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HomeMy WebLinkAbout12-04-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 4, 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 8:12 a.m., Monday, December 4,2000, 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, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 19) (1) At 8:12 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). Citv of San Bernardino Municipal Water Department v. The United States Department of the Army - United States District Court Case No. CV 96-8867 consolidated with CV 96-5205; Highland Hills Homeowner Association v. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Roy Gonzales; Adolfo Arellano; Richard Robledo Salvador Jimenez v. Citv of San Bernardino - Bernardino Superior Court Case No. SCVSS 54993; and San 1 12/4/00 Juanita Gates v. San Bernardino Police Department - San Bernardino Superior Court Case No. SCVSS 71168; Rose Mihata v. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 30467. B. Conference with legal counsel - anticipated litigation - significant exposure of litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. 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 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Property Address: 1914 South Tippecanoe Avenue Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and the University Motel Under Negotiations: Purchase terms and conditions CLOSED SESSION At 8:12 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, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Lien. 2 12/4/00 Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Empeno and Easland, Water Department General Manager Bernard Kersey, Attorney Tom Jacobson, Gresham Savage Nolan & Tilden, Legal Secretary Josie Soria, City Attorney'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, Council and Community Development Commission were in closed sessIOn. DEPUTY CITY ATTORNEY EMPENO, WATER DEPARTMENT GENERAL MANAGER KERSEY AND ATTORNEY TOM JACOBSON EXCUSED At 8:25 a.m., Deputy City Attorney Empeno, Water Department General Manager Kersey and Attorney Tom Jacobson left the closed sessIOn. COUNCIL MEMBER LIEN ARRIVED At 8:27 a.m., Council Member Lien arrived at the closed session. HUMAN RESOURCES DIRECTOR RAYA AND LIABILITY CLAIMS ADJUSTER ANDRES ARRIVED At 8:43 a.m., Human Resources Director Raya and Liability Claims Adjuster Andres arrived at the closed session. HUMAN RESOURCES DIRECTOR RAYA AND LIABILITY CLAIMS ADJUSTER ANDRES EXCUSED At 8:50 a.m., Human Resources Director Raya and Liability Claims Adjuster Andres left the closed session. ADJOURN CLOSED SESSION At 8:55 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:05 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. 3 12/4/00 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. CITY ATTORNEY PENMAN EXCUSED At 9:06 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. INVOCATION The invocation was given by Executive Assistant to the Council, Jorge Carlos. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Amelia Joslyn, a student at Bradley Elementary School. SENIOR ASISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:08 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. PRESENTATION - NEIGHBORHOOD PRIDE AWARD (3) Mayor Valles and Council Member McCammack presented Luis Franco, who resides in the Seventh Ward, with the quarterly Neighborhood Pride Award and praised him for his well kept home. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced several events taking place throughout the City including the Christmas Parade, which took place on Saturday, December 2, 2000. He indicated that on December 8, the American Red Cross will have an open house; on December 12, the Mayor will hold the Annual Prayer Breakfast; and on December 17 the San Bernardino Area Chamber of Commerce will hold its Annual Holiday Reception. Mr. Quiel reminded everyone of the upcoming performances of the Phantom of the Opera at the California Theatre. He stated that on December 16 there will be a holiday tree giveaway at the Edward Dean Museum of Decorative Arts in Cherry Valley. On December 21 there will be a ribbon cutting ceremony at the Neighborhood Housing Services of the Inland Empire in San Bernardino. He wished all a happy holiday season. 4 12/4/00 ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien thanked San Bernardino Associated Governments (SANBAG) for the opportunity to join them in riding the MAGLEV train in Germany. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis commented on the Christmas Parade. He discussed the cleanup in the Third Ward, which took place on December 2, and indicated they will have another one in January or February. He invited everyone to attend the tree lighting ceremony to be held on December 4, 2000, at 5:00 p.m. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz discussed the 30/40 Club, indicating they will be meeting tonight at 7:00 p.m., at Calvary Baptist Church on Sierra Way and Parkdale. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez thanked all the neighborhood groups in the north end for their continued help in keeping the area clean. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked her fellow Swan Club members for honoring her on November 25, 2000, on being the longest active member in the club (40 years). ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack congratulated all the sponsors and volunteers who participated in the 24th Annual YMCA Children's Christmas Parade. Council Member McCammack also congratulated the 33 police officers who received awards at their installation dinner on Friday night and thanked them for their many years of service. ANNOUNCEMENT - MAYOR VALLES (4) Mayor Valles commented on the recent issue of "News of the City," an insert in The San Bernardino County Sun Newspaper, which focused 5 12/4/00 on business growth in the City of San Bernardino. She extended her thanks to the News of the City advertisers who sponsor this publication, as well as The Sun. She also thanked Lamar Outdoor Advertising for their bus shelter ads that support this publication. Mayor Valles discussed the article to be published by the United States Conference of Mayors, which will feature the City's Competitive City Training Program. Mayor Valles indicated that she would be meeting this week with Presidents of the San Bernardino Business Associations, addressing their needs for business improvements. Mayor Valles indicated the Senior Investigator Juan Savillano of the State Department of Motor Vehicles, will be a guest on an upcoming Community Update Show on KCSB-TV3, in mid-December. He will be providing information on "Identity Theft." Mayor Valles indicated that on Friday, December 1, both she and Council Members participated in a goal setting session, focusing on building planning strategy for next year. Mayor Valles indicated that the Cal State Institute of Applied Research conducted a Citizens' poll recently and they indicated the feedback was positive. Mayor Valles updated Council on public works projects that are currently in progress, and reminded residents that sandbags are available at Blair Park, Wildwood Park and Seccombe Lake Park. Mayor Valles thanked everyone who participated in the Christmas Parade. Mayor Valles also congratulated the 33 police officers who received awards at their Annual Installation Dinner. Mayor Valles particularly thanked Assistant Chief of Police Harp and Lt. Evans for their years of service to the City, indicating they plan to retire within the near future. Mayor Valles offered condolences on the death of Father Joe Kraj of Our Lady of Assumption Church and extended sympathy to the Diocese of San Bernardino. Mayor Valles requested a moment of silence in memory of Father Kraj. Mayor Valles indicated that the Latino Book Festival was held at the National Orange Show this past weekend. Thousands of children and their families attended. Due to an unforeseen conflict, Edward Olmos was unable to attend the Festival. Mayor Valles indicated that the Inland Empire is the sixth largest Latino market in the United States. 6 12/4/00 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman congratulated all those who participated in the Annual YMCA Christmas Parade, as well as the YMCA Breakfast. He further congratulated the police officers honored at the Police Officers' Association installation dinner. City Attorney Penman announced a strengthening of an existing policy in his office regarding representation. He indicated that during the past several weeks statements have been made regarding campaigning, which may have caused some Council Members to have questions or a different understanding of what is the role of the City Attorney. Mr. Penman indicated that when he was first elected City Attorney, he had come from private practice and couldn't understand how the City Attorney could represent the Mayor and the Council when they don't always agree, or the Planning Commission when they don't always agree. He noted a case entitled Ward us. Superior Court and would like to share this with the Mayor and Council. Mr. Penman indicated that Phillip Watson, the County Assessor for Los Angeles, sued Baxter Ward and the other Supervisors. The Supervisors were represented by the County Counsel. Phillip Watson filed a motion with the trial court to disqualify the County Counsel because the County Counsel had represented Mr. Watson before on lawsuits. The trial court granted Mr. Watson's motion. The Appellate Court noted that most everyday lawyers and everyday judges don't deal with the issues of municipal attorneys and issued a Writ directing the Superior Court to vacate its order disqualifying the County Counsel. The pertinent language in the court's decision is as follows: "It is to be noted that the basis of the attorney/client relationship in the case of public attorneys is not contractual as is the case of a normal attorney/client relationship, but rather is statutory or mandated by a County or City Charter. " Mr. Penman indicated that this was the case here. It is not contractual, it is mandated by the City Charter. The court went on to say the Los Angeles County Counsel has only one client, namely, the County of Los Angeles. The County acts through its Board of Supervisors, its officers and employees, much as does a private corporation. Under the mandate of the Los Angeles County Charter, Article 6, Section 21, which Mr. Penman indicated is similar to our City Charter, the County Counsel must represent County Officers in civil actions, but only as to matters 7 12/4/00 wherein such officers acted in their representative capacity and within the scope of their official duties. Thus, the County Counsel's representation of the County officers is analogous to the representation of officers of a corporation by corporate counsel. He further indicated the court cites one of those cases precisely and says: "Appellant has not cited nor have we found any case holding that an attorney for a corporation is disqualified from representing it in an action brought by and against one of its officers, nor that in such an action the attorney may not use information received from such officers in connection with company matters. The attorney for a corporation represents it, its stockholders and its officers in their representative capacity." Mr. Penman indicated that this is the key language that we all need to understand - very important for the Mayor - very important for the Council - this one phrase - "He in no way represented the officers personally. " Mr. Penman stated that public attorneys do not represent any of the City staff personally and staff does not have the right to have a personal attorney. The law is very clear on that. There are a lot of local lawyers and even judges who don't practice municipal law and are not even familiar with this case, yet alone the law in this area. As a result, the City Attorney's office will issue a representation letter - the same one that is used by appointed city attorneys, as their role is the same. The difference is that the Mayor and Council can order the appointed attorney to do certain things. The letter will be issued to each Council Member in order that they better understand that anything they tell the City Attorney's Office is not held in confidence from the corporate body, which are the Mayor and Council. The City Attorney's Office is not a personal attorney and the law does not allow staff to have a personal attorney unless it's paid by the individual. The City Attorney's Office will represent City staff and the Mayor and Common Council as the Charter says, if someone is sued in his or her official capacity. Mr. Penman stated that the City Attorney's Office would be a lot more aggressive in its role at Council meetings. Certain things on the agenda, which will be approved by the Mayor and Council, will be objected to solely for legal reasons. All the City Attorney's Office can do is give advice. The City Attorney's Office does not have a veto, or a vote. The City Attorney's Office is here to advise the Mayor and Council. Mr. Penman thanked the Mayor and Council for giving him the opportunity to speak. He indicated that they will also be distributing a letter, which was received by both he and the Mayor from Allen Gresham. The Council, for some time, has asked for a second opinion on the issue of Council's ability to hire outside attorneys. Mr. Gresham was hired by 8 12/4/00 the City to evaluate the Charter, and his office prepared a separate analysis of that issue. This letter will be distributed to Council. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson indicated the Governor signed a significant transportation package, which will provide SANBAG funding for some major projects. Locally, it means about 1.3 million in additional revenues that were not anticipated as part of the City's budget planning process. The money is to be used solely for street and road improvements. Staff is developing recommendations that will be brought forward to the Council for their review. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark congratulated the Inland Ballet Company for their performance in the Nutcracker Suite performed at the California Theatre. She also congratulated Casa De Flores for 25 years of business in San Bernardino. She reminded everyone that on December 9, 2000, the Sinfonia Mexicana will be holding their 3rd Annual Mariachi Christmas Concert, with Mayor Valles as the featured vocalist. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that 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 Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 29, 2000, from Barbara Pachon, Director of Finance, be approved. (7) RES. 2000-338 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON THE 7TH DAY OF NOVEMBER 2000, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (9) 9 12/4/00 Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-338 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SET MAYOR AND COMMON COUNCIL & COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING DATES FOR 2001. (10) Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council and the Community Development Commission for the year 2001: January 8 (second Monday); January 22 (fourth Monday); February 5 and 20; March 5 and 19; April 2 and 16; May 7 and 21; June 4 and 18; July 9 (second Monday); July 23 (fourth Monday); August 6 and 20; September 4 and 17; October 1 and 15; November 5 and 19; December 3 and 17. RES. 2000-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION...PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF..." TO ESTABLISH A NO PARKING ANY TIME ZONE ON JEFFERSON STREET BETWEEN I-215 FREEWAY OFF RAMP AND ONE HUNDRED FEET WEST OF THE I-215 FREEWAY OFF-RAMP, APPLICABLE TO THE NORTH SIDE ONLY. (11) RES. 2000-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO JANUS CORPORATION FOR ABATEMENT OF LEAD-BASED PAINTS, ASBESTOS, PCB, AND CLEAN UP OF THE SAN BERNARDINO SANTA FE DEPOT. (13) Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 2000-339 and 2000-340 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 12/4/00 AUTHORIZE CONTRACT CHANGE ORDER NO.1 - DAVID T. WASDEN, INC. - STORM DRAIN IMPROVEMENTS ON "E" STREET FROM 4TH STREET TO 5TH STREET - PAVEMENT REHABILITATION FROM 4TH STREET TO 6TH STREET. (14) Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. One in the amount of $7,452.34 to the contract with David T. Wasden, Inc., for storm drain improvements in "E" Street from 4th Street to 5th Street and pavement rehabilitation from 4th Street to 6th Street. RES. 2000-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (15) RES. 2000-342 -RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PIGGYBACK PURCHASE ORDER TO HIDRO-GRUBERT USA FOR THE FURNISHING AND DELIVERY OF ONE (1) AERIAL LIFT BUCKET TRUCK TO BE UTILIZED BY THE DEVELOPMENT SERVICES/TRAFFIC SIGNAL DIVISION.(16) RES. 2000-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO DIETERICH INTERNATIONAL TRUCK SALES, INC. AND TRANSCOM USA FOR HEAVY DUTY TRUCK PARTS TO BE UTILIZED BY THE FLEET DIVISION. (18) RES. 2000-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF PURCHASE ORDER TO NEFF RENTAL OF SAN BERNARDINO FOR ONE (1) USED FORK LIFT TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT (19) Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Nos. 2000-341, 2000-342, 2000-343 and 2000-344 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 12/4/00 COUNCIL MINUTES (6) City Clerk Clark requested that this item be continued to the next meeting in order to conduct a further review of the minutes. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to December 18, 2000. PERSONNEL ACTIONS (8) Council Member Anderson inquired as to the meaning of overfill capacity. City Administrator Wilson indicated that overfill means there are positions over what is authorized in the budget. In this particular instance, it addresses the constant turnover of dispatchers by overfilling or hiring more than is budgeted for. He indicated that he approved the overfilling, as these positions concern life/safety issues. Council Member Anderson believes that overfilling issues should go before the Personnel Committee and be addressed as part of the budget. Susan Rogers, a resident of the City of San Bernardino commented on equal opportunities at San Bernardino City Hall. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried that the personnel actions as submitted by the Chief Examiner dated November 29, 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. RES. 2000-345 - 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 AUTHORIZING THE INSTALLATION OF A TWO-WAY STOP AT THE INTERSECTION OF NINETEENTH STREET AND LUGO AVENUE. (12) 12 12/4/00 Council Member Lien indicated that the Department of Motor Vehicles Neighborhood Association was concerned with the traffic conditions on 19th Street at Lugo. The Neighborhood Association had a suggestion that was brought before the Traffic Safety Commission. Consequently, stop signs will be installed. Council Member Lien thanked the people at the Department of Motor Vehicles Neighborhood Association for bringing this forward. Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-345 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays. None. Absent: None. CONTINUE TO MARCH 5, 2001 - RESOLUTION APPROVING FINAL MAP - TENTATIVE TRACT NO. 14112 - LOCATED NORTHEASTERLY OF THE INTERSECTION OF FOOTHILL DRIVE & STERLING AVENUE (Continued from September 5,2000.) (20) Council Member McGinnis stated that this item has been continued many times and asked how many more continuances would be requested. He feels that items that are two years old ought to be taken off the agenda, and the developer should reapply. Mr. McGinnis suggested that staff evaluate how long continuances should go on. Council Member Schnetz indicated this project was approved in 1990 and automatic renewals of the project expired in 1999. He recalled some facts surrounding the project. He indicated that there is new staff since this project started and if the developers are not serious about getting their joint venture together and posting their bonds by March 5, 2001, this should be the last extension on this item. Council Member Anderson indicated this is the seventh time that the developer has asked for an extension. She inquired as to the maximum time we needed to act on this. She indicated the motion should reflect that this is the last time a continuance would be granted. Council Member Schnetz made a motion that this item be continued to March 5, 2001, but that this would be the last continuance to be granted. The motion failed for lack of a second. 13 12/4/00 City Attorney Penman requested a closed session under Item 1, Significant Exposure to Litigation. RECESS MEETING - CLOSED SESSION At 9:40 a.m., the Mayor and Common Council recessed to closed session. 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. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno, City Engineer Casey. RECONVENE MEETING At 9:59 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. Council Member Estrada made a substitute motion, seconded by Council Member Suarez, and unanimously carried, that the Final Map for Tentative Tract No. 14112 be continued to the Council Meeting of March 5, 2001. RES. 2000-346 - RESOULTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A CALIFORNIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND CONSTRUCTION OF PHASE 1 ROAD INPROVEMENTS TO STATE STREET AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND BASELINE STREET. (21) City Engineer Casey reviewed the sequence of events relating to this item indicating there is one legal issue to be addressed regarding binding arbitration. 14 12/4/00 Susan Rogers, a San Bernardino resident, spoke about student safety issues concerning this project. City Attorney Penman indicated that his office has declined to sign off on this because there is a provision concerning binding arbitration. Several years ago the Council adopted a policy of not entering into a contract containing a clause for binding arbitration. He stated that binding arbitration generally favors the private business person. Arbitrators are drawn from the private sector, and the attorneys representing private individuals are usually from the private sector and tend to go that way. Mr. Penman has not heard any facts as to why the City should have binding arbitration in this case. Council Member McGinnis asked what is the difference between the State saying the City has to have binding arbitration for our public safety people and in an instance like this. City Attorney Penman indicated that m personnel matters, the State Legislature chose to do something that a number of employee unions believe will be favorable to them. The League of California Cities is fighting this, recognizing that binding arbitration is not in the best interest of a legal entity. Discussion followed regarding the project cost estimate and funding. Council Member Estrada asked if language could be added that could make this agreement more palatable. City Attorney Penman indicated it could be changed to a non- binding arbitration, although the other party is insisting on binding arbitration. Discussion followed regarding binding arbitration. City Engineer Casey indicated there would be delays if the agreement is not approved, as written. In order to meet the deadlines scheduled, the City must move quickly. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-346 was adopted by the following vote: Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. McGinnis. Absent: None. Ayes: Nays: 15 12/4/00 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, THE CITY OF RIALTO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIALTO AND THE CITY OF COLTON FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM (STP) FUNDING FOR THE EXTENSION. (Continued from November 20, 2000.) (22) William Woolard, Interim Director of Development Services, requested a continuance to December 18, 2000. Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to December 18, 2000. A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH RESOLUTION 2000-47. (Continued from November 6, 2000.) (23) William Woolard, Interim Director of Development Services, submitted a staff report dated November 30, 2000, requesting a continuance of this item to December 18, 2000 in order to continue discussions for an Interim Agreement for Towing Services with Hayes Towing. Jim Sullivan, 1951 West Key Street, Colton requested that the Mayor and Council consider that this item be deferred to a date beyond December 18, 2000, to allow further review by the Police Department and further participation of other towing businesses. Manny Acosta, 706 S. Lugo Avenue, San Bernardino, is requesting to participate on the application for a tow franchise with the City of San Bernardino. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to December 18, 2000. 16 12/4/00 Michelle Hayes, Hayes Towing, San Bernardino indicated they are waiting for the bond to be posted. She indicated that everything is going well and they have obtained the proper documents in order to enter into the interim agreement with the City. REPORT OF MEASURE "M" COSTS (24) In a staff report dated November 28, 2000, Council Member McCammack indicated that several constituents have requested a breakdown of all the costs associated with Measure M, and that some of the money paid out in connection with this issue may have been recoverable from other sources. The information requested is of public record and will give this body an opportunity to exercise their oversight and duties, and to be aware of the total costs incurred. Council Member Estrada indicated that at the last meeting she was concerned about micromanaging the departments. Council Member Estrada does not have a problem with the request, but if we are making a request of this kind, it must be all encompassing. She indicated there are campaign reports that are filed stating how much money each of the opponents has spent on the issue. Staff needs to know exactly what needs to be identified in order to get a true cost to the City. Staff will also need guidelines as to what depth they need to go. Council Member McCammack stated that she does not want to micromanage to the minute. She specifically would like to know the costs of items A and B - all bills paid and unpaid and all bills yet to be received, as stated in her request. Council Member Schnetz indicated he does not see what this will accomplish. He indicated that they had voted to place this before the public and he does not want anybody to say the Council won't do it again, because it costs too much. Council Member Schnetz made a motion, seconded by Council Member Lien, that the item be tabled. The motion carried by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Members Lien, McCammack. Absent: None. COUNCIL MEMBER SCHNETZ EXCUSED At 10:50 a.m., Council Member Schnetz left the Council Meeting. 17 12/4/00 Council Member Estrada asked if this item could be brought before the Council again, and City Attorney Penman indicated that this item could be placed on the agenda again, if so desired, or a motion to reconsider could be made. Mayor Valles indicated that she has directed City Administrator Wilson to provide the information requested by Council Member McCammack. RECESS MEETING At 11:01 a.m., Mayor Valles recessed the meeting to 11:30 a.m. in the Economic Development Agency Board Room to continue the December 1st workshop concerning proposed goals and priorities for 2001. RECONVENE MEETING At 11:44 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council 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, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schnetz. Also present: Executive Director Van Osdel, Economic Development Agency, Mayor's Executive Assistant Rubi. LUNCHEON WORKSHOP - PROPOSED GOALS & PRIORITIES Council discussed the setting of goals and priorities for the coming year. COUNCIL MEMBER McCAMMACK EXCUSED At 12:28 p.m., Council Member McCammack left the workshop. COUNCIL MEMBER LIEN EXCUSED & COUNCIL MEMBER SCHNETZ ARRIVED At 12:46 p.m., Council Member Lien left the workshop and Council Member Schnetz arrived at the workshop and took his place at the board room table 18 12/4/00 COUNCIL MEMBER SUAREZ EXCUSED At 1:01 p.m., Council Member Suarez left the workshop. There was no formal action taken during the luncheon workshop. RECESS MEETING At 1:25 p.m., Mayor Valles recessed the luncheon workshop to 2:00 p.m. in the Council Chambers of City Hall. 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 2:09 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. 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: None. RECESSED MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 2) At 2:09 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government code Section and for consideration of cases listed under Agenda Items No. lA, pages 1 & 2. CLOSED SESSION At 2:09 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 19 12/4/00 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo, City Clerk Clark. ADJOURN CLOSED SESSION At 2:21 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:21, Chairwoman Valles reconvened 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. 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, Deputy City Clerk Clark. Absent: None. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 TO THE SEPTEMBER 7, 1999, COOPERATIVE/DELEGATE AGENCY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE GRANT PROGRAM (NIP). (Continued from November 20, 2000) (R25) Agency Executive Director Van Osdel requested that Motion "1" be tabled until staff can recommend an agreement for Council's approval, and requested that Council approve Motions "2" and "3." Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be tabled (Motion "1") and that the Community Development Commission authorize (1) the purchase of all HUD properties from County of San Bernardino by the Agency within the approved NIP Target Areas 1-6; and (2) the conveyance of the HUD properties to approved Acquisition, Rehabilitation and Resale (ARR) participants, as selected by staff, (except the 49th Street properties, and 20 12/4/00 those noted in Attachment "C-1") at the approved purchase price; and (3) the appropriation of Agency Housing Funds in an amount not to exceed $300,000 to be used to assist the ARR participants with leveraging of private rehabilitation, reconstruction funds and gap acquisition, thus allowing for the successful purchase and rehabilitation of the HUD properties; and that the Community Development Commission authorize (1) the Agency Executive Director to execute all appropriate acquisition documents whereby the Agency will directly purchase the properties located at 263,271, 275 & 283 East 49th Street, NIP #5 (the "Properties") from the County of San Bernardino; and (2) appropriate the sum of $460,000 from the Agency's Housing fund for the acquisition of the Properties, demolition of the Properties, and for the acquisition of any properties which become available for sale in the future on the East 49th Street block, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: None. JOINT PUBLIC HEARING - CENTURY CROWELL - ARROW VISTA HOUSING DEVELOPMENT (Continued from November 20, 2000) (R26) Mayor Valles opened the hearing. Economic Development Agency Executive Director Van Osdel indicated that this item was continued from the November 20, 2000 meeting. He indicated that the Agency now has an acceptable document to present to Council for approval. Maggie Pacheco, Director of Housing and Community Development, indicated that they have been working on this project for some time and reviewed the specific deal points of the document with the Council. David Cooper, Century Crowell Communities, 1535 South "D" Street, San Bernardino, indicated they are ready to start construction of the houses and are in the process of completing the plan check process. The equipment will be on site on December 18, 2000, and it is anticipated that the homes will be finished within five months. Discussion followed regarding funding. 21 12/4/00 Susan Rogers, a resident of San Bernardino, discussed storm drains and sewers and expressed concerns about construction during winter months. RES. CDC/2000-42 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSITION OF CERTAIN LANDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO CENTURY CROWELL COMMUNITIES, L.P. ("DEVELOPER") ON THE TERMS SET FORTH IN FIRST AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (NORTHWEST PROJECT AREA). (R26) RES. 2000-347 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THE PROPOSED DISPOSITION OF CERTAIN LANDS SUBMITTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING THE SALE OF PROPERTY ON THE TERMS SET FORTH IN A FIRST AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN CENTURY CROWELL COMMUNITIES ("DEVELOPER") AND THE REDEVELOPMENT AGENCY ("AGENCY"). (R26) Council Member Suarez made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolutions be adopted. Resolution No. CDC/2000-42 and 2000-347 were adopted by the following vote: Ayes: Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. TIPPECANOE RETAIL PROJECT - MOTEL ACQUISITION (R27) Economic Development Agency Executive Director Van Osdel indicated the need to move forward with the appraisal of the University Motel to enable In-N-Out Burger to relocate its facility closer to the new intersection of Harriman Place and Tippecanoe. Mr. Van Osdel is also requesting an amendment to the Development Code for a drive-thru fast food facility in the C-3 zone north of the I-lO Freeway. 22 12/4/00 Council Member McCammack asked that the motion reflect that the amendment to the Development Code be limited to Tippecanoe Avenue only. Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission authorize an appraisal of the University Motel property located at 1914 South Tippecanoe Avenue; and that the commission adopt a statutory exemption for this action; and that a Notice of Exemption be filed with the Clerk of the Board of San Bernardino County; and that the Mayor and Common Council direct Planning staff to consider an amendment to the Development Code to allow for drive-thru restaurant uses in the C-3 zone north of I-10, limited to Tippecanoe Avenue only. RES. CDC/2oo0-43 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE ECONOMIC DEVELOPMENT AGENCY'S ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 2001. (R28) Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/2000-43 was adopted by the following vote: Ayes: Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC COMMENTS (29) Jeff Dephillips, 2727 N. "I" Street, San Bernardino, spoke to the safety of the public regarding scooters and skateboards. He also discussed plans for the County Hospital on Gilbert Street, in San Bernardino. Susan Rogers, a resident of San Bernardino, discussed the homeless situation during the winter season. 23 12/4/00 ADJOURNMENT (30) At 2:47 p.m. the meeting was adjourned to 5:30 p.m., Monday, December 11,2000, at the San Bernardino Unified School District Office, 777 West "F" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, December 18, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RACHEL G. CLARK, CMC City Clerk By: CcdlJ~' ~pf}d~ ~ !Jftf / Cathl en ndrodi I Deputy City Clerk No. of Items: 30 No. of Hours: 5.5 24 12/4/00