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HomeMy WebLinkAbout10-02-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 2, 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 8:08 a.m., Monday, October 2,2000, 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, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman announced that the following case would be discussed in closed session: Rav Gonzales, Adolfo Arellano. Richard Robledo. Salvador Jiminez vs. the Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 54993. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 7 & 20) (1) At 8:08 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Cumming. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCVSS 66744; Henderson and Edgar vs. Economic Develonment Agencv. et al. - San Bernardino Superior Court Case No. SCVSS 16489; San Bernardino Hotel/Motel Association vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 46722. 1 10/212000 Citv of San Bernardino Municinal Water Denartment vs. The United States Denartment of the Armv - United States District Court Case No. CV 96-8867 consolidated with CV 96-5205. 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. Extension of Contract Glenn Baude, Code Compliance Director E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public 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 8:09 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 Attorney Easland, Administrative Operations Supervisor Anderson, City Attorney's Office. 2 10/2/2000 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned to the Council Chambers of City HaiL RECONVENE MEETING At 9:03 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Developmem 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; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Father Patricio Guillen of Libreria del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. APPOINTMENTS FIRE COMMISSION & BUREAU OF FRANCHISES - MAYOR V ALLES & COUNCIL MEMBER LIEN (2) Mayor Valles submitted staff reports dated September 25, 2000, recommending Beronica Martindale, her appointee to the Bureau of Franchises, and Ray H. Schaffer, Jr., to the Fire Commission, as requested by Council Member Lien. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments of Ray H. Schaffer, Jr. to the Fire Commission and Beronica Martindale to the Bureau of Franchises, as requested by Council Member Lien and Mayor Valles, be approved. 3 10/2/2000 PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 7-14, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring October 7-14, 2000, Fire Prevention Week in the City of San Bernardino. Fire Marshall Preciado and Fire Chief Pitzer accepted the proclamation. PROCLAMATION - SENIOR OLYMPIC GAMES WEEK - OCTOBER 6-14,2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring October 6-14,2000, Senior Olympic Games Week in the City of San Bernardino. Oscar Perrier, Senior Recreation Supervisor, accepted the proclamation. ANNOUNCEMENTS - LARRY QUlEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced various events taking place in San Bernardino including an Exporting Seminar at the Chamber on October 10; the Fall Business Expo at Inland Center Mall on October 20 and 21; Red Ribbon Week October 23-31; Red Ribbon Breakfast on October 23; Red Ribbon Week Parade on October 28; and the 2nd Annual Inland Action Conference on November 9, 2000. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack stated that she attended the Sheriff's Department Benefit Rodeo and was pleased to see the level of support of local businesses; thanked the Mayor for speaking at the Highland Avenue Business Association; stated that she attended her first meeting of the Emmerton Collaborative Group, which is made up of representatives from City and County agencies who help needy families of students who attend Emmerton Elementary School in the Arden Guthrie area; thanked the efforts of the Dr. Nag Neighborhood Association; and congratulated the Code Compliance Division and Glenn Baude, the Police and Fire Departments, and the City Attorney's Office, for their efforts in proceeding to shut down the unsafe, illegal housing of parolees living in the City. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez stated that he attended the awards dinner held by the Mexican Consul and congratulated Father Guillen, who received an award; attended the first AU Baseball Team meeting at Blair Park; announced the Soap Box Derby Rally will be held at the Western Regional Little League Field on October 14 and 15; met 4 10/2/2000 with Tracy Lynn regarding park and school safety issues; and attended an International Council dinner honoring the Chinese community at Sturges Center. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis announced that he also attended the Sheriff's Department Benefit Rodeo and commended Stater Bros. market on their City and community involvement; and attended the Miniature Race Rally at Inland Center Mall. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien thanked Evelyn Wilson of the Perris Hill Neighborhood Association for applying for and receiving a grant for 30 new trees that were planted in the Second Ward; and announced that the First Annual Conference of the Water Resources Institute entitled, "The Future of Water in the Inland Empire," will be held at California State University San Bernardino on October 13, 2000. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that a reception was held at Casa Ramona honoring Alfredo Gonzalez; and announced that the Mt. Vernon Project Area Committee has been meeting for several months and will be scheduling some community meetings to discuss the Santa Fe Depot Rehabilitation Project, the Mt. Vernon Bridge Project, Yellow Freight, and the Norton Air Force Base project. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that on October 17, the Redevelopment Agency and the 40'h Street Project Area Committee will hold a meeting to receive public input on a visual preference survey, the results of which will be used to create architectural guidelines for future development along the 40'h Street Redevelopment Project Area. ANNOUNCEMENTS - MA YOR VALLES (4) Mayor Valles congratulated Mexican Consul Juan Salgado and his staff, the Inland Empire Hispanic Chamber of Commerce, and all who collaborated to sponsor the first "Semana de Mexico" in San Bernardino. Mayor Valles stated that what she found especially heartwarming were the 200 students who traveled from Baja California to exchange flags of friendship with the schools of the Inland Empire including Shandin Hills Middle School; and encouraged the audience to visit City Hall and look at the model of the Santa Fe Depot on display in the lobby and built by Don and Marietta White. The Mayor stated that negotiations are proceeding with Hillwood Strategic Services, whose consultants are preparing a master vision for all the land within the City's boundaries to create a development that will match and enhance the goals of the 5 10/2/2000 City and replicate the economic engine and job base that was once Norton Air Force Base, and have included environmental aesthetic and image enhancements designed to create a complex superior to anything that has previously existed. The Mayor also noted that the City has received a deed from the Air Force to proceed with the next level of demolitions including the officer housing at Tippecanoe and Third. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that he attended the 35th Reunion of Pacific High School Class of 1965 at the Hilton hotel; announced that Riverside County is using the action taken by Mayor Valles banning rave activities in San Bernardino as a model; and commented on the court-ordered inspection and abatement at 757 North "H" Street, an unlicensed, unreported facility that contained 45 parolees living in unsafe conditions. Mr. Penman submitted correspondence dated September 29, 2000, from Deputy City Attorney Bryant to Denise Schmit, Board of Prison Terms, notifying them that the facility was in violation of the Development Code. Mayor Valles stated that it was important that everyone work together to resolve the parolee issue. She indicated that the Chief of Police has been working closely with Assemblyman Leonard's office and the State Corrections Office and has recommended: 1) that the City notify the State Parole Board in writing that congregate living for parolees is not permitted in the City of San Bernardino referencing locations where search warrants have already been served; 2) that the Police Department's Parolee Coordinator will continue efforts to locate sites where congregate living of parolees is occurring; 3) that the Police Department will work with the Parole Department to abate these locations; and 4) that City Departments will employ administrative inspections and search warrants to abate Municipal Code violations and unsafe living conditions at these locations. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that in addition to awarding a contract for inspection services relating to asbestos abatement at the Santa Fe Depot, the City is also in the process of evaluating proposals for the architectural and design work and is in the process of reviewing specifications to award a contract for the hazardous waste cleanup of the facility. Mr. Wilson stated that the restoration of the Depot was a priority and he hoped to have more information in terms of the time lines of the project after the first of the year. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark reminded the audience that Tuesday, October 10, 2000, was the last day to register to vote for the November election; that staff would be available in the lobby of City Hall until 10 p.m.; and the Registrar of Voters' Office would remain open until midnight. 6 10/2/2000 CLOSED SESSION ANNOUNCEMENT (Discussed earlier in the meeting - pages 1-2 & 20) (lD) City Clerk Clark reported that in closed session, Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that the amendment to the employment agreement with Glenn Baude, Code Compliance Director, be approved at Salary Range 4547, Step 16. CITY CLERK CLARK EXCUSED At 10:03 a.m., City Clerk Clark left the Council meeting and was replaced by Deputy City Clerk Medina. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (S) Council Member Anderson made a motion. seconded by Council Member Suarez, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: August 4, 2000; and August 21, 2000. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 27, 2000, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated September 27, 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. 7 10/2/2000 ORD. MC-I088 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.17.01OC OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ANIMAL CONTROL COMMISSION. (9) Council Member Anderson made a motion. seconded by Council Member Suarez, that said ordinance be adopted. Ordinance No. MC-1088 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays: None. Absent: None. RES. 2000-294 - RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $50,000 FROM SAN BERNARDINO COUNTY EMERGENCY FOOD & SHELTER PROGRAM LOCAL BOARD FEMA XIX FOR THE ADMINISTRATION OF FOOD & SHELTER PROGRAM FOR AT- RISK FAMILIES THROUGH THE WESTSIDE COMMUNITY CENTER. (19) RES. 2000-29S - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 2000. (22) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-294 and 2000-295 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. COUNCIL MEMBER LIEN EXCUSED At 10: 19 a.m., Council Member Lien left the Council meeting. WAIVE FEES - RED RIBBON WEEK PARADE & ACTIVITIES - OCTOBER 28, 2000 (10) Fred Wilson, City Administrator, submitted a staff report dated September 22, 2000, regarding the request for waiver of fees for the Red Ribbon Week Parade and Activities on October 28, 2000. 8 10/2/2000 Council Member McGinnis stated that there seemed to be several requests lately to waive various fees, and asked why the City should waive the fees for this event. Mr. Wilson stated that several requests are from non-profit organizations and the monies are used to cover personnel fees and equipment costs associated with the particular event. Council Member McCammack requested that in the future, all non-profit organizations requesting a waiver of fees provide the necessary information including a cost breakdown of the event and additional sources of funding. The following individuals spoke regarding Red Ribbon Week activities: Joan Harter, Alcohol and Drug Studies Program, San Bernardino Valley College, 701 S. Mt. Vernon, San Bernardino, CA, stated that the committee has received in-kind contributions totaling approximately $60,000, and have raised an additional $11,000. Donna Langtry, 2828 N. Sierra Way, San Bernardino, CA, stated that the parade was an important event for the City. Melodee Lopez, 351 N. Mt. View, San Bernardino, CA, coordinator of Fun Quest 2000, stated that the event will benefit the City by bringing in people to participate in events for the entire family including a farmer's market, pumpkin patch, and health fair, all of which will be free of charge. Kay Adkins, Red Ribbon Executive Committee Member, 505 N. Arrowhead Ave., Suite 500, San Bernardino, CA, stated that thousands of people are expected to attend the various events. Kay Wachuku, 1123 Echo Drive, San Bernardino, CA, stated that this year the Multi-Cultural Family Festival was added in order to encourage more family involvement, and urged the City to help make October 28 a great day. Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the request for a waiver of fees in the amount of $6,980 for facility, personnel and equipment costs associated with the Red Ribbon Week Parade and activities on October 28, 2000, be approved. 9 10/2/2000 RES. 2000-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO EARTH TECH, A TYCO INTERNATIONAL LTD COMPANY, TO PREPARE PLANS FOR PROFESSIONAL ENVIRONMENTAL INSPECTION SERVICES FOR LEAD-BASED PAINT, ASBESTOS, PCB ABATEMENT, AND CLEAN UP OF THE SAN BERNARDINO SANTA FE DEPOT. (11) Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-296 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-297 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAVID T. WASDEN, INC., FOR INSTALLATION OF STORM DRAIN IMPROVEMENTS ON "E" STREET FROM 4TH STREET TO 5TH STREET. AND PAVEMENT REHABILITATION ON "E" STREET FROM 4TH STREET TO 6TH STREET PER PLAN NO. 10048. (12) City Administrator Wilson stated that the Capital Improvement Program (CIP) laid out the priorities for street improvements and the City chooses the areas most in need of replacement. This year, a Pavement Management Plan will help the City get a better feel for needs on a citywide basis. Council Member Anderson suggested that in the future, wards recelvlllg a special grant for street improvements should be exempt from participating in the overall funding allocation as noted in the Capital Improvement Program (CIP) budget. Council Member McGinnis made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-297 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (2000-2005) FOR MEASURE "I" LOCAL EXPENDITURES. (13) 10 10/212000 Council Member Anderson made a motion. seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-298 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. REFUND FEE - FAITH TEMPLE APOSTOLIC CHURCH, INC. (14) William Woolard, Interim Director of Development Services, submitted a staff report dated September 13, 2000, regarding a fee refund for Faith Temple Apostolic Church, Inc. Council Member McGinnis felt it was unfair that some organizations paid a fee and some did not, and recommended that non-profit organizations not be required to pay a fee. City Attorney Penman advised that federal law states that non-profit organizations should be treated the same as any other business in the City, stating that the thought may have been that some organizations would apply for a refund and some organizations would not. Council Member Suarez made a motion, seconded by Council Member Estrada, that the Mayor and Common Council refund the Temporary Use Permit and Fire Department fees in the amount of $440.51 for a church revival held in conjunction with Faith Temple Apostolic Church. The motion carried by the following Schnetz, Suarez, Anderson, McCammack. Absent: Council Member Lien. vote: Ayes: Council Members Estrada, Nays: Council Member McGinnis. ESTABLISH SALARIES - FIRE DEPARTMENT RANGES P-l, P-2, P-3, & P-4 - EFFECTIVE AUGUST 1, 2000 (IS) Ed Raya, Director of Human Resources, submitted a staff report dated September 25, 2000, regarding the establishment of salaries for Fire Department Ranges P-l, P-2, P-3 and P-4, effective August 1, 2000. Council Member Schnetz made a motion. seconded by Council Member Estrada, and unanimously carried, that the salaries for Fire Department Ranges PI (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), P-4 (Fire Investigator and Captain) be established, effective August 1, 2000, as outlined in the Staff Report dated September 25, 2000, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that 11 10/2/2000 the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $521,700 from the General Government Budget (001-092-5011) to the Fire Department budget in the General Fund. ESTABLISH SALARIES - FIRE DEPARTMENT RANGES P-5, P-6, & P-7, FIRE MARSHAL & TRAINING OFFICER - EFFECTIVE AUGUST 1, 2000 (16) Ed Raya, Director of Human Resources, submitted a staff report dated September 25, 2000, regarding the establishment of salaries for Fire Department Ranges P-5, P-6, and P-7, Fire Marshal and Training Officer, effective August 1, 2000. Council Member Estrada made a motion, seconded by Council Member Schnetz, and unanimously carried, that the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), P-7 (Fire Chief), Fire Marshal and Training Officer be established, effective August 1, 2000, as outlined in the Staff Report dated September 25, 2000, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $57,400 from the General Government budget (001- 092-5011) to the Fire Departtnent budget in the General Fund. RES. 2000-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH LIEBERT CASSIDY FOR LABOR RELATIONS TRAINING SERVICES. (17) Council Member McGinnis made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-299 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND LUNCH PROGRAM. (18) Council Member McCammack made a motion, seconded by Council Member Schnetz, that said resolution be adopted. 12 10/2/2000 Resolution No. 2000-300 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-301 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. (20) Council Member Estrada asked why the City of Rialto did not provide its own police for Rialto High School. Cap!. Billdt, Police Department, stated that the City of San Bernardino is required by law to provide police services since Rialto High School is located in the City limits of San Bernardino and residents of San Bernardino attend that high school. Council Member Estrada asked if the cost of security could be shared by the surrounding cities. Capt. Billdt stated that for the last three years, funding for the police officers has been made available through grants from Rialto High School, Rialto Police Department, and the City of San Bernardino; however, the grant funding has expired. Capt. Billdt stated that they have had great success in improving public and student safety at Rialto High School and would like to continue to do so, but the issue of sharing the cost would have to be explored. Council Member Estrada made a motion. seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-301 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-302 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN TRANSPORT TAX CONSULTING, INC. (TTC) AND THE CITY OF SAN BERNARDINO FOR FUEL EXCISE TAX REVIEW SERVICES. (21) Council Member McCammack stated that she was glad to see the City collect the overpaid taxes on the fuel excise tax, but was concerned that there may be similar types of overpayments being made, and hoped the City is making every effort to identify other forms of taxation. 13 101212000 Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2000-302 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. ESTABLISH - SERIOUS HABITUAL OFFENDER (SHO) GRANT ANALYST POSITION - POLICE DEPARTMENT (23) Ed Raya, Director of Human Resources, submitted a staff report dated September 25, 2000, regarding the establishment of a Serious Habitual Offender (SHO) Grant Analyst position in the Police Department. Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that one (1) position of Serious Habitual Offender (SHO) Grant Analyst, Range 1397 ($3,2]5-$3,908/month), be established; and that the Human Resources Department be directed to update Resolution No. 6413, Section Ten, to reflect this action. CREATE ONE CONSTRUCTION INSPECTOR II POSITION; DELETE ONE CONSTRUCTION INSPECTOR POSITION; CREATE ONE CIVIL ENGINEERING ASSIST ANT III POSITION (CIP DESIGN); & CREATE ONE CIVIL ENGINEERING ASSOCIATE POSITION (CIP DESIGN) - PUBLIC WORKS DIVISION (24) Ed Raya, Director of Human Resources, submitted a staff report dated September 25, 2000, regarding the creation of one Construction Inspector II position; deletion of one Construction Inspector position; creation of one Civil Engineering Assistant III position (CIP design); and the creation of one Civil Engineering Associate position (CIP design). Council Member Anderson made a motion, seconded by Council Member McCammack, and unanimously carried, that one (1) Construction Inspector II position, Range 1380 ($2,954-$3,591), be created; that one (1) Construction Inspector position, Range 1370 ($2,810-$3,416), be deleted; that one (1) Civil Engineering Assistant III position (CIP design), Range 1419 ($3,588-$4,36]), be created; that one (1) Civil Engineering Associate position (CIP design), Range 2444 ($4,065-$4,941), be created; that the Human Resources Department be directed to update Resolution No. 6413, Section 11, and Resolution No. 97-352 to reflect these actions; and that the Director of Finance be directed to amend the FY 00-01 budget to reflect the positions as noted in the staff report. 14 101212000 COUNCIL MEMBER SUAREZ EXCUSED At 11:08 a.m., Council Member Suarez indicated that he would be abstaining on Agenda Item No. 25, stating that he is a Convention and Visitors Bureau Board member, and left the Council meeting. RES. 2000-303 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU, AND RESCINDING RESOLUTION 90-315. (25) City Administrator Wilson stated that the Memorandum of Understanding detailed the conditions and covenants associated with funding the Convention and Visitors Bureau (CVB) through Transient Occupancy Tax (TOT) revenues and laid out other provisions including the relationship between the Board of Directors and the City, and included a provision that CVB will continue to operate the Route 66 Rendezvous within the City. Council Member Anderson asked if the approved budget allocation of $400,000 to CVB would be needed given the success of Route 66. Steve Henthorn, Executive Director of the Convention and Visitors Bureau, stated that $400,000 was 67 percent of their total operating budget, and proceeds from the Route 66 Rendezvous comprised 21 percent of the total budget. Council Member Anderson stated that she felt CVB did not need 20 percent of TOT revenues-that the City should provide only 10 percent. Mr. Henthorn stated that CVB would like to reduce the percentage the City provides by enhancing private revenues. Council Member McGinnis stated that he felt CVB was one of the City's better investments and hoped they could promote, and one day make use of, the Stadium. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-303 was adopted by the following vote: Ayes: Members Estrada, McGinnis, Schnetz, Anderson. McCammack. Nays: Abstentions: Council Member Suarez. Absent: Council Member Lien. Council None. COUNCIL MEMBER SUAREZ RETURNED At 11: 15 a.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. 15 10/212000 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COCA-COLA BOTTLING COMPANY FOR THE PURPOSE OF ESTABLISHING A PUBLIC PRIV A TE PARTNERSHIP. (Continued from September 18, 2000) (26) City Administrator Wilson stated that the item was not ready to go forward and recommended that it be referred to the Ways and Means Committee. Council Member Schnetz made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be referred to the Ways and Means Committee. CONTINUE FINAL MAP - TENTATIVE TRACT NO. 14193 - SOUTHEAST CORNER OF OHIO & OLIVE A VENUES - OCTOBER 2, 2000 (Continued from September 18, 2000) (27) William Woolard, Interim Director of Development Services, submitted a staff report dated September 28, 2000, regarding the request for a continuance of Final map for Tentative Tract No. 14193, located at the southeast corner of Ohio and Olive Avenues. City Administrator Wilson stated that correspondence was received from Naomi Silvergleid of Singer & Silvergleid, Inc., legal counsel for Dr. Feldkamp, dated September 27, 2000, requesting the matter be continued to April 2, 2001. Council Member McGinnis stated that it didn't make sense to continue this matter over and over, and asked if the builder could resubmit when he was ready. City Administrator Wilson stated that there were issues tied to the Final Tract Map, and the best course of action was to continue to a date certain. Council Member McGinnis stated that even though the Final Map was previously approved didn't mean the City would approve it today. City Attorney Penman advised that if the matter was not continued, the Map would expire, which would make marketing the property very difficult, and indicated there may also be some planning consequences. Council Member Schnetz stated that his concern was that extraordinary fee structure in the Verdemont area and the City might another look at it. there is an want to take 16 101212000 City Administrator Wilson stated that Councilman Schnetz' concern could be addressed at the next Ways and Means Committee meeting. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to April 2, 2001. APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW SERVICES - DANNY'S TOWING. (Continued from September 5, 2000) (Discussed later in the meeting - page 24) (28) Wayne Harp, Assistant Chief of Police, submitted a staff report dated September 21, 2000, regarding the appeal hearing relative to termination of the agreement for tow services with Danny's Towing. Correspondence was received from Robert A. Ring of Ring & Green, legal counsel for Danny's Towing, dated September 28, 2000, requesting a continuance to February 2001. Mayor Valles opened the hearing. Capt. Robert Curtis, Police Departtnent, stated that they were prepared to move forward with the appeal, but did not oppose the continuance. Mr. Ring stated that since December of last year, Danny's Towing has been on permanent suspension with the City of San Bernardino because of its failure to fully comply with the California Highway Patrol (CHP) Tow Service Agreement, which is an integral part of the City's Tow Agreement. In light of resolution of the pending criminal matter, the CHP stated that they would allow Danny's Towing to resume its position on CHP rotation after January of 2001, if they pass a vehicle and facility inspection. Therefore, Mr. Ring asked that the City wait until January 2001, to see if Danny's Towing is placed back on CHP rotation before rendering a final decision. Mr. Ring advised that if the City of San Bernardino makes a final decision now and enters into a permanent contract with San Bernardino Towing, and if Danny's is reinstated with the CHP in January 2001, the City would have no option to reinstate Danny's Towing and would expose itself to legal liability . Council Member Anderson made a motion, seconded by Council Member Suarez, that the matter be continued to February 18, 2001. (No vote was taken.) Council Member McGinnis was concerned that if Danny's Towing is not put back on rotation, they could refuse to pay the loan they presently have with the Economic Development Agency. Mr. Ring stated that the City's position is secured by real property, and Mr. Alcarez wants to pay the loan. 17 101212000 Council Member Schnetz stated that he felt the loan issue and the continuance of the appeal were two separate items, and it was his understanding that if the loan is not paid by October 12, EDA could issue a notice of default on the deed of trust, which would start the foreclosure process. City Attorney Penman inquired as to the status of San Bernardino Towing after the expiration of their contract with the City. Capt. Curtis recommended that the Council continue the agreement with San Bernardino Towing. David Schulze, Real Estate Broker, San Bernardino, CA, recommended Michael and Michelle Hayes of Hayes Towing, should the City need another towing company. Michael Hayes, Hayes Towing, stated that he has all the necessary permits and equipment, and has been on rotation with the CHP for several years. Council Member Schnetz suggested that Council Member Anderson amend her motion to include the extension of the interim agreement with San Bernardino Towing to February 18, 2001. Council Member Anderson amended her motion, seconded by Council Member Suarez, and unanimously carried, that the hearing be closed; that the matter be continued to February 18, 2001; and the interim agreement with San Bernardino Towing be extended to February 18, 2001. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO FIRE DEPARTMENT AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES AND HOME GENERATED SHARPS COLLECTION SERVICES. (Continued from September 18, 2000) (29) Mayor Valles stated that the item was not ready to go forward. Council Member Schnetz made a motion. seconded by Council Member McCammack, and unanimously carried, that the matter be continued to October 16, 2000. 18 101212000 DISCUSS & TAKE POSSIBLE ACTION - FUNDING PHASE I STATE STREET EXTENSION (30) Mayor Valles stated that the item was not ready to go forward. Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to October 16, 2000. RECESS MEETING At 11:55 a.m., Mayor Valles recessed the meeting to 12:00 p.m., III the Economic Development Agency Boardroom for a luncheon workshop. RECONVENE MEETING At 12:25 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 Deputy City Clerk Sutherland with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City Administrator Wilson. Absent: Council Members Lien, McCammack. Others present: Lobbyists Chuck Bader and Bill Chavez. LUNCHEON WORKSHOP - LEGISLATIVE UPDATE NOON IN THE ECONOMIC DEVELOPMENT BOARDROOM - 12:00 AGENCY (31) COUNCIL MEMBER LIEN ARRIVED At 12:44 p.m., Council Member Lien arrived at the luncheon workshop and took her place at the boardroom table. Lobbyists Chuck Bader and Bill Chavez, Strategic Education Services, submitted a report entitled, "San Bernardino City Council Meeting, Proposed Agenda for Lobbyists' Report, dated October 2, 2000, and provided a legislative update on the following issues: 1. State Budget a) Local Government funding 2. Important BillslIssues affecting San Bernardino 3. Cultural Center and Earthquake Retrofit funding 4. Parks Bond and Water Bond 5. Alameda Corridor a) SANBAG 19 10/2/2000 6. Relationship with Governor a) League of California Cities 7. Comments and Questions from the Mayor and Council COUNCIL MEMBER SUAREZ EXCUSED At 1:09 p.m., Council Member Suarez left the luncheon workshop. COUNCIL MEMBER SCHNETZ EXCUSED At 1: 18 p.m., Council Member Schnetz left the luncheon workshop. COUNCIL MEMBERS ANDERSON & ESTRADA EXCUSED At 1:28 p.m., Council Members Anderson and Estrada left the luncheon workshop. ADJOURN MEETING At 1:30 p.m., the luncheon workshop adjourned to 2:00 p.m. in the Council Chambers of City Hall. COMMUNITY DEVELOPMENT COMMISSIONISAN BERNARDINO JOINT POWERS FINANCING AUTHORITYISAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITYISAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:07 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development CommissionlSan Bernardino Joint Powers Financing AuthoritylSan Bernardino Park Acquisition Joint Powers Financing AuthoritylSan Bernardino Associated Communities Financing Authority and Mayor and Common Council. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Val Osdel and Special Counsel Sabo, Deputy City Clerk Medina. Absent: None. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1-2 & 7) (1) At 2:07 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections and for consideration of cases listed under Agenda Item No. lA, pages 1 & 2, including those cases announced by City Attorney Penman. 20 101212000 CLOSED SESSION At 2:07 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. Also present: Economic Development Agency Executive Director Van Osdel and Special Counsel James Odium of Mundell, Odium & Haws. ADJOURN CLOSED SESSION At 2:48 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:49 p.m., Chairwoman Valles reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing AuthoritylSan Bernardino Park Acquisition Joint Powers Financing AuthoritylSan Bernardino Associated Communities Financing Authority and Mayor and Common Council. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, Deputy City Clerk Medina. Absent: Council Member Lien. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE LEGAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SABO & GREEN, ATTORNEYS AT LAW FOR REDEVELOPMENT, HOUSING, ECONOMIC DEVELOPMENT AND FEDERALLY FUNDED PROJECTS AND PROGRAMS. (R32) Note: The resolution and agreement were not distributed with the backup material; therefore, they will not be available for refcrence. Economic Development Agency Executive Director Van Osdel requested that the matter be continued to October 16, 2000. 21 101212000 Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to October 16, 2000. COUNCIL MEMBER LIEN ARRIVED At 2:51 p.m., Council Member Lien arrived at the Council meeting and took her place at the Council table. RES. CDC/2000-34 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY (AGENCY) AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. (NHS), REGARDING THE DONATION OF PROPERTIES LOCATED AT 1556 MOUNTAIN VIEW AND 1662 SIERRA WAY (NIP TARGET AREA 1), AND (2) THE APPROPRIATION OF NEIGHBORHOOD INITIATIVE PROGRAM (NIP) FUNDS IN THE AMOUNT OF $250,000 FOR YOUTHBUILD OPERATIONS CONTINGENT UPON REIMBURSEMENT TO THE AGENCY FROM THE COUNTY OF SAN BERNARDINO NIP FUNDS. (R33) Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, reviewed highlights of the staff report, and requested Council's approval of the agreement, subject to receiving confirmation of approval from the County. Council Member Suarez made a Illotion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. CDC12000-34 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2000-35 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AFFORDABLE SENIOR CITIZEN RENT AL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, FOR DEVELOPMENT OF A 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO AND AUTHORIZING THE AGENCY CHAIRPERSON AND AGENCY SECRETARY OF THE AGENCY TO EXECUTE THE DDA ON BEHALF OF THE AGENCY (NORTHWEST PROJECT AREA). (R34) 22 101212000 Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, reviewed highlights of the staff report with the Council, stating that plans have been submitted by the developer, with construction scheduled to begin next spring and completed one year thereafter. Ms. Pacheco stated that under the agreement, the developer will be required to make a good faith effort to employ City residents both during and after construction. Council Member McCammack asked if the covenants and deed restrictions could be challenged by the State. Special Counsel Gondek of Sabo and Green, stated the Conditions of Approval adopted by the City Planning Commission included a requirement that the grant deed contain provisions that restrict the use of the property to senior citizen housing in perpetuity. During the next 55 years, the property will be restricted as to income eligibility for the senior citizen households and provides that the definition of a senior citizen household is set at 62 years of age. The Statc of California adopted restrictions on senior citizcn housing that are more restrictive than would otherwisc bc required by fedcrallaw. Council Membcr Schnetz stated that hc felt the property was being underutilized, and askcd if thc developer was contemplating increasing the density, and asked if the Agency would be reimbursed on the incrcase. Ms. Pacheco stated that an expansion of thc site was not being contemplated at this time, and indicated that such an cxpansion would have to go through the Conditional Use Permit process again. Ms. Pacheco stated that there was no provision in the DDA that referred to a second phase andlor reimbursement to the Agency. Council Member Schnetz asked if a second phase would be possiblc under the current developmcnt standards. Valerie Ross, Principal Planner, stated that she believed thc applicant would not be able to add additional units without exceeding the current density andlor having either an access or parking problem, and it was Ms. Ross' feeling that additional development would rcquire the acquisition of additional propcrty. Council Mcmber Estrada inquired about the current parking ratio. Ms. Ross stated that there was a provision in the Development Code that parking for senior projects could be adjustcd on a case-by-case basis. An analysis for this project was reviewcd by thc City's traffic cngineer, the Dcvelopment Review Committee, and the Planning Commission, who concurred that what the applicant proposed was adequate to serve the number of units being proposed, and that parking had already bcen slightly reduced. 23 101212000 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, suggested the applicant choose a good manager and providc adequate health care for the senior citizens. Council Member Anderson made a motion, seconded by Council Member Lien, that said resolution be adoptcd; and that the Mayor and Common Council of the City of San Bernardino authorize the Redcvclopment Agency to enter into the Disposition and Dcvelopment Agreement (DDA) with San Bernardino Senior Housing, Inc., relative to the sale and development of the property locatcd at 1530 Baseline Street, San Bernardino, California. The motion carried and Resolution No. CDC12000-35 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. COUNCIL MEMBER McGINNIS EXCUSED At 3:18 p.m., Council Member McGinnis left the Council meeting. APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW SERVICES - DANNY'S TOWING. (Continued from September 5, 2000) (Discussed earlier in the meeting - pages 17 & 18) (28) Deputy City Clerk Medina stated that the date of continuation was incorrect and needed to be changed from February 18 to February 20,2001, due to the holiday. Council Member Schnetz made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be reconsidered. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to February 20, 2001. PUBLIC COMMENTS (35) Gil Navarro, 1440 W. 6'h Street, San Bernardino, CA, spoke in oppOSItion to the lake project, stating that he had a concern with its financing and the rights of the residents being displaced. Mr. Navarro stated that he felt there was valuable history in the City that needed to be preserved, and indicated that there were other ways to fight blight. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that repression is a problem in the City as is evident by the number of charges that have been filed against him since 1997. 24 10/2/2000 ADJOURNMENT (36) The meeting was adjourned at 3:26 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8 a.m., Monday, October 16, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk 'I. Lfk;; Bto-l-tzulA J xC ' tL.L-.u:L Einda Sutherland Deputy City Clerk No. of Items: 36 No. of Hours: 7.5 25 101212000