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HomeMy WebLinkAbout06-02-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 2, 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 1:38 p.m., Monday, June 2, 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, Longville, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner McGinnis. Council Member/Commissioner McGinnis Arrived At 2:50 p.m., Council Member/Commissioner McGinnis arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michelle Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC/San Bernardino Superior Court Case No. SCVSS 100619; Thomas Nunez, Victor Nunez v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCISS 099063; Manta Management Corporation v. City of San Bernardino - San Bernardino Superior Court Case No. SCV18157; Cassandra Dailey v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 94774; 6/2/2003 Ruby Howard v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 095713; California Bio-Mass v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 083473; David Sanborn v. Ciiv of San Bernardino - San Bernardino Superior Court Case No. SCVSS 078410 consolidated with SCVSS 84862 and SCVSS 91020; La France Hamilton v. City of San Bernardino - United States District Court Case No. EDCV 00-107 RT (RNBx); Adrian Eugene Moore v. City of San Bernardino - United Stated District Court Case No. 01-03064 RGK (RZ); Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez - United States District Court Case No. EDCV 02-142 RT (SGLx); Alvarez & Associates, et al. v. City of San Bernardino, et al. - United States District Court Case No. 00-03048 GHK (Rcx); Shirley J. Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT (VAPx); Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 VAP (SGLx); Jonathan Smith v. City of San Bernardino, et al. - United States District Court Case No. CV 98-1990-GAF (Ctx). 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. 2 6/2/2003 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: 1. Property Address: APN 0281-091-39 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and JAKS, L.L.C., property owner Under Negotiation: Purchase price, terms & conditions 2. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-01 Cecilia Moreno and Robert Newman 0281-081-02 Cecilia Moreno and Robert Newman 0281-081-03 Cecilia Moreno and Robert Newman 0281-081-16 Francisco Perpuly, Jonathan Viega 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong Under Negotiation: Purchase price, terms & conditions 3. Property Address: APN 0281-082-057 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner 3 6/2/2003 Under NeLotiation: Purchase price, terms & conditions 4. PropertN, Address: APN 0141-241-14, 0141-241-29, 0141-241-30, 0141-241-32, 0141- 241-02, 0141-251-03, 0141-251-07, 0141-251-29, 0141-251-30, 0141- 251-31, 0141-251-33 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Ken Miller, County Flood Control Under Negotiation: Purchase price, terms & conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: San Bernardino Residents for Responsible Development v. City of San Bernardino, et al. - 4" Appellate District Court Case No. E032640; Richard P. Avila, et al. v. Mike Grubbs, et al. - San Bernardino Superior Court Case No. SCVSS 084862; Avila Construction, Inc. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 091020. Under Agenda Item Nos. 113, significant exposure to litigation, and 1C, initiation of litigation: The expansion of the San Manuel Band of Mission Indians casino. City Attorney Penman announced that the following cases had also been discussed in closed session: Under Agenda Item No. IA, existing litigation: Steven L. Filson v. City of San Bernardino, et al. - United States District Court Case No. CV 03-2948 DDP. Under Agenda Item No. 1C, initiation of litigation: of San Bernardino v. Gilbert Lara. 4 6/2/2003 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 Father James McLaughlin of Our Lady of Assumption Catholic Church, followed by the pledge of allegiance, led by Marie Colella, a graduating student from Anderson School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Mayor Valles presented a certificate to Father James McLaughlin to honor him on the occasion of becoming a citizen of the United States. Mayor Valles presented a resolution of commendation to Ray and Magdalena "Neva" Negrete, in recognition of their 50 years in business and retirement as owners of Nena's Restaurant. Mayor Valles presented the Old Towne Property of the Month award for the month of February to Ricardo and Elvira Gonzalez. Although they could not be present, Felix and Gloria Trujillo received the award for January and Homero and Irasema Angulo for the month of March. Certificates of appreciation were presented by Mayor Valles to local graduating seniors who are members of the National Charity League in recognition of the thousands of hours they have volunteered to community service. Alexander Converse Scott, a 12-year-old student and resident of San Bernardino who was recently chosen as an Inland Empire People -to -People Student Ambassador and will be visiting France, Spain, Switzerland, and Germany during the month of July, was presented a certificate designating him as an Ambassador of Goodwill for the City of San Bernardino by Mayor Valles. 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 6/2/2003 5 91 7 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, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 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: April 7, 2003; April 21, 2003; May 5, 2003; May 13, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 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 May 27, 2003 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. 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 May 27, 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. 6 6/2/2003 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-1144 - An Ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts) of the San Bernardino Municipal Code (Development Code) related to second units. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. RES. 2003-112 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to renew the Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-112 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. RES. 2003-113 - Resolution of the City of San Bernardino authorizing the renewal of a maintenance contract for maintenance services on the Computer -Aided -Dispatch System (CAD), Police Records Management System (PRMS) and Mobile Data software used by the Police and Fire Departments from Tiburon, Inc., of Fremont, California. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-113 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7 6/2/2003 12. RES. 2003-114 - Resolution of the City of San Bernardino authorizing the renewal of the existing maintenance contract for Police and Fire Mobile Data Computers (MRCS) with Motorola Corporation of Riverside, California. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-114 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2003-115 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement, with two single year renewal options, to Harris Computer Systems for maintenance and support of Unidata, SB+ and financial modules for the City's financial system and the Municipal Water Department's financial system. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-115 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2003-116 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-116 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2003-118 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 996700 to Bryan A. Stirratt and Associates for installation of landfill gas monitoring probes at the former Waterman Landfill. 8 6/2/2003 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 02/03 Refuse Budget to transfer $41,400 from the Refuse Unallocated Fund balance to Account No. 527-415-5502, Professional Services. The motion carried and Resolution No. 2003-118 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. RES. 2003-117 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Second Amendment to the Waste Disposal Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-117 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2003-119 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to submit an application to accept the FY 03/04 Juvenile Accountability Incentive Block Grant. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-119 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. An Ordinance of the City of San Bernardino amending Section 8.68.010 of the San Bernardino Municipal Code relating to aerosol containers and certain marker pens inaccessible to public to include etching cream. FIRST READING Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be laid over for final adoption. 9 6/2/2003 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 reviewed highlights of the backup material regarding the governor's May budget revision, stating that there were two key items relative to the State's budget —the Vehicle License Fee (VLF), where timing is critical in order to prevent a two to three month gap when no VLF payments are made to local government; and the transportation money that is used to repair local streets, which has been put back into the State's budget. Council Member/Commissioner McCammack commented on the concerns relative to keeping businesses here in the state and the biggest problem being the Workers Compensation Rates, which have tripled in the last 24 months. Council Member/Commissioner McGinnis advised that unfunded mandates from the state and federal government are also a problem; however, repeal of some of these mandates has been proposed and/or letting the cities decide if they want to fund them or not. 20. Determine Public Convenience or Necessity - Type 20 (off -sale beer & wine) ABC License - service station with a 2,780 square foot convenience store with a drive-thru restaurant - northwest corner of Waterman Avenue and Orange Show Road - CG-1, Commercial General, land use district Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council determine that the public convenience or necessity would be served by the issuance of the license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off -sale beer and wine) ABC License for a service station with a 2,780 square foot convenience store with a drive-thru restaurant located at the northwest corner of Waterman Avenue and Orange Show Road in the CG-I, Commercial General, land use district. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: Council Member/Commissioner Anderson. Absent: None. 10 6/2/2003 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Member/Commissioner McCammack. Council Member/Commissioner McCammack Returned At 7:32 p.m., Council Member/Commissioner McCammack returned to the Council/ Commission meeting. R21. Joint Public hearing - State College Redevelopment Project Area - Plan Amendment - reinstate eminent domain (Continued from May 19, 2003) RES. CDC/2003-19 - Resolution of the Community Development Commission of the City of San Bernardino, making a finding that conditions of blight burden the Redevelopment Project Area of the State College Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2003 Eminent Domain Amendment to the Redevelopment Plan for the State College Redevelopment Project, approving the 2003 Eminent Domain Amendment to the Redevelopment Plan for the State College Redevelopment Project and adopting a negative declaration in accordance with the California Environmental Quality Act. An Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2003 Eminent Domain Amendment to the Redevelopment Plan for the State College Redevelopment Project and adopting a negative declaration in accordance with the California Environmental Quality Act. FIRST READING Mayor/Chairman Valles opened the joint hearing. Affidavits of mailing and publication, marked Exhibits 8 and 9, were accepted in evidence without objection. Mike Trout, Project Manager, Economic Development Agency, provided an overview of the staff report including a summary of background information and reasons for the Amendment to the Redevelopment Plan for the State College Redevelopment Project. Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the Agency's report to the Mayor and Common Council. 11 6/2/2003 Nancy Ferguson, Senior Project Manager, Lilburn Corporation, presented information on the Initial Study and Negative Declaration. The Amendment to the Redevelopment Plan for the State College Redevelopment Project (Exhibit 2); the Report to the Mayor and Common Council on the Amendment to the Redevelopment Plan for the State College Redevelopment Project (Exhibit 3); the Negative Declaration and Initial Study (Exhibit 5); and the written staff report (Exhibit 10) were accepted in evidence. City Clerk Clark advised that no written objections (Exhibit 4) had been received regarding the reinstatement of eminent domain in the State College Redevelopment Project Area. Mayor/Chairman Valles called for testimony from members of the public. No testimony or 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. CDC/2003-19 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/ Commissioner McCammack. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. R22. Public hearing - sale of surplus Water Department property located at the northwest corner of University Parkway and Northpark Boulevard by the City to the Redevelopment Agency for subsequent sale to the J.R. Watson & Associates Development Company (Continued from May 19, 2003) 12 6/2/2003 RES. CDC/2003-20 - A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving the purchase of certain property from the City of San Bernardino and the disposition of said property to J. R. Watson & Associates Development Co. and approving that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co. (R22A) RES. 2003-120 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Purchase and Sale Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino relating to property located at the northwest corner of University Parkway and Northpark Boulevard in the City of San Bernardino. (R22B) Mayor/Chairman Valles opened the hearing. Gary Van Osdel, Executive Director, Economic Development Agency, provided an overview of the staff report. Council Members/Commissioners Anderson, Estrada, and Suarez advised that the matter had been carefully studied by the Redevelopment Committee and expressed approval of the proposed project. Bernard Kersey, General Manager, Water Department, pointed out that the $3 million generated by the project will stay in the north -end and be reinvested into the infrastructure in that area. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the public hearing be closed; and that said resolutions be adopted. The motion carried and Community Development Commission Resolution No. CDC/2003-20 and Mayor and Common Council Resolution No. 2003-120 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13 6/2/2003 R23. Public Hearing - Consider application for Section 108 Loan Guarantee - Focused Neighborhood Revitalization Program RES. 2003-121 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving the proposed Section 108 Loan Guarantee application for the Focused Neighborhood Revitalization Program and authorizing and approving the submittal of the final application to the U.S. Department of Housing and Urban Development (HUD) and for public distribution. Mayor/Chairman Valles opened the hearing. Executive Director Van Osdel noted that four additional areas had been added to the original list of targeted neighborhood areas approved for use of Section 108 loan funds, and the Council now needed to approve the application. Council Member/Commissioner McCammack stated that at a recent housing meeting held by the Chamber of Commerce there had been discussion regarding what the City and the Economic Development Agency are doing to stimulate economic growth in the area. She stated that she and Council Member/ Commissioner Longville had explained the application of this $10 million and the targeted areas that had been selected by the Council as a whole. Discussion had ensued regarding the need to include the areas along the 215 Freeway as targeted areas. Although she and Ms. Longville had explained that some of the area along the 215 Freeway is already within certain redevelopment project areas, several individuals expressed hope that the Council would not forget the areas along the freeway, as some of these properties are key to turning around some of the commercial areas, and she had agreed to relay this information publicly to the other Council/Commission members. Council Member/Commissioner Longville stated she was pleased to see Section 108 monies being used for and within neighborhoods as opposed to single purpose projects used to turn neighborhoods around. She stated that so often a wonderful new development is "planted" in a neighborhood, yet the blighted surrounding area still exists, the investment doesn't necessarily occur, and the blight doesn't get turned around quite as quickly. City Attorney Penman stated it was a good thing that the Mayor and Council had held a workshop on this matter, as several additional areas had been added, increasing the areas in which the money can be spent, including the Arden Guthrie soccer complex area, the Westside, the 40`h Street Redevelopment Project Area, and the Uptown Area. 14 6/2/2003 Council Member/Commissioner Estrada stated that she hoped staff would approach the use of these funds very cautiously and in light of other projects being proposed or contemplated for these areas, in order to combine projects, if possible, and get more "bang for the buck. " Council Member/Commissioner Anderson wanted to be sure that the order in which the projects were listed in the document, was not the order in which the projects would be addressed. She felt the money should be spent according to need and did not believe the projects were currently listed by priority. No public comments were received. City Attorney Penman advised that Council Member/Commissioner McCammack owns property in one of the several targeted areas —the Uptown Area —and he and Special Counsel Sabo were trying to figure out how it could be excised out and allow her to still vote on the majority of the areas. He stated that since the only thing she has to abstain on is Area F (the Uptown Area), and the resolution covers a lot more than that, it would be good if they could excise it, but they could not figure out a convenient way to do so. Therefore, he recommended that Ms. McCammack abstain from voting on this matter, even though only a small part of the vote affects Uptown. Discussion ensued regarding the best way to allow Ms. McCammack to vote on all the other areas without voting on Area F. Special Counsel Sabo suggested a supplemental Exhibit B, so there would be one exhibit with the Uptown Area and another exhibit without the Uptown Area. Following further discussion, City Clerk Clark asked Mr. Sabo if he was suggesting that two separate votes be taken on the same resolution, or was he suggesting a duplicate resolution. Mr. Sabo recommended that the Council take two votes —one vote to approve the resolution without the Uptown Area, and a second action to simply add as an addendum to the resolution one additional area, which would be the Uptown Area. This would result in two exhibits —Exhibit B (which would not include Area F - Uptown) and Exhibit B-1 (which would include only Area F - Uptown). Ms. McCammack could then participate in the first vote, but would abstain when the second vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; and that said resolution be adopted, with the exception of Area F. 15 6/2/2003 The motion carried and Resolution No. 2003-121 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council approve Exhibit B-1 (Area F - Uptown), to be included as an addendum to Resolution No. 2003-121. Council Member/Commissioner McCammack left the room, stating that she would abstain on this vote because she owns property in the Uptown Area. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. Note: The resolution also included Exhibit A, a map of the eight focused neighborhood revitalization areas. The Council/Commission specifically wished to except Area F (Uptown) from the adoption of the resolution. Therefore, for consistency with their intent, Exhibit A-1 was created showing a map of the Uptown Area only and Exhibit A was amended to depict the other seven areas. R24. RES. CDC/2003-21 - A Resolution of the Community Development Commission of the City of San Bernardino approving Amendment No. 2 to Operation and Management Agreement by and between Redevelopment Agency of the City of San Bernardino and Theatrical Arts International. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2003-21 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. Public Comments Robert Rego, 607 East 20' Street, San Bernardino, CA, stated that he had attended the recent Neighborhood Revitalization Summit and found it to be very exciting and enlightening. He also announced a Support the Troops rally to be held at the Perris Hill Park on Saturday, June 7. 16 6/2/2003 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted into the record and spoke regarding the following two articles: Drug War -Real War and CIA Mind -Control Operations and THE SYNDROME. James T. Hall, 1688 Massachusetts, San Bernardino, CA, spoke regarding the downtown area and urged the Mayor and Common Council to use whatever clout they have to influence the Carousel Mall management personnel to find other retail stores for the mall. S 1. RES. 2003-122 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement between the City of San Bernardino and the Patrons of the Roosevelt Bowl to provide support services for Market Night at Perris Hill Park. The following individuals spoke in support of the Market Night at Perris Hill Park: Jeff Grande, 29869 Worley Court, Highland, CA, Patrons of the Bowl Vice President and General Manager of Junior University of San Bernardino, Inc. Dennis Baxter, 327 East 17" Street, San Bernardino, CA, president of the Perris Hill Neighborhood Association. Mark Westwood, 1670 N. Lugo Avenue, San Bernardino, CA, Patrons of the Bowl President and Second Ward Parks and Recreation Commissioner. Scott West, 2757 Akron Street, San Bernardino, CA, president of the Verdemont Neighborhood Association. Robert Rego, 607 East 20' Street, San Bernardino, CA, whose business and residence are located near the Perris Hill Park. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-122 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. S2. RES. 2003-123 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 96-188 relating to Section 5.03.370 of the San Bernardino Municipal Code concerning business registration and permit fees. 17 6/2/2003 Council Member/Commissioner Longville noted that this was a companion item to Agenda Item No. S1; that the resolution would set a Business Registration Fee of $24 per year for "Vendors that participate in Market Night at Perris Hill Park, sponsored by Patrons of the Roosevelt Bowl, and pay a space fee to that organization. " Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-123 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. S3. Endorsement by Mayor and Common Council - First Annual Puppet Festival - Cal State University, San Bernardino, Recital Hall — July 11-12, 2003 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council endorse the First Annual Puppet Festival at Cal State University, San Bernardino to be held on July 11-12, 2003, with all proceeds going to individuals with development disabilities. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. Adjournment At 8:39 p.m., the meeting was adjourned to 5:30 p.m., Thursday, June 12, 2003, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. The next joint regular meeting is scheduled for 1:30 p.m., Monday, June 16, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 29 No. of Hours: 4.5 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 18 6/2/2003