the 2003-2004 Assessment Roll, and determining that the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, provided an overview of the staff report. No public comments were received . Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez. that the hearing relative to the formation of the California Street and 16th Street Landscape Maintenance Assessment District No. 1029 be closed; and that said resolution be adopted. The motion carried and Resolution No. 2003-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 9 3/3/2003 17. Conflicts of Interest Advisement City Attorney Penman provided an update of new legislation, effective January 1, 2003, which is applicable to local elected officials, and also reviewed certain recurring matters relevant to the Mayor and Council. Mr. Penman advised that pursuant to the Political Reform Act, if an individual receives a legal written opinion from the Fair Political Practices Commission, based on facts given to them, and provided they have been given all the facts, that says the individual does not have a conflict situation and is not in violation of the Act, that written opinion immunizes the person from both civil and criminal prosecution. No action was taken on this matter. 18. An Ordinance of the City of San Bernardino amending Section S.04.500 of the San Bernardino Municipal Code and adding Section 5.04.501 to the San Bernardino Municipal Code relating to discount malls and swap meets. FIRST READING Niles Grace, 1520 South "E" Street, San Bernardino, CA, owner of Heritage Antique Mall, expressed opposition to the proposed amendment, stating that it appeared to be a selective code exception that applies to a single operator at this time. He wondered whether all of the vendors would at least be required to register, or complete some type of paperwork, in order to track them or know who they are, since almost every item stolen from his establishment has been discovered at swap meets. He pointed out that if they are transient and do not hold a permit, and they are coming in on a one-time basis and someone is paying their fee for them, tracking these individuals or finding out where they are may be a subject of law enforcement. Raymond Woodcock, 18830 Bobwhite Court, Bloomington, CA, representing himself and a potential group of individuals who may promote events in the city that would fall under this description, expressed opposition to the amendment, stating that it appears it may conflict with fair business practices. He stated that the fee, by definition, is the responsibility of the individual or business grossing the income. Council Member/Commissioner Mccammack noted that the ordinance appeared to be missing a small piece which would make sure that each and every vendor is licensed by the City . 10 3/3/2003 Council Member/Commissioner McGinnis pointed out that this amendment would affect only one outdoor swap meet operator in the city. He stated it does not apply to any of the indoor swap meets, but would allow this one operator to be competitive with other outdoor swap meets. Council Member/Commissioner Longville felt it would be prudent to pass the first reading of the ordinance, and if it appeared the ordinance needed to be amended because it is having some negative impact not foreseen at this time, then bring it back to the Council for further review. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be laid over for final adoption. (Note: There was no vote taken.) Council Member/Commissioner Anderson noted that there is a $12 million cargo theft that goes on in the United States every year. She stated that past raids on the City's swap meets have found vendors who are selling stolen goods, and expressed concern that the City would not have a viable paper trail to track these individuals. She also questioned what the revenue advantage would be to amending the ordinance as proposed. Council Member/Commissioner Longville advised that it would provide revenue of $30,000 per year to the City, and that those individuals who sell stolen goods are a small percentage of the individuals who sell on a regular basis at the swap meets. Council Member/Commissioner Mccammack stated that it behooves the property owner to come in and pay the $30,000 per year, so that the City does not go and investigate every one of his vendors and make them accountable. She pointed out that there are many property owners in southern California that insist on that kind of information before they let a vendor in their door so that they can protect the customer. She stated that she believed the City should be wanting to protect the customer by requiring the proper registration and that the proper taxes are paid. Otherwise it minimizes the ability of other legitimate retailers and wholesalers to sell their goods at a fair market value with an unequal "playing field." She did not believe the matter should go one step further until the City is making every single seller of goods, products, and wares in this community accountable to the same business license standard as the rest of the businesses in town are being held to. Council Member/Commissioner Estrada also had concern that the Council did not have enough information yet to be able to vote on this matter. She stated she would like more information on the different types of swap meets in the 11 3/3/2003 area. She stated she was not prepared to vote for a first reading of the ordinance at this time. Council Member/Com.missioner McGinnis stated that the only thing being accomplished by requiring every vendor to obtain a business license is that it protects the National Orange Show grounds. He stated that for whatever reason, the City gets absolutely nothing from them-no sales tax, no vendor license fees, no nothing-and they are the only competition with this particular business in the City. He added that this business is not comparable with indoor swap meets; and no other outdoor swap meets in surrounding cities have the rules that we have. He pointed out that the only reason we have these rules is that they were created to cover this particular business, because until he started his business the Municipal Code did not cover outdoor swap meets because there weren't any in the city. City Attorney Penman advised that the current wording of the code came about because this same gentleman did not want to have to pay for the licenses of the individual vendors, so City staff wrote the code the way he wanted it. Subsequently, he came back, after he found out a lot of people who would sell at the Orange Show did not want to come down and get the license to sell at his swap meet-this was a business problem that he encountered. Mr. Penman stated that it has been known for years that outdoor swap meets are known as the "stolen property exchange." He ascertained that other cities do have requirements that require the owner of the property to check each person coming in to make sure they have a business license before they come in. Mr. Penman advised that his office had spent the last several weeks tracking down transient vendors. He stated that in a number of the places that appeared to be yard sales there was brand new merchandise, stolen merchandise, etc. After hearing the comments of Council Members/Commissioners Estrada, Anderson, and Mccammack, he thought it would be prudent to check on what other cities do before going ahead with this ordinance. Council Member/Com.missioner Mccammack stated that she had concerns regarding the fact that the ordinance was being changed for one particular property owner. She stated that there are many businesses in this city that are not swap meet oriented that rent space within their building, which establishes a paper trail and some accountability for the revenue flowing through their own personal coffers. She stated that if the Mayor and Council were going to change this ordinance now, it was her feeling that they have a responsibility to change it to be in the best interests of the taxpayers and the best interests of City Hall, and not necessarily to the best interest of one property owner. 12 3/3/2003 Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Anderson, that the matter be referred back to the Legislative Review Committee for further review and a determination of what other cities are doing in similar circumstances. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. Legislative Task Force Update Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/ Commission meeting of March 17, 2003. The motion carried by the following Members/Commissioners Estrada, Longville, Anderson, Mccammack. Nays: None. Absent: vote: Ayes: McGinnis, Derry, None . COMMUNITY DEVELOPMENT COMMISSION ITEMS Staff Present Council Suarez, Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack; City Attorney Penman, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel, City Clerk Clark. Absent: None. R20. Public hearing -reallocation of Community Development Block Grant (CDBG) funds for Downtown "E" Street Median Project -award of construction contract and Old Towne Streetscape Plan. (Continued from January 27, 2003) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract to International Pavement Solutions, Inc. for the construction of the Downtown "E" Street Median Project. The hearing remained open. Mayor/Chairman Valles announced that staff was recommending that this item be tabled; however, she had requested staff to look into less costly options that would still enable the City to enhance the "E" Street corridor. 13 3/3/2003 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following Members/Commissioners Estrada, Longville, Anderson, McCammack. Nays: None. Absent: vote: Ayes: McGinnis, Derry, None. Council Suarez, R2 l. Covenant Development Agreement -Covenant Development Inc., and Amendment No. One to the Loan Agreement for the Verdemont Improvements (Continued from February 3, 2003) 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. R21A 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. R21B Note: The resolutions were not included in the backup materials. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 14 3/3/2003 R22. Tippecanoe Retail Project -Inland Valley Development Agency Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission of the City of San Bernardino authorize the Executive Director to execute the Operating Memorandum No. 2 dated March 3, 2003, by and between the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino together with such non-substantive changes as are approved by the City Attorney . The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None . Absent: None . R23 . Neighborhood Revitalization Programs [Old Towne San Bernardino, 6th to 9th Streets, F Street to 1-215; Neighborhood Initiative Program (NIP) Target Area #1] RES. CDC/2003-7 -A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director to execute the Old Towne Single-Family Acquisition and Construction Grant Funding Agreement with Creative Housing Solutions, a non-profit organization (acquisition of vacant lots, development of new housing and possible relocation of district homes in Old Towne). Council Member/Commissioner Mccammack advised that she would abstain on this item due to the fact that she owns property in the area. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Community Development Commission of the City of San Bernardino accept and approve the Conceptual Beautification Action Team (BAT) Neighborhood Revitalization Strategy for the Old Towne San Bernardino Area, generally located between 6th and 9th Streets, F Street to the 1-215 (Central City North and Uptown Redevelopment Project Areas); and that said resolution be adopted. (Note: The motion was later divided into two separate motions for voting purposes.) Council Member/Commissioner Longville spoke regarding the Beautification Action Team (BAT) Proposed Strategy included with the staff report. She noted that under the heading, Short-term action items (first 6 months), the 5 th bullet reads, "Engage social services agencies as partners to help address community needs (jobs, child care, elder care, etc.)"; and she would like to add 15 3/3/2003 homelessness and drug rehabilitation to the needs listed in parentheses. She added that she would also like to see the 5th bullet continued as a Long-term action item (6 months and beyond). City Attorney Penman advised that for several years, two mayors and three councils have said "no" to a drug rehabilitation facility in this area. He pointed out that it is across from the Feldheym Library at 6th and F Streets, and the City has been engaged in three different lawsuits to prevent a drug rehab facility from going in on the northeast corner of 6th and F Streets. He added that an elementary school is being planned for that vicinity, and if it wasn't appropriate to put a drug rehab facility near the library, how could they justify putting it where there is a school and a library . He added that it puts his office in a very awkward position legally when they go into court, as they have done in the past, and say to the court, that the mayor and council do not want a rehab facility in that vicinity; and then we turn around and come back and say that we do. Council Member/Commissioner Longville stated that by no means did she think that talking about engaging to work with agencies to address the community needs implied that she was suggesting that the City site a facility there. She stated that homelessness and drug rehabilitation are very big needs in that community; however, her suggested changes do not mean having a facility, but they do mean dealing with the need. She stated that she would be glad to phrase it in such a way that it is very clear that she is not putting the City in a position where it looks like she is suggesting support of a drug rehab facility there in the future. City Attorney Penman stated that he did not see where the amendments suggested by Ms. Longville could be included in the document and reiterated that it was very inconsistent for the Mayor and Council to take the actions they have taken in the past and fight the battles that they have fought, and then put something like that in this document. Mayor Valles inquired whether the maker and second of the motion had included the amendments as requested by Council Member/Commissioner Longville in their motion; and they answered in the negative. Council Member/Commissioner Longville stated that she would like to see the motion separated into two items, as she could not support the BAT Proposed Strategy without addressing the needs of the homeless and drug rehabilitation. 16 3/3/2003 The vote was taken on the first portion of the motion, "that the Community Development Commission of the City of San Bernardino accept and approve the Conceptual Beautification Action Team (BAT) Neighborhood Revitalization Strategy for the Old Towne San Bernardino Area, generally located between 6th and 9th Streets, F Street to the I-215 (Central City North and Uptown Redevelopment Project Areas). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson. Nays: Council Member/Commissioner Longville. Abstentions: Council Member/ Commissioner Mccammack. Absent: None . Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2003-7 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None . Abstentions : Council Member/Commissioner Mccammack. Absent: None. 24 . Public Comments James T. Hall, 1688 Massachusetts, San Bernardino, CA, stated that the City needs to look for better ways of marketing the ballpark-that it is not adequately marketed. Mike Hanson of Yucaipa, CA, a small business owner in the City of San Bernardino, asked what had happened to the City's rotation program for towing companies and why a decision had not been made. Council Member/Commissioner Longville advised that after the matter came before the Legislative Review Committee, she thought there was a rotation program. The City Attorney then said there were legal issues, and that he would bring it back; however, he has not done so. S 1. RES. 2003-65 -Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a certain EIR Consultant and the form of Consultant Contract as requested by the San Bernardino Regional Water Resources Authority. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 17 3/3/2003 Resolution No. 2003-65 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, Mccammack. Nays: None. Absent: Council Member/Commissioner Suarez. S2. Independent Accountants' Report evaluating San Bernardino Stampede compliance with the Stadium Lease Agreement for the year ended September 30, 2002. City Administrator Wilson provided an overview of the staff report, noting that the review by the auditors had raised several outstanding issues which need to be resolved between the team and the City. He noted that staff was recommending that the matter be referred to the Ways and Means Committee. Council Member/Commissioner Derry stated that these issues came to the attention of the City near the end of February, and questioned whether the 66ers and City staff had had an opportunity to sit down and discuss the matter. He expressed concern that the issue might not be ready to send to a policy committee at this time. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Council give staff the opportunity to sit down with the 66ers to discuss these issues; and then, if there is a policy issue, it would be referred to the Ways and Means Committee. City Attorney Penman stated it was not appropriate for the matter to be referred to staff-that it had already been to staff, and staff had arranged a meeting last week or the week before with the 66ers. At that time, the 66ers had told staff that they would have their accountant at the meeting; however, the accountant did not show, and the 66ers tried to turn it into a meeting to deal with the soccer fields. He advised that this was an audit that showed serious problems, and it was apparent the 66ers were not cooperating at the present time with staff, and it was the responsibility of the Council to get the parties to the table. Council Member/Commissioner Mccammack stated that she felt the public should know that when the City Administrator had a concern about the electricity, the team was asked to put some money into escrow to try and balance the account and they did so. She advised that she thought staff had already spent three or four months trying to work this through; however, there was still a lot of room for discussion and a way to work this out. She added that she also trusted staff, and if they felt it was time to go to the Ways and Means Committee, then the Council should honor their request. 18 3/3/2003 Council Member/Commissioner Mccammack made a substitute motion, seconded by Council Member/Commissioner Estrada, that the matter be referred to the Ways and Means Committee. (Note: The vote was taken on the substitute motion after a vote was taken on the original motion.) The motion made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner McGinnis, to refer the matter back to staff failed by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry. Nays: Council Members/Commissioners Estrada, Suarez, Anderson, Mccammack. Absent: None. The substitute motion made by Council Member/Commissioner Mccammack, seconded by Council Member/Commissioner Estrada, that the matter be referred to the Ways and Means Committee carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. Joseph Samaro, 25353 Huron Street, Loma Linda, CA, stated that the City should take over the baseball field like they did the soccer fields and create a "Field of Dreams" for our young people. S3. RES. 2003-66 -Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Essex Construction, Inc. for the upgrade playground equipment/surfacing at fourteen (14) park sites project, per Plan No. 10595. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-66 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 19 3/3/2003 25. Adjournment At 5:29 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, March 17, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 28 No. of Hours: 4 20 RACHEL G. CLARK City Clerk By: ~ cf? ('144_ indaE. Hartzel Deputy City Clerk 3/3/2003