HomeMy WebLinkAbout01-24-2000 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 24, 2000
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: 10 a.m., Monday, January 24, 2000,
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, Schnetz, Suarez,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member McGinnis.
City Attorney Penman indicated that an additional item under 1 (B)
- Anticipated Litigation - Colarossi Construction - would be discussed in
closed session.
RECESS MEETING - CLOSED SESSION (I)
At 8:10 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the following:
1. Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation- pursuant
to Government Code Section 54956.9(a):
Barbara Ortiz vs. The Citv of San Bernardino, et al. - United
States District Court Case No. CV 99-02154 NM (Mex);
Eddie Cramm vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 54562.
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.
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C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a
threat to the security of public buildings or threat to the
public's right of access to public services or public facilities -
pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government
Code Section 54956.8.
G. Conference with real property negotiator - pursuant to
Government Code Section 54957.6.
CLOSED SESSION
At 8: 10 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, Schnetz, Suarez,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member McGinnis.
Also present: Senior Assistant City Attorneys Carlyle and
Simmons, Deputy City Attorneys Easland and Banac, and Administrative
Operations Supervisor Anderson, City Attorney's Office; Teri Rubi, Chief
of Staff, Mayor's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Szendrodi 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
Council and Community Development Commission were in closed
sessIOn.
COUNCIL MEMBER MCGINNIS ARRIVED
At 8: 11 a.m., Council Member McGinnis arrived at the closed
sessIOn.
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SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED
At 8:26 a.m., Senior Assistant City Attorney Simmons left the
closed session.
DEPUTY CITY ATTORNEY EMPENO, DEVELOPMENT SERVICES
DIRECTOR HAYS & CITY ENGINEER CASEY ARRIVED
At 8:26 a.m., Deputy City Attorney Empeno, Development Services
Director Hays and City Engineer Casey arrived at the closed session.
ADJOURN CLOSED SESSION
At 8:39 a.m., the closed sessIOn adjourned to 9:00 a.m., in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:07 a.m., Mayor Valles reconvened the joint regular meeting of
the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Valles; Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
INVOCATION
The invocation was given by Jorge Carlos, Executive Assistant to
the Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Carlos Salazar, third grader
from Ramona-Alessandro School.
APPOINTMENTS (2)
Mavor Valles
John Coute, Planning Commission (Alternate)
Gary Saenz, Board of Library Trustees
Council Member Schnetz
Stephen Easley, Central City Parking Place Commission
Herb Uffer, Senior Affairs Commission
Council Member Schnetz made a motion, seconded by Council
Member Estrada, and unanimously carried, that the appointments to the
Planning Commission, Board of Library Trustees, Central City Parking
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Place Commission and Senior Affairs Commission, as recommended by
Mayor Valles and Council Member Schnetz, be approved.
PROCLAMATION - CENSUS 2000
(3)
Mayor Valles presented a Proclamation to Frank Johnson, local
Director of Census 2000, proclaiming January 21, 2000, as Census
Complete Count Day.
CERTlFICATE OF RECOGNITION - CHARLIE SEYMOUR (3)
Mayor Valles presented Mr. Seymour with a Certificate of
Recognition as one of ten national recipients to receive the 2000 Lewis
Hines Award for Service to Children and Youth.
CERTlFICATE OF APPRECIATION - DR. JUANITA SCOTT (3)
Mayor Valles presented Dr. Scott with a Certificate of Appreciation
for spearheading the Arrowhead United Way Campaign Drive at City
Hall.
LOCAL EVENTS - JUDI PENMAN
(3)
Judi Penman, Executive Director of the San Bernardino Area
Chamber of Commerce, announced the opening of the Rustic Inn on
Kendall Drive. She discussed the installation dinner for the incoming
president of the San Bernardino Area Chamber of Commerce, scheduled
for January 27, at San Bernardino International Airport. A seminar will
be conducted by Dave Batson, Purchasing Agent for the City, discussing
request for proposals/bids for submittal to the City of San Bernardino.
The seminar will be held at the Chamber of Commerce on February 8, at
7:30 a.m. On February 29, Mayor Valles will present the State of the
City Address. The Governmental Affairs Committee will be meeting
February 3, and will discuss retention of the Courthouse in the City of
San Bernardino. The Black History Parade is scheduled for Saturday,
February 5, and in the evening, the San Bernardino Symphony will be
performing Music From Yesteryear at the California Theatre.
SERVICE PIN A WARDS
(3)
Teri Rubi, Executive Assistant to the Mayor, read the names of the
following employees who received a service pin award in recognition of
their many years of dedicated service to the City.
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Name
Lori Sasson
Jan Wages
Gerald Porter
Melanie Miller
Carla Velarde
Lorena Doswell
Josie Nagy
Thomas Adams
Lester Kulikoff
Robert McClelland
Tony Page
Benny Walton
Joey Webb
Sylvia Londean
Department
City Administration
City Administration
Management Information
Systems
City Clerk
Parks, Recreation & Community
Services
Human Resources
Human Resources
Police Department
Fire Department
Fire Department
Fire Department
Fire Department
Fire Department
Finance Department
Years of Service
5-year pin
5-year pin
lO-year pin
lO-year pin
lO-year pin
lO-year pin
25-year pin
15-year pin
25-year pin
lO-year pin
15-year pin
25-year pin
15-year pin
lO-year pin
Each employee received a service pin presented by Mayor Valles.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz indicated he had a dinner meeting with
all of the Commissioners of the 4th Ward. He will be meeting with them
on a quarterly basis to discuss issues affecting the 4th Ward and to
receive their input.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4)
Council Member Lien encouraged everyone to support Charlie
Seymour and his worthy cause. Tickets are on sale for the Talent Show,
featuring local politicians, to be held at the San Bernardino Valley
College. She expressed her appreciation to the Police Department for
smart policing.
ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4)
Council Member Miller announced that the 7th Ward will have a
clean-up day on Saturday, January 29.
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ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez indicated that he has been meeting with
presidents of cluster groups in his ward regarding issues affecting their
ward and possible solutions that could alleviate same.
ANNOUNCEMENTS - MAYOR VALLES
(4)
Mayor Valles requested a moment of silence III honor of Bill
Harrison, who passed away last week.
Mayor Valles reminded everyone that the 13th Annual Mayor's Ball
is scheduled for February 12, at the Radisson Hotel. Proceeds will
benefit the More Attractive Community Foundation. For tickets and
additional information, call (909)888-3461.
Mayor Valles reminded everyone that citizens have until February
7 to register to vote, for eligibility to vote in the March 7 presidential
primary election.
Mayor Valles stated that Jim Trelease will be at the Bing Wong
Auditorium of the Feldheym Library on January 26, at 7:00 p.m., to kick
off the San Bernardino Public Library's Year afthe Reader.
ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4)
City Attorney Penman stated that the runoff election for the
Seventh Ward will be held March 7, and indicated 50 campaign signs
from one candidate were stolen off the lawns of residents in that ward.
He stated that it is a misdemeanor to steal campaign signs. If you have
any information, call (909)384-5355, or the Police Department.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson introduced John Cicirelli, the new
Director of Animal Control.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark stated that March 7 is the presidential primary
election, as well as the runoff election for the Seventh Ward Council seat.
February 7 is the deadline to register to vote. Ms. Clark indicated she
had an opportunity to go to the new Cinemastar Theatre and was most
pleased to see the number of people in attendance.
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ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada congratulated staff for their success
regarding grant applications for the rehabilitation of the Santa Fe Depot,
raising $10 million to date. She congratulated Lori Sassoon for her work
in this endeavor, as well as the engineering staff.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Anderson made a motion, seconded by Council
Member Lien, and unanimously carried, that the full reading of the
resolutions and ordinances on the regular, agenda of the Mayor and
Common Council/Community Development Commission be waived.
CLAIMS AND PAYROLL
(6)
Council Member Anderson made a motion, seconded by Council
Member Lien, and unanimously carried, that the claims and payroll and
the authorization to issue warrants, as listed on the memorandum dated
January 19, 2000, from Barbara Pachon, Director of Finance, be
approved.
PERSONNEL ACTIONS
(7)
Council Member Anderson made a motion, seconded by Council
Member Lien, and unanimously carried, that the personnel actions as
submitted by the Chief Examiner dated January 19, 2000, 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.
CONTRACT CHANGE ORDER NOS. ONE AND TWO -
SAFETY KLEEN - REMOVAL OF UNDERGROUND STORAGE
TANKS - FIRE STATION NO.1. (11)
Council Member Anderson made a motion, seconded by Council
Member Lien, and unanimously carried, that Change Orders No. One
and Two to the contract with Safety Kleen (CA), Inc., be approved for
various changes described in the staff report for a total change order
amount of $6,881.94, increasing the contract total from $25,348.00 to
$32,229.94.
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RES. 2000-8 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 6413, SECTION
THIRTEEN, TEMPORARY /PART-TIME EMPLOYEES,
ENTITLED IN PART, A "RESOLUTION...ESTABLISHING A
BASIC COMPENSATION PLAN...." BY UPDATING
INFORMATION CODIFYING PRIOR COUNCIL ACTIONS.
(12)
Council Member Anderson made a motion, seconded by Council
Member Lien, and unanimously carried, that the salary increases for the
following Headstart/Preschool positions be approved, retroactive to
September 1, 1999: Teacher Director from $13.62/hour to $14.03/hour;
Teacher from $11.84 hour to $12.20/hour; Teacher Aide from
$7.82/hour to $8.05/hour; and Typist Clerk from $7.82/hour to
$8.05/hour; and that said resolution be adopted amending Resolution
No. 6413, Section Thirteen to reflect this particular action.
Resolution No. 2000-8 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
RES. 2000-9 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ACCEPTING A GRANT DEED FROM NOAH WASHINGTON,
SPECIAL ADMINISTRATOR OF THE ESTATE OF VIOLA H.
HYDER, DECEDENT, FOR PROPERTY LOCATED AT 1580
VIRGINIA STREET, SAN BERNARDINO, AND DEDICATING
THE PROPERTY FOR WATER DEPARTMENT USE. (15)
RES. 2000-10 - RESOLUTION OF' THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING A LICENSE AGREEMENT WITH THE COUNTY
OF SAN BERNARDINO FOR RIGHT-OF-WAY FOR THE
RAPID INFILTRATION/EXTRACTION FACILITY AND SANTA
ANA REGIONAL INTERCEPTOR PIPELINES. (16)
Council Member Anderson made a motion, seconded by Council
Member Lien, that said resolutions be adopted.
Resolution Nos. 2000-9 and 2000-10 were adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson, Miller. Nays: None. Absent: None.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 3.44.131 TO THE SAN BERNARDINO MUNICIPAL
CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE
PROGRAM. Final (8)
Council Member Lien indicated that a number of issues have
arisen concerning this proposed section, such as a penalty provision if a
new business comes in and takes advantage of the City's rebate program
for three years and then immediately leaves. She asked if it would be
possible to require new businesses to employ citizens from the
community.
Robert Rego, 607 E. 20th Street, San Bernardino, California, stated
that there are no provisions or incentives for businesses to stay after
they have taken advantage of the programs the City is offering. His
second concern is does the City provide an incentive to new businesses
moving here if they hire from the community. A third concern is whether
the City is reviewing businesses coming to San Bernardino and ensuring
they will be a benefit to the community - what will the impact be to the
community if they fold or leave. Lastly, what is the City doing to ensure
that San Bernardino is not a dumping ground for failing businesses.
Mayor Valles indicated that the City is working on a second plan
for retention purposes that may address some of Mr. Rego's concerns.
Council Member Lien made a motion, seconded by Council
Member Suarez, that the matter be referred to the Legislative Review
Committee and continued to the Mayor and Council meeting of February
7,2000.
Mayor Valles questioned the legality of requiring a new business
coming into the City to hire locally.
City Attorney Penman indicated it would be difficult, but his office
would research this, as well as the other issues that were raised.
The motion carried by the following vote: Ayes: Council Members
Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays:
None. Absent: None.
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RES. 2000-11 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION
FOR THE 2001 TRANSPORTATION AND COMMUNITY AND
SYSTEM PRESERVATION PILOT PROGRAM (TCSP) FOR THE
PURPOSE OF DEVELOPING A SANTA FE DEPOT AREA
PLAN. (9)
Lori Sassoon, Assistant to the City Administrator, submitted a staff
report dated January 6,2000, requesting authorization to submit a grant
application for the 2001 Transportation and Community and System
Preservation Pilot Program (TCSP) to develop a Santa Fe Depot Area Plan.
Council Member McGinnis requested information on the Great
American Station Foundation.
City Administrator Wilson indicated they were a national non-profit
organization that primarily serves as an information source. They are
based in Washington, D.C. and are used extensively on projects of this
nature.
Mr. Wilson explained that the purpose of the grant is to explore the
overall area and look at options. He indicated that there is a
stakeholders committee, with a cross-section of members, such as
Amtrak, Metrolink, SANBAG, to name a few. There are no financial
commitments at this time.
Discussion ensued regarding funding.
Lori Sassoon, Assistant to the City Administrator, indicated that
the purpose of the TCSP Grant is to develop a plan concerning the use of
the areas surrounding the Depot. The City has received signed letters of
commitment from project partners, who wish to participate in the
planning process of this project.
Council Member McGinnis requested copies of the letters.
Council Member Lien made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 2000-11 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE
AND WASHINGTON STREET AREA WITHOUT COMPLIANCE
WITH THE INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO
BE KNOWN AS ASSESSMENT DISTRICT NO. 1025;
PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING. (10)
City Attorney Penman indicated that this matter is not ready to
proceed and several issues must be dealt with before a public hearing
can be held.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of February 7, 2000.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STEWARD
DEVELOPMENT TO LEASE CERTAIN REAL PROPERTY FOR
THE AREA "D" COMMUNITY SERVICE OFFICE AND
REPEALING RESOLUTION NO. 91-268. (141
Lee Dean, Chief of Police, submitted a staff report dated January
20, 2000, prepared by Wayne Harp, Assistant Chief of Police, requesting
approval of a resolution authorizing the execution of an agreement with
Steward Development to lease certain real property for the Area "D"
Community Service Office and repealing Resolution No. 91-268.
Council Member Lien indicated that there were several speakers on
this item and she wished them to be heard first.
Pamela Dart, representative of the Galison Family Trust, requested
that Council continue or postpone any decision to move the Police
Department from the shopping center. She would like to set up a
meeting with the Police Department to discuss expanding their existing
quarters.
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Mr. Sutherland, a member of the Baseline Business Association, is
concerned about the move to Area "D," and indicated that their presence
in the Baseline area has been a deterrent to crime.
Robert Rego, 607 E. 20th Street, San Bernardino, California, is
concerned about the Community Service Office moving to Area "D." He
feels that community involvement in the decision making process was
non-existent.
Mayor Valles indicated that the Police Department has been
looking at other locations on Baseline and has, in fact, asked several
people to assist them in finding a larger space. It is not a matter that
they want to leave, it is a matter of finding a larger space, and they have
not been successful in locating larger quarters the Baseline area.
Chief Dean indicated that the Police Department is not opposed to
the two-week continuation, but the issue is that they must move or
expand, they have no other options.
Lt. Jennifer Aragon, eXplained the reasons for the proposed move
and discussed their search for a suitable location. She indicated they
eventually found a location in the Marshall Plaza Shopping Center that
would be suitable for their operation. She indicated that service will not
diminish due to the move.
Council Member Schnetz asked for the boundaries of Area "D."
Lt. Aragon indicated that the boundaries ran from Rialto Avenue
up to Magnolia/16th Street and from Waterman Avenue to the 1-215.
Council Member Lien made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of February 7,2000.
DECLARE DEFAULT BY CONTRACTOR - COLAROSSI
CONSTRUCTION - CANCEL CONTRACT - INSTALLATION OF
STREET TREES - HlGHLAND AVENUE FROM "E" STREET
TO WATERMAN AVENUE - PLAN NO. 9845 (17)
Development Services Director Michael E. Hays submitted a staff
report dated January 18,2000, wherein he requested that the Mayor and
Council declare Colarossi Construction in default and cancel the contract
pursuant to Section 6-4 "Default by Contractor" of the Standard
Specifications for project "Installation of Streetscaping on Highland
Avenue from "E" Street to Waterman Avenue per Plan No. 9845."
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Ray Casey, City Engineer, indicated that this was a project
authorized August 2, 1999, with a Notice to Proceed given to Colarossi
Construction on August 27, 1999. Shortly thereafter, the contractor
encountered a 9 inch to 10 inch thick layer of asphalt concrete pavement
and subsequent to that, a 6 inch thick layer of concrete underneath the
asphalt concrete pavement. This was not shown on the plans and
appeared to affect the entire reach of the project. Colarossi Construction
immediately stopped work and verbally requested a change order to
compensate them for the extra cost incurred due to "Changed
Conditions" under Section 3-4 of the Standard Specifications. Staff met
with the contractor to expedite the project.
The contractor resumed work, but staff found that the rate of
trenching was substantially less than the performance goal of 300 linear
feet per day. They resumed work again on November 1, 1999, and
worked continuously until December 29, 1999, when the contractor,
without notice to the city, left the project. Staff deemed the project
abandoned and notified the contractor of such.
The contractor returned to the job site and resumed work on
January 12, 2000. Staff finds that the contractor's performance falls far
short of the mutually agreed goal of 300 linear feet per day.
Anthony Colarossi, 7600 Reche Canyon Road, Colton, California,
gave a brief summary of his credentials. Mr. Colarossi discussed, at
length, the project and the problems he encountered, as well as the
remedies he applied to correct them, from the start of the project in
August 1999 up to January 2000. He discussed the expenses he
incurred and the equipment that had to be replaced.
Mayor Valles asked Mr. Colarossi if he had his presentation In
writing or if it could be put in writing.
Mr. Colarossi indicated he was almost finished with his
presentation and wished to continue. He felt his organization was in
compliance and acting in good faith. He indicated they are not insolvent.
He felt that the City abandoned the project and has not acted in good
faith and that the statements in the staff report were lies and misleading.
Discussion ensued with Mr. Colarossi regarding statements
attributed to Michael Grubbs, Senior Civil Engineer for the City.
Dwight Reilly, of Crosby Insurance, Inc., is the agent for the
Colarossi family. He indicated he has been writing bonds for contractors
for fifteen years. This is the first time he has had a client in default. He
described his understanding of what occurred with this project..
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Mr. Penman asked Mr. Reilly if his company provided the bond for this
project and Mr. Reilly indicated yes, he is the agent for First National
Insurance Company.
Blake Hudson, Attorney for Colarossi Construction, indicated he is
requesting that Council continue the matter for two weeks. He stated
that this is a complicated situation. He is working with the bonding
company counsel, and they are willing to sit down with staff to discuss
this matter.
Mr. Rob Niesley, an attorney representing the bond company, First
National Insurance Company, requested a two week continuance. The
surety claim department had just become involved in the last couple of
weeks, as they thought the problems were being worked out. He would
like to receive documentation on this matter and meet with the Public
Works Department to work through the problems before a termination
occurs, which could permanently affect the Colarossi's business.
Council Member Suarez made a motion, seconded by Council
Member Lien, and unanimously carried, that the matter be continued to
the Mayor and Council meeting of February 7,2000.
AUTHORIZE USE OF PROPERTY - 1244 WEST NINTH
STREET - $1.00 ANNUALLY - SAN BERNARDINO JUNIOR
ALL-AMERICAN YOUTH FOOTBALL (Continued from
January 10, 2000) (18)
RES. 2000-12 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-
AMERICAN FOOTBALL FOR THE PROPERTY LOCATED AT
1244 WEST NINTH STREET.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 2000-12 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
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RES. 2000-13 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ESTABLISHING A MANAGEMENT AND
CONFIDENTIAL EMPLOYEE COMPENSATION AND
BENEFITS PLAN AND RESCINDING RESOLUTION
NUMBERS 89-129, 97-77, 97-352, 97-357, 1999-197, AND
1999-198. (Continued From January 10, 2000) (19)
RES. 2000-14 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTIONS 12 AND 14, ENTITLED IN PART, "A
RESOLUTION...ESTABLISHING A BASIC COMPENSATION
PLAN...," BY UPDATING INFORMATION CODIFYING PRIOR
COUNCIL ACTION. (20)
Council Member Miller made a motion, seconded by Council
Member Anderson that said resolutions be adopted.
Resolution Nos. 2000-13 and 2000-14 were adopted by the
following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None.
RECESS MEETING
At 10:58 a.m., Mayor Valles recessed the meeting to the Board
Room of the Economic Development Agency, for a luncheon workshop.
RECONVENE MEETING
At 11 :40 a.m., Mayor Valles reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission, in the Economic Development Agency Board Room, 201
North "E" 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, Anderson; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member Miller.
Also Present: Charter Revision Committee Members Jim Morris,
David Jones, Facilitator, Tom Pierce, Freddie Spellacy, Micaela Cruz,
Darren Kettle, Ruth Mercer, Chuck Christie, George Theios, David
Schulze, Marion Vassilakos, Wallace Green, Rabbi Cohn, Howard
Leidner, G. Harold DuffY, Manfred Gildner.
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LUNCHEON WORKSHOP REVIEW OBJECTIVES &
PROCEDURES - CHARTER REVISION COMMITTEE (21)
Mayor Valles reviewed the objectives and procedures of the
workshop, indicating to the Council that they are major shareholders in
the Charter revision process. An overview of the Charter Revision
Committee was presented by various committee members, covering
topics such as key decisions, the Charter Subcommittees (Personnel,
Commissions, Governance, Elected Representation, Modernization), and
the guiding principles.
Discussion item only - no action taken.
ADJOURN LUNCHEON WORKSHOP
At 2:14 p.m., the luncheon workshop adjourned to 2:30 p.m., m
the Council Chambers of City Hall.
RECONVENE MEETING
At 2:30 p.m., Mayor Valles reconvened the joint regular meeting of
the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Valles; Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson; Senior Assistant City Attorney Carlyle,
Economic Development Agency Executive Director Van Osdel, Economic
Development Agency Special Counsel Sabo, City Clerk Clark. Absent:
Council Member Miller.
COMMUNITY DEVELOPMENT COMMISSION/SAN
BERNARDINO JOINT POWERS FINANCING
AUTHORITY /SAN BERNARDINO PARK ACQUISITION JOINT
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ASSOCIATED COMMUNITIES FINANCING AUTHORITY -
JOINT REGULAR MEETING
At 2:30 p.m., Mayor Valles called to order the joint regular meeting
of the Community Development 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.
COUNCIL MEMBER MILLER ARRIVED
At 2:32 p.m., Council Member Miller arrived at the Council
meeting and took her place at the Council table.
16 1/24/2000
RES. 2000-15 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) LOAN AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
VALLEY DEVELOPMENT AGENCY (IVDA) IN THE AMOUNT
OF $120,000. (Continued from January 10, 2000) (R22)
Maggie Pacheco, Director, Housing & Community Development,
discussed the $120,000 Community Development Block Grant (CDBG)
loan between the City of San Bernardino and the Inland Valley
Development Agency (IVDA). She indicated that the purpose of the loan
is to rehabilitate Building 932, at the former Norton Air Force Base.
Council Member Anderson made a motion, seconded by Council
Member McGinnis, that said resolution be adopted.
Resolution No. 2000-15 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays. None. Absent: None.
RES. 2000-16 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE HOME AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC., (NHSIE) IN THE AMOUNT OF $80,000 -
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
(CHDO) ACTIVITIES - HOME FEDERAL PROGRAM. (R23)
Maggie Pacheco, Director of Housing & Community Development,
discussed the HOME Agreement. She indicated that the City and
Neighborhood Housing Services of the Inland Empire have established a
partnership to carry out housing services to the community. Some of the
services offered include administration of the Mobile Home Handyworker
Program, the Owner Occupied Rehabilitation Program, development of
the City's first Youth build Housing Project on Magnolia Avenue and
operation of the City's Homebuyer Education Program. The allocation of
the $80,000 to Neighborhood Housing Services is to enable them to grow
in the area of real estate and development.
Council Member Lien made a motion, seconded by Council
Member Miller, that said resolution be adopted.
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1/24/2000
Jim Brunetti, Director of Construction and Rehabilitation for
Neighborhood Housing Services of the Inland Empire, Inc., explained
how the youth in the program are selected and what their participation
entails.
Resolution No. 2000-16 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
RES. 2000-17 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDMENT TO THE HOME
AGREEMENT DATED MAY 17, 1999, BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND NEIGHBORHOOD
HOUSING SERVICES OF THE INLAND EMPIRE, INC., (NHSIE)
INCREASING THE COMPENSATION (SECTION II) BY
$200,000, AND EXTENDING THE TIME FOR PERFORMANCE
FOR THE PROGRAM - MOBILE HOME HANDYWORKER
PROGRAM (R24)
Maggie Pacheco, Director of Housing & Community Development
discussed the amendment to the HOME Agreement, indicating the
Handyworker Program is critical to the City's obligation to enforce the
State mandated Title 25 Mobile Home Park Act. Prior allocated funds
have been exhausted. Staff is requesting an additional $200,000 to be
allocated to Neighborhood Housing Services Of The Inland Empire, Inc.,
(NHSIE) for the Mobile Home Handyworker Program.
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 2000-17 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
CHANGE ORDER - CALIFORNIA THEATRE
(R25)
Anne Harris, Director, Business Recruitment, Retention &
Revitalization, submitted a staff report dated January 10, 2000, which
discussed the rehabilitation of the California Theatre, indicating that a
contract in the amount of $310,959 was awarded to TNT Constructors
Inc., to accomplish the following: Replace roof, paint the exterior of the
building, repair the historical neon signage, make the box office
contiguous with the building, install a fire alarm pull and a microphone
system, provide ventilation to the public and backstage restrooms, install
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1/24/2000
new floors in the public restrooms. During the rehabilitation process,
unforeseen repairs were encountered amounting to $56,852.17.
Discussion followed regarding funds appropriated for rehabilitation
of the theatre in the past.
Bob Neves, Barrier Free Consulting, discussed several issues that
affect the handicapped, especially the lack of, or availability of seating for
the handicapped. He requested that the provisions that are now in place
regarding access for the handicapped, be enforced.
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the Community
Development Commission approve a change order to the contract with
TNT Constructors Inc., (Contract #3847) in the amount of $56,852.17 for
additional improvements to the California Theatre.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY (THE
"AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE
AGENCY AND SOUTHWESTERN SECURITY FOR
METRO LINK SECURITY SERVICES. (R26)
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of February 7,2000.
RES. CDC/2000-1 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT,
AND AUTHORIZING EXECUTION THEREOF, WITH THE
COUNTY OF SAN BERNARDINO FOR THE APPORTIONMENT
OF PROPERTY TAXES TO THE SAN BERNARDINO
REDEVELOPMENT AGENCY. (R27)
Barbara Lindseth, Administrative Services Director, indicated that
the intent of this agreement is to provide to the Agency the property tax
apportionments in the current fiscal year and, therefore, prevent cash
flow fluctuations to the Agency.
Council Member Lien made a motion, seconded by Council
Member McGinnis, that said resolution be adopted.
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1/24/2000
Resolution No. CDC/2000-1 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson, Miller. Nays. None. Absent: None.
AMENDMENTS - REDEVELOPMENT PROJECT AREA PLAN
- EMINENT DOMAIN (R28)
Ronald E. Winkler, Director of Development Department,
submitted a staff report dated January 18, 2000, wherein he stated that
the Redevelopment Committee recommends that the Community
Development Commission authorize the Executive Director to prepare
plan amendments to reinstate eminent domain in the Central City North,
Central City South, Central City East, Uptown and Meadowbrook Project
Areas.
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the Community
Development Commission authorize the Executive Director to prepare
plan amendments to reinstate eminent domain in the Central City North,
Central City South, Central City East, Uptown, and Meadowbrook Project
areas.
RES. CDC/2000-2 - 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 AND ACCEPTING THE
TERMINATION AGREEMENT (ALLAN STEWARD, INC.)
(TRUCK WASH) BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, ALLAN STEWARD,
INC., AND ALLAN STEWARD, AN INDIVIDUAL. (R29)
Ronald E. Winkler, Director, Development Department, stated that
the Commission entered into an Owner Participation Agreement (OPA)
with Allan Steward, Inc. in August of 1991, to acquire and remediate a
contaminated property located on Hunts Lane. The loan provided Mr.
Steward $440,000 for acquisition and site cleanup costs. In February of
1996, an amendment to the OPA provided Mr. Steward an additional 36
months to complete soil remediation work and 42 months to start
development of the property. The 42-month period has passed and soil
remediation work remains. Some predevelopment work has been
initiated, but the requirements of pre-lease, permitting and financing
remain to be satisfied. Consequently, Mr. Steward has been placed
under notice of default. Staff has reviewed several remedies and
recommends accepting a short pay of the loan and termination of the
agreement.
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1/24/2000
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. CDC/2000-2 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson, Miller. Nays: None. Absent: None.
PUBLIC COMMENTS
(30)
John Stevens, 497 Pershing Avenue, San Bernardino, California,
discussed the hauling of nuclear waste through San Bernardino County.
He indicated there is a website that can be accessed for further details:
www.vuccamountain.org(.
Bob Neves, Barrier Free Consulting, 2348 Sterling Avenue, San
Bernardino, California, gave a brief summary of his credentials.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, California
discussed the drug wars and indicated that Air America flies in drugs.
Linda Berman, 619 East 9th Street, San Bernardino, California,
stated that a body shop close to her residence is spewing paint fumes
into the air. The body shop is located at 591 East 9th Street. She is
concerned for the health of her children.
ADJOURNMENT (31)
At 3:31 p.m., the meeting was adjourned. The next joint regular
meeting of the Mayor and Common Council/Community Development
Commission will be held on Monday, February 7, 2000, at 8:00 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
By: t; ~ ~fJ(jM)(U~ f/t_x1Jv
Ca en M. Szendrod
Deputy City Clerk
No. of Items: 30
No. of Hours: 7.5
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1/24/2000