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Home My WebLink About03-26-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING MARCH 26, 2001 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting held at 8 a.m., Monday, March 19, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of the adjournment of said meeting held on Monday, March 19, 2001, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 1 p.m., Tuesday, March 20, 2001, on or near the door of the place at which said meeting was held. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission was called to order by Mayor Valles at 8:32 a.m., Monday, March 26, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles, Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. City Attorney Penman announced that the following additional items would be discussed in closed session: Agenda Item No.2 regarding Avila Construction (see Agenda Item No. IB below); possible initiation of litigation against the State of California Department of Corrections for housing an excessive number of parolees within the City of San Bernardino; and also the City of San Bernardino vs. Jaime Alvarez, et al. (see Agenda Item No. lC below). 1 3/26/2001 RECESS MEETING - CLOSED SESSION At 8:36 a.m., the Mayor and Common Council and the Commission recessed to closed session for the following: (1) Community Development Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Highland Hills Homeowner Association v. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. 241464; Soliman v. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 00-00301 V AP; Cumming. et al. v. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 66744. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. Termination of contract with Avila Construction - street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479, authorization to pay approximately $30,300 to Avila Construction for work completed and authorization for direct purchase of the 12" and 16" water line pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to verification of actual vendor invoice and reasonable handling costs C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Citv of San Bernardino. Redevelopment A~encv of the Citv of San Bernardino. Economic Development Agencv v. Jaime Alvarez, Marisela Alvarez Labistida. Eunice Alvarez. Elena Alvarez Labistida. Gina Alvarez Bosch. Adrienne Christine Holes. Hector Labistida. Jason Omar Bosch. Does I-50 D. 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 3/26/2001 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. ProDertv Address: 11.17 acres of a portion of APN 136-111-22 Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Jerry Frazer on behalf of Pirettes Under Negotiation: Purchase temlS and negotiations CLOSED SESSION At 8:36 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Empefto, Administrative Operations Supervisor Anderson, City Attorney's Office; Director James Funk, City Engineer Casey, and Principal Planner Ross, Development Services; Special Counsel Sabo, Economic Development Agency. CITY ATTORNEY PENMAN EXCUSED At 8:48 a.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN RETURNED At 8:52 a.m., City Attorney Penman returned to the closed session. SPECIAL COUNSEL SABO & PRINCIPAL PLANNER ROSS EXCUSED At 9:30 a.m., Special Counsel Sabo and Principal Planner Ross left the closed session. RECESS CLOSED SESSION At 10: 16 a.m., Mayor Valles declared a five-minute recess. RECONVENE CLOSED SESSION At 10:23 a.m., Mayor Valles reconvened the closed session in the conference room of the Council Chambers of City Hall. 3 3/26/2001 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark. Absent: Council Member Anderson; City Administrator Wilson. COUNCIL MEMBER McGINNIS EXCUSED At 10:40 a.m., Council Member McGinnis left the closed session. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL ARRIVED At 11:30 a.m., Economic Development Agency Executive Director Van Osdel arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE, SPECIAL COUNSEL SABO & ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON RETURNED At 11:31 a.m., Senior Assistant City Attorney Carlyle, Special Counsel Sabo and Administrative Operations Supervisor Anderson returned to the closed session. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & SPECIAL COUNSEL SABO EXCUSED At 11:42 a.m.. Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo left the closed session. ADJOURN CLOSED SESSION At 11:47 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11 :48 a.m., Mayor Valles reconvened the jlJint adjourned regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark. Absent: Council Members McGinnis, Anderson; City Administrator Wilson. 4 312612001 TERMINATION OF CONTRACT - AVILA CONSTRUCTION - STREET IMPROVEMENTS - ART TOWNSEND DRIVE & OTTO GERICKE DRIVE - SAN BERNARDINO INTERNATIONAL AIRPORT - PLAN NO. 9479 - AUTHORIZATION TO PAY APPROXIMATELY $30,300 TO AVILA CONSTRUCTION FOR WORK COMPLETED & AUTHORIZATION FOR DIRECT PURCHASE OF THE 12" AND 16" WATER LINE PIPE & FITTINGS CURRENTLY STORED AT THE SITE FOR AN ESTIMATED AMOUNT OF $125,000 SUBJECT TO VERIFICATION OF ACTUAL VENDOR INVOICE & REASONABLE HANDLING COSTS (2) Council Member Estrada made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be continued to April 2, 2001. PRESENTATION BY DURAND RALL, GENERAL MANAGER OF OMNITRANS (3) Council Member Estrada stated that she would be abstaining from voting on the matter given that she is the City's alternate on the Omnitrans Board. City Attorney Penman stated that both the Mayor and Ms. Estrada were advised to abstain from voting on this matter. Council Member Lien made a motion, seconded by Council Member Suarez, that the matter be continued to April 2, 2001, and that the City Attorney report back to the Council the experts needed for an investigation and the projected costs for initiating litigation against Omnitrans for nuisance abatement. The motion carried by the following vote: Ayes: Council Members Lien, Suarez, McCammack. Nays: None. Abstentions: Council Member Estrada. Council Members McGinnis, Anderson. Schnetz, Absent: CLOSED SESSION ANNOUNCEMENT (1C) City Attorney Penman stated that when the closed session decisions were publicly announced at the Council meeting of March 19, 2001, Mr. Jaime Alvarez stated that he had been doing business with Express Printing, which is owned by Council Member Wendy McCammack. Mr. Penman stated that the Fair Political Practices Commission (FPPC) advised Ms. McCammack to disqualify herself due to the fact that she was unaware at the time of her vote that Mr. Alvarez had done $500 or more business with Express Printing within 12 months preceding the vote. The FPPC advised Ms. McCammack to withdraw her vote, including any seconds and motions, and abstain from taking any action on the matter for a period of 12 months from the date on which $500 of business was transacted. 5 3/26/2001 City Clerk Clark announced that during closed session the following motions, which were the same motions approved during closed session at the Council meeting of March 19, 2001, were approved. Council Member Suarez made a motion, seconded by Council Member Estrada, that the filing of the aforementioned lawsuit by the City of San Bernardino, Redevelopment Agency of the City of San Bernardino, Economic Development Agency, be authorized; that the hiring of Attorney Joseph Arias with the law firm of Lewis, D' Amato, Brisbois and Bisgaard, in an amount not to exceed $50,000 for the purpose of filing the aforementioned lawsuit, be authorized; that the directives given by Mayor Valles to personnel at the Economic Development Agency to suspend all activities with Jaime Alvarez and Associates and cooperate fully with the investigation, be ratified; and that all expenses related to the lawsuit be paid out of Economic Development Agency funds. The motion carried by the following vote: Ayes: Council Members Estrada. Lien, McGinnis, Suarez. Nays: None. Abstentions: Council Members Schnetz, McCammack. Absent: Council Member Anderson. Council Member McCammack stated that four motions were unanimously passed concerning Jaime Alvarez during closed session at the Council meeting of March 19, 2001. Ms. McCammack indicated that at the time of each vote she believed that at most she had an indirect. but not a material interest in such votes, and that Alvarez and Associates had done periodic business with Express Printing over the years. Ms. McCammack stated that she had been advised that at the time of the four votes, the level of the periodic business would be described as direct and material. Ms. McCammack indicated that she was changing her four votes from a "yes" to an "abstention" and was withdrawing as a maker or second on said motions. Ms. McCammack stated that she would attend any future discussions regarding the matter as an observer and not as a participant until such time as the level of said periodic business no longer precluded her participation. Mr. Penman stated that Council Member McCallunack would again be able to vote on matters involving Mr. Alvarez once the 12-month period had passed. City Clerk Clark stated that at the last Council meeting, the City Attorney's Office requested that an item be placed on the Agenda regarding the Mortgage Assistance Program, and she clarified for the record that it was requested by the City Attorney's Office that the matter not be placed on the Agenda at this time. 6 3/2612001 ADJOURNMENT (4) At 11 :56 a.m., the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to Monday, April 2, 2001, in the Council Chambers of City Hal!, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY{~ M~) Linda Sutherland Deputy City Clerk No. of Items: 4 No. of Hours: 3.5 7 3/26/2001