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HomeMy WebLinkAbout01-08-2001 Minutes MINUTES MAYOR AND COMMON COONCIL AND COMMONITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 8, 2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Conunon Council and Conununity Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:08 a.m., Monday, January 8, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCanunack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman announced that the following additional case would be discussed in closed session: City of San Bernardino Municipal Water Department v. United States Department of Defense - United States District Court Case No. CV 96-5205 MRP (JGx) consolidated with Case No. CV %-8867 MRP (JGx). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 20, 38 & 39) (1) At 8:08 a.m., the Mayor and Conunon Council and Conununity Development Conunission 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): Hil!;h1and Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Rose Mihata v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467; 1 1/812001 William Walker, Jr., & Maria Walker v. City of San Bernardino Police Department, et al. - United States District Court Case No. SACV 98- 196 AHS (EEx). 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. Appointment Development Services Director 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: All County owned properties located within the Neighborhood Initiative Target Area No. One, generally bounded by 18th Street on the north, 13th Street on the south, "D" Street on the west, and Sierra Way on the east, within the City of San Bernardino. Nel!;otiatinl!; Parties: Gary Van Osdel, on behalf of the Redevelopment Agency of the City of San Bernardino; and the County of San Bernardino, Department of Economic and Conununity Development. Under Nel!;otiation: Purchase terms & conditions 2 1/8/2001 Property Address: Northwest corner of 4th and "E" Street N el!;otiatinl!; Parties: Gary Van Osdel, on behalf of the Redevelopment Agency of the City of San Bernardino and Rex Swanson, representing MDA San Bernardino Associates, LLC Under Nel!;otiation: Purchase price, terms & conditions CLOSED SESSION At 8: 10 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCanunack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Empeiio, Administrative Operations Supervisor Anderson, City Attorney's Office; Deputy General Manager Aldstadt, Water Department; and Special Counsel Thomas Jacobson of Gresham, Savage, Nolan & Tilden, LLP. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Conunon Council and Conununity Development Conunission while the Mayor and Conunon Council and Conununity Development Conunission were in closed session. COUNCIL MEMBER McGINNIS ARRIVED At 8:18 a.m., Council Member McGinnis arrived at the closed session. WATER DEPARTMENT DEPUTY GENERAL MANAGER ALDSTADT & SPECIAL COUNSEL JACOBSON EXCUSED At 8:32 a.m., Water Department Deputy General Manager Aldstadt and Special Counsel Jacobson left the closed session. DEPUTY CITY ATTORNEY BARNES ARRIVED At 8:33 a.m., Deputy City Attorney Barnes arrived at the closed session. 3 1/ 8/200 1 ADJOURN CLOSED SESSION At 9:11 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:18 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Conunon Council and Conununity 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, Schnetz, Suarez, Anderson, McCanunack; City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis, City Attorney Penman. 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 Suarez. APPOINTMENTS (2) There were no appointments conferred at this meeting. COUNCIL MEMBER McGINNIS & CITY ATTORNEY PENMAN RETURNED At 9:20 a.m., Council Member McGinnis and City Attorney Penman returned to the Council meeting. PRESENTATION - TO MAYOR - BY HISPANIC MINISTRIES ASSOCIATION OF THE INLAND EMPIRE (3) Pastor Romero Lopez, President of the Hispanic Ministries Association of the Inland Empire, presented a plaque to Mayor Valles in appreciation for her support of their ministry efforts. PRESENTATION - TO CITY - FROM WE TIP, INC. - BOARD OF DIRECTORS (3) David Eckert, Marketing Manager, We Tip, Inc., presented a resolution of conunendation to Mayor Valles; Mansie Booker, Video Production Coordinator; and co-hosts Margaret Diamond, Supervisor of Personnel and Training, San Bernardino 4 1/8/2001 Police Department, and David Oberhelman, Probation Supervisor, County of San Bernardino, for their continuing efforts in presenting San Bernardino's "Most Wanted" television program, which has resulted in more than 200 criminal arrests and more than 100 criminal convictions. PRESENTATION - TO COUNCIL MEMBERS LIEN & ANDERSON - FROM SPONSORS OF HISTORIC "E" STREET CRUISE (3) Richard Dietz, Albert Okura, and Danny Castro, on behalf of the Historic McDonald's Museum on "E" Street, the California Historic Route 66 Association and the Juan Pollo restaurant chain, recognized Council Members Susan Lien and Betty Dean Anderson for their efforts in supporting and assisting with the Historic "E" Street Cruise which took place on November 18, 2000. Through the help and assistance of Ms. Lien and Mrs. Anderson, the proceeds were used to provide toys for deserving children for the holidays. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, representing the San Bernardino Area Chamber of Conunerce, announced several upcoming events, including the January 24 grand opening of Quality Inn located at 2000 Ostrem Way from 11:00 a.m. to 2:00 p.m., and the Chamber's Annual Installation Dinner to be held at 6 p.m., Thursday, January 25, at the San Bernardino Hilton Hotel. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CITY ATTORNEY APPROVAL TO RETAIN OUTSIDE SPECIAL COUNSEL SERVICES. (Discussed later in the meeting - page 25) First (NBl) Council Member Estrada stated that she would like to discuss an item that arose subsequent to the posting of the agenda, which was related to a conunent made in the newspaper by representatives of the Mexican American Political Association (MAPA) that they were going to request that the United States Department of Justice investigate what they believe to be a violation of civil rights of residents of the Cypress Inn Mobile Home Park. City Attorney Penman advised that the law requires that two-thirds of the Council vote that the matter arose after the agenda was posted; and in fact, the matter arose on December 20, when the letter (a letter from City Attorney Penman to Mr. Duran, a resident of the Cypress Inn Mobile Home Park) was delivered to the Mayor's Office and the Council Office. He noted that there was a newspaper article on Thursday morning, and members of the Council and the Mayor were contacted on Wednesday, long before the agenda was posted; therefore, in order to cast a vote that 5 1/8/200 1 the need to take action rose after the agenda was posted, the event would need to have taken place since Friday morning. Council Member Estrada pointed out that it was only on the 5th of January (Friday) that the threat of litigation was made public by MAPA. Council Member Estrada made a motion, seconded by Council Member Lien, that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCarnmack. Absent: None. Council Member Estrada stated that earlier, before going into closed session, she had asked the Mayor and Council if they could address the issue in the newspaper regarding the controversy over a letter that was directed to a gentleman by the name of Mr. Duran. She stated that the reason she wanted to go into closed session was to be able to discuss privately the potential liability surrounding this issue. However, she had a concern as to whether the Council could receive an unbiased opinion or advice, since the person the Council would ask for advice is the very same person that is involved in this public controversy. She also stated that she did not think it would be fair to put a burden on the employees of the City Attorney's Office by placing them in a situation where they could be asked to produce information that the Council might need on this matter. Ms. Estrada advised that this is very clearly the type of situation, in her opinion, where the City Attorney comes into conflict--the Conunon Council needs legal advice on a matter in which the City Attorney is involved. Council Member Estrada continued by explaining her concerns relative to Chapter 2.20 of the San Bernardino Municipal Code, which states that the City Attorney must approve any outside counsel that the Mayor and Council would desire to hire. She pointed out that the original City Charter clearly gave the Mayor and Council authority to hire outside counsel, when needed. However, 15 to 16 years ago the Municipal Code was changed, and Chapter 2.20 was approved. She stated that it was her opinion that this chapter of the code needs to be addressed. At this time, Ms. Estrada presented a draft ordinance she had prepared rescinding Municipal Code Chapter 2.20 and asked City Clerk Clark for her help in finalizing it for Council approval. She stated that it was her understanding that in order for the Council to take this action on an ordinance, that there has to be something equal or higher replacing it, and it was also her understanding that what was contained in the charter already gives that authority to the Mayor and Council. She also understood that there must be 5 to 7 days before the second reading; therefore, if the ordinance received first reading today, this meeting could be continued to the following Monday, and the Council could act on the second reading at that time. 6 1/81200 1 Discussion ensued regarding the wording of the ordinance, the use of the word "rescinded" versus "repealed," and the fact that it must be approved as to form and legal content by the City Attorney's Office. City Attorney Penman advised that should the City be sued over the letter he sent to Mr. Duran, the City Attorney's Office would automatically recuse itself. He stated that it was the opinion of prior City Attorney Prince that the only thing Chapter 2.20 does is to codify what state law and case law is. He also advised that last year an independent evaluation of Section 2.20 was done by Attorney Allen Gresham, who also stated that Section 2.20 is merely a codification of the current law. Mr. Penman stated that insofar as that section of the City Charter which authorizes the Mayor and Council to retain legal counsel as needed--as Mr. Gresham's opinion says, the words "as needed" have been interpreted by the courts to mean exactly what is written in Section 2.20 of the Municipal Code. Mr. Penman contended that repealing Section 2.20 would not give the Council authority to hire outside counsel. Mr. Penman stated that even though Council Member Estrada opposed Measure M, she came out at the same time wanting language put in the proposed charter that would do just what she was now proposing. He stated that Ms. Estrada has had a problem for years with the decision of the taxpayers to elect the City Attorney and to prevent the Mayor and Council from hiring attorneys of their own without the permission of the City Attorney. He stated that, in his opinion, Measure M was a strong reaffirmation of this policy, and by adopting the proposed ordinance the Council was setting the stage, first, for litigation; and secondly, for some more onerous civil action. Council Member McCammack expressed concern that repealing this section of the Municipal Code would provide an opportunity for future Councils to take advantage, possibly leaving the City open to litigation and costing the City hundreds of thousands of dollars. She questioned why, if the state bar and state law already require that if there is a lawsuit naming Mr. Pemnan, that he would automatically have to remove himself, the Council would need to repeal an ordinance that in the long run is going to end up costing the taxpayers hundreds of thousands of dollars. She stated that the issue is that of leaving the City open for litigation. Council Member Anderson questioned whether the action taken by City Attorney Penman was within his scope of duties as an elected official and whether he had violated any protocol, stating that she would hate to see the Council changing the Municipal Code every time something comes up they don't agree with. 7 1/8/200 1 Council Member Estrada reiterated that this action had nothing to do with what Mr. Penman had or had not done; it had to do with what she sees as a conflict, in that the person that would be giving the Council advice in this matter is the same person involved in the controversy. She stated that given these facts, it brings everything back to this ordinance which, according to Mr. Penman, is meaningless because the state statute prevails; and if that is the case, then no one should be opposed to going back to the original Charter. Mayor Valles pointed out that this has been a topic of discussion and a concern for much longer than this recent incident--that it was not something that just came up. She added that the timing is such that this may be the time to do it, and she believed this was the point Council Member Estrada was trying to make. City Attorney Penman expressed his opinion that this action was aimed at him personally, stating that it was incredible that a group of elected officials would take an action so strongly against the will of the majority of the people in the city. He stated that in his opinion the Council was claiming falsely that the matter arose subsequent to the posting of the agenda, thereby denying the public the opportunity to attend one of the hearings relative to this ordinance. He also reminded the Council that the Charter provides that the City Attorney's office shall prepare all ordinances and resolutions. He noted that if the Council did otherwise, the ordinance would be subject to being stricken by the court in a writ of mandate proceeding, and he strongly believed a citizen's group would move to bring such an action. Council Member Estrada made a motion, seconded by Council Member Lien, that the Mayor and Conunon Council direct the City Attorney's Office to prepare an ordinance repealing Chapter 2.20 of the San Bernardino Municipal Code and that said ordinance be brought back to the afternoon session of the Council meeting for Council consideration. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCanunack. Absent: None. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that the wall on Mountain A venue is almost finished--that it should be completed in about two more weeks. 8 1/8/2001 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez advised that he had been talking to Lynn Merrill, Director of Public Services, relative to improving refuse services in the north end of town on windy days. They are going to be meeting in the near future to discuss this matter further, and he stated that if anyone has any ideas on resolving this problem to please call his office, or the office of the Director of Public Services. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson wished everyone a Happy New Year, stating that it was her intent to serve her constituents to the best of her ability and to have the most productive year ever. She also advised that Wells Fargo has reached an agreement to sub-service GE Capital's accounts, thus bringing 300 new jobs to the city of San Bernardino, which will become one of Wells Fargo's five major hubs. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCanunack announced that over the next four weeks certain areas in the Seventh Ward would have slurry sealing done on certain streets; stated that she, too, has had several calls regarding trash pickup and apologized for the delays, stating that she has discussed this matter in depth with Public Services personnel; and wished all residents of the city a Happy New Year. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles noted that over the holidays, Council Member Schnetz' stepfather, Tom Cover, passed away, and extended her sympathy to Frank and his family and asked for a moment of silence in memory of Mr. Cover. The Mayor wished all residents a joyous and healthy new year and made the following announcements: . Conunented on the increased prices of electricity, stating that she has asked City Administrator Wilson and business representatives from the City to work with the Ways and Means Conunittee to develop a plan that would provide utility tax relief to businesses that are major users of electricity. She expects to have a plan in place within the next 30 to 60 days and will keep everyone posted. . Stated that local businesses have also expressed their concern over the downtown parking and business improvement area tax, better known as "Area Tax." This tax, which is collected from all businesses operating in a defmed area of downtown, was adopted in 1965, does not have a sunset clause, and is currently being paid by approximately 364 businesses. The Mayor advised she 9 1/8/2001 has also asked City Administrator Wilson to work with these businesses and the Ways and Means Conunittee to identify options in reducing the Area Tax and to address the implications of such an action. · Provided the following update on the various infrastructure projects throughout the City: The "traffic calming" improvements at 21" and San Gabriel are underway and the Phase 10 Slurry Seal Project is scheduled to begin the second week in January. The Pavement Rehabilitation Project on Sixth Street, between Tippecanoe and Victoria, is nearly complete. This project is being done in cooperation with the City of Highland. The Mt. Vernon Master Planned Storm Drain, between Baseline and 16th Street, is nearly completed and should be finished by early February. The Northpark Pavement Rehabilitation Project is scheduled to begin the third week of this month. The 40th Street Wall Project is nearly complete. The Otto Gericke/Art Townsend Street Improvement Project at the former Norton Air Force Base is scheduled to begin the third week of this month. In the downtown area, the next phase of the Infrastructure Improvement Program, which includes sidewalk repairs and access ramp improvements, is scheduled to begin this week. The installation of trees associated with the Highland Streetscape Project is currently being bid and a contract may be awarded with Council approval at the February 20 Council meeting. Additionally, the Request for Proposals for the Pavement Management System and Sewer Master Plan Update have been completed and consultant proposals will be accepted and evaluated by staff over the next 60 days. . Noted that some time ago she and the Council had formed an ad hoc conunittee to address safety issues regarding Fire Department locations and response times, and she will soon be asking members of the Council to form another ad hoc committee, to be called the Health and Safety Conunittee. . Mayor Valles also noted that she would be writing a letter to the Duran family. 10 1/8/2001 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman wished everyone a Happy New Year, stated that today was the 185'" anniversary of the Battle of New Orleans (and provided a mini history lesson regarding same) and thanked the large number of people (127) who called his office offering support and expressing agreement with his letter to Mr. Duran. He stated that 125 callers voiced support, while 2 of the callers were opposed to the letter. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that there would be a workshop on January 22, 2001, regarding the 1-215 freeway widening project. He stated it is important for the public to know that this project is coming closer to reality--that it has been in the works for a number of years, and we're at the point now of having serious discussions with Caltrans and SANBAG regarding the ultimate freeway configuration and on- and off-ramps. He urged those who are interested to attend the workshop on the 22"d or the Chamber of Conunerce meetings regarding this very important issue. 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 Conunon Council/Conununity Development Conunission 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 meetings of the Mayor and. Conunon Council/Conununity Development Conunission of the City of San Bernardino, be approved as submitted in typewritten form: November 6, 2000; November 20, 2000. CLAIMS AND 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 January 2, 2001, from Barbara Pachon, Director of Finance, be approved. 11 1/8/200 1 PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated January 2, 2001, 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. SET DATE & TIME - GOAL-SETTING WORKSHOP - FRIDAY, JANUARY 26, 2001 - 8 A.M. - PINE ROOM AT CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO. (11) City Administrator Wilson submitted a staff report dated December 28, 2000, reconunending that the Mayor and Council schedule a goal-setting workshop for January 26, 2001. Council Member Anderson made a motion, seconded by Council Member Suarez, that a Goal-Setting Workshop be scheduled for Friday, January 26,2001, at 8 a.m. in the Pine Room at California State University, San Bernardino. RES. 2001-1 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ALL AMERICAN ASPHALT FOR PAVEMENT REHABILITATION ON NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND LITTLE MOUNTAIN DRIVE, PER PLAN NO. 10075. (13) RES. 2001-2 - RESOLUTION AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS, WITH TWO SINGLE YEAR RENEWAL OPTIONS, FOR GENERAL AUTOMOTIVE REPAIR AND MACHINE SHOP SUPPORT TO SOUTHWESTERN MOTORS, M&M SMOG, MUFFLER AND AUTO REPAIR, AND MCCRAY ENTERPRISES; FOR MEDIUM/HEAVY EQUIPMENT AND TRUCK REPAIR TO A TO Z BUS SALES AND MCCRAY ENTERPRISES; FOR RADIATOR REPAIR TO AUTOMART RADIATOR AND SOUTHWESTERN MOTORS. (19) RES. 2001-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A ONE-YEAR PURCHASE ORDER FOR THE PROCESSING OF RESIDENTIAL AND COMMERCIAL GREEN WASTES AND ORGANICS TO INLAND EMPIRE COMPOSTING OF COLTON, CALIFORNIA IN THE AMOUNT OF $20.00 PER roN. ~ 12 1/8/2001 Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2001-1, 2001-2, and 2001-3 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. REJECT ALL BIDS - BID NO. F-01-48 - VARIOUS VEHICLES (21) Lynn Merrill, Director of Public Services, submitted a staff report dated January 2, 2001, reconunending the rejection of all bids submitted in response to Bid No. F-01-48. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Conunon Council reject all bids submitted in response to Bid No. F-01-48 for various vehicles; and that the Purchasing Manager be directed to re-advertise for bids for these various vehicles. Agenda Item Nos. 9 and 10 were considered at the same time since they address the same issue. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 35) (9A) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 35) (9B) 13 1/8/200 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL REPRESENTATION SERVICES. (Discussed later in the meeting - page 35) (9C) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION SERVICES (SES) BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 36) (lOA) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION SERVICES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 36) (lOB) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH STRATEGIC EDUCATION SERVICES FOR STATE REPRESENTATION SERVICES. (Discussed later in the meeting - page 36) (10C) Council Member McCanunack stated that she did not have an opportunity to discuss these items with Mr. Wilson or Mr. Carlyle in enough depth to feel comfortable that the Professional Consulting Agreement is clear enough and concise enough. It was the consensus of Council to consider these items later in the afternoon to allow Council Member McCarnmack the opportunity to address her concerns. 14 1/8/2001 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. RELATING TO CERTAIN CITY-OWNED REAL PROPERTY SITUATED AT THE SOUTHWESTERLY PORTION OF DELMANN HEIGHTS PARK, WEST OF PENNSYLVANIA A VENUE. (Discussed later in the meeting - page 37) (12) Council Member Anderson asked how many of these monopole "pine trees" AT&T will have in our city and how staff intends to use the money received from this lease. City Administrator Wilson advised that each application comes in on a case by case basis, and this is the first one that has been approved under the new ordinance. He added that this money goes into the General Fund under Land and Building Rental--that it is essentially new revenue that the Mayor and Council will look at as part of the mid- year budget process. Council Member Anderson made a motion, seconded by Council Member McCanunack that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000-2001 budget and increase revenue account 001-000- 4520 (Land & Building Rental) by $5,400 to reflect the revenue to be received from the Conununications Site Lease with AT&T Wireless, Inc. (Note: There was no vote taken.) Council Member Estrada questioned whether $5 million was sufficient liability insurance given the nature of the towers, and questioned whether this was the norm being accepted by other cities. It was the consensus of the Council to hold this item over until the afternoon to enable staff to investigate further the liability insurance factor. ADOPT NEGATIVE DECLARATION STATE IMPROVEMENTS - 16TH STREET TO 5TH STREET STREET (14) William Woolard, Interim Director of Development Services, submitted a staff report dated October 25, 2000, regarding adoption of the Negative Declaration for State Street improvements from 16th Street to 5th Street. Council Member Anderson expressed disbelief that the Initial Study was prepared for the Development/Environmental Review Conunittee (D/ERC) in July 1997 and questioned why it had taken so long to bring this project forward. 15 118/200 1 Ray Casey, City Engineer, stated that although he was not with the City in 1997, it would be his guess that there was not enough funding in the budget to accomplish the task; therefore, it was just not brought forward. Council Member Anderson stated the reason she was so angry is that she has also been a victim when it comes to the Capital Improvement Program (CIP). She ascertained that for two years in a row $400,000 was appropriated for the work that is being done now, and when she asked why it wasn't done, she was told that not enough funds had been appropriated to do the project. So, for two years they underappropriated funds to do a project in the Sixth Ward, knowing that the money was not sufficient to do the project, yet the $400,000 was used for something else--it wasn't used for the Sixth Ward. Mayor Valles assured Mrs. Anderson that staff does not oppose her, that she should not take this personally, that everyone is well aware of her priority and the City's priority for the State Street project. She advised that what she has learned as a Mayor is that when the City deals with certain projects--especially with street improvements and with the infrastructure--it isn't just the City that is involved. The process involves working with different agencies, getting on priority lists, and having our project design shelf ready, and for some reason we have missed the process. Council Member Anderson stated she just wanted everyone to know that she intends to be more diligent than she has been to ensure that this does not occur again. City Clerk Clark advised that the reconunended motion needed to be amended to include the adoption of the Mitigation Program also. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Conunon Council adopt the (Mitigated) Negative Declaration and the Mitigation Program for State Street improvements from 16"' Street to 5"' Street. RES. 2001-4 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF AN LED TRAFFIC SIGNAL REBATE PROGRAM APPLICATION WITH SCE AND AUTHORIZING THE ADVERTISING FOR BIDS FOR THE LED RETROFIT PROJECT. (15) Council Member McCammack congratulated City staff for taking advantage of a great opportunity in the rebate program through Edison. She stated that she wants to be sure that if this item is approved today that we foresee this project being complete by June 1; otherwise, it will cost an additional $204,000. She inquired whether staff has 16 1/8/200 1 chosen the equipment to the level of the rebate and whether it is available. She also inquired as to how much money is now in the Utility Fund. City Administrator Wilson advised that there is a fund balance of approximately $30,000 in the Utility Fund. He stated that staff is looking at two options to fund the City's share, which is $400,000. One is a loan program available through the California Energy Commission that allows the City to receive the money and pay it back through savings and energy rates. The other option would be to simply loan the money from the General Fund. He noted that the payback is quite substantial--the annual energy savings from this project is estimated to be about $270,000 per year--so either way it is a good program and the payback will be there. Council Member Suarez asked what happens if the project is not completed by June 1. Ray Casey, City Engineer, stated that in any event this is a very good program for the City, noting that the payback period for the local match is only one and one-half years; thereafter, a savings of approximately $270,000 over the original utility costs with the original traffic signals would be experienced. He noted that, if in fact the project was not completed by June 1, worst case scenario would be that for every bulb that wasn't replaced, after June 1 we would lose 50 percent of that rebate and the return on the investment would increase from one and one-half years, to two or three years, depending on how many were not completed. Mr. Casey advised that liquidated damages would be included in the specifications and would be assessed against the contractor for those portions of the project not completed by the deadline. Council Member McCanunack suggested the possibility of offering bonuses for early completion. Council Member McCarnmack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-4 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCanunack. Nays: None. Absent: None. SET LUNCHEON WORKSHOP - JANUARY 22, 2001 - 12 NOON - ECONOMIC DEVELOPMENT AGENCY BOARDROOM - DISCUSS 1-215 FREEWAY (16) William Woolard, Interim Director of Development Services, submitted a staff report dated January 3, 2001, regarding a workshop to receive information regarding the proposed 1-215 improvement project. 17 1/8/2001 Council Member Estrada stated that she wanted to make sure that the Mt. Vernon Project Area Conunittee is invited to this presentation. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that a luncheon workshop be set for 12 noon on January 22, 2001, at the Economic Development Agency Boardroom to receive information regarding the proposed 1-215 improvement project. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A DESIGNATED OFF-LEASH DOG PARK AT WILDWOOD PARK. (17A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.130 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS. First (17B) City Administrator Wilson advised that this item had not been reviewed by the Animal Control Conunission; therefore, it was being reconunended that the matter be continued for two weeks. City Attorney Penman advised that the liability issue needed to be considered. Felix D'Amico, 4795 David Way, San Bernardino, CA, Chairman of the Parks and Recreation Commission, stated that they had looked at this for several months, and when they voted to bring the matter to a public hearing, they had invited Animal Control and the Humane Society; that they did not intentionally try to ignore the Animal Control Conunission. Mr. D'Amico advised that the private citizens who have been working with the Conunission on this matter are willing to form a loose-knit group to run this area themselves, to obtain donations, and to promote and inform people about responsible dog ownership, etc. Council Member McCamrnack stated that Animal Control Director Jon Cicirelli had attended the hearing; however, he was not informed that the item was coming to the Council. She advised that she had pulled the item from the Consent Calendar specifically to ensure that Animal Control be part of the process. Mrs. McCanunack stated that she was concerned about some of the wording in the ordinance, as well as the cost of the fencing--that it seemed quite high. She stated that the ordinance specifically states that, "The Mayor and Conunon Council studied the most appropriate means by which to establish off-leash areas within the City." She noted that none of these studies were included in the backup and she felt very 18 1/8/2001 uncomfortable letting this ordinance go forward without understanding any of this information. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of January 22,2001. RES. 2001-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM BY THE POLICE DEPARTMENT. (18) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be directed to amend the FY 2000-2001 budget and increase Police Department Expenditure Account No. 001-217-5014 by $47,200 and Revenue Account No. 001-000-4740 (Miscellaneous Police Receipts) by $10,200 to reflect the costs and revenue reimbursement associated with the crossing guard program. The motion carried and Resolution No. 2001-5 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCanunack. Nays: None. Absent: None. RECESS MEETING At 10:54 a.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:07 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Conunon Council and Conununity Development Conunission 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, McCanunack; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark" Economic Development Agency Executive Director Van Osdel. Absent: None. 19 1/8/200 1 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 2:07 p.m., Chairwoman Valles called to order the joint regular meeting of the Conununity Development Conunission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Conununities Financing Authority and Mayor and Conunon Council. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1, 38 & 39) (1) At 2:07 p.m., the Mayor and Conunon Council and Conununity Development Conunission recessed to closed session for the following: Pursuant to the Government Code Sections listed as Agenda Item Nos. I.A. through 1. G., pages 1 through 3 of these minutes, including the additional case announced by City Attorney Penman on page 1. CLOSED SESSION At 2:07 p.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, Suarez, Schnetz, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Sinunons, Deputy City Attorney Barnes, and Administrative Operations Supervisor Anderson, City Attorney's Office; Special Counsel Sabo, Executive Director Van Osdel, Director of Housing and Conununity Development Pacheco, and Project Manager Hoeger, Economic Development Agency. ADJOURN CLOSED SESSION At 2:47 p.m., the closed session adjourned to the Council Chambers of City Hall. 20 1/8/2001 RECONVENE MEETING At 2:47 p.m., Chairwoman Valles reconvened the joint regular meeting of the Mayor and Conunon Council and Conununity Development Conunission 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, McCarnmack; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL EXCUSED At 2:48 p.m., Economic Development Agency Executive Director Van Osdel stated that he was on the Board of Directors for the San Bernardino Mobile Home Park Corporation; therefore, he was leaving the Council meeting and would ask Special Counsel Sabo to present the bond items. Mr. Sabo advised that Agenda Item Nos. R22, R23, and R24 should be considered as one item. TEFRA PUBLIC HEARING AUTHORIZATION OF THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO TO ISSUE BONDS ON BEHALF OF THE RANCHO MERIDIAN MOBILE HOME PARK CORPORATION AND THE SEQUOIA MOBILE HOME PARK CORPORATION (R22) Gary Van Osdel, Executive Director of the Economic Development Agency, submitted a staff report dated January 3, 2001, regarding the issuance of multifamily revenue bonds to refinance the existing note debt on the Sequoia Mobile Home Park and the Rancho Meridian Mobile Home Park. Chairwoman Valles opened the hearing. Special Counsel Sabo noted that Agenda Item No. R22 was a TEFRA hearing, which is required under the Federal Tax Law in connection with certain types of bond financings. He noted that at the end of 1999, the Council did a financing through the County Housing Authority where the original bonds issued in 1995 and 1996 for seven of the eight mobile home parks were refinanced. He stated that the direction for the last several years has been to get out of the mobile home park business, and this is the final step in that process--to be able to issue AAA rated, FHA insured, mortgage loan bonds for the refinancing of the mobile home parks. 21 1/8/200 1 Mr. Sabo advised that seven of the mobile home parks were financed with traditional municipal bonds--the eighth one was financed with a seller take-back financing. He stated that because HUD has not used this program in California, they do not want eight applications for eight mobile home parks submitted at one time, so it must be done in a series. The first two financings will be for Sequoia and Rancho Meridian; therefore, this is the required TEFRA hearing and the resolution which needs to be considered by the legislative body. He advised that the County Housing Authority would be meeting the following morning to talk about this in concept, and it is expected that at their meeting in February they will take the fmal action to authorize the issuance of the long-term FHA insured refinancing bonds. Mr. Sabo continued, stating that Agenda Item No. R23 deals with the current loans that are in place between the Economic Development Agency (EDA) and each of the mobile home parks, which in the aggregate amount to approximately $4.5 million. He explained that because of the way the cash flows work, and because all of the financings cannot be done at one time, even though the EDA will be paid back anywhere from $3 to $3.3 million of that $4.5 million once all of the fmancings are completed, it has to be done in a series of financings. Therefore, out of the first two financings, the FHA bond proceeds will payoff the two loans of approximately $1.2 million for Sequoia and Rancho Meridian, the monies will then be re-loaned back to the parent nonprofit, in addition to other funds that will be set aside from the bond issue of about $950,000 to do some rehab on some of the other parks, plus another amount being set aside to assure that the parks that are less able to maintain a cash flow can also be refinanced. Therefore, by the end of the year when all eight of the fmancings are fmished, it is expected that $3 to $3.3 million will be returned to the EDA. However, this type of a mechanism is necessary to have the loans be paid and then to re-initiate those loans. Mr. Sabo advised that Agenda Item No. R24 is a request from the parent mobile home park corporation, which was submitted to the Redevelopment Conunittee back in October, for a loan of $550,000 to help expedite the rehab process and, for the first time, to establish $200,000 for down payment assistance for the mobile home park residents to acquire homes and also to help the cash flows. These monies will be spent for the Orangewood and Tropicana Mobile Home Parks--approximately $100,000 will be used to acquire the materials for the rehab of Orangewood and approximately $250,000 will be used to acquire materials for the rehab of Tropicana. This money, plus the other monies that are available, both from cash flow and the bond issue, will facilitate the undertaking of well over $1 million of improvements in these mobile home parks. He also pointed out that in the agreement that is attached, there is a covenant and a conunitment that the parent nonprofit must undertake these improvements. 22 1/8/2001 Albert Griffin, 2686 West Mill Street, Space 90, Rancho Meridian Mobile Home Park, stated that in the article that appeared in the paper it stated that the bonds for Rancho Meridian are going to be approximately $5.5 million. He noted that originally their bond was for $4.5 million, which was the purchase price of the park. Also, in the case of Sequoia, the bonds are approximately $2,730,000 more than their original loan. He stated that the park residents were curious as to the use of these funds, and they were also concerned about an extension from a 30-year loan to a 40- year loan. He stated that although their interest rate will be less, when you figure it out, they are going to end up paying more money than if they had stayed on a 30-year loan. Mr. Griffm stated that thus far this has not been addressed with the residents, it is their revenue that is paying these bonds back, and they want to know where their money is going. Discussion ensued regarding various aspects of the refinancing. Mr. Sabo advised that the EDA initially owned the parks, then transferred the parks into a City- controlled nonprofit, whose control has now gone to the individuals who are now the Board of Directors. It was noted that the eight parks are owned as a group and not individually, with title to all of the parks in the parent, the San Bernardino Mobile Home Park Nonprofit Corporation, therefore allowing that assets can be transferred from one park to another; also, that as part of the financing, HUD requires that there be a separate stand-alone nonprofit for each mobile home park, just for fmancing purposes, but the control is still solely with that of the parent, so in essence you have the parent that owns everything. Council Member McGinnis inquired whether there would be any type of oversight or verification that these new funds are actually going to be used on the parks themselves and not used someplace else. Mr. Sabo confirmed that this would be the case--that $200,000 of the $550,000 would be set up as a down payment assistance (MAP) program, requiring the submission of the standard type verifications, with the EDA funding these on a loan by loan basis. Additionally, the other $350,000 would be released as it is shown that they have accomplished the rehabilitation with these other funds--in other words, if there are some materials or equipment they must purchase, then they must also expend other funds with the bond proceeds and cash flow, so they meet these performance tests. There is a covenant that then requires them to complete this work and the money will then be released--so the money is not going to be given to them in one lump sum. Council Member McGinnis noted that the Santiago Management Group owns parks up and down the state, and inquired whether the money we will be loaning them, plus the re-bond financing, would only be used for these eight parks and for nothing else--and also that the $200,000 for homeowner assistance would only be used for these 23 1/8/200 1 eight parks. Mr. Sabo replied in the affirmative, stating that this money can only be used in San Bernardino. Mr. McGinnis also expressed his concerns relative to Santiago accepting people to fill vacancies in the mobile home parks who do not really qualify, since they sell mobile homes and also manage these parks. Council Member McCammack stated she would like to address Mr. Griffin's conunents as to why we are borrowing $3.7 million more than we borrowed the first time, and also her concerns as to why we would lend the money at 3 percent interest when we could be earning more on the money if it were in the bank. Mr. Sabo advised that he did not know that it was $3.7 million--the numbers he had indicated that the amount of the bonds for Rancho Meridian was $5,096,000 and $7,623,000 for Sequoia; however, there were some additional funds. He stated that he thought most of that difference was due to the fact that the EDA is owed almost $600,000 each for those two mobile home parks, which is a portion of the gap. He added that even though the purchase price was somewhat less, every time that you do a financing, it includes debt service reserve funds as well as other costs of the transaction; plus, even in the initial issuance there were some rehab amounts. RES. 2001-6 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE BY THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO MULTIFAMILY REVENUE BONDS FOR THE RANCHO MERIDIAN MOBILE HOME PARK PROJECT AND THE SEQUOIA MOBILE HOME PARK PROJECT. (R22) Council Member Lien made a motion, seconded by Council Member Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2001-6 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstain: Council Member McCanunack. RES. CDC/2001-1 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE MODIFICATION OF CERTAIN LOAN DOCUMENTS IN CONNECTION WITH A LOAN TO THE SAN BERNARDINO MOBILE HOME PARK CORPORATION, A NON-PROFIT CORPORATION. (R23) 24 1/8/2001 RES. CDC/2001-2 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE LOAN AGREEMENT IN THE AMOUNT OF $550,000, TO BE FUNDED FROM AGENCY HOUSING FUND, BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE SAN BERNARDINO MOBILE HOME PARK CORPORATION. (R24) Council Member Lien made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. CDC/2001-1 and CDC/2001-2 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstain: Council Member McCarnmack. SENIOR ASSISTANT CITY A TTORNEY CARLYLE & SPECIAL COUNSEL SABO EXCUSED At 3:12 p.m., Senior Assistant City Attorney Carlyle and Special Counsel Sabo left the Council meeting. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON ARRIVED At 3:12 p.m., City Attorney Penman and City Administrator Wilson returned to the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CITY ATTORNEY APPROVAL TO RETAIN OUTSIDE SPECIAL COUNSEL SERVICES. (Discussed earlier in the meeting - page 5) First (NBl) Council Member Estrada reiterated that she had asked the Mayor and Council to allow her to bring an item forward that, in her opinion, arose after the posting of the agenda for today's meeting. She stated that it was also her opinion that the matter arose as the result of an article in the newspaper on Friday, January 5, which stated that the Mexican American Political Association (MAPA) was going to be requesting that the United States Department of Justice investigate San Bernardino, and the City might fmd itself in litigation. It was her opinion that since City Attorney Penman is the person the Council should go to for legal advice, yet he is also the person involved in this controversy, that a conflict existed. She noted that for the past 15 or 16 years the Municipal Code has contained Chapter 2.20, which basically gives authority to the City Attorney relative to approving any request by the Mayor and Council to seek outside legal advice, which now places the Council in a situation where there is a conflict. 25 1/8/2001 City Attorney Penman stated that it was his opinion that last sununer the Mayor and Council wanted to have authority to hire their own attorney, and they brought forward to the voters Measure M which, among other things, contained language that was suggested by Council Member Estrada, who has long objected to the fact that the Council cannot hire their own attorney. He stated that the idea was to make the City Attorney appointed by the Mayor and Council so they could hire their own attorneys and, in his opinion, get confidential or secret advice. Subsequently, Measure M went to the voters and was defeated. Mr. Penman advised that when the firm of Gresham, Savage, Nolan & Tilden was retained to provide an analysis of Measure M, they also provided an analysis of Charter Section 241 which states, "The Mayor and Conunon Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitants thereof." Attorney Allen Gresham stated in his analysis, "As a public officer, the City Attorney is, by law, expected to properly and timely provide the services required of the office. Indeed it would be tantamount to a waste of taxpayers funds if "outside" counsel were hired to perform duties which the City Attorney was expected to discharge. " Mr. Penman proceeded to read into the record a column from the editorial page of the San Bernardino Sun on November 9, 1987, dealing specifically with this issue. According to Mr. Penman, the Council, having failed to do away with the elected City Attorney by a Charter amendment, are now trying to sneak it in the back door by bringing an item forth that was not placed on the agenda, claiming that the need arose after the posting of the agenda. He stated that the letter to Mr. Duran is a ruse being used by the Council to get back at the voters, but he sees through the subterfuge. Mayor Valles stated that as she has researched what the City has spent in legal fees, she noted that the City has hired many, many, many outside attorneys, and some of them have cost a bundle, based on some decisions that were, perhaps, not made in the best interest of the City. She stated she resented the conunent that the only reason this is being done is because Measure M failed--that one has nothing to do with the other. Council Member Estrada pointed out that she has always supported an elected City Attorney, and in fact has always seen Mr. Penman as an ally. She stated that if this ordinance is so meaningless, why is it that Mr. Penman is being so defensive and why is he wilJing, as he indicated to her, to expend all his money and efforts to beating this. She also stated that this has nothing to do with Measure M--it is about going back to what the City Forefathers and those who created the Charter planned--something that is in the Charter now. 26 1/8/2001 Ms. Estrada stated that she wanted those people who support Mr. Penman, as she has supported Mr. Penman over the years, to know that this is not personally against Mr. Penman--it has to do with the conflict of interest that it presents to the office of the City Attorney regardless of who sits in that office. She pointed out that it is Mr. Penman who continues to keep Measure M alive, and also noted that we are a charter city, not a general law city, and some of the rules that apply to general law cities do not apply to us. Council Member McCarnmack spoke in opposition to the proposed ordinance, stating that she could not support this item because she must be a more responsible elected official with the taxpayers money than what repealing this ordinance would allow; and for this reason--fiscal responsibility--she would not support this ordinance. She also expressed her opinion that there were underlying reasons for this action. Discussion on this matter continued at length. It was pointed out that no individual Council member could go out and hire an attorney and then bill the City for these services--that anytime outside counsel would be retained, it would have to be approved by the Council. Mayor Valles, putting the matter in historical perspective, noted that Attorney's opinions appeared on the scene in approximately 1987, yet the charter was approved in 1905. Therefore, up until the 1980s the Mayor and Council had the right to hire outside legal counsel, and she did not believe there was ever any record of it being abused. Therefore, she requested that the discussion move "off of Measure M and off of making this a personal issue." She stated that what Council Member Estrada wanted to do is rescind or repeal Municipal Code Section 2.20 and go back to the original Charter. The Mayor reiterated that from 1905 to 1987 this edict of the charter was never abused; however, the City has hired a great deal of outside counsel since the mid '80s and it has cost the City a bundle. In addition, for any additional legal expenditures to be made it has to come before this Mayor and Council and must be voted on by all of the Council members, who are here to represent their constituents, while the responsibility of the Mayor is to be the real fiscal watchdog of the City. She noted that Council Member Estrada had given this a great deal of thought, it did not happen overnight, she was talking about this long before Measure M, and for people to associate one with the other is a false association. Council Member McGinnis stated that when he first became a Council member he asked if the Council could get a second opinion and was told "no." He stated that he believed there were some issues where he could see no harm in obtaining a second opinion; however, he did not think these opinions should be separate from Mr. Penman--he should be included in the process. 27 1/8/2001 Council Member Schnetz reiterated that it would take a majority vote of the Council to hire outside counsel, and if it is less than five votes it can be vetoed by the Mayor. He advised that he does not see anything in the charter, which the people recently reaffirmed they were overwhelmingly in favor of, that anybody in particular has a specific watchdog role--that the closest thing he could see that talks about the concept of a "watchdog" and whose duty that is, is reference to the Mayor of the City, as having the oversight or management of the City, making sure the books are kept, making sure all contracts of the City are fulfilled and to bring legal action if those contracts are not fulfilled. Mr. Schnetz stated that he takes it a little personal that in the City Attorney's conunents he portrayed the Council as being something less than honorable and that this less than honorable body would defeat or restrict the people's lawyer. He stated that the last time he checked, this body was the people's body--the Mayor was elected by the people, and when he was elected he received nearly 66% of the vote of his ward, Council Member Estrada 72 % of her ward, and Council Member Lien over 70 % of her ward--that this body is the people's body. Mr. Schnetz noted that there have been numerous Council Members and three or four Mayors, and for some reason they all get sideways with the City Attorney. He stated that he did not understand it--whether it is the process that the City Attorney uses, or if it is the personal attributes of the City Attorney--but he does feel that this particular ordinance is something that is not needed, and the rescinding of Chapter 2.20 would be in the best interest of the people, and this body was elected by the people. Council Member Estrada explained that over the course of all these years, many times Council Members have gone as members of the Council (not for personal counsel) to Mr. Penman and brought up different issues, and he has said, "I do not represent you, I represent the people" --and this has never been clearly clarified. She noted that the Council members represent the people, too. They take an oath and state that they will do the best for the City of San Bernardino; not just their own ward. She pointed out that this has been a major problem, for if Mr. Penman doesn't represent the Council, who does? Ms. Estrada stated that as the legislative body of this City, the Council is charged with the responsibility of creating policy. She pointed out that what Chapter 2.20 does, is if the Council seeks another opinion because they want to create a policy or whatever, and the City Attorney does not agree and does not consent to allowing them the opinion of an outside attorney, the Council is strung out and cannot move forward, because they have not received the consent to do it. Bottom line, they are the legislative body that is supposed to create the policy and the laws for the city, but final decision on whether they can do it or not does not rest with them, but with the City Attorney's office, and she finds that a conflict. In her opinion, if the Council members are the policy makers, and they are elected by the people to create the laws, etc., then 28 1/8/2001 they should be able to have the freedom, as the City Fathers saw fit, to follow the policy contained in the Charter that gives them this authority. City Attorney Penman stated he has never been asked for a second opinion when the Mayor and Council's opinion agreed with the City Attorney's opinion. The only time they ask for a second opinion is when they disagree, and then what they are looking for is not a second opinion, they are looking for a different opinion. He reiterated that if a lawsuit is filed against the City because of the letter he wrote to Mr. Duran, the City Attorney's Office would conflict off on that lawsuit as they have done in the past, and another attorney would be hired by the Mayor and Council. He stated it is a rehash of the issues involved in Measure M, and it looks like the issue will be brought back to the people again, because the Council knows their ordinance will be subject to a referendum and they will get the opportunity to place it on the ballot. He admonished the Council, stating that they were going to cost the City more money, for another election, and the public is not going to change their minds. Lee McConahy, 261 S. Arrowhead, San Bernardino, CA, stated that Charter Section 55 states that the City Attorney shall be the chief legal officer of the city . . who shall represent or advise the Mayor and Conunon Council and City Officers in all manner of law pertaining to the offices. He noted that the key word is "advise." He stated that he believed the Mayor and Council need to take the advice of the City Attorney, but they also need to be able to seek other opinions. City Clerk Clark provided a full reading of the ordinance into the record. Council Member Estrada made a motion, seconded by Council Member Lien, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCarnmack. Absent: None. RES. 2001-7 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO CENSURE THE CITY ATTORNEY FOR UNAUTHORIZED AND INSENSITIVE CONDUCT. (NB2) Council Member Lien stated she would like the Council to consider an item that came up after the posting of the agenda--a resolution to censure the City Attorney. She stated that she did not take pleasure in this action; however, the letter Mr. Penman wrote to Mr. Duran left her no choice. 29 1/8/2001 --_..-.._...,--------_.>,,~,-----~_._._---,._-------~...- Council Member Lien provided background information, stating that Mr. Duran and his family and neighbors were turned out of their homes when the City was forced to act, and at that time the City and the conununity reached out to do everything they could for these families. Nonetheless, under these very stressful circumstances, Mr. Duran lashed out, saying that, "In Mexico they treat us better than here." Ms. Lien pointed out that this kind of statement could have been said by anyone in similar circumstances; in fact, the Council hears charges against them at meetings all the time. Council Member Lien pointed out how fearful Mr. Duran must have been when he received this letter that represented the mighty power of the City. She noted that Mr. Duran and his family were here legally--four of his children were born here--and many of the Latino conununity were incensed by the letter, which offered a man and his family a one-way ticket to leave the country. Ms. Lien stated that this was a throw-back to an all too prevalent attitude that unfortunately still lingers, and there is a lot of history that fuels this type of anger in minorities when these things surface. She questioned what could be more offensive than a public official offering a man and his family a one-way ticket to leave the country. She noted that the good people of San Bernardino are fighting hard to put this city back on its feet, and the Cypress Inn (where Mr. Duran and his family lived) is just one example of the physical blights plaguing our city; however, far worse than the blight is the image that the City Attorney now casts on our city. Council Member Lien stated that the City would not easily rid itself of this public disgrace, and if the executive and legislative powers of the City didn't take swift and responsible action, they would become complacent accomplices to an act of intolerance. She stated she was outraged, livid, furious, and heartbroken for Mr. Duran and his family, but most of all she was heartbroken and ashamed for the city. She stated that the Council must act today and should not leave the Council Chambers before attempting to do so. Council Member Lien made a motion, seconded by Council Member Suarez, that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCarnmack. Absent: None. Council Member Lien provided a full reading of the resolution for the record. Council Member Estrada stated that given on the prior issue she attempted to separate the two matters of the letter to Mr. Duran and Section 2.20 of the Municipal Code, she had not had an opportunity to make public statements relative to Mr. Duran's 30 1/8/2001 letter, but she felt she needed to let the people of San Bernardino know why. She explained that over the last three weeks she has been on vacation--a couple of days one week and three days the next--and she had no idea this situation was developing until she read the papers and got caught with what had happened over the course of the last three to four weeks, going back to December 20. Ms. Estrada advised that right before Christmas and right before New Years she had come in and gone through her mail; however, there was not a copy of Mr. Penman's letter in her correspondence. Council Member Estrada stated that she considered Mr. Penman a very smart individual, but what she did not understand is why the letter was ever written. She stated that Mr. Penman, due to his legal experience, understands better than anyone of the Council members, that everyone residing in this country is guaranteed freedom of speech. She acknowledged that as elected officials they may not like what some people have to say, but this country does guarantee everyone the right to free speech. Council Member Estrada continued her conunents, pointing out that as elected officials, they do not have the privilege that the general public has--when they speak their words they must be very careful, because they have to make sure that at the same time they are protecting the taxpayers of the city and that they are not committing the City to face liability that they are not entitled to commit the City for. Council Member Estrada stated that she, too, was elected to represent all the people--not just those she agrees with or that agree with her. What this issue has brought to light is that we need to develop guidelines on what we can and can't say publicly. She stated that no resident, legal or otherwise, should be treated the way this family had been treated, and she pledged to work to make sure that this does not happen again. She asked the conununity to give the City a chance to correct this problem, because we must work together to correct it. She also addressed Mr. Penman, stating that she knew in his heart he did not want to do anything that would harm the city, and to please be very careful of what he says and does from this point forward, as everyone must be. She addressed her colleagues, stating that they were elected to exercise leadership, and they must do what is right for the people of San Bernardino--and that includes all of the people of San Bernardino. Council Member Estrada asked for clarification on the censure, stating that she would like to make sure that everybody, including herself, understood in what context it is being used. Mayor Valles stated that she thought the language in the censure was very clear; it states a series of principles of the City, and certainly of our country, and the fact that the conunents, or the infamous letter, are being perceived by many in the conununity as 31 1/8/200 1 divisive, and that she and the Council members, as elected officials, as leaders of this conununity, must make every effort possible to combat continuing prejudices, bias, and discrimination to overcome hostility toward immigrants and heal the wounds of racism, bigotry, and other forms of discrimination. She stated she was sure that Mr. Penman did not intend his conunents to be racist; however, that is how they were being viewed, and it is incumbent upon City officials, as the leaders in this conununity, to make sure that it does not take a foothold in this conununity and that it does not divide us any further. She stated that she believed that this was the intent of the censure. Mayor Valles stated that she also understood that a resolution must be drafted by the City Attorney according to the Charter; however, as she read the Charter it says that, "he or she (City Attorney) shall attend meetings of the City Council, draft proposed ordinances and resolutions"; however, it does not indicate exclusivity to the writing of a resolution to the City Attorney. She noted that this resolution, obviously, could not have been written by the City Attorney. City Attorney Penman stated that it has been a mark of pride for him in his 13 '12 years as City Attorney to be condemned by a previous City Council, a previous Mayor, and a City Administrator. He maintained that the right thing was done in writing the letter--that if the same situation should arise next week, he would write another letter. He stated that the proposed resolution was filled with inaccurate and untrue statements. Mr. Penman stated that he thought it was very unfortunate that the Council had just claimed a few minutes ago that the ordinance to repeal Section 2.20 of the Municipal Code was not personal, yet it was brought up orally by Council Member Estrada, and then afterwards the so-called censure. He stated that the Council had no authority to initiate a censure; however, that did not bother the Council, as it was already written, printed, and copied. Mr. Penman restated his opinion that this was a personal attack--that Measure M was a personal attack and this was a continuation of Measure M. He ascertained that the letter was not racist--that it was anything but that. and that anyone who knows him, knows better than that--and this Council is not qualified to make a determination as to whether Jim Penman has done something racially inappropriate or not. He challenged them to cast their votes, stating that he would proudly use that vote everywhere he goes to say, as he introduces himself, "This is Jim Penman, the man who was called a racist by MAPA and the man whom one mayor and five council members, obviously in MAPA's pocket, agreed with MAPA and passed a resolution that they had no authority to pass, on an issue that if they were serving the public, they would have taken the same stand as the Office of the City Attorney. " Council Member Anderson stated that she was not a person who promotes dissention or divisiveness--that she has tried not to do that--and that she was really very hurt that this was the point to which the Council had come. 32 1/8/200 1 Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted. (Note: The vote was taken following additional discussion and conunents.) Council Member McCanunack stated that there were inaccuracies in the resolution that could come back to haunt the Council in court at another time. Mayor Valles asked Mrs. McCanunack to point out the inaccuracies. Council Member Anderson stated that the Council did not need to be on such a fast track to do things that are going to divide this conununity--that it was going to be hard to knit back together. She noted that San Bernardino is on the cusp of being developed by a very good development agency, we are on the cusp of doing some great things and getting out of this "hole" that we have been in for the last 10-20 years, and now we're sitting up here as elected officials going at each other throats. She stated she did not like being a part of anything like this; that everyone should back off and have a reality check with each other and stop being so divisive and petty. She stated that they were all professionals and it was time for them to start acting that way and stop doing this to each other. According to Mrs. Anderson. this resolution--with one elected official censuring another elected official--was wrong, and a reality check was needed. Council Member McCamrnack stated that she believed that the Mayor should at least talk to someone in the City Attorney's Office to make sure that there was nothing in the resolution that would cause future litigation with suits going on in this City. She again stated that there were inaccuracies, one of them being that Code Enforcement did not cause this. The Mayor stated that this could be corrected right now. She thought it started with the Fire Marshall, but eventually everyone got into it, including Code Enforcement. Council Member McCamrnack stated that the Council should also find out whether Mr. Penman's Office was or was not authorized to make that offer, since he had been authorized to make similar offers to other individuals. Mayor Valles stated that she did not believe that Mr. Penman had been authorized to give people passage out of this country or even out of California. City Attorney Penman advised that the offer made in the letter was within his purview, under those circumstances, based on past Council actions and based on expenditures that he can make out of his own budget. He indicated that this part of the resolution was also inaccurate. 33 1/8/2001 The following individuals spoke in support of the resolution to censure City Attorney Pemnan: Attorney Timothy Prince, 290 North "D" Street, San Bernardino, CA. Shirley Goodwin, 3715 Camellia Drive, San Bernardino, CA. Gail Fry, 7066 Andes Trail, Apple Valley, CA, whose conunents centered around what she termed "code enforcement raids" and the right of everyone to feel safe and secure in their homes. Attorney Eloise Gomez Reyes, 290 North "D" Street, Ste. 805, San Bernardino, CA, who pointed out that the First Amendment does allow both Mr. Duran, in his criticism, and Mr. Penman, as a citizen, the right of free speech; however, Mr. Penman's conunents were made not as a private citizen but as a representative of the City of San Bernardino. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA. (Note: City Attorney Penman took exception to several conunents made by the above speakers.) The following individuals spoke in opposition to the resolution to censure City Attorney Penman: Pam Zander, 597 East 29th Street, San Bernardino, CA. James Roe, 325 West Sixth Street, San Bernardino, CA. Gary Kirby, 1505 Yardley Street, San Bernardino, CA, who stated that he clearly sees this as an attack on Mr. Penman because of his opposition to Measure M and a desire to promote victinthood by certain organizations who make their living by creating victims and attacking people because of a victinthood status. Dan Walker, Conejo Street, San Bernardino, CA. Mayor Valles suggested that before proceeding further, due to the conunents made by Council Member McCarnmack and City Attorney Penman, a change should be made in the seventh paragraph of the resolution to change the words, "by code enforcement actions," to state, "because of health and safety issues." City Attorney Penman noted that the resolution indicated that a copy of the letter (to Mr. Duran from City Attorney Penman) was attached as Exhibit "A," yet no copy of the letter was attached to his copy of the resolution, and he would want to make sure that everyone who reads the resolution is also able to read the letter that he wrote. Council Member Lien amended her motion, seconded by Council Member Suarez, that said resolution be adopted, as amended in paragraph 7, lines 3 and 4, by replacing the words "by code enforcement actions" with the words "because of health and safety issues." 34 1/8/2001 The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Nays: Council Members Anderson, McCanunack. Absent: None. RES. 2001-S - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting - page 13) (9A) RES. CDC/2001-3 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discnssed earlier in the meeting - page 13) (9B) RES. 2001-9 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL REPRESENTATION SERVICES. (Discussed earlier in the meeting - page 14) (9C) RES. 2001-10 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION SERVICES (SES) BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting - page 14) (lOA) 35 1/8/2001 RES. CDC/2001-4 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF STRATEGIC EDUCATION SERVICES (SES) BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting _ page 14) (lOB) RES. 2001-11 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH STRATEGIC EDUCATION SERVICES FOR STATE REPRESENTATION SERVICES. (Discussed earlier in the meeting - page 14) (10C) Council Member McCanunack stated that she had asked the City Attorney and the City Administrator to review the agreements, as neither agreement included an explanation of the scope of services. She suggested that Exhibit A be incorporated into the agreements in both Agenda Item Nos. 9 and 10. Council Member McCanunack made a motion, seconded by Council Member Anderson, that said resolutions be adopted, with the Agreement for Services amended to include the words, "A copy of the professional consulting agreement setting forth the regular services is attached hereto as Exhibit A and incorporated herein by this reference as if set forth in its entirety." The motion carried, and Resolution Nos. 2001-8, 2001-9, 2001-10, and 2001-11 (Mayor and Conunon Council) and Nos. CDC/2001-3 and CDC/2001-4 (Conununity Development Conunission) were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCanunack. Nays: None. Absent: None. RES. 2001-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. RELATING TO CERTAIN CITY- OWNED REAL PROPERTY SITUATED AT THE SOUTHWESTERLY PORTION OF DELMANN HEIGHTS PARK, WEST OF PENNSYLVANIA A VENUE. (Discussed earlier in the meeting - page 15) (12) 36 1/8/2001 City Administrator Wilson stated that the insurance amounts increased from $1 million to $5 million because this is the amount that is typical for installations such as this. Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000-2001 budget and increase revenue account 001-000-4520 (Land & Building Rental) by $5,400 to reflect the revenue to be received from the Conununications Site Lease with AT&T Wireless, Inc. The motion carried, and Resolution No. 2001-12 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. PUBLIC COMMENTS (25) James Roe, 325 West Sixth Street, San Bernardino, CA, spoke regarding the City's Development Code and requested that the City of San Bernardino initiate the rezoning of Sierra Way between Fifth and Ninth Streets to CR2, Conunercial Retail. He also submitted a written copy of his request, which was signed by several of the surrounding property owners, to City Administrator Wilson. John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding Well #158 at the former Norton Air Force Base, stating that it is not only the most radioactive well around, but it is also located near a day-care center; and that disturbance of this well has exposed hundreds of children to these elements. GiI Navarro, Chairman, Mexican-American Political Association (MAPA), PO Box 1396, San Bernardino, CA, stated that MAPA was appalled at the letter sent by City Attorney Penman to Mr. Duran, which has created a conflict in the conununity that will have far-reaching consequences. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the toxic waste at the former Norton Air Force Base. Gary Kirby, 1505 Yardley, San Bernardino, CA, stated he was pleased with the State of the City and the direction the City is going; stated that City Attorney Penman has been around for a long time and there is a reason for that; and noted that he did not see MAP A acting in a conciliatory manner. Shirley Goodwin, 3715 Camellia Drive, San Bernardino, CA, stated that people do not know the day-to-day operations of the City and are held hostage by a lack of information, and when they do speak out, they are targeted. 37 1/8/2001 RECESS MEETING - CLOSED SESSION (Discussed earlier & later in the meeting - pages 1, 20 & 39) (1) At 5:27 p.m., the Mayor and Conunon Council and Conununity Development Conunission recessed to closed session for the following: Pursuant to the Government Code Sections listed as Agenda Item Nos. 1.A. through 1. G. on pages 1 through 3 of these minutes, including the additional case announced by City Attorney Penman on page 1. CLOSED SESSION At 5:27 p.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 Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorneys Carlyle and Sinunons, Deputy City Attorneys Empeiio and Barnes, and Administrative Operations Supervisor Anderson, City Attorney's Office. ADJOURN CLOSED SESSION At 5:46 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 5:46 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Conunon Council and Conununity Development Conunission 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 Lien, McGinnis, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Schnetz, McCarnmack. 38 1/8/200 1 CLOSED SESSION ANNOUNCEMENT meeting - pages 1, 20 & 38) (Discussed earlier in the (1) City Administrator Wilson announced that during closed session the Mayor and Council had approved a three-year employment agreement, from January 29, 2001, through January 28, 2004, with James Funk for the position of Director of Development Services at a salary of $9,329 per month. ADJOURNMENT (26) At 5:47 p.m., the meeting adjourned to 9 a.m., Tuesday, January 16, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Conunon Council will be held at 8 a.m., Monday, January 22, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~ 8 Ah.;fJ Linda E. Hartzel Deputy City Clerk No. ofItems: 28 No. of Hours: 6.75 39 118/2001