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HomeMy WebLinkAbout01-24-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 24, 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: 10 a.m., Monday, January 24, 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, Lien, Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman indicated that an additional item under 1 (B) - Anticipated Litigation - Colarossi Construction - would be discussed in closed session. RECESS MEETING - CLOSED SESSION (I) At 8:10 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a): Barbara Ortiz vs. The Citv of San Bernardino, et al. - United States District Court Case No. CV 99-02154 NM (Mex); Eddie Cramm vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 54562. 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. 1 1/24/2000 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 54956.8. G. Conference with real property negotiator - pursuant to Government Code Section 54957.6. CLOSED SESSION At 8: 10 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Easland and Banac, and Administrative Operations Supervisor Anderson, City Attorney's Office; Teri Rubi, Chief of Staff, Mayor's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Szendrodi read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed sessIOn. COUNCIL MEMBER MCGINNIS ARRIVED At 8: 11 a.m., Council Member McGinnis arrived at the closed sessIOn. 2 1/24/2000 SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:26 a.m., Senior Assistant City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO, DEVELOPMENT SERVICES DIRECTOR HAYS & CITY ENGINEER CASEY ARRIVED At 8:26 a.m., Deputy City Attorney Empeno, Development Services Director Hays and City Engineer Casey arrived at the closed session. ADJOURN CLOSED SESSION At 8:39 a.m., the closed sessIOn adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:07 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. INVOCATION The invocation was given by Jorge Carlos, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Carlos Salazar, third grader from Ramona-Alessandro School. APPOINTMENTS (2) Mavor Valles John Coute, Planning Commission (Alternate) Gary Saenz, Board of Library Trustees Council Member Schnetz Stephen Easley, Central City Parking Place Commission Herb Uffer, Senior Affairs Commission Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointments to the Planning Commission, Board of Library Trustees, Central City Parking 3 1/24/2000 Place Commission and Senior Affairs Commission, as recommended by Mayor Valles and Council Member Schnetz, be approved. PROCLAMATION - CENSUS 2000 (3) Mayor Valles presented a Proclamation to Frank Johnson, local Director of Census 2000, proclaiming January 21, 2000, as Census Complete Count Day. CERTlFICATE OF RECOGNITION - CHARLIE SEYMOUR (3) Mayor Valles presented Mr. Seymour with a Certificate of Recognition as one of ten national recipients to receive the 2000 Lewis Hines Award for Service to Children and Youth. CERTlFICATE OF APPRECIATION - DR. JUANITA SCOTT (3) Mayor Valles presented Dr. Scott with a Certificate of Appreciation for spearheading the Arrowhead United Way Campaign Drive at City Hall. LOCAL EVENTS - JUDI PENMAN (3) Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, announced the opening of the Rustic Inn on Kendall Drive. She discussed the installation dinner for the incoming president of the San Bernardino Area Chamber of Commerce, scheduled for January 27, at San Bernardino International Airport. A seminar will be conducted by Dave Batson, Purchasing Agent for the City, discussing request for proposals/bids for submittal to the City of San Bernardino. The seminar will be held at the Chamber of Commerce on February 8, at 7:30 a.m. On February 29, Mayor Valles will present the State of the City Address. The Governmental Affairs Committee will be meeting February 3, and will discuss retention of the Courthouse in the City of San Bernardino. The Black History Parade is scheduled for Saturday, February 5, and in the evening, the San Bernardino Symphony will be performing Music From Yesteryear at the California Theatre. SERVICE PIN A WARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City. 4 1/24/2000 Name Lori Sasson Jan Wages Gerald Porter Melanie Miller Carla Velarde Lorena Doswell Josie Nagy Thomas Adams Lester Kulikoff Robert McClelland Tony Page Benny Walton Joey Webb Sylvia Londean Department City Administration City Administration Management Information Systems City Clerk Parks, Recreation & Community Services Human Resources Human Resources Police Department Fire Department Fire Department Fire Department Fire Department Fire Department Finance Department Years of Service 5-year pin 5-year pin lO-year pin lO-year pin lO-year pin lO-year pin 25-year pin 15-year pin 25-year pin lO-year pin 15-year pin 25-year pin 15-year pin lO-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz indicated he had a dinner meeting with all of the Commissioners of the 4th Ward. He will be meeting with them on a quarterly basis to discuss issues affecting the 4th Ward and to receive their input. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien encouraged everyone to support Charlie Seymour and his worthy cause. Tickets are on sale for the Talent Show, featuring local politicians, to be held at the San Bernardino Valley College. She expressed her appreciation to the Police Department for smart policing. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller announced that the 7th Ward will have a clean-up day on Saturday, January 29. 5 1/24/2000 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez indicated that he has been meeting with presidents of cluster groups in his ward regarding issues affecting their ward and possible solutions that could alleviate same. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles requested a moment of silence III honor of Bill Harrison, who passed away last week. Mayor Valles reminded everyone that the 13th Annual Mayor's Ball is scheduled for February 12, at the Radisson Hotel. Proceeds will benefit the More Attractive Community Foundation. For tickets and additional information, call (909)888-3461. Mayor Valles reminded everyone that citizens have until February 7 to register to vote, for eligibility to vote in the March 7 presidential primary election. Mayor Valles stated that Jim Trelease will be at the Bing Wong Auditorium of the Feldheym Library on January 26, at 7:00 p.m., to kick off the San Bernardino Public Library's Year afthe Reader. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that the runoff election for the Seventh Ward will be held March 7, and indicated 50 campaign signs from one candidate were stolen off the lawns of residents in that ward. He stated that it is a misdemeanor to steal campaign signs. If you have any information, call (909)384-5355, or the Police Department. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson introduced John Cicirelli, the new Director of Animal Control. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark stated that March 7 is the presidential primary election, as well as the runoff election for the Seventh Ward Council seat. February 7 is the deadline to register to vote. Ms. Clark indicated she had an opportunity to go to the new Cinemastar Theatre and was most pleased to see the number of people in attendance. 6 1/24/2000 ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada congratulated staff for their success regarding grant applications for the rehabilitation of the Santa Fe Depot, raising $10 million to date. She congratulated Lori Sassoon for her work in this endeavor, as well as the engineering staff. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the full reading of the resolutions and ordinances on the regular, agenda of the Mayor and Common Council/Community Development Commission be waived. CLAIMS AND PAYROLL (6) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the claims and payroll and the authorization to issue warrants, as listed on the memorandum dated January 19, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated January 19, 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. CONTRACT CHANGE ORDER NOS. ONE AND TWO - SAFETY KLEEN - REMOVAL OF UNDERGROUND STORAGE TANKS - FIRE STATION NO.1. (11) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that Change Orders No. One and Two to the contract with Safety Kleen (CA), Inc., be approved for various changes described in the staff report for a total change order amount of $6,881.94, increasing the contract total from $25,348.00 to $32,229.94. 7 1/24/2000 RES. 2000-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY /PART-TIME EMPLOYEES, ENTITLED IN PART, A "RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN...." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (12) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the salary increases for the following Headstart/Preschool positions be approved, retroactive to September 1, 1999: Teacher Director from $13.62/hour to $14.03/hour; Teacher from $11.84 hour to $12.20/hour; Teacher Aide from $7.82/hour to $8.05/hour; and Typist Clerk from $7.82/hour to $8.05/hour; and that said resolution be adopted amending Resolution No. 6413, Section Thirteen to reflect this particular action. Resolution No. 2000-8 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RES. 2000-9 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM NOAH WASHINGTON, SPECIAL ADMINISTRATOR OF THE ESTATE OF VIOLA H. HYDER, DECEDENT, FOR PROPERTY LOCATED AT 1580 VIRGINIA STREET, SAN BERNARDINO, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (15) RES. 2000-10 - RESOLUTION OF' THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR RIGHT-OF-WAY FOR THE RAPID INFILTRATION/EXTRACTION FACILITY AND SANTA ANA REGIONAL INTERCEPTOR PIPELINES. (16) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolutions be adopted. Resolution Nos. 2000-9 and 2000-10 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. 8 1/24/2000 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. Final (8) Council Member Lien indicated that a number of issues have arisen concerning this proposed section, such as a penalty provision if a new business comes in and takes advantage of the City's rebate program for three years and then immediately leaves. She asked if it would be possible to require new businesses to employ citizens from the community. Robert Rego, 607 E. 20th Street, San Bernardino, California, stated that there are no provisions or incentives for businesses to stay after they have taken advantage of the programs the City is offering. His second concern is does the City provide an incentive to new businesses moving here if they hire from the community. A third concern is whether the City is reviewing businesses coming to San Bernardino and ensuring they will be a benefit to the community - what will the impact be to the community if they fold or leave. Lastly, what is the City doing to ensure that San Bernardino is not a dumping ground for failing businesses. Mayor Valles indicated that the City is working on a second plan for retention purposes that may address some of Mr. Rego's concerns. Council Member Lien made a motion, seconded by Council Member Suarez, that the matter be referred to the Legislative Review Committee and continued to the Mayor and Council meeting of February 7,2000. Mayor Valles questioned the legality of requiring a new business coming into the City to hire locally. City Attorney Penman indicated it would be difficult, but his office would research this, as well as the other issues that were raised. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. 9 1/24/2000 RES. 2000-11 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE 2001 TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM (TCSP) FOR THE PURPOSE OF DEVELOPING A SANTA FE DEPOT AREA PLAN. (9) Lori Sassoon, Assistant to the City Administrator, submitted a staff report dated January 6,2000, requesting authorization to submit a grant application for the 2001 Transportation and Community and System Preservation Pilot Program (TCSP) to develop a Santa Fe Depot Area Plan. Council Member McGinnis requested information on the Great American Station Foundation. City Administrator Wilson indicated they were a national non-profit organization that primarily serves as an information source. They are based in Washington, D.C. and are used extensively on projects of this nature. Mr. Wilson explained that the purpose of the grant is to explore the overall area and look at options. He indicated that there is a stakeholders committee, with a cross-section of members, such as Amtrak, Metrolink, SANBAG, to name a few. There are no financial commitments at this time. Discussion ensued regarding funding. Lori Sassoon, Assistant to the City Administrator, indicated that the purpose of the TCSP Grant is to develop a plan concerning the use of the areas surrounding the Depot. The City has received signed letters of commitment from project partners, who wish to participate in the planning process of this project. Council Member McGinnis requested copies of the letters. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-11 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. 10 1/24/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND WASHINGTON STREET AREA WITHOUT COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1025; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (10) City Attorney Penman indicated that this matter is not ready to proceed and several issues must be dealt with before a public hearing can be held. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of February 7, 2000. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STEWARD DEVELOPMENT TO LEASE CERTAIN REAL PROPERTY FOR THE AREA "D" COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 91-268. (141 Lee Dean, Chief of Police, submitted a staff report dated January 20, 2000, prepared by Wayne Harp, Assistant Chief of Police, requesting approval of a resolution authorizing the execution of an agreement with Steward Development to lease certain real property for the Area "D" Community Service Office and repealing Resolution No. 91-268. Council Member Lien indicated that there were several speakers on this item and she wished them to be heard first. Pamela Dart, representative of the Galison Family Trust, requested that Council continue or postpone any decision to move the Police Department from the shopping center. She would like to set up a meeting with the Police Department to discuss expanding their existing quarters. 11 1/24/2000 Mr. Sutherland, a member of the Baseline Business Association, is concerned about the move to Area "D," and indicated that their presence in the Baseline area has been a deterrent to crime. Robert Rego, 607 E. 20th Street, San Bernardino, California, is concerned about the Community Service Office moving to Area "D." He feels that community involvement in the decision making process was non-existent. Mayor Valles indicated that the Police Department has been looking at other locations on Baseline and has, in fact, asked several people to assist them in finding a larger space. It is not a matter that they want to leave, it is a matter of finding a larger space, and they have not been successful in locating larger quarters the Baseline area. Chief Dean indicated that the Police Department is not opposed to the two-week continuation, but the issue is that they must move or expand, they have no other options. Lt. Jennifer Aragon, eXplained the reasons for the proposed move and discussed their search for a suitable location. She indicated they eventually found a location in the Marshall Plaza Shopping Center that would be suitable for their operation. She indicated that service will not diminish due to the move. Council Member Schnetz asked for the boundaries of Area "D." Lt. Aragon indicated that the boundaries ran from Rialto Avenue up to Magnolia/16th Street and from Waterman Avenue to the 1-215. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of February 7,2000. DECLARE DEFAULT BY CONTRACTOR - COLAROSSI CONSTRUCTION - CANCEL CONTRACT - INSTALLATION OF STREET TREES - HlGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE - PLAN NO. 9845 (17) Development Services Director Michael E. Hays submitted a staff report dated January 18,2000, wherein he requested that the Mayor and Council declare Colarossi Construction in default and cancel the contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications for project "Installation of Streetscaping on Highland Avenue from "E" Street to Waterman Avenue per Plan No. 9845." 12 1/24/2000 Ray Casey, City Engineer, indicated that this was a project authorized August 2, 1999, with a Notice to Proceed given to Colarossi Construction on August 27, 1999. Shortly thereafter, the contractor encountered a 9 inch to 10 inch thick layer of asphalt concrete pavement and subsequent to that, a 6 inch thick layer of concrete underneath the asphalt concrete pavement. This was not shown on the plans and appeared to affect the entire reach of the project. Colarossi Construction immediately stopped work and verbally requested a change order to compensate them for the extra cost incurred due to "Changed Conditions" under Section 3-4 of the Standard Specifications. Staff met with the contractor to expedite the project. The contractor resumed work, but staff found that the rate of trenching was substantially less than the performance goal of 300 linear feet per day. They resumed work again on November 1, 1999, and worked continuously until December 29, 1999, when the contractor, without notice to the city, left the project. Staff deemed the project abandoned and notified the contractor of such. The contractor returned to the job site and resumed work on January 12, 2000. Staff finds that the contractor's performance falls far short of the mutually agreed goal of 300 linear feet per day. Anthony Colarossi, 7600 Reche Canyon Road, Colton, California, gave a brief summary of his credentials. Mr. Colarossi discussed, at length, the project and the problems he encountered, as well as the remedies he applied to correct them, from the start of the project in August 1999 up to January 2000. He discussed the expenses he incurred and the equipment that had to be replaced. Mayor Valles asked Mr. Colarossi if he had his presentation In writing or if it could be put in writing. Mr. Colarossi indicated he was almost finished with his presentation and wished to continue. He felt his organization was in compliance and acting in good faith. He indicated they are not insolvent. He felt that the City abandoned the project and has not acted in good faith and that the statements in the staff report were lies and misleading. Discussion ensued with Mr. Colarossi regarding statements attributed to Michael Grubbs, Senior Civil Engineer for the City. Dwight Reilly, of Crosby Insurance, Inc., is the agent for the Colarossi family. He indicated he has been writing bonds for contractors for fifteen years. This is the first time he has had a client in default. He described his understanding of what occurred with this project.. 13 1/24/2000 Mr. Penman asked Mr. Reilly if his company provided the bond for this project and Mr. Reilly indicated yes, he is the agent for First National Insurance Company. Blake Hudson, Attorney for Colarossi Construction, indicated he is requesting that Council continue the matter for two weeks. He stated that this is a complicated situation. He is working with the bonding company counsel, and they are willing to sit down with staff to discuss this matter. Mr. Rob Niesley, an attorney representing the bond company, First National Insurance Company, requested a two week continuance. The surety claim department had just become involved in the last couple of weeks, as they thought the problems were being worked out. He would like to receive documentation on this matter and meet with the Public Works Department to work through the problems before a termination occurs, which could permanently affect the Colarossi's business. Council Member Suarez made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be continued to the Mayor and Council meeting of February 7,2000. AUTHORIZE USE OF PROPERTY - 1244 WEST NINTH STREET - $1.00 ANNUALLY - SAN BERNARDINO JUNIOR ALL-AMERICAN YOUTH FOOTBALL (Continued from January 10, 2000) (18) RES. 2000-12 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL- AMERICAN FOOTBALL FOR THE PROPERTY LOCATED AT 1244 WEST NINTH STREET. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-12 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. 14 1/24/2000 RES. 2000-13 - 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. (Continued From January 10, 2000) (19) RES. 2000-14 - 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. (20) Council Member Miller made a motion, seconded by Council Member Anderson that said resolutions be adopted. Resolution Nos. 2000-13 and 2000-14 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 10:58 a.m., Mayor Valles recessed the meeting to the Board Room of the Economic Development Agency, for a luncheon workshop. RECONVENE MEETING At 11 :40 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission, in the Economic Development Agency Board Room, 201 North "E" 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Also Present: Charter Revision Committee Members Jim Morris, David Jones, Facilitator, Tom Pierce, Freddie Spellacy, Micaela Cruz, Darren Kettle, Ruth Mercer, Chuck Christie, George Theios, David Schulze, Marion Vassilakos, Wallace Green, Rabbi Cohn, Howard Leidner, G. Harold DuffY, Manfred Gildner. 15 1/24/2000 LUNCHEON WORKSHOP REVIEW OBJECTIVES & PROCEDURES - CHARTER REVISION COMMITTEE (21) Mayor Valles reviewed the objectives and procedures of the workshop, indicating to the Council that they are major shareholders in the Charter revision process. An overview of the Charter Revision Committee was presented by various committee members, covering topics such as key decisions, the Charter Subcommittees (Personnel, Commissions, Governance, Elected Representation, Modernization), and the guiding principles. Discussion item only - no action taken. ADJOURN LUNCHEON WORKSHOP At 2:14 p.m., the luncheon workshop adjourned to 2:30 p.m., m the Council Chambers of City Hall. RECONVENE MEETING At 2:30 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel, Economic Development Agency Special Counsel Sabo, City Clerk Clark. 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 2:30 p.m., Mayor 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 MILLER ARRIVED At 2:32 p.m., Council Member Miller arrived at the Council meeting and took her place at the Council table. 16 1/24/2000 RES. 2000-15 - 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. (Continued from January 10, 2000) (R22) Maggie Pacheco, Director, Housing & Community Development, discussed the $120,000 Community Development Block Grant (CDBG) loan between the City of San Bernardino and the Inland Valley Development Agency (IVDA). She indicated that the purpose of the loan is to rehabilitate Building 932, at the former Norton Air Force Base. Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-15 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays. None. Absent: None. RES. 2000-16 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE HOME AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., (NHSIE) IN THE AMOUNT OF $80,000 - COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) ACTIVITIES - HOME FEDERAL PROGRAM. (R23) Maggie Pacheco, Director of Housing & Community Development, discussed the HOME Agreement. She indicated that the City and Neighborhood Housing Services of the Inland Empire have established a partnership to carry out housing services to the community. Some of the services offered include administration of the Mobile Home Handyworker Program, the Owner Occupied Rehabilitation Program, development of the City's first Youth build Housing Project on Magnolia Avenue and operation of the City's Homebuyer Education Program. The allocation of the $80,000 to Neighborhood Housing Services is to enable them to grow in the area of real estate and development. Council Member Lien made a motion, seconded by Council Member Miller, that said resolution be adopted. 17 1/24/2000 Jim Brunetti, Director of Construction and Rehabilitation for Neighborhood Housing Services of the Inland Empire, Inc., explained how the youth in the program are selected and what their participation entails. Resolution No. 2000-16 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. RES. 2000-17 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE HOME AGREEMENT DATED MAY 17, 1999, BY AND BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., (NHSIE) INCREASING THE COMPENSATION (SECTION II) BY $200,000, AND EXTENDING THE TIME FOR PERFORMANCE FOR THE PROGRAM - MOBILE HOME HANDYWORKER PROGRAM (R24) Maggie Pacheco, Director of Housing & Community Development discussed the amendment to the HOME Agreement, indicating the Handyworker Program is critical to the City's obligation to enforce the State mandated Title 25 Mobile Home Park Act. Prior allocated funds have been exhausted. Staff is requesting an additional $200,000 to be allocated to Neighborhood Housing Services Of The Inland Empire, Inc., (NHSIE) for the Mobile Home Handyworker Program. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-17 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. CHANGE ORDER - CALIFORNIA THEATRE (R25) Anne Harris, Director, Business Recruitment, Retention & Revitalization, submitted a staff report dated January 10, 2000, which discussed the rehabilitation of the California Theatre, indicating that a contract in the amount of $310,959 was awarded to TNT Constructors Inc., to accomplish the following: Replace roof, paint the exterior of the building, repair the historical neon signage, make the box office contiguous with the building, install a fire alarm pull and a microphone system, provide ventilation to the public and backstage restrooms, install 18 1/24/2000 new floors in the public restrooms. During the rehabilitation process, unforeseen repairs were encountered amounting to $56,852.17. Discussion followed regarding funds appropriated for rehabilitation of the theatre in the past. Bob Neves, Barrier Free Consulting, discussed several issues that affect the handicapped, especially the lack of, or availability of seating for the handicapped. He requested that the provisions that are now in place regarding access for the handicapped, be enforced. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Community Development Commission approve a change order to the contract with TNT Constructors Inc., (Contract #3847) in the amount of $56,852.17 for additional improvements to the California Theatre. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND SOUTHWESTERN SECURITY FOR METRO LINK SECURITY SERVICES. (R26) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of February 7,2000. RES. CDC/2000-1 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT, AND AUTHORIZING EXECUTION THEREOF, WITH THE COUNTY OF SAN BERNARDINO FOR THE APPORTIONMENT OF PROPERTY TAXES TO THE SAN BERNARDINO REDEVELOPMENT AGENCY. (R27) Barbara Lindseth, Administrative Services Director, indicated that the intent of this agreement is to provide to the Agency the property tax apportionments in the current fiscal year and, therefore, prevent cash flow fluctuations to the Agency. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. 19 1/24/2000 Resolution No. CDC/2000-1 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays. None. Absent: None. AMENDMENTS - REDEVELOPMENT PROJECT AREA PLAN - EMINENT DOMAIN (R28) Ronald E. Winkler, Director of Development Department, submitted a staff report dated January 18, 2000, wherein he stated that the Redevelopment Committee recommends that the Community Development Commission authorize the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and Meadowbrook Project Areas. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Community Development Commission authorize the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown, and Meadowbrook Project areas. RES. CDC/2000-2 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING AND ACCEPTING THE TERMINATION AGREEMENT (ALLAN STEWARD, INC.) (TRUCK WASH) BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ALLAN STEWARD, INC., AND ALLAN STEWARD, AN INDIVIDUAL. (R29) Ronald E. Winkler, Director, Development Department, stated that the Commission entered into an Owner Participation Agreement (OPA) with Allan Steward, Inc. in August of 1991, to acquire and remediate a contaminated property located on Hunts Lane. The loan provided Mr. Steward $440,000 for acquisition and site cleanup costs. In February of 1996, an amendment to the OPA provided Mr. Steward an additional 36 months to complete soil remediation work and 42 months to start development of the property. The 42-month period has passed and soil remediation work remains. Some predevelopment work has been initiated, but the requirements of pre-lease, permitting and financing remain to be satisfied. Consequently, Mr. Steward has been placed under notice of default. Staff has reviewed several remedies and recommends accepting a short pay of the loan and termination of the agreement. 20 1/24/2000 Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/2000-2 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None. PUBLIC COMMENTS (30) John Stevens, 497 Pershing Avenue, San Bernardino, California, discussed the hauling of nuclear waste through San Bernardino County. He indicated there is a website that can be accessed for further details: www.vuccamountain.org(. Bob Neves, Barrier Free Consulting, 2348 Sterling Avenue, San Bernardino, California, gave a brief summary of his credentials. Jay Lindberg, 6340 Orange Knoll, San Bernardino, California discussed the drug wars and indicated that Air America flies in drugs. Linda Berman, 619 East 9th Street, San Bernardino, California, stated that a body shop close to her residence is spewing paint fumes into the air. The body shop is located at 591 East 9th Street. She is concerned for the health of her children. ADJOURNMENT (31) At 3:31 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission will be held on Monday, February 7, 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: t; ~ ~fJ(jM)(U~ f/t_x1Jv Ca en M. Szendrod Deputy City Clerk No. of Items: 30 No. of Hours: 7.5 21 1/24/2000