HomeMy WebLinkAbout04-16-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 16, 2001
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
Valles at 8:06 a.m., Monday, April 16, 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.
RECESS MEETING - CLOSED SESSION (Discussed later in the meeting
- pages 16 & 19) (1)
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. - San Bernardino Superior Court
Case No. SCVSS 66744;
Citv of San Bernardino Municipal Water Department v. The United States
Department of the Armv - United States District Court Case No. CV 96-
8867, consolidated with CV 96-5205;
Cervantes v. Citv of San Bernardino - San Bernardino Superior Court Case
No. SCV 54794;
Roy Gonzales, Adolpho Arellano. Richard Robledo, Salvador Jimenez y.
The City of San Bernardino - San Bernardino Superior Court Case No.
SCVSS 54993;
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John Windley v. City of San Bernardino. et al.- United States District Court
Case No. CV 98-6247 AJW;
Alyarez & Associates, et al. Y. City of San Bernardino. et al - United States
District Court Case No. 00-03048 GHK (Rcx).
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Goyernment
Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9:
City of San Bernardino, Redeyelopment Agency of the City of San
Bernardino, Economic Development Al!ency v. Jaime Alyarez, Marisela
Alvarez Labistida, Eunice Alyarez. Elena Alyarez Labistida, Gina Alvarez
Bosch, Adrienne Christine Holes, Hector Labistida, Jason Omar Bosch. Does
1-50.
D. Closed Session - personnel - pursuant to Goyernment 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 seryices
or public facilities - pursuant to GOyerllinent Code Section 54957.
F. Conference with labor negotiator - pursuant to Goyernment Code Section
54957.6.
Negotiator:
Fred Wilson, City Administrator
Emplovee Orl?anization:
San Bernardino Confidential Management Association
G. Conference with real property negotiator - pursuant to Goyernment Code
Section 54956.8.
CLOSED SESSION
At 8:06 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
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Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member
Anderson.
Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City
Attorneys Barnes, Easland, and Empeiio, Administrative Operations Superyisor Anderson,
City Attorney's Office; General Manager Kersey, Water Department; and Special Counsel
Thomas Jacobson of Gresham, Savage, Nolan and Tilden.
WATER DEPARTMENT GENERAL MANAGER KERSEY, DEPUTY
CITY ATTORNEY EMPENO & SPECIAL COUNSEL JACOBSON
EXCUSED
At 8:31 a.m., Water Department General Manager Kersey, Deputy City Attorney
Empeiio and Special Counsel Jacobson left the closed session.
CITY ADMINISTRATOR WILSON, SENIOR ASSISTANT CITY
ATTORNEYS CARLYLE & SIMMONS, DEPUTY CITY ATTORNEYS
BARNES & EASLAND, & ADMINISTRATIVE OPERATIONS
SUPERVISOR ANDERSON EXCUSED
At 8:52 a.m., City Administrator Wilson, Senior Assistant City Attorneys Carlyle &
Simmons, Deputy City Attorneys Barnes and Easland, and Administratiye Operations
Supervisor Anderson left the closed session.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR
V AN OSDEL & DIRECTOR OF HOUSING AND COMMUNITY
DEVELOPMENT PACHECO ARRIVED
At 8:52 a.m., Economic Deyelopment Agency Executiye Director Van Osdel and
Director of Housing and Community Deyelopment Pacheco arriyed at the closed session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on
the regular agenda of the Mayor and Common Council and Community Development
Commission while the Mayor and Common Council and Community Deyelopment
Commission were in closed session.
ADJOURN CLOSED SESSION
At 9:20 a.m., the closed session adjourned to the Council Chambers of City Hall.
RECONVENE MEETING
At 9:22 a.m., Mayor Valles reconyened the joint regular meeting of the Mayor and
Common Council and Community Deyelopment Commission.
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; Deputy
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City Attorney Easland, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Anderson.
Mayor Valles asked that a moment of silence he obseryed in memory of long-time
community leader Erna Schuiling, who passed away last week, and extended her sympathy
to the Schuiling family.
INVOCATION
The inyocation was giyen by Father Patricio Guillen of Libreria del Pueblo.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Amanda Gil, a student at Ramona Alessandro
School.
APPOINTMENTS - ANIMAL CONTROL COMMISSION - HUMAN
RELATIONS COMMISSION - COUNCIL MEMBER SCHNETZ -
MAYOR V ALLES (2)
Mayor Valles submitted staff reports dated April 6, 2001, recommending Carl
Clemons, her appointee to the Human Relations Commission; and recommending Sue
Dawson (currently the Mayor's Alternate) to the Animal Control Commission as requested
by Council Member Schnetz.
Council Member McGinnis made a motion, seconded by Council Member Estrada,
and unanimously carried, that the appointments of Sue Dawson to the Animal Control
Commission and Carl Clemons to the Human Relations Commission, as requested by
Council Member Schnetz and Mayor Valles, be approved.
PROCLAMATION - NATIONAL INFANT IMMUNIZATION WEEK -
APRIL 22-28, 2001 (3)
Teri Rubi, Executiye Assistant to the Mayor, read a proclamation declaring April
22-28,2001, National Infant Immunization Week.
The proclamation was accepted by Sandra Finney-Zane, who announced the
ayailability of a new yaccine that helps preyent the most common cause of ear infection and
pneumonia among young children. She stated that Ihe Health Department offers clinics
throughout the County, and the fee is $8.
PROCLAMATION - NATIONAL VOLUNTEER WEEK - APRIL 22-28,
~1 W
Teri Rubi, Executiye Assistant to the Mayor, read a proclamation declaring April
22-28,2001, National Volunteer Week.
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The proclamation was accepted by Robin Kelley, Executiye Director of the
Volunteer Center of the Inland Empire.
PROCLAMATION - DAYS OF REMEMBRANCE, VICTIMS OF THE
HOLOCAUST - APRIL 15-22, 2001 (3)
Teri Rubi, Executiye Assistant to the Mayor, read a proclamation declaring April
15-22, 2001, Days of Remembrance, Victims of the Holocaust.
PRESENTATION - "LIFE SAVING" MEDALS TO RUBEN GIL,
CARLTON PURNELL & ADAM DELEON - FROM FIRE CHIEF
PITZER & DEPUTY FIRE CHIEF REICHARI)T (3)
Fire Chief Pitzer and Deputy Fire Chief Reichardt presented "Life SaYing" medals
to Ruben Gil, Carlton Purnell and Adam Deleon for their braye actions in response to two
fires that occurred within the City.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor, read the names of the following
indiyiduals who were presented a service pin award by Mayor Valles in recognition of their
many years of dedicated seryice to the City:
Name
Mike Bollinger
Tom Rodriguez
Department
Years of Seryice
25
20
Adrienne Loa
Fire
Parks, Recreation & Community
Services
Public Services
15
ANNOUNCEMENTS - LARRY QUlEL
(4)
Larry Quiel, Vice President of Business Support for the San Bernardino Area
Chamber of Commerce, announced seyeral upcoming eyents, including opening day of the
Renaissance Pleasure Faire on Saturday, April 28, 2001, through June 17, 2001.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez thanked the Parks and Recreation Department for
beautifying the parks in the Fifth Ward; and announced that slurry sealing in the Fifth Ward
was nearing completion.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz announced that he attended the grand opening of the new
Stater Bros. Market on 40th Street, stating that he was proud to be a part of it, and looked
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forward to this being the first block of many blocks of the foundation of reyitalization of
that corridor; announced that a Fourth Ward Cleanup Day would be held at Wildwood Park
on April 28, sponsored by the 30/40 Neighborhood Group.
ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4)
Council Member McGinnis stated that the new Stater Bros. on 40th Street was a
beautiful new store, which includes a branch of the Arrowhead Credit Union, and
commended Jack Brown on the grand opening celebration.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien stated that the Perris Hill Bowl Amphitheater, which is
located in the Second Ward, should be restored for its spectacular enyironment; and
reported that because her dog was attacked by a Pit Bull oYer the weekend, she wanted
eyeryone to know about the effort currently underway by Animal Control Director Jon
Cicirelli to rewrite the City's Municipal Code Ordinance relatiye to improYing ways to
control potentially dangerous and yicious dogs.
ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4)
Council Member McCammack congratulated the "OYer the Hill Gang" on the
Second Annual Berdoo Cruise at Perris Hill Park; and thanked all the fans who attended
opening day at the Stampede Stadium.
ANNOUNCEMENTS - MA YOR VALLES
(4)
Mayor Valles announced that for the second consecutiye year the Finance
Department, under the leadership of Finance Director Barbara Pachon, has won the
Excellence in Budgeting Award from the California Society of Municipal Finance Officers
for the City's 2000-2001 budget document, which will be presented at a future Council
meeting; reported that the Public Relations Society of America (PRSA), California Inland
Empire Chapter, presented their annual Polaris Award of Excellence to June Durr,
Marketing and Public Affairs Director in the Mayor's Office, for "News of the City" and
the new City brochure; reported that this past week the Stampede Baseball team opened this
year's season; and announced that the Stadium is hosting the National Hispanic Circus
taking place now through April 22.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson updated the Council and the public on the steps the City
is taking to address the energy issue. For example, he stated that each department
deyeloped and is following an energy conseryation plan in order to help the City meet the
goal of reducing energy consumption by ten percen!; additional contract seryices will be
hired to assist the City with de-lamping; the Police, Fire, and Deyelopment Services
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Departments are putting together plans to deal with rolling blackouts the City anticipates
may happen during the summer; and the City is working with its outside sales tax consultant
to look at the City's utility tax which may increase as a result of utility rate increases, and
will work with the Ways and Means Committee to deyelop some recommendations for
either a rebate program and/or a rate rollback.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that the County of San Bernardino is currently looking
for persons who are interested in serying on the 2001-2002 San Bernardino County Grand
Jury. She stated that applications are ayailable in the City Clerk's Office or interested
persons may call the Grand Jury Assistant at (909) 387-3820. Ms. Clark noted that
applications must be receiyed by April 27, 2001.
WAIVE FULL READING OF RESOLUTIONS & ORDlNANCES(5)
Council Member Suarez made a motion, seconded by Council Member Lien, and
unanimously carried, that full reading of the resolutions and ordinances on the regular
agenda of the Mayor and Common CouncilfCommunity Deyelopment Commission, be
waiyed.
PERSONNEL ACTIONS
(6)
Council Member Suarez made a motion, seconded by Council Member Lien, and
unanimously carried, that the personnel actions as submitted by the Chief Examiner dated
April 12, 2001, in accordance with Ciyil Seryice rules and Personnel policies adopted by
the Mayor and Common Council of the City of San Bernardino, be approyed and ratified.
APPROVE - CONTRACT CHANGE ORDER NO. ONE - ARCHITECT
MILFORD WAYNE DONALDSON, FAIA, INC. - PREPARATION OF
FINAL PLAN, SPECIFICATIONS & ESTIMATES - RENOVATION &
RETROFIT OF SAN BERNARDINO SANTA FE DEPOT (7)
James Funk, Director of Deyelopment Services, submitted a staff report dated
March 26,2001, requesting authorization to execute Change Order No. One to the contract
with Architect Milford Wayne Donaldson, FAIA, Inc., for preparing a final plan,
specifications, and estimates for renoyation and retrofit of the San Bernardino Santa Fe
Depot.
Council Member Suarez made a motion, seconded by Council Member Lien, and
unanimously carried, that the Mayor and Common Council approye Contract Change Order
No. One to the contract with Architect Milford Wayne Donaldson, FAIA, Inc. for
preparing a final plan, specifications, and estimates for renoyation and retrofit of the San
Bernardino Santa Fe Depot.
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RES. 2001-69 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A
DISADVANTAGED BUSINESS ENTERPRISE (DB E) PROGRAM AND
DBE GOALS FOR FEDERAL FINANCIAL ASSISTANCE PROJECTS.
(9)
Council Member Suarez made a motion, seconded by Council Member Lien, that
said resolution be adopted.
Resolution No. 2001-69 was adopted by the following yote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent:
Council Member Anderson.
APPROVE - CONTRACT CHANGE ORDER NO. ONE - A VILA
CONSTRUCTION, INC. - STREET IMPROVEMENTS AT 21ST STREET
& SAN GABRIEL STREET - PLAN NO. 10139 (11)
James Funk, Director of Development Seryices. submitted a staff report dated April
10, 2001, requesting authorization to execute Change Order No. One to the contract with
Avila Construction, Inc. for street improvements at 21" Street and San Gabriel Street per
Plan No. 10139.
Council Member Suarez made a motion, seconded by Council Member Lien, and
unanimously carried, that the Mayor and Common Council authorize the execution of
Change Order No. One in the amount of $9,868 to the contract with Ayila Construction,
Inc. for street improvements at 21" Street and San Gabriel Street per Plan No. 10139.
RES. 2001-70 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
INCREASE TO THE ANNUAL PURCHASE ORDER WITH ALLSTAR
FIRE EQUIPMENT FOR ADDITIONAL REPLACEMENT OF SAFETY
EQUIPMENT. (14)
RES. 2001-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR
PROPERTY FOR THE PURPOSES OF CONDUCTING PRESCRIBED
AND/OR TRAINING BURNS. (15)
Council Member Suarez made a motion, seconded by Council Member Lien, that
said resolutions be adopted.
Resolution Nos. 2001-70 and 2001-71 were adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None.
Absent: Council Member Anderson.
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ORD. MC-I096 - AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM. (3% @ 55 - Safety Employees)
Final (16)
Council Member Suarez made a motion, seconded by Council Member Lien, that
said ordinance be adopted.
Ordinance No. MC-1096 was adopted by the following yote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent:
Council Member Anderson.
RES. 2001-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO
OR HER DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND THE CITY OF SAN BERNARDINO FOR THE
DEVELOPMENT, USE, AND MAINTENANCE OF OPEN SPACE
PARK LOCATED AT SIERRA WAY AND 39TH STREET IN THE CITY
OF SAN BERNARDINO. (18)
RES. 2001-73 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU)
WITH THE COUNTY OF SAN BERNARDINO PROBATION
DEPARTMENT THAT DEFINES THE OPERATING AGREEMENTS
BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER
THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM
KNOWN AS INTERVENTION AND MANAGEMENT OF
PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS
(IMPACT). (19)
RES. 2001-74 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF PURCHASE ORDERS TO
VARIOUS AUTOMOBILE VENDORS FOR THE PURCHASE OF
REPLACEMENT VEHICLES FOR VARIOUS DEPARTMENTS; AND
TO REJECT ALL BIDS FOR BID #F-0l-48A ITEM #009. (20)
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RES, 2001-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN INCREASE TO THE ANNUAL PURCHASE
ORDER WITH TOTER INCORPORATED FOR PURCHASE OF
RESIDENTIAL RECYCLING CARTS FOR THE PUBLIC EDUCATION
CAMPAIGN. (21)
Council Member Suarez made a motion, seconded by Council Member Lien, that
said resolutions be adopted.
Resolution Nos. 2001-72, 2001-73, 2001-74, and 2001-75 were adopted by the
following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member Anderson.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 9:58 a.m., Deputy City Attorney Easland left the meeting and was replaced by
Deputy City Attorney Empeiio.
PUBLIC HEARING - ORAL BIDS & AWARDING OF BID - SALE OF
CITY WATER DEPARTMENT PROPERTY - NORTH & SOUTH OF
ORANGE SHOW ROAD, WEST OF WATERMAN A VENUE (28)
James Funk, Director of Development Seryices. submitted a staff report dated April
4, 2001, regarding the acceptance and approval of oral bids relatiye to the sale of City
Water Department property located north and south of Orange Show Road, west of
Waterman Ayenue.
Mayor Valles opened the hearing.
No public comments were receiyed.
Council Member Lien made a motion, seconded by Council Member Suarez, and
unanimously carried, that the hearing accepting oral bids for the sale of City and Water
Department property, as per Bid Specification No. 15.02-223, be closed; that the bid
amount of $17,200 from Mathis and Eddie Dayis for Parcel Four (APN: 0136-441-04), be
approyed; and that the Director of Deyelopment Services be authorized to re-adyertise a
Notice InYiting Bids for the sale of three City-owned parcels north and south of Orange
Show Road, west of Waterman Ayenue, using the services of a Real Estate Broker.
PUBLIC HEARING - IMPOSE LIENS ON PROPERTY LOCATED
WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED
BUSINESS REGISTRATION FEES (29)
Rachel Clark, City Clerk, submitted a staff report dated March 27, 2001, regarding
imposing liens on property located within the City of San Bernardino for uncollected
Business Registration fees.
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Mayor Valles opened the hearing.
No public comments were receiyed.
RES. 2001-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS REGISTRATION FEES. (29)
Council Member Estrada made a motion, seconded by Council Member McGinnis,
that the hearing be closed; that the City Clerk be directed to administratiyely remoye any
properties from Exhibit A, which haye been paid prior to the hearing; and that said
resolution be adopted.
The motion carried and Resolution No. 2001-76 was adopted by the following yote:
Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, McCammack. Nays:
None. Absent: Council Member Anderson.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 10:05 a.m., Deputy City Attorney Empefio left the Council meeting and was
replaced by Deputy City Attorney Easland.
APPROVE CONTRACT CHANGE ORDER NO. FIVE
BONADIMAN-McCAIN, INC. - $7,784.95 - INSTALLATION OF
STORM DRAIN IMPROVEMENTS - MOUNT VERNON AVENUE -
BASE LINE STREET TO 16TH STREET (8)
James Funk, Director of Deyelopment Seryices. submitted a staff report dated April
2, 2001, regarding authorization to execute Change Order No. Fiye in the amount of
$7,784.95 to the contract with Bonadiman-McCain, Inc. for installation of storm drain
improyements in Mt. Vernon Ayenue from Base Line Street to 16th Street.
Council Member Estrada voiced her concern regarding the need to restripe seyeral
streets in the City.
City Administrator Wilson stated that the City is looking at purchasing a new
striping machine, and that the matter would probably be discussed at the next Council
meeting.
Council Member Estrada made a motion, seconded by Council Member Lien, and
unanimously carried, that the Mayor and Common Council approve Contract Change Order
No. Fiye in the amount of $7,784.95 to the contract with Bonadiman-McCain, Inc. to
compensate the contractor for remoyal of concrete thicker than shown on plans (corings) for
Mt. Vernon Ayenue from Base Line Street to 16th Street.
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RES, 2001-77 - RESOLUTION OF THE ~AYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO ANTHONY MARMOLEJO CONSTRUCTION
COMPANY, INC. FOR MODIFICATION TO THE NUNEZ PARK
BUILDING LOCATED AT 1717 W. FIFTH STREET TO MEET
AMERICANS WITH DISABILITY ACT (ADA) STANDARDS. (10)
Council Member McGinnis requested that the Parks and Recreation Department look
into replacing the carpet in the recreation room.
Council Member McGinnis made a motion, seconded by Council Member Lien, that
said resolution be adopted.
Resolution No. 2001-77 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent:
Council Member Anderson.
APPROVE - CONTRACT CHANGE ORDER NO. ONE - BOND
BLACKTOP, INC. - SLURRY SEALING - VARIOUS STREETS -
PHASE X - PLAN NO. 10126 (12)
James Funk, Director of Deyelopment Seryices. submitted a staff report dated April
11, 2001, regarding approyaJ of Contract Change Order No. One to the contract with Bond
Blacktop, Inc. for slurry sealing of yarious streets, Phase X, per Plan No. 10126.
Council Member Estrada made a motion, seconded by Council Member Suarez, and
unanimously carried, that the Mayor and Common Council approye Contract Change Order
No. One in the amount of $52,190 to the contract with Bond Blacktop, Inc. for slurry
sealing of various streets, Phase X, per Plan No. 10126.
RES. 2001-78 - RESOLUTION AUTHORIZING AND APPROVING THE
BORROWING OF FUNDS FOR FISCAL YEAR 2001-2002; THE
ISSUANCE AND SALE OF A 2001-2002 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM.
(13)
Council Member Estrada made a motion, seconded by Council Member Suarez, that
said resolution be adopted.
Resolution No. 2001-78 was adopted by the following yote: Ayes:
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None.
Council Member Anderson.
Council
Absent:
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APPROVE - BUDGET TRANSFER - FENCE CONSTRUCTION - OFF-
LEASH DOG PARK - WILDWOOD PARK (17)
Annie F. Ramos, Director of Parks, Recreation & Community Seryices Department,
submitted a staff report dated February 22, 2001, regarding authorization to transfer
$22,400 in Park Construction Funds to coyer fence construction costs for an off-leash dog
park at Wildwood Park.
Council Member Estrada made a motion, seconded by Council Member McGinnis,
and unanimously carried, that the Director of Finance be authorized to amend the FY 2000-
2001 Park Construction Budget and transfer $16,000 from Account No. 243-363-5505-1944
(AI Guhin Park Deyelopment) and $6,400 from Account No. 243-363-5504-1941 (Citywide
Park Furnishings) for construction costs for the off-leash dog park at Wildwood Park.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 5.14.010, 5.14.020 AND 5.14.050 OF CHAPTER 5.14 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT.
First (23)
Deputy City Attorney Easland stated that further research was required by the City
Attorney's Office on this matter, and requested that it be continued to the next Council
meeting.
Council Member Estrada made a motion. seconded by Council Member
McCammack, and unanimously carried, that the matter be continued to May 7, 2001.
RES. 2001-79 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH MBIA
MUNISERVICES COMPANY FOR SERVICES RELATED TO UTILITY
USERS TAX AND FRANCHISE FEE REVENUES. (24)
Council Member Schnetz made a motion, seconded by Council Member Lien, that
said resolution be adopted.
Resolution No. 2001-79 was adopted by the following vote: Ayes:
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None.
Council Member Anderson.
Council
Absent:
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APPROVE - SALARY INCREASE - SENIOR PLAN CHECKER ~
DEVELOPMENT SERVICES DEPARTMENT (25)
Edward Raya, Director of Human Resources, submitted a staff report dated April 9,
2001, regarding increasing the salary for the position of Senior Plan Checker in the
Deyelopment Seryices Department.
Council Member McCammack made a motion, seconded by Council Member
Suarez, and unanimously carried, that the Mayor and Common Council increase the salary
for the Senior Plan Checker from Range 2443, ($4,044-$4,9l6/month) to Range 2457,
($4,337-$5,272/month); and that the Human Resources Department be directed to update
Resolution No. 6413, Section Eleyen, to reflect this particular action.
APPROVE - BUILDING INSPECTOR I POSITION - DEVELOPMENT
SERVICES DEPARTMENT (26)
Edward Raya, Director of Human Resources, submitted a staff report dated April 4,
2001, regarding the addition of one (I) Building Inspector I position in the Deyelopment
Services Department.
Council Member McCammack made a motion, seconded by Council Member
Suarez, and unanimously carried, that the Mayor and Common Council add one (I)
Building Inspector I position, Range 1374, $2,867-$3,485/month); and that the Human
Resources Department be directed to update Resolution No. 6413, Section Eleyen and
Resolution No. 97-352, to reflect this action.
APPROVE - EMERGENCY MEDICAL SYSTEM COORDINATOR
POSITION - FIRE DEPARTMENT (27)
Edward Raya, Director of Human Resources, submitted a staff report dated March
12,2001, regarding the establishment of an Emergency Medical System (EMS) Coordinator
position in the Fire Department.
Council Member McCammack made a motion, seconded by Council Member
Suarez, and unanimously carried, that the Mayor and Common Council authorize the
establishment of an Emergency Medical System Coordinator, Range 4478, ($4,818 -
$5,854/month); and that the Human Resources Department be directed to update Resolution
No. 6413, Section Fourteen, to reflect this action.
14
4/1612001
CONTINUE TERMINATION OF CONTRACT AVILA
CONSTRUCTION - STREET IMPROVEMENTS - ART TOWNSEND
DRIVE & OTTO GERICKE DRIVE SAN BERNARDINO
INTERNATIONAL AIRPORT - PLAN NO. 9479 - AUTHORIZATION
TO PA Y APPROXIMATELY $30,300 TO AVILA CONSTRUCTION FOR
WORK COMPLETED - AUTHORIZATION FOR DIRECT PURCHASE -
12" & 16" WATER LINE PIPE & FITTINGS CURRENTLY STORED AT
THE SITE - ESTIMATED AMOUNT OF $125,000 SUBJECT TO
VERIFICATION OF ACTUAL VENDOR INVOICE & REASONABLE
HANDLING COSTS (Continued from April 2, 2001) (30)
James Funk, Director of Development Services, submitted a staff report dated April
10, 2001, requesting the matter be continued to May 7, 2001.
Council Member McCammack made a motion, seconded by Council Member
Suarez, and unanimously carried, that the matter be continued to the Mayor and Common
Council meeting of May 7, 2001.
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 UNIVERSAL AVENUE
A THROUGH HIGHWAY AT ITS INTERSECTION WITH VARSITY
A VENUE AND DECLARING V ARSITY AVENUE A THROUGH
HIGHW A Y FROM COLLEGE AVENUE TO UNIVERSAL A VENUE.
(Continued from March 19, 2001) (31)
Ray Casey, City Engineer, submitted a request dated April 12, 2001, that the matter
be continued to May 21,2001.
Council Member Suarez made a motion, seconded by Council Member Schnetz, and
unanimously carried, that the matter be continued to the Mayor and Common Council
meeting of May 21, 2001.
CONTINUE - REPORT FROM WAYS AND MEANS COMMITTEE -
PURCHASE ORDER INCREASES FOR PUBLIC SERVICES ITEM NOS.
18-23 - APPROVED ON MARCH 19, 2001 (Continued from March 19,
W~ ~
Council Member McCammack made a motion, seconded by Council Member
Suarez, and unanimously carried, that the matter be continued to the Mayor and Common
Council meeting of May 7, 2001.
15
4/16/2001
RECESS MEETING - CLOSED SESSION (Discussed earlier and later in
the meeting - pages 1 & 19) (1)
At 10:30 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session pursuant to the Goyernment Code Sections listed as
Agenda Item Nos. 1A through lG on pages 1-3 of these minutes.
CLOSED SESSION
At 10:31 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; Deputy
City Attorney Easland, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Anderson.
COUNCIL MEMBERS McGINNIS, SCHNETZ, SUAREZ,
McCAMMACK & DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 10:50 a.m., Council Members McGinnis, Schnetz, Suarez, McCammack and
Deputy City Attorney Easland left the closed session.
ADJOURN CLOSED SESSION/MEETING
At 10:55 a.m., the closed session and joint regular meeting of the Mayor and
Common Council and Community Deyelopment Commission adjourned to a luncheon
workshop in the Economic Development Agency Boardroom.
RECONVENE MEETING - LUNCHEON WORKSHOP - 12 NOON -
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
CONSIDERATION OF AN INTERIM FINANCING STRATEGY -
DOWNTOWN CINEMA COMPLEX - CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA (Discussed later in the meeting -
page 21) (R34)
At 12: 12 p.m., Mayor Pro Tern Schnetz reconvened the joint regular meeting of the
Mayor and Common Council and Community Deyelopment Commission in the Economic
Deyelopment Agency Boardroom 201 N. "E" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present: Mayor
Pro Tem Schnetz; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator
Wilson. Absent: Council Member Anderson.
Also present: Executiye Director Van Osdel, Director of Housing and Community
Deyelopment Pacheco, Project Manager Hoeger, Assistant Project Manager Morales and
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4/1612001
Special Counsel Sabo, Economic Deyelopment Agency; Deputy City Attorney Easland; and
Director of Human Resources Raya.
Mr. Van Osdel stated that refinancing the First Trust Deed on the Cinema Star
would be accomplished by taking out a hard money loan at 12 percent interest, or a float
loan, which is a tool that has been ayailable to cities and agencies since the inception of the
Block Grant Program in 1975. He indicated that Agency staff deyeloped a program that
would enable them to take out the hard money first, proyide an affordable first trust deed
and positiye cash flow on the Cinema, and would allow for quick reduction of the principal
balance of the loan.
Ms. Pacheco gaye a presentation regarding the Cinema Star Site, stating that the
interim financing is a combination CDBG/EDA Float Loan. In May 2001, $1 million of
unspent CDBG funds coupled with $1.2 million of EDA Funds would result in $2.2 million
to be used to restructure the First Trust Deed, leaving a balance of $1.4 million, which
would then be carried oyer to the next fiscal year. She indicated that on September 1, 2001,
the new $4 million CDBG line of credit will be used to payoff the First Trust Deed with
$2.4 million being owed to the CDBG line of credit and $1.2 million owed to the Agency.
She noted that repayment will commence July 1, 2002 and the resultant three-year positive
cash flow from the Cinema in the amount of $230,000 will be used to buy down the float
loan resulting in $1.7 million owed to the CDBG Program, and $1.2 million owed to the
Agency.
Ms. Pacheco stated that based upon the Agency's inyolyement in the Mobile Home
Park Program, they will extract $1.2 million of Unrestricted Bond Proceeds, apply it to the
Float Loan and at the same time will make a concurrent $1.2 million loan from the
Low/Mod Fund to the Mobile Home Corporation. She indicated that it is anticipated that
the $1.2 million Agency LowlMod Fund will be replenished by the end of the year as a
result of refinancing the Mobile Home Parks. The $1.7 million debt owned to the CDBG
Fund will be paid off in December 2001 with Phase II Mobile Home Bond Refinancing, or
thereafter with bond proceeds.
Discussion ensued regarding yarious aspects of refinancing the Cinema Star. No
action was taken on this matter at this time.
RECESS MEETING
At 1:01 p.m., Mayor Pro Tern Schnetz declared a 5-minute recess.
RECONVENE MEETING
At 1 :07 p.m., Mayor Pro Tern Schnetz reconvened the joint regular meeting of the
Mayor and Common Council and Community Development Commission of the City of San
Bernardino.
17
4/16/2001
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present: Mayor
Pro Tern Schnetz; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator
Wilson. Absent: Council Member Anderson.
Others present: Deputy City Attorney Easland, and consultants Bob Murray and
Regan Williams.
DISCUSSION WITH BOB MURRAY AND ASSOCIATES REGARDING
DEVELOPMENT OF CANDIDATE PROFILE AND RECRUITMENT OF
POLICE CHIEF (33)
City Administrator Wilson introduced Bob Murray and Regan Williams of Bob
Murray and Associates, who were selected to conduct the recruitment for Police Chief for
the City. Mr. Murray explained the recruitment process, and requested Council feedback
on desired qualities of the new Chief.
Council Member Estrada stated that the next Chief of Police should be cognizant of
the demographics of the City and should have experience running a Police Department as
diyersified as the community. She also indicated that she would like to see a Police Chief
who gets inyolved in the community.
Council Member McCammack stated that the candidate should be the most qualified
person no matter what race, color, gender, etc., and one who possesses the yision similar to
that of the current Chief.
This matter was for discussion purposes only. No action was taken.
RECESS MEETING
At 1:49 p.m., Mayor Pro Tem Schnetz recessed the meeting to 2:00 p.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 2:11 p.m., Mayor Pro Tem Schnetz reconvened the joint regular meeting of the
Mayor and Common Council and Community Deyelopment Commission of the City of San
Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present: Mayor
Pro Tern Schnetz; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack; Deputy City Attorney Easland, City Clerk Clark, City Administrator Wilson.
Absent: Council Member Anderson.
18
4/16/2001
CLOSED SESSION ANNOUNCEMENT (Discussed earlier in the meeting
- pages 1 & 16) (1)
City Clerk Clark announced that the following action had been taken in closed
session in the case regarding John Windley Y. City of San Bernardino, et al.- United States
District Court Case No. CV 98-6247 AJW:
Council Member Lien made a motion, seconded by Council Member Suarez, that
the case be settled for $29,046.56.
The motion carried by the following yote: Ayes: Council Members Estrada, Lien,
McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member
Anderson.
RES. 2001-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO
RACEWAY FORD FOR FIFTEEN (15) YEAR 2001 FORD CROWN
VICTORIA POLICE INTERCEPTORS; AND AUTHORIZING THE
PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE
QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST
RESPONSIBLE LEASING COMPANY. (Discussed later in the meeting -
page 29) (22)
Council Member McCammack felt the City should look into deyeloping a better
local preference policy and suggested reYisiting the matter with the Ways and Means
Committee.
City Administrator Wilson stated that each city has the ability to set their own local
preference standards and most cities haye set a one percent standard reduction, which is the
amount of the sales tax rebate; howeyer, he indicated that some cities haye gone beyond that
point and felt it would be a good idea to send the matter to the Ways and Means Committee.
Council Member Lien stated that because the Chamber of Commerce does business
in the region, they are concerned there might be retributions to them if the City deyelops a
restrictiye purchasing policy.
Council Member McCammack stated that she does not want to dissuade local
contractors from doing business with other agencies and other municipalities in other
counties.
Council Member Estrada made a motion, seconded by Council Member Lien, that
said resolution be adopted.
19
4/16/2001
Resolution No. 2001-80 was adopted by the following yote:
Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
McCammack. Absent: Council Member Anderson.
Ayes: Council
Council Member
PROCLAMATION - HATE AWARENESS & PREVENTION WEEK -
APRIL 22-28, 2001 (3)
Teri Rubi, Executiye Assistant to the Mayor, read a proclamation declaring April
15-22,2001, as Hate Awareness and Preyention Week.
The proclamation was accepted by Mike Kinsman, co-chair of the Coalition Against
Hate, which is an organization of law enforcement, community relations organizations, and
religious groups formed to address the issue of hatred in the community. Mr. Kinsman
stated that two conferences relating to this would be held on April 19 at California State
Uniyersity San Bernardino, and on April 23 at the Unh'ersity of California at Riyerside.
CITY ADMINISTRATOR WILSON EXCUSED
At 2: 17 p.m., City Administrator Wilson left the Council meeting.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 2:20 p.m., Deputy City Attorney Easland left the meeting and was replaced by
Senior Assistant City Attorney Carlyle.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR
V AN OSDEL & SPECIAL COUNSEL SABO ARRIVED
At 2:20 p.m., Economic Deyelopment Agency Executiye Director Van Osdel and
Special Counsel Sabo arriyed at the Council meeting.
COMMUNITY DEVELOPMENT COMMISSIONISAN BERNARDINO
JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK
ACQUISITION JOINT POWERS FINANCING AUTHORITYISAN
BERNARDINO ASSOCIATED COMMUNITIES FINANCING
AUTHORITY - JOINT REGULAR MEETING
At 2:20 p.m., Vice Chairman Schnetz called to order the joint regular meeting of the
Community Deyelopment Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common Council.
20
4/16/2001
PUBLIC HEARING - LUNCHEON WORKSHOP - 12 NOON -
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
CONSIDERATION OF AN INTERIM FINANCING STRATEGY -
DOWNTOWN CINEMA COMPLEX - CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA (Discussed earlier in the meeting
- page 16) (R34)
Maggie Pacheco, Director of Housing and Community Deyelopment, submitted a
staff report dated April 10, 2001, regarding consideration of an interim financing strategy
for the Downtown Cinema Complex-Central City North Redevelopment Project Area.
Ms. Pacheco stated that with the Agency's financing and CDBG financing they will
haye paid off the first trust deed on the Cinema Star Site by September 2001 leaYing them
with a $3.6 million Float Loan and a $7 million Section 108 Loan. She indicated that the
positiye cash flow from the Cinema in the amount of $230,000 will be utilized by the
Agency to repay the CDBG debt, and the differential of $1.7 million remaining in the
CDBG line of credit will be paid by the Agency with the second phase of mobile home bond
refinancing.
Vice Chairman Schnetz opened the hearing.
City Clerk Clark stated that Resolution No. R34B had been reyised, and read the
amended title into the record.
No public comments were received.
RES, CDC/2001-15 RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING FLOAT LOAN AGREEMENT BY AND
BETWEEN CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
WITH RESPECT TO CINEMASTAR PROPERTY ACQUIRED BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
FROM MDA-SAN BERNARDINO ASSOCIATES, L.L.C. (R34A)
RES. CDC/2001-16 RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO AUTHORIZING DEPOSIT OF CERTAIN FUNDS TO
THE CENTRAL CITY REDEVELOPMENT PROJECT AREA AND
AUTHORIZING THE LOAN OF LOW AND MODERATE INCOME
HOUSING FUNDS TO THE SAN BERNARDINO MOBILEHOME PARK
CORPORATION. (R34B)
21
4/16/200 1
RES. 2001-81 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING FLOAT
LOAN AGREEMENT BY AND BETWEEN CITY OF SAN
BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO WITH RESPECT TO CINEMASTAR
PROPERTY ACQUIRED BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO FROM MDA-SAN BERNARDINO
ASSOCIATES, L.L.c. (R34C)
Council Member Lien made a motion, seconded by Council Member Estrada, that
the hearing be closed; that the Mayor and Common Council approve an amendment to the
City of San Bernardino 2000-2001 Annual Consolidated Plan authorizing a Community
Development Block Grant (CDBG) and Redeyelopment Agency $3.6 million Float Loan in
conjunction with the Downtown Cinema Complex; and that said resolutions A-C, be
adopted.
The motion carried and Resolution Nos. CDC/2001-15, CDC/200l-l6 and 2001-81
were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez. Nays: Council Member McCammack. Absent: Council Member
Anderson.
AUTHORIZE - EXCLUSIVE RIGHT TO NEGOTIATE - ARTHUR
PEARLMAN CORPORATION - SANTA FE DEPOT AREA PLAN, MT.
VERNON CORRIDOR & UPTOWN REDEVELOPMENT PROJECT
AREAS (R35)
Agency Executiye Director Van Osdel submitted a staff report dated April 5, 2001,
regarding a request for the exclusive right to negotiate for deyelopment from the Arthur
Pearlman Corporation relative to the Santa Fe Depot Area Plan, Mt. Vernon Corridor and
Uptown Redeyelopment Project Areas.
Council Member McGinnis made a motion, seconded by Council Member Estrada,
and unanimously carried, that the Community Deyelopment Commission authorize staff to
proceed with the necessary owner participation notices and preparation of a draft Exclusiye
Right to Negotiate Agreement.
APPROVE - BUDGET INCREASE - NORTHWEST REDEVELOPMENT
PROJECT AREA COMMITTEE (R36)
Agency Executiye Director Van Osdel submitted a staff report dated April 9, 2001,
regarding an increase of $5,000 in the Agency's budget for the Northwest Redeyelopment
Project Area Committee.
22
411612001
Mr. Van Osdel stated that he didn't think the l'iorthwest PAC understood what they
were getting themselyes into by hiring consultant services, noting that it was a yerbal
agreement.
Vice Chairman Schnetz asked if procedures could be put into place that would
preyent this from happening in the future.
Senior Assistant City Attorney Carlyle stated that safeguards haye now been put into
place that require prior written authorization before any contracts are entered into.
Council member Lien made a motion, seconded by Council Member Suarez, and
unanimously carried, that the Community Development Commission authorize an increase
of $5,000 in the Agency's budget for the Northwest Redeyelopment Project Area
Committee.
COUNCIL MEMBER SUAREZ EXCUSED
At 2:38 p.m., Council Member Suarez indicated that he would be abstaining on
Agenda Item No. 37 due to his inyolyement with the ASA Learning Center, and left the
meeting.
PUBLIC HEARING - 200112002 ANNUAL CONSOLIDATED PLAN -
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
EMERGENCY SHELTER GRANT (ESGl & HOME FEDERAL
PROGRAMS (R37)
Maggie Pacheco, Director of Housing and Community Deyelopment, submitted a
staff report dated AprilS, 2001, regarding the 200112002 Annual Consolidated Plan
Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and
Home Federal Programs.
Vice Chairman Schnetz opened the hearing.
No public comments were receiyed.
Council Member Lien noted the reduction in allocation for Code Compliance
demolitions, stating that last year it was $600,000, a portion of which was a carryover from
the preyious year, and the proposed allocation for next year is $116,350, and questioned
whether that amount would be adequate.
Ms. Pacheco stated that the decrease would restrict the ability to carry out
demolitions.
Council Member Lien stated that she could not see approving such a small amount of
money ayailable for demolition unless there was a guaranteed way to replace it.
23
411612001
Senior Assistant City Attorney Carlyle pointed out that Section 3, which was not
included in the original resolution, proposed that the ADA sidewalk improvements not be
funded by CDBG Funds next year, and as a result of pending litigation and commitments
made to have a plan in place, it was necessary that Section 3 be added to make it clear that
while CDBG Funds will not be used, the $250,000 will come from the Capital Improyement
Fund No. 129, Measure "I", for the specific account number.
Vice Chairman Schnetz noted that the Consolidated Plan listed the 303 W. 3" Street
Property Rehabilitation/Reuse as one of the actiyities undertaken, and asked if any
entitlement had been giyen to that project specifically.
Ms. Pacheco stated that the plan enumerated actiyities that have been completed
already and would be completed in the future.
Mr. Carlyle adyised Mr. Schnetz that he should abstain due to his inyolyement with
the property located at 303 W. 3 ,d Street.
COUNCIL MEMBER SCHNETZ EXCUSED
At 2:52 p.m., Vice Chairman Schnetz indicated that he would be abstaining on
Agenda Item No. 37, and left the Council meeting. The duties of Mayor Pro Tem were
assumed by Council Member McGinnis.
Council Member McCammack asked if Code Compliance had already budgeted the
$1.5 million for blight eradication.
Ms. Pacheco stated that she understood the City was contemplating the $1.5 million
as part of their budget, and indicated that Council could condition the motion to supplement
the demolition fund or Code Compliance Administration could be reduced and supplemented
by General Funds.
Council Member Lien stated that she was not prepared to vote on the matter, as she
did not understand the reasons for the reduction of resources for demolition.
Discussion ensued regarding the Demolition Fund.
Mayor Pro Tern McGinnis asked if the Code Compliance Demolition portion of this
matter could be continued.
Ms. Pacheco suggested the Agency reyiew alternatiye sources of financing to
supplement the Demolition Fund and recommended the matter be continued to May 7,
2001.
24
411612001
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
AUTHORIZING AND APPROVING THE m REALLOCATION OF
2000-2001 CDBG FUNDS IN THE AMOUNT OF $1l0,000
(ATTACHMENT I [D]) AND ESG FUNDS IN THE AMOUNT OF
$15,000; (2) 2001-2002 ANNUAL CONSOLIDATED PLAN ("PLAN")
WHICH INCLUDES FUNDING ACTIVITIES FOR CDBG, HOME, ESG,
IN THE TOTAL AMOUNT OF $6,122,000; (3) MAYOR, OR HER
DESIGNEE, TO EXECUTE AND SUBMIT TO U.S. DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT (HUD) ALL REQUIRED
DOCUMENTS AND TO TAKE ALL NECESSARY ACTIONS TO
IMPLEMENT THE CITY'S 2001-2002 PLAN, INCLUDING
EXECUTION OF CDBG AGREEMENTS WITH RESPECTIVE SERVICE
PROVIDERS. (R37)
Council Member Lien made a motion, seconded by Council Member McCammack,
and unanimously carried, that the matter be continued to the Mayor and Common Council
meeting of May 7, 2001.
COUNCIL MEMBERS SCHNETZ & SUAREZ RETURNED
At 2:58 p.m., Council Members Schnetz and Suarez returned to the Council meeting
and took their places at the Council table.
RES. CDC/2001-17 RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING AND ADOPTING THE
REDEVELOPMENT AGENCY'S 2001 REPLACEMENT AND
INCLUSIONARY HOUSING PLAN. (R38)
Maggie Pacheco, Director of Housing and Community Deyelopment, reyiewed
highlights of the staff report and stated that the purpose of the Agency's Replacement and
Inclusionary Housing Plan is to provide the best estimate of what the Agency perceives to be
future deyelopment in the area of housing.
Council Member Lien asked why 70 units had been deducted.
Senior Assistant City Attorney Carlyle stated that certain legal issues were inyolved
with the identification of some units, and it was decided to not count those units in order to
protect the City.
Council Member Lien asked whether those units could be included in the future as
part of the City's obligation if the legal issues are reso]yed.
Senior Assistant City Attorney Carlyle stated that it could be done, but he didn't
expect it to occur within the next 12 months.
25
411612001
Council Member Schnetz asked if the Agency looked at new housing outside of the
project area.
Ms. Pacheco stated that units in the project area proyided 100 percent credit, and
units outside the project area proYided 50 percent credit. She indicated that anything the
Agency had obtained an affordable covenant on would count as its affordable housing
requirement.
Council Member Schnetz stated that a housing study has to be completed in order to
show compliance with inclusionary housing on anything built within the project area, but
indicated that he didn't think this was being addressed. Mr. Schnetz asked if the Agency
would get credit for the ten-year coyenants on a portion of the Highland Hills project.
Ms. Pacheco stated that the Agency would get credit if they were designated a
beneficiary of that coyenant. If outside the project area, the Agency would get 50 percent
credit, but the Agency must own the coyenant.
Special Counsel Sabo stated that the Agency would not get credit since the coyenant
was put into place by the San Bernardino County Housing Authority upon issuance of the
bonds.
Council Member Estrada made a motion, seconded by Council Member McGinnis,
that said resolution be adopted.
Resolution No. CDC/200l-17 was adopted by the following yote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent:
Council Member Anderson.
PRESENTATION BY ACQUISITION, REHABILITATION AND
RESALE (ARR) CONTRACTORS REGARDING MOTION PASSED AT
APRIL 2, 2001 MEETING OF THE MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION WHICH
REQUIRES INDEPENDENT EXAMINATION OF ALL DOCUMENTS
ASSOCIATED WITH MORTGAGE ASSISTANCE PROGRAM LOANS,
AND LOAN UNDERWRITING OF ALL ARR LOANS BY
INDEPENDENT LOAN UNDERWRITERS (R39)
Councilman Frank Schnetz, submitted a staff report dated April 11,2001, regarding
a presentation by Acquisition, Rehabilitation and Resale (ARR) Contractors regarding the
motion passed at the April 2, 2001 meeting of the Mayor and Common Council and
Community Development Commission, which requires independent examination of all
documents associated with Mortgage Assistance Program loans, and loan underwriting of all
ARR loans by independent loan underwriters.
26
4/1612001
RECESS MEETING
At 3:10 p.m., Vice Chairman Schnetz declared a 5-minute recess.
RECONVENE MEETING
At 3:15 p.m., Vice Chairman Schnetz reconvened the joint regular meeting of the
Mayor and Common Council and Community Deyelopment Commission of the City of San
Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present: Mayor
Pro Tem Schnetz; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack; Senior Assistant City Attorney Carlyle, Economic Deyelopment Agency
Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executiye
Director Van Osdel. Absent: Council Member Anderson.
George Jordan, Vice President of ANR Industries, Inc., one of the participants in
the City's Acquisition Rehabilitation Resale (ARR) Program, stated that in light of recent
eyents he felt it would be yaluable to take a few moments to reyiew the accomplishments of
the program and restate their commitment to the reyitalization of the City. He stated that
the ARR Program has done a great deal to reduce the inventory of disrepaired HUD
properties and restore pride in the neighborhoods.
Mr. Jordan stated that by rehabilitating distressed properties and selling them to low
to moderate income families, they are not only reyitalizing the neighborhoods, but are also
increasing the stability of the community by convening renters into homeowners. Mr.
Jordan noted that the ARR Program creates many jobs and supports many local businesses,
which further enhances the economic stability of the City. He stated that the City's
Mortgage Assistance Program is the only program in the Inland Empire that helps families
moye into homes with as little as $500 down and has brought lenders back into the
community.
Mr. Jordan stated that he understood the ARR Program is currently under a lot of
scrutiny, particularly with the processing of Mortgage Assistance funds. Mr. Jordan
explained that before a check can be issued, the lenders must be approyed and receiye
extensiye training. Homebuyers are required to learn the process of buying a home and
how to take care of their home after they mOYe in. The lenders haye stringent underwriting
processes and the packages are reyiewed thoroughly by Economic Deyelopment Agency
staff before assistance checks are authorized. Mr. Jordan stated that ARR Program
participants are proud of their accomplishments in that they haye helped hundreds of
families realize the American dream. He indicated that they are committed to continuing
the revitalization of the community and requested Council's continued commitment to the
program.
27
4/16/2001
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, indicated that the
properties are located on polluted water plumes, and felt the issue should be addressed
before they are sold.
Jimmy Espinoza, President of California Capital Properties, stated that he belieyed
in the program, and commended Paula Rae Espinoza and Maggie Pacheco on the great job
they do and for their support.
Vice Chairman Schnetz asked if Mr. Penman would like to address the City's plans
for the underwriter.
Speaking from the audience, City Attorney Penman stated that two out-of-county
mortgage underwriters will be examining the files before the close of escrow to make sure
the issues that haye resulted in criminal prosecutions do not reoccur.
This item was for presentation purposes only. No action was taken.
RES. 2001-82 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
FOURTH AMENDMENT TO MUTUAL RELEASE AND SETTLEMENT
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DR. IRVING FELDKAMP. (R40)
RES, CDC/2001-18 RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING AN AMENDMENT TO
LETTER AGREEMENT WITH THE CITY OF SAN BERNARDINO
REGARDING MAP ASSISTANCE FOR DR. IRVING M. FELDKAMP.
(R41)
Council Member Lien made a motion, seconded by Council Member McGinnis, that
said resolutions be adopted.
Resolution Nos. 2001-82 and CDC/200l-l8 were adopted by the following yote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays:
None. Absent: Council Member Anderson.
CITY ATTORNEY PENMAN RETURNED & ECONOMIC
DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL
EXCUSED
At 3:42 p.m., City Attorney Penman returned to the Council meeting and Economic
Deyelopment Agency Executiye Director Van Osdelleft the Council meeting.
28
41l612oo 1
RES. 2001-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO
RACEWAY FORD FOR FIFTEEN (15) YEAR 2001 FORD CROWN
VICTORIA POLICE INTERCEPTORS; AND AUTHORIZING THE
PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE
QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST
RESPONSIBLE LEASING COMPANY. (Discussed earlier in the meeting
- page 19) (22)
City Attorney Penman stated that Council Member Lien mentioned that the Chamber
of Commerce had supported the program whereby the City gaye extra credit to local
businesses, and had expressed concern about the possibility of retaliation from other cities.
Mr. Penman clarified that the statement originated from the City Administrator's Office, not
the Chamber of Commerce.
PUBLIC COMMENTS
(42)
Jeff DeFilIips, 381 N. Lugo, requested that the City improve its streets and
sidewalks.
Micheale Hays, Hays Towing, 5486 Industrial Parkway, San Bernardino, CA,
informed the Mayor and Council that they haye completed the conditions of approyal for
their business. She thanked the City for the opportunity to work with the Police Department
and stated that she hoped to have the opportunity to work for them again in the future.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about the depleted
uranium present in the City's water supply.
Linda Meyers, 222 E. l7'h Street, San Bernardino, CA, stated that the poor
condition of the sidewalks in the City pose a hazard, especially to the disabled and elderly.
29
411612001
ADJOURNMENT
(43)
The meeting was adjourned at 3:50 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission will be held at 8
a.m., Monday, May 7,2001, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK
City Clerk
By
Linda Sutherland
Deputy City Clerk
No. of Items: 43
No. of Hours: 6
30
4/16/2001