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HomeMy WebLinkAbout01-10-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 10, 2000 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 8:07 a.m., Monday, January 10, 2000, 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, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: Council Members Lien, Suarez. City Attorney Penman announced that the following cases would be discussed under 1. A., as follows: City of San Bernardino vs. James Bice, et aI., San Bernardino Superior Court Case No. SCV SS59602 Ruthee Goldkorn vs. City of San Bernardino, et aI., U.S. District Court Case No. ED CV 98-42 RT (VAPx) CLOSED SESSION At 8:07 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting, pages 19-20) (1) At 8:07 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 1/10/2000 Anthonv Banks vs. City of San Bernardino, et al. - United States Court of Appeals - Ninth Circuit Case No. 97-56630 [CV-95-333656 R (RMq]. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Lien, Suarez. Also present: Senior Assistant City Attorney Carlyle and Simmons. COUNCIL MEMBER SUAREZ ARRIVED At 8: 10 a.m., Council Member Suarez arrived at the closed session. COUNCIL MEMBER LIEN ARRIVED At 8: 14 a.m., Council Member Lien arrived at the closed session. DEPUTY CITY ATTORNEY EASLAND ARRIVED At 8: 15 a.m., Deputy City Attorney Easland arrived at the closed sessIOn. 2 1/10/2000 SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:30 a.m., Senior Assistant City Attorney Simmons left the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:42 a.m., Council Member Miller left the closed session. DEPUTY CITY ATTORNEY BANAC ARRIVED At 8:42 a.m., Deputy City Attorney Banac arrived at the closed seSSIOn. COUNCIL MEMBER MILLER RETURNED At 8:56 a.m., Council Member Miller returned to the closed seSSIOn. ADJOURN CLOSED SESSION At 9:02 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:08 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark, with the following being present: Mayor Valles; Council Members Lien, McGinnis, Suarez, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Schnetz. INVOCATION The invocation was given by Father Patricio Guillen of Libreria del Pueblo. COUNCIL MEMBERS ESTRADA & SCHNETZ ARRIVED At 9: 12 a.m., Council Members Estrada and Schnetz arrived at the Council meeting and took their places at the Council table. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Amanda Patterson, a student at Bradley Elementary School. PROCLAMATION INGRID GONZALES REGISTRATION WEEK VOTER (3) 3 1/10/2000 Mayor Valles presented a Proclamation to Ingrid Gonzales, proclaiming the week of February 7, 2000, Voter Registration Week in the City of San Bernardino. ANNOUNCEMENT - LARRY QUIEL (4) Larry Quiel, President-elect, San Bernardino Area Chamber of Commerce, reminded everyone that the Census Office opened on Friday, January 7, 2000. The San Bernardino Area Chamber of Commerce will have its installation dinner on Thursday, January 27, 2000, at the San Bernardino International Airport. On February 8, the Chamber will be sponsoring a seminar with Dave Batson, Purchasing Manager for the City of San Bernardino, on the submittal of bids. On February 29, the Chamber will present the State of the City address at the San Bernardino Hilton. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that a stakeholders meeting will be held with the consultants for the Santa Fe Depot rehabilitation project on January 14, at 10:00 a.m., at City Hall. A second meeting is scheduled for January 26, at 2:00 p.m., in City Hall, for the presentation of final plans. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien discussed the cleanup held last Saturday in the Second Ward. On January 22, her ward will have its first neighborhood cleanup. Council Member Lien was selected by the Water Education Foundation to participate in the Water Leaders 2000 Class. ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4) Council Member McGinnis announced that EBO - Everything But Ordinary, is a new men's clothing manufacturing group that has opened up in the Third Ward. J.C. Penney will carry their line. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) On January 11, at 6:30 p.m., the 40th Street Project Area will have its first meeting at 3701 North Sierra Way. The newly elected committee members will be sworn in by the City Clerk. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) 4 1/10/2000 Council Member Suarez stated his ward will be holding a Soap Box Derby Rally March 4 & 5, at the Western Regional Little League Headquarters. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson wished everyone a Happy New Year. She announced the grand opening of Al Cabal's Muffler Shop, located at Baseline and Mt. Vernon. Jose Lopez and Manuel Hernandez are the owners. Council Member Anderson reminded everyone of Martin Luther King, Jr.'s birthday, which will be celebrated on January 17, 2000. ANNOUNCEMENTS - MAYOR VALLES Mayor Valles encouraged everyone to register to vote. Registration ends February 7,2000. Mayor Valles welcomed everyone to the first Council meeting of the Year 2000. She thanked everyone who helped mitigate any potential Y2K problems. She also thanked everyone who attended the New Year's Eve Party at the Radisson. The event was sponsored by the San Bernardino Symphony and over 325 partygoers attended the Ball. It was a great success. On January 15, 2000, the City will be celebrating the birthday of Dr. Martin Luther King, Jr. with an event entitled Taking the Dream Into The Millennium, which will take place at the Ecclesia Christian Fellowship Church from 7:00 p.m. to 10:00 p.m. The Mayor indicated that the San Bernardino County Department of Public Health has an immunization program offering low cost, walk-in immunization clinics throughout the county. The fee is $8.00 per visit, per child, but no child will be turned away. The Mayor stated that the Miss San Bernardino Pageant will take place March 11, at the California Theater, at 7:00 p.m. For ticket and advertising information, call the Chamber at (909) 885-7515. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of 5 1/10/2000 the Mayor and Common Council/Community Development Commission be waived. CLAIMS AND PAYROLL (6) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 30, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated January 5, 2000, 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. ORD. MC-I064 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.16.240 RELATING TO PARKING VEHICLES ON UNPAVED PARCELS OF REAL PROPERTY. (8) Council Member Anderson made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance No. MC-I064 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. EXECUTE CONTRACT CHANGE ORDER NO. ONE - CALIFORNIA COMMERCIAL POOLS - RENOVATION NUNEZ POOL - 1717 WEST FIFTH STREET - PLAN NO. 9943 (9) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that Contract Change Order No. One to the contract with California Commercial Pools be approved for various changes described in the staff report for a total Change Order amount of $18,598, increasing the contract total from $442,000.00 to $460,598.00. VACATION PORTION OF EAST/WEST ALLEY RESOLUTION DETERMINING FAIR MARKET VALUE - SET PUBLIC HEARING - PROPOSED SALE OF PROPERTY - 6 1/10/2000 EAST OF "F" STREET, BETWEEN 5TH AND 6TH STREETS (10) RES. 2000-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED EAST OF "F" STREET, BETWEEN 5TH AND 6TH STREETS AND RESERVING PUBLIC UTILITY EASEMENTS. (lOA) RES. 2000-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING THE FAIR MARKET VALUE AND SALES PRICE OF $1,500.00 AND DECLARING THE INTENTION OF THE CITY TO SELL A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF "F" STREET, BETWEEN 5TH AND 6TH STREETS IN THE CITY OF SAN BERNARDINO, TO THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (lOB) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolutions be adopted. Resolutions Nos. 2000-1 and 2000-2 were adopted by the following vote, Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RES. 2000-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429, ENTITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO). (11) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-3 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RESURFACING PROJECT - NORTON GALAXY/GYM TENNIS COURT COMPLEX - INCREASE PARK CONSTRUCTION BUDGET - $30,000 (12) 7 1/10/2000 Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated December 27,1999, wherein she requests Council to authorize the transfer of $30,000 from the undesignated Park Construction Fund balance to the Galaxy/Norton Gym Resurface/Renovate Tennis Courts Account for a total project amount of $50,000, so that the additional resurfacing work may be accomplished. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend and increase the 1999-2000 Park Construction budget by $30,000 in Account No. 243- 363-5504-7179 to fund the resurfacing of the North Galaxy/Gym Tennis Courts. Funds for this budget amendment will come from the Park Construction undesignated fund balance. REPORT TRANSFER OF FUNDS MODIFICATION OF EXISTING TRAFFIC INTERSECTION CALIFORNIA STREET & STREET DESIGN & SIGNAL BASE LINE (13) This item was approved by the Ways & Means Committee at their meeting of December 22, 1999. Council Member Anderson submitted a staff report dated December 22, 1999, wherein she requests that a report regarding the transfer of funds for the design and modification of an existing traffic signal at the intersection of California and Base Line Streets be received and filed, and that staff be directed to develop a Memorandum of Understanding among Fourth Street Rock, the San Bernardino City Unified School District, and the City of San Bernardino, for the design and construction of Phase I of State Street. Council Member Miller made a motion, seconded by Council Member McGinnis, and unanimously carried, that the report regarding transfer of funds for the design and modification of existing traffic signal at the intersection of California Street and Base Line Street be received and filed; and that the City Attorney be directed to develop a Memorandum of Understanding between Fourth Street Rock, the San Bernardino City Unified School District, and the City of San Bernardino for the design and construction of Phase I of State Street. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.131 TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE PROGRAM. (First) (15) 8 1/10/2000 City Administrator Wilson indicated that this is the second in a set of business recruitment incentives that was considered by the Legislative Review Committee and sent to the full Council for approval. The first incentive was the Development Fee Impact Reduction Program. Mr. Wilson indicated that if a new business creates between 5 and 49 new jobs, paying $25,000 or more per year, the program pays half. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that said ordinance be laid over for final adoption. ADDITIONAL FUNDING CONVENTlON & VISITORS BUREAU - TO SUPPORT SAN BERNARDINO AREA YOUTH SPORTS ALLIANCE. (16) City Administrator Wilson submitted a staff report dated December 27, 1999, wherein he requested additional funding for the Convention and Visitors Bureau in the amount of $83,700. June Durr, Director of Marketing/Public Affairs, spoke about City image potential and requested that Council fund the program for one year. Steve Henthorn, Executive Director of the Convention and Visitors Bureau, indicated that the primary goal is to attract visitors to the City of San Bernardino. He indicated that they have identified youth sports as the City of San Bernardino's niche. Council Member Suarez indicated that he is on the Board of the Convention and Visitors Bureau and would abstain from voting. COUNCIL MEMBER SUAREZ EXCUSED At 9:54 a.m., Council Member Suarez left the Council meeting. Council Member Anderson made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve the additional funding for the Convention and Visitors Bureau in the amount of $83,700 for FY 1999-2000; and that the Director of Finance be authorized to amend the FY 1999-2000 budget and appropriate $83,700 from the General Fund's unreserved/undesignated fund balance to 001- 092-5505 (Non-Departmental Professional/Contractual). The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Abstain: Council Member Suarez. Absent: None. 9 1/10/2000 AUTHORIZE CITY ATTORNEY TO JOIN AMICUS BRIEF IN THE CASE OF ALEJO V. CITY OF ALHAMBRA (171 City Attorney Penman submitted a report dated January 5, 2000, wherein he requests authorization to send a letter to the California Supreme Court in support of the City of Alhambra's Petition for Review of Alejo v. City of Alhambra and join in the amicus brief in support of the City of Alhambra. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the City of San Bernardino send a letter to the California Supreme Court supporting the Petition for Review in Alejo v. City of Alhambra, and, if Petition granted, to join in amicus brief. COUNCIL MEMBER SUAREZ RETURNED At 9:56 a.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. PUBLIC HEARING - ORDERING THE VACATION PORTION OF PUMALO STREET, EAST OF DEL AVENUE. OF A ROSA (141 RES. 2000-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF PUMALO STREET, EAST OF DEL ROSA AVENUE. Development Services Director Michael E. Hays, submitted a staff report dated December 14, 1999, wherein he requests a public hearing and adoption of a resolution ordering the vacation of a portion of Pumalo Street, east of Del Rosa Avenue. Mayor Valles opened the hearing. There were no public comments. Council Member Miller made a motion, seconded by Council Member Anderson, that the public hearing be closed and the Findings of Fact, as set forth in the Staff Report from the Director of Development Services, as to why a portion of Pumalo Street, east of Del Rosa Avenue, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. 10 1/10/2000 The motion carried and resolution No. 2000-4 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE USE OF PROPERTY - SAN BERNARDINO JUNIOR ALL-AMERICAN YOUTH FOOTBALL - 1244 WEST NINTH STREET - $1 ANNUALLY. (18) Council Member Anderson submitted a staff report dated December 28, 1999, wherein she requests Council to grant use of property located at 1244 West Ninth Street, to the San Bernardino Junior All-American Youth Football, at the rate of $1.00 annually. Council Member Anderson indicated this is a group of men that have dedicated their time and skills to supervise a contact football sports program for youth in the City's Westside. Council Member Miller made a motion, seconded by Council Member Suarez, that San Bernardino Junior All-American Football be granted the use of property located at 1244 West Ninth Street at the rate of$1.00 (one dollar) annually. Discussion ensued regarding the lease. City Administrator Wilson requested that staff come back with a revised lease to reflect: 1. The rate, 2; The terms; and, 3. Resolution of issues regarding insurance. Council Member Miller withdrew her motion. Council Member Miller made a motion to continue to the next Council meeting. The motion failed for lack of a second. City Attorney Penman recommended that Council go with the $1 a year lease and then an amendment can be made to the lease, or a new lease negotiated for a longer period of time. He requested a vote as to the use of the property at the rate of $1 a year annually. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that San Bernardino Junior All-American Football be granted the use of property located at 1244 West Ninth Street at the rate of $1.00 (one dollar) annually; that the City Attorney prepare an amendment to the lease to reflect same, the term of the lease and insurance, and that payments for the months of November and December 1999, and January 2000, be forgiven; and that 11 1/10/2000 the matter be continued to the Mayor and Council meeting of January 24, 2000. Michael Lewis, President of the San Bernardino Chapter of Junior All-American Football, stated the program has been active for 35 years. They not only support the westside, but the whole City, as well. Their program encourages youth to excel in sportsmanship, citizenship, academic achievement, fellowship, etc. RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING AND COMMEMORATING THE HISTORICAL SIGNIFICANCE OF THE RIVER RED GUM EUCALYPTUS TREE LOCATED AT 1850 WATERMAN AVENUE. (19) Council Member Lien discussed the history of the eucalyptus tree at 1850 N. Waterman Avenue. She indicated there was no way to save the tree, although there was an effort made to do so. She would like a new tree in its place and have the River Red Gum Eucalyptus tree site designated as historically significant. An appropriate commemorative plaque could be prepared and placed at the location. She requested that this matter be tabled so that further research into the history of the tree can be completed. Robert Rego, 607 E. 20th Street, San Bernardino, stated it was an honor to participate in this project, giving him an opportunity to make it a more attractive community. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be tabled. RES. 2000-5 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF SB 984 ESTABLISHING MARCH 31ST, CESAR CHAVEZ'S BIRTHDAY, AS A STATEWIDE HOLIDAY. (20) Teri Rubi, Chief of Staff, Mayor's Office, submitted a staff report dated January 5, 2000, requesting support of SB 984, which establishes March 31, Cesar Chavez' birthday, as a statewide holiday. Council Member Estrada commented on her work with Cesar Chavez during 1971 and 1972. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that said resolution be adopted. 12 1/10/2000 The following persons spoke in favor of the resolution: Gil Navarro, President of the California Parents Association. Pamela Lee Bailey Shimizu, Native American. Dee Ortega, Regional Director for the Mexican American Political Association. Resolution No. 2000-5 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 10:34 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 10:41 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from July 21,1999) (21) Development Services Director Michael E. Hays, submitted a staff report wherein he requests a continuance of Final Map for Tentative Tract No. 14193 - southeast corner of Ohio and Olive Avenues. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the approval of the Final Map for Tentative Tract No. 14193 be continued to the Mayor and Council meeting of February 22,2000. 13 1/10/2000 RES. 2000-6 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIGNAL MAINTENANCE, INC. FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF TIPPECANOE AVENUE AND LAURELWOOD DRIVE PER PLAN NO. 10012. (Continued from December 6, 1999) (22) Council Member McGinnis made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 2000-6 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352,97-357, 1999-197 AND 1999-198. (23) 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) (Sl) City Attorney Penman requested that Council recess to closed session on Items 23 and SI under 1. B., significant exposure to litigation. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting, page ) (1) At 10:43 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session. 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also Present: Deputy City Attorneys Easland and Banac. 14 1/10/2000 CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 10:47 a.m., City Attorney Penman and City Administrator Wilson left the closed session. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON RETURNED At 10:51 a.m., City Attorney Penman and City Administrator Wilson returned to the closed session. ADJOURN CLOSED SESSION At 11:05 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11 :05 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97- 352,97-357,1999-197 AND 1999-198. (23) 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) (Sl) Council Member Suarez made a motion, seconded by Council Member Miller that Agenda Items No. 23 and SI be continued to the meeting of January 24, 2000. MEETING WITH DAVID TURCH & ASSOCIATES, IN CONJUNCTION WITH THE LEGISLATIVE ADVOCACY PROGRAM - FEDERAL LEVEL (NB1) 15 1/10/2000 Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the meeting with David Turch & Associates be approved. RECESS MEETING At 11:07 a.m., Mayor Valles recessed the meeting to 12 noon at the Management Information Center, 6th Floor, City Hall - for a luncheon workshop - Strategic Education Service, State representatives regarding legislative advocacy program for the upcoming year. RECONVENE MEETING At 11 :57 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino in the Management Information Center, 6th Floor, 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Also Present: Senior Assistant City Attorney Carlyle; Deputy City Attorney Banac;, Economic Development Agency Executive Director Van Osdel; Teri Rubi, Chief of Staff, Mayor's Office; Lori Sassoon, Assistant to the City Administrator; Bill Chavez and Chuck Bader, Strategic Education Services LUNCHEON WORKSHOP - 12:00 NOON - MANAGEMENT INFORMATION CENTER, 6TH FLOOR, CITY HALL STRATEGIC EDUCATION SERVICE, STATE REPRESENTATIVES REGARDING LEGISLATIVE ADVOCACY PROGRAM FOR THE UPCOMING YEAR. (241 Bill Chavez, President of Strategic Education Services gave an overview of the State budget and briefed the Mayor and Common Council on various projects and issues. Chuck Bader indicated that he had met with our State legislators about issues of importance to the City. Discussion ensued relative to various issues. No action was taken. 16 1/10/2000 ADJOURN LUNCHEON WORKSHOP At 2:06 p.m., the luncheon workshop adjourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. RECONVENE MEETING At 2:06 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY /SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:06 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. COUNCIL MEMBER SCHNETZ EXCUSED At 2:08 p.m., Council Member Schnetz indicated that he had a conflict of interest with this agenda item and left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 2:00 p.m., City Attorney Penman indicated that he, too, had a conflict of interest with this agenda item and left the Council meeting. He was replaced by Senior Assistant City Attorney Carlyle. 17 1/10/2000 RES. 2000-7 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING AN APPLICATION FOR A SECTION 108 LOAN GUARANTEE FUNDING IN THE AMOUNT OF $1,840,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (R25) Ron Winkler, Director of the Development Department stated that the proposed development involves the acquisition and renovation of the State Office Building at 303 West 3rd Street. A purchase agreement for building acquisition has been negotiated with the State, together with an option to acquire an additional parcel for needed parking. The building requires seismic treatment and removal of asbestos and soil contaminants, as well as tenant improvements, before it can be placed into productive use. Condition of the adjacent parcel is unknown at this time. This is the result of several months' effort. Agency assistance is requested in the form of a Section 108 loan from the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,840,000. To mitigate against risk, it is proposed the monies be released under two separate loan agreements. Discussion ensued regarding funding and impact on the present State Building. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-7 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Abstain: Council Member Schnetz. Absent:: Council Member Miller. Council Member McGinnis requested a list of projects that fall under Section 108. Mr. Winkler complied, indicating that the Westside Plaza (went into default), the Harris Loan, the Cinemastar Project and the 40th Street project (which has not been drawn on yet), fall under Section 108. Council Member Estrada requested a list, in writing, of projects financed with Section 108 funding. 18 1/10/2000 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY (IVDA) IN THE AMOUNT OF $120,000. (R26) SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:22 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. Economic Development Agency Executive Director Van Osdel requested that this matter be continued to the meeting of January 24, 2000. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Common Council Meeting of January 24, 2000. COUNCIL MEMBER SCHNETZ RETURNED At 2:23 p.m., Council Member Schnetz returned to the Council meeting and took his place at the Council table. PUBLIC COMMENTS (27) John Stevens, 408 Pershing, San Bernardino, expressed his concern regarding the transport of nuclear waste. Jay Lindberg, 6340 Orange Knoll, San Bernardino, also expressed his concern about the transportation of nuclear waste. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting, pages 1-2) (1) At 2:30 p.m., the Mayor and Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Banks vs. City of San Bernardino, et al. - United States Court of Appeals - Ninth Circuit Case No. 97-56630 [CV-95- 333656 R (RMC); 19 1/10/2000 City of San Bernardino vs. Bice, et aI., San Bernardino Superior Court Case No. SCV SS59602; Ruthee Goldkorn vs. City of San Bernardino, et aI., U.S. District Court Case No. ED CV 98-42 RT (VAPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 2:30 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Banac, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel, Ron Winkler, Development Director, Economic Development Agency. 20 1/10/2000 ADJOURN CLOSED SESSION/MEETING (28) At 2:51 a.m., the closed session meeting was adjourned. The next regular joint meeting of the Mayor and Common Council and Community Development Commission will be held on Monday, January 24, 2000, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By: Y::aPddi-f/YJdJIJ)d~, ItJ J!uj t en Szendrodi Deputy City Clerk No. of Items: 31 No. of Hours: 6 21 1/10/2000