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HomeMy WebLinkAbout01-22-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 22, 2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Conunon Council and Conununity Development Conunission of the City of San Bernardino was called to order by Mayor Pro Tem Estrada at 8:07 a.m., Monday, January 22,2001, 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 Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCanunack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. DISCUSSION & POSSIBLE ACTION REQUEST FROM EVACUEES OF THE CYPRESS INN MOBILE HOME PARK TO RELOCATE TO THE REPUBLIC OF MEXICO (Discussed later in the meeting - page 25) (29) Council Member Estrada asked if this matter could be discussed during closed session and held over to the afternoon when Special Counsel Sabo would be present. City Attorney Penman answered that it could, stating that Mr. Arias was present, that he had reviewed the letter to Mr. Duran and would be giving a second opinion during closed session. Mr. Penman stated that Conununity Development Block Grant (CDBG) funds and 20 percent set aside funds were both involved, and the City Attorney's office has in the past been responsible for administering the relocation funds. CDBG funds, while administered through the Economic Development Agency, were not EDA funds, and legal advice pertaining to those funds was provided by the City Attorney's office. Mayor Pro Tem Estrada was concerned with the fact that the City Attorney opted to disclaim ownership to what had occurred relative to the mobile home park and that it was his department that was involved. 1 01/22/200 1 Mr. Penman stated that it was not a legal conflict and it was the responsibility of the attorney to declare the conflict. He noted that the City Attorney's Office provided legal advice daily on matters that involved the City Attorney's Office. Mayor Pro Tern Estrada pointed out that the issue personally involved the City Attorney. Mr. Penman disagreed, stating that he was speaking on behalf of the people of the City. COUNCIL MEMBER ANDERSON ARRIVED At 8:10 a.m., Council Member Anderson arrived at the Council meeting and took her place at the Council table. Mayor Pro Tern Estrada asked City Clerk Clark to find out if Mr. Sabo could attend closed session. Mr. Penman stated that Mr. Van Osdel and Ms. Pacheco should also be present for that discussion. He announced that the following additional cases would be discussed in closed session: A letter dated January 12, 2001, from Jon D. Mikels, Supervisor 2nd District, County Board of Supervisors, to Mayor Judith Valles, requesting the City join in a lawsuit authorized by the Southern California Association of Governments (SCAG) against Housing and Conununity Development (HCD) and approving the law firm of Stradling, Yocca, Carlson and Rauth to handle the litigation; and also some legal aspects regarding the off-leash dog park (Agenda Item No. 25), that could possibly lead to litigation. City Clerk Clark informed the Council that Mr. Sabo would not be available until after 10:30 a.m., and asked if they wanted Mr. Van Osdel and Ms. Pacheco to come now or in the afternoon. It was the consensus of the Council to discuss the matter in the afternoon. Mayor Pro Tern Estrada asked if Mr. Arias could return in the afternoon. Mr. Penman stated that Mr. Arias was here on another matter and that the issue of the letter was separate from the trailer park relocation. He also pointed out that Mr. Arias and Mr. Sabo were members of the same firm, and therefore, would provide the same representation. Mayor Pro Tern Estrada stated that the trailer park issue would be discussed in the afternoon. 2 01/22/200 1 RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 32) (1) At 8: 17 a.m., the Mayor and Conunon Council and the Conununity Development Conunission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Hil!;hland 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; La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDV 00-107 RT. 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: 2057 North Mt. Vernon Avenue Cypress Inn Mobile Home Park C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator- pursuant to Government Code Section 54957.6. 3 01/22/200 1 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: APN 0134-062-12 Nel!;otiatinl!; Parties: Maggie Pacheco, on behalf of the Economic Development Agency and Thomas Plott Under Nel!;otiation: Purchase price, terms and conditions 2. Property Address: Northwest corner 4th & "E" Streets N el!;otiatinl!; Parties: Rex Swanson, MDA San Bernardino Associates, LLC and Gary Van Osdel on behalf of the Economic Development Agency Under Nel!;otiation: Purchase price, terms and conditions 3. Property Address: Northwest corner 4th & "E" Streets Nel!;otiatinl!; Parties: Don Harnois, CinemaStar and Gary Van Osdel on behalf of the Economic Development Agency Under Nel!;otiation: Lease agreement, terms and conditions CLOSED SESSION At 8:17 a.m., Mayor Pro Tern Estrada 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 Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCanunack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 4 01/22/200 1 Also present: Senior Assistant City Attorneys Carlyle and Sinunons, Deputy City Attorney Barnes, Administrative Operations Supervisor Anderson, City Attorney's Office; and Special Counsel Arias of Lewis, D' Amato, Brisbois & Bisgaard. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland 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. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:07 a.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Conunon Council and Conununity Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCamrnack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Mayor Pro Tern Estrada announced that Mayor Judith Valles' sister, Edith Selberis, passed away this past week and for that reason Mayor Valles would not be presiding at the meeting. Ms. Estrada stated that as Mayor Pro Tem for the month, she would be presiding. On behalf of her fellow Councilmembers and the entire City Hall family, Ms. Estrada extended her deepest condolences to Mayor Valles and her family on their great loss and asked that a moment of silence be observed in memory of Edith Selberis. INVOCATION The invocation was given by Pastor Craig Ponder, Word of Life Church. PLEDGE The pledge of allegiance was led by Shane Blake, a third grade student at Ramona Alessandro School. CITY ATTORNEY PENMAN EXCUSED At 9:11 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. 5 01/22/2001 APPOINTMENTS CENTRAL CITY PARKING PLACE COMMISSION - COMMUNITY FOOD POLICY COUNCIL - COUNCIL MEMBER ANDERSON - MAYOR V ALLES (2) Mayor Valles submitted staff reports dated January 16,2001, reconunending the appointment of Xavier Mitchell to the Central City Parking Place Conunission, as requested by Council Member Anderson, and her appointments to the newly created Conununity Food Policy Council as follows: 1. Jeanette Arnquist 6. Amanda Rivera 11. Gordon Laine 2. Adrienne Schubert 7. Cynthia Rhyne 12. Susan Atkins 3. Gretchen Mellon 8. Paula DeSilva 13. Wendy Williams 4. Herman Pefia 9. Everett Martinez 14. Connie Garrett 5. John Peukert 10. David Kalke 15. Robert Bolton Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments to the Central City Parking Place Conunission and Conununity Food Policy Council, as requested by Council Member Anderson and Mayor Valles, be approved. PRESENTATION TO CITY - SILVER AWARD - AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA (3) Yvonne Beeman, District Manager of the Automobile Club of Southern California, presented their "Silver Award" to the City's Traffic Engineering Division, which is awarded to conununities who implement programs and projects that demonstrate a strong and sustained effort to address local traffic safety issues. Anwar Wagdy, Traffic Engineer, accepted the award on behalf of the City, and stated that the recognition could not have been achieved without the support of the Mayor and Council Members, the Traffic Safety Conunittee, City staff and, above all, the participation of the conununity . PRESENTATION - OIL KIDS CALENDAR (3) Linda Ceballos, Environmental Project Coordinator, and Peggi Hazlett, Environmental Project Assistant, presented certificates to those students whose artwork was selected from a school district -wide poster contest and incorporated into a Year 2001 Used Oil Recycling Awareness Calendar, the third such calendar made available through grant funding from the California Integrated Waste Management Board as a way to raise awareness for recycling oils. SENIOR ASSISTANT CITY A TTORNEY CARLYLE EXCUSED At 9:25 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. 6 01/22/200 1 SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award in recognition of their many years of dedicated service to the City: Name April Pricher Ellen Michelle Taylor Anne Alvarado Glenn Cline Ruth Parish Chief Lee Dean Robert Goss Elaine Hernandez Sean Nichols Stephen Peach Robert Benneke Department City Attorney City Clerk Finance MIS MIS Police Police Police Police Police Public Services ANNOUNCEMENTS - LARRY QUIEL Years of Service 10 5 20 5 5 5 10 10 5 10 15 (4) Larry Quiel, President of the San Bernardino Area Chamber of Conunerce, announced various events taking place in the City of San Bernardino, including the Annual Chamber of Conunerce Installation Dinner on January 25 in recognition of the new Chamber President, Mr. George Schnarre; a ribbon cutting at the San Bernardino Police Conununity Service Office at 334 W. Baseline on January 31; the Miss Black San Bernardino Pageant at the San Bernardino High School auditorium on February 26; the Chamber's first Casino Night at the San Bernardino International Airport on March 8; and reported that a ribbon cutting was held last week at Crabby Bob's Restaurant at 239 E. Hospitality Lane. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien reported that the median strips were being installed on 21" Street in front of the Perris Hill Senior Center and anticipated completion within one to two weeks; announced that the project of placing the temporary tents at the Central Juvenile Detention Hall is moving forward, that the County Medical Center's citizen task force toured the facility and met with Mr. Wingerd regarding security and noise issues, and thanked Supervisor Eaves and Mr. Wingerd for responding to the concerns of the residents regarding the replacement of the fencing with brick security walls; noted that a Roe vs. Wade candlelight vigil would be held this evening at 6:30 p.m. in front of City Hall; extended her condolences to the Mayor and her family and also to Robert Rego of the Second Ward, on the recent passing of his father. 7 01/2212001 Ms. Lien stated that she felt the need to conunent on the Council meeting called to consider the second reading of an ordinance that would repeal Section 2.20 of the Municipal Code that states, in effect, that the Mayor and Council could not retain independent legal advice without the consent of the City Attorney. She stated that after supporting the ordinance in the first reading, she voted against it on the second reading. As much as she believed in repealing Section 2.20, she feared that a referendum fight could rip the City apart at a time when it could least afford it. Ms. Lien noted that at this time, Mr. Penman's political action committee, which also led the fight for the permanent safety tax known as Measure S in 1996 and was defeated by the voters, has now begun a referendum process to overturn the repealing of Section 2.20. Ms. Lien indicated she has no choice but to stand with her Council colleagues who voted for the repeal ordinance from this point forward. The repeal action would put back into the hands of the Mayor and Council a very important check and balance over the action of a City Attorney who proclaims himself to be the people's watchdog keeping an eye on errant City officials. Ms. Lien made several statements as to Mr. Penman's support of Valerie Pope-Ludlam, his role in the Redlands' Nissan deal, and the Arden Guthrie demolitions. She noted that most of the time Mr. Penman would like the public to believe he's on a never-ending crusade to save the taxpayer's money. She questioned whether the Council was going to allow Mr. Penman to lead a fight to deny the Mayor and Council the critical check and balance of seeking neutral legal advice for the good of the City, that the majority of the Council thinks is necessary. She stated that Mr. Penman's history, his "you are out to get me" response to the Mayor and Council, are an affront to the democratic process and she believes a testament to a demagogue who doesn't serve the City as much as he preys on it for his own political agenda. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis extended his condolences to the Mayor and her family; and reported that he stopped by Crabby Bob's over the weekend and said he was glad to have them in the Third Ward. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz extended condolences to the Valles family on their loss. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez also expressed his sympathies not only to the Mayor and her family, but also to the Rego family; reported that the cleanup at Blair Park was very successful and thanked the citizens in that area for all their help; announced that a neighborhood meeting took place at Arrowview Church where a sergeant from the San Bernardino Police Department gave a briefing on Area B, and Chief Pitzer spoke about the future Fire Department. 8 01/22/2001 ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson offered her condolences to the Mayor; announced a cleanup day would be held on January 27, from 8:00 a.m. to 12:30 p.m., at Rio Vista Elementary School hosted by the California Gardens Neighborhood Watch and the Northwest Project Area Conunittee; thanked her constituents for their reassuring remarks concerning her stand for unity within the City; thanked Ray Casey and Tim Porter for putting together the excellent application for the State Street Project, and thanked Norm Johnson of Fourth Street Rock for keeping the project on the front burner; and thanked all those who organized the great program for the Martin Luther King weekend. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCanunack expressed her condolences to the Mayor and her family and Robert Rego and his family on the passing of their loved ones. She announced that she attended the League of California Cities Policy Conunittee meetings in Los Angeles where she was appointed to the Housing and Conununity Development Policy Conunittee and met with Assembly Member Lowenthal and the Legislative Aide from Assembly Member Wiggins' Office to discuss individual conununity needs and concerns. Mrs. McCanunack learned that a town hall meeting would be held at California State University San Bernardino on March 19 from 6-9 p.m., which was the precursor to the environmental review process for California High Speed Rail, and stated that it would be a good opportunity for concerned citizens of San Bernardino to attend the meeting and give input before final plans were discussed. Some of the main issues discussed at the meeting were: returning local funds back to local municipalities in order to locally control tax dollars with discussion centering around General Plan updates and ways to enact legislation for funding, Code Enforcement grants specifically related to conununity policing, and a proposal requesting an additional $200 million for jobs and housing balance funds to help conununities that need to combine new jobs with the appropriate amount of quality affordable housing stock. In response to Council Member Lien's conunents, Council Member McCanunack stated that it was not the City Attorney who was leading the referendum effort-it was approximately 100 citizen volunteers who got together to collect about 5,000 signatures for that specific referendum in an effort to overturn the Council action that repealed Chapter 2.20 of the Municipal Code relative to hiring outside attorneys. Council Member McCammack provided phone numbers for anyone interested in receiving additional information and/or petition locations. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman extended his condolences and those of Mrs. Penman to Mayor Valles and her family. 9 01/22/200 1 Mr. Penman stated that given what had happened at the last two Council meetings, he came prepared to fight, but hoped it would not be necessary. However, he remembered when the Mayor, City Attorney, and the Council worked together well for 21/2 years, and a lot of things were accomplished. The decision was made to move ahead with Measure M, which started the division. Mr. Penman stated that he had to respond to four of the statements made by Council Member Lien. As to Ms. Lien's changing her vote, Mr. Penman stated that people told him she was literally in tears over the pressure her constituents were putting on her. He conunented that the auditorium was filled with people who were opposed to what the Council was doing and many of them were Ms. Lien's constituents, and it was obvious she did not have the intestinal fortitude to stand by her earlier action. Mr. Penman stated that Ms. Lien knew that by changing her vote she would still get what she wanted and that it was Susan Lien who led the MAPA marchers the day they were out in front of City Hall. Mr. Penman conunented that Mr. Prince actually wrote the resolution censuring the City Attorney; however, it was Ms. Lien who brought it forward and Ms. Lien who read the resolution and made that particular argument, and was quickly supported from the audience by Mr. Prince. Mayor Pro Tern Estrada reminded Mr. Penman that they had a Council meeting to conduct and there were people in the audience who were waiting for their items to be heard. She stated that she appreciated Mr. Penman's right to speak and felt she had been patient, and reconunended the Council impose a time limit on themselves. Mayor Pro Tern Estrada inquired as to how much additional time the City Attorney thought he would need to [mish his presentation. City Attorney Penman stated that he had no more of a time estimate on how much time he was going to spend than he could estimate how long Ms. Lien was going to spend, or how long the Council spent over two different meetings to illegally censure another elected official. Mayor Pro Tern Estrada asked if she could get a consensus from the Council as to whether they wished Mr. Penman to continue. City Attorney Penman stated that apparently he was the only one of the elected officials that didn't have the same rights of free speech as the others. Mayor Pro Tern Estrada stated that everybody had the same rights. Council Member McCammack stated that she wanted the City Attorney to finish. Mayor Pro Tem Estrada asked Mr. Penman to continue his presentation. 10 01/22/200 1 City Attorney Penman stated that the charge, so to speak, began with Ms. Lien introducing her resolution of censorship. He spent a fair amount of time at Stater Bros. Market at 40th and Waterman and was moved by the large number of citizens who said they supported the letter he wrote to Mr. Duran and were very upset with the Mayor and Council. He was informed by the Committee that they had collected over 1,000 signatures on the petition. He did not know if it was possible in the 30-day time period to collect the 5,000 signatures necessary to place the ordinance on hold that the Council adopted repealing Section 2.20 and requiring it to be put to a vote of the people. He was told by members of the Conunittee for Integrity that as soon as the 30-day period was over, they would conunence with the collection of another 5,000 signatures for an initiative taking Section 2.20 as it is written now, and placing it on the ballot for a vote by the people. Given the response the Conunittee received and the conunents he received, he had no doubt that in the initiative process, they would obtain 5,000 signatures within the six months. He did not know if it could be reached in 30 days; however, he understood there were people standing in front of supermarkets throughout the City and tonight he would be standing in front of Stater Bros. Market on 40th and Waterman from 5-7 p.m. and throughout the weekend. Mr. Penman stated that this was a sad chapter in the City's history-when a group of Council Members were offended by what he believed was a kindly worded and well-intended letter to Mr. Duran. His letter to Mr. Duran was the letter that should have been sent by the Mayor and Council and he would certainly send the same letter tomorrow if the same circumstances arose. Mr. Penman said he has never worried very much about being politically correct and felt that was one of the reasons the City was in the mess it is in. According to Mr. Penman, the City has had too many politicians over the years who have tried to be politically correct instead of doing their jobs. Mr. Penman stated that this issue was going to end up in the voters' hands, either through a referendum or through an initiative, or both. The situation started by a statement made by Mr. Duran that he responded to, and it quickly became political and personal through the efforts of the Mayor and the majority of the Council. The people of San Bernardino will make the final decision and he feels confident that they feel that the only wrong that has been done regarding this incident has been the so called censorship of the City Attorney in the very political and personal decision to repeal a very well-drafted ordinance that was enacted before he was elected-Chapter 2.20 of the Municipal Code. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson stated that he had no announcements other than to extend his condolences to the Mayor on her loss. 11 01/22/200 1 ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark also extended her sincere sympathy and condolences to Mayor Valles and her family, the Selberis family, and Robert Rego's family. City Clerk Clark reminded the Mayor and Council that Resolution No. 97-221 was adopted in 1997 and prohibited the Mayor and Council Members from speaking longer than three minutes on any item on the agenda. Mayor Pro Tem Estrada stated that she felt it would be prudent for the Council to adhere to the 3-minute rule and requested that the City Clerk advise them of their time. City Attorney Penman stated that announcements, while they were agendized, were not specific, and felt the Council needed to take action if their intent was to cover the announcement period as well. Mr. Penman stated that he did not imply that the Mayor and Council should have sent the letter to Mr. Duran-he stated the Mayor and Council should have done so. Mayor Pro Tem Estrada asked the City Clerk to review Resolution No. 97-221 to determine whether Council should act on applying the 3-minute rule to the announcement period of the meeting. City Clerk Clark informed the Council that according to Resolution No. 97-221, the 3-minute rule also applied to the announcement portion of the Council meeting. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Mayor Pro Tern Estrada extended condolences to the Valles family, and to Mr. Rego, and stated that she had a few announcements to make for Mayor Valles beginning with an update of the various public works projects either under way or completed. . The "traffic calming" improvements at 21" and San Gabriel, located in the Second Ward, were completed; . The Phase 10 Slurry Seal Project was under way; . In the Sixth Ward, the Mt. Vernon Master Planned Storm Drain, between Baseline and 16th Street, was nearing completion and should be done by early February; . The Northpark Pavement Rehabilitation Project was under way in the Fifth Ward; 12 01/22/200 1 . In the First Ward, the second phase of the Downtown Infrastructure Improvement Program, including sidewalk repairs and access ramp improvements, has begun and construction was scheduled to begin this week on the Otto Gericke/Art Townsend Street Improvement Project; and . The hazardous material and debris removal project at the Santa Fe Depot was well under way. COUNCIL MEMBER LIEN EXCUSED At 10:17 a.m., Council Member Lien left the Council meeting. Mayor Pro Tern Estrada stated that the public was invited to attend a reception Tuesday, January 23, from 12 p.m. to 1 p.m., in the upper gallery of the Norman F. Feldheym Central Library located at 555 W. Sixth Street, where "Faces and Forms," a mixed media exhibition, would be on display through February 28. The artists presenting their current works were Gloria and L. Marlene Steinweg from Banning; Patty Hayden, Joan Wiley, and Terri Johnson from Redlands; Darlene Douthit from San Bernardino; Miyori Jean Ito from Lorna Linda, and artists from the School of Hope. Mayor Pro Tem Estrada announced that the San Bernardino County Department of Public Health Inununization Program offered low cost walk-in immunization clinics throughout the County, stating that the fee was $8 per child, but no child would be turned away if they could not pay, and indicated the number to call for more information was 1-800-722-4794. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Schnetz made a motion, seconded by Council Member Anderson, 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 Schnetz made a motion, seconded by Council Member Anderson, 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: December 11, 2000; and December 18, 2000. 13 01/22/200 1 SET LUNCHEON WORKSHOP - NOON - FEBRUARY 5, 2001 - ECONOMIC DEVELOPMENT AGENCY BOARDROOM SOUTHERN CALIFORNIA EDISON - ELECTRICITY CRISIS ISSUES (8) Fred Wilson, City Administrator, submitted a staff report dated January 16, 2001, requesting that a luncheon workshop be scheduled with Southern California Edison regarding California's electricity issues. Council Member Schnetz made a motion. seconded by Council Member Anderson, and unanimously carried, that a luncheon be scheduled for Monday, February 5,2001, at 12 noon in the Economic Development Agency (EDA) Boardroom for the purpose of discussing electricity crisis issues. SET LUNCHEON WORKSHOP - NOON - FEBRUARY 20, 2001 - ECONOMIC DEVELOPMENT AGENCY BOARDROOM - SANTA FE DEPOT UPDATE (9) Fred Wilson, City Administrator, submitted a staff report dated January 16, 2001, requesting that a luncheon workshop be scheduled regarding the Santa Fe Depot restoration project. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that a luncheon be scheduled for Tuesday, February 20,2001, at 12 noon in the EDA Boardroom for the purpose of discussing the Santa Fe Depot Restoration Project. APPROVE - USE OF SALARY SAVINGS TO FUND TEMPORARY & CONTRACTUAL POSITIONS (15) RES. 2001-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH MATTHEW FAGAN AND PZL, INC. FOR THE PROVISION OF PROFESSIONAL PLANNING SERVICES. (ISA) RES. 2001-14 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO INCREASE PURCHASE ORDER NO. 01-020 WITH KIMCO OFFICE STAFFING FOR PROVISION OF TEMPORARY SECRETARIAL SERVICES. (15B) Council Member Schnetz made a motion, seconded by Council Member Anderson, that the Mayor and Conunon Council authorize the Director of Finance to amend the FY 2000-2001 Development Services Department adopted budget and 14 01/22/2001 transfer savings from salary accounts to contractual services accounts as outlined in the staff report dated January 9, 2001, from William Woolard, Interim Director of Development Services; and that said resolutions be adopted. The motion carried and Resolution Nos. 2001-13 and 2001-14 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCanunack. Nays: None. Absent: Council Member Lien. RES. 2001-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS (GENERAL UNIT). (17) RES. 2001-16 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (18) RES. 2001-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AMENDMENT TO THE AGREEMENT WITH ROGER ERNST & ASSOCIATES, AUCTIONEERS TO STORE AND SELL SEIZED VEHICLES, PERSONAL AND REAL PROPERTY, AND FIREARMS. (19) RES. 2001-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO THE PURCHASE ORDER TO JM STAFFING FOR TEMPORARY MECHANICS BY $11,500 FOR A NOT-TO-EXCEED AMOUNT OF $36,000. (21) Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 2001-15, 2001-16, 2001-17 and 2001-18 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCanunack. Nays: None. Absent: Council Member Lien. COUNCIL MEMBER LIEN ARRIVED At 10:21 a.m., Council Member Lien arrived at the Council meeting and took her place at the Council table. 15 01/22/200 1 RES. 2001-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLIAM WOOLARD FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES TO THE DEVELOPMENT SERVICES DEPARTMENT. (10) Council Member McGinnis requested an explanation since he understood Mr. Woolard was already employed by the City. Fred Wilson, City Administrator, stated that Mr. Woolard was the Interim Director of Development Services and would remain in that position until January 29, when the new Director was scheduled to start. This proposal would keep Mr. Woolard on board as a project manager for approximately six months in order to work on the City's General Plan update, streamline the development process, and act as the Santa Fe Depot Area Project Manager. Council Member Schnetz made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-19 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. ADOPT NEGATIVE DECLARATION - STREET IMPROVEMENTS- ART TOWNSEND DRIVE & OTTO GERICKE DRIVE - SAN BERNARDINO INTERNATIONAL AIRPORT (Discussed later in the meeting - page 34) (11) William Woolard, Interim Director of Development Services, submitted a staff report dated January 8, 2001, requesting adoption of the Negative Declaration for Street Improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. Council Member Suarez made reference to the implementation of the South Coast Air Quality Management District (SCAQMD) Rule 403 and Control Measure No.3 in the Initial Study which states, "Apply water or soil stabilizers to form crust in inactive construction areas and unpaved work areas." Mr. Suarez asked what kind of chemicals and liquids were considered safe soil stabilizers. Mr. Woolard answered by stating that it would be those chemicals accepted by the regulating agencies, but he did not know what chemicals would be involved. Council Member Suarez asked staff to find out if the materials were inert. 16 01/22/200 1 Mr. Woolard stated that he would bring the answer to Council Member Suarez' question back in the afternoon. RES. 2001-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF THE STATE STREET EXTENSION PROJECT APPLICATION TO SANBAG FOR SURFACE TRANSPORTATION PROJECT (STP) FUNDING AND THE COMMITMENT OF $674,000 ($424,000 PLUS PRIVATE/PUBLIC PARTICIPATION IN THE AMOUNT OF $250,000) IN MATCHING FUNDS TO SAID PROJECT APPLICATION. (12) Council Member Schnetz questioned why the City would not get credit for local match on design plans already completed. Ray Casey, City Engineer, stated that it was not technically considered local match because it had already been expended or authorized. Council Member Lien stated that the amount of money available at SANBAG was due to a budget increase, and the City was moved ahead on the schedule and would receive the maximum number of dollars that were available. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-20 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. APPROVE - CONTRACT CHANGE ORDER NO. TWO - BONADIMAN-MCCAIN, INC. - STORM DRAIN IMPROVEMENTS IN MT. VERNON AVENUE - BASE LINE STREET TO 16TH STREET. (13) William Woolard, Interim Director of Development Services, submitted a staff report dated January 8, 2001, requesting authorization to execute Change Order No. Two to the contract with Bonadiman-McCain, Inc., for installation of storm drain improvements in Mt. Vernon Avenue from Base Line Street to 16th Street. Council Member Anderson stated that Mt. Vernon from Base Line to 16th Street was located in the Sixth Ward, not the First Ward, and that the agenda was incorrect. Council Member Anderson made a motion, seconded by Council Member McCanunack, and unanimously carried, that the Mayor and Conunon Council approve 17 01/22/200 1 Contract Change Order No. Two in the amount of $31,530.53 to the contract with Bonadiman-McCain, Inc., for removal of an abandoned 16" steel water line in Mt. Vernon Avenue from Base Line Street to 16th Street. RES. 2001-21 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE STATE OF CALIFORNIA BUSINESS, TRANSPORTATION & HOUSING AGENCY, OFFICE OF TRAFFIC SAFETY FOR THE PURPOSE OF EXPANDING THE SAN BERNARDINO FIRE DEPARTMENT'S VEHICLE EXTRICATION PROGRAM IN THE AMOUNT OF $81,000. (16) Council Member McGinnis questioned whether the City was going to buy an extrication vehicle or just another piece of fire equipment. Larry Pitzer, Fire Chief, stated that this specific piece of apparatus was identified in 1998 as part of the Fire Apparatus Replacement Program, and was basically just a big truck that would haul all of the extrication equipment used for search and rescue. The truck would be delivered in January of next year and would be housed at the station on Arrowhead and Mill. Council Member McCanunack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-21 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. RES. 2001-22 - RESOLUTION AUTHORIZING THE EXECUTION OF PURCHASE ORDERS TO TOYOTA OF SAN BERNARDINO FOR ONE (1) TOYOTA CAMRY, TO SHAVER AUTO CENTER FOR ONE (1) ISUZU RODEO, AND TO CENTER CHEVROLET FOR ONE (1) CHEVY CAMARO. (20) Council Member McGinnis questioned the purchase of new vehicles and asked if new vehicles were less noticeable than used vehicles during surveillance by the Graffiti Task Force. Captain Curtis stated that new vehicles would last longer than used vehicles, as the vehicles would be used every day, 40 or more hours per week. Captain Curtis stated that they were finding out that graffiti vandals also drive new vehicles. 18 01/22/2001 Council Member McGinnis made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-22 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY CLERK CLARK EXCUSED At 10:40 a.m., City Clerk Clark left the Council meeting and was replaced by Deputy City Clerk Medina. RES. 2001-23 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BCI COCA- COLA BOTTLING COMPANY OF LOS ANGELES, DOING BUSINESS AS THE COCA-COLA BOTTLING COMPANY, FOR THE PURPOSE OF ESTABLISHING A PUBLIC PRIVATE PARTNERSHIP. (22) Council Member McCarnmack thanked Coca-Cola and the Ways and Means Committee for their diligence in making sure that this contract was suitable not only to the citizens of the City, but also to Coca-Cola, and for the partnership the City was about to embark on. Council Member Anderson asked what was the difference in the revenue from the first time the proposal was recommended to Council. City Administrator Wilson stated that the revenue was $750,000 over the 10- year life of the contract with a minimum guarantee of revenues in the range of $40,000 per year. The original contract assumed a 2-year guarantee of $40,000 per year and approximately $35,000 in commission revenues through the vending machines for a total of $75,000. The revised contract assumed basically the same amount of revenue, without the $40,000 per year guarantee from year three through year 10. Council Member McGinnis stated that the contract could be terminated within 30 days in the event it was decided that it was no longer lucrative. Council member Anderson asked how the revised contract with Coca-Cola compared with the Pepsi offer. Mr. Wilson stated that there was quite a difference in that the 10-year total from Pepsi was $140,000 with a potential growth incentive of $75,000. So, the Coca-Cola proposal, based on the numbers, was the better proposal for the City. 19 01/22/200 1 Council Member Suarez made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-23 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPROVE - ADDITIONAL STAFFING - FLEET DIVISION - PUBLIC SERVICES DEPARTMENT (23) Ed Raya, Director of Human Resources, submitted a staff report dated January 11, 2001, regarding additional staffing in the Fleet Division of the Public Services Department. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the three (3) positions of Equipment Mechanic I, Range 1331, ($2,313-$2,812/month, be approved; that the Human Resources Department be directed to update Resolution 6413, Section Eleven, to reflect this particular action; and that the Director of Finance be authorized to amend the FY 2000-2001 Fleet Budget and appropriate $25,600 from the Fleet Fund undesignated/unreserved fund balance to Account No. 635-341-5011 (Salary and Benefit) to reflect the addition of three (3) mechanics for three (3) months. RES. 2001-24 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF RIALTO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIALTO, AND CITY OF COLTON FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM (STP) FUNDING FOR THE EXTENSION. (Continued from December 18, 2000) (24) City Administrator Wilson stated that this item was a companion item to the State Street Project in that both items were on the project-funding list. The Pepper Street Project was an important regional project that would help the east valley. The City was asked to participate as one of the four agencies on the project because of its regional importance and because of the connection to State Street. Mr. Wilson noted that the City's contribution had been reduced since the project was recommended for funding on the STP. 20 01/22/200 1 Ray Casey, City Engineer, submitted an interoffice memorandum dated January 18, 2001, addressed to City Administrator Wilson, regarding the status of the Pepper A venue (and collaterally State Street) STP applications for funding. Council Member Schnetz stated that he wasn't sure he wanted to make the tradeoff with Caltrans, and felt it was important that State Street have an off-ramp. Mr. Casey stated that the interchange was included at both locations with the contingency that the City of Rialto and companion agencies in the process would support the connection. Council Member Schnetz made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-24 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 10:47 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. ADOPT RESOLUTION & AUTHORIZE AMENDMENT TO MUNICIPAL CODE ESTABLISHING A DESIGNATED OFF-LEASH AREA FOR DOGS IN PUBLIC PARKS (Continued from January 8, 2001) (25) RES. 2001-25 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A DESIGNATED OFF-LEASH DOG PARK AT WILDWOOD PARK. (25) 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. Hrst (25) John Kramer, Superintendent of Recreation, stated that regulations would be posted, the dog owner would assume all risk, and the area would be monitored by volunteers on a regular basis. Mr. Kramer stated that similar off-leash areas for dogs have been extremely successful. Council Member McCarnmack stated that she was not confident in the liability the City mayor may not have to bear, but felt comfortable knowing that if at any time 21 01/22/200 1 it was deemed not to be a good thing for the City, they could close it. Council Member McCarnmack requested that Council not take action on Motion #2, because she felt they should be included in any discussions and should know exactly what is included in the $16,000 expenditure. Discussion ensued regarding fence height limitations, gate layout, park design, and liability issues. Council Member Lien commended the Parks and Recreation Commission for being visionary and bringing forward a quality of life issue, and felt the benefits far exceeded any risks. Council Member McCammack made a motion, seconded by Council Member Lien, that said resolution be adopted; and that said ordinance be laid over for final adoption. The motion carried and Resolution No. 2001-25 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: Council Member McGinnis. Absent: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:49 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. City Attorney Penman introduced Miss Sandra Miller, Senior at Pacific High School and President of the Rotary Life Youth Group to which Mr. and Mrs. Penman served as advisors, and who he invited to attend the Council meeting. COUNCIL MEMBER LIEN EXCUSED At 11:18 a.m., Council Member Lien left the Council meeting. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 00-04 - FROM RU-l TO CG-3 - 5.4 ACRES - SOUTH SIDE OF NORTHPARKBOULEVARD - EAST OF UNIVERSITY PARKWAY (26) William Woolard, Interim Director of Development Services, submitted a staff report dated January 9, 2001, regarding General Plan Amendment No. 00-04 to amend the General Plan land use designation from RU-I, Residential Urban, to CG-3, Commercial General, on approximately 5.38 acres located on the south side of Northpark Blvd., east of University Parkway, at the east entrance to Cal State University San Bernardino. 22 01/22/200 1 Correspondence was received from David Mlynarski, representative for the applicants, dated January 19, 2001, requesting a 30-day continuance. Mayor Pro Tem Estrada opened the hearing. No public comments were received. 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 February 20, 2001. COUNCIL MEMBER LIEN RETURNED At 11:20 a.m., Council Member Lien returned to the Council meeting and took her place at the Council table. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND AMERICAN MEDICAL RESPONSE REGARDING ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE. (Discussed later in the meeting - page 35) (27) City Attorney Penman stated that he had questions for the Fire Chief on this matter and requested it be held over to the afternoon. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., FOR THE PROVISION OF COMMINGLED RECYCLABLES PROCESSING. (28) City Attorney Penman requested that this matter be continued to February 5, 2001. Deputy City Clerk Medina read the recommended motion into the record in its entirety. Council Member Lien had concerns regarding the enormous increases in the projected floor pricing in the two bids given by Burrtec and inquired whether the agreement would bind them to the percentage of recovery they were projecting. CITY ATTORNEY PENMAN EXCUSED At 11:23 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. 23 01/2212001 Lynn Merrill, Director of Public Services, stated that both companies were very well known in the industry and had good reputations, and he deferred to the companies to explain their numbers. Mr. Merrill indicated that the City did look at whether the floor price was guaranteed. Council Member Lien asked if the companies would guarantee their percent of recovery with performance bonds. Mr. Merrill stated that was not something the City considered. In the five years the program had been running, neither the volume of material nor the composition had changed too dramatically. Council Member Lien asked if the companies had considered guaranteeing the percentage of recovery within a certain range. Eric Herbert, Vice President of Burrtec Waste, stated that the numbers of the non-recyclable fraction in the proposal were provided by the City based upon its history. They couldn't guarantee what the City picked up, but they could certainly guarantee what they had the ability to control, or what was delivered to them. Once a program was established, the variances did not change that much over time, and communities focused on making it better through public education and outreach programs in order to reduce the amount of non-recyclable items put into the containers. Mr. Herbert stated that their analysis considered escalators and pricing over a period of time. With respect to changes from the first proposal to the second proposal, he felt the City became more focused on what their bottom line was. Tom Vogt, President of Taormina Industries. stated that his company had been processing for the City for over five years and their characterization and percent of recovery had been very consistent. Mr. Vogt noted that it was the recovery rate and the characterization of the material that determined the revenue to the City. Regarding the changes in floor pricing from the first proposal to the next, Mr. V ogt stated that Taormina changed one commodity, and that was mixed paper. Mr. V ogt stated that if the City could get Burrtec's prices without risk, they should enter into an agreement tomorrow. However, the risk was with the characterization and the percent recovered. If a contract were entered into with Burrtec, the City would end up receiving 30 percent less revenue than with the Taormina proposal that currently exists today. If the characterization were to change significantly, even though the recovery level remained at 75 percent, then the City's advantage of having high floor prices would evaporate. Taormina was willing to guarantee recovery rate and characterization. Burrtec's processing, disposal, and travel costs were all higher. Mr. Vogt reiterated that market pricing was nice. but floor pricing was guaranteed. Council Member Lien stated that when it came to pncmg she failed to understand how Burrtec could have been rated a "10" and Taormina a "1," "1" being 24 0112212001 the lowest amount of total revenue, and" 10" being the highest amount of total revenue, without any guarantees. Mr. Herbert stated that the guarantee provided was the floor pncmg, and obviously he did not have the knowledge of five years to know if it was better than the City specification or worse. Council Member Lien asked if it would help if the City were to provide the history . Mr. Herbert indicated that it would not help because it would be the history as submitted by Taormina from their processing plant. Mr. Vogt recommended that any contract include a $1 million performance bond, guaranteeing recovery rate and waste characterization. Council Member McCammack made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the extension of the contract with Taormina Industries of Anaheim, California, for the processing of commingled recyclables from January 27, 2001 to February 5, 2001, inclusive, to allow staff to finalize the agreement between the City and Burrtec Waste Industries of Fontana, California; and that the matter be continued to February 5, 2001. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 11:44 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. DISCUSSION & POSSIBLE ACTION REQUEST FROM EVACUEES OF CYPRESS INN MOBILE HOME PARK TO RELOCATE TO REPUBLIC OF MEXICO (Discussed earlier in the meeting - page 1) (29) Mayor Pro Tem Estrada stated that it was her understanding that Mrs. Jimenez' comments were taken out of context and she did not wish to leave the United States, and if that was the case, the issue was a moot point. An interoffice memorandum was received from Jorge Carlos, Executive Assistant to the Council, dated January 22, 2001, documenting Juanita Jimenez' desire to remain in the United States. Maggie Pacheco. Economic Development Agency Director of Housing and Community Development, stated that while she was not involved in the discussion that occurred between representatives of the Mexican Consulate, Mr. Carlos, and Mrs. Jimenez, she wanted to share some supplemental information that would confirm Mayor 25 01/22/200 1 Pro Tem Estrada's position that the issue was moot. Ms. Pacheco stated that she visited with Mrs. Jimenez to apprise her that given her financial circumstances and the size of the family, staff was able to work out a solution with Santiago Management for Mrs. Jimenez to obtain free housing, on an interim basis, and that housing would be available to her until she was able to find permanent housing. Mrs. Jimenez apprised Ms. Pacheco that she had located a unit at the Manor Mobile Home Park, and although she had not been approved by the management company and her application had not been completed, she believed that by utilizing the assistance of her brother, she would be able to qualify. Essentially, Mrs. Jimenez declined the assistance that was extended to her and given the circumstances of her prior request, Ms. Pacheco concurred that the point was moot. GiI Navarro, Chairman of the Mexican American Political Association (MAPA), P.O. Box 1396, San Bernardino, CA, concurred that it was a moot point. Mr. Navarro asked Mr. Penman to make closure by offering an apology to the Duran family. He stated that as an elected official, Mr. Penman should be a watchdog of the community, not a bulldog, and that all of San Bernardino was his family. Dr. Elsa Valdez, San Bernardino, thanked Maggie Pacheco and her office for helping to resolve the issue and was glad that it resulted in being a moot point. She stated that she would hate to have the City of San Bernardino remembered in the history books as the repatriation City of the new millennium. Brenda Ackers, 1416 Kendall, #21, San Bernardino, CA, stated that while watching Mr. Penman during Council meetings, she felt angry, and it was as though he was insulting her even though he was using really nice words and justifications that were hard to argue with. She stated that she noticed a lot of people agreed with him, which scared her. It scared her to think that she could get kicked out of her home because the owner did not or could not pay for repairs and her whole life would be disrupted. Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be tabled. RECESS MEETING At 11:59 a.m., Mayor Pro Tem Estrada recessed the meeting to the Economic Development Agency Boardroom for a luncheon workshop. RECONVENE MEETING At 12:15 p.m., Council Member Lien reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 26 01/22/200 1 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Council Members Lien, McGinnis, Schnetz, Anderson; Deputy City Attorney Empeiio, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Estrada, Suarez, McCammack. LUNCHEON WORKSHOP 12 NOON ECONOMIC DEVELOPMENT AGENCY BOARDROOM - 1-215 IMPROVEMENT PROJECT (30) COUNCIL MEMBER SUAREZ ARRIVED At 12: 18 p.m., Council Member Suarez arrived at the luncheon workshop and took his place at the boardroom table. MAYOR PRO TEM ESTRADA ARRIVED At 12:38 p.m., Mayor Pro Tem Estrada arrived at the luncheon workshop and took her place at the boardroom table. A Value Analysis "team" was formed to evaluate alternative conceptual designs for the proposed 1-215 improvements proposed through the City of San Bernardino, which consisted of technical staff from the City, Caltrans, and SANBAG. Ray Casey, City Engineer, introduced Dennis Saylor of SANBAG, who provided the project history and gave an overview of the alternatives that were evaluated: the C.D., the Super C.D., and the Preferred Alternative-the Braid Split; the basis for the recommended alternative, and general issues for future consideration. COUNCIL MEMBER McGINNIS EXCUSED At 12:45 p.m., Council Member McGinnis left the luncheon workshop. COUNCIL MEMBER LIEN EXCUSED At 1:18 p.m., Council Member Lien left the luncheon workshop. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council support the Value Analysis Team's recommendations for the Braid Split Alternative as the preferred alternative for the 1-215 Corridor design. ADJOURN MEETING At 1:20 p.m., the luncheon workshop adjourned to the Council Chambers of City Hall. 27 01/22/200 1 COMMUNITY DEVELOPMENT COMMISSIONISAN BERNARDINO JOINT POWERS FINANCING AUTHORITYISAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITYISAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:06 p.m., Chairwoman Pro Tem Estrada called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing AuthoritylSan Bernardino Park Acquisition Joint Powers Financing AuthoritylSan Bernardino Associated Communities Financing Authority and Mayor and Common Council. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCarnmack; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: None. RES. CDC/2oo1-5 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A PROPERTY OWNER REDEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND YELLOW FREIGHT SYSTEM, INC., AN INDIANA CORPORATION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BY THE EXECUTIVE DIRECTOR ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R31) Economic Development Agency Executive Director Van Osdel stated that Yellow Freight System had been negotiating with Agency staff for well over two years regarding a proposal to build a 115 square foot freight terminal with fuel and maintenance facilities on 31 acres located on Rialto Avenue, west of Mt. Vernon, just south of the Santa Fe Intermodal Yards. They have invested well over $12 million in the project and have asked the Agency to assist through the reimbursement of costs for development fees and off-site expenses totaling approximately $811,000. Agency staff estimated the value of the development, when completed, would be approximately $9 million, and would generate $90,000 gross tax increment to the agency per year. It was the Agency's recommendation, after deducting 20 percent set-aside, the required pass through agreement amounts, and the Agency's $15,000 per annum, that the Agency reimburse Yellow Freight each year over ten years for the costs of the off-sites and the development fee permits. Mr. Van Osdel stated that Yellow Freight was expected to bring a payroll of approximately $25 million, and has had conversations with Ms. Pacheco relative to providing housing assistance to those employees wanting 28 01/2212001 to make the move to San Bernardino. Yellow Freight would bring 400 employment slots with them and anticipated increasing that to 600 jobs within two years. Mayor Pro Tem Estrada questioned whether the 400 to 600 jobs were all new jobs. Mr. Van Osdel stated that the movement from 400 to 600 would be new jobs, but it was unknown at this time how many of the 400 would be new jobs. Yellow Freight indicated that they did not know how many of their employees wanted to make the relocation to San Bernardino. Mayor Pro Tem Estrada asked if the Agency had prepared incentive packages to lure the employees to the City. Mr. Van Osdel stated that the Agency was working on a package. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/2001-5 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2001-6 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.3 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS AND CONSENTING TO AN ASSIGNMENT OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. (R32) Council Member Schnetz asked if there was any change in the business deal points that were not included as part of the original Disposition and Development Agreement (DDA). Ann Harris, Agency Director of Business Retention, Recruitment & Revitalization, stated that the DDA remained the same, the amendment only changed the timeline by extending it for six months. Ms. Harris indicated that there were two potential tenants. 29 01/221200 1 Council Member Anderson questioned whether there was a connection between this item and Item No. 26 on the agenda. Ms. Harris stated that Item No. 26, which was discussed earlier, had nothing to do with this particular deal. City Attorney Penman stated that Item No. 26 on the Agenda was continued at the request of the applicant and his attorney. Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. CDCI2001-6 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Abstentions: Council Member McCammack. Absent: None. Ayes: None. RES. 2001-26 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR HOME AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., (NHSIE) IN THE AMOUNT OF $240,000 SUBJECT TO ANNUAL FEDERAL HOME FUNDS BEING AVAILABLE TO THE CITY - HOMEBUYER EDUCATION PROGRAM. (R33) Maggie Pacheco, Agency Director of Housing and Community Development, stated that the Agency has had a relationship with Neighborhood Housing Services for over two years, and they continue to do a great job in providing homebuyer education. Ms. Pacheco stated that the staff report incorrectly reported that Neighborhood Housing Services provided assistance to 78 households, when actually a minimum of 223 homebuyers were educated by Neighborhood Housing Services, which could be substantiated by the Agency. Ms. Pacheco requested approval of the three-year extension to the agreement with NHSIE. Council Member Lien asked if there was a maximum number of people NHSIE could accommodate. Ms. Pacheco stated that financial assistance was provided by the Agency to create the homeownership center, which would allow them to increase their capacity. Currently, they schedule classes twice a week to accommodate the number of buyers. Mayor Pro Tem Estrada stated that this was probably one of the most important services that could be rendered to the consumer and commended NHSIE for the great job they do. 30 01/22/2001 Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-26 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SENIOR ASSIST ANT CITY ATTORNEY CARLYLE EXCUSED At 2:23 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. PUBLIC COMMENTS (Discussed later in the meeting - page 35) (34) Ernest Vincent, Century Crowell Communities, 1535 S. "D" Street, Suite 200, San Bernardino, CA, reported that the purchase by Century Homes of 24 lots at Arrow Vista was due to close in the next two days, and they would be having a grand opening within the next 60 to 90 days. Secondly, Mr. Vincent indicated that they had proposed legislation that would allow for gated residential communities without having to pay for private streets, which could cost up to $75 per month, and was not available to lower income residents. Mr. Vincent stated that in the event this legislation was undertaken, he would return to ask for the Council's support. CITY ATTORNEY PENMAN EXCUSED At 2:28 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, reported on the depleted uranium evidence found in the soil at Norton Air Force Base. Dave Cooper, Century Crowell Communities, 1535 S. "D" Street, San Bernardino, CA, Arrow Vista Project Manager, reported that the lots were under construction, and extended an invitation to their grand opening. Pamela Zander, 597 E. 29th Street, San Bernardino, CA, stated that the petition to repeal Chapter 2.20 would be available for signature at Target today from 10 a.m. to 2 p.m., and would also be available on Wednesday and Friday, and for the next several weeks. 31 01/221200 1 RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 3) (1) At 2:33 p.m., the Mayor and Common Council and the Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed as A-G under Agenda Item No.1, pages 3 & 4, and Agenda Item No.7, page 34, including those cases announced by City Attorney Penman. CLOSED SESSION At 2:33 p.m., Mayor Pro Tem Estrada 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 Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorneys Barnes and Easland, Administrative Operations Supervisor Anderson, City Attorney's Office; Special Counsel Sabo, Special Counsel Williams, Executive Director Van Osdel, Director of Housing and Community Development Pacheco, and Project Manager Hoeger, Economic Development Agency. CITY ATTORNEY PENMAN EXCUSED & DEPUTY CITY ATTORNEY BRYANT ARRIVED At 2:37 p.m., City Attorney Penman left the closed session and Deputy City Attorney Bryant arrived at the closed session. CITY ATTORNEY PENMAN ARRIVED At 2:43 p.m., City Attorney Penman returned to the closed session. CITY ATTORNEY PENMAN EXCUSED At 2:45 p.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN ARRIVED At 2:47 p.m., City Attorney Penman returned to the closed session. CITY ATTORNEY PENMAN EXCUSED At 2:51 p.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN ARRIVED At 2:53 p.m., City Attorney Penman returned to the closed session. 32 01/221200 1 CITY ATTORNEY PENMAN EXCUSED At 2:54 p.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN ARRIVED At 2:59 p.m., City Attorney Penman returned to the closed session. CITY ATTORNEY PENMAN EXCUSED At 3:04 p.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN ARRIVED At 3:12 p.m., City Attorney Penman returned to the closed session. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL, PROJECT MANAGER HOEGER & SPECIAL COUNSEL SABO EXCUSED At 3:12 p.m., Economic Development Agency Executive Director Van Osdel, Project Manager Hoeger & Special Counsel Sabo left the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CITY ENGINEER CASEY ARRIVED At 3:12 p.m., Senior Assistant City Attorney Simmons and City Engineer Casey arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CITY ENGINEER CASEY EXCUSED At 3:23 p.m., Senior Assistant City Attorney Simmons and City Engineer Casey left the closed session. INTERIM DIRECTOR OF DEVELOPMENT SERVICES WOOLARD, PRINCIPAL PLANNER ROSS & DEPUTY CITY ATTORNEY EMPENO ARRIVED At 3:45 p.m., Interim Director of Development Services Woolard, Principal Planner Ross and Deputy City Attorney Empeiio arrived at the closed session. INTERIM DIRECTOR OF DEVELOPMENT SERVICES WOOLARD, PRINCIPAL PLANNER ROSS & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 3:58 p.m., Interim Director of Development Services Woolard, Principal Planner Ross and Deputy City Attorney Empeiio left the closed session. COUNCIL MEMBER SUAREZ EXCUSED At 3:59 p.m., Council Member Suarez left the closed session. 33 01/22/200 1 ADJOURN CLOSED SESSION At 4 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 4 p.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Suarez. PERSONNEL ACTIONS (7) Mayor Pro Tem Estrada announced that the following personnel actions were approved during closed session: Wallace Green, Kenneth Yellen, David Chandler, Tanisha Ware, Gilbert Baeza, Sr., Aaron Carroll, Hosie Townsy, Maria Bracamontes, James Nelson, and Ronay Taylor. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated January 17, 2001, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified, except for classified personnel actions 3 through 6 and the unclassified action of Police Captain to Assistant Chief of Police. Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that the remaining persomlel items 3 through 6 be continued to January 29, 2001. ADOPT NEGATIVE DECLARATION - STREET IMPROVEMENTS- ART TOWNSEND DRIVE & OTTO GERICKE DRIVE - SAN BERNARDINO INTERNATIONAL AIRPORT (Discussed earlier in the meeting - page 16) (11) William Woolard, Interim Director of Development Services, stated that in response to Council Member Suarez' question as to what chemical products were used for soil stabilization, products such as magnesium sulfate or calcium sulfate, which were both EPA approved, could be used, or other methods could be used such as soil compaction, use of water, or hydroseeding. Council Member Schnetz made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council adopt the 34 01/221200 1 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. COUNCIL MEMBER SUAREZ RETURNED At 4:04 p.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND AMERICAN MEDICAL RESPONSE REGARDING ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE. (Discussed earlier in the meeting - page 23) (27) Note: The resolution and agreement were not distributed with the backup material; therefore, they will not be available for reference. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of January 29,2001. PUBLIC COMMENTS (Discussed earlier in the meeting - page 31) (34) Roger Henderson, 2516 Valencia, San Bernardino, CA, stated that he was ashamed of the crime and blight in the City and the way the Council was acting. He informed the Council that he was taking names in support of Jim Pe= and would be at Stater Bros. on 40th and Waterman. ADJOURNMENT (35) At 4:11 p.m., the meeting adjourned to 8:00 a.m., Friday, January 26, 2001 in the Pine Room at California State University, San Bernardino, California. The next joint adjourned regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 9:00 a.m., Monday January 29, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 35 01/22/200 1 The next joint regular meeting is scheduled for 8:00 a.m., Monday, February 5, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~.6'~~/ Linda Sutherland Deputy City Clerk No. of Items: 35 No. of Hours: 7 36 01/2212001