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HomeMy WebLinkAbout05-21-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 21,2001 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 8:14 a.m., Monday, May 21,2001, 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, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 35) (1) At 8:14 a.m., the Mayor and Common Council and the Community Deyelopment 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): Hil!hland Hills Homeowners Association Y. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Soliman Y. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; Alvarez & Associates. et al. Y. Citv of San Bernardino, et al. - Riyerside Superior Court Case No. RIC 346536; Citv of San Bernardino Y. Knight Transportation, Inc. - San Bernardino Superior Court Case No. SCVSS 69834. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdiyision (b) (I), (2), (3) (A-F) of Goyernment Code Section 54956.9. Ayila Construction Y. City of San Bernardino I 512112001 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdiyision (c) of Goyernmem Code Section 54956.9. City of San Bernardino. Redeyelopment Al!ency of the City of San Bernardino, Economic Development Agencv Y. Jaime Alyarez. Marisela Alyarez Labistida, Eunice Alyarez. Elena Alyarez Labistida, Gina Alyarez Bosch, Adrienne Christine Holes, Hector Labistida. Jason Omar Bosch. Does 1-5:. Citv of San Bernardino v. Omnitrans D. Closed Session - personnel - pursuant to Goyernment Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public seryices or public facilities - pursuant to Goyernment Code Section 54957. F. Conference with labor negotiator - pursuant to Goyernment Code Section 54957.6. Nel!otiator: Ed Raya, Human Resources Director Employee Organization: San Bernardino Public Employees Association - General Unit G. Conference with real property negotiator - pursuant to Goyernment Code Section 54956.8. 1. Prooerty Address: APN 141-262-03 & 15; 141-281-01 N egotiatinl! Parties: Dayid H. Clark, Clark Management & Deyelopment, LLC; and Gary Van Osdel on behalf of the Economic Deyelopment Agency Under Nel!otiations: Purchase Terms & Conditions 2. Propertv Addresses: Parcel No. 0281-081-01 0281-081-02 0281-081-03 0281-081-04 Vestinl! Cecilia Moreno Robert C. Newman II & Mary A. Newman Robert C. Newman II & Mary A. Newman Janice S. Casey (Item Continued on Next Page) 2 512112001 2. Property Addresses - Continued Parcel No. 0281-081-05 0281-082-17 0281-082-16 0281-082-15 0281-082-14 0281-082-13 0281-082-12 0281-082-11 0281-082-10 0281-082-09 0281-082-08 0281-082-07 0281-082-06 0281-082-05 0281-082-41 0281-082-40 0281-082-39 0281-082-38 0281-082-37 0281-082-36 0281-082-35 0281-082-34 0281-082-33 0281-082-32 0281-082- 31 0281-082- 30 0281-082-29 0281-082-28 0281-082-27 0281-082-26 0281-082-55 0281-083-18 0281-083-20 0281-083-17 0281-083-16 0281-083-15 0281-083-14 0281-083-13 0281-083-12 0281-083-11 V estin~ Gina Ramirez Enrique Villapando & Mary Villapando Chia-Ping Hwang & Mei Fan Hwang Juan P. Trujillo & Consuelo Y. Trujillo Elisa L. Gurrola & Eyangelina L. Montez ChaIres L. Brown Alta J. Moffitt Angelina Rodriguez Coeur Anthony Grgec & Gloria E Grgec Anthony Grgec & Gloria E. Grgec Jose T. Castaneda & Brenda Castaneda Ronnie E. Searcy & Susan Ann Searcy Cruz A yila & Leonor A yila Gerry C. Politano & Lea G. Politano Choon Sik Lim & Inogi Lim Choon Sik Lim & Inogi Lim George R. Hallock & Janet Knickerbocker Henry W. Shelton & Betty J. Shelton Pedrito B. Tongpo & Perida Tongpo Pedrito B. Tongpo & Perida Tongpo Roberto Betancourt & Rita Betancourt Juan P. Trujillo & Consuelo Y. Trujillo Dayid V. Kon & Phoebe L. Kon Dayid V. Kon & Phoebe L. Kon Ronald Norris & Phillis Norris Isable Serrano, Trustee Neil C. Hansen, Jr. & Sandra K. Hansen Kreten Jakohsen & Rebecca G. Jakobsen Kreten Jakobsen & Rebecca G. Jakobsen West End Inyestments Henry W. Shelton & Betty J. Shelton Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Jaks, L.L.C, A CA Limited Liability Co. Fern 1. Kopitzke, Trustee Victor M. Castillo (Item Continued on Next Page) 3 5/21/2001 2. Property Addresses - Continued Parcel No. 0281-083-10 0281-083-09 0281-083-08 0281-083-07 0281-083-06 0281-083-05 0281-083-04 0281-083-03 0281-083-02 0281-083-01 0281-091-39 Nel!otiatinl! Parties: Under Negotiations: Vestinl! Henry W. Shelton & Betty J. Shelton J. C. Hancock & Lorean Hancock Harold P. Luke & Chintana V. Luke Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.C , A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Alfred Anthony Simental Jaks, L.L.c., A CA Limited Liability Co. Gary Van Osdel on behalf of the Economic Development Agency Purchase Terms & Conditions CLOSED SESSION At 8:14 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, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Barnes and Bryant, Administrative Operations Superyisor Anderson, City Attorney's Office. DEPUTY CITY ATTORNEY EMPENO, DIRECTOR OF DEVELOPMENT SERVICES FUNK, & CITY ENGINEER CASEY ARRIVED At 8:26 a.m., Deputy City Attorney Empeiio, Director of Deyelopment Services Funk, and City Engineer Casey arriyed at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS, DEPUTY CITY ATTORNEY EMPENO, DIRECTOR OF DEVELOPMENT SERVICES FUNK, & CITY ENGINEER CASEY EXCUSED At 8:34 a.m., Senior Assistant City Attorney Simmons, Deputy City Attorney Empefio, Director of Deyelopment Seryices Funk, and City Engineer Casey left the closed session. DIRECTOR OF HUMAN RESOURCES RAYA ARRIVED At 8: 35 a.m., Director of Human Resources Raya arrived at the closed session. 4 5121/2001 CITY ATTORNEY PENMAN EXCUSED At 8:56 a.m., City Attorney Pemnan left the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland 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/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing AuthoritylSan Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Deyelopment Commission were in closed session. ADJOURN CLOSED SESSION At 9:05 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 10 a.m., Mayor Valles reconyened the joint regular meeting of the Mayor and Common Council and Community Deyelopment Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Barnes, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The inyocation was given by Pastor Jeffrey Moorehead of Grace Chapel. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Veronica Ceryantes and Carmen Patricia Tristan, graduating students from Anderson Elementary School. APPOINTMENTS There were no appointments. (2) PRESENTATION SAN BERNARDINO RETIRED VOLUNTEER PROGRAM (RSVP) - 26'h ANNIVERSARY SENIOR & (3) Teri Rubi, Executiye Assistant to the Mayor, extended congratulations to the City of San Bernardino's Retired Senior and Volunteer Program on their 26'h anniyersary. PRESENTATION - CERTIFICATES OF RECOGNITION TO NANCY CLA TFELTER (CLANCY) & TERESA DOBBS - RETIRED SENIOR & VOLUNTEER PROGRAM (RSVP) (3) Mayor Valles presented certificates of recognition to Nancy Clatfelter (Clancy) and Teresa Dobbs for their service to the Retired Senior and Volunteer Program. 5 512112001 PRESENTATION - CERTIFICATE OF RECOGNITION TO NEWMARK ELEMENTARY SCHOOL - "READ AROUND THE WORLD WITH RSVP" (3) Mayor Valles presented a certificate of recognition to Newmark Elementary School for their inyolyement in the "Read Around the World with RSVP." Sue Brown, School Principal, accepted the award on behalf of Newmark Elementary School. FIRST QUARTER 2001 CUSTOMER SERVICE AWARDS (3) Awards were presented to Code Compliance Officers Sheila Chapman, Deby Conrad, and Jodi Mansfield in recognition of their efforts in proyiding assistance to the citizens of San Bernardino. SERVICE PIN AWARDS Name Charles Carter Helen Dillard Daniel Dickerson Paul Drasil Mark Andres Dena Murillo-Peters Betty Deal Michael Gomez Jim Gondos Ernesto Antillon Edward Golubic Eudora Otterbein Feliberto Rodriguez Sherry Stewart-Wessel Douglas Robertson Thomas Litras Department Code Compliance Finance Fire Fire Human Resources Human Resources Parks, Recreation & Community Seryices Parks, Recreation & Community Seryices Parks, Recreation & Community Seryices Police Police Police Police Police Public Seryices SBETA ANNOUNCEMENTS - LARRY QUIEL (3) Years of Seryice 5 25 25 15 5 10 15 5 5 10 15 5 10 20 5 25 (4) Larry Quiel, Vice President of Business Support for the San Bernardino Area Chamber of Commerce, announced seyeral upcoming eyents taking place during the month of May. ------------..-----.----.--...--''''''.---------.-------.. 6 5121/2001 RENAME - PERRIS HILL SENIOR CENTER DINING ROOM - JACK & FAY RODGERS DINING ROOM -IN HONOR OF JACK & FAY RODGERS (20) Annie Ramos, Director of Parks, Recreation & Community Seryices, submitted a staff report dated April 26, 2001, regarding the request to rename the Perris Hill Senior Center Dining Room, the Jack and Fay Rodgers Dining Room, in honor of Jack and Fay Rodgers. Council Member Lien made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Perris Hill Senior Center Dining Room be officially named the Jack and Fay Rodgers Dining Room. PRESENTATION - THE COURT VISION - RENDERINGS & CONCEPT PRESENTATIONS BY ARCHITECT GARY MILLER - UPDATE ON THE NEED FOR EXPANSION BY JUDGE ROBERTA McPETERS (82) Note: Backup material was not proyided, and therefore will not be ayailable for future reference. Judge McPeters stated that it was her intention to seek the City's commitment to lead an effort to secure a safe, modern facility and work toward achieYing this for the residents of both the City and County of San Bernardino. She noted that the court facility currently has sufficient court business for 90 judges, but since there are only 63 judges at the present time, additional space is needed to accommodate 27 new judges in order to proyide adequate seryice. Judge McPeters stated that much of this space is needed in the San Bernardino Courthouse, which is outgrown, outdated, oyerused and seismically challenged. She noted that it is her belief that strong, safe judicial buildings strengthen the County socially and economically, benefit each and eyery city in the County, and that collaboratiye efforts demonstrate solidarity as a community and proyide a secure enyironment for inyestment. Judge McPeters indicated that the County is in a state of limbo not knowing what the State of California is going to do with respect to the courthouses, and suggested the need for a county-wide master planned approach of working together to establish ayenues for future funding. Gary Miller pointed out that this is a collaboratiye effort among many community organizations including the San Bernardino Area Chamber of Commerce, the Downtown Business Association, the Neighborhood Cluster AssocIation, the Bar Association, the Inland Action Council, and many others. Mr. Miller stated that historically, ciyic buildings engender prosperity, foster growth of many kinds, establish a foundation for inyestment, promote civic pride and a sense of belonging in the community, establish a positiye identity for our community, and symbolize commitment. He cited seyeral buildings in the area that haye the potential for becoming part of the vision for a government/business friendly mall. Lynda Sayage, a member of the committee, indicated that she appreciated the ideas that haye been brought forward, and requested that the community work toward accomplishing this yision. 7 5/2112001 Council Member Estrada stated that at the last meeting it was agreed to conyene a meeting between the different redeyelopment executiye directors of nearby cities to begin to explore possible funding resources. Council Member Schnetz stated that there has been no correspondence from the City to the County that the Caltrans site will be the City's contribution to the new courthouse facility. Mayor Valles stated that there haye been discussions, but it had not yet been put into writing. Council Member Anderson stated that this project should be put on the fast track to insure that the City of San Bernardino remains the County seat. Mayor Valles agreed, stating that the City must moye aggressiyely to secure federal funding. No action was taken on this item. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that she was contacted by the Neighborhood Cluster Associations who will be sponsoring a "Neighborhood Pride Day" on Saturday, June 23, in order to clean up all the streets west of Waterman Ayenue, between Highland Avenue and Fifth Street. Ms. Lien stated that food will be proyided and prizes will be giyen for participation. Council Member Lien informed the public that it is now possible to file Code Enforcement yiolations on-line, and stated that it is fast and easy. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis encouraged the public to attend the National Orange Show on May 24 through 28; announced the grand opening of Gus Jr. on May 24; and announced the grand opening of House 2 Home. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that now that the utility rates haye been established by the PUC for electricity, the Ways and Means Committee has the data necessary to perform the mathematical computations to come up with a fair formula to offer relief to both residential property owners and business owners. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez announced that the Soap Box Derby would be held on May 26 and 27; indicated that a car show would be held on May 27; reminded the citizens of a Cleanup 8 5/21/2001 Day on June 2 at the Western Regional Little League; and announced that Dr. Delgado would be the guest speaker at Kendall Hills Elementary School on June 7, at 7 p.m. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she attended the ground-breaking ceremony at Mt. Zion Missionary Baptist Church featuring guest speaker E.V. Hill; and welcomed the guests who attended the American Legion Post eyent on Highland Avenue. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack congratulated the California Theater and Theatrical Arts International for putting on the wonderful performance of John Steinbeck's play, "Of Mice and Men"; announced that the Northend Neighborhood Association (NENA) would be holding a town hall meeting at the Mormon Church on Waterman Ayenue on Thursday, May 31, at 7 p.m.; and announced that she would not be running for Mayor in the upcoming Noyember election because of her desire to finish her term, and thanked all the citizens who offered support and encouragement. COUNCIL MEMBER McGINNIS EXCUSED At 10:11 a.m., Council Member McGinnis indicated that he would be abstaining on Agenda Item No. 25, stating that he liyed in the subject neighborhood, and left the Council meeting. PUBLIC HEARING - RESOLUTION CREATING ASSESSMENT DISTRICT NO. 1027 - WATERMAN AVENUE & WASHINGTON STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (25) James Funk, Director of Development Seryices, submitted a staff report dated May 1, 2001, regarding the formation of the Waterman Ayenue and Washington Street Area Landscape Maintenance Assessment District No. 1027. Mr. Funk presented highlights of the staff report to the Council. Mayor Valles opened the hearing. No public comments were receiyed. 9 5/2112001 RES. 2001-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF WATERMAN A VENUE AND WASHINGTON STREET, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1027, ORDERING THE WORK, CONFIRMING THE 2001-2002 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (25) Council Member Anderson made a motion, seconded by Council Member Schnetz, that the hearing be closed, that a determination of assessment ballots and/or protests filed be made; and that said resolution be adopted. The motion carried and Resolution No. 2001-108 was adopted by the following yote: Ayes: Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member McGinnis. Absent: None. COUNCIL MEMBER McGINNIS RETURNED At 10:14 a.m., Council Member McGinnis returned to the Council meeting. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles shared with the viewing audience the projects the City is currently inyolyed in such as the renoyation and deyelopment of the Santa Fe Historic District, deyelopment of the Airport, the HUB Project, the Alameda Corridor and the grade separations, working with Caltrans and San Bernardino Associated Goyernments (SANBAG) on the renoyation of the 1-215 Freeway, the Lakes and Streams Project, and now, the courts. Mayor Valles congratulated the Sinfonia Mexicana for the outstanding "Concierto Para Las Madres" or "Concert for the Mothers" that was presented on Mother's Day weekend at the California Theatre to a sellout crowd; announced that during the same weekend the finale of the Hot Rod Power Tour brought oyer 15,000 yisitors from throughout the United States and also from Holland and Canada, and stated that it was yery rewarding to know that the City of San Bernardino is known not only nationally, but internationally; gaye special thanks to Captain Mike Kinsman for his participation, support, and encouragement on the conference held at Cal State regarding hate crimes and the increasing bigotry and prejudices that exist in our community and our country; encouraged residents to attend the National Orange Show; and proYided the following update on the City's Public Works projects: 10 5/21/2001 · Major asphalt repairs will increase during the late spring through early fall. Major asphalt repairs cannot be completed when the payement is too cold since the repair material will not properly bond and the repair will not last. Because of this, the City often has to wait to perform major repairs until the payement has warmed up sufficiently to make a permanent repair. All neighborhoods will be notified prior to repair. . Work will begin in the next 30 days on sidewalk repairs at yarious locations through the City and repair work on yarious sections of Waterman Ayenue, between 9th and Baseline, is slated to begin by early June. . ADA improyements to the Nunez Pool facility have begun and the Seccombe Lake Park facility ADA improyements are scheduled to begin this month. . A project consisting of the installation of tree grates, irrigation systems, and trees, along a portion of Highland Avenue, is being adyertised and work is scheduled to begin in 45 to 60 days. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson reminded the Yiewing audience that the latest edition of "News of the City" would be included in the June 1 issue of The Sun, and would contain more information about the major projects preyiously referred to by the Mayor. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark stated that approximately two weeks ago, the Chamber of Commerce hosted a dinner saluting yarious areas of law enforcement including the Police Department, the California Highway Patrol, the Sheriff's Department, City schools and Cal State; howeyer, she wanted to publicly congratulate San Bernardino Police Department nominees Trayis Walker, William Hanley, and Tony White, who was also selected Officer of the Year. Ms. Clark congratulated the Chamber and the committee that organized the eyent and all the officers who were recognized. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member McCammack made a motion, seconded by Council Member Schnetz, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common CouncillCommunity Deyelopment Commission, be waived. COUNCIL MINUTES (6) Council Member McCammack 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 Deyelopment Commission of the City of San Bernardino, be approved as submitted in typewritten form: March 26, 2001. 11 5/2112001 PERSONNEL ACTIONS (7) Council Member McCammack made a motion, seconded by Council Member Schnetz, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 15, 2001, in accordance with Civil Seryice rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approyed and ratified. RES. 2001-109 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF SUPPLEMENTAL SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE ADMINISTRATIVE FEES. (8) RES, 2001-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 3RD STREET, WEST OF KENDALL A VENUE, EAST OF "K" STREET. (12) Council Member McCammack made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2001-109 and 2001-110 were adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. ORD. MC-I097 - 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-l096. (15) Council Member McCammack made a motion, seconded by Council Member Schnetz, that said ordinance be adopted. Ordinance No. MC-l097 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER UNTIL DECEMBER 31,2008. (16) 12 5/21/2001 RES. 2001-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO CONTINUE YOUTH MENTORING SERVICES THROUGH THE JUVENILE MENTORING PROGRAM (JUMP) GRANT. (17) RES. 2001-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN APPLICATION FOR GRANT FUNDS FROM THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 (PROPOSITION 12). (18) Council Member McCammack made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2001-111, 2001-112, and 2001-113 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ANTHONY MARMOLEJO CONSTRUCTION COMPANY, INC. FOR MODIFICATIONS TO THE SECCOMBE LAKE ACTIVITY CENTER, LOCATED AT THE PARKS AND RECREATION DEPARTMENT MAIN OFFICE ANNEX, TO MEET AMERICANS WITH DISABILITIES ACT (ADA) STANDARDS. (Discussed later in the meeting - page 34) (9) Council Member Estrada asked why design engineering costs were not included in the initial cost estimate. It was the consensus of the Council to hold this item oyer until the afternoon to enable staff to prepare a response to Council Member Estrada's question. COUNCIL MEMBER McCAMMACK EXCUSED At 10:25 a.m., Council Member McCanunack stated that because she owned property within the parameters of the project she would be abstaining on Agenda Item No. 10, and left the Council meeting. 13 5/21/2001 RES. 2001-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS STRATEGIC PLAN TO EXPEND STATE FUNDS FOR FULL RIGHT-OF-WAY ACQUISITION FOR CONSTRUCTION OF IMPROVEMENTS TO THE 1-215 FREEWAY BETWEEN 1-10 FREEWAY AND SR 210 (30) FREEWAYS, AND TO ACCELERATE ACQUISITION OF CERTAIN PARCELS LOCATED WITHIN CITY BOUNDARIES. (10) Council Member Estrada asked what timeline the City was looking at for completion of this project. Ray Casey, City Engineer, stated that Caltrans estimated that construction would begin in four or fiye years. Council Member Schnetz asked why Caltrans did not proyide a map showing the limits of the acquisitions. City Engineer Casey stated that it was yery early in the process and Caltrans had not yet deyeloped the preliminary design and right-of-way acquisition detail that would proyide for that type of map. Mayor Valles stated that it was her understanding the property owners would be notified as soon as they haye been identified by Caltrans. Council Member Lien stated that when Council concurred that the Braid Split Alternatiye was the best option for the 1-215 Corridor design, it was yery clear which streets would be impacted. She indicated that it would be helpful if Caltrans could supply them with approximate boundaries. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-114 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstentions: Council Member McCammack. Absent: None. COUNCIL MEMBER McCAMMACK RETURNED At 10:31 a.m., Council Member McCammack returned to the Council meeting and took her place at the Council table. RES. 2001-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 5700 SHELTER WAY (SAN BERNARDINO COUNTY ANIMAL SHELTER). (11) 14 5/21/2001 Council Member Suarez asked if the County had to sign a waiyer or an agreement to become part of the City if the property is annexed. City Administrator Wilson stated that one of the conditions of this action was that the County sign an irreyocable agreement to annex in exchange for the sewer connections. Mr. Wilson stated that there is a routine approyal process required by the Local Agency Formation Commission (LAPCO) that will finalize the transaction. Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-115 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES, 2001-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SERVICE AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT, PLAN REVIEW AND INSPECTION SERVICES FOR THE RENOVATION OF THE CITY'S HISTORIC DEPOT PROJECT. (13) Council Member McGinnis asked if the City would receiye additional local match funds. City Administrator Wilson stated that additional matching requirements would haye to be dealt with during the construction phase of the project, but felt confident that match requirements would be identified with the help of San Bernardino Associated Governments (SANBAG). Council Member McGinnis asked what percentage the federal goyernment requires on the match. Ray Casey, City Engineer, stated that the percentage was approximately eight percent, but other sources of funding could be used for match as well, such as museum funding and SANBAG funding. Council Member McGinnis made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2001-116 was adopted by the following yote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15 5121/2001 RES. 2001-117 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PURCHASE ORDERS WITH DAVID RICHARDS ELECTRIC AND LON'S ELECTRIC TO PROVIDE LABOR SERVICES IN THE AMOUNT OF $10,000 EACH; ISSUANCE OF A PURCHASE ORDER WITH SHOOK BUILDING SYSTEMS FOR $10,500; ISSUANCE OF A CONTRACT WITH INLAND ACOUSTICS, INC., FOR ENERGY SAVING PROJECTS ON THE THIRD AND SIXTH FLOOR OF CITY HALL, 300 NORTH D STREET, IN SAN BERNARDINO; AND AUTHORIZATION TRANSFERRING $57,700 WITHIN THE FACILITIES MANAGEMENT BUDGET TO COMPLETE ENERGY SAVING PROJECTS THROUGHOUT THE CITY OF SAN BERNARDINO. (14) Council Member Estrada asked why the City requested individual bids rather than only one bid. City Administrator Wilson stated that the project was rather specialized and contractors were selected according to their areas of expertise. Council Member Estrada stated that the staff report indicated that the City lowered its electrical charges by over $750,000 per year, and asked what time period this referred to. Jim Sharer, Director of Facilities Management, stated that the City completed its first energy savings project in 1994. Council Member Estrada stated that it is important the public knows the City is making every effort to save on energy costs. Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000-2001 Facilities Management Budget and transfer $30,500 from Account No. 001-324- 5011 (Custodial Maintenance Salary Savings) and $27,215 from Account No. 001-325-5011 (Building Maintenance Salary Savings) to Account No. 631-331-5507 (Facilities Services), in the total amount of $57,715, to fund energy saving upgrades to City Hall lighting systems, and to fund energy savings projects throughout the City, as discussed in the staff report dated May 21,2001, from James Sharer, Director of Facilities Management. The motion carried and Resolution No. 2001-117 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16 5/21/2001 RES. 2001-118 - 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 $500,000 FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE ADMINISTRATION OF AN URBAN PARK AND RECREATION RECOVERY (UPARR) GRANT TO REPLACE THE PRESENT HYDRAULIC IRRIGATION SYSTEMS AT NICHOLSON, ENCANTO AND MT. VIEW SITES WITH ELECTRICAL MECHANICAL; RESURFACE/STRIPE PARKING LOTS AT SEVEN PARK SITES; PAINT EXTERIOR/INTERIOR AREAS FOR EIGHT COMMUNITY CENTERS; REFURBISH WADING POOLS AT LYTLE CREEK AND PERRIS HILL; AND RE-PLASTER POOLS AT MILL CENTER, HERNANDEZ CENTER AND DELMANN HEIGHTS. (19) Council Member McGinnis asked where the $150,000 for the match would be coming from. City Administrator Wilson stated that the match would come from State Proposition 12 funding, assuming the City receives the grant. Council Member McGinnis asked if the City had already received the Coastal Protection Bond Act monies. Annie Ramos, Director of Parks, Recreation & Community Services, stated that she received a letter last week confirming that the City would be receiving $2.2 million. Council Member Anderson stated that so far the City has received approximately $2.7 million to improve the City's parks and asked if funds could be appropriated for improvements at Gutierrez Field (and specifically Mindy's Playground located at 14th Street and Mt. Vernon A venue) such as benches, trees, and barbecues, and asked if the park could be expanded utilizing the adjacent vacant lot. Ms. Ramos stated that items such as barbecues and picnic tables could be addressed within the various project line items in their budget. However, since expansion of this park was not included on the list of park improvements, Ms. Ramos indicated that it would have to be added by substituting it for another park. Ms. Ramos indicated that Proposition 12 monies could be used along with other competitive monies expected after this year, and the expansion could be included as one of their projects at that time. Council Member Anderson stated that she would like to see the expansion of this park as a priority item for next year using Proposition 12 monies. Ms. Anderson stated that Anne Shirrell Park is also in need of repair. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. 17 5/2112001 Resolution No. 2001-118 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-119 - A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND HOLLAND-LOWE CONSTRUCTION, INC. FOR PAVEMENT REPAIRS ON WATERMAN AVENUE BETWEEN NINTH STREET AND BASELINE STREET; PAVEMENT RESURFACING ON PORTIONS OF LYNWOOD WAY, PACIFIC AVENUE AND PERRIS HILL ROAD. (21) Council Member Anderson stated that the staff report indicated that all wards would benefit by this resolution, but she did not see where this would benefit the Sixth Ward. Mayor Valles reiterated that one of the purposes of the pavement plan that was adopted was to address the issues of all the streets in the entire City, all 500 miles of it, and that it be prioritized in terms of need. The Mayor stated that all streets will be addressed, and there will be times when the major focus will be on one particular section of the City. Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2001-119 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE MAYOR'S ACTION AUTHORIZING THE CITY TO DONATE THREE (3) HEILlPETERBILT SIDE LOADING REFUSE TRUCKS FROM THE SURPLUS VEHICLE FLEET TO THE CITY OF MEXICALI, MEXICO. (22) Council Member Anderson asked if the City had inquired whether there was a market for the trucks. City Administrator Wilson stated that there is lost revenue by this action and suggested selling the trucks at auction as an option. Mr. Wilson noted that this was a request from our Sister City. Council Member Anderson stated that the City should first explore whether it could recoup money for the trucks, and if not, then they could be given away. Council Member Estrada asked what was the value of one of these vehicles. 18 5121/2001 Lynn Merrill, Director of Public Services, stated that the cost of a new side-loader is approximately $192,000 and when they go to auction, they are generally very worn out. Mr. Merrill indicated that the City receives anywhere from $5,000 to $7,000 for the trucks. Council Member McGinnis stated that sending these vehicles to Mexicali was a good gesture by the City, and hoped they would be able to maintain them. Council Member McCammack stated that she was concerned as to how the vehicles would get to Mexicali. Mr. Merrill stated that representatives from Mexicali physically inspected the vehicles and are aware of their condition. He indicated that it was their responsibility to transport the vehicles, and it was recommended that they be towed. Council Member Schuetz made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-120 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-121 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $13,137.50 FOR THE FISCAL YEAR 200112002. (23) Council Member McGinnis asked if this fell under Proposition 218 rules on taxation and whether the City would be allowed to change the rate on the tax. Deputy City Attorney Empefio stated that these assessments would be paying for a bonded indebtedness from 1988 and therefore were exempt from Proposition 218. Council Member McGinnis stated that the district was established in 1958 and asked how much was borrowed at that time. Mr. Empefio stated that he did not know the original amount. He noted that the district was established in 1958, the bonds were issued in 1988, and the water district merged with the City's water district in 1991. Council Member Anderson stated that she felt the staff report was not as thorough as it should have been to explain this item and asked staff to address this issue. Council Member McGinnis made a motion, seconded by Council Member Lien, that said resolution be adopted. 19 512112001 Resolution No. 2001-121 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPROVE - DRAFT ADMINISTRATIVE POLICY - STOP SIGN WARRANTS (24) James Funk, Director of Development Services, submitted a staff report dated May 17, 2001, requesting approval of the Draft Administrative Policy for Stop Sign Warrants. Deputy City Attorney Barnes stated that California Vehicle Code Section 22450 gives the City discretion to make regulations to statutes by resolution or ordinance, and since this item was in the form of a motion, recommended that Council approve the motion in order to proceed with Agenda Item No. 27, and that the item be brought back in the form of a resolution. Council Member McCammack made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the draft Administrative Policy for stop sign warrants, and that the matter be brought back in the form of a resolution. DEPUTY CITY ATTORNEY BARNES EXCUSED At 11:03 a.m., Deputy City Attorney Barnes left the Council meeting and was replaced by City Attorney Penman. FINAL REPORT BY THE CITY ATTORNEY - THE PEOPLE OF THE STATE OF CALIFORNIA; STATE OF CALIFORNIA; & CALIFORNIA DEPARTMENT OF FISH AND GAME. V. WARNER W. HODGDON; RANCHO SAN ANDREAS COMPANY, INC. A CALIFORNIA CORPORATION; & DOES I THROUGH XXX, CASE NO. SCV 01030. (Continued from May, 7, 2001) (26) James F. Penman, City Attorney, submitted a staff report dated May 18, 2001, regarding the final report on People of the State of California vs. Warner W. Hodgdon; Rancho San Andreas Company, et al. Mr. Penman discussed highlights of the staff report with the Council. Council Member Estrada asked if this was the last they would hear on this issue. Mr. Penman stated that Council would be hearing a lot about the project as it IS developed, but indicated that the lawsuit is finished. No action was taken on this item. 20 5121/2001 DEPUTY CITY ATTORNEY PENMAN EXCUSED At 11:07 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Barnes. RES. 2001-122 - 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 VARSITY A VENUE, DECLARING VARSITY A VENUE A THROUGH HIGHWAY FROM COLLEGE A VENUE TO UNIVERSAL AVENUE AND ESTABLISHING A THREE WAY STOP AT THE INTERSECTION OF GRAND AVENUE AND VARSITY A VENUE. (Continued from April 16, 2001) (27) James Funk, Director of Development Services, distributed the Warrants for Stop Sign Installation (Attachment A) and the petition submitted by residents (Attachment B), which were not included with the original staff report. Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-122 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CANCELLATION OF CONTRACT - AVILA CONSTRUCTION - STREET IMPROVEMENTS - ART TOWNSEND DRIVE & OTTO GERICKE DRIVE - SAN BERNARDINO INTERNATIONAL AIRPORT - PER PLAN NO. 9479 - AUTHORIZATION TO PAY APPROXIMATELY $30,300 TO AVILA CONSTRUCTION FOR WORK COMPLETED - AUTHORIZATION FOR DIRECT PURCHASE - 12" & 16" WATER LINE PIPE & FITTINGS CURRENTLY STORED AT THE SITE - ESTIMATED AMOUNT OF $125,000 SUBJECT TO VERIFICATION OF ACTUAL VENDOR INVOICE & REASONABLE HANDLING COSTS (Continued from May 7, 2001) (28) James Funk, Director of Development Services. submitted a revised staff report dated May 15, 2001, regarding cancellation of the contract with Avila Construction. Ray Casey, City Engineer, discussed highlights of the staff report with the Council. Rob Reynolds, Attorney for Avila Construction, 3525 Del Mar Heights Road, San Diego, CA, suggested meeting with the City to work out the details of the April 9 proposal to avoid the cost of litigation and the prospect of not completing the project thereby losing the federal funding. Mr. Reynolds stated that the biggest hang-up has been the issue of delay, but 21 5121/2001 indicated that they were willing to put aside the delay issue for now. Mr. Reynolds felt it would be better for the City if the project were completed and the delay arbitrated rather than arbitrating the entire case. Mr. Reynolds stated that there was one other issue with regard to the bond and the City's responsibility to notify the surety company that there was a problem with the project. He stated that Avila Construction was willing to waive any remedy they would have against the City for failing to give that notice. Mr. Reynolds stated that they want to get the project done. Mayor Valles stated that failure to address the issue of proper documentation for the numbers that were presented was the reason this issue was being held up. Mr. Reynolds stated that under federal guidelines, federal entities would not pay without documentation, and under state court action documentation wouldn't necessarily have to be shown. Mayor Valles stated that she felt the City had bent over backwards to accommodate Avila Construction by postponing the timelines and providing additional time for the documentation, but noted that it has not been forthcoming. Mr. Reynolds stated that the issue regarding documentation pertained to the delay issue and could be handled at arbitration. Council Member Lien stated that the City is under a tremendous time line to complete the project with federal funds. She found it odd that Mr. Reynolds indicated the need for further negotiations, yet prior instruction was for non-binding arbitration, and she understood the subcontractor refused to do that. Mr. Reynolds pointed out that he did not know if staff conducted a utility search. He stated that A vila Construction indicated that they would get the job done if this is resolved, and would go forward despite Sanborn's ability or inability to participate. Council Member Schnetz asked if Mr. Reynolds had a chance to discuss the issue with staff within the last two weeks. Mr. Reynolds stated that staff proposed non-binding arbitration, but the subcontractor indicated he was not willing to participate in non-binding arbitration. Council Member Schnetz asked if there were enough federal monies to pay for this or would the City have to kick in money over and above the federal grant. Mr. Casey stated that it was his estimation thai if the initial water line change order request were included, there would not be enough funding in the overall program to pay for the project. Council Member Schuetz asked if the City would still have the water line if they rebid the project. 22 5/21/2001 Mr. Casey stated that the City's most recent position was to delete the 16-inch water line from the overall project. Mr. Casey added that it was always the City's intent to maintain approximately the same amount of street improvements as was originally bid by extending the work on Third Street, which was part of the original contract and was expanded significantly with the revised proposal. Council Member McCammack stated that she was under the impression the City would make one last attempt at negotiating this contract in the hope the contractor would finish the job. She understood it to be specific with the ueed for documentation and questioned why that did not occur if that was all it was going to take to show good faith and resume negotiations. Mr. Reynolds stated that he understood the receipt for the pipeline did not exist. Council Member McCammack stated that the idea was to get everybody back to the table to discuss how close they were in the negotiation process, and she understood the contract was with the contractor-not the subcontractor. Ms. McCammack asked how long it would take for binding arbitration. Mr. Reynolds stated that he estimated three to six months. He indicated that the pertinent question was still going to be whether a proper utility search was conducted and noted that this could cause problems for the City, if in fact it wasn't done. Mr. Reynolds stated that he understood the City expected there would be non-binding arbitration and the matter would be resolved. Council Member McCammack stated that the City's expectation was that the contractor, maybe through the attorney, would bring back documentation. Mr. Reynolds stated that apparently the pipeline was purchased on credit or on some other terms. He indicated there was no invoice, nobody paid for it, and as soon as somebody received a bill, they would be glad to pass it along. Mr. Reynolds stated that the pipeline had no bearing on completion of the project because it was not part of it. Speaking from the audience, City Attorney Penman stated that he felt this matter would not be resolved without another party such as an arbitrator, and did not think it was in the City's best interest to continue discussions. Council Member Estrada stated that at the last meeting she had recommended the matter be continued to this meeting hoping the parties would have been able to resolve the matter. She indicated at that time that if it was not resolved by this meeting, she would move the motion to terminate the agreement. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried: (1) that the Mayor and Common Council cancel the contract with Avila Construction for street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479, under the provisions of Section 6-4 "Default by Contractor" of the Standard Specifications; (2) that the Mayor and Common 23 5/21/2001 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 $L!5,000 subject to verification of actual vendor invoice and reasonable handling costs; authorize staff to accept and process additional claims for valid costs and damages as allowed by the comract, if any, from Avila Construction, and authorize staff to rebid the project per revised Plan No. 9479; and (3) that the Mayor and Common Council authorize staff to submit to binding arbitration with Avila Construction, Inc. and Sanborn Pipeline to resolve extra work and claims for alleged delay costs not resolved in Item 2 above. DEPUTY CITY ATTORNEY BARNES EXCUSED At 11:33 a.m., Deputy City Attorney Barnes left the Council meeting and was replaced by City Attorney Penman. DISCUSS & TAKE POSSIBLE ACTION - PROPOSED CHARTER AMENDMENT - RESTRICTIONS ON OFFICERS (Discussed later in the meeting - page 34) (30) James Penman, City Attorney, submitted a staff report dated May 17, 2001, regarding discussion and possible action on the proposed Charter Amendment. Mr. Penman discussed highlights of the staff report with the Council and wanted it made clear that the proposed amendment was not suggested by the Mayor. Council Member McCammack stated that she remembered this being an issue during the Measure M campaign, and at that time she understood this part of the Charter to have precluded an elected official from serving on a state commission possibly because of the time it took to travel in the early 1900's. Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolutions A and B be adopted. (No vote was taken.) Council Member Estrada stated that there are a number of issues in the current Charter that need to be addressed; however, she did not feel this was the most important issue and could not see taking it to the voters. Council Member Anderson stated that she concurred with Council Member Estrada, but indicated that this was only the beginning-other items would be brought up in the future, and there would certainly be a community body that would give input. Council Member Suarez stated that he was concerned that serving on some state/federal committees may be a conflict of interest for elected and appointed officials, and he asked that this be clarified. City Attorney Penman stated that he was not aware of any state committee or commission that would be a conflict of interest for either an elected or appointed official from this City to serve on. He stated that he purposely chose an uncontroversial amendment 24 5/21/2001 because the voters should not have to fear all Charter reform and this would give them a chance to look at only one issue in November. Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA, stated that he had no problem with this particular amendment and that not having active representation at the state level was a real detriment to the City. He indicated that the problem is that there is no mechanism for proposing recommended Charter changes, and he believes there is a constituency for various elements of Charter change. He stated that he felt there should be a panel comprised of public officials and citizens having no vested interests-an impartial panel. Council Member McCammack stated that she learned a lot from Measure M, like taking issues one at a time so the public feels completely confident with a "yes" or a "no" decision on a Charter amendment. She said there was plenty of time between now and August to add additional items if that was the Council's decision. She personally felt a raise for the Mayor was in order, but agreed that it might not be a good thing to come up in this November's election. Ms. McCammack noted that the Mayor was disturbed that she was unable to serve on a state commission. She stated that she also learned in listening to several elected officials that an appointed Charter Committee might not have been the best way to tackle Charter amendments, and the discussion was that Charter commissioners should have been elected. Mr. Penman stated that the Mayor is now very much involved in a number of projects and does not have time to serve on state commissions/committees. He indicated that what happened before had nothing to do with what was currently being presented. Council Member McGinnis stated that he did not have enough information and was not prepared to move this item without having more discussion on Charter amendments. Council Member Estrada made a substitute motion, seconded by Council Member Schnetz, that a workshop be held to discuss potential Charter amendments. (Note: The vote was taken following further discussion.) Mr. Penman encouraged the Council to televise the workshop. Mayor Valles stated that she agreed with Mr Mulvihill's comment that a Charter amendment process needs to be addressed. City Clerk Clark reminded the Council that August 10 was the absolute deadline to submit to the Board of Supervisors the request to place any Charter amendment on the ballot. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO RESTRICTIONS ON OFFICERS. (30A) 25 5/21/2001 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. (30B) At this time, the substitute motion made by Council Member Estrada, seconded by Council Member Schnetz, that a luncheon workshop be scheduled to discuss potential Charter changes, unanimously carried. It was the consensus of the Council to hold this item over until the afternoon to enable staff to come up with a date for the workshop. CITY ATTORNEY PENMAN EXCUSED At 12:15 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Barnes. AUTHORIZE EXECUTION - MEMORANDUM OF UNDERSTANDING & WORKING PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO & CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO - CABLE TELEVISION NETWORK (81) Mayor Valles submitted a statf report dated May 18, 2001, regarding authorization to execute a Memorandum of Understanding and a Working Partnership Agreement between the City of San Bernardino and California State University, San Bernardino, for the Cable Television Network. Frank Keller, Cable Television Manger, stated that this agreement would allow Channel 3 to air some regionalized programming that would not displace Council meetings or local productions and would occur during prime time hours starting out with probably one or two hours and working up to possibly three or four. Council Member Lien asked if Cal State had its own production facilities. Mr. Keller stated that Cal State provides some production training and indicated that the City is working on instituting an internship program where students would come to the City's facility and work on this regionalized programming. He noted that Phase 2 would consist of some regionalized news programming that would provide information to the local area that is void from the Los Angeles television market. Council Member Lien stated that she wanted to make sure the City would be remunerated for the use of its production facilities by other entities. Mr. Keller stated that the MOU would allow the City to air the programming. The contract would come before the Council at a later time and would put together the hard points 26 5/21/2001 of the partnership. Mr. Keller stated that several cities have been offered an opportunity to contract services for programming with the City of San Bernardino, which in turn would generate revenue. Cindy Pringle, California State University, San Bernardino, stated that Cal State viewed this as an exciting initiative that would help coalesce the Valley in a way that would create image and appearance fabricated by local residents rather than the Los Angeles market. Ms. Pringle stated that they are awaiting the advent of a federal grant from the Department of Defense for the United States Navy in which they will be acquiring some digital equipment to do some distance learning, and they see this cable television network project running parallel to that and leading to a wonderful future. Deputy City Attorney Barnes stated that she believed Cal State had not had a chance to look at the Working Partnership Agreement and recommended that the Council pass Motion #1 and bring back Motion #2 in the form of a resolution to the next Council meeting. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Mayor to execute a Memorandum of Understanding between the City of San Bernardino and California State University, San Bernardino for the Cable Television Network; and that the Working Partnership Agreement be brought back as a resolution to the Mayor and Common Council meeting of June 4, 2001. RECESS MEETING At 12:22 p.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:11 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; Deputy City Attorney Empefio, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. COMMUNITY DEVELOPMENT COMMISISON/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:11 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development CommisisonlSan Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 27 5/21/2001 Agenda Item Nos. 29 and R3l were considered simultaneously since they address the same issue. PUBLIC HEARING - FINAL ENVIRONMENTAL IMPACT REPORT _ GENERAL PLAN AMENDMENT NO. 01-01 & DEVELOPMENT CODE AMENDMENT NO. 01-03 - HUB PROJECT - NORTHWEST CORNER OF TIPPECANOE AVENUE & INTERSTATE 10. (29) James Funk, Director of Development Services, submitted a staff report dated May 1, 2001, regarding the Final Environmental Impact Report, General Plan Amendment (GPA) No. 01-01 and Development Code Amendment (DCA) No. 01-03 for the HUB Project at the northwest corner of Tippecanoe Avenue and Interstate 10. Mayor Valles opened the hearing relative to Agenda Item Nos. 29 and R31. Agency Executive Director Van Osdel provided an overview of the project. The following individuals spoke in opposition to the project: Mr. George Hallock, 928 Rosewood Drive, San Bernardino, CA.; Frank A. Weiser, Attorney for the University Inn, 3460 Wilshire Blvd., #903, Los Angeles, CA.; and Louis Rodriguez, 1014 E. Laurelwood Drive, San Bernardino, CA. Ron Circi, owner of property located at 983 E. Laurelwood, San Bernardino, CA, spoke in favor of the project. Council Member McGinnis asked if the City had performed a property value assessment. Mr. Van Osdel stated that the assessment had not yet been completed and indicated that this would be discussed in closed session. Council Member Schuetz asked what was the typical size of the residential lots. Valerie Ross, Principal Planner, stated that the majority of the lots were between 5,000 and 6,000 square feet. Council Member Schnetz stated that the commercial value of a 7,000 square foot lot at $5 per square foot would be approximately $35,000 per parcel. Mr. Schnetz stated that the houses would be purchased at the value of the single-family residential property, which would be considerably higher than $35,000, and indicated that the Agency would pay the difference. Mr. Schnetz stated that the resolution states that the project's estimated fair share contribution is approximately $5 million for Congestion Management Plan (CMP) roadway improvements, and asked where the money was going to come from, and when. 28 5/21/2001 Ray Casey, City Engineer, stated that the Traffic System Fee is based on a calculation that is derived from the ultimate square footage of buildings and an intensity factor of about $17 per trip, or somewhere in the neighborhood of $170,000 to $200,000. Kevin Kincher, Consultant with LSA Associates, stated that the figure Council Member Schuetz was referring to was the project's fair share of needed future improvements to the area based on CMP calculation and would be the project's portion of the overall improvements that would be needed in that immediate area. Council Member Schuetz asked if the City would have to set money aside or would it get credit for the existing uses and the trips per day. Ms. Ross stated that the purpose of the Traffic Impact Analysis (TIA) is to identify the impacts and the mitigation measures needed to mitigate those impacts and also to identify the cost for implementing those particular traffic improvements. Ms. Ross stated that the estimated amount of the contribution is generally due when the improvements are actually needed. Council Member Schnetz asked if the City had to budget for that amount. Ms. Ross stated that the City was not budgeting for that amount. She indicated that the $5 million was an estimate based on current information, and stated that the City was not bound by it. Council Member McCammack asked if the Fair Market Value of the homes was based on other residential comps in the area or within a certain radius. Mr. Van Osdel stated that the initial indications of value were prepared by a private independent appraiser and he did not know how far he went out with his comps. Mr. Van Osdel indicated that when the appraisers are asked to do full-blown appraisals, they will be able to refine the numbers and will hopefully be within the ballpark with their estimates. Council Member McCammack asked if traffic congestion was considered a detriment to that appraisal. Mr. Van Osdel stated that it was his assumption that the appraisals were done regardless of the circumstances. Council Member McCammack stated that there appeared to be a conflict in that there are only three owner-applicants out of the 64 pieces of property, and the lion's share seemed to be for tenant relocation and tenant rental assistance. Mr. Van Osdel stated that he thought the relocation plan's consultants provided the numbers of owner-occupants versus tenants. Mr. Van Osdel indicated that because they will be using both HOME dollars and Lo/Mod funds, they will be responsible to adhere to both 29 5/21/2001 state and federal law as to how relocation benefits are determined and the amount of money that will be paid. Council Member Lien asked if the homeowners have received the material on relocation and how it would be calculated. Mr. Van Osdel stated that the required communication with property owners relative to their initial rights to participate have been followed religiously, but thought it would be a bit premature to distribute the relocation benefit package. Council Member Estrada asked for the amount of current sales at the existing Sam's Club. Jim Rabi, Consultant with Keyser Marston Associates, stated that individual store sales was confidential information and could not be publicly disclosed. He did indicate that current sales for Sam's Club, Costco, and In-N-Out Burger totaled $95 million and the analysis of incremental taxable sales that would occur at this site took into account the relocation of Sam's Club, In-N-Out Burger, and the likelihood that some of the sales that occurred at this site would actually come from other stores in the City of San Bernardino. Mr. Rabi estimated that taxable sales at this location initially would be $70 million, approximately half of the sales ($35 million) represent existing sales at Sam's Club, In-N-Out Burger, and transfers from other locations, so that the net gain was approximately $350 million in sales tax revenues for the City. Council Member Estrada stated that she would like the City to consider returning a certain percentage of the sales tax back to the Agency. Mr. Van Osdel stated that that the Agency was aware of that and would be returning to the Council with a revenue sharing agreement that will propose that the first obligation of the increase in sales tax to the City would be to pay back the infrastructure loan, and they would request to participate in that net increase to some degree. Council Member McCammack stated that she felt the relocation and the rental assistance program looked very attractive. Council Member Schnetz asked if the $1.1 million reimbursement for Harriman Place would come back to the Agency. Mr. Van Osdel stated that the intent is that it be paid to the Agency and the loan proceeds from the bank loan will pay for the right of way acquisition as well as development of the street. The developer initially had an obligation within their budget to pay for that particular street, and taking over the responsibility represents a reimbursement to the Agency. John Hoeger, Agency Project Manager, stated that the $1.1 million is a cost to the developer for construction of the street, and the Agency will receive those dollars, which brings the Agency's costs down to $3.4 million. The money the City will use to construct the 30 5/21/2001 street will come from the infrastructure bank loan, which is an additional $2 million. The City will use $1.1 million to construct the improvements, and the Agency will use $900,000 of that money to purchase right of way. Council Member Schuetz asked if he understood correctly that without the bank loan, the cost would be an additional $2 million, which would be paid back through sales tax. Mr. Hoeger answered affirmatively, stating that this was a mechanism that just became available to the Agency during negotiation of the agreement. Charles Brown, owner of property located at 1037-1049 Rosewood, San Bernardino, CA, stated that he was interested in selling his property because of costly sewer problems, but was not willing to give it away. He asked how the appraisals would be handled because he is concerned the property owners will not get what they want for their property. Mayor Valles assured Mr. Brown that the City would be fair and would follow relocation laws and regulations. Council Member McGinnis stated that every consideration would be given to help homeowners and renters find new homes, and the City would strive to make their relocation as painless as possible. Julio Rodriguez, 1014 Laurelwood, San Bernardino, CA, asked what about the people who did not want to be relocated. Council Member McGinnis stated that this project was for the good of the City. Mayor Valles stated that eminent domain would be the last resort. Henry Shelton, owner of property on Rosewood Drive, was concerned that he would not get adequate reimbursement for his property. Camay Nani, stated that she bought her commercial property as an investment, and did not want it appraised as residential property. RES. 2001-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN, AND ADOPTING GENERAL PLAN AMENDMENT NO. 01-01 FOR THE HUB PROJECT. (29) RES. 2001-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT FOR THE HUB PROJECT PURSUANT TO THE CONGESTION MANAGEMENT PLAN. (29) 31 5/21/2001 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD TEXT ALLOWING DRIVE-THRU RESTAURANTS IN THE CR-3 LAND USE DISTRICT. First (29) Council Member Anderson made a motion, seconded by Council Member Suarez, that the hearing be closed; that the Mayor and Common Council adopt the resolutions that certify the Environmental Impact Report and Mitigation Monitoring and Reporting Program; adopt the Statements of Overriding Consideration; certify the Traffic Impact Analysis; adopt General Plan Amendment No. 01-01, based on the Findings of Fact in the Planning Commission staff report; and that said ordinance be laid over for final adoption which approves Development Code Amendment No. 01-03, based on the Findings of Fact in the Planning Commission staff report. The motion carried and Resolution Nos. 2001-123 and 2001-124 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PUBLIC HEARING - TIPPECANOE RETAIL PROJECT - SBT PARTNERS DISPOSITION & DEVELOPMENT AGREEMENT - HUB PROJECT (R31) RES. CDC/2001-20 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433, MAKING OTHER FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SBT PARTNERS, LLC, AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH (HUB PROJECT), (R31A) RES. 2001-125 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT PREPARED PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH THE CONSIDERATION BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND APPROVING THE EXECUTION OF A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SBT PARTNERS, LLC (HUB PROJECT) (R3IB) 32 5/21/2001 RES. 2001-126 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMISSION OF THE APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK FOR FINANCING OF THE HARRIMAN PLACE IMPROVEMENT PROJECT AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. (R31C) RES. 2001-127 - A RESOLUTION OF DECLARATION OF OFFICIAL INTENT OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO REIMBURSE CERTAIN EXPENDITURES FOR THE HARRIMAN PLACE IMPROVEMENT PROJECT FROM PROCEEDS OF INDEBTEDNESS. (R31D) RES. CDC/2001-21 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF THE HARRIMAN PLACE IMPROVEMENT PROJECT ACQUISITION, CONSTRUCTION AND FINANCING AGREEMENT AND REQUESTING THE MAYOR AND COMMON COUNCIL TO APPROVE SAID AGREEMENT (HARRIMAN PLACE IMPROVEMENT PROJECT). (R3lE) RES. 2001-128 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF THE HARRIMAN PLACE IMPROVEMENT PROJECT ACQUISITION, CONSTRUCTION AND FINANCING AGREEMENT AND REQUESTING THE MAYOR AND COMMON COUNCIL TO APPROVE SAID AGREEMENT (HARRIMAN PLACE IMPROVEMENT PROJECT). (R31F) Council Member McGinnis made a motion, seconded by Council Member Suarez, that the hearing be closed; and that said resolutions A-F, be adopted. The motion carried and Mayor and Common Council Resolution Nos. 2001-125, 2001- 126, 2001-127, and 2001-128 and Community Development Commission Resolution Nos. CDC1200l-20 and CDC/2001-21 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33 5/21/2001 RES. 2001-129 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ANTHONY MARMOLEJO CONSTRUCTION COMPANY , INC. FOR MODIFICATIONS TO THE SECCOMBE LAKE ACTIVITY CENTER, LOCATED AT THE PARKS AND RECREATION DEPARTMENT MAIN OFFICE ANNEX, TO MEET AMERICANS WITH DISABILITIES ACT (ADA) STANDARDS. (Discussed earlier in the meeting - page 13) (9) Ray Casey, City Engineer, prepared and distributed a memorandum in response to Council Member Estrada's question posed earlier in the meeting regarding design engineering costs. Council Member Estrada made a motion, seconded by Council Member Suarez, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2000- 2001 budget to transfer $37,700 from Account No. 243-363-5504-3405 (Unappropriated Park Construction Fund) to Account No. 243-363-5504-7107 (Seccombe Lake Activity Center); and that said resolution be adopted. The motion carried and Resolution No. 2001-129 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. COUNCIL MEMBER McGINNIS LEFT At 3:14 p.m., Council Member McGinnis left the meeting. DISCUSS & TAKE POSSIBLE ACTION - PROPOSED CHARTER AMENDMENT - RESTRICTIONS ON OFFICERS (Discussed earlier in the meeting - page 24) (30) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO RESTRICTIONS ON OFFICERS. (30A) RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. (30B) City Clerk Clark suggested the workshop could he held on Thursday, June 14, 2001, at 2 p.m., or on Monday, June 18, 2001, at 12 noon in the Economic Development Agency Boardroom, to be recorded and televised at a later date. 34 5/21/2001 Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that a luncheon workshop be held at 12 noon on June 18, 2001, in the Economic Development Agency Boardroom, to discuss potential Charter changes. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles announced that the 51" Annual Greek Festival would be held on June 2-3 at St. Elias Church at 1031 Inland Center Drive. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that a beautification day would be held this weekend for the Valley View Association at 1000 Sunnyside Avenue, from 8:00 a.m. to 12:30 p.m. PUBLIC COMMENTS (32) There were none. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 3:19 p.m., the Mayor and Common Council and the Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No. 1G on pages 1-4 of these minutes. Special Counsel Sabo announced that the following additional case would be discussed in closed session: Prooertv Address: San Bernardino Baseball Stadium, South "E" Street Negotiating Parties: Mayor Valles on behalf of the City of San Bernardino and Donna Tuttle on behalf of the ownership of the Stampede Under Negotiations: Terms & Conditions of the current lease agreement CLOSED SESSION At 3:19 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, Schnetz, Suarez, Anderson, McCammack; City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Barnes, Administrative Operations Supervisor Anderson, City Attorney's Office; Executive Director 35 5/21/2001 Van Osdel and Special Counsel Gondek, Economic Development Agency; Assistant to the City Administrator Sassoon. SPECIAL COUNSEL SABO ARRIVED At 3:32 p.m., Special Counsel Sabo arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OS DEL & SPECIAL COUNSEL GONDEK EXCUSED At 3:32 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Gondek left the closed session. CITY ATTORNEY PENMAN ARRIVED At 3:45 p.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 3:55 p.m., Council Member Estrada left the closed session. ADJOURN CLOSED SESSION/MEETING (33) At 4:05 p.m., the closed session/meeting was adjourned. The next joint regular meeting is scheduled for 8 a.m., Monday, June 4, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By 4iul.v.J:.gtJA),~A) Lmda Sutherland Deputy City Clerk No. of Items: 35 No. of Hours: 6 36 5/21/2001