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HomeMy WebLinkAbout02-20-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 20, 2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:09 a.m., Tuesday, February 20, 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, McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schnetz. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 26 & 30) (1) At 8:09 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Cumming, et al. v. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; Highland Hills Homeowner Association v. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Soliman v. Citv of San Bernardino - United States District Court Case No. EDCV 00-00301 V AP; La France Hamilton v. Citv of San Bernardino, et al. - United States District Court Case No. EDV 00-107 RT. 1 02/20/2001 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (bl (1), (2), (3) (A-F) of Government Code Section 54956.9: Evacuees - 2057 North Mt. Vernon Avenue Cypress Inn Mobile Home Park C. Conference with legal counsel - anticipated litigation - IDltJatlOn 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 Ihe 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. City Attorney Penman announced that the following additional case would be discussed in closed session: Citv of San Bernardino Municipal Water Department v. United States Department of the Army - United States District Court Case No. CV 96-8867 consolidated with CV 96-5205. 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, McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schuetz. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Empeiio and Barnes, Administrative Operations Supervisor Anderson, City Attorney's Office; Water Department General Manager Kersey. 2 02120/2001 COUNCIL MEMBER SCHNETZ ARRIVED At 8: 14 a.m., Council Member Schnetz arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO & WATER DEPARTMENT GENERAL MANAGER KERSEY EXCUSED At 8:27 a.m., Deputy City Attorney Empefto and Water Department General Manager Kersey left the closed session. 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 Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 8:28 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9 a.m., Mayor Valles 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 Valles; Council Members Estrada, Lien, McGiImis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Pastor Matthew Witter of San Bernardino Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Bill Sadergaski, a student at Anderson Elementary School. APPOINTMENTS (2) There were no appointments. PROCLAMATION - MARCH 2001 - WOMEN'S HISTORY MONTH (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the month of March as "Women's History Month." 3 02/20/2001 The proclamation was accepted by Feldheym Library Administrative Operations Supervisor Aurora Mendoza and City Clerk Rachel Clark, co-chairs of this year's Women of Achievement Committee. City Clerk Clark thanked the Mayor for the proclamation on behalf of Aurora Mendoza and the members of the Women of Achievement Committee and stated that the theme, "Celebrating Women of Courage and Vision," is exemplified by the five elected officials currently sitting at the dais, and the many women employed by the City's Police and Fire Departments. Ms. Clark reported that 22 City employees have been nominated for a "Women of Achievement" award, and that the winners will be announced at a luncheon on March 29 at 11 :30 a.m. at the Radisson Hotel. Ms. Rubi thanked Jan Wages for the many years of leadership she devoted to the Women of Achievement Committee, stating that Jan had to step down due to the responsibilities of her Council seat. SERVICE PIN AWARDS CEREMONY (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Valles in recognition of their many years of dedicated service to the City. Name Huston Carlyle Julie Jensen Sherri Roberts Susan Woods Marvin Riddle Department City Attorney Police Police Police Public Services Years of Service 5 5 15 10 30 PRESENT A TIONS (3) Employee Recognition Program Awards: The Mayor's Commendation Award was presented to City Firefighter Paramedics Ben Alexander and Isaac Horn for responding to a distress call while vacationing in Baja California, and rescuing three fisherman who might have otherwise been cast upon a sheer rock beach due to the effects of an unanticipated, severe weather front. The Customer Service Quarterly Award for October-December 2000, was presented to Tina Torres, Public Services Department, who was nominated by a co-worker who noted that in the five years they have worked together, she has never seen Tina become cross with a citizen, even when a frustrated citizen is irate. She stated that Tina is always helpful, whether addressing the needs of citizens on the telephone or at the counter. 4 02120/2001 The Together We Can 2000 Award was presented to the following schools that participate in the Children's After-School Program for Success: Barton, Fairfax, Ingraham, Newmark, Riley, Hillside, Arrowhead, Lincoln, Lytle Creek, Monterey, Mt. Vernon, Roosevelt, Muscoy. Ms. Rubi noted that this team works in partnership with the City of San Bernardino Parks, Recreation, and Community Services Department, the San Bernardino City Unified School District, and the San Bernardino County GAIN Program to provide daily after school programs for 14 of the City's elementary schools in San Bernardino. Ms. Rubi stated that recreation leaders and aides provide opportunities for recreation, games, sports, contests, homework assistance, and arts and crafts. The Year 2000 San Bernardino Shines Award was presented to Ginny Evans- Perry and Joseph Michaud for their work in the advancement of technology at the library by providing to all the citizens of San Bernardino free computer training and education and free access to learning, knowledge, and information through technology. Ms. Rubi stated that the City of San Bernardino is truly fortunate to have an outstanding team like Ginny and Joe who use original problem solving, imaginative project development, and inventive resource utilization to reflect the City's commitment to fostering innovation. The Employee of the Year 2000 Award was presented to Captain Mardell Jimerson of the San Bernardino Fire Department for his efforts and time involved with the Fire Department Mentoring Program. Ms. Rubi stated that Captain Mardell volunteers two to three hours per week to the training and individual instruction of teenagers within the community preparing them for a possible career in the fire service. Mardell's involvement with San Bernardino City youth began with the Fire Explorer Program in which he volunteered innumerable hours. From that program, the mentoring program was developed. Ms. Rubi noted that Mardell has also recruited five other colleagues from the San Bernardino City Fire Department to assist in this mentoring program-one battalion chief, two captains, and two fire engineers. ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, Vice President of Business Support for the San Bernardino Area Chamber of Commerce, announced several upcoming events including the State of the City address featuring Mayor Valles at the Radisson Hotel and Convention Center on February 27 at 7:30 a.m.; the Chamber's first annual "Casino Night" at the San Bernardino International Airport on March 8 from 5 to 9 p.m.; the San Bernardino Symphony performance at the California Theater featuring Carlo Ponti on March 10 at 8:15 p.m.; the Miss San Bernardino Scholarship Pageant on March 24 at the California Theater; and the 40th Annual Headdress Ball on March 31. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that a meeting would be held tonight at the Feldheym Library from 6:30 to 8:00 p.m. regarding the refurbishment of the Santa Fe Depot; and wished her aunt a happy 85th birthday. 5 02/20/2001 ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced a kick-off celebration on February 22 at 11 a.m. for the first four blocks of Target Area 1 for the Neighborhood Initiative Project; and reported that the Citizen Site Reuse Committee at the County Medical Center will be meeting on March 2 with the Probation Department to discuss the favorable response they received regarding additional block walls on 16th Street and Trenton. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis wished his son Nicholas a happy birthday and stated that his son asked him to mention the fact that his basketball team has won the last six or seven games. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that the 40th Street Project Area Committee meeting scheduled for tonight at 6:15 p.m. has been moved from the EDA Boardroom to the Calvary Baptist Church on Sierra Way and Parkdale; and the Fourth Ward Dump Day sponsored by Dr. NAG will be held on March 10 at Del Vallejo Middle School on Lynwood Drive. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez extended congratulations to the Coyote Basketball Team of Cal State University for exacting their revenge on Cal State Dominguez Hills and winning by the largest margin of victory against any team this season. Mr. Suarez noted that the Coyotes are now ranked No. 7 in the Nation and No. 1 in the west region; announced that Station No. 2 of the San Bernardino County Fire Department was dedicated on February 17 and thanked Supervisor Jon Mikels for his efforts in making sure it opened because of the fire protection it will offer to areas including Muscoy, Verdemont and Cimarron Ranch; and thanked the neighborhood groups of the Fifth Ward for their efforts in keeping their respective areas clean and safe. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she did not appreciate the 3-minute time limit imposed upon them; thanked her constituents for helping to clean up the City during the last two years, and stated that the focus should now be on the beautification of San Bernardino. She indicated that from now on she would refer to "Dump Day" as "Beautification Day," and reported that the first "Beautification Day" in the Sixth Ward was a big success. 6 02/20/2001 ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack extended birthday wishes to her husband and her grandmother; thanked her neighbors and community members who attended the meeting regarding the Twin Creeks Flood Control area and for causing the County Flood Control Office to be held accountable for the events occurring in that area; announced that the Committee for Integrity in San Bernardino City Government wanted to personally thank each and everyone of the volunteers who collected over 6,400 signatures on the petition to overturn the Council action of January 16. She stated that their efforts will not go unnoticed and they have a lot to be proud of. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles extended birthday wishes to all those celebrating birthdays; thanked everyone for the expressions of sympathy submitted to her and her family on the loss of her sister; announced that she was glad to be back from Washington, D.C., and read a portion of a letter she received from Congressman Jerry Lewis dated February 16, 2001, in which he expressed his appreciation for her visit. In his letter, Congressman Lewis complimented Mayor Valles as being one of the best advocates he has worked with for the needs of San Bernardino, and commended her on her efforts on behalf of the City. He stated that he looked forward to future meetings and to working with her toward a successful completion of the projects on which they have joined forces to benefit San Bernardino. Mayor Valles invited all women to attend a special conference and trade show sponsored by the Professional Women's Roundtable Chapter of the National Association for Female Executives. The conference is entitled "Building Bridges for Business Success 2001" and will be held at Cal State University San Bernardino on Saturday, March 3, from 7 a.m. to 4 p.m. Mayor Valles indicated that last week the City had the honor of recelVmg a delegation from Koyang City from the Republic of Korea. The delegation was led by Dr. Kyo-sun (soon) Hwang, the Mayor of Koyang City, and included members of their City Council, their Director of Planning and Management, and Director of International Development. Mayor Valles indicated that the creation of another Sister City for San Bernardino was being explored. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that at the last Council meeting he distributed some pins in token of what he hoped would be a peaceful resolution to some of the difficulties that have taken place at the City. Mr. Penman noted that the Mayor was not here at the time, but he did share two of the pins with her staff. Mr. Penman indicated that since that 7 02/20/2001 time, there has been another barrage of pettiness. He requested that all elected officials, including himself, exercise positive leadership and stop the nonsense. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson stated that it was his pleasure to announce that the City of San Bernardino was one of 15 finalists nominated as being among the top companies to work for in the Inland Empire, sponsored by the Business Press. The City will be recognized at a special luncheon on February 23 at the Ontario Convention Center. Mr. Wilson stated that it was important to recognize the .:fforts of the Mayor as well as the Council and all the employees that are involved in making this organization a great place to work. Secondly, Mr. Wilson stated that it was also his pleasure to announce that Mayor Valles was the recipient of the Vision of Hope Award from the Diocese of San Bernardino for her impact of gospel values on the community. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark announced that during a visit with Ernie Wilson, she learned that Erna Schuiling, wife of Dr. Walt Schuiling and long time community activist and member of the League of Women Voters, is terminally ill at Reche Canyon Rehabilitation Center, 1350 Reche Canyon Road, Room 128, Colton, 92324. She stated that Ernie Wilson is also at Reche Canyon and is in Room 111. In addition, Ms. Clark extended happy birthday wishes to former Mayor Al Ballard. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. CLAIMS AND PAYROLL (6) 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 February 9, 2001 from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) 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 February 14, 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. 8 02/20/2001 RES. 2001-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF ORANGE SHOW ROAD, WEST OF WATERMAN AVENUE IN SAID CITY AND GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY. (8) RES. 2001-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING A LEASE AGREEMENT WITH THE EASTER SEAL SOCIETY AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING AS A CHILDREN'S MUSEUM IN SAN BERNARDINO. (10) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2001-35 and 2001-36 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A PORTION OF STATE STREET AND ADJACENT SLOPE EASEMENT SOUTH OF BASE LINE STREET IN THE CITY OF SAN BERNARDINO. (11) Council Member Anderson made a motion, seconded by Council Member Suarez, that Plan No. 10216, depicting the proposed vacation of a portion of State Street and adjacent slope easement south of Base Line Street, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2001-37 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE & APPROVE PLAN NO. 10225 - PROPOSED VACATION - PORTIONS OF GANNETT PARKWAY, NORTHERLY OF HALLMARK PARKWAY & PORTIONS OF McARTHUR BOULEVARD, WESTERLY OF GANNETT PARKWAY (12) James Funk, Director of Development Services, submitted a staff report dated February 12, 2001, regarding the proposed vacation of portions of Gannett Parkway, northerly of Hallmark Parkway and portions of McArthur Boulevard, westerly of Gannett Parkway. 9 02120/2001 Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Director of Development Services be authorized to proceed with the proposed vacation of portions of Gannett Parkway, northerly of Hallmark Parkway, and portions of McArthur Boulevard, westerly of Gannett Parkway; and that Plan No. 10225, depicting the proposed vacation be approved. APPROVE - CONTRACT CHANGE ORDER NO. TWO - PYRAMID BUILDING & CONSTRUCTION - INSTALLATION OF WALL ALONG MOUNTAIN AVENUE BETWEEN 39TH STREET & 40TH STREET (15) James Funk, Director of Development Services, submitted a staff report dated February 5, 2001, regarding Change Order No. Two to the contract with Pyramid Building & Construction for the installation of a wall along Mountain Avenue between 39th Street and 40'h Street. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the 2000/2001 budget and transfer $29,000 from Account No. 129-367- 5504-7156 "Street Improvements/ Safety Improvements - Citywide" to Account No. 129- 367-5504-7157 (Mountain Avenue south of 40th Street - remove sandbag wall and replace with barrier); and that the Mayor and Common Council approve Contract Change Order No. Two to the contract with Pyramid Building and Construction for the installation of a wall along Mountain Avenue between 39'" Street and 40'h Street resulting in a net increase in the contract amount of $40,952.94. APPROVE - CONTRACT CHANGE ORDER NO. ONE - JANUS CORPORATION ABATEMENT OF LEAD-BASED PAINT, ASBESTOS, PCB, & CLEAN-UP AT THE SAN BERNARDINO SANTA FE DEPOT (16) James Funk, Director of Development Services, submitted a staff report dated February 7, 2001, regarding Change Order No. One to the contract with Janus Corporation for abatement of lead-based paint, asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. One to the contract with Janus Corporation for abatement of lead-based paint, asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot. 10 0212012001 APPROVE - CONTRACT CHANGE ORDER NO. TWO - EARTH TECH. A TYCO INTERNATIONAL LTD COMPANY PROFESSIONAL ENVIRONMENTAL INSPECTION SERVICES FOR LEAD-BASED PAINT, ASBESTOS, PCB ABATEMENT, & CLEAN- UP AT THE SAN BERNARDINO SANTA FE DEPOT (17) James Funk, Director of Development Services, submitted a staff report dated February 7, 2001, regarding Change Order No. Two to the contract with Earth Tech., a Tyco International L TD company, for professional environmental inspection services for lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. Two to the contract with Earth Tech., a Tyco International LTD company, for professional environmental inspection services for lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot. RES. 2001-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART, "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN..."; BY CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT). (18) RES. 2001-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER FOR $62,403 TO EXIGEN GROUP LTD. OF CULVER CITY, CA. (19) RES. 2001-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER FOR $45,896.80 TO AARDVARK TACTICAL OF ARCADIA, CA. (20) RES. 2001-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND TERM OF AGREEMENT RELATING TO THE FORMER WATERMAN LANDFILL. (21) RES. 2001-42 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO FOURTH STREET ROCK FOR DISPOSAL OF STREET SWEEPING MATERIALS. (22) 11 02/20/2001 RES. 2001-43 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FOR THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE ACROSS A PORTION OF CITY OWNED PROPERTY. (24) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2001-38, 2001-39, 2001-40, 2001-41, 2001-42, and 2001-43 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member Schuetz stated that he would be abstaining on Agenda Item No.9 due to the fact that the involved party is a contributor to his campaign. RES. 2001-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES PRICE OF $8,950.00 AND DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY GENERALLY LOCATED EAST OF STERLING AVENUE, NORTH OF FOOTHILL DRIVE IN THE CITY OF SAN BERNARDINO, TO RONALD R. REZEK AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (9) Council Member McGinnis made a motion, seconded by Council Member Estrada, that the Director of Development Services be authorized to proceed with the sale of a portion of City Water Department property, located generally east of Sterling Avenue and north of Foothill Drive in the City of San Bernardino; and that said resolution be adopted. The motion carried and Resolution No. 2001-44 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member Schuetz. Absent: None. RES. 2001-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION... DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS THROUGH HIGHWAYS..." AND DECLARING LUGO AVENUE A THROUGH HIGHWAY FROM BASE LINE STREET TO SIXTEENTH STREET EXCEPT AT ITS INTERSECTION WITH THIRTEENTH STREET. (13) Council Member McCammack asked staff to explain the purpose of a through highway. 12 02/20/2001 Ray Casey, City Engineer, stated that a through highway provides support in the approval of stop signs at intersecting streets. Council Member McCammack asked if it was appropriate to have stop signs on the main thoroughfare as opposed to the intersecting streets if a street is not declared a through highway. Mr. Casey stated that Ms. McCammack was describing a four-way stop at some location on the through highway, and this would need to be determined by conducting a full-blown warrant analysis. Council Member McCammack inquired as to whether the volume of traffic was considered. Mr. Casey answered that traffic volume would be considered in a four-way stop warrant analysis. He stated that volumes are taken into consideration when designating a through highway and where the intersecting streets are approved for a two-way stop, but indicated that the through highway is an element that would allow for that approval. Council Member McCammack inquired as to whether the 1000 vehicles on Lugo helped to determine that it not only needed to be designated a through highway, but that the intersecting streets needed stop signs. Mr. Casey stated that the volumes of the through street in relation to the volumes of the intersecting streets helped in that determination. Council Member Lien stated that she wanted to publicly acknowledge the efforts of the DMV Neighborhood Association. Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-45 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION... DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS THROUGH HIGHWAYS..." AND DECLARING UNIVERSAL AVENUE A THROUGH HIGHWAY AT ITS INTERSECTION WITH V ARSITY AVENUE AND DECLARING VARSITY AVENUE A THROUGH HIGHWAY FROM COLLEGE A VENUE TO UNIVERSAL AVENUE. (14) Council Member Suarez requested that this matter be continued. 13 02/20/2001 Mr. Chas Kelly, 5066 Varsity, San Bernardino. CA., member of the Kendall Hills Neighborhood Association, requested that the Mayor and Council honor their petition to install stop signs and speed limit signs. He stated that they appeared before the Traffic Safety Committee on December 13; however, they did not request a three-way stop sign as indicated in the backup material. They did request stop signs at Varsity and Grand to stop the northbound and southbound traffic, also at Universal and Varsity, and Cambridge and Universal. Mr. Kelley stated that the reason they made the requests was because Varsity, Cambridge and Universal are being used as shortcuts off of University Parkway to Kendall Drive. He stated that these vehicles are not residents as the Traffic Committee reported- these are folks headed to the Verdemont area or to Cal State San Bernardino. The Traffic Committee reported 1,542 vehicles in a 24-hour period from 6-9 a.m. and from 3:30-6:30 p.m. Mr. Kelly requested that the matter not be continued-that action be taken today. Council Member Suarez stated that he was requesting the continuance so that all the safety issues can be resolved. Ray Casey, City Engineer, stated that he would like the opportunity to take the issue back to the Traffic Safety Committee with the new information he learned today. Council Member McCammack asked staff to explain how the Traffic Safety Committee and the Traffic Engineering Department determined that the north-south stop signs were not appropriate. Mr. Casey stated that the volume warrant analysis compares the volumes of the primary street with the intersecting streets, compares the relationship and the ratios, and the minimum number of vehicles at the intersecting street to determine whether or not the stop signs are warranted. The Committee looked at all the issues in this case and felt that the one location was warranted. Council Member McCammack stated that she did not find anything in the staff report that explained why the original request from the Neighborhood Association was not granted. Mr. Casey stated that the decision was based on the analysis of the volume warrants and the minimum warrants on the intersecting streets. Mr. Casey stated that he would make sure there are no other mitigating circumstances that should be considered. Council Member Suarez made a motion, seconded by Council Member McGinnis, that the matter be continued to the first Council meeting following the next Traffic Safety Committee meeting. (Note: The next Traffic Safety Committee meeting is scheduled to be held on March 14, 2001.) The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: None. 14 02/20/2001 COUNCIL MEMBER ESTRADA EXCUSED At 9:54 a.m., Council Member Estrada left the Council meeting. APPROVE BUDGET TRANSFER S20,000 FROM CODE COMPLIANCE TO PUBLIC SERVICES TO FUND BOARD-UP SUPPLIES FOR CITY ABATEMENT CREW (23) Glenn Baude, Director of Code Compliance, submitted a staff report dated February 14, 2001, regarding a fiscal year 2000/2001 budget amendment to transfer $20,000 from Code Compliance to Public Services to fund board-up supplies for the City's abatement crew. Council Member Lien inquired as to how many structures could be boarded up for $20,000. Mr. Baude stated that the expense of the board-ups was hard to predict, but indicated that he expected $20,000 would cover the board-ups between now and June 30. Council Member Lien stated that she would forward some information to Mr. Baude that she received from the Community Partnership Development Corporation, a non-profit corporation out of Los Angeles that does rehabs and manages multi-family units and are interested in discussing whether their project might be of interest to the City. Mr. Baude stated that he would be happy to look at anything that would reduce the number of boarded up buildings in San Bernardino. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Finance be authorized to amend the Fiscal Year 2000-2001 budget to transfer $20,000 from Code Compliance, Account No. 001- 073-5505 (Contract Professional Services) to Public Services, Account No. 001-407-5111 (Materials and Supplies) to cover the cost of the in-house abatement program as discussed in the staff report dated February 14, 2001, from Glenn Baude, Director of Code Compliance. APPROVE - MINUTES OF DECEMBER 4, 2000, MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING (Continued from February 5, 2001) (26) Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: December 4, 2000. 15 02/20/2001 APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW SERVICES - DANNY'S TOWING (Continued from October 2, 2000) (Discussed later iu the meeting - page 27) (27) Michael Billdt, Assistant Chief of Police, submitted a staff report dated February 13, 2001, regarding the appeal by Danny's Towing to be reinstated to the City's Tow Rotation List. Captain Curtis stated that this item had been continued four or five times since the termination notice was given to Danny's Towing. Captain Curtis spent a few moments recapping the administrative violations that occurred and the importance of having quality, professional tow carriers serving the City of San Bernardino. Captain Curtis stated that in a l5-month period the Police Department received and investigated seven complaints against Danny's Towing. Of the seven complaints. five were sustained and the last sustained complaint ended up with the Mayor terminating the tow service agreement. The complaints involved damage to a vehicle towed by one of Danny's drivers, a bad check written to the City for the franchise administrative fees, nonpayment of the franchise administrative fees, a late response of 20 minutes, and the most severe complaint stemmed from Danny's improperly securing vehicles towed by the City-they were parked outside on the City streets-and when this was brought to his attention, his method of resolving this was to falsify DMV documents and illegally dispose of the vehicles that led to a criminal complaint being filed against him and a plea of nolo contendere, or no contest, with a fine imposed and a three-year suspension. Captain Curtis stated that the Tow Services Agreement specifies the timeframe for violations and the recommended sanctions. On the tirst violation the tow carrier would receive a letter of reprimand; on the second, a 30-day suspension; on the third, a 60- to 90-day suspension; and the fourth violation would result in termination. In each of these cases, the sanctions imposed by the Police Department were far less. Captain Curtis stated that the Police Department issued three letters of reprimand and a five-day suspension, and it was not until the major violation occurred that they sought and received termination. Council Member McGinnis inquired whether the information had been shared with the California Highway Patrol. Captain Curtis stated that they had shared the information with the CHP. Captain Curtis stated that they issued two letters of reprimand, imposed a suspension, and then issued another letter of reprimand for the late response, which was a minor violation. The last sustained complaint was a major violation to the Tow Service Agreement that would call for the termination and would be independent of any previous action taken. Council Member Lien asked if Mr. Ring was going to address the Council regarding the fact that Danny's owes the City more than $67,000. 16 02/20/2001 City Clerk Clark reminded the Mayor and Council that the hearing was closed on October 2 and suggested reopening the hearing if they wished to take additional testimony. City Attorney Penman stated that the hearing should be reopened if Council wanted to hear from the appellant's attorney. Mayor Valles opened the hearing. Mr. Robert Ring of Ring & Green, legal counsel for Danny's Towing, stated that Danny's is back on board with the California Highway Patrol (CHP). He stated that he met with Captain Curtis and Lieutenant Lawrence and reviewed the seven violations-two of which he believes are unfounded. He stated that the City of San Bernardino follows the CHP's Tow Service Agreement for discipline-the same agreement the CHP dealt with when it reinstated Danny's. He stated that certain crimes will automatically result in termination and usually involve drugs, alcohol, etc., none of which are what Danny pled nolo contendere to. Mr. Ring noted that Danny was issued a one-year suspension, which according to the CHP, was adequate punishment for his mistake. Mr. Ring stated that the disciplinary actions listed in the CHP's Tow Service Agreement were merely guidelines and were not absolutes. He indicated that Danny has not been able to make a living for the last year. Mr. Ring stated that Danny now uses an outside lien sale service, and there would be no more problems with the paperwork. 1\1r. Ring stated that Danny recently made a good faith payment of $2,000 to the City and will bring that current as soon as he is able to earn money again. Council Member Anderson stated that although she did not condone some of Danny's actions, she questioned the validity of some of the charges and did not feel they were serious enough to warrant being terminated from the towing service. Ms. Anderson indicated that she wants the City to get its money back and Danny to continue doing business in the Sixth Ward. Council Member Schuetz asked what was the purpose of the original inspection of the facility where the cars were observed to be improperly stored, and what was the difference between a statement of facts and a lien sale procedure to dispose of junk cars. Captain Curtis stated that the Police Department, as well as the CHP, has the ability to conduct inspections at any time on any of the tow yards. The City did not direct Danny's to dispose of the cars, but directed them to properly secure them within the tow yard, not out on the public street. Captain Curtis stated that the Police Department was following up on a hazardous material situation when they noticed the vehicles were being improperly stored. Officer Brad Lawrence, San Bernardino Police Department, explained both the lien sale procedure and statement of facts. Mr. Ring stated that it was in the City's best interest to reinstate Danny's Towing. 17 02/20/2001 Council Member McCammack stated that it was the City's responsibility to protect itself and its citizens from litigation that may result from a wrongdoing by a tow company. Mr. Ring responded by stating that the City does have that ultimate responsibility, but argued that the responsibility is also directed at Danny, who is also a citizen. Mr. Ring stated that there have been no citizen complaints made against Danny's Towing. Council Member McGinnis stated that Danny's received a business license in February of 1990 and the City entered into a loan agreement with him in July of 1993, and inquired as to when he began his tow rotation with the City. Captain Curtis stated that he didn't have that date, but it was done at the direction of the Council after the loan was approved, and in December of 1998 Mr. Alcarez started falling behind in making loan payments to EDA. Council Member McGinnis stated that he wanted to confirm or refute the fact that the loan agreement started first and then the tow rotation with the City followed. Mr. Ring stated that Danny began his tow rotation in 1996. Council Member McCammack asked if Mr. Ring knew at what point Danny's Towing would be capable of becoming current with his loan with the City. Mr. Ring stated that he did not know, but would be happy to meet with the Council and his client to work out a payment schedule. Council Member Anderson stated that the majority of the violations against Danny's are minor and felt they did not warrant termination of his contract. Council Member Schnetz stated that it was his feeling that the Police Department had lost confidence in their subcontractor and inquired as to whether the Council should force departments to work with people they don't have confidence in. Mr. Ring stated that when he met with Captain Curtis and Lieutenant Lawrence he was told that they would be able to work with Danny's Towing. Council Member Lien stated that she was inclined to protect the City's financial interest and inquired as to whether our legal counsel could pursue looking at a repayment schedule and perhaps deducting loan payments from their franchise fees. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the public hearing be closed. City Attorney Penman stated that if it is the inclination of the Mayor and Council to grant the appeal, he suggested continuing the matter to the afternoon in order to work out conditions for repayment. 18 02/2012001 It was the consensus of the Council to continue the matter to the afternoon. Council Member Schnetz stated that in this instance the City does not pay the tow company-the tow company pays the City a franchise fee and collects its fees from the people whose cars have been towed. Mr. Schuetz indicated that he did not see a mechanism by which the City could withhold money to make the mortgage payment. Mr. Ring stated that the two issues were separate and urged the Council to make a decision. Mayor Valles agreed that the issues were separate; however, she stated that the Council felt the need to be informed before making a decision. CITY ATTORNEY PENMAN EXCUSED At 11 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeiio. DETERMINATION - PUBLIC CONVENIENCE OR NECESSITY - TYPE 21 LIQUOR LICENSE - STATER BROS. MARKETS - 161 E. 40TH STREET (28) James Funk, Director of Development Services, submitted a staff report dated February 5, 2001, regarding determination of public convenience or necessity for a Type 21 Liquor License for Stater Bros. Markets at 161 E. 40th Street. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off-site general) liquor license for Stater Bros. Markets located at 161 E. 40th Street. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 00-04 - CHANGE LAND USE DESIGNATION FROM RU-l, RESIDENTIAL URBAN, TO CG-3, COMMERCIAL GENERAL - 5.4 ACRES ON SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY PARKWAY (Continued from January 22, 2001) (29) Valerie Ross, Principal Planner, stated that David Mlynarski, on behalf of the applicants, had requested that the matter be tabled indefinitely. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be tabled indefinitely. 19 02/20/2001 -_._---_._--_.~---_.-'-_._,----_._..._--~.._-'_."...------------_._-- PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 00-03 & CONDITIONAL USE PERMIT NO. 00-16 - CHANGE LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY - 12.7 ACRES ON MT. VERNON AVENUE (30) James Funk, Director of Development Services, submitted a staff report dated January 30, 2001, regarding General Plan Amendment No. 00-03 and Conditional Use Permit No. 00-16, to amend the General Plan land use designation from CG-l, Commercial General, to CH, Commercial Heavy, to establish a swap meet on the west side of Mt. Vernon Avenue at Johnston Street. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, reviewed highlights of the staff report with the Council. Council Member Anderson stated that the City was having a rash of both indoor and outdoor swap meets and inquired as to whether the City has considered placing a limit on them. Ms. Ross stated that it is staff's belief that the swap meets will be self-regulating and there will only be as many as can be supported by residents in the area. Council Member McGinnis spoke in favor of the project and stated that on the days they are not conducting business, the applicants will allow college students to utilize their parking lot free of charge. Dr. Deylyne McCampbell, 1457 Mt. Vernon. San Bernardino, CA, local pastor and chaplain director of the Fontana Police Department, spoke in favor of the project. Council Member Schuetz stated that although it was a nice facility, he did not feel a swap meet was the highest and best use of the 17 acre piece of property, but viewed it as an interim use. He felt it would be prudent to hold the property until such time as land values increase and it could accommodate some other type of development in the future. RES. 2001-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR 12.7 ACRES LOCATED ON THE WEST SIDE OF MT. VERNON A VENUE, NORTH OF JOHNSTON STREET. (30) Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the public hearing be closed. 20 02/20/2001 Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted which approves General Plan Amendment No. 00-03, adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve Conditional Use Permit No. 00-16, based on the Findings of Fact in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements. The motion carried and Resolution No. 2001-46 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER McCAMMACK EXCUSED At 11: 14 a.m., Council Member McCammack declared a possible conflict of interest on Agenda Items 31 and 32 due to the close proximity of the market to her business, and left the Council meeting. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:14 a.m., City Attorney Empeiio left the Council meeting and was replaced by City Attorney Penman. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 01- 01 - ESTABLISH NEIGHBORHOOD GROCERY STORES (WITH OR WITHOUT ALCOHOL) AS A PERMITTED LAND USE ACTIVITY IN VARIOUS LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT. (31) James Funk, Director of Development Services, submitted a staff report dated January 31, 2001, regarding Development Code Amendment No. 01-01 to establish neighborhood grocery stores (with or without alcohol) as a permitted land use activity in various land use districts subject to a Conditional Use Permit. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, reviewed highlights of the staff report with the Council. There was discussion on how staff arrived at the maximum square footage of sales area that can be used for the display or sale of alcohol. Council Member Lien highlighted the benefits of having small neighborhood grocery stores. Frank Tais, restaurant market consultant, voiced his concern at not being allowed single sales of beer and wine and the fact that his hours of operation were limited. 21 02/20/2001 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR NEIGHBORHOOD GROCERY STORES. First (31) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the public hearing be closed, that said ordinance be laid over for final adoption; and that Planning staff be directed to prepare an amendment to the Development Code relating to signage for neighborhood grocery stores. APPROVE CONDITIONAL USE PERMIT NO. 00-15 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY ALCOHOLIC BEVERAGE CONTROL TYPE 20 LICENSE CARNICERIA LA FAMOSA MARKET - 397 W. HIGHLAND A VENUE (32) James Funk, Director of Development Services, submitted a staff report dated February 5, 2001, regarding Conditional Use Permit No. 00-15 and a Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license for the Carniceria La Famosa Market located at 397 W. Highland Avenue. Valerie Ross, Principal Planner, reviewed highlights of the staff report with the Council. Council Member Lien stated that the conditions of approval should be amended to reflect the hours of operation from 7 a.m. to 9 p.m. to be consistent with the Development Code. Council Member Suarez made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council approve Conditional Use Permit No. 00-15 and determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) license for the Carniceria La Famosa Market located at 397 W. Highland Avenue; and that the hours of operation be changed to 7 a.m. to 9 p.m. to be consistent with the Development Code. COUNCIL MEMBER McCAMMACK RETURNED At 11:33 a.m., Council Member McCammack returned to the Council meeting and took her place at the Council table. 22 02120/2001 AUTHORIZE CITY CLERK - SUBJECT TO RECOMMENDATION OF CITY ATTORNEY - TO RETAIN OUTSIDE SPECIAL COUNSEL SERVICES FOR PURPOSE OF OBTAINING ANY & ALL LEGAL ADVICE CONCERNING QUESTIONS & ISSUES ON REFERENDUM TO OVERTURN ORDINANCE NO. Me. 109 ! - ADOPTED BY COUNCIL ON JANUARY 16, 2001 - REPEALING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CITY ATTORNEY APPROVAL TO RETAIN OUTSIDE SPECIAL COUNSEL SERVICES (33) James F. Penman, City Attorney, submitted a ~taff report dated February 8, 2001, regarding the request that the City Clerk be authorized, subject to recommendation of the City Attorney, to retain outside special counsel services for the purpose of obtaining any and all legal advice concerning questions and issues on the referendum to overturn Ordinance No. MC-1091, which was adopted by the Council on January 16, 2001; said ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City Attorney approval to retain outside special counsel services. City Attorney Penman stated that the Registrar of Voters is currently counting the signatures on the referendum and felt this was the appropriate time for his office to conflict off. He indicated that the City Clerk will certify the petition as having the valid number of signatures or make a determination that it does not and he noted that the decision will have to be made prior to the next Council meeting. City Clerk Clark asked City Attorney Penman to clarify that if she did have to select legal counsel, it could be legal counsel of her own choosing. City Attorney Penman stated that it would be the independent counsel of the City Clerk's choosing. Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that the City Clerk be authorized, subject to the recommendation of the City Attorney, to retain outside special counsel services for the purpose of obtaining any and all legal advice concerning questions and issues on the referendum to overturn Ordinance No. MC-1091, which was adopted by the Council on January 16, 2001; said ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City Attorney approval to retain outside special counsel services. CONFLICT ON REFERENDUM PETITION AGAINST ORDINANCE NO. MC-I091 - CITY CLERK CLARK (34) Council Member McCammack submitted a staff report dated February 14, 2001, regarding City Clerk conflict on Referendum against Council Ordinance MC-1091. 23 02/20/2001 Ms. McCammack read into the record the letter written to City Clerk Clark and signed by her and former Mayor Evlyn Wilcox requesting that the City Clerk disqualify herself as the elections official on the proposed measure. Ms. McCammack cited several instances that led to her request. City Clerk Clark read into the record her response to the letter prepared by Council Member McCammack and former Mayor Wilcox. Council Member McGinnis stated that the accusations made against the City Clerk were unfounded, and he could not believe the matter was even brought to the Council. The following individuals spoke in favor of Council Member McCammack's request that the City Clerk disqualify herself as elections official: Russ Wathey, San Bernardino, CA; and Roger Henderson, 2516 Valencia, San Bernardino, CA. The following individual spoke in opposition to Council Member McCammack's request that the City Clerk disqualify herself as elections official: Gil Navarro, Chairman of the Mexican American Political Association (MAPA). City Clerk Clark referred to the pertinent sections of both the Elections Code and Government Code relative to the referendum process. Council Member McCammack stated that she never suggested that the City Clerk has ever or would misuse her office or her power. Council Member McGinnis stated that the City Clerk's reputation is impeccable and the only reasons for bringing this forward were political. Council Member McCammack stated that the City Clerk is very helpful when it comes to candidates, but when it comes to specifics regarding an issue she is not comfortable with, she does not provide the same amount of information. Discussion ensued regarding the staff report submitted by Council Member McCammack. Council Member McCammack made a motion, seconded by Council Member Anderson, that the Mayor and Common Council encourage the City Clerk to disqualify herself as the elections official regarding the Referendum Petition against Ordinance No. MC-I091. The motion failed by the following vote: Ayes: Council Member McCammack. Nays: Council Members Lien, McGinnis, Schnetz, Suarez. Abstentions: Council Member Anderson. Absent: Council Member Estrada. 24 02/20/2001 REJECT ALL BIDS - INSTALLATION OF UPGRADED TRAFFIC SIGNAL HEADS & LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL LAMPS AT SIGNALIZED INTERSECTIONS THROUGHOUT CITY - AUTHORIZE EXPENDITURE OF $1,326,920 TO PURCHASE & INSTALL APPROXIMATELY 8,151 LAl'vIPS THROUGHOUT THE CITY (35) James Funk, Director of Development Services, submitted a staff report dated February 13, 2001, regarding authorization to reject all bids for the installation of upgraded traffic signal heads and Light Emitting Diode (LED) traffic signal lamps at signalized intersections throughout the City and authorizing the expenditure of $1,326,920 to purchase and install approximately 8,151 lamps throughout the City. RES. 2001-47 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REJECTING ALL BIDS RECEIVED ON FEBRUARY 6, 2001, FOR A PROJECT TO RETROFIT EXISTING INCANDESCENT TRAFFIC SIGNAL LAMPS CITYWIDE WITH LIGHT EMITTING DIODE (LED) LAMPS; AND APPROVING THE EXECUTION OF A PURCHASE ORDER WITH SYNCHRONEX FOR THE SUPPLY OF A MAXIMUM OF 8,151 LIGHT EMITTING DIODE (LED) BULBS TO THE CITY OF SAN BERNARDINO. (35) Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to amend the 200012001 budget to include $1,326,920 in Account Number 631-332-5504-7218 (Utility Fund - expense) and $918,720 in Account Number 631-000-4944 (LED Retrofit Program - revenue), leaving a local match requirement of $408,200 to be paid over the next two years from energy savings. The motion carried and Resolution No. 2001-47 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. RECESS MEETING At 12:08 p.m., Mayor Valles recessed the meeting to the Economic Development Agency Boardroom for a luncheon workshop. RECONVENE MEETING At 12:15 p.m., Mayor Valles 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 Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, 25 02/20/2001 McCammack; Senior Assistant City Attorney Carlyle, City Administrator Wilson, City Clerk Clark. Absent: None. LUNCHEON WORKSHOP - 12 NOON - ECONOMIC DEVELOPMENT AGENCY BOARDROOM - SANTA FE DEPOT AREA UPDATE (36) Ray Casey, City Engineer, introduced Wayne Donaldson, Consultant with the Architectural Firm of Milford Wayne Donaldson, who provided the Council with an update of the Santa Fe Depot Restoration and Rehabilitation Project. Mr. Donaldson invited the Council to attend a public workshop tonight at the Feldheym Library from 6:30 to 8:00 p.m. Mr. Casey introduced Jarb Thaipejr, Project Manager and member of his staff, who worked closely with Milford Wayne Donaldson and was instrumental in the funding aspects of the project. Ali Cayir, President of Transtech Engineers, Inc. , distributed copies of the Concept Improvement Plan and Master Plan Concept Proposal for the Santa Fe Railroad Historic Depot District and discussed proposed improvements to the surrounding neighborhood. ADJOURN MEETING At 1:45 p.m., the luncheon workshop adjourned to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 13 p.m., Mayor Valles 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 Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: None. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1 & 30) (1) At 2:13 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No. IB on page two of these minutes. 26 02/20/2001 CLOSED SESSION At 2: 13 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, Schuetz, Suarez, Anderson, McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: None. Also present: Senior Assistant City Attorneys Simmons and Carlyle; Captain Curtis, Police Department; Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo, and Special Counsel Williams of Lewis, D'Amato, Brisbois & Bisgaard. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CAPTAIN CURTIS, POLICE DEPARTMENT, EXCUSED At 2:19 p.m. Senior Assistant City Attorney Simmons and Captain Curtis, Police Department, left the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON, CITY ATTORNEY'S OFFICE, ARRIVED At 2:20 p.m., Administrative Operations Supervisor Anderson, City Attorney's Office, arrived at the closed session. ADJOURN CLOSED SESSION At 2:28 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:28 p.m., Mayor Valles 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 Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: None. APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW SERVICES - DANNY'S TOWING (Continued from October 2, 2000) (Discussed earlier in the meeting - page 16) (27) Council Member Lien inquired as to what would be the length of the contract if Danny's Towing were to be reinstated to the City's Tow Rotation List. 27 02/2012001 Captain Curtis stated that unless removed, Danny's Towing would permanently remain on the City's Tow Rotation. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council reinstate Danny's Towing to the City's Tow Rotation List. RES. 2001-48 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A QUITCLAIM DEED FROM THE SANTA ANA WATERSHED PROJECT AUTHORITY FOR AN UNDIVIDED 80% INTEREST AS TENANTS IN COMMON FOR REAL PROPERTY IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, INCLUDING ALL STRUCTURES AND IMPROVEMENTS OF WHATEVER KIND AND NATURE SITUATED ON THE REAL PROPERTY, AND DEDICATING THE PROPERTY AND IMPROVEMENTS FOR WATER DEPARTMENT USE. (25) Council Member Estrada asked if the City would have 80 percent liability m addition to the 80 percent interest in the real property that was acquired. Bernard Kersey, Water Department General Manager, stated that the City would have 80 percent undivided interest and 80 percent liability, and that the project was already in operation. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-48 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 2:35 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. CITY ADMINISTRATOR WILSON EXCUSED At 2:35 p.m., City Administrator Wilson left the Council meeting. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL & SPECIAL COUNCIL SABO ARRIVED At 2:35 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo arrived at the Council meeting. 28 02/20/2001 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 2:35 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. RES. CDC/2001-10 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO.1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA. (R37) Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, reviewed highlights of the staff report with the Council and stated that they were nearing the point of resubmitting the documents to HUD for approval to commence construction. Ms. Pacheco noted that Council Members Estrada and Anderson requested better renderings than were presented at the Redevelopment Committee meeting and that they also had concerns about the aesthetics of the project. Council Member Anderson inquired as to when the project would begin. J ohu Sharky, Project Architect, estimated that the project would begin in approximately 3 months with a 12-month construction period. Council Member Lien asked if there would be any impact to the HOME Funds. Ms. Pacheco stated that the increase will not impact the HOME Fund balance and indicated that the Agency will receive another appropriation of $1. 9 million on July 1, 2001. Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. 29 02/20/2001 Resolution No. CDC/2001-1O was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2001 LEASE AGREEMENT (EAST V ALLEY WATER DISTRICT) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND EAST VALLEY WATER DISTRICT ON THE TERMS SET FORTH IN SUCH AGREEMENT. (Continued from February 5, 2001) (R38) Gary Van Osdel, Economic Development Agency Executive Director, stated that the matter was not ready to move forward and requested the matter be continued to March 5, 2001. Council Member McGinnis made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be continued to March 5, 2001. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 26) (1) At 2:43 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 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: Evacuees - 2057 North Mt. Vernon Avenue Cypress Inn Mobile Home Park CLOSED SESSION At 2:43 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, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Deputy City Attorney Empeiio, and Administrative Operations Supervisor Anderson, City Attorney's Office; Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo and Special Counsel Williams of Lewis, 30 02/20/2001 D' Amato, Brisbois & Bisgaard; and Special Counsel Kelly of Gresham, Savage, Nolan and Tilden. COUNCIL MEMBER ANDERSON EXCUSED At 3:02 p.m., Council Member Anderson left the closed session. COUNCIL MEMBER ANDERSON RETURNED At 3:05 p.m., Council Member Anderson returned to the closed session. ADJOURN CLOSED SESSION At 3: 15 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3:15 p.m., Chairwoman Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission! San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: None. APPEAL FILED BY LEONARD PAUL LOPEZ, ESQ., INLAND EMPIRE LATINO LAWYERS ASSOCIATION INC., - REQUEST FOR STAY - CERTAIN ACTIONS & DETERMINATIONS OF THE ECONOMIC DEVELOPMENT AGENCY & THE OFFICE OF THE CITY ATTORNEY - CYPRESS INN MOBILE HOME PARK (Continued from February 5, 2001) (R39) City Clerk Clark stated that she received a request from Attorney Leonard Paul Lopez indicating that they wished to withdraw their appeal. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be tabled. Note: Agenda Items R40 and R4l were comhined at the request of Caitlin Casso Watters of Inland Counties Legal Services. APPEAL FILED BY CAITLIN CASSo WATTERS, INLAND COUNTIES LEGAL SERVICES INC., - REQUEST FOR STAY - CERTAIN ACTIONS & DETERMINATIONS OF THE ECONOMIC DEVELOPMENT AGENCY & THE OFFICE OF THE CITY ATTORNEY - CYPRESS INN MOBILE HOME PARK (R40) 31 02/20/2001 APPEAL FILED BY ROBERT S. RODDICK, INLAND COUNTIES LEGAL SERVICES - REQUEST FOR STAY - CERTAIN ACTIONS & DETERMINATIONS OF THE ECONOMIC DEVELOPMENT AGENCY & THE OFFICE OF THE CITY ATTORNEY - CYPRESS INN MOBILE HOME PARK (R41) Mayor Valles opened the hearing. Bob Roddick, Inland Counties Legal Services, stated that he is the Attorney representing several families that currently reside at Cypress Inn Mobile Home Park and a number of families that have been dislocated. Mr. Roddick stated that the appeal addresses the fact that not enough time was given to the dislocated families to allow them to find alternative housing. He addressed the myth that the City has been more than kind to the people and the fact that they had to be relocated in the first place. He met with a State code enforcement officer who stated that the sweep of the park was overzealous. Mr. Roddick stated that civil rights issues and equal protection issues have been raised with this matter. Gil Navarro, Chairman of the Mexican American Political Association (MAPA), stated that the action to illegally evict the families was initiated by the City, therefore, it was up to the City to treat the families with fairness. Special Counsel Sabo advised that there is no specific action required on this matter and the intent was to have the hearing and receive input for whatever type of recommendation the Council may wish to bring forward. City Attorney Penman addressed Mr. Navarro's concerns by stating that the City did not cause the situation. He stated that the Mobile Home Park has been in a state of disrepair for several years and the families were fortunate to have the Economic Development Agency and Ms. Pacheco handling the relocation. Council Member Schuetz asked if anyone was still living in the motels that were being paid for by the City. Ms. Pacheco stated that to her knowledge all families had vacated the motel and if any families remained behind, they were doing so at their own expense. EDA committed to making payment on behalf of the families until February 10. She stated that the original cutoff was January 31, but there were some instances where they granted a 2-week extension. Thereafter, anyone who had not completed their move was not given an extension, and they were told that if they stayed behind in the motel they would have to pay for it themselves. Ms. Pacheco stated that the City authorized approximately 60 days beginning December 14, and that she took the liberty of extending that date to February 10. Council Member Schnetz stated that the City allocated a certain amount of housing funds to be used both for providing shelter and either down-payment assistance on a new 32 02/20/2001 home or first and last month's payment on a rental of another home, and asked Ms. Pacheco how many families elected to take advantage of that program. Ms. Pacheco stated that 23 families were evacuated and approximately 10 of those families elected to purchase a unit, and 4 of those t:iected to rent an apartment. She indicated that there were probably 2 families whose transactions have not been completed, although their payments have been processed. Council Member Schnetz stated that he was contacted by a consultant who indicated that there is a statute in State law that gives a remedy to the tenants and possibly to the Agency in this instance to recoup the money that was expended that could be attributed to the lack of the landlord maintaining the facility. Council Member Schnetz inquired as to whether the City could look into that. Ms. Pacheco stated that she was not aware of that law, but indicated that she and Mr. Van Osdel have had discussions with Mr. Penman regarding the attempt on behalf of the City to try to recapture some of the money when used for evacuees or displacees because the revenues for these programs are coming from the Redevelopment Agency. City Attorney Penman agreed that there is a State statute that permits recovery for the tenants and stated that his office could pursue the matter if it is the desire of the Council. Council Member McGinnis asked if every family was extended the opportunity for housing relocation. Ms. Pacheco answered that all families were counseled and provided with any information EDA had with regard to how much money would be available to them and also what mortgage assistance was available. She stated that EDA arranges for lenders for any family that can qualify for a home, they prepare the financing through the lenders and provide mortgage assistance coupled with the grant of $5,000 to each family that chose to purchase a unit. Council Member McGinnis suggested that Ms. Pacheco compile a list of all the families and the options they were given, and stated that he felt the City has done more than their obligation to the evacuees. Mayor Valles felt it would be helpful if the Council could be provided with a chronology of the events and the resultant actions---the number of families for which lodging was found and where they're located, the families that opted to rent and those that opted to return, and the cost of rehabilitating their homes. Ms. Pacheco stated that she would be happy to provide that information to the Council. 33 02/20/2001 City Attorney Penman stated that any chronology should be provided to the Mayor and Council in closed session since several of the evacuees have retained counsel and there have been threats of lawsuits. Mr. Roddick stated that to a large extent the appeal is a moot point except for two families who are essentially homeless, and indicated that it was on their behalf that he was making the appeal. Ms. Pacheco stated that it was her understanding that both families were in the process of negotiating with the seller of a mobile home unit and noted that both families received $5,000 from EDA in January. Mayor Valles recommended that negotiations take place with the appropriate park managers with the assistance of Ms. Pacheco and Mr. Roddick. Gil Navarro, MAPA, stated that it was determined that Mr. Penman had a conflict of interest and the fact that he asked Ms. Pacheco to provide information in closed session was illegal. He noted that any money spent was public information. City Attorney Penman stated that his office has not conflicted off of anything. He indicated that he asked Mr. Sabo to advise the Council for the purpose of the hearings and that his office is advising EDA staff for the purpose of the hearings. He noted that if any lawsuits are brought against the City, he expected to be fully involved in the defense of those lawsuits. Council Member McCammack made a motion, seconded by Council Member McGinnis, and unanimously carried, that the public hearing be closed. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & SPECIAL COUNCIL SABO EXCUSED At 3:53 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 3:55 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PUBLIC COMMENTS (42) Dan Walker, 1695 Conejo, San Bernardino, CA, stated that everyone has the right to make a mistake. He stated that he felt the City has a dedicated Mayor and City Attorney and that the lakes and streams project will benefit the City. Mr. Walker urged the City to get down to work. He stated that the first job of any government is to secure the borders, the second is to make sure the streets are safe, and the third is to maintain the infrastructure. He noted that regulation, eviction, and entertainment is not really the City's job-the City's job is to serve the people. 34 02/20/2001 Pamela Zander, a resident of San Bernardino, voiced her concern regarding a letter sent to the City from the Attorney General's Office dated August 11, 2000, which addressed the fact that the City is in violation of not amending its General Plan. Ms. Zander stated that at a recent occurrence at City Hall her right to gain signatures was violated. Wilma Morgan, 334 Orange, San Bernardino, CA, stated that a senous dog problem exists in the City and requested that something be done about it. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding toxic waste at Norton Air Force Base and the lack of reinforcement of the runway. ADJOURNMENT (43) The meeting was adjourned at 4:06 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8 a.m., Monday, March 5, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By4tdA ~ Jud~--.uI ) Linda Sutherland Deputy City Clerk No. of Items: 43 No. of Hours: 6 35 02/20/200 1