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HomeMy WebLinkAbout12-20-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 20,1999 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bemardino was called to order by Mayor Pro Tern Lien at 8:06 a.m., Monday, December 20, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bemardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Lien, Council Members Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles, Council Members Estrada, Miller. City Attomey Penman announced that an additional item under 1. B. would be discussed in closed session, pertaining to the stairwell at the west end of "E" Street, leading to the Carousel Mall. Senior Assistant City Attorney Carlyle indicated that an additional item under 1 (A) would be discussed: City of San Bemardino vs. Bice. et al., San Bemardino Superior Court Case No. SCV SS59602. RECESS MEETING - CLOSED SESION (Discussed later in the meeting, page 24) (1) At 8:06 a.m., the Mayor Pro Tern and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Govemment Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; 1 12/20/99 Georgian Pruitt v. City of San Bernardino. et aL - United States District Court Case !,!o.EDCV 96-4110 RT (YAP-x). 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 - 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. (Public Employee Appointment) Appointment: Director of Animal Control 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: Northwest corner of Tippecanoe and 1-10 Freeway Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Arthur Pearlman, Pearlman/ Hopkins Under Negotiation: Purchase terms and conditions CLOSED SESSION At 8:06 a.m., Mayor Pro Tern Lien called the closed session to order in the conference room of the Council Chambers of City Hall. 2 12/20/99 ROLL CALL Roll call was taken by City Cler.k Clark with the following being present: Mayor Pro Tern Lien; Council Members Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles, Council Members Estrada, Miller. Also present: Senior Assistant City Attorney Carlyle, Paralegal Mitchell, Paralegal Greenleaf, 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/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority, while the Mayor Pro Tern and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8: 15 a.m., Council Member Estrada arrived at the closed sesSIOn. PARALEGAL MITCHELL EXCUSED At 8:29 a.m., Paralegal Mitchell left the closed session. ADJOURN CLOSED SESSION At 8:30 a.m., the closed session adjourned to 9:00 a.m. to the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Pro Tern Lien 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 Pro Tern Lien, Council Members Lien, Estrada, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles, Council Member Miller. CLOSED SESSION ANNOUNCEMENTS - CITY ATTORNEY PENMAN (Discussed earlier & later in the meeting, pages 1-2, 24) (1) 3 12/20/99 City Attorney Penman announced that the following action had been taken in closed session: Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously approved, that Council accept the offer of $6,250 to repair the stairway at the entrance to the Carousel Mall and accept ownership of the stairway and maintain it in the future. City Attorney Penman indicated that the stairwell was located at the west end of the pedestrian bridge running across "E" Street and has been the City's property all along. In closed session City Attorney Penman disclosed that the Carousel Mall hired Mark Edwards, City Attorney Penman's brother-in-law, to negotiate for them. Despite that fact, it was clear from plans that the Economic Development Agency had constructed both the bridge and the stairwell. City Attorney Penman requested that this be part of the record. . Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of John CicireiIi, as Director of Animal Control, effective January 10, 2000, at Range 4472, Step 1, be approved. INVOCATION The invocation was given by Jorge Carlos, Executive Assistant to Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Alma Morales, Maria Moo and Ashley Short of Bradley Elementary School. The San Bernardino International Choir sang a medley of songs, including "It's Holiday Time in San Bernardino." APPOINTMENTS - PLANNING COMMISSION - BOARD OF BUILDING COMMISSIONERS - COUNCIL MEMBER SUAREZ (2) Council Member Suarez submitted staff reports dated December 20, 1999, requesting the appointments of Joe Ramirez to the Planning Commission, and Michael Vasquez to the Board of Building Commissioners. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments of Joe Ramirez and Michael M. Vasquez, as requested by Council Member Suarez, be approved, 4 12/20/99 Council Member Suarez presen!ed Certificates of Appointment to both Joe Ramirez and Michael M. Vasquez. PRESENTATION - CERTIFICATE OF APPRECIATION - DR. SHARON CABALLERO (3) Mayor Pro Tern Lien presented Dr. Sharon Caballero, President of San Bemardino Valley College, with a Certificate of Appreciation for her work in the Child Care Summit. PRESENTATION - CERTIFICATE OF APPRECIATION - TOM ~~ ~ Mayor Pro Tern Lien presented Tom Rose, a City employee, with a Certificate of Appreciation for his efforts in rescuing Lisa Clark's son from drowning. RESOLUTION - RAY & EDNA RUCKER (3) Mayor Pro Tern Lien presented a resolution to Ray & Edna Rucker, retiring after 45 years, as Santa & Mrs. Claus. SERVICE PIN AWARDS (3) Teri Rubi, Chief of Staff, Mayor's Office, 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: NAME Diane Caldera Michael Curry Debra Woldruff Janet Mauren Clinton Sharp Thomas Holcombe Daniel Keil Brad Lawrence Thomas Vlaska Cheri Williams DEPARTMENT Code Compliance Development Services Development Services Facilities Management Facilities Management Police Department Police Department Police Department Police Department Police Department YEARS OF SERVICE 10 years 15 years 10 years 5 Years 15 years 15 years 15 years 15 years 10 years 20 years Lien. Each employee received a service pin presented by Mayor Pro Tern 5 12/20/99 ANNOUNCEMENTS - LARRY QUIEL (4) - Larry Quiel, President-Elect of the San Bernardino Area Chamber of Commerce, requested that everyone visit the new Cinemastar Theatre downtown and frequent local businesses in the area during the holiday season. He thanked all those who attended the Chamber of Commerce Holiday Open House and invited everyone to attend the annual installation dinner on January 27, at the San Bernardino International Airport Terminal. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien wish all a Happy Holiday and sent Council Member Miller get well wishes. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada wished everyone a Happy Holiday Season. Council Member Estrada commented on the opening of Cinemastar theatre, indicating there was a large crowd in attendance and expressed her hope that this trend continues. ANNOUNCEMENT - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis wished everyone a Merry Christmas. Council Member McGinnis thanked the Claim Jumper for their invitation to participate in their open house, and welcomed them to San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz wished everyone a safe and Happy Holiday Season. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez wished everyone a very Merry Christmas and bid welcome to all businesses that have decided to locate in San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson wished everyone a Merry Christmas and wished all a happy and peaceful ending to 1999. Council Member Anderson discussed the parking situation regarding the new theatre and indicated it was a good way for folks to become acquainted with local San 6 12/20/99 Bernardino businesses. She encouraged everyone to work together In the coming year. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark wished all a Merry Christmas and reminded everyone to either donate items or volunteer during the Holiday Season. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson gave a brief report on the City's Y2K preparations. He wished all a Happy Holiday Season, ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman encouraged all to shop San Bernardino first and wished everyone a Merry Christmas and a Happy New Year. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Suarez, 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. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: November 15, 1999. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 30, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the personnel actions as 7 12/20/99 submitted by the Chief Examiner, dated December 20, 1999, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bemardino, be approved and ratified. SET LUNCHEON WORKSHOP - MONDAY, JANUARY 10, 2000 STRATEGIC EDUCATION SERVICES, STATE LEGISLATIVE SERVICES (9) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, tllat a luncheon workshop be set for Monday, January 10, 2000, at 12 noon in the Management Information Center, 6th Floor, City Hall for a presentation by Strategic Education Services, State representatives, regarding the legislative advocacy program for the upcoming year. APPROVE DATES - YEAR 2000 - REGULAR MEETINGS OF MAYOR & COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION (11) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council and the Community Development Commission approve the following dates for renlar meetings of the Mayor and Common Council/Community Development Commission for the year 2000: January 10 (second Monday); January 24 (fourth Monday); February 7 and 22; March 6 and 20; April 3 and 17; May 1 and 15; June 5 and 19; July 10 (second Monday); and July 24 (fourtll Monday); August 7 and 21; September 5 and 18; October 2 and 16; November 6 and 20; December 4 and 18. ORD. MC-1063 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT PROCEDURES. (12) Council Member Anderson made a motion, seconded by Council Member Suarez, that said ordinance be adopted. Ordinance No. MC-I063 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. 8 12/20/99 , RES. 1999-317 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC., FOR SLURRY SEALING OF VARIOUS STREETS, PHASE VIII PER PLAN NO. 9996, AREAS "F," "G" AND "M." (13) RES. 1999-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ASSOCIATED ENGINEERS, INC., FOR THE DESIGN OF A MASTER PLAN STORM DRAIN IN "H" STREET FROM 17TH STREET TO 27TH STREET. (14) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions' be adopted. Resolution Nos. 1999-317 and 1999-318 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. AUTHORIZATION TO PROCEED ~ PROPOSED VACATION - PORTION OF LEXINGTON WAY - SOUTHWESTERLY OF HALLMARK PARKWAY - APPROVE PLAN NO. 10054 (15) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of Lexington Way, southwesterly of Hallmark Parkway; and that Plan No. 10054 showing the proposed vacation of a portion of Lexington Way, southwesterly of Hallmark Parkway, be approved. AUTHORIZE ADVERTISEMENT FOR BIDS - STREET & SIGNAL IMPROVEMENTS - 6TH STREET FROM "W STREET TO ARROWHEAD AVENUE - APPROVE PLAN NO. 9995.(16) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that Plan No. 9995 for street and signal improvements on 6th Street from "H" Street to Arrowhead Avenue, be approved; and that the Director of Development Services be authorized to advertise for bids. 9 12/20/99 RESOLUTIONS IMPLEMENTING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL AND MID-MANAGEMENT BARGAINING UNITS; A RESOLUTION RELATIVE TO AN UNDERSTANDING BETWEEN THE CITY AND THE MANAGEMENT/CONFIDENTIAL UNIT, AND BUDGET AMENDMENT TO FUND SAME. (Discussed later in the meeting, page 15) (20) NOTE: Agenda Item #20C regarding Management-Confidential employees, was pulled from the Consent Calendar and discussed later in the meeting; however, at iliis time, Council did approve ilie recommended motion which included language pertaining to ilie Management Confidential Employees Association. RES. 1999-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE CITY OF SAN BERNARDIO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. (20A) RES. 1999-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNITY OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. . (20B) RES. 1999-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHNSON AND ASSOCIATES TO CONDUCT A CLASSIFICATION AND COMPENSATION STUDY. (20D) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that said resolutions A, Band D be adopted; that the Mayor and Common Council authorize ilie Director of Finance to amend ilie FY 1999-2000 budget to: 1) appropriate $100,000 from the General Fund unappropriated/unreserved fund balance for negotiated salary increases as outlined in the staff report, and 2) transfer the funds budgeted in ilie General Fund Non- Departmental budget to the various departmental budgets to reflect ilie 10 12/20/99 cost of the negotiated salary increases with the General Unit bargaining group, Mid-Management bargaining ~ group, and the Management Confidential Employees Association. The motion carried and Resolution Nos. 1999-319, 1999-320 and 1999-321 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None, Absent: Council Member Miller. SET LUNCHEON WORKSHOP - JANUARY CHARTER REVIEW COMMITTEE - REVIEW PRINCIPLES & VARIOUS OPTIONS 24, 2000 - & DISCUSS (22) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that a luncheon workshop be set for Monday, January 24, 2000 at 12 noon in the Management Information Center, 6th Floor, City Hall, to receive information regarding the review and discussion of principles and various options the Charter Review Committee is considering. RES. 1999-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT (23) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 1999-322 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVICE AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $288,392 TO THE WACKENHUT CORPORATION FOR JAIL OPERATIONS. (25) RES. 1999-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVICE AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $331,323 TO THE WACKENHUT CORPORATION FOR CLERICAL SUPPORT SERVICES, WITHIN THE RECORDS DIVISION. (26) 11 12/20/99 RES. 1999-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING, THE EXECUTION OF A PURCHASE ORDER TO CREST CHEVROLET FOR TWO MODEL YEAR 2000 ASTRO COMPACT MINI-VANS FOR THE LIBRARY AND FIRE DEPARTMENTS. (27) RES. 1999-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO CREST CHEVROLET FOR ONE MODEL YEAR 2000 ASTRO COMPACT MINI-VAN FOR THE POLICE DEPARTMENT. (28) RES. 1999-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO CREST CHEVROLET FOR TWO MODEL YEAR 2000 CHEVROLET C2500 ONE-TON CAB AND CHASSIS TRUCKS FOR THE ANIMAL CONTROL o DEPARTMENT. (29) RES. 1999-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO CREST CHEVROLET FOR FOUR MODEL YEAR 2000 CAVALIER COMPACT SEDANS FOR THE DEVELOPMENT SERVICES DEPARTMENT AND THE CAR POOL. (30) RES. 1999-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO MIRACLE FORD FOR FIVE MODEL YEAR 2000 COMPACT FORD RANGER PICK-UP TRUCKS FOR THE FIRE, FACILITIES, AND DEVELOPMENT SERVICES DEPARTMENTS. (31) RES. 1999-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER TO METRO DBA STAR AUTO PARTS FOR THE PURCHASE OF AUTOMOTIVE PARTS AND SUPPLIES FOR THE CITY'S LIGHT VEHICLE FLEET TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (32) Council Member' Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 1999-323, 1999-324, 1999-325, 1999-326, 1999- 327, 1999-328, 1999-329, and 1999-330 were adopted by the following 12 12/20/99 vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RESOLUTIONS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR BOND COUNSEL AND INVESTMENT BANKER - ASSESSMENT DISTRICT NO. 1026, TRACT NOS. 11261,13822 AND 10260. (17) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF MILLER & SCHROEDER FINANCIAL, INC., FOR INVESTMENT BANKING SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 13822, PORTIONS OF TRACT NO. 11261 AND TRACT NO. 10260. (17A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF SABO AND GREEN FOR LEGAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 13822, PORTIONS OF TRACT NO. 11261 AND TRACT NO. 10260. (17B) Council Member Schnetz made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be referred to the Ways & Means Committee. RES. 1999-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THAT SAN BERNARDINO HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2000/2001-2005/2006 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN THE PROGRAM. (18) Director of Development Services Michael E. Hays, submitted a staff report dated December 1, 1999, wherein he requests authorization to submit projects and commit funding for the Regional Transportation Improvement Program (RTIP). Council Member Anderson noted that according to paragraph 4 of the staff report, the 1997 RTIP had a date of 2002 for the State Street Project, rather than the current projected date of 2004; however, the date could be changed by direction of the Mayor and Council. She would like it noted that the previous date was 2002. 13 12/20/99 Ray Casey, City Engineer, stated that the State Street Project is not in the current Capital Improvement Program (CIP), although the design and right-of-way elements are. San Bernardino Associated Govemments (SANBAG) reviews the City's submittals to make sure that those projects identified in the first three years of the RTIP are financially constrained and in our current CIP. RTIP is a laundry list of projects, wherein we seek state funding. Council Member Anderson indicated this project should have a better chance, since it is the second time it has been on RTIP. She indicated the date 2002 would be more beneficial than the date 2004. Council Member Schnetz asked if there was anything the Council could do to move funding along for the State Street Project. City Attorney Penman indicated Council has the ultimate authority as to priorities and is the final decision-maker. Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution be adopted. Resolution No. 1999-331 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-332 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO ALLTEL SUPPLY, INC., FOR SIXTEEN VODAVI TELEPHONE SYSTEMS, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (19) City Administrator Wilson reviewed a report submitted by James Sharer, Facilities Manager, requesting issuance of a purchase order for sixteen Vodavi telephone systems. Council Member Estrada asked if this system was coordinated with the system recently purchased by the Economic Development Agency, City Administrator Wilson indicated the two systems are unrelated. Council Member McGinnis made a motion, seconded by Council Member Estrada, that said resolution be adopted. 14 12/20/99 Resolution No. 1999-332 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. 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, 1999-197 AND 1999-198. (Discussed earlier in the meeting, page 10) (20C) Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Council meeting of January 10,2000. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTIONS 10, 11, 12 AND 14, ENTITLED IN PART, "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..., "BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS (GENERAL UNIT, MIDDLE MANAGEMENT UNIT, MANAGEMENT & CONFIDENTIAL. (Discussed later in the meeting, page 18.) (21) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that this matter be heard in the aftemoon session of the Mayor and Council meeting. RES. 1999-333 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND THE FRONTIER GROUP NOT TO EXCEED $28,058.00 FOR A POLE CAMERA TO BE UTILIZED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. (24) Captain Curtis, Police Department, submitted a staff report dated December 1, 1999, prepared by Chief Lee Dean, wherein he requested authorization to purchase a pole camera to be utilized by the Police Department. Council Member Estrada asked if there were any legal problems associated with the use of a pole camera. 15 12/20/99 City Attorney Penman indicated this is an area he has been interested in for some time and indicated there have been no problems associated with it. Discussion followed as to the benefits of this form of surveillance and it was suggested that additional pole cameras be purchased, if the budget for the next fiscal year permits. Council Member Schnetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 1999-333 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-334 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS TO MCCRAY ENTERPRISES, P&S TRUCK SUPPLY, INC., RUSH TRUCK CENTERS OF CALIFORNIA, AND DIETERICH INTERNATIONAL FOR STATE MANDATED PREVENTIVE MAINTENANCE INSPECTIONS AND REPAIR OF THE CITY'S HEAVY TRUCK FLEET UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (33) Council Member Estrada made a motion, seconded by Council Member Anderson, that the Director of Finance be authorized to amend the FY 1999-2000 budget and appropriate $135,000 from the Fleet fund's unappropriated/undesignated fund balance for outside vehicle maintenance (635-341-5173); and that said resolution be adopted. The motion carried, and Resolution No. 1999-334 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.240 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING VEHICLES ON UNPAVED PARCELS OF REAL PROPERTY. (10) City Attorney Penman submitted a staff report dated December 1, 1999, wherein he describes the new ordinance, which allows Code Compliance Officers to issue parking control notices and place them on offending cars that park on unimproved surfaces. 16 12/20/99 Council Member Estrada inquired if this would include parking on paved or commercial roads. City Attorney Penman indicated he is reviewing this, but the present ordinance is aimed at vehicles parked on lawns and all unimproved surfaces. He would like to get this ordinance approved so it can be enforced, and suggested that once this was done, the entire matter could be referred to Legislative Review. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510, AND 93-381, AND DECREASING THE TRAFFIC SYSTEMS FEE, THE SEWER CONNECTION AND INSPECTION FEE, AND THE STORM DRAINAGE FEE FOR NEW DEVELOPMENT ON PREVIOUSLY DEVELOPED PARCELS. (Discussed later in the meeting, page 18) (34) Council Member Schnetz made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be heard in the afternoon session. STATUS OF YEAR 2000 (Y2K) COMPLIANCE PROJECT (35) Janis Ingels, Management Information Services Director, gave a report on the City's Y2K readiness, indicating all has been done to alleviate any critical matter concerning software. City Administrator Wilson indicated that the City would be staffed during Y2K. EOC will be operating with four to five people, with many on-call employees. The Police Department will have a 50-man rapid deployment force and the Fire Department will have additional staff available, as well. Mr. Wilson feels the City is well prepared for any unforeseen event. RECESS MEETING At 10:46 a.m., Mayor Pro Tern Lien recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. 17 12/20/99 RECONVENE MEETING At 2:04 p.m., Mayor Pro Tern l,ien reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bemardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Lien; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles, Council Member Miller. RES. 1999-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510, AND 93- 381, AND DECREASING THE TRAFFIC SYSTEMS FEE, THE SEWER CONNECTION AND INSPECTION FEE, AND THE STORM DRAINAGE FEE FOR NEW DEVELOPMENT ON PREVIOUSLY DEVELOPED PARCELS. (Discussed earlier in the meeting, page 17) (34) City Administrator Fred Wilson submitted a staff report dated November 4, 1999, wherein he requests Council action on a resolution which would decrease the traffic systems fee, storm drainage fee and sewer connection and inspection fees for new development on previously developed parcels. The change in the language clarifies that the fee is only for the difference of what is there and what will be there. Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-335 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-336 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTIONS 10, 11, ENTITLED IN PART, "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..., "BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS (GENERAL UNIT, MIDDLE- MANAGEMENT UNIT). (Discussed earlier in the meeting, page 15) (21) City Clerk Clark indicated that the title of this resolution had changed as indicated above. 18 12/20/99 Council Member Estrada made ~a motion, seconded by Council Member McGinnis, that said resolution be adopted, Resolution No. 1999-336 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 2:08 p.m., City Attomey Penman and City Administrator Wilson left the Council meeting and were replaced by Senior Assistant City Attorney Carlyle, Attomey D. Gondek and Economic Development Agency Executive Director Van Osdel. 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., Mayor Pro Tern Lien called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bemardino Park Acquisition Joint Powers Financing Authority/San Bemardino Associated Communities Financing Authority and Mayor and Common Council to order. PUBLIC HEARING - FIVE YEAR IMPLEMENTATION PLAN - AGENCY'S REDEVELOPMENT PROJECT AREAS. (R36) RES. CDC/1999-46 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THE FIVE-YEAR IMPLEMENTATION PLAN FOR THE AGENCY'S REDEVELOPMENT PROJECT AREAS. (R36) Mayor Pro Tern Lien opened the hearing. Ronald E. Winkler, Director, Development Department, indicated that prior to December 31, 1999, the Economic Development Agency was required to prepare and adopt an Implementation Plan, along with a related Housing Compliance Plan. A noticed public hearing must be held first. The plan must include a review of the programs and projects that 19 12/20/99 were included in the original Plan, as well as a list of projects/programs that the Agency hopes to accomplish o,!:er the next five years. Bob Neves, 2348 Sterling Avenue, San Bemardino, Califomia, asked if the redevelopment plan for the five areas included any kind of plan for curb cuts throughout the City. Mr. Winkler indicated that the plan is for the entire redevelopment area and that handicapped access is dealt with on a project by project basis. Council Member Anderson thought there was a stand alone Library planned for the Sixth Ward. Mr. Winkler indicated that this was not part of the Agency's Five- Year Implementation Plan, Council Member Suarez questioned how much input the Agency received from Fifth Ward representatives. Mr. Winkler responded that the only input that would have been received on those activities that would be part of neighborhood input, such as suggestions for graffiti abatement or fa\;ade improvement programs. He indicated that this is not a list that is exclusive; it does not prevent additional projects from being done in the future -- it is simply a guideline. Council Member McGinnis made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolution be adopted. Resolution No. CDC/1999-46 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-337 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES FOR THE DAY CARE FACILITY RENOVATION LOCATED AT 780 GILBERT STREET (CDBG PROJECT #98-206). (R37) Maggie Pacheco, Director of Housing & Community Development, indicated that this particular item was approved by the Redevelopment Commission one year ago. They approved $39,000 in Community 20 12/20/99 Development Block Grant (CDBG) funds to Teddy Bear Tymes for child care renovations. The County EconoI,llic and Community Development Department had also awarded $38,500 in CDBG funds to Teddy Bear Tymes to augment the City's CDBG funds. The County will take the lead as they have given matching money to Teddy Bear Tymes. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-337 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. NO. CDC/1999-47 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 2000. (R38) Barbara Lindseth, Administrative Services Director, indicated that Govemment Code Section 53646 requires that the Community Development Commission annually adopt a Statement of Investment Policy for the Economic Development Agency. On December 21, 1998, the Commission adopted the Agency's Annual Statement of Investment Policy for the year 1999. Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. CDC/1999-47 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None, Absent: Council Member Miller. RESOLUTIONS APPROVING THE DRAFT PRELIMINARY REPORT, REDEVELOPMENT PLAN, OWNER PARTICIPATION PROCEDURES AND METHOD OF RELOCATION FOR THE 40th STREET REDEVELOPMENT PROJECT AREA (R39) RES. NO. CDC/1999-48 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE PRELIMINARY REPORT FOR THE PROPOSED 40TH STREET REDEVELOPMENT PROJECT AND DIRECTING THE TRANSMITTAL OF THE PRELIMINARY REPORT TO THE AFFECTED TAXING AGENCIES. (R39A) 21 12/20/99 RES. NO. CDC/1999-49 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVlNG THE DRAFf REDEVELOPMENT PLAN FOR THE 40TH STREET PROJECT AREA, AND AUTHORIZING TRANSMITTAL OF THE PROPOSED REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA AND SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION. (R39B) RES. NO. CDC/1999-50 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVlNG DRAFf RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS IN THE 40th STREET REDEVELOPMENT PROJECT, AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION, REVIEW AND COMMENT. (R39C) RES. NO. CDC/1999-51 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVlNG A DRAFf METHOD OF RELOCATION PURSUANT TO SECTION 33411 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR THE 40TH STREET REDEVELOPMENT PROJECT.(R39D) Ronald E. Winkler, Director Development Department, indicated that these items are a continuation of the effort to move towards adoption of the 40th Street Redevelopment Project Area. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolutions A-D, be adopted. Resolution Nos. CDC/1999-48, CDC/1999-49, CDC/1999-50, and CDC / 1999-51 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. 22 12/20/99 RES. CDC/1999-52 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT, AND AUTHORIZING EXECUTION THEREOF, WITH HDL COREN & CONE, IN ASSOCIATION WITH CITY ASSOCIATES, TO PERFORM PROPERTY TAX AUDITS AND MALAKI ANALYSIS FOR THE SAN BERNARDINO REDEVELOPMENT AGENCY. (R40) Barbara Lindseth, Administrative Services Director, indicated that staff desires to audit property tax and perform Malaki analysis for the Agency by utilizing the services of a qualified consulting firm. A request for proposals was issued to three consulting firms. The Agency received only one response - Hdl Coren & Cone. The agency is requesting approval of the agreement with Hdl Coren & Cone, in association with City Associates, to perform property tax audits and Malaki analysis for the San Bernardino Redevelopment Agency. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No.CDC/1999-52 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. RES. 1999-338 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY AND AUTHORIZATION TO PARTICIPATE IN THE LEASE-TO-OWN PROGRAM. (R41) Maggie Pacheco, Director of Housing & Community Development, indicated that the Riverside-San Bernardino Housing and Finance Authority (RISFA) was proposed to be created for the issuance of tax exempt bonds of which the proceeds will be used to purchase homes in both counties. They will be leased to eligible households with an opportunity to buy after three years. The City has the option of participating in the lease to own program in order to increase home ownership opportunities. 23 12/20/99 Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolution qe adopted. Resolution No. 1999-338 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member Miller. PUBLIC COMMENTS (42) Bob Neves, 2348 Sterling Avenue, San Bernardino, California, welcomed Council Member Suarez to the Council and wished everyone a Merry Christmas. Mr. Neves discussed accessibility for disabled people. Gil Navarro, President, California Parents Association, reminded everyone to get out and vote on January 11, in the election for the State Senate seat. Jay Lindberg, 6340 Orange Knoll, San Bernardino, California, discussed money being diverted to hospices. Jeff DeFilippes, 201 E. Ninth Street, San Bernardino, discussed a recent shooting in San Bernardino and suggested more police presence to deter gangs and drugs. He discussed the loose dog problem in San Bernardino. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting, pages 1-2) (1) At 2:55 p.m., Mayor Pro Tern Lien and the Common Council and the Community Development Commission recessed to closed session for the following: 1. A. City of San Bernardino vs. Bice. et al., San Bernardino Superior Court Case No. SCV SS59602. CLOSED SESSION At 2:55 p.m., Mayor Pro Tern Lien 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 Pro Tern Lien; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, Ronald E. Winkler, Director of Development Department, City Clerk Clark, City Administrator Wilson. Absent: Mayor Valles; Council Member Miller. 24 12/20/99 ADJOURN CLOSED SESSION/MEETING (43) At 3:40 p.m., the closed session/meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held on Monday, January 10, 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 d BY:C 17 ,-~."'~ " -..r-<-;>(......i No. of Items: 43 No. of Hours: 6 25 12/20/99