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HomeMy WebLinkAbout10-16-2000 Minutes MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 16, 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 8:09 a.m., Monday, October 16, 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, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman announced that the following additional cases would be discussed in closed session: HiI!;h1and Hills Homeowners Association vs City of San Bernardino, Common Council for the City of San Bernardino, and Environmental Review Committee for the City of San Bernardino; real parties in interest Dennis A. Martin, Dukes Dukes & Associates, Hil!;hland Hills Gateway, Hil!;hland Hills Properties, San Gorl!;onio Company, and William Smith - San Bernardino Superior Court Case No. 241464; James Clark vs. City of San Bernardino, Al Boul!;hey, Joseph Lease, Barbara Dillon, Fred Wilson, Charles A. Cole, M.D. - Fourth District Court of Appeal Case No. E027243 (San Bernardino Superior Court Case No. SCV 40674). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 33) (1) At 8:09 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1 10/1612000 Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Henderson and Edl1;ar vs. Economic Development Al1;ency, et al. - San Bernardino Superior Court Case No. SCVSS 16489; City of San Bernardino Municipal Water Departtnent vs. the United States Departtnent of the Army - 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. 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. Al1;ency Nel1;otiator: Ed Raya, Director of Human Resources Employee Orl1;anization: San Bernardino City Professional Fire Fighters Local 891 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. 2 10/16/2000 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: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Easland, and Administrative Operations Supervisor Edna Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED & DIRECTOR OF HUMAN RESOURCES RAY A ARRIVED At 8:50 a.m., Senior Assistant City Attorney Simmons left the closed session and Director of Human Resources Raya arrived. CITY ADMINISTRATOR WILSON, SENIOR ASSISTANT CITY A TTORNEY CARLYLE, DEPUTY CITY ATTORNEY EASLAND & DIRECTOR OF HUMAN RESOURCES RAY A EXCUSED At 8:55 a.m., City Administrator Wilson, Senior Assistant City Attorney Carlyle, Deputy City Attorney Easland, and Director of Human Resources Raya left the closed session. ADJOURN CLOSED SESSION At 9:06 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:10 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, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 3 10/16/2000 MOMENT OF SILENCE Mayor Valles requested that everyone Jom her in a moment of silence in memory of the following individuals who recently passed away: Susan Kennedy, wife of City Treasurer David Kennedy; Officer Gerald Silvestri of the San Bernardino Police Departtnent; the 17 servicemen who lost their lives aboard the USS Cole; former police officer Frank Pancucci; and Henry Beigun, the victim of an aparttnent house fire here in the city. INVOCATION The invocation was given by Pastor Ernest Dowdy of the Church of the Living God. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Leslie Patlan, a third grade student from Ramona Alessandro School. COUNCIL MEMBER ANDERSON EXCUSED At 9:14 a.m., Council Member Anderson left the Council meeting. APPOINTMENTS - COMMUNITY TELEVISION COMMISSION - OMNITRANS BOARD OF DIRECTORS - COUNCIL MEMBER McCAMMACK - MAYOR V ALLES (2) Mayor Valles submitted staff reports dated October 11, 2000, recommending the appointtnent of Russell Lackner to the Community Television Commission, as requested by Council Member McCarnmack, and her appointtnent of Council Member Estrada to the OmniTrans Board of Directors. Council Member McCarnmack made a motion, seconded by Council Member McGinnis, and unanimously carried, that the appointtnents of Russell Lackner to the Community Television Commission and Council Member Estrada to the OmniTrans Board of Directors, be approved. PROCLAMATION - SECOND CHANCE WEEK - OCTOBER 22-28, 2000 - MAKE A DIFFERENCE DAY - OCTOBER 28, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the week of October 22-28, 2000, as Second Chance Week in the City of San Bernardino, and designating October 28 as Make a Difference Day. The proclamation was accepted by Sue Patane from Norcal; and Linda Ceballos, Environmental Project Coordinator, Public Services Departtnent, provided details of the various programs associated with Make a Difference Day. 4 10/16/2000 COUNCIL MEMBER ANDERSON RETURNED At 9: 17 a.m., Council Member Anderson returned to the Council meeting and took her place at the Council table. PROCLAMATION - RED RIBBON WEEK - OCTOBER 23-31,2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the week of October 23-31, 2000, as Red Ribbon Week in the City of San Bernardino and designating October 23 as the date for the 12th Annual Red Ribbon Breakfast. The proclamation was accepted by Ms. Marquez, San Bernardino Community Against Drugs. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced several events taking place throughout the City including the Fall Business Expo at Inland Center on October 20 and 21; Red Ribbon Week and associated activities the week of October 22-28; free computer classes at the Chamber of Commerce on October 31 from 7-9 p.m.; and the Harvest Festival on November 4 & 5 and 11 & 12. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Valles in recognition of their many years of dedicated service to the City: Name Joseph Beels Daniel Harker James Page Timothy Smith Paula Clay Rachel May Samuel Gabriel Departtnent Code Compliance Fire Fire Fire Police Police San Bernardino Employment & Training Agency Years of Service 5 5 5 5 15 15 25 ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack expressed condolences to the family of Richard Lewis, Jr., brother of Congressman Jerry Lewis and father of Fire Captain Richard 5 10/16/2000 Lewis, who recently passed away. Mrs. McCammack stated that she had attended an open house at the main fire station and commended the fire personnel for making it a fun day, and suggested that people make it a tradition to check/change the batteries in their smoke alarms at the time they set their clocks back in the fall. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that her grandson, Andrew Dean Anderson, had received the Mayor's Award at Ramona Alessandro School; and expressed her feelings of compassion and sympathy for the families of the men and women involved in the tragedy on the USS Cole. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) As a retired military officer, Council Member Suarez offered his condolences to the families of the men who lost their lives on the USS Cole; commented on the successful Soap Box Rally recently held in San Bernardino; wished a speedy recovery to Bud Kubesh, who recently had knee surgery; noted that California State University had two ground breaking ceremonies--one to build new dormitories here in San Bernardino and the other in Palm Desert for an extension facility; and congratulated Steve Douglas on his appointment as the new head of Campus Crusade and Oscar Chavez on the opening of the new Carlos O'Briens. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz reminded everyone of the Visual Preference Survey taking place October 17 at 6: 15 p.m. in the Economic Development Agency Board Room. He indicated there would be a slide presentation and everyone could state their preference for development of the 40th Street Redevelopment Project Area. Mr. Schnetz also congratulated Chaparral Motorsports on their annual parking lot sale which brought in over 8,000 people from outside the local area. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis stated that he had visited the Chamber of Commerce to make sure he got a copy of their calendar and wanted to mention the following individuals he had spoken to and various upcoming activities: Mr. Clayton Woodard, a hypnotherapist located at 198 N. Arrowhead Avenue; Make a Difference Day, Saturday, October 28 - Santa Claus, Inc. is helping children with toys; Galleria Rustica open house on October 19 at 5 p.m., 22 East State Street, Redlands; Harmony Express is celebrating Halloween on October 21 with a steak dinner and show at the Edgehill Club; Cruizin' 2000 on Saturday, November 18 to support the Ronald McDonald House; Halloween Smash event at Court Street Square on October 28; the Red Ribbon Parade on October 28; and the Harvest Fair at the Center for Individuals with 6 10/1612000 Disabilities on November 4 & 5 and November 11 & 12. He also thanked Gwen Terry for inviting him to her neighborhood block party. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that over 300 cars are expected to participate in the Cruizin' "E" Street event on November 18; announced that on October 26 at 6 p.m., there would be a meeting at 1306 North "G" Street where a new barrier well will be dug for the EPA superfund cleanup; announced that on November 4 they would be planting trees in the Second Ward, for a total of 51 trees, as well as a Neighborhood Initiative Cleanup between 16th and 18th Streets, and Sierra Way and "D" Street; and complimented California State University for the excellent Water Conference held on October 13. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles congratulated Tino Garza on being named Trial Lawyer of the Year; congratulated the Neighborhood Housing Services on the Pride Day event held on October 14; announced a new partnership that is being spearheaded by the City of San Bernardino and California State University to develop a first-ever regional cable network among all the local community access channels for unified programming; announced that a new report would be presented each month on Channel 3 forecasting infrastructure schedules for the City and a new web page that will identify the infrastructure project areas and work schedules so the public can access them directly; advised that fallen tree branches should be reported to the Street Department at 384- 5562; noted that the City will be hosting a Youth Summit on October 20 from 11 a.m. to 3 p.m. at the San Bernardino City Unified School District Offices (Community Room); announced that the Symphony's new season will begin October 26 at the California Theatre, featuring a Sinfonia Mexicana program; invited everyone to join Main Street downtown for the Halloween Smash Dance at Court Street Square on October 28; and encouraged everyone to support local businesses, including the CinemaStar Luxury Theater downtown. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman spoke regarding the fire at the Casa Bonita aparttnents on Arrowhead A venue, where 30 people were left homeless and one gentleman passed away. He stated that at times the City has been criticized for some of its inspections; however, this is precisely the reason why the City's Fire Departtnent and Code Enforcement personnel continue to perform inspections throughout the city. Mr. Penman provided background information on a lawsuit filed against the City in 1986 by Jay Saldecke and Barbara Sky alleging that the City's General Plan was not in compliance with state law. That lawsuit began before he became City Attorney, 7 10/16/2000 and just shortly before he became City Attorney, on April 6, 1987, his predecessor, Ralph Prince, signed a stipulation for continuance in that case. The reason for the continuance was because the City had made a request to the Governor's Office of Planning and Research to extend the time in which we could bring our General Plan into compliance. In this stipulation the City Attorney at that time basically capitulated on the lawsuit, agreed to a moratorium on planning, agreed to pay $5,000 in attorney's fees through the consultants, and on the same day, also April 6, 1987, the City Council adopted an ordinance which prohibited accepting, processing, or approving any type of residential development permits, subdivision maps, parcel maps, and so forth. The City knew at that time that the Governor's Office of Planning and Research was going to oppose the moratorium. He advised that he took office 54 days later, on June 1, 1987, and at his first Council meeting he was directed by the Council to sign the stipulation for entry of judgment, following the decision that had been made by his predecessor, Mr. Prince; and that stipulation was entered into on June 12. The second Council meeting he was at was on June 15. He added that there has been some confusion in the record as to how this came about, and the reason he mentioned it is because there was another lawsuit filed by the owners of a development called Cable Lakes. The Cable Lakes people wanted to build an apartment complex and they were caught up in the moratorium that was imposed by the governor's office and they could not build it. They sued the City, and we won that lawsuit with a motion for summary judgment. Subsequent to that, a former Mayor returned to City Hall, and there was another lawsuit filed by the owners of a project called Shadow Hills; and the new Mayor at that time decided to settle that case with 20 percent set-aside funds and a lot of aparttnents were built in the Verdemont area. The City Attorney's Office objected to that because they were confident they would have won the Shadow Hills case had it gone to trial, just as they won the Cable Lakes case. Mr. Penman stated that he had provided this information in an effort to set the record straight. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson noted that when the Mayor came into office approximately two years ago, the City began a process of developing a set of goals and priorities for the City. The process included a community survey as well as a number of small group sessions to develop a vision for the City. Two years have passed, and the Mayor has directed that staff conduct another goal-setting process. He stated that staff is in the process of setting things up and hopes to have a facilitator on board by early December to help develop the process. He indicated that timing is critical, because the budget process kicks off after the first of the year, and going through this process will help staff identify the priorities and the vision for the City for the coming years. 8 10/1612000 ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark announced that the Registrar of Voters' Office had begun sending out Sample Ballots for the upcoming election. and that copies of the current and proposed charters would be mailed very soon. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member McGinnis, 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 McGinnis, 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: July 26, 2000; August 7, 2000; September 5, 2000; September 18, 2000. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 11, 2000, from Barbara Pachon, Director of Finance, be approved PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated October 11, 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. RES. 2000-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE PURCHASE ORDER WITH TMT PATHWAY FOR FURNISHING AND DELIVERING TRAFFIC PAINT AND SUPPLIES. (12) 9 10/16/2000 RES. 2000-305 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAVID T. WASDEN, INC. FOR REPAIR OF FAILED BOX CULVERTS AT VARIOUS LOCATIONS PER PLAN NO. 10131. (13) RES. 2000-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF EASEMENT DOCUMENTS FOR SOUTHERN CALIFORNIA EDISON COMPANY ACROSS CITY-OWNED PROPERTY LOCATED AT 40TH STREET, EAST OF WATERMAN AVENUE AND EAST OF ELECTRIC A VENUE. (14) Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2000-304, 2000-305, and 2000-306 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. APPROVE - CONTRACT CHANGE ORDER NO. CARDENAS CONSTRUCTION CONSTRUCT ACCESS RAMPS - VARIOUS LOCATIONS TWO - 1. SIDEWALK (15) William Woolard, Interim Director of Development Services, submitted a staff report dated October 3, 2000, regarding Change Order No. Two to the contract with J. Cardenas Construction for construction of sidewalk access ramps at various locations throughout the city. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that Contract Change Order No. Two to the contract with J. Cardenas Construction be approved for construction of sidewalk access ramps at various locations for a change order amount of $3,960.18. APPROVE - CONTINUING APPROPRIATIONS & ENCUMBRANCE CARRYOVERS - FROM FY 1999/2000 TO FY 2000/2001 (16) Barbara Pachon, Director of Finance, submitted a staff report dated October 9, 2000, recommending that the Mayor and Council approve the fiscal year 1999/2000 Continuing Appropriations and Encumbrance Carryovers into fiscal year 2000/2001. 10 10/16/2000 Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council approve the listing of fiscal year 1999/2000 Continuing Appropriations and Encumbrance Carryovers attached to the staff report dated October 9, 2000, from Barbara Pachon, Director of Finance, into fiscal year 2000/2001. RES. 2000-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING A LEASE CONTRACT FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED TO EXTEND THE TERM FROM JULY I, 2000 THROUGH JUNE 30, 2005. (18) Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-307 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. MAYOR V ALLES EXCUSED At 10: 10 a.m., Mayor Valles left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Suarez. SET GOAL-SETTING WORKSHOP - DECEMBER 2, 2000 - 9 A.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM (9) Fred Wilson, City Administrator, submitted a staff report dated October 4, 2000, recommending that a goal-setting workshop be scheduled for Saturday, December 9, 2000. Council Member McGinnis advised that the Saturdays after Council meetings are not good for him, as he has to work the ftrst and third Saturdays of each month to make up for the day he takes off to attend Council meetings. Council Member Estrada suggested meeting on the alternate Saturday, stating that she likes the idea of meeting on Saturday because then the Council is not rushed. Council Member Lien concurred, stating that it was hard for her to get time off from her job to meet during the week. 11 10/16/2000 Council Member Anderson stated that she would not be able to meet on Saturday, December 9; and questioned why the meeting could not be held on a weekday. Council Member McGinnis made a motion, seconded by Council Member Lien, that a goal-setting workshop be scheduled for Saturday, December 2, 2000, at 9 a.m. in the Economic Development Agency Boardroom. (Note: At a later date, the goal- setting workshop was changed to December 1, 2000, at 9:00 a.m.) The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: Council Member Anderson. Absent: None. RES. 2000-308 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO IN THE CASE OF ROY GONZALES, ET AL. V. CITY OF SAN BERNARDINO. (lOA) RES. 2000-309 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO HOTEL/MOTEL ASSOCIATION V. CITY OF SAN BERNARDINO, ET AL. (lOB) Council Member McGinnis made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 2000-308 and 2000-309 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. REPORT ON CASES CLOSED SINCE JANUARY 1, 2000 - OTHER RELATED MATTERS - CITY ATTORNEY PENMAN (11) City Attorney Penman submitted a staff report dated October 9, 2000, which itemized those cases closed from January 1, 2000, to the present. City Attorney Penman provided an overview of the information contained in the staff report. He advised that his office had recently compiled a list of all the cases that have been tried and settled or dismissed since 1992, which totaled 452 cases. In 166 of 12 10/1612000 those cases the City paid no money whatsoever, on 10 cases the City paid the same amount as the demand or the reserves, on 201 cases the City paid less than the reserves, and in 75 cases the City paid more than the reserves. The total money that the City has saved since 1992 on these lawsuits where we paid less than the reserves amounts to $38,871,240. At the same time, on judgments against the City where we were actually ordered by the court to pay, the total amount was only $137,600.95. Total settlements paid out amounted to $9,590,235; total costs paid $1,900,000; total fees paid $1,800,000. At the same time, in lawsuits brought by the City, we received $2,172,998. Mr. Penman also distributed a report from Management Partners, Inc., who conducted a survey of the Huntington Beach City Attorney's Office, which is also an elected office, comparing it to six other cities of comparable size--Riverside, San Bernardino, Santa Ana, Pasadena, Long Beach, and Burbank. He noted that of the seven cities, three have an elected city attorney--the other four are appointed. He stated that it was interesting to note that the costs of the San Bernardino City Attorney's Office are right inside the ballpark with all of the other cities. He pointed out the amount of judgments and claims paid totally for fiscal year 98, fiscal year 99, and fiscal year 2000 by all of the cities, and the fact that the City of San Bernardino is one of the lowest. He noted that in fiscal year 1997-1998 the City of San Bernardino actually paid $1.3 million, which included one settlement where a City vehicle hit a man in a crosswalk who suffered brain damage and the total payment for that case was $800,000. The following fiscal year there was a payment of $785,000 to the family of a man where a City car drove into the person's bedroom and put him in a coma, and he subsequently passed away. However, all in all we are lower than most cities of comparable size. CITY ATTORNEY PENMAN EXCUSED At 10: 17 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. RES. 2000-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. (17) Council Member McGinnis made a motion, seconded by Council Member Schnetz, that said resolution be adopted. 13 10/16/2000 Resolution No. 2000-310 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INCREASE OF ANNUAL PURCHASE ORDER CONTRACT #01-126, ISSUED TO INLAND UNIFORMS FROM $15,000.00 TO $41,421.00. (Discussed later in the meeting - page 26) (19) Lieutenant Steve Jarvis of the San Bernardino Police Departtnent provided background information relative to the request for funding for purchase of uniforms. He advised that the $15,000 is part of the $41,000; that this year the purchasing manager had requested that they consolidate all uniform purchases into one budget item; and that bottom line the amount requested is $10,000 more this year for the entire departtnent than for fiscal year 1999/2000. Discussion ensued regarding the bid process, the uniform needs of the various units within the departtnent, and the cost of uniforms per unit, prior to being consolidated into one budget item. It was the consensus of the Council to take action on this item later in the afternoon, to enable Lieutenant Jarvis to return with additional information. RES. 2000-311 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HORSE LEASE AGREEMENT BETWEEN THE MOUNTED POLICE OFFICERS IN THE NEWLY FORMED MOUNTED ENFORCEMENT DETAIL ON THE SAN BERNARDINO POLICE DEPARTMENT AND THE CITY OF SAN BERNARDINO. (20) Council Member Anderson reminded everyone that when the City first considered using bicycle police, the Council was told it was because of their mobility which would enable them to go into crowds, etc., and that it was an excellent thing to do. She inquired what these horse-mounted officers could do that the bicycle police couldn't do, since she believed that eventually this endeavor would end up costing the City money. Sergeant Dan Blackwell pointed out that one officer on horseback can do what it takes ten officers to do relative to crowd control. He noted that in terms of public relations, people are attracted to officers on horseback, and it is a natural ice breaker. Insofar as long-term costs are concerned, he advised that some of the larger cities such as Los Angeles, San Francisco, and San Diego do provide their own stables, etc.; 14 10/16/2000 however, in the majority of cities it has been the practice for the officers to provide their own horses and to continue to do so. Council Member McGinnis questioned whether there was a benefit to the City having its own horses rather than using the Sheriffs horse unit on loan, and inquired whether our officers would be trained in search and rescue. Sergeant Blackwell stated that the benefit would be that these are our own officers, under our own control; and that they would be trained in search and rescue. Council Member McGinnis made a motion, seconded by Council Member McCammack, that said resolution be adopted. Resolution No. 2000-311 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: Council Member Anderson. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TAORMINA INDUSTRIES, L.L.C. FOR THE PROVISION OF COMMINGLED RECYCLABLES PROCESSING. (22) Council Member Schnetz stated that he had reviewed the criteria utilized for weighing the different proposals, and he had a lot of questions--that he was not sure that they were being weighed accurately. City Administrator Wilson recommended that the Council continue the matter for 30 days and in the meantime also continue the current contract with Taormina. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 20, 2000; and that the current agreement with Taormina Industries be extended for 90 days. RES. 2000-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND ARATA EQUIPMENT COMPANY OF SAN CARLOS, CALIFORNIA FOR FOURTEEN (14) AUTOMATED SIDE LOADING REFUSE TRUCKS AND BODIES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT COMPETITIVE RATE QUOTES FOR THE LEASE-PURCHASE OF THE FOURTEEN TRUCKS. (23) 15 10/16/2000 Council Member Lien noted that these 14 trucks would replace approximately 40 percent of the refuse fleet, and inquired whether staff is certain that within the next five years the remaining 60 percent will be replaced. She also asked whether the City is still paying on any of the older trucks. Lynn Merrill, Director of Public Services, stated that staff will be accelerating the replacement schedule for the remaining trucks. He added that payments on the older trucks are starting to fall off--that approximately $900,000 will be paid off this year and the remaining amount will come off in the next fiscal year. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2000-312 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SET PUBLIC HEARING - 10 A.M. - NOVEMBER 6, 2000 - PROPOSED EXPENDITURE - LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) 2000 FUNDING - FISCAL YEAR 200012001 (21) Wayne Harp, Assistant Chief of Police, submitted a staff report dated October 2, 2000, recommending that a public hearing be set for IO a.m. on November 6, 2000, regarding the proposed expenditure of Local Law Enforcement Block Grant 2000 funds. Captain Robert Curtis advised that this year's award is $773,569. He added that at the next Council meeting the Mayor and Council would preside over a public hearing, and at that time he would describe in detail the proposed expenditure plan and provide a narrative that supports the plan. Captain Curtis explained that the funds must be spent within two years and must be used to support front-line law enforcement services--they cannot be used to replace funding already in place for existing personnel. Council Member Estrada made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council set a public hearing for IO a.m. on Monday, November 6, 2000, to receive input on the proposed expenditure of the awarded Local Law Enforcement Block Grant (LLEBG) 2000 funding. 16 10/1612000 INCREASE SALARY SENIOR PLANNER DEVELOPMENT SERVICES DEPARTMENT POSITION (24) Edward S. Raya, Director of Human Resources, submitted a staff report dated October 4, 2000, recommending an increase in the salary for the position of Senior Planner in the Development Services Departtnent. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the salary for the Senior Planner position be increased to Range 2472 ($4,674-5,681/month); and that the Human Resources Departtnent be directed to update Resolution No. 6413, Section Eleven, to reflect this particular action. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:55 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. DISCUSSION & POSSIBLE ACTION - FUNDING - STATE STREET EXTENSION - PHASE I (Continued from October 2, 2000) (Discussed later in the meeting - page 27) (25) City Clerk Clark administered the oath to H. Norman Johnson, Jr., owner of Fourth Street Rock Crusher, that he would provide truthful testimony. Ray Casey, City Engineer, submitted an interoffice memorandum dated October 12, 2000, addressed to Fred Wilson, City Administrator, regarding the State Street Memorandum of Understanding (MOU). Mr. Casey stated that he and Mr. Johnson had come to concurrence on most of the "deal points" contained in the staffreport dated September 27, 2000, from William Woolard, Interim Director of Development Services; however, the one point which had not been settled was the amount of the contribution to be made by the San Bernardino City Unified School District. Mr. Johnson concurred that he and the City had come to resolution insofar as Fourth Street Rock Crusher's and the City's percentages of shared costs, the right-of- ways, etc. However, the one remaining issue was the contribution to be made by the School District. Mr. Johnson stated that back in January or February of 1999, he made a proposal to the Council regarding the City's long-term plans for extending State Street, and at that time he had a strong desire to see this achieved and come to a conclusion. However, many months have passed, and he recently gave a letter to William Woolard, Interim Director of Development Services, dated October 4, informing him that he was 17 10/16/2000 not going to go forward on this project at this time unless the School District comes forward with their fair share contribution for construction. He asked the Council to keep in mind that over the last two or three years he has shown a real strong cooperative effort to achieve the end result of the extension of State Street by contributing over five acres of land to the City, at no cost, for an easement for the roadway. He acknowledged that the School District has some real strong arguments on why they should not have to contribute $80,000 for the extension of State Street from Base Line to their parking lot, and he hoped they would present those arguments this morning. However, it boils down to the fact that they expended money prior to the State Street extension being finalized that should not have been spent. Mr. Johnson pointed out that the $45,000 that the School District has agreed to contribute towards the signal was something that was worked out long before he had any discussions with the City, and he knows nothing about that issue. He noted that 18 months ago he did not propose to expend any monies for signals in the construction of Phases I-IV. Therefore, the signal issue is something that City staff has worked out through the budget process for the extension of State Street; and that is the reason the City is showing on their staff report that the School District is going to be contributing $45,000 toward a signal. He stated that he hoped the School District would come forth and give the Council their argument, because he is really out of the picture. He stated that he is not going to build State Street unless the $80,000 comes from the School District. However, if the school district wants to argue that someone else should put up the $80,000, that's up to them to argue that. He noted, however, that if the School District builds their own road from Base Line and California down to the high school parking lot it will cost approximately $126,000. City Clerk Clark issued the oath to Mike Perez of the San Bernardino City Unified School District that he would provide truthful testimony. Mr. Perez advised that the school district originally established a budget for this project of $120,000. He stated that originally there was a proposed plan to come off of State Street; and at that time the School District had some engineering drawings and architectural drawings prepared, they had testing done, and they moved in that process under the direction of the City. Unfortunately, Edison told the School District that it would be several years before their poles could be moved, and that would be far after the school opened up. Therefore, they needed a quick and immediate plan, and so they decided to try and bring in a street off of California. Those plans have been done and the City has looked them over. Again, the District spent money on that. Then in a cooperation mode, the District was willing to entertain going back to a new State 18 10/16/2000 Street. Again they did some engineering and again spent more money--and they are now down to about $81,000. Mr. Perez acknowledged that they need to get access to the school--that they can't be going back and forth, back and forth, spending money on this plan and that plan. They need to have access, and they have a drop dead date of February to begin the bid process and start construction of a temporary road to California. He stated that City staff has been very helpful--they've been giving the District guidance, but they need a plan. He pointed out that they do have access off of California. However, they do not own State Street; in fact, there is no State Street. He noted that this is a new plan, a new street; that this is something the City wants to do, and they want to get behind the scenes and support it, but they are stuck with their budget. He explained that recently the State reviewed their records and qualified them for what is called "Financial Hardship," meaning they have no money based on the amount of revenue coming in, the number of kids they are having to house, the need for more portable classrooms. This designation enabled them to qualify for additional State money for other schools, but the State has confirmed that they do not have extra money. Discussion ensued regarding the School District's original budget for this project, the monies they have expended thus far, and the money needed for completion of the project. The Council questioned how the District would get to the school if they were unable to contribute their fair share to the State Street project and did not have the money to build the road from California Street, estimated by Mr. Johnson to cost approximately $126,000. Mr. Perez informed the Council that when the District bought the property for the school they acquired several residences, which have access points off of Base Line. He stated that it was his understanding that they cannot be landlocked, and they will have to follow City direction as to how they approach the school. Council Member Anderson expressed her desire to see the City find another way to come up with the $80,000 needed to get this project on its way. She pointed out that Mr. Johnson has given the City five acres of land, and he has done everything he could possibly do to get this project on its way. She asked City Administrator Wilson if there were any other options the City could pursue? City Administrator Wilson noted that the bottom line issue is that someone has got to come up with these dollars. He stated that if the Council was asking staff to go back and look at Measure I funding sources and other funding sources, they could do that --that the item could be brought back after lunch and after staff researches what funds are available. 19 10/16/2000 Council Member McCammack questioned whether the deals had closed on the residences that were purchased by the District, and Mr. Perez answered in the affirmative. She inquired whether there were costs in relation to getting that land prepared to be an access road? Mr. Perez advised that when the State looked at the project, they provided the District with funding--that was the $120,000. They also provided land funds and relocation funds for those homes--there's a state relocation assistance program--and they review everything being spent. He added that the local bonds by the residents are paying half the cost of that; that it is a 50/50 project. Council Member Anderson suggested that the Council postpone action until after City Administrator Wilson had looked into the process of utilizing some of the Measure I funds, or any other available funds. City Administrator Wilson noted that there is funding for the State Street project in the amount of $400,000 that has been approved, and in talking to the City Engineer only a small percentage of that has been spent thus far, so the City could use this funding source to close the gap. Mr. Johnson advised that the difference that is needed to start the construction is not necessarily the $80,000 from the school district; that in actuality he is going to be asking for reimbursement for all of the costs that he expends except for $45,000 to build all but the signal from Base Line down to the School District's road. Therefore, if so desired, the $80,000 could come out of the $360,000 the City has budgeted for State Street extension. He added that it would be his desire for the City to spend that extra money for acquiring right-of-way so that the construction of State Street through Phases II, III and IV could be continued. He stated that although the talk today is about just Phase I, he is really interested in seeing the extension of State Street all the way from 16th Street down to Foothill Boulevard. He stated that he would rather see the City reserve its surplus money for the purpose of acquiring right-of-ways. Council Member Anderson stated that she had heard about some new monies on the horizon for this type of project; that possibly Mayor Valles would have knowledge of getting funds from another source that would help to speed this project on and get it off the ground as quickly as possible. City Administrator Wilson confirmed that there is a new call for projects through SANBAG, the Local Transportation Commission--that they have identified a pot of money which he believes is available for arterial programs; however, he would want to check with Mr. Casey on this. 20 10/16/2000 City Engineer Casey affirmed that this is accurate information. He explained that several years ago the SANBAG Board decided that funding was necessary for freeways and highways, and arterial projects were not approved in that process. Just recently SANBAG has decided to open up a fund primarily for arterial projects, and State Street would be a good candidate project for that program. Council Member Anderson expressed her concurrence with looking into these funds from SANBAG for this particular project, and inquired what process the City can follow to make sure that we are the senior project for these monies. Mr. Casey stated that staff had just learned of this program--that it just came out last week and would be the subject of the committee meeting this week. He added that staff is just now getting the information relative to the application process and will share the information as they get it. Council Member Anderson requested that she be kept apprised of the application process, the status of our application, and everything going on from here on out relative to SANBAG funds that will be available for this project. MAYOR V ALLES RETURNED At 11:17 a.m., Mayor Valles returned to the Council meeting and took her place at the Council table. Mr. Johnson pointed out that the issue is more important to the School District than it is to the City because the School District must have the roadway constructed and ready to be driven by students into their parking lot by June 200 I. He stated that the issue right now is a timing issue. He stated that as far as he is concerned, action needed to be taken today. He stated that he would remove his statement of wanting the School District to have $80,000 in, although he didn't think it was fair on their part not to contribute because they are going to have to spend $126,000 tomorrow if State Street isn't built now, because they have to start the access to the parking lot. It was his feeling that they owe the City something; however, if the City doesn't think so, that is the City's choice. Council Member Anderson inquired whether there was any process by which the City could bill the District, so that when they do have the money they would be indebted to us and have to pay the City back. City Administrator Wilson stated that he understood all of the issues that have been brought up. He stated that if the Council is inclined to just move the first phase forward, one recommendation is to fund the differential that has been discussed from the State Street funding. He advised that the City has sufficient funding in the project budget to allow this project to move forward at this time, recognizing that additional 21 10/1612000 funding will be a priority and staff will pursue SANBAG funding for the remaining phases. However, this would allow Phase I to go forward. Mayor Valles inquired whether the Council could take action to allow the first phase to go forward today. Mr. Wilson replied in the affirmative, adding that there would need to be an additional budget amendment to appropriate the "funding gap" for Phase I. Mayor Valles reiterated the comments relative to SANBAG monies, stating that years ago Measure I funding was taken from arterial streets for freeway construction, that they are working on the Board at SANBAG to return the Measure I funds for arterial streets, and certainly State Street is one of the priorities, as well as the Pepper off-ramp. City Engineer Casey advised that this is a relatively small funding amount-- approximately $12 million--and it will be very competitive. He stated that staff would certainly do their best in the application process. Council Member Estrada stated that she thought Mr. Johnson's point was well taken relative to the School District's contribution--at least to the major project--and she would like to see it come back this afternoon. She stated that she would like to see staff come back with some kind of a report of the options that the Council has, that would still include somehow committing the School District to something for this project. She stated that the school is going to have an enormous impact on the area traffic wise, and she would want to make sure that all the bases are covered. Council Member Anderson stated that she would just like to reinforce what she had said earlier--that staff also needs to come back with a proposal that includes the manner in which the School District will be charged and will be liable for their part of this project, so their indebtedness will be on file to enable the City to collect from them at a later date. It was clarified with Mr. Perez that the School District is prepared to pay at this time the $8I,000--that the amount they are short is the $39,000 which has already been spent on engineering and soils studies for alternate plans. Council Member Schnetz asked Mr. Perez whether the School District intended to use the houses mentioned earlier, which are situated on Base Line, for an alternative right of way or point of access to the school site from Base Line; and if not, whether these properties would be considered excess, surplus real estate. If so, would there be a possibility of selling the land and putting that money in as part of the District's contribution. 22 10/16/2000 Mr. Perez stated that they would prefer not to use this property as a point of access; that they would prefer to follow the City's direction. He added that the School District plans on using this property for overflow parking, and if they did sell the property, the state would take the money back. He advised that they anticipate having track meets, band reviews, and other major events for which they will need the overflow parking. Council Member Lien noted that the School District has $81,000 that can be contributed to the project if it's done on State Street, yet Mr. Johnson referred to the cost of building their own access road as being $126,000. She asked Mr. Perez where the District would get the $126,000 in funds for their own access road, and yet they only have $81,000 if the project is done the other way. Mr. Perez advised that originally there were some major improvements on California Street that were being planned; however, the District was now recommending that these not be done. He stated that the plan now would be for a driveway straight in--something they could do and still remain within their budget. It was the consensus of the Mayor and Council that the matter be discussed further in the afternoon. INITIATE DEVELOPMENT CODE AMENDMENT NEIGHBORHOOD-SERVING GROCERY STORES - COUNCIL MEMBER LIEN (28) Council Member Lien submitted a staff report dated October 3, 2000, regarding initiation of a Development Code Amendment to establish neighborhood-serving grocery stores as a permitted use, subject to a conditional use permit. Council Member Lien advised that this was an item that was taken to the Legislative Review Committee (LRC) on Thursday and was recommended by LRC at that time. She noted that currently the Development Code recognizes grocery stores that are more than 15,000 square feet and conform to a certain locational criteria. Then it jumps to anything that is 5,000 feet or less, recognizing such establishments as convenience stores. This is the only criteria that is currently in the Code. She stated that there are a number of small grocery stores throughout the city that are unique--they sell fresh meat, fresh produce, carry-out food, etc. and are uniquely different than a convenience store. She stated that what is unusual is the fact that if these small grocery stores don't meet the criteria of a convenience store, they may not be able to apply for a liquor license. However, if they were a full-service grocery store in these locations, the locational criteria might allow them to apply for a liquor license, because it is different than a convenience store. 23 10/16/2000 Council Member Lien stated that she is asking for the Planning Departtnent to come back with a classification for small grocery stores under 5,000 square feet; and the motion today is just for them to prepare that classification for review. These stores would still have to go through the same process as a full-fledged grocery store, or convenience store, and meet the necessary criteria to obtain a liquor license. Ms. Lien pointed out that these small stores fill a real niche in the community, and in many cases the availability to have a beer and wine license is the difference between being able to meet the bottom line. She requested Council support in asking the Planning Departtnent to come back with this new classification for review. Council Member Suarez inquired whether they would still have to meet all Alcoholic Beverage Control and local requirements, and Ms. Lien replied in the affirmative. Also, according to the Development Services Departtnent, these locations would also require a conditional use permit, which would specify hours of operation, how many square feet could be devoted to alcoholic beverages, etc. It would clearly identify that these are full-service grocery stores and meet the criteria of having fresh meat, fresh produce, etc. It would not be a classification that a convenience store could in any way imitate. Council Member Anderson stated that she would like to have a pin map established of all the stores that would fall under this classification--where they are in the city and their proximity to other major stores that sell alcohol. She also wanted to know whether the 5,000 square feet would be for the purpose of displaying items, or would it include storage rooms, etc. Council Member Estrada noted that neighborhood stores do serve a purpose; however, more information is needed on the liquor licenses already in existence in these areas. She would like to see how many licenses there are around these areas, as she would hate to enact some directive only to find out later that the Police Departtnent isn't going to go along with issuing a license because there is already an over abundance of licenses in the area. Council Member Lien advised that she has spoken with the Police Departtnent about this classification and they have made it clear that they don't care how many classifications we have in the Code, because there are only going to be so many liquor licenses in the city, the density isn't going to be any higher, and if the Police Departtnent thinks it would pose a risk to a neighborhood, it just won't happen. All this will do is put these small grocery stores on an even playing field with the larger grocery stores. Council Member Schnetz stated that he supports this concept; however, he would want to see a lot more on how the criteria finally develops and comes together. 24 10/16/2000 Frank Telles, a restaurantlmarket consultant, stated that he has helped to establish several of these markets, which he believes offer a better quality of service and better products to the community and should be able to offer beer and wine to their customers. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council direct Planning staff to initiate an amendment to the Development Code to establish neighborhood-serving grocery stores as a permitted use, subject to a conditional use permit, and to prepare appropriate development criteria. RES. 2000-313 - 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 GENERA TED SHARPS COLLECTION SERVICES. (Continued from October 2, 2000)(26) Council Member Estrada stated that she did not think most people know where to take their hazardous materials for disposal and inquired whether there was some way the City or the County could publicize where and how to get rid of hazardous materials. City Administrator Wilson suggested that this information could be included as an insert in the City's water bills, included in the News of the City, and broadcast on Channel 3. It was also suggested that the Neighborhood Cluster Associations be used to get the word out to the residents. Council Member Suarez made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2000-313 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. AUTHORIZE - AMENDMENT TO CONTRACT - BETWEEN CITY & BOARD OF ADMINISTRATION - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) - 2 % AT 55 BENEFIT (27) 25 10/16/2000 RES. 2000-314 - RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SAN BERNARDINO (27) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. First (27) Council Member McCammack made a motion, seconded by Council Member Suarez, that said resolution be adopted; and that said ordinance be laid over for final adoption. The motion carried and Resolution No. 2000-314 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RECESS MEETING At 11:46 a.m., Mayor Valles recessed the meeting to 3:30 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 3:39 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, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. RES. 2000-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INCREASE OF ANNUAL PURCHASE ORDER CONTRACT #01-126, ISSUED TO INLAND UNIFORMS FROM $15,000.00 TO $41,421.00. (Discussed earlier in the meeting - page 14) (19) 26 10/16/2000 Lieutenant Steve Jarvis distributed an interoffice memorandum addressed to the Council Members, dated October 16, 2000, regarding the Request for Council Action relative to Purchase Order Contract #01-126, 1999/2000 and 2000/2001, which provided a comparison of the various uniform accounts for fiscal year 1999/2000 and 2000/2001. Lieutenant Jarvis provided an overview of the memo and answered questions regarding the bidding process. Council Member McGinnis made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-315 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:43 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. DISCUSSION & POSSIBLE ACTION - FUNDING - STATE STREET EXTENSION - PHASE I (Continued from October 2, 2000) (Discussed earlier in the meeting - page 17) 25) Ray Casey, City Engineer, submitted an interoffice memorandum addressed to Mayor Judith Valles and Common Council, dated October 16, 2000, regarding the State Street Memorandum of Understanding (MOU). Said memo was submitted in response to questions and concerns raised earlier in the meeting regarding the School District's "fair share" toward the Phase I State Street Improvements. Mr. Casey advised that the memo detailed the School District's contribution toward off-site improvements related to the new high school and reviewed with the Council highlights of the information contained in the memo. He advised that staff is actually looking at three or four different scenarios relative to State Street and State Street storm drain improvements. Norman Johnson, owner of Fourth Street Rock Crusher, reiterated that he was willing to go forward with construction of State Street, irrespective of what the School District contributes. He commented that he did not want the Council to lose sight of the fact that there are funds needed to acquire right-of-ways in Phases II, III, and IV. He stated that he has already contributed additional easements for the State Street construction from Base Line Street down to the School District road. He stated that as far as Phase I is concerned, it is no longer in his realm except to sign an agreement and begin construction. 27 10/16/2000 Mr. Johnson stated he is really concerned about Phases II, III, and IV. He noted that his original proposal of 18 months ago stated that when he had the funds he would build Phases I, II, III, and IV. He stated that Phase I is now behind us, and on Phases II, III, and IV he believes he will have the funds to build that before the end of the year, all the way to Fifth Street. However, what is not in place is the Council's instructions to the staff to draft an agreement, and this needs to be done. He needs to know what mechanism will be in place for reimbursing him for spending his money. He stated that if the Council was going to move forward, they needed to move forward on all phases of the project. Council Member Schnetz stated that according to the memo from Mr. Casey, it was his understanding that the School District's participation amount is $81,000; and he questioned whether this was their contribution of $36,000 for construction of State Street and their contribution of $45,000 for the signal. Mr. Casey stated that this was correct. Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council approve the State Street Memorandum of Understanding and deal points as outlined in memos dated 10/12/00 and 10/16/00 from City Engineer Ray Casey, and that staff be directed to return to the Mayor and Council meeting of November 20, 2000, with an agreement for execution. CITY ATTORNEY PENMAN EXCUSED At 3:56 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. CITY ADMINISTRATOR WILSON EXCUSED At 3:56 p.m., City Administrator Wilson left the Council meeting. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL AND SPECIAL COUNSEL SABO ARRIVED At 3:56 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo arrived at the Council meeting. 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 3:56 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 28 10/16/2000 Bernardino Associated Communities Financing Authority and Mayor and Common Council. 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. (Continued from October 2, 2000) (R29) Executive Director Van Osdel advised that staff was requesting that this item be referred back to the Redevelopment Committee for further consideration. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission refer this item to the Redevelopment Committee for action and recommendation to the Community Development Commission. RES. CDC/2000-36 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE THE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) HOME AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. (NHS) AND APPROPRIATING UP TO $60,000 FROM THE HOME CHDO ADMINISTRATION FUND - NHS HOMEOWNERSHIP CENTER AT 1400 NORTH "D" STREET. (R30) Maggie Pacheco, Director of Housing and Community Development, reviewed highlights of the staff report dated October 5, 2000, with the Council. Council Member Schnetz questioned a cost of almost $400,000 for improvement of a 1200 to 1400 square foot building, stating that the dollar amount seemed awfully high. Ms. Pacheco explained that some of the costs were associated with the acquisition of the adjacent parcel on 14th Street, which came with numerous liens which needed to be cleared. Council Member Estrada made a motion, seconded by Council Member Lien, that said resolution be adopted. 29 10/1612000 Resolution No. CDC/2000-36 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. CDC/2000-37 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE LOAN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AFE- PIONEER ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), IN THE AMOUNT OF $250,000, FROM THE LOW- AND MODERATE-INCOME HOUSING FUND, FOR THE ACQUISITION OF THE P10NEER PARK PLAZA AFFORDABLE ELDERLY RENTAL HOUSING PROJECT LOCATED AT 560 NORTH "F" STREET (CENTRAL CITY NORTH PROJECT AREA). (R31) Agency Executive Director Van Osdel noted that this matter came before the Council on June 19, 2000, at which time it was anticipated that the funds would be used for rehabilitation. However, the applicant has received approval on 4 percent tax credits and bond financing, and would prefer that our money be applied for the acquisition. Therefore, staff is recommending approval of the loan agreement for acquisition as opposed to rehabilitation. Council Member Anderson noted that when the matter was previously discussed relative to rehabilitation, it was noted that the carpeting was very old and major repairs needed to be made, and she questioned what was going to happen with the carpeting and repairs that should be done, now that the $250,000 will be spent for acquisition. Maggie Pacheco, Director of Housing and Community Development, pointed out that the rehabilitation is still scheduled to be completed--that there is over $900,000 of rehab costs, which includes the carpeting. She stated that the proceeds available from the tax credits and the state financing will be used to accommodate all the rehabilitation. She added that we are still assured that the rehabilitation will occur; however, it is just a different source of funding. Council Member Estrada questioned where the 4 percent tax credits and bond monies were at the time this item was first brought to the Redevelopment Committee. She stated that if the committee had been briefed that staff was working on something else that was going to modify this arrangement they could have used the $250,000 someplace else. Ms. Pacheco explained that these funds were very tentative at the time, and when staff brought it before the committee the FHA financing had not been fine-tuned and neither had the conditions of the tax partners. She indicated that staff would have 30 10/16/2000 gone back to RDA Committee for their approval, but they ran out of time, as the closing is to occur the first week of November. Ms. Pacheco also indicated that the borrower will still have the shortfall, as none of the numbers have changed and they still have a deficit in terms of project costs. Staff is simply changing the categories for which the dollars will be used. She apologized for not explaining in more detail the financing, stating that oftentimes a lot of issues come up that she is not privy to at the time of discussing it with the committee. Council Member Schnetz made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. CDC/2ooo-37 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: None. (Note: Although she was seated at the dais, Council Member Estrada did not register a vote.) Senior Assistant City Attorney Carlyle advised that according to the agreement relative to this Senior Citizen Housing Complex, the attempt is that for the next twenty years it will be confmed to senior citizens, as that term is defmed. He advised, however, that there has been a push for a change in state law to give more rights to grandparents, and if that occurs, the law could very well supercede the Commission's intent to limit the complex to only the elderly or the caregiver of the elderly. A situation could occur whereby the grandparent becomes the legal guardian of the grandchild, who would then be entitled to stay with the legal guardian, even if that legal guardian was in a senior citizen complex. COUNCIL MEMBER SUAREZ EXCUSED At 4:09 p.m., Council Member Suarez advised that he was on the Board of the Convention and Visitors Bureau, registered an abstention vote on Agenda Item No. R32, and left the Council meeting. TERMINATE MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY DEVELOPMENT COMMISSION & CONVENTION AND VISITORS BUREAU (CVB) (R32) Gary Van Osdel, Agency Executive Director, submitted a staff report dated October 9, 2000, regarding termination of the Memorandum of Understanding between the Community Development Commission and the Convention and Visitors Bureau (CVB). 31 10/16/2000 Mr. Van Osdel advised that for many years the Economic Development Agency has been providing services to the CVB Board of Directors; however, now that funding is being provided by the City and not the Agency, staff is recommending that the Agency MOU with the Convention and Visitors Bureau be terminated. Council Member McCammack made a motion, seconded by Council Member Anderson, that the Community Development Commission approve the termination of the Memorandum of Understanding between the Community Development Commission and the Board of Directors of the Convention and Visitors Bureau. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, McCammack. Nays: None. Abstentions: Council Member Suarez. Absent: None. COUNCIL MEMBER SUAREZ RETURNED At 4: 10 p.m., Council Member Suarez returned to the Council meeting and took his place at the Council table. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 4:10 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 4:10 p.m., Economic Development Agency Special Counsel Sabo left the Council meeting. PUBLIC COMMENTS (33) Susan Rogers, a local citizen, spoke regarding the parolee situation in San Bernardino. Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, encouraged people to vote on November 7, and expressed his concerns regarding the financing of the lakes and streams project and his perception of discrimination against senior citizens and minorities in selected areas. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, shared a picture of Detective Rocha taken on October 10, 1998, stating that it showed Mr. Rocha with all the evidence and records related to the death of Paul Wells. He alleged that said records were held back by the San Bernardino police officer for over seven months and were not turned in to evidence until after the DA had conducted his investigation into 32 10/16/2000 the death of Mr. Wells and determined there was insufficient evidence. He alleged that situations such as this are still occurring throughout the County. Mr. Lindberg stated that he felt this was important because City Attorney Penman is supposed to be keeping a lid on the corruption in this County, and you don't sit on evidence in a homicide investigation. He stated he views it as being an accessory after the fact in a homicide. He stated he hoped Measure M would relieve Mr. Penman from some of the power he has. City Attorney Penman stated that contrary to what Mr. Lindberg said, the City Attorney has no authority in the County--he is the City Attorney and whatever goes on in the County is up to the District Attorney or the County Counsel. He stated that he is frequently asked by people how it is that when these comments are made which are somewhat critical of him, that he manages to sit and listen without blowing up. Mr. Penman advised that you have to remember to use you temper, not to lose it. He stated he would like to leave the Council with one thought from Aristotle that he uses whenever he teaches Anger Management classes. "Anybody can become angry, that is easy; but to be angry with the right person, and to the right degree, and at the right time, and for the right purpose, and in the right way, that is not within everybody's power and is not easy. " RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 2) (1) At 4:19 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections listed as A-G under Agenda Item No.1, pages 1 & 2, including the two additional cases announced by City Attorney Penman. CLOSED SESSION At 4:36 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, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle; Economic Development Agency Executive Director Van Osdel and Director of Administrative Services Lindseth. 33 1011612000 DEPUTY CITY ATTORNEY EMPENO & PRINCIPAL PLANNER ROSS ARRIVED At 4:42 p.m., Deputy City Attorney Empefto and Principal Planner Ross arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL & DIRECTOR OF BUSINESS ADMINISTRATION LINDSETH EXCUSED At 4:42 p.m., Economic Development Agency Executive Director Van Osdel and Director of Business Administration Lindseth left the closed session. COUNCIL MEMBER LIEN EXCUSED At 5:04 p.m., Council Member Lien left the closed session. ADJOURN CLOSED SESSION/MEETING (33) At 5:23 p.m., the closed session/meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, November 6, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. R.\CHEL G. CLARK City Clerk By g:k ~ /M~ Linda E. Hartzel Deputy City Clerk No. of Items: 33 No. of Hours: 5.5 34 10/1612000