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HomeMy WebLinkAbout05-07-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 7,2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Deyelopment Commission of the City of San Bernardino was called to order by Mayor Valles at 8:10 a.m., Monday, May 7, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman announced that the following additional case would be discussed in closed session: Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 36,40 & 41) (1) At 8:10 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Goyernment Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Highland Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Soliman v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; 1 51712001 Roy Gonzales, Adolpho Arellano, Richard Robledo, Salvador Jimenez y. The City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 54993; Alvarez & Associates, et al. v. City of San Bernardino, et al. - Riyerside Superior Court Case No. RIC 346536; Pete Taylor, et al. Y. City of San Bernardino, et al. - United States District Court Case No. CV 99-2138 NM (CTx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Goyermnent Code Section 54956.9. Avila Construction v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. City of San Bernardino, Redevelopment Agency of the City of San Bernardino, Economic Development Agency v, Jaime Alvarez, Marisela Alvarez Labistida, Eunice Alvarez, Elena Alvarez Labistida, Gina Alvarez Bosch, Adrienne Christine Holes, Hector Labistida, Jason Omar Bosch, Does 1-50. City of San Bernardino v. Omnitrans D. Closed Session - personnel - pursuant to Government Code Section 54957. Contract Amendment Code Compliance Director E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public seryices or public facilities - pursuant to Goyernment Code Section 54957. F. Conference with labor negotiator - pursuant to Goyernment Code Section 54957.6. 2 51712001 Negotiator: Ed Raya, Human Resources Director Employee Organization: San Bernardino City Public Employees Association, General Unit G. Conference with real property negotiator - pursuant to Goyernment Code Section 54956.8: 1. Property Address: 2261 20th Street, San Bernardino, North Arden-Guthrie Area Negotiating Parties: Jeffrey B, Gardner of Saxon, Barry, Gardner & Kincannon; and Maggie Pacheco on behalf of the Economic Deyelopment Agency Under Negotiation: Purchase Terms & Conditions CLOSED SESSION At 8: 10 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Bryant and Easland, and Administrative Operations Superyisor Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Deyelopment Commission while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER McGINNIS ARRIVED At 8:15 a.m., Council Member McGinnis arrived at the closed session. 3 5/7/2001 SENIOR ASSIST ANT CITY ATTORNEY SIMMONS EXCUSED At 8:20 a.m., Senior Assistant City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO, DIRECTOR OF DEVELOPMENT SERVICES FUNK & CITY ENGINEER CASEY ARRIVED At 8:43 a.m., Deputy City Attorney Empeiio, Director of Development Services Funk and City Engineer Casey arriyed at the closed session. DEPUTY CITY ATTORNEY EMPENO, DIRECTOR OF DEVELOPMENT SERVICES FUNK & CITY ENGINEER CASEY EXCUSED At 9 a.m., Deputy City Attorney Empeiio, Director of Development Seryices Funk and City Engineer Casey left the closed session. ADJOURN CLOSED SESSION At 9:06 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 15 a.m., Mayor Valles reconyened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. INVOCATION The inyocation was giyen by Father Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Maribel Velasquez, a student from Bradley Elementary School. APPOINTMENTS (2) There were no appointments made at this meeting. 4 51712001 PROCLAMATION - POLICE WEEK - MAY 13-19,2001 - PEACE OFFICERS MEMORIAL DAY - MAY 15, 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the week of May 13-19,2001, as Police Week in the City of San Bernardino and declaring May 15, 2001, as Peace Officers Memorial Day. There was no one present to accept the proclamation; however, later in the day the proclamation was accepted by Police Chief Dean. PROCLAMATION - NATIONAL SALVATION ARMY WEEK - MAY 14-20, 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the week of May 14-20, 2001, as National Salyation Army Week in the City of San Bernardino. The proclamation was accepted by Major Russell Fritz of the Salvation Army. PROCLAMATION - NATIONAL ARSON AWARENESS WEEK - MAY 6-12, 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the week of May 6-12, 2001, as National Arson Awareness Week in the City of San Bernardino. The proclamation was accepted by Fire Marshall Brian Preciado. PROCLAMATION - OLDER AMERICANS MONTH - MAY 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the month of May 2001, as Older Americans Month in the City of San Bernardino. The proclamation was accepted by Oscar Perrier, Senior Recreation Superyisor, who was accompanied by Emily Herron, Senior Volunteer of the Year 2000. PROCLAMATION - LAW ENFORCEMENT MONTH - MAY 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the month of May 2001, as Law Enforcement Month in the City of San Bernardino. The proclamation was accepted by George Schnarre, President of the San Bernardino Area Chamber of Commerce. 5 51712001 PROCLAMATION AMERICAN HUMANE SOCIETY ASSOCIATION - BE KIND TO ANIMALS WEEK - MAY 6-14, 2001 (3) June Durr, Assistant to the Mayor, read a proclamation declaring the week of May 6-14, 2001, as Be Kind to Animals Week in the City of San Bernardino. The proclamation was accepted by Brian Cronin, Executive Director of the local Humane Society, who introduced Therapy Dog Havoc to the Mayor. UNVEILING - 2001 ROUTE 66 RENDEZVOUS T-SHIRT (3) Susan Atkinson, Vice-President of Community Affairs, Stater Bros. markets; and Shelly McNoll, Director of Operations, and JoAnn Webb, Special Eyents Coordinator, San Bernardino Convention and Visitors Bureau, spoke regarding the upcoming Route 66 Rendezvous event, unyeiled this year's T-shirt, and presented a T- shirt to the Mayor and each of the Council members. PRESENTATION LIGHT HOUSE FOR THE BLIND CERTIFICATE OF RECOGNITION - 50TH ANNIVERSARY (3) In recognition of their 50th Anniversary, the Mayor's Office prepared a certificate of recognition for the Light House for the Blind; however, there was no one present to accept the certificate on their behalf. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien extended congratulations to the City's Relay Team, which raised over $5,000 this past weekend in the Relay for Life event held to raise money for cancer research. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada commented on the upcoming Hot Rod Magazine Power Tour eyent taking place in San Bernardino on May 11 and 12; announced that on May 9, Target and Mervyns would be donating products for beautification of the Mill Center located at 503 E. Central Ayenue; and adyised that there would be a Beautification Day at 1000 Sunnyside Ayenue on May 26 from 8 a.m. to 12 noon. She also congratulated the Hispanic Chamber and all those who participated in the Cinco de Mayo celebration this past weekend; and noted that on May 12 at the California Theater the Sinfonia Mexicana would present a Mother's Day concert featuring some of the best mariachi groups around. 6 51712001 ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that the Fourth Ward had a great Beautification/ Cleanup Day at Wildwood Park on Saturday, April 26, at which time they collected fifteen 45-yard bins of trash; and thanked the County Probation Departtnent for offering the services of Youth Justice Center volunteers, whose help was invaluable in making the day a success. Mr. Schnetz also announced that he would not seek re-election in November in order to spend more time with his wife and family. He stated that it has been a pleasure to serye the people in the Fourth Ward and to work with City staff and his colleagues on the Council. He especially thanked Mayor Valles, stating that he would be a fan of the Mayor for the rest of his life. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis stated that he and his two sons had a great time at the auto races this past weekend; announced the opening of the new "House 2 Home" store; expressed his appreciation for the new Preciado Funeral Home, stating it was yery nice and offered many amenities; and expressed his regret that Council Member Schnetz would not be seeking re-election, stating that his knowledge was invaluable. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez reminded everyone that the Renaissance Faire would be held at Glen Helen Park for the next six weekends; and congratulated everyone inyolved in bringing the Hot Rod Power Tour to San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson advised that the Sixth Ward had a successful Beautification Day this past Saturday at California School; commented on an article in the Los Angeles Times which stated that if the eminent area around schools is improyed it would cut down on yiolence and disciplinary problems; and stated that she was going to miss Council Member Schnetz yery much--in fact, she had tried to discourage him from making the announcement that he did not plan to seek re-election. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack stated that she had enjoyed working with Frank Schnetz on the Ways and Means Committee; noted that the slurry seal and grinding process is in full swing in the Seventh Ward; announced that (1) the San Bernardino Communities Against Drugs "Jack and Jill Golf Tournament" fundraiser would be held Saturday, May 12, at 10 a.m., (2) the Junior Uniyersity would be conducting auditions on May 12 at 9 a.m. at the Roosevelt Bowl, (3) a Traffic Safety Committee meeting 7 51712001 would be held on Wednesday, May 9, at 1:45 p.m., (4) on Tuesday, May 15, at 4 p.m., Presiding Judge Roberta McPeters and architect Gary Miller would be discussing the Chamber of Commerce's idea for a new courthouse; and wished an early "Happy Mother's Day" to all the mothers in San Bernardino. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles expressed regret at Mr. Schnetz' announcement that he would not seek re-election; announced a yariety of activities being planned during the Hot Rod Magazine Power Tour to be held May 11 and 12; announced the Mother's Day Concert to be presented by the Sinfonia Mexicana on May 12 at 8 p.m. at the California Theater; and advised that the Code Compliance Diyision had recently gone high-tech and developed a program which would provide citizens a current geographical map of the City and would provide around-the-clock access to a complaint form that is comfortable and easy to use, while educating the community on what really is a violation and what is not. ANNOUNCEMENTS - DEPUTY CITY ATTORNEY BRYANT (4) Deputy City Attorney Bryant adyised that she would be sitting in for City Attorney Penman during today's meeting, as Assemblyman Bill Leonard had requested that City Attorney Penman testify this afternoon before a committee in Sacramento which is considering increasing the number of criminally insane patients at Patton State Hospital by more than 50 percent. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson congratulated the Mayor on an award she receiyed from the Board of Directors of the Neighborhood USA Association, which is presented annually to individuals or businesses for their support of various community efforts. He noted that the Mayor had been nominated by the local Neighborhood Associations for her efforts in working with them. He echoed the comments made regarding Council Member Schnetz' decision not to run for re-election, stating that Mr. Schnetz brought a good business perspective to staff and was a very fair and good person to work with. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common CouncillCommunity Development Commission be waiyed. 8 51712001 COUNCIL MINUTES (6) Council Member Lien made a motion, seconded by Council Member Suarez, and unanimously carried, that the minutes of the following meeting of the Mayor and Common CouncillCommunity Deyelopment Commission of the City of San Bernardino be approved as submitted in typewritten form: February 5, 2001. CLAIMS & PAYROLL (7) Council Member Lien 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 May 2, 2001, from Barbara Pachon, Director of Finance, be approved. RES, 2001-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF LYTLE STREET, STULMAN STREET, PENNSYLVANIA AVENUE AND FLOWER STREET, LOCATED SOUTH OF 4TH STREET, EAST OF RANCHO AVENUE, IN THE CITY OF SAN BERNARDINO. (11) Council Member Lien made a motion, seconded by Council Member Suarez, that Plan No. 10246 depicting the proposed summary vacation of Lytle Street, Stulman Street, Pennsylvania A venue and Flower Street, located south of 4th Street, east of Rancho Avenue, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2001-83 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001.84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PSOMAS FOR PROVIDING PROFESSIONAL ENGINEERING SERVICES FOR PREPARATION OF THE COMPREHENSIVE SANITARY SEWER MASTER PLAN. (14) Council Member Lien made a motion, seconded by Council Member Suarez, that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $75,100 from Unappropriated Sewer fund balance to Account No. 245-365-5504-7203 (update Sewer Master Plan); and that said resolution be adopted. 9 5/712001 The motion carried and Resolution No. 2001-84 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE BUDGET AMENDMENT - APPROPRIATE FUNDS RECEIVED FROM THE CITY'S PROPERTY INSURANCE COMPANY TO PAY FOR WATER DAMAGES AT THE CENTER FOR INDIVIDUALS DEVELOPMENT (C.LD.) - AUTHORIZE PAYMENT TO CONTRACTOR FOR REPAIRS MADE TO C.LD. BUILDING (17) James Sharer, Director of Facilities Management, submitted a staff report dated May 7, 2001, regarding a budget amendment to appropriate funds receiyed from the City's Property Insurance Company to pay for water damages at the Center for Indiyiduals Development (C.LD.) and authorization to pay the contractor for repairs made to the C.LD. building. Council Member Lien 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 Fiscal Year 2000-2001 budget and increase Liability Fund expenditure number 629-453-5502 (Professional Contractual) by $42,500 (rounded) in order to pay for property damage to the C.LD. and correspondingly increase Liability Fund reyenue number 629-000-4924 by $42,500 to reflect the payment received from the City's property insurance carrier for damage to the C.LD.; and that the Mayor and Common Council authorize payment to ACR Seryices in the amount of $52,542.41 for the repair of damages to the C.LD. building. RES, 2001-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF THE PROPERTY INSURANCE FROM MAY I, 2001 THROUGH APRIL 30, 2002 FOR A COST OF $228,320 FOR PROPERTY INSURANCE, EARTHQUAKE INSURANCE AND FLOOD INSURANCE FOR ALL CITY-OWNED BUILDINGS AND VEHICLES. (20) Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-85 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 517/2001 RES, 2001-86 - RESOLUTION AWARDING A PURCHASE AGREEMENT TO TRUGREEN LANDCARE FOR PARK LAWN MOWING SERVICES AT SEVEN (7) PARK LOCATIONS FOR A PERIOD OF FIFTEEN (15) MONTHS IN ACCORDANCE WITH BID SPECIFICATION F-01-58, AL GUHIN PARK, ANNE SHIRRELLS PARK, BLAIR PARK, DELMANN HEIGHTS PARK, HUDSON PARK, LITTLEFIELD SHULTIS PARK, AND SPIECHER PARK. (21) Council Member Lien made a motion, seconded by Council Member Suarez, that said resolution be adopted; and that the Director of Finance be authorized to do a budget amendment transferring $65,000 from Account No. 001-382-5011 (Salaries Permanent/Full Time) to Account No. 001-382-5506 (Landscape Contracts). The motion carried and Resolution No. 2001-86 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-87 - RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $225,000 FROM USDA FOR THE ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR YOUTH. (22) RES. 2001-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $200,000 FROM SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES FOR THE ADMINISTRATION OF THE SENIOR NUTRITION PROGRAM. (23) RES, 2001-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF TWO (2) OLDER MODEL POLICE VEHICLES TO THE INLAND VALLEY DEVELOPMENT AGENCY (I.V.D.A.)/SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (S.B.I.A.A.), FOR THE USE BY THE AIRPORT SECURITY FORCE. (24) Council Member Lien made a motion, seconded by Council Member Suarez, that said resolutions be adopted. 11 51712001 Resolution Nos. 2001-87, 2001-88, and 2001-89 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PERSONNEL ACTIONS (8) Council Member Anderson stated she would like to see the justifications for the yarious positions standardized, to include the duties of the position and the position it supports. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 3, 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. PUBLIC HEARING - VACATE PORTIONS OF GANNETT PARKWAY, NORTHEASTERLY OF HALLMARK PARKWAY - VACATE PORTION OF McARTHUR BOULEVARD, NORTHWESTERLY OF GANNETT PARKWAY (31) James Funk, Director of Development Services, submitted a staff report dated April 17, 2001, regarding the vacation of portions of Gannett Parkway and McArthur Boulevard. Mayor Valles opened the hearing. Mr. Funk provided background information on the proposed vacation. No public comments were received. RES. 2001-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF PORTIONS OF GANNETT PARKWAY NORTHEASTERLY OF HALLMARK PARKWAY AND McARTHUR BOULEVARD, NORTHWESTERLY OF GANNETT PARKWAY AND RESERVING EASEMENTS THEREIN. (31) Council Member Anderson made a motion, seconded by Council Member Suarez, that the hearing be closed; that the Findings of Fact as set forth in the staff report from the Director of Development Seryices as to why portions of Gannett Parkway, northeasterly of Hallmark Parkway, and portions of McArthur Bouleyard, northwesterly of Gannett Parkway, are no longer necessary for public street purposes, be adopted; and that said resolution be adopted. 12 51712001 The motion carried and Resolution No. 2001-90 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC HEARING - VACATE PORTION OF UNIVERSITY PARKWAY, NORTHEASTERLY OF KENDALL DRIVE (32) James Funk, Director of Development Services, submitted a staff report dated April 17, 2001, regarding the vacation of a portion of Uniyersity Parkway, northeasterly of Kendall Drive. Mayor Valles opened the hearing. Mr. Funk reviewed highlights of the staffreport with the Council. No public comments were received. RES, 2001-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF UNIVERSITY PARKWAY NORTHEASTERLY OF KENDALL DRIVE AND RESERVING EASEMENTS THEREIN. (32) Council Member Suarez made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Findings of Fact as set forth in the staff report dated April 17,2001, from James Funk, Director of Development Services, as to why a portion of Uniyersity Parkway northeasterly of Kendall Drive is no longer necessary for public street purposes be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2001-91 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC MEETING - FORMATION OF WATERMAN AVENUE & WASHINGTON STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 1027 (33) James Funk, Director of Development Seryices, submitted a staff report dated April 24, 2001, regarding the formation of the Waterman Ayenue and Washington Street Area Landscape Maintenance Assessment District, to be known as Assessment District 1027. Mayor Valles opened the meeting. 13 51712001 Mr. Funk provided an oyeryiew of the staff report. No public comments were receiyed. Council Member McGinnis stated he would abstain from yoting on this item since he liyes in the neighborhood. Council Member Suarez made a motion, seconded by Council Member Anderson, that the public meeting relatiye to the formation of the Waterman Ayenue and Washington Street Area Landscape Maintenance Assessment District, to be known as Assessment District No. 1027, be closed; and that protests, if any, be carried over to the public hearing on May 21, 2001, at 10 a.m. The motion carried by the following yote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member McGinnis. Absent: None. WAIVE FEES - POLICE OVERTIME COSTS - SAN BERNARDINO CONVENTION & VISITORS BUREAU - HOT ROD MAGAZINE 2001 POWER TOUR - MAY 11 & 12 - $15,576 (9) Council Member Suarez stated he would abstain from voting on this item since he was a member of the Convention and Visitors Bureau Board of Directors. Fred Wilson, City Administrator, submitted a staff report dated April 19, 2001, regarding a waiyer of fees relatiye to police overtime costs associated with the upcoming Hot Rod Magazine 2001 Power Tour, as requested by the Conyention and Visitors Bureau. Council Member McCammack expressed concern that this matter had not been considered by the Ways and Means Committee and that it would impact the Police Department Budget. She stated that it was her desire that the matter be referred to Ways and Means and continued to the next meeting of the Mayor and Common Council. Discussion ensued regarding the procedure followed by indiyiduals requesting a waiyer of fees from the City; the fact that if the matter was referred to the Ways and Means Committee and continued to the next Council meeting, the waiver could not be approyed prior to the eyent and could place a damper on the eyent; the possibility of establishing a special fund for eyents such as this that bring money into the City; etc. Mr. Wilson pointed out that traditionally this type of request would be referred to the Ways and Means Committee; however, it is not mandatory. Also, at this time the funds normally drawn on for waiyer of fees haye been depleted. 14 5/7/2001 Council Member McCammack made a motion, seconded by Council Member Anderson, that the matter be referred to the Ways and Means Committee for further reyiew and brought back to the Mayor and Council meeting of May 21, 200 1. The motion failed by the following vote: Ayes: Council Members Anderson, McCammack. Nays: Council Members Estrada, Lien, McGinnis, Schnetz. Abstentions: Council Member Suarez. Absent: None. Council Member Schnetz made a motion, seconded by Council Member Estrada, that the request by the San Bernardino Conyention and Visitors Bureau to waive Police Department oyertime costs in the amount of $15,576 for Hot Rod Magazine's 2001 Power Tour eyent scheduled for May 11 and 12, 2001, be approved; and that the procedure for waiYing fees be referred to the Ways and Means Committee. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz. Nays: Council Members Anderson, McCammack. Abstentions: Council Member Suarez. Absent: None. SET DATES & TIMES - CITY BUDGET DELIBERATIONS - FISCAL YEAR 2001-2002 (10) City Administrator Wilson submitted a staff report dated May 1, 2001, regarding the establishment of dates and times for the City's budget deliberations for Fiscal Year 2001-2002. Council Member Lien stated that she would like to see the budget workshops follow the same format used in years past; howeyer, she would like to see them held in the Council Chambers so they could be teleyised and yiewed by the residents of the city. Council Member Lien made a motion, seconded by Council Member McCammack, that the following dates and times be established for budget deliberations; and that said deliberations be held in the Council Chambers so they could be teleyised and watched by the people from their homes. Wednesday, June 6 at 2 p.m. Thursday, June 14 at 4 p.m. Thursday, June 21 at 2 p.m. Tuesday, June 26 at 4 p.m. 15 517/2001 City Administrator Wilson pointed out that the meetings could be held in the Economic Development Agency Boardroom, as recommended; howeyer, the meetings could be taped by staff and broadcast at a later date--it just would not be a liye broadcast. Council Member Estrada stated that she would prefer the boardroom setting since the budget process usually involyes slide presentations, Powerpoint presentations, and a great deal of paperwork; howeyer, she liked the idea of taping the meetings and broadcasting them later. Council Member Lien amended her motion, seconded by Council Member McCammack, and unanimously carried, that the following dates and times be established for budget deliberations in the Economic Deyelopment Agency Boardroom; and that said deliberations be taped for later broadcast to the public. Wednesday, June 6 at 2 p.m. Thursday, June 14 at 4 p.m. Thursday, June 21 at 2 p.m. Tuesday, June 26 at 4 p.m. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STANTEC CONSULTING, INC. FOR PROVIDING PROFESSIONAL SERVICES TO DEVELOP A PAVEMENT MANAGEMENT PROGRAM. (Discussed later in the meeting - page 38) (12) Deputy City Attorney Bryant adyised that the agreement had just been finalized and signed off by the City Attorney; however, the Council might want to take time to review the document and postpone taking any action until later in the afternoon. Council Member Estrada inquired how this new Payement Management Program would affect the City's five-year Capital Improvement Program (CIP). City Engineer Casey adyised that long term this new program should have a dramatic impact on the CIP; however, this year the City would continue to eyaluate projects as it has in the past, so there would be no change. In the future, however, staff would be using the consultant's services to eyaluate every single road surface in San Bernardino--there would be a physical eyaluation of each road and an estimation of the cost to bring the road up to an acceptable level. It was the consensus of the Council to delay action on this matter until later in the afternoon. 16 51712001 RES, 2001-92 - 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. (13) Council Member McGirmis made a motion, seconded by Council Member Lien, that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 Development Seryices Department budget and transfer salary savings to contractual services account for temporary clerical services as outlined in the attached staff report; and that said resolution be adopted. The motion carried and Resolution No. 2001-92 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGirmis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE STAFF TO PROCEED WITH STUDY - EVALUATE CLOSURE OF 44TH STREET, WEST OF WATERMAN AVENUE - WAIVE ADMINISTRATIVE FEE - $1,000 (15) James Funk, Director of Deyelopment Services, submitted a staff report dated April 23, 2001, regarding the initiation of a study to eyaluate the closure of 44th Street, west of Waterman Avenue, and a request to waive the administrative fee required to initiate the study. Discussion ensued regarding the scope of the project, the fact that this was merely the first step in the process, and whether the residents should be required to pay the administratiye fee. Council Member Schnetz pointed out that this area is the Fourth Ward's Neighborhood lnitiatiye Program (NIP) neighborhood, and this is a problem that needs to be dealt with. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council authorize the Development Seryices Department to proceed with the study relatiye to the request to close 44th Street, west of Waterman Ayenue; and that the $1,000 administrative fee to initiate this study be waiyed. APPROVE TRANSFER OF ADVERTISEMENT FOR BIDS CROSSING SIGNAL - 4TH STREET, STREETS - APPROVE PLAN NO. 10059 FUNDS AUTHORIZE INSTALL PEDESTRIAN BETWEEN "F" & "E" (16) 17 51712001 James Funk, Director of Deyelopment Services, submitted a staff report dated May 2, 2001, regarding the installation of a pedestrian crossing signal on 4th Street between "F" and "E" Streets, for patrons of the Cinemastar Theater. Council Member McGinnis expressed concern regarding the timing of the signals in the area since they will be so close together. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approye Plan No. 10059 and authorize the City Engineer to advertise for bids for installation of a pedestrian crossing signal on 4th Street, 200 feet west of "E" Street; and that the Mayor and Common Council authorize the Director of Finance to amend the 2000-2001 CIP budget to transfer $70,000 from Account No. 126-369-5504-7053 (Pedestrian Signal - 5th Street from "H" Street to Sierra Way) and $12,000 from Unappropriated Gas Tax fund balance to Account No. 126-369-5504-7186 (Installation of a pedestrian crossing signal on 4th Street, 200 feet west of "E" Street). RES. 2001-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 99-154, RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED BY THE SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS. (18) Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-93 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION NOS. 2001-61 AND 2000- 13. (19A) 18 51712001 RES, 2001-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTIONS 12 AND 14, ENTITLED IN PART, "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . .," BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION (MANAGEMENT & CONFIDENTIAL). (19B) Council Member McCammack asked staff how close they were to understanding the entire financial picture relative to the impact of the salary package for the General Unit employees. City Administrator Wilson advised that staff had started negotiations with the General Unit, but they are still very early in the process; however, staff may be coming to the Council for additional dollars that may be needed, Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 2001-94 and 2001-95 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL PURCHASE ORDER WITH HOME DEPOT FOR ADDITIONAL SUPPLIES FOR THE BOARDUP WORK GIVEN TO PUBLIC SERVICES BY CODE COMPLIANCE. (25) Council Member Estrada asked how it was determined that the additional supplies would be obtained from Home Depot. Lynn Merrill, Director of Public Seryices, adyised that his crews had shopped around and determined that Home Depot would be the most economical. Council Member Estrada suggested that next time a comparison of the various suppliers' prices be shown in the staffreport. Council Member McGinnis made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-96 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19 51712001 RES, 2001-97 - RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO TRINITY DIVERSIFIED, INC. FOR ONE (1) HIGHWAY LINE STRIPING MACHINE FOR THE DEVELOPMENT SERVICES DEPARTMENT. (26) Council Member Anderson noted that the City had not had a striping machine for the past two years and questioned whether the City would now be doubling up on their striping tasks since it had been so long since the streets had been striped. Lynn Merrill, Director of Public Seryices, stated that insofar as the number of Jines that are done each year is concerned, he would haye to defer to the Deyelopment Services Department for this information. Council Member Estrada questioned how long it would be before any actual yisible difference would be seen in the striping. City Administrator Wilson advised that the new machine would not be deliyered for another 120 days, but he assured the Council that he would come back to them with a report relatiye to the striping actiyities that are being planned. Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-97 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PIGGYBACK PURCHASE BETWEEN THE CITY OF SAN BERNARDINO AND ARATA EQUIPMENT COMPANY OF SAN CARLOS, CALIFORNIA FOR FOURTEEN (14) AUTOMATED SIDE LOADING REFUSE TRUCKS AND BODIES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT COMPETITIVE RATE QUOTES FOR THE LEASE-PURCHASE OF THE FOURTEEN TRUCKS. (27) Lynn Merrill, Director of Public Services, advised that these vehicles were part of the yehicle replacement program for the refuse fleet. Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. 20 51712001 Resolution No. 2001-98 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-99 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO AN ANNUAL PURCHASE ORDER TO FOURTH STREET ROCK FOR DISPOSAL OF STREET SWEEPING MATERIALS. (28) Council Member Estrada stated that she wanted to be sure the City had no liability here--she did not want to be paying millions of dollars in the future as a result of dumping contaminated materials. Public Services Director Merrill stated that he did not believe there would be any liability--that the contractor does do some testing of the material. He adyised that relative to this particular item, it was his intent to deal with the disposal of street sweeping materials differently in the upcoming year. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to transfer $30,000 from Fiscal Year 2000-2001 Public Services budget Account No. 527-414-5502, Professional Services, to Account No. 527-414-5179, Dump/Waste Fees. The motion carried and Resolution No. 2001-99 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-100 - RESOLUTION AUTHORIZING EXECUTION OF A PIGGYBACK PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND MCNEILUS TRUCK AND MANUFACTURING COMPANY OF COLTON, CALIFORNIA FOR TWO (2) ROLL-OFF REFUSE TRUCKS AND BODIES; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT COMPETITIVE RATE QUOTES FOR THE LEASE-PURCHASE OF THE TWO (2) ROLL OFF TRUCKS. (29) Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-100 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21 51712001 RES, 2001-101 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT TO AVILA CONSTRUCTION, INC. FOR REPAIR OF SIDEWALKS AT VARIOUS LOCATIONS. (30A) RES, 2001-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO THE EXISTING CONTRACT BETWEEN THE CITY AND WEST COAST ARBORISTS, INC. FOR TREE REMOVALS AND/OR TREE ROOT TRIMMING ASSOCIATED WITH REPAIR OF SIDEWALKS. (30B) Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2001-101 and 2001-102 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.14.010, 5.14.020, 5.14.040 AND 5.14.050 OF CHAPTER 5.14 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT. (Continued from April 16, 2001) First (34) Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be referred to the Legislative Review Committee. CANCEL CONTRACT WITH AVILA CONSTRUCTION - STREET IMPROVEMENTS - ART TOWNSEND DRIVE & OTTO GERICKE DRIVE - SAN BERNARDINO INTERNATIONAL AIRPORT - PLAN NO. 9479 - AUTHORIZE PAYMENT OF APPROXIMATELY $30,300 TO A VILA CONSTRUCTION FOR WORK COMPLETED - AUTHORIZE DIRECT PURCHASE OF THE 12" AND 16" WATER LINE PIPE & FITTINGS CURRENTLY STORED AT THE SITE FOR AN ESTIMATED AMOUNT OF $125,000 SUBJECT TO VERIFICATION OF ACTUAL VENDOR INVOICE & REASONABLE HANDLING COSTS. (Continued from April 16, ~U ~ 22 51712001 James Funk, Director of Development Services, submitted a staff report dated May 2, 2001, regarding cancellation of the contract with Avila Construction for street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. Paul Sanborn, 267 South "D" Street, San Bernardino, CA, stated he was speaking on behalf of Rick Avila, whose family has been in business for a long time. He urged the Council to carefully consider this matter, because if they did terminate Mr. Ayila's contract, or if they postponed the matter today, Mr. Avila would lose eyerything, because Mr. Sanborn's son (who is a subcontractor on the project) had already initiated proceedings to "go after the bond." Therefore, if the contract was terminated or postponed, the countdown would begin tomorrow, his son would get paid in 15 days, and Mr. Avila would have his car, his house, and everything else jerked out from underneath him. He advised that Mr. Avila would never be able to get bonded again, and the City would have literally put him out of business. He stated that, in his opinion, this whole mess goes back to the fact that a utility search was not done, and now a man's life was on the line and he stood to lose eyerything. Mr. Funk reyiewed highlights of the staff report with the Council, stating that it was staffs recommendation to cancel the contract with Avila Construction, He stated that staff believed that eyery reasonable effort had been made to assist A yila Construction in providing the necessary documentation to support his delay claim and to get back to work. Howeyer, the contractor continued to insist on payments of approximately $148,000 in alleged delay costs that were not supported by verification documentation as required by the contract specifications. Ray Casey, City Engineer, submitted a letter dated May 4, 2001, which had been faxed to him from Alex Estrada, Senior Project & Property Manager of the San Bernardino International Airport and Trade Center. In the letter, Mr. Estrada advised that his staff would be recommending to the Inland Valley Development Agency Board of Directors, at their meeting on May 23, 2001, that the Board concur with the (proposed) San Bernardino City Council action to take place on May 7, 2001, to cancel the contract with A vila Construction. Council Member McGinnis inquired whether the City had any plans to draw down on the bonds for completion. Mr. Funk stated he could not speak for the City Attorney; howeyer, his preference would be to wipe the slate clean, pay whateyer is appropriate and documented, and move on with the project. He pointed out, howeyer, that although the City had received an inyoice from A yila Construction, there was no documentation to back up the invoice. 23 51712001 Council Member Schnetz stated it was his understanding that there was a completion bond as part of this project that was tendered by the contractor, and he wondered whether the project would have to be completed, if the completion bond were to be called on. Mr. Funk stated that in conformance with the terms of the contract, yes, it would. Mr. Schnetz stated that it was now his understanding that the City was not going to be doing the project as originally planned--that IVDA now wanted to change some things. Mr. Funk stated that in accordance with the City's contract and specifications under the Greenbook, eyen if the bond company stepped in, the City would haye the same rights as it now has with A vila Construction for making modifications and making payment. Council Member Schnetz confirmed that IVDA could make the changes if the City bought off on those changes, and then the contractor's bond could be called in to finish the project with the changes. Mr. Funk stated that it could--that there are prescribed procedures and regardless of who is doing the project, the procedure would be identical--whether a bonding company came in with a new contractor, or if A yila were going to do it. Mr. Schnetz asked whether the City could condition it so the bond would not be taken as part of the cancellation of this project. Mr. Funk pointed out that in accordance with the contract proYisions, the City has to giye a fiye-day notice to the bonding company for them to be able to assume control and perform the work as the successor to the contractor. Then they would have the right to come in and deal with us; howeyer, he (Mr. Funk) would not be recommending that we pull the bond--that is something the City Attorney's Office should advise the Council on. Deputy City Attorney Empeiio read from Section 6-4, Default by Contractor, in the Greenbook standard specifications, wherein he noted that notifying the Surety is a required notice. Council Member Estrada asked whether the Council had to approve the cancellation today, or could they approye it at some future date, such as May 14 at 5 p.m., thereby allowing Ayila Construction some additional time to come to an agreement with the City. 24 517/2001 Deputy City Attorney Empeiio stated that the cancellation of the contract by the Mayor and Council could become effective at whateyer time and date the Mayor and Council designate, and he did not belieye it would hurt the City in any way. Mayor Valles stated that the City is being placed in a really awkward position, recognizing the work that the A vila Construction Company has performed for the City in the past. She stated that she knew the point Ms. Estrada wanted to make was to giye Ayila one last opportunity to provide staff with the documentation they needed, and she (the Mayor) knew that Mr. Casey and Mr. Funk had really bent over backwards to assist them and had asked them to proyide us with this documentation, and Ms. Estrada was wanting to proyide them with yet another little window. Council Member Estrada pointed out that it was a little more than that, because the Council had just approyed another agreement with A yila Construction, and she didn't know what impact it would have on this other project if the Surety bond were called. Council Member Schnetz noted that staff wants A vila to proyide backup documentation to justify payment by the City of $125,000 (the estimated cost of the pipe and fittings) and approximately $30,000 that staff estimates is due for delay and work performed thus far. Howeyer, he thought that when Ms. Estrada was talking about documentation, that what she was thinking about was documentation that would help with resolution of the conflict--not actually canceling the contract--but resolution of how people can go back to work, or just documentation to finish paying them off. Council Member Estrada stated that her intent would be to proceed in terms of the cancellation; howeyer, Ayila would have until May 14 at 5 p.m. to come in with the documentation. Council Member Schnetz stated that what troubled him is that under the current scenario, if the contract is cancelled and the contractor doesn't bring in the documentation that Ms. Estrada is speaking of, the contractor won't get paid--contract cancelled or not. He stated that staff is saying they want to cancel the contract, and this is what staff thinks the contractor is due, and the contractor must bring in the documentation and we will cut them a check. Howeyer, it troubles him that as part of the cancellation of the contract, under "Default of the Contractor," we have to give notice to the bonding company that the job is not being completed, on a job we are not really sure we now want completed. Therefore, whether everyone is in agreement or not, and whether they bring in their documentation or not, if the intent is to cancel, notification to the bonding company is required. Rob Reynolds, 3525 Del Mar Heights Road #600, San Diego, CA, representing Avila Construction, stated that his understanding of Ms. Estrada's comments was that she wanted to give a week in which maybe eyerything could be resolved; so in fact, 25 51712001 during that one-week period the parties would come together, work it out, and enter into a new agreement--that was his understanding of Ms. Estrada's comments. Council Member Estrada clarified, stating that her idea was to giye Avila another week to try and do that, but if they don't follow through by May 14 at 5 p.m., the contract is cancelled; and then at that point, staff would adyise the bonding company. City Engineer Casey advised that the staff report is recommending cancellation, and the one-week delay that the Council was talking about would be for A yila to submit the documentation so they would be reimbursed fairly for the work that they have done and also for the materials; however, the Council hadn't really dealt with the issue of the cancellation yet. Council Member Estrada asked Mr, Casey if he was saying that in his opinion there is no reason to belieye that this could be settled and a new contract could be agreed upon. Mr. Casey advised that staff had certainly worked very hard to come to that result, but without much success. He stated that there were several options that they pursued along the way--one was directing the contractor to go back to work under disputed work items, if a price could not be negotiated for the additional costs. Of course, the first course of action was to try and negotiate a reasonable price for the additional costs associated with deficiencies and the extra deep water lines; however, regardless of the options suggested, staff was unable to convince the contractor to come back to work. He stated that if the Council gaye them another week, who knows what would happen, but oyer the past seyeral months staff has tried very diligently to get them to come back to work. Council Member Schnetz noted that one of the things he had discussed with Mr. Casey regarding this issue is that normally when you do a change order, because of these types of issues, you haye what the price per quantity will be based upon, and that's one of the reasons when you do a contract you ask what the line item costs are for various items. And one of the things that has been disturbing to staff is that in these quantities for the changes, Avila's figures are abnormally high compared to what the normal original quantities were, and that seems to be the stumbling block of bringing the parties together to resolye this matter. He asked Mr. Casey how far apart, percentage wise, that these line item quantities were, based upon what the original project was bid. 26 51712001 Mr. Casey adyised that several things had happened between the proposal that staff receiyed on March 6, and the original contract proposal. A yila essentially threw out the original contract for eyerything, not only giying the City additional costs for those items deemed to be extra work, but additional costs for all items, ranging from 50-60 percent and higher in some cases. Mayor Valles asked Council Member Estrada if she was going to amend the motion recommended by staff. Council Member Anderson made a motion that the Mayor and Common Council cancel the contract with Ayila Construction for street improvements of Art Townsend Driye and Otto Gericke Driye at the San Bernardino International Airport per Plan No. 9479, under provisions of Section 6-4 "Default by Contractor" of the Standard Specifications; and that the Mayor and Common Council authorize payment of approximately $30,300 to Avila Construction for work completed and authorize direct purchase of the 12" and 16" water line pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to verification of actual yendor inyoice and reasonable handling costs, and authorize staff to accept and process additional claims for valid costs and damages, if any, from A vila Construction. The motion failed for lack of a second. Council Member Schnetz asked if the notice was giyen to the bonding company, and then through some redesign or re-implementation of this project, somehow this bond gets called to finish this project as amended, would that action haye to come back to the Council. Deputy City Attorney Empeiio adyised that if the contract has not been substantially amended, it would not haye to come back to this body. Council Member Estrada made a motion, seconded by Council Member Lien, that staff be directed to engage in nonbinding arbitration with A yila Construction and a mutually agreed upon third party arbitrator in an effort to resolve those issues on which the contractor and the City disagree, with the cost of the arbitrator to be shared equally between Ayila Construction and the City; and that the matter be brought back to the Mayor and Council meeting of May 21, 2001. (Note: The vote was taken following additional discussion.) Rob Reynolds stated that the point he wanted to make is that A yila Construction has been making great efforts to try and get this resolved as well, not only working with the City, but also working with their subcontractor. He noted that Mr. Sanborn had indicated there is a stop notice for $300,000, and that Sanborn's attorneys are confident and prepared to bring that in for a reality check for A vila Construction. He 27 51712001 stated that his only comment is that there has been a lot of effort to try and cancel this contract, and the effort should be made in trying to get the job done. He stated that he thought A vila Construction and Sanborn Pipeline are competent enough to get the job done--that obviously the scope of the project has changed and the price needs to be evaluated--but the emphasis has not been on the City Council saying "Let's get the job done--bring us a proposal on getting this job completed." He stated that their position is, if the City wants to cancel the contract, it is entitled to do that, but unfortunately, they (Avila) do not control the consequences. Mayor Valles stated she wanted to clarify a point that Mr. Reynolds just made, stating that this Mayor and this Council are interested in getting the job done, and they certainly expect full cooperation from A vila Construction, and that is the point that Council Member Estrada was trying to make. She stated she begged to differ with Mr. Reynolds--that the City does want the job done, but they want the job done right, and they want the job done with the proper documentation--that is absolutely necessary. Mr. Reynolds stated that he understood that, but a proposal had been presented to the City stating the cost of the job, and the City is now saying that certain line items are too high. He stated that the scope of the work changed extensively, and they haye no control oyer their subcontractor. The motion carried by the following yote: Lien, McGinnis, Schnetz, Suarez, McCammack. Absent: None. Ayes: Council Members Estrada, Nays: Council Member Anderson. RECESS MEETING At 11:46 a.m., Mayor Valles declared a fiye-minute recess. RECONVENE MEETING At 11:55 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. PRESENTATION BY POLICE DEPARTMENT - STATUS OF PAROLEE MANAGEMENT PROGRAM - LIEUTENANT JEFFREY BREITEN (39) 28 51712001 Police Chief Dean made introductory comments, stating that probably the single most important thing to happen over the past six years in terms of the Police Department's operational field efforts is the Parolee Management Program--a collaborative effort that has taken a lot of hard work for everyone inyolYed. Lieutenant Jeffrey Breiten made a slide presentation of the Parolee Management Program. He adyised that in August 1999 the Mayor's Office, City Attorney's Office, Police Department, State Department of Corrections, and State legislators met to develop a model program to control the city's parole population. Subsequently, in January 2001, the Distressed Neighborhood Grant (DNG) Team began a collaborative effort with State Parole to monitor, track, and create an automated database in the DNG Target Area. He adyised that one of the main focus points of the program was the parolee population, which fluctuates daily. When the program first started there were 335 parolees in the target area; as of May 1, 2001, the parolee population had been reduced to 292 active parolees in the target area. Lieutenant Breiten adyised that the City of San Bernardino is currently a closed city for any transfers, so we are not receiving any out of County transfers at this time. Also, unless a paroled individual had a San Bernardino address when they were sentenced, they cannot be sent back to San Bernardino. He noted that a major component of the program is the two-hour Orientation/Outreach Seminar giyen to all parolees released to the city of San Bernardino. He stated that the first part of the orientation is to giye the parolees information on yarious outreach programs such as how to get your GED, how to enroll in adult school, resources relatiye to substance abuse, etc. At the end of the orientation, the parolee coordinators meet face-to-face, one-on-one with each parolee and verify the information that has been proyided by the State Department of Corrections to ensure that the parolee should be paroled back to San Bernardino. Lieutenant Breiten pointed out that effective the first part of June 2001, the State Department of Corrections has agreed to place parole agents in each of the five Area Commands to work alongside the Police Department parolee coordinators. Council Member McCammack commended Chief Dean and Lieutenant Breiten on this yery innovative program, stating that she had the opportunity to witness the Police Department Parolee Orientation, where the parolee coordinators actually face these people eye to eye, introduces themselyes, and double check at that time all the yital statistics of these individuals. 29 51712001 Council Member Lien expressed concern that the program was being extended to all five areas of the City, with 20 percent of the program personnel assigned to each area, in light of the fact that one-third of the parolee population is in the one concentrated DNG area. She stated she was worried about that large area having just one parolee coordinator, one Bureau of Corrections person, and one POP coordinator. Lieutenant Breiten stated that eyen though each of the Parolee Coordinators is going to be assigned to a specific Area Command, they are still going to be working jointly as a five-member team along with the fiye parole agents, so they are going to address problems citywide, and it should be viewed as ten law enforcement indiyiduals addressing problems citywide. Mayor Valles thanked Chief Dean and Lieutenant Breiten for the update on the Parolee Management Program. COUNCIL MEMBER ESTRADA EXCUSED At 12:17 p.m., Council Member Estrada left the Council meeting. RES, 2001-103 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING THE EXPANSION OF THE INMATE POPULATION AND THE DEACTIVATION OF PERIMETER SECURITY POSTS AT PATTON STATE HOSPITAL. (37) Deputy City Attorney Bryant stated that the City Attorney's Office would like to echo the concerns addressed in this resolution. Council Member Schnetz thanked Lori Sassoon, Assistant to the City Administrator, for her help in putting together this resolution. He stated he was very concerned about the situation at Patton, noting that the institution began as a mental hospital at the turn of the century and was basically turned into a prison approximately 20 years ago. He stated he was adamantly opposed to this facility, adamantly opposed to an increase in the number of inmates, and adamantly opposed to elimination of the perimeter guards. Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-103 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Estrada. 30 5/7/2001 RECESS MEETING At 12:23 p.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:05 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Economic Deyelopment Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Executive Director Van Osdel. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITYISAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:05 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing AuthoritylSan Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. PUBLIC HEARING - 200112002 ANNUAL CONSOLIDATED PLAN- COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY SHELTER GRANT (ESG) , & HOME FEDERAL PROGRAMS (Continued from April 16, 2001) (R41) The hearing remained open. Deputy City Clerk Medina administered an oath to Trey Green, Rick Jagger, and Reverend Dennis Brown that they would proYide honest testimony. Economic Deyelopment Agency Executiye Director Van Osdel adyised that this item had been continued from the last meeting so clarification of the demolition details could be obtained and other resources could be identified so there would be more money to accomplish the demolitions. 31 51712001 Maggie Pacheco, Director of Housing and Community Deyelopment, stated that she had discussed with City Administrator Wilson and Code Compliance Director Baude the probability of identifying other resources. She stated that she had distributed a summary to the Council disclosing how staff intended to augment the CDBG funds-- that essentially they were proposing a decrease to Code Enforcement of $85,000, leaving a balance of $1,415,000; and transferring the $85,000 to the CDBG demolition line item, increasing it to $201,350. She advised that in addition to the $201,350 in CDBG funds, Mr. Wilson and Mr. Baude had identified $110,000 from the City's General Fund which could be used to augment the CDBG funds for a total demolition fund available for 2001/2002 of $311,350. Ms. Pacheco stated that should there be remaining funds in Code Compliance Administration, staff would come back to the Council with the exact dollar amount and recommend transferring those funds to demolition. In addition to that, at the end of June 30, all of the CDBG accounts will be examined and any remaining funds will be returned as well. She stated that she anticipated that the $110,000 would be handled during the City's budget deliberations and would appear in the budget as a line item for demolition. Discussion ensued regarding the demolition process, the subsequent liens placed against the properties, and the ultimate recovery of some of these funds. The Council also discussed the evaluation process used by Code Compliance to determine which properties should be demolished and which properties should be rehabbed. COUNCIL MEMBER SUAREZ EXCUSED At 2:20 p.m., Council Member Suarez declared a conflict of interest and left the Council meeting, stating that he would abstain from voting on this matter since he was on the Board of one of the agencies that is being considered for funding. Code Compliance Director Baude adyised that the evaluation process takes into consideration the condition of the property, the zoning of the property and whether it has lost its nonconforming use, and the cooperation or lack of cooperation from the property owner. He stated that staff sees the demolition program as cumulatiye, they do not think they are going to be proYided with enough money in one single year to tear down every property that may need to be torn down, but through the years they are taking the worst of the worst from the City's housing stock. Ms. Pacheco noted that over the last couple of years there haye been a number of dwellings and buildings that have had to be demolished and, in her opinion, the need is always going to exceed the amount of resources that we haye, so it is incumbent upon staff during the next fiscal year to really look at our resources and our priorities to 32 517/2001 determine how we are going to utilize the limited funding that we haye. She stated that she was biased and she belieyed that CDBG funds are sacred and they should be utilized for these kinds of things; therefore, she was going to work with Mr. Baude and Mr. Wilson next year to change the approach in terms of demolition; that perhaps staff would be successful in getting the funds recycled and there would be another pot of resources coming into CDBG. However, staff needs to work on this proactiyely as to how they are going to make this happen. Reverend Dennis Brown, President and Program Administrator for Impact Ministries and Crusades, stated that his organization had submitted a request for $18,500 to help enhance their prevention education work with many of the local schools. He stated that their request had been denied, he was informed that the denial was based on the way they gave their presentation, and he was here today to ask that the Council reconsider their request. Discussion ensued regarding the allocation process and the number of agencies applying for the limited funds. Mr. Brown was offered technical assistance relatiye to improving his application for the next funding year. The Council noted that if there was any money left over, he might be able to receive some funds during the reappropriation process; and he was also encouraged to work closely with his Council member. Wally Green, Assistant to the Mayor, was asked to follow up with Reyerend Brown on this matter. Trey Green, Founder and Chairman, Shopping for Seniors, and Rick Jagger, Stater Bros. markets, thanked the advisory committee for funding them and thanked the Mayor and Council for their support. They stated that they began their partnership in June 1998, it is the only seryice of its kind in the area, and they haye over 1500 individuals on a waiting list for their services. RES, 2001-104 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AND APPROVING THE (1) REALLOCATION OF 2000-2001 CDBG FUNDS IN THE AMOUNT OF $110,000 (ATTACHMENT I [D) AND ESG FUNDS IN THE AMOUNT OF $15,000; (2) 2001-2002 ANNUAL CONSOLIDATED PLAN ("PLAN") WHICH INCLUDES FUNDING ACTIVITIES FOR CDBG, HOME, ESG, IN THE TOTAL AMOUNT OF $6,122,000; (3) MAYOR, OR HER DESIGNEE, TO EXECUTE AND SUBMIT TO U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) ALL REQUIRED DOCUMENTS AND TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE CITY'S 2001-2002 PLAN, INCLUDING EXECUTION OF CDBG AGREEMENTS WITH RESPECTIVE SERVICE PROVIDERS. (R41) 33 517/2001 Council Member Lien made a motion, seconded by Council Member McGinnis, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2001-104 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, McCammack. Nays: None. Abstentions: Council Member Suarez. Absent: None. COUNCIL MEMBER SUAREZ RETURNED At 2:42 p.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. PUBLIC HEARING - SALE OF CERTAIN REAL PROPERTY TO THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (R42) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated April 24, 2001, regarding the sale of certain Agency property to the San Bernardino City Unified School District. Ms. Pacheo reviewed the staff report with the Council. She pointed out that the school district was proposing to buy the real property at fair market value. She noted that the 734 Berkeley property would be a 100 percent pass-through to the District, with no additional costs to the Agency. RES, CDC/2001-19 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE SALE OF CERTAIN REAL PROPERTY WITHIN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA TO THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS AS APPROVED BY AGENCY SPECIAL COUNSEL. (R42A) RES, 2001-105 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY WITHIN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT. (R42B) Council Member Suarez made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolutions be adopted. 34 51712001 The motion carried and Resolution Nos. CDC/200l-l9 and 2001-105 were adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. TEFRA PUBLIC HEARING - AUTHORIZE HOUSING AUTHORITY OF COUNTY OF SAN BERNARDINO TO ISSUE BONDS - BEHALF OF PACIFIC PALMS MOBILE HOME PARK CORPORATION & GLEN AIRE MOBILE HOME PARK CORPORATION - REFINANCE CERTAIN BONDS ISSUED FOR PURCHASE OF CERTAIN MOBILE HOME PARKS (R43) Gary Van Osdel, Agency Executive Director, stated that the two corporations are subsidiaries to the San Bernardino Mobile Home Park Corporation, and since he is the City's representative on that corporation, he would ask Agency Counsel to present the TEFRA hearing. Special Counsel Sabo explained that this item was the next in the series of two additional mobile home park financings. The first two were brought before the Commission in early January of this year and those bonds closed by the end of February. He advised that the Housing Authority took action last Tuesday to approve the bond issuance, subject to the City TEFRA hearing, so there can be no final issue unless the City does approve this TEFRA hearing item. The amounts anticipated to be financed are not to exceed $4,425,000 for Pacific Palms and $4,250,000 for Glen Aire. There is an application process that must be gone through with the FHA insurance people in Los Angeles once the application and the appraisal information comes back. Then there is a commitment to issue the insurance and then the bonds can be issued. It is anticipated that the bonds would be issued sometime in mid-June of this year. RES, 2001-106 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE BY THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO OF ITS MULTIFAMILY REVENUE BONDS FOR THE PACIFIC PALMS TRAILER PARK PROJECT AND THE GLEN AIRE MOBILE HOME PARK PROJECT. (R43) Council Member Anderson made a motion, seconded by Council Member McGinnis, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2001-106 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 35 51712001 RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1, 36, 40 and 41) (1) At 2:50 p.m., the Mayor and Common Council and Community Deyelopment Commission recessed to closed session pursuant to the Government Code Section(s) listed as Agenda Item Nos. IA through IG on pages 1-3 of these minutes, including the additional case announced by City Attorney Penman. Gary Van Osdel, Agency Executive Director, announced that the following additional case would be discussed in closed session: Property Address: Southeast corner of 5th & "E" Streets Negotiating Parties: Greg Nyland on behalf of the Department of General Seryices and Gary Van Osdel on behalf of the Economic Development Agency Under Negotiation: Purchase Terms & Conditions CLOSED SESSION At 2:50 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Schnetz. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Easland, and Administratiye Operations SuperYisor Anderson, City Attorney's Office; Economic Deyelopment Agency Executive Director Van Osdel, Special Counsel Sabo, and Director of Housing and Community Development Pacheco. SPECIAL COUNSEL SABO EXCUSED At 3: 14 p.m., Special Counsel Sabo left the closed session. ADJOURN CLOSED SESSION At 3:25 p.m., the closed session adjourned to the Council Chambers of City Hall. 36 51712001 RECONVENE MEETING At 3:25 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Deyelopment Commission. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Deyelopment Agency Executiye Director Van Osdel. Absent: None. SET WORKSHOP - BUDGET DELIBERA nONS - FISCAL YEAR 2001/2002 - ECONOMIC DEVELOPMENT AGENCY (R44) Gary Van Osdel, Agency Executiye Director, submitted a staff report dated April 26, 2001, requesting that the Community Deyelopment Commission set a workshop in May 2001 to consider the Agency's budget for Fiscal Year 2001/2002. Mr. Van Osdel requested that the Mayor and Council indicate which budget meeting in June they would like the Agency to meet with them; and Mayor Valles adyised that this information would be provided. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Deyelopment Commission set a workshop in the Agency's Boardroom to review and adopt the Agency's Fiscal Year 2001/2002 budget. AMEND - STATE OFFICE BUILDING AGREEMENTS - PHASE 11- DEPARTMENT OF GENERAL SERVICES (R45) Gary Van Osdel, Agency Executiye Director, submitted a staff report dated May 7, 2001, regarding amendments to the State Oftice Building Agreements--Phase II. Mr. Van Osdel provided an oyeryiew of pa~t actions taken on this matter and highlights of the staff report. He advised that staff is confident that the State will follow through with construction of the second tower, despite the fact that the agreement does not mandate that they do so. He noted that one positive thing that has come out of this is that the State has agreed that the existing landscaping is yery bad and needs to be replaced. Special Counsel Sabo noted that the State has always wanted one document that covered everything, and this letter would accomplish that. 37 51712001 Council Member Schnetz adyised that he would abstain from voting on this matter because he has been working to obtain tenants for the 303 West Third Street building. Council Member Suarez made a motion, seconded by Council Member Anderson, that the Community Development Commission approyelratify execution of the proposed Letter Agreement by the Chairperson on behalf of the Agency to amend the 1996 Construction Management Agreement between the Department of General Services and the Agency to delete the requirement for the construction of the Phase II State Office Building. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member Schnetz. Absent: None. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL AND SPECIAL COUNSEL SABO EXCUSED At 3:34 p.m., Economic Deyelopment Agency Executive Director Van Osdel and Special Counsel Sabo left the Council meeting. CITY ADMINISTRATOR WILSON RETURNED At 3:34 p.m., City Administrator Wilson returned to the Council meeting. RES, 2001-107 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STANTEC CONSULTING, INC. FOR PROVIDING PROFESSIONAL SERVICES TO DEVELOP A PAVEMENT MANAGEMENT PROGRAM. (Discussed earlier in the meeting - page 16) (12) Council Member Schnetz made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 2001-107 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. REPORT FROM WAYS AND MEANS COMMITTEE - PURCHASE ORDER INCREASES - PUBLIC SERVICES ITEM NOS. 18-23 - APPROVED AT MARCH 19,2001 COUNCIL MEETING (Continued from April 16, 2001) (36) (Note: No backup material was submitted and, therefore, will not be ayailable for reyiew.) 38 51712001 Council Member McCammack made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be tabled. UPDATE - LEAGUE OF CALIFORNIA CITIES - LEGISLATIVE TASK FORCE - COUNCIL MEMBER LIEN (38) Council Member Lien submitted a staff report dated May 1, 2001, regarding the League of California Cities Legislatiye Task Force. Ms. Lien also submitted a one-page report titled, Legislative Task Force Update, April 2001, and reviewed the details of the report with the Council. She advised that she was distributing information on the Two-County Corridor Study to the Council members. FINAL REPORT BY CITY ATTORNEY - THE PEOPLE OF THE STATE OF CALIFORNIA; STATE OF CALIFORNIA; AND CAUFORNIA DEPARTMENT OF FISH AND GAME V. WARNER W. HODGDON; RANCHO SAN ANDREAS COMPANY, INC., A CALIFORNIA CORPORATION; AND DOES I THROUGH XXX - CASE NO. SCV 01030. (40) (Note: No backup material was submitted and, therefore, will not be ayailable for reyiew.) Deputy City Attorney Bryant requested that this matter be continued for two weeks. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 21,2001. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (3% @ 55 BENEFIT) AND REPEALING ORDINANCE NO. MC-1096. (SAFETY EMPLOYEES) First (SI) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that said ordinance be laid over for final adoption. 39 51712001 PUBLIC COMMENTS (46) John Stevens, 4097 Pershing, San Bernardino, CA, spoke regarding the energy crisis, stating that we need to look at infinite resources instead of finite resources--look at things like the sun yersus things like oil. He also thanked the City for the cleanup day at Wildwood Park. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the water contamination at the former Norton Air Force Base, stating that no water samples tested at the former NAFB have met EPA guidelines since 1990. Jeff DeFillips, 1538 N. Waterman Avenue, San Bernardino, CA, stated he would like to see more paper recycled so the quality of the enyironment would be improved in the city. He would also like to see more sidewalks and ramps fixed. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1, 36 & 41) (1) At 3:50 p.m., the Mayor and Common Council and Community Deyelopment Commission recessed to closed session pursuant to the Goyernment Code Section(s) listed as Agenda Item Nos. IA through 1 G on pages 1-3 of these minutes, including the additional cases announced by City Attorney Penman and Agency Executiye Director Van Osdel. CLOSED SESSION At 3:50 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Easland, and Administratiye Operations Supervisor Anderson, City Attorney's Office. 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 Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 40 51712001 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; Deputy City Attorney Bryant, Economic Deyelopment Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Deyelopment Agency Executiye Director Van Osdel. Absent: Council Member Schnetz. CLOSED SESSION ANNOUNCEMENT meeting - pages 1, 36, and 40) (Discussed earlier in the (1) Deputy City Clerk Medina announced that during closed session the Mayor and Council had taken action to amend the Code Compliance Director's employment contract to be consistent with the action taken on Agenda Item No. 19. ADJOURNMENT (47) At 4:05 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, May 21, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Rachel G. Clark City Clerk ByL CJ~ Linda E. Hartzel Deputy City Clerk No. of Items: 48 No. of Hours: 6.25 41 5/7/2001