Loading...
HomeMy WebLinkAbout09-18-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 18, 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 8:15 a.m., Monday, September 18, 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, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION (1) At 8:15 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Gina Mever vs. Citv of San Bernardino - Workers Compensation Appeals Board Case No. RIV 0029561; 0029562; Cumming. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 66744. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. D. 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. 1 9/1812000 E. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Agencv Negotiator: Ed Raya, Director of Human Resources Emnlovee Organization: San Bernardino Public Employees Association - General Bargaining Unit F. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8: 17 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, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Simmons; Deputy City Attorney Empeiio; Deputy City Attorney Easland, Administrative Operations Supervisor Anderson, City Attorney's Office; Principal Planner Ross, Development Services Department; Director of Human Resources Raya; Special Counsel Kelly of Gresham, Savage, Nolan and Tilden; and Special Counsel Gondek of Sabo and Green. DEPUTY CITY ATTORNEY EMPENO, DEVELOPMENT SERVICES DEPARTMENT PRINCIPAL PLANNER ROSS, SPECIAL COUNSEL GONDEK & SPECIAL COUNSEL KELLY EXCUSED At 8:24 a.m., Deputy City Attorney Empeiio, Principal Planner Ross, Special Counsel Gondek, and Special Counsel Kelly left the closed session. DIRECTOR OF HUMAN RESOURCES RAY A & SPECIAL COUNSEL PETTY ARRIVED At 8:24 a.m., Director of Human Resources Raya and Special Counsel Petty of Bolson, Kuntz and Serembe arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & SPECIAL COUNSEL PETTY EXCUSED At 8:40 a.m., Senior Assistant City Attorney Simmons and Special Counsel Petty left the closed session. 2 9/18/2000 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 8:50 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:06 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, McCammack; 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 Council Member Estrada. APPOINTMENTS There were no appointments. (2) PROCLAMATION - VOTER REGISTRATION WEEK - OCTOBER 2-10, 2000 (3) Mayor Valles presented proclamations to Registrar of Voters Ingrid Gonzalez and City Clerk Rachel Clark designating the week of October 2 to 10, 2000 as Voter Registration Week. City Clerk Clark announced that October 10, 2000, was the deadline to register to vote and that staff members would be available on October 10 until 10 p.m. in the lobby of City Hall to assist with voter registration. 3 9/1812000 PROCLAMATION - NATIVE AMERICAN DAY - SEPTEMBER 22 , 2000 (3) Mayor Valles read a proclamation citing State recognition and honor to the California Indian by designating the fourth Friday of every September as the official Native American Day as an opportunity for its educators to teach California Indian History in our schools. PROCLAMATION SEPTEMBER REGISTRATION AWARENESS MONTH SELECTIVE SERVICE (3) June Durr, Marketing/Public Affairs Officer, read a portion of the proclamation, which highlighted the importance of registering for selective service. PROCLAMATION - SAN BERNARDINO COUNTY RODEO DAYS _ NATIONAL ORANGE SHOW - SEPTEMBER 29, 30 & OCTOBER 1, 2000 (3) Mayor Valles presented a certificate of recognition to Robert Fonzi, Chairman of the San Bernardino County Rodeo Committee, and Mark Marnanati, Executive Director of the Rodeo Committee. Mr. Fonzi stated that the Rodeo, which is hosted by the Sheriff's Department, would benefit local boy scouts and girl scouts and hoped it would become an annual event. PRESENTATIONS - NEIGHBORHOOD PRIDE AWARD - MR. & MRS. STAFFORD (3) Mayor Valles and Council Member Suarez presented the Mayor's Neighborhood Pride Award to Gary and Linda Stafford. ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, thanked everyone who participated in the Route 66 Rendezvous; announced various events taking place in San Bernardino including a ribbon cutting at St. Bernardine's Medical Center on September 20; Candle Lighter's Charity Golf Tournament at Shandin Hills on September 21; International Trade Show Latino Business Expo at the Radisson Hotel on September 28 and 29; and the Sheriff's Benefit Rodeo on September 28,29 and October 1. SERVICE PIN AWARDS (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: 4 9/1812000 Name Debra Nagy Sheila Chapman Douglas Leeper Blanche Chavez Michael Hudkins Steven Avila Steven Cobb David Jacobo Jim Kearns Dave Kreske Mary Chartier J osefina Kenline Jane Lopez Tina Torres Denartment City Attorney Code Compliance Code Compliance Finance - Print Shop Finance - Purchasing & Stores Fire Fire Fire Fire Fire Library Police Police Public Services/Street Years of Service 5 10 5 15 15 20 20 20 15 20 25 5 5 10 RES. 2000-282 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE SISTER CITY AFFILIATION BETWEEN THE CITY OF KIGALI, RWANDA, AFRICA AND THE CITY OF SAN BERNARDINO. (29) Council Member McGinnis made a motion. seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-282 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada thanked all those who participated in the Route 66 event and especially Jack Brown and Stater Bros. markets for supporting and sponsoring the event and congratulated the volunteers, police officers, vendors, City residents, City workers, Danny Flores and the "Salute to the Route," and NBC, for its success. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien also thanked the staff and volunteers for their dedication in working in 108 degree temperatures at Route 66; announced that the historic McDonald's Museum was planning a cruise down "E" Street between Baseline and Highland Avenue in partnership with the City; and stated that she had the opportunity to attend the grand opening of Planned Parenthood on Commerce Center West. 5 9/18/2000 ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis stated that he couldn't say enough good things about the Route 66 weekend and thanked City staff and the volunteers; and thanked Danny Flores for his hospitality at the "Salute to the Route." ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that Route 66 was a lot of fun and thanked all those who participated in the Citywide Clean Up Day on September 9. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez stated that Cub Pack 128 from Our Lady of Assumption Church received awards for participating in the Citywide cleanup; reported that there were two fires on David Way and urged residents to keep brush away from their homes; and extended thanks to Danny Flores, all Route 66 volunteers, and Joe Ramirez. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson attended the League of California Cities Conference in Anaheim and was particularly impressed with the Land Use Workshop; attended the Southern California EDA Conference 2000 on 9/14 at the Hilton Hotel; concurred with everything that was said about Route 66; participated in the "Salute to the Route" at Nunez Park; attended the Empowerment Zone Project organized by Kim Porterfield at Anne Shirell Park; and participated in "Reaching for Standards," a new reading program offered through the San Bernardino Unified School District. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack thanked those people who offered their cars to drive elected officials throughout Route 66 and to the "Salute to the Route;" thanked NBC and Fritz Coleman; and commented that a winner for the Parade Cruising Award was one of the highlights of the event for her. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles commented that the Route 66 event was incredible and thanked Lynn Merrill and his crew for keeping the streets clean, thanked Steve Henthorn for organizing the event, and thanked the police force, staff, and all the volunteers; attended the California League Playoffs and was thrilled that the San Bernardino Stampede won its second consecutive California League title; attended the filming of "Red Line" at Norton Air Force Base; and attended the Economic Development Conference 2000. 6 9/18/2000 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman announced the passing of Dave Light, long time civic leader and former assistant to Mayors Ballard and Holcomb and stated that he would be missed; and commented that this year's Route 66 was the best one yet and thanked all involved. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson thanked the volunteers and especially acknowledged the efforts of the City crews who spent a lot of hours making a real difference in the City. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark extended condolences to the family of Dave Light. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (S) Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (6) Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: June 27, 2000; July 10, 2000; and July 24, 2000. PERSONNEL ACTIONS (7) Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated September 13, 2000, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Conunon Council of the City of San Bernardino, be approved and ratified. 7 9/18/2000 ORD. MC-I08S - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 6.44 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND PENALTIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES. Final (8) ORD. MC-I086 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL COMMISSION. Final (9) ORD. MC-I087 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.69.090 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POSSESSION OF INSTRUMENTS OF GRAFFITI BY JUVENILES PROHIBITED. Final (10) Council Member Suarez made a motion, seconded by Council Member Anderson, that said ordinances be adopted. Ordinance Nos. MC-1085, MC-1086 and MC-1087 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-283 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 96-189 TO SHIFT THE RESPONSIBILITY OF COLLECTING ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS FROM THE CITY CLERK TO THE CODE COMPLIANCE DIVISION TO ASSESS THE ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS WITH THE CODE COMPLIANCE DIVISION. (12) Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-283 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. 8 9/18/2000 RES. 2000-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH SAN BERNARDINO COUNTY AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO FOR CLASSROOM AND SWIM POOL IMPROVEMENTS AND REHABILITATION OF THE GYMNASIUM AT THE BOYS AND GIRLS CLUB. (17) Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 00/01 Park Construction budget and increase Account No. 243-363-5504-7181 (Boys & Girls Club Improvements) by $36,000 and increase Account No. 243-000-4651 (Construction Reimbursement) also by $36,000. The motion carried and Resolution No. 2000-284 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Absent: None. RES. 20OO-28S - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO ROBERTSON READY MIX, FOURTH STREET ROCK AND CEMEX READY MIX TO FURNISH CONCRETE FOR SIDEWALKS, CURBS AND CONCRETE REPAIRS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION. (20) RES. 2000-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO METRO, DBA STAR AUTO PARTS, FOR THE PURCHASE OF AUTOMOTIVE PARTS AND SUPPLIES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (21) Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 2000-285 and 2000-286 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9 9/18/2000 APPROVE BUDGET TRANSFER - CITY'S SPECIAL ELECTION - NOVEMBER 7, 2000 - MEASURE M (Discussed later in the meeting - pages 11 & 17) (11) City Clerk Clark submitted a staff report dated September 11, 2000, regarding the budget transfer for the City's Special Election on November 7,2000 (Measure M). Council Member Lien asked the City Attorney to clarify his previous statements regarding mailing both the existing Charter and the proposed Charter to voters vs. mailing only the proposed Charter. City Attorney Penman stated that a lawsuit could result if it were deemed that the City was unfairly favoring one position over the other. He stated that the law was very clear on what constitutes advocacy. He felt that mailing the proposed Charter was a good idea; however, failure to send both documents concurrently would frustrate the ability of the voters to choose because they would have nothing to compare it with. Mr. Penman felt that both Charters should be mailed out at the same time. City Clerk Clark stated that there was never any mention of mailing the existing Charter with the proposed Charter. Mayor Valles asked if Measure M included language notifying voters that copies of the existing Charter were available upon request. City Clerk Clark stated that Measure M did not include that language, but there was a possibility that it could still be inserted. Council Member McCammack understood the Charter would be printed in the sample ballot, based upon the way the resolution was written. City Clerk Clark stated that she was directed to accept arguments, arrange for sample ballots, and include the text of the proposed Charter in accordance with the Elections Code. City Clerk Clark stated that the Elections Code provides that if the Charter is not included in its entirety, it could be provided to the voters at no cost. City Attorney Penman stated that his point was one of fairness and avoiding exposure to litigation. He suggested mailing both Charters to the voters. Council Member McCammack stated that she was relying on the Elections Official to know what needed to be included on the sample ballot and asked if any research had been done on keeping costs down. She stated that if they were not going to mail out the existing Charter, they should at least consider mailing the impartial analysis. City Clerk Clark stated that the impartial analysis was included in the sample ballot, and one of her primary goals was to contain costs as much as possible. 10 9/18/2000 Council Member McCammack suggested mailing the impartial analysis in addition to the proposed Charter in order to give voters time to read it and analyze it, and suggested including a statement that copies of the existing Charter would be available upon request. RECESS MEETING At 10:40 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 10:53 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, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. APPROVE BUDGET TRANSFER - CITY'S SPECIAL ELECTION - NOVEMBER 7, 2000 - MEASURE M (Also discussed on pages 10 & 17) (11) Council Member Lien suggested following Mr. Penman's advice, stating that she would rather mail both documents to prevent any future surprises. Council Member Suarez made a motion, seconded by Council Member Lien, that the Director of Finance be authorized to amend the FY 2000/01 budget to transfer $73,000 from Account No. 001-092-5502 (General Government) to Account No. 001- 032-5502 (City Clerk Elections - Professional/Contractual Services). The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Member McCammack. Absent: Council Member Anderson. Council Member Lien made a motion, seconded by Council Member Estrada, that the City print and mail the existing Charter and the proposed Charter as one document, at whatever additional cost. (No vote was taken.) Council Member McGinnis stated that he was against mailing the eXlstlllg Charter and spending taxpayers' money for something that has always been available. City Attorney Penman stated that he shared the concern regarding the additional cost and commented that the fair and impartial analysis, prepared by Mr. Gresham's firm and tested in court, makes the comparisons required to fulfill the element of fairness and would cost less to print. 11 9/18/2000 Council Member McCammack made a substitute motion, seconded by Council Member Estrada, that in the event both Charters could not be mailed together as one document, the impartial analysis should be included and mailed with the proposed Charter. City Clerk Clark clarified that the impartial analysis was already included in the sample ballot. The motion failed by the following vote: Ayes: Council Members Estrada, McCammack. Nays: Council Members Lien, McGinnis, Schnetz, Suarez. Absent: Council Member Anderson. It was the consensus of the Council that the matter be continued to the afternoon in order to obtain an estimate from the County Registrar of Voters of the additional cost of printing and mailing the existing Charter with the proposed Charter. PUBLIC HEARING - RESCIND COUNCIL'S APRIL 17, 2000, APPROVAL - CONDITIONAL USE PERMIT NO. 99-17 ESTABLISHMENT OF TRANSFER FACILITY - COLLECTION & TRANSFER OF GREENWASTE & OTHER ORGANIC MATERIALS _ CALIFORNIA BIO-MASS, INC. (30) William Woolard, Interim Director of Development Services, submitted a staff report dated September 14, 2000, regarding the rescission of the Mayor and Common Council's approval of CUP No. 99-17 to establish a transfer facility for the collection and transfer of green waste and other organic materials. Mayor Valles opened the hearing. Stewart Cumming, P.O. Box 9466, San Bernardino, CA, clarified that this matter was before the Council as a result of litigation he and the Cimarron Ranch Neighborhood Association brought against the City of San Bernardino, the Economic Development Agency, and the developer. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council rescind its April 17, 2000 approval of Conditional Use Permit No. 99-17, and rescind its adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program based upon the written request of the applicant. 12 9/18/2000 RES. 2000-287 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE DIRECTOR OF FINANCE. (13) City Administrator Wilson stated that Council Member McCammack voiced a concern regarding the destruction of fixed assets and whether the City should maintain records such as purchase orders in the event of litigation. Mr. Wilson suggested adoption of the resolution and stated that he would explore the issue further with the Finance Director and would report back to the Council. Council Member McCammack made a motion, seconded by Council Member Lien, that said resolution be adopted; and that fixed assets be deleted from Exhibit A. The motion carried and Resolution No. 2000-287 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member Anderson. APPROVE - VISION SERVICE PLAN BENEFIT (14) Ed Raya, Director of Human Resources, submitted a staff report dated September 11, 2000, regarding the provision of the City's vision insurance benefits. Council Member McGinnis made a motion. seconded by Council Member Suarez, and unanimously carried, that the Mayor be authorized to execute an agreement with Vision Service Plan (VSP) to expand the City's vision insurance benefit, subject to City Attorney approval and ratification of the final agreement by the Common Council. ESTABLISH SALARIES - POLICE DEPARTMENT RANGES P-l, P-2, P-3 & LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1,2000 (IS) Ed Raya, Director of Human Resources, submitted a staff report dated September 11, 2000, regarding the establishment of salaries for Police Department Ranges P-l, P-2, P-3 & Law Enforcement Trainee, effective August 1, 2000. Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that the salaries for Police Department Ranges P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), and Law Enforcement Trainee be established, effective August 1, 2000, as outlined in the attached staff report; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $934,872 from the General Government budget (001-092-5011) to the Police Department budget in the General Fund. 13 9/18/2000 ESTABLISH SALARIES - POLICE DEPARTMENT RANGES P-4, P-5, P-6 & P-7 - EFFECTIVE AUGUST 1, 2000 (16) Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that the salaries for Police Department Ranges P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police), and P-7 (Chief of Police) be established, effective August 1, 2000, as outlined in the attached staff report; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $71,900 from General Government budget (001-092-5011) to the Police Department budget in the General Fund. RES. 2000-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AMENDMENT AGREEMENT BETWEEN THE FRIENDS OF SAN BERNARDINO CITY PARKS, INC. AND THE CITY OF SAN BERNARDINO FOR THE OPERATION OF THE GALAXY GRAND BALLROOM. (18) Council Member McGinnis made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-288 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member Anderson. RES. 2000-289 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MGF CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $41,168 FOR THE REMODELING OF THE AREA "D" COMMUNITY SERVICE OFFICE. (19) Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-289 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Member Anderson. APPROVE REORGANIZATION - CITY LIBRARY SYSTEM (22) Ed Raya, Director of Human Resources, submitted a staff report dated August 24, 2000, regarding the reorganization of the City Library System. 14 9/1812000 Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that one (1) Administrative Operations Supervisor II position, Range 4422, $3,642-$4,427/month, be deleted; that two (2) Library Clerk positions, Range 1273, $1,732-$2,106/month, be deleted; that one (1) Typist Clerk III position, Range 1283, ($1,821-$2,213/month, be deleted; that one (1) Library Information Technology Manager, Range 4422, $3,642-$4427/month, be established; that three (3) Library Technician positions, Range 1330, $2,302-$2,798/month, be established; that the salary range of Library Computer Technician, be changed from Range 1291, $1,895-$2,303/month to Range 1330, $2,302-$2,798/month; and that the Human Resources Department be directed to update Resolution No. 6413, Sections Ten and Eleven, and Resolution No. 1999-336 to reflect this particular action. RES. 2000-290 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BLACK CULTVRE FOUNDATION FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2000/01. (23) Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that approval of direct funding in the amount of $4,500; indirect funding in the amount of $15,877 be transferred from the 2000/01 Civic and Promotion fund to various City departmental accounts as listed on the attached staff report; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2000/01 Black History Week events scheduled for February 2-4, 2001. The motion carried and Resolution No. 2000-290 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council Memher Anderson. APPROVE - REQUEST FOR FUNDING - 2001 4TH OF JULY PARADE & CELEBRATION - SECCOMBE LAKE PARK (24) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a staff report dated August 31, 2000, regarding the request for funding for the 4th of July Parade and Celebration at Seccombe Lake Park. Council Member McGinnis asked if the Parks and Recreation Department could solicit community businesses that might want to participate in this event in order to relieve some of the financial burden from the City. Council Member McCammack stated that there were several sponsors that donated services. 15 9/1812000 Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that the recommendation of the Ways and Means Committee for funding in the amount of $52,000 to cover costs connected with the 2001 4th of July Parade and Celebration at Seccombe Lake Park, be approved. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO FIRE DEPARTMENT AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES AND HOME GENERATED SHARPS COLLECTION SERVICES. (Continued from September S, 2000) (2S) City Administrator Wilson recommended that the matter be continued for two weeks. Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to October 2, 2000. CONTINUE FINAL MAP - TENTATIVE TRACT NO. 14193 - SOUTHEAST CORNER OF OHIO & OLIVE AVENUES - OCTOBER 2, 2000 (Continued from June 19, 2000) (26) William Woolard, Interim Director of Development Services, submitted a staff report dated September 5, 2000, regarding the request for a continuance of the Final Map for Tentative Tract No. 14193 located at the southeast corner of Ohio and Olive Avenues. Council Member Suarez made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council approve the continuance of the Final Map for Tentative Tract No. 14193 to October 2, 2000. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COCA-COLA BOTTLING COMPANY FOR THE PURPOSE OF ESTABLISHING A PUBLIC PRIVATE PARTNERSHIP. (27) Note: The resolution and agreement were not distributed with the backup material; therefore, they will not be available for reference. City Administrator Wilson recommended that the matter be continued to the next meeting. 16 9/18/2000 Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to October 2, 2000. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.17.010C OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ANIMAL CONTROL COMMISSION. First (28) Council Member Lien made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 11:34 a.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:05 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, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. APPROVE BUDGET TRANSFER - CITY'S SPECIAL ELECTION - NOVEMBER 7, 2000 - MEASURE M (Discussed earlier in the meeting - pages 10 & 11) (11) City Clerk Clark reported that she had not yet received the printing estimate from the Registrar of Voters, but was able to halt the printing of the proposed Charter. Because the City would not be able to meet the September 28 mailing deadline, the earliest projected mailing date would be October 12, 2000, and voters would have already received their sample ballot. City Clerk Clark suggested allocating up to $30,000 to cover the additional costs of printing, mailing and translation. Council Member Lien made a motion, seconded by Council Member Suarez, that the entire current Charter be printed along with the proposed Charter at a cost not to exceed $30,000, and that $30,000 be transferred from Account No. 001-092-5502 (General Government) to Account No. 001-032-5502 (City Clerk Elections - Professional/Contractual Services). The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCammack. Absent: None. 17 9/18/2000 CITY ADMINISTRATOR WILSON EXCUSED At 2:22 p.m., City Administrator Wilson left the Council meeting CITY ATTORNEY PENMAN EXCUSED At 2:22 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & SPECIAL COUNSEL SABO ARRIVED At 2:22 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo arrived at the Council meeting. 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 2:22 p.m., Chairwoman 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. JOINT PUBLIC HEARING - SALE OF PROPERTY - 275 SOUTH "G" STREET (R31) Ann Harris, Economic Development Agency Director of Business Retention, Recruitment & Revitalization, presented an overview of the staff report submitted September 7, 2000, regarding a joint public hearing and the sale of property located at 275 South "G" Street. Mayor Valles opened the hearing. No public comments were received. RES. 2000-291 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND JERRY AND LILA BURNS. (R31A) 18 9/18/2000 RES. CDC/2000-31 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND JERRY AND LILA BURNS, ON THE TERMS SET FORTH IN SUCH AGREEMENT. (R31B) Council Member McGinnis made a motion. seconded by Council Member Anderson, that the public hearing be closed; and that said resolutions A & B, be adopted. The motion carried and Resolution Nos. 2000-291 and CDC/2000-31 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. FIVE-YEAR CONSOLIDATED PLAN ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) - 1999/2000 (R32) Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, submitted a staff report dated September 11, 2000, regarding the Five Year Consolidated Plan Annual Performance and Evaluation Report (CAPER) for 1999-2000. Ms. Pacheco presented a brief summary of the highlights of the evaluation report prepared for the Department of Housing and Urban Development per federal regulations. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission: 1) Accept and file the Consolidated Plan Annual Performance and Evaluation Report (CAPER); and 2) authorize submission of the CAPER to the U.S. Department of Housing and Urban Development (HUD) as per federal regulations prior to September 28, 2000. RES. CDC/2000-32 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENTS TO EXHIBIT "B" AND SECTION 6 OF THE PERSONNEL POLICIES AND PROCEDURES FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. (R33) Council Member McCammack made a motion, seconded by Council Member Suarez, that said resolution be adopted. 19 9/18/2000 Resolution No. CDC/2000-32 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-292 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH T.Y. LIN INTERNATIONAL FOR SEISMIC RETROFIT OF THE AGENCY'S FIVE-LEVEL PARKING STRUCTURE. (R34) Council Member McGinnis made a motion. seconded by Council Member Suarez, that said resolution be adopted; and that the Redevelopment Agency be authorized to expend $145,000 to cover, in part, the cost of preparing plans and specifications for seismically retrofitting the Agency's five-level parking structure. The motion carried and Resolution No. 2000-292 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGitmis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CENTURY CROWELL DISPOSITION DEVELOPMENT AGREEMENT - ARROW VISTA (Continued from August 21,2000) (R3S) Executive Director Van Osdel requested that the matter be tabled. Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that the matter be tabled. COUNCIL MEMBER SCHNETZ EXCUSED At 2:34 p.m., Council Member Schnetz registered an abstention regarding Agenda Item No. RSIA & B, and left the Council meeting, stating that he was involved in marketing of the project. RES. 2000-293 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN MODIFICATIONS TO MAYOR AND COMMON COUNCIL RESOLUTION NO. 2000-249 AND AUTHORIZING THE EXECUTION BY THE MAYOR OF ECONOMIC DEVELOPMENT GRANT AGREEMENT NO. B-93-ED-06-0539 AND CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED (303 WEST THIRD STREET). (RSIA) 20 9/18/2000 RES. CDC/2000-33 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN MODIFICATIONS TO COMMON COUNCIL RESOLUTION NO. 2000-27 AND COMMON COUNCIL RESOLUTION NO. 2000-28 AND AUTHORIZING THE EXECUTION BY THE CHAIRPERSON OF THE OWNER PARTICIPATION AGREEMENT (303 WEST THIRD STREET PROJECT) BY AND BETWEEN 303 WEST THIRD STREET, L.L.C., AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (RSlB) Executive Director Van Osdel commented that when the Agency sought Section 108 loan funds and Economic Development Initiative tEDI) funds in the past, they have always served in the capacity of Lender. He stated that this authorized the Mayor to sign the agreement, and was a modification to the action taken at the Council meeting of August 7,2000. Council Member McGinnis asked about repercussions to the City's General Fund if the loan is not paid. Executive Director Van Osdel stated that there would be no repercussions to the City's General Fund. He stated that the City was the entitlement City for the Block Grant Fund, the Agency administered the funds on behalf of the City, and CDBG Funds were the security for the Section 108 loan. Special Counsel Sabo stated that the Department of Housing and Urban Development changed the signatory requirements and completely revamped the documentation in order to expedite the process, but the change would not increase or decrease the City's liability. Council Member McCammack made a motion, seconded by Council Member Estrada, that said resolutions A & B, be adopted. Resolution Nos. 2000-293 and CDC/2000-33 were adopted by the following vote: Ayes: Council Members Estrada, Lien. McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstains: Council Member Schnetz. Absent: None. COUNCIL MEMBER SCHNETZ RETURNED At 2:48 p.m., Council Member Schnetz returned to the Council meeting and took his place at the Council table. PUBLIC COMMENTS (36) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding Paul Wells and the injustice in the City. 21 9/18/2000 James Penman, 221 E. Marshal Blvd., San Bernardino, CA, stated that he has taken a strong position of opposition to the proposed Charter and encouraged residents to read the information and make their own decision, but said he would be voting no on Measure M. ADJOURNMENT (37) The meeting was adjourned at 2:54 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, October 2,2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk ~. Iud I B yt~ X. ~L/Uttd Linda Sutherland Deputy City Clerk No. of Items: 38 No. of Hours: 4.5 22 9/18/2000