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HomeMy WebLinkAbout11-06-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 6, 2000 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:10 a.m., Monday, November 6, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 16) (1) At 8:10 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Nicholas Barber, a minor by and throul1;h his j!;Uardian ad Litem, Wanda F. Bryant, v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 62699; City of San Bernardino Municipal Water Departtnent v. the United States Departtnent of the Army - United States District Court Case No. CV 96- 8867 consolidated with CV 96-5205; Rose Mihata v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 30467. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. 1 11/6/2000 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: Negotiating Parties: Under Negotiations: 2. Property Address: Negotiating Parties: Under Negotiations: APN 261-191-27, 28, 29 & 30 (The Glacier Property) Gary Van Osdel on behalf of the Economic Development Agency and Scott Martin for Remington Development, Inc., and Ernie Vincent for Century Crowell Communities Purchase terms and conditions APN 141-262-03 & 15 and APN 141-281-01 (15.26 Acres - Arrowhead & Orange Show Road) Gary Van Osdel on behalf of the Economic Development Agency and George Schnarre for the Humane Society Purchase terms and conditions CLOSED SESSION At 8:11 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 2 11/6/2000 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Administrative Operations Supervisor Anderson, City Attorney's Office. 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 while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 8:24 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:01 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, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. INVOCATION The invocation was given by Father Barnabas Laubach, St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Coty Darst, a fifth-grade student at Bradley Elementary School. APPOINTMENTS There were no appointtnents. (2) PROCLAMATION - NATIONAL YOUNG READERS DAY - NOVEMBER 8, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring November 8, 2000, "National Young Readers Day." 3 11/6/2000 Ophelia Roop, Library Director, accepted the proclamation. PRESENTATION CERTIFICATE OF STEPHANIE BORBOA RECOGNITION (3) Mayor Valles presented a certificate of recognition to Stephanie Borboa, a tenth- grade student at San Bernardino High School, whose artwork was chosen as the logo used on the State of California Official Voter Information Guide and ballot. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, announced various events taking place in the City of San Bernardino including the Harvest Fair on November 10-11, and a ribbon cutting at the Arrowhead Credit Union on November 17, and he encouraged citizens to get out and vote. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack stated that voting was a very important civic responsibility and encouraged everyone to vote. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson reiterated the necessity of voting and urged everyone to exercise the right to vote. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez stressed the importance of voting; stated that the Kendall Neighborhood Association hosted a Halloween festival; and reported that the Blair Park Neighborhood Association spent the weekend painting several areas of the park and have plans to plant shrubs and flowers. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9: 12 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz gave an update of the Mountain A venue closure between 39th and 40th Streets, and stated that the new completion date was the first week in December. 4 11/6/2000 ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien indicated that she had received several phone calls regarding the fact that tents were being used to temporarily relieve the crowding at Juvenile Hall and reported that the County Medical Center Site Reuse Committee had asked to speak with the Departtnent of Corrections relative to the concerns of the neighbors. Ms. Lien announced a four-block cleanup that took place in the Neighborhood Initiative Project Area, and noted that within 45 days work would hopefully begin on the $5,000 beautification grants and the block-by-block restoration process for the homeowners in that area. COUNCIL MEMBER McGINNIS ARRIVED At 9:14 a.m., Council Member McGinnis arrived at the Council meeting and took his place at the Council table. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada urged everyone to vote, stating that the election would have tremendous impacts both locally and in Washington, D.C., and requested that all candidates remove their signs after the election. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis thanked Jeri Simpson for his invitation to join the Red Ribbon Week Parade and activities; and extended congratulations to Brenda Campbell for receiving the NAACP Pioneer Award at Cal State. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles reported that the Harvest Fair had a very successful opening weekend and would be continuing the weekend of November 11 and 12, with the proceeds benefiting the Center for Individuals with Disabilities; and announced the opening of the Arrowhead Credit Union at Mt. Vernon A venue and Fifth Street on November 17, commending Council Members Estrada and Anderson for helping to make it happen. Mayor Valles stated that the concert presented two weeks ago by the Inland Empire Symphony Association and the Sinfonia Mexicana Society was outstanding and featured the guest conductor, Maestro Jose Guadalupe Flores, who is the principal conductor of the Philharmonic Orchestra in the State of Queretaro, Mexico, and a group of very talented musicians called Tlen Huicani, who came from the State of Veracruz. Mayor Valles stated that the concert was very well attended and extremely well done and congratulated the Inland Empire Symphony Association and the Sinfonia Mexicana for presenting yet another outstanding concert. Mayor Valles remarked that the dance program presented by Theatrical Arts Entertainment at the California Theater also drew a full house. The Mayor announced that season tickets for this year have 5 11/6/2000 been sold out, but an additional performance of Phantom of the Opera was added and tickets were selling fast. Mayor Valles presented an update on the progress taking place with various infrastructure projects including: . The first phase of the Greater Downtown Improvement Program has recently begun on "E" Street. A new storm drain is under construction between 4th and 5th Streets, and a pavement reconstruction project between 4th and 6th Streets. . A number of the street rehabilitation projects included in the current Capital Improvement Program are scheduled to begin the [mal design process in December including Pepper Road, Commercial Drive, 6th Street, 40th Street, 9th Street, and others. . The City has been working closely with CALTRANS and SANBAG staff on issues which will benefit the City of San Bernardino for years to come - issues such as Freeway access associated with the 1-215 and Route 30 (210) projects and additional sound walls on the existing Route 30. . The City applied for and received authorization for approximately $1,000,000 in ftmding from Southern California Edison to replace many of the traffic signal bulbs with more energy efficient L.E.D. bulbs resulting in an ongoing energy savings in an amount exceeding $100,000 annually. . The Public Services Departtnent has prepared a specification for bid on major asphalt work on Waterman Avenue and on Hospitality Lane. Staff is expecting work to commence on this in late January. . In the area of tree trimming, West Coast Arborists is working to complete the tree trimming in Area Two. Residents are encouraged to call the Public Services Departtnent at 384-5045 to report any fallen branches or trees. . Finally, the City will purchase three new street sweepers that the Council authorized to purchase in September and are slated to arrive by November 10. These sweepers will replace three of the City's existing Il-year-old sweepers. This will improve the reliability of the sweeping operation and ensure that the City will, whenever possible, sweep residential streets on the day scheduled. Residents can find out what day of the month their streets are scheduled for sweeping by calling the Public Services Departtnent at 384-5335 or 384-5045. In conclusion, Mayor Valles announced that she was asked to chair the Visioning Committee for the Southern California Association of Governments to address the issues that impact Southern California such as education and housing, and specifically low cost housing and the balance between jobs and housing in an effort to place jobs closer to where people live versus congesting the freeways and polluting the air. 6 11/6/2000 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman joined his colleagues in encouraging everyone to vote. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson advised the Council that the City would be conducting an emergency preparedness drill on Thursday, November 9, in conjunction with a Statewide emergency drill, which would involve all major hospitals in the City and throughout the State. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark shared with the audience some of the comments made by Secretary of State Bill Jones regarding the election by quoting from a paper entitled, "Your Vote Makes A Difference, Why Voting is so Important." City Clerk Clark reminded the viewing audience that the polls will open on November 7 at 7 a.m., and will close at 8 p.m. Any absentee ballots not yet returned should not be mailed, but should be returned to any polling place in the County or to the Registrar of Voters (ROV) located at 777 E. Rialto Avenue. City Clerk Clark listed several ways to stop election fraud and named the top four reasons why absentee ballots are not counted. Mrs. Clark stated that the City Clerk's office would be staffed until 8 p.m. to assist voters with questions regarding polling locations and could be reached at 384-5002, or voters could call ROV at 387-8300, and that updated results would be available throughout the evening at the County's website at www.sbcrov.com. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) 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 meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: October 2,2000. 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 7 11/6/2000 issue warrants as listed on the memorandum dated October 31, 2000, from Barbara Pachon, Director of Finance, be approved. WAIVE FEES - McDONALD'S CAR SHOW & CRUISE - NOVEMBER 18, 2000 (9) Fred Wilson, City Administrator, submitted a staff report dated October 23, 2000, regarding the request for a waiver of fees for the McDonald's Car Show and Cruise on November 18, 2000. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the request for a waiver of fees in the amount of $3,967 for facility, personnel and equipment costs associated with the McDonald's Car Show and Cruise and related activities on November 18, 2000, be approved. RES. 2000-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF PAVEMENT ON 6TH FROM TIPPECANOE AVENUE TO VICTORIA AVENUE. (10) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000/01 budget and transfer $15,000 from Account No. 129-367- 5504-7202 (Disabled Access Ramps - various locations) to Account No. 129-367-5504- 7199 (6th Street - Tippecanoe Avenue to Victoria Avenue - pavement rehabilitation). The motion carried and Resolution No. 2000-316 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-317 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MALTON CONSTRUCTION FOR CONSTRUCTION OF SIDEWALKS AND DISABLED ACCESS RAMPS AT VARIOUS LOCATIONS, PER PLAN NO. 10021. (11) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2000-317 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8 11/6/2000 ORD. MC-I089 - 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. (2% at 55) (Final) (14) Council Member Anderson made a motion, seconded by Council Member Suarez, that said ordinance be adopted. Ordinance No. MC-1089 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER FOR AN EMERGENCY MEDICAL DISPATCH SOFTWARE PACKAGE FROM TIBURON INC. OF FREMONT CALIFORNIA. (15) RES. 2000-319 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (16) RES. 2000-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO INCREASE THE EXISTING ANNUAL PURCHASE ORDER TO U.S. ARMOR FROM $20,000 TO $74,941, TO INCLUDE THE BID AWARD AMOUNT ASSOCIATED WITH THREAT LEVEL II BALLISTIC VESTS. (18) Council Member Anderson made a motion, seconded by Council Member Suarez, that said resolutions be adopted. Resolution Nos. 2000-318, 2000-319 and 2000-320 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. PERSONNEL ACTIONS (8) City Attorney Penman extended congratulations to Officer John Vasek on his promotion to Detective, and Doug Dupree on his merit increase. Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the 9 11/612000 Chief Examiner dated November 1, 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. 2000-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY SAN BERNARDINO TO CONDUCT A TRAFFIC STUDY. (12) Council Member Suarez stated that the traffic study was very important for both the City and the University in order to relieve traffic congestion on the roadway leading to and from the California State University San Bernardino campus. Council Member Suarez made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-321 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2000-322 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH R. MOODY CONSTRUCTION, INC. FOR THE CONSTRUCTION OF TWENTY KENNELS AT THE ANIMAL SHELTER, 333 CHANDLER PLACE, IN SAN BERNARDINO. (13) Council Member Estrada questioned whether there was an effort between the Humane Society and the City to enlarge the pound. City Administrator Wilson stated that there was an effort by the Humane Society to build a new facility, and there have been some preliminary discussions between the Humane Society and the Animal Control Departtnent regarding co-locating. Mr. Wilson indicated that the City has plans to hire someone to evaluate the long-term needs of the shelter. Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000/01 adopted budget and transfer $21,900 from the General Fund's unappropriated/undesignated ftmd balance to the Animal Control Fund to be appropriated to Account No. 124-233-5704 (miscellaneous capital equipment). The motion carried and Resolution No. 2000-322 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 1116/2000 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE AWARDED FY 2000/01 CITIZENS OPTION FOR PUBLIC SAFETY FUNDS. (Discussed later in the meeting - page 17) (17) Council Member Estrada questioned whether this included the $1,000,000 set aside for the Police Departtnent. City Administrator Wilson suggested that the matter be discussed at the goal setting meeting scheduled in early December in the context of overall priorities of the organization. Council Member Estrada suggested that it might be time to get a full and comprehensive report of all the funding the Police Departtnent currently has because she understood, and felt the Council understood, that there had been an urgency in appropriating the money. City Administrator Wilson stated that at the last Ways and Means Committee meeting the Police Departtnent presented a report on total grant funds and the likelihood of additional funding. Council Member Estrada stated that she did not think it was prudent that these matters are being heard by the Ways and Means Committee and then come before the Council for approval when the other four members of the Council have not been privy to the discussions, especially as they relate to budget. Council Member Estrada suggested that this item be discussed at a special Council meeting in order to get a full report on the funding from the Police Departtnent. Mayor Valles asked what recommendation was made by the Ways and Means Committee. Council Member Schnetz stated that existing grants and the City's general fund obligation were discussed. The Committee made a committnent to extend the distressed neighborhood team for the next fiscal year, and to discuss the balance during the goal setting process. Council Member Schnetz stated that the Citizens Option for Public Safety (COPS) grants were not part of the distressed neighborhood committnent made by the Committee. Council Member Schnetz stated that he understood that this was additional grant funding that was being renewed. Council Member McGinnis stated that he did not feel this item had anything to do with the distressed neighborhood COPS money and did not see any reason to hold it up. 11 11/612000 Council Member McCammack made a motion, seconded by Council Member Estrada, that the matter be continued to a specific date for a workshop. (The motion was subsequently amended and voted on in the afternoon session of the Council meeting. ) City Administrator Wilson stated that the date previously set for the workshop was Saturday, December 2, 2000, but it was also the date of the YMCA Christtnas Parade. Council Member Estrada stated that City budget items have never gone before the Ways and Means Committee alone-they have always gone to the full Council for consideration. It was the consensus of the Council that the matter be continued to the afternoon in order to set a specific date for the workshop. A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH RESOLUTION 1999-86. (Discussed later in the meeting - pages 18- 20) (19) City Clerk Clark stated that the Police Departtnent requested that the matter be continued to the Council meeting of November 20, 2000, due to the fact that conditions imposed on the development permit had not been fully satisfied. Council Member Anderson made a motion, seconded by Council Member McCammack, that the matter be continued to November 20, 2000. (No vote was taken at this time.) Council Member Suarez stated that he had a document that indicated the conditions had been met. City Administrator Wilson suggested that the matter be continued to the afternoon in order to give the Council time to review the document referred to by Council Member Suarez. CITY ATTORNEY PENMAN EXCUSED At 9:59 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. 12 11/6/2000 PUBLIC HEARING - PROPOSED EXPENDITURE - MONIES ALLOCATED FROM AWARDED LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) 2000 - FISCAL YEAR 2000/01 (Discussed later in the meeting - page 17) (22) Lee Dean, Chief of Police, submitted a staff report dated October 16, 2000, regarding authorization of the Mayor and Common Council to obligate and expend the awarded FY 2000/01 Local Law Enforcement Block Grant (LLEBG) monies for law enforcement support expenditures. Mayor Valles opened the hearing. Captain Curtis, Police Departtnent, presented background information on the grant. Council Member Estrada asked if this matter was similar to the COPS grants. City Administrator Wilson stated that it was a similar issue and could also be deferred to the goal setting workshop for discussion. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE AWARDED FY 2000/01 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FUNDS FOR LAW ENFORCEMENT SUPPORT EXPENDITURES. (22) Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the hearing be closed. Council Member McCammack made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the afternoon and a date be set for the workshop. RECEIVE & FILE - FISCAL YEAR 199912000 YEAR END REPORT (20) Council Member Estrada requested that this information be made available to discuss and take possible action at the workshop. Council Member Suarez made a motion, seconded by Council Member Lien, and unanimously carried, that the Fiscal Year 1999/2000 Preliminary Year End Budget report be received and filed. 13 11/6/2000 RECEIVE & FILE - FISCAL YEAR 2000/2001 FIRST QUARTER BUDGET REPORT (21) Mayor Valles stated that this information would also be made available for discussion and possible action at the workshop. Council Member Suarez made a motion, seconded by Council Member Lien, and unanimously carried, that the fIrst quarter budget update for Fiscal Year 2000/2001 be received and filed. SENIOR ASSIST ANT CITY A TTORNEY CARLYLE EXCUSED At 10:08 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. 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. (Continued from October 16, 2000) (23) Tom Vote, President of Taormina Industries, stated that they have had the processing contract with San Bernardino for almost eight years and urged the Council's approval. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that all bids be rejected and that staff be directed to readvertise for bids. JOIN AMICUS BRIEF - SUPPORT THE STATE DEPARTMENT OF TRANSPORTATION CORNETTE V. DEPARTMENT OF TRANSPORTATION (24) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council authorize the City Attorney to join amicus brief in support of the State Departtnent of Transportation in the case of Cornette v. Department of Transportation before the California Supreme Court. JOIN AMICUS BRIEF - SUPPORT THE CITIES OF LOS ANGELES & LONG BEACH - ALAMEDA BOOKS V. CITY OF LOS ANGELES & LIM V. CITY OF LONG BEACH (25) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council authorize the City Attorney to join in amicus briefs in support of the cities of Los Angeles and Long 14 1116/2000 Beach in the cases of Alameda Books v. City of Los Angeles and Lim v. City of Long Beach before the United States Supreme Court. RECESS MEETING At 10: 14 a.m., Mayor Valles recessed the meeting to 11 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11 :02 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, Suarez, Anderson, McCammack; Deputy City Attorney Empefio, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schnetz. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 00-02 - TELECOMMUNICATIONS ORDINANCE (26) William Woolard, Interim Director of Development Services, submitted a staff report dated October 5, 2000, regarding Development Code Amendment No. 00-02 to add development standards for the construction and modification of antennas, monopoles, and other telecommunication facilities. Mayor Valles opened the hearing. No public comments were received. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030(3) (ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY DEVELOPMENT REQUIREMENTS. (First) (26) Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. RECESS MEETING At 11:08 a.m., Mayor Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. 15 11/6/2000 RECONVENE MEETING At 2:06 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1-2) (1) At 2:06 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 Nos. IE and IG. CLOSED SESSION At 2:06 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, Special Counsel Sabo, Housing and Community Development Director Pacheco, and Business Recruittnent, Retention & Revitalization Director Harris. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL, SPECIAL COUNSEL SABO, DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT PACHECO, AND DIRECTOR OF BUSINESS RECRUITMENT, RETENTION & REVITALIZATION HARRIS EXCUSED. At 2:25 p.m., Economic Development Agency Executive Director Van Osdel, Special Counsel Sabo, Director of Housing and Community Development Pacheco, and Director of Business Recruittnent, Retention & Revitalization Harris left the closed session. 16 11/6/2000 ADJOURN CLOSED SESSION At 2:28 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:30 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE AWARDED FY 2000/01 CITIZENS OPTION FOR PUBLIC SAFETY FUNDS. (Discussed earlier in the meeting - page 11) (17) PUBLIC HEARING - PROPOSED EXPENDITURE - MONIES ALLOCATED FROM AWARDED LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) 2000 - FISCAL YEAR 2000/01 (Discussed earlier in the meeting - page 13) (22) City Administrator Wilson stated that during the lunch hour he came up with a date for the workshop that he hoped would work for everyone and suggested Friday, December 1, 2000, at a time to be announced. Council Member Estrada stated that she thought she had requested a special session to discuss Police Departtnent budget items, including the COPS program, the balance of the 199912000 budget, and the first quarter 2000/2001 budget, which would be separate from the goal setting session. City Administrator Wilson stated that the items would be discussed on the same day due to scheduling difficulties, but the budget issues could definitely be kept separate from the goal setting workshop. Discussion ensued regarding utilization of the $1,000,000 that was appropriated to the Police Departtnent. Council Member McCammack amended her motion, seconded by Council Member Estrada, and unanimously carried, that Items 17 and 22 be continued to December 1, 2000, at a time to be announced. 17 11/6/2000 CITY ATTORNEY PENMAN EXCUSED At 2:41 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empefio. A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH RESOLUTION 1999-86. (Discussed earlier in the meeting - page 12) (19) Valerie Ross, Principal Planner, stated that as the result of a meeting with Captain Curtis, Officer Lawrence, Mr. and Mrs. Hayes, and Dave Schulze, their representative, they came up with some performance dates they believed would accomplish both Planning Department and Police Departtnent goals. After the Council meeting, Mr. and Mrs. Hayes would apply for a temporary Certificate of Occupancy. On December 8 they would submit plans to the Development Services Departtnent for review in order to obtain permits. On December 22 they would post a bond to cover the cost of paving and landscaping, and on January 8, 2001, they would pull the permits and begin construction. Mrs. Ross stated that the purpose of the bond was to insure completion of the improvements, and once completed, the bond would be refundable. Henry Empefio advised that none of the Conditions of Approval had been completed to date. Council Member Lien asked if staff had a list of the Conditions of Approval. Mrs. Ross stated that the Conditions of Approval were site improvements that involved some grading, paving, and landscaping. Council Member Estrada questioned whether the Planning Departtnent was willing to accept the dates for completion of the Conditions that had not yet been completed. Mrs. Ross stated that she was not comfortable with it, but understood that the Police Departtnent was in a bind, and could withdraw the agreement if the performance dates were not met. Captain Curtis stated that the Police Department was currently operating with five tow carriers where they were authorized to have six, and that this was having a direct impact on traffic enforcement. Council Member Estrada asked if the contract could be approved contingent upon the completion of the improvements according to the scheduled dates, and within 30 days, after which time they would receive the contract. 18 11/6/2000 David Schulze, Real Estate Broker and representative for Hayes Towing, stated that it was unrealistic because plan review could take 30 days. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:49 p.m., Deputy City Attorney Empei'io left the meeting and was replaced by City Attorney Penman. Council Member Lien stated that it was in the City's best interest to allow tow services to begin, and if the Conditions of Approval were not completed, the contract would not be renewed. Council Member Anderson inquired as to how long Hayes Towing has been in business. Mike Hayes, Hayes Towing, stated that they have been at the current location for 8 months and in the towing business for 6 years. City Attorney Penman stated that up until a few years ago, the City only had four tow companies and he thought it strange that a sixth tower was needed as an emergency carrier. Mr. Penman asked if a deposit of security had been filed with the Public Works Department in accordance with Development Code requirements. Mrs. Ross stated that a bond had not been requested because the improvement plans had not yet been submitted. City Attorney Penman indicated that he felt that the matter was not ready for action by the Council. Dave Schulze stated that when Mr. and Mrs. Hayes found the location, Code Enforcement led them to believe that the land use designation would accommodate a towing service, and they were told that if they filed for a permit with the City there would be no effort to discontinue their towing operation. Mr. Schulze stated that there was a significant amount of misunderstandings and poor communications. Council Member McGinnis questioned whether a Temporary Use Permit was issued allowing use of the facility as a tow yard. Mrs. Ross stated that a Development Permit was approved in March to establish the tow yard, but did not approve the interim use as such. City Attorney Penman stated that the Development Code prohibits the present use without a Certificate of Occupancy, which meant the business is operating illegally and should be shut down. Mr. Penman indicated that the Council did not have the legal authority to grant the request that was being made. City Clerk Clark stated that they did have a current business registration. 19 11/6/2000 Council Member McGinnis suggested postponing the matter for 30 days in order to give the Hayes' time to meet some of the requirements. Captain Curtis stated that the Police Departtnent felt that Hayes Towing was an existing business in good standing with a valid business permit running an authorized tow yard and it wasn't until just recently that they learned of the Planning Departtnent's concerns about the lack of action on the Development Permit approval process. The Planning Departtnent explained that the lack of performance was possibly due to communication errors on both sides and could be worked out should they receive a two- week or a 30-day continuance, which explained the Police Departtnent's initial request for a two-week continuance. Ms. Ross stated that she did not believe two weeks would be enough time. Council Member McGinnis made a substitute motion, seconded by Council Member Suarez, that the matter be continued to December 4,2000. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Member McCammack. Absent: None. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 3:07 p.m., City Attorney Penman and City Administrator Wilson left the Council meeting and were replaced by Senior Assistant City Attorney Carlyle and Economic Development Agency Executive Director Van Osdel, respectively. 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 3:07 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development CommissiOn/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 20 11/6/2000 RES. CDC/2000-39 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. 1 TO THE LOAN AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE JORDAN AND HILDA GRINKER FAMILY TRUST AND SOUTHERN CALIFORNIA PRIVATE SCHOOLS AND CONSENTING TO ASSIGNMENT OF THE LOAN AGREEMENT TO HARRY WILLIAM PRUITT, SR. (R28) Gary Van Osdel, Economic Development Agency Executive Director, reviewed highlights of the staff report with the Council. Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. CDC/2ooo-39 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: Council Member Schnetz. Absent: None. EXTEND - SKADRON LOAN AGREEMENT - ONE YEAR (R29) Ann Harris, Economic Development Agency Director of Business Retention, Recruittnent & Revitalization, submitted a staff report dated October 23, 2000, regarding the Skadron Loan Extension. Gary Van Osdel, Economic Development Agency Executive Director, reviewed highlights of the staff report with the Council. Council Member Schnetz made a motion, seconded by Council Member Suarez, and unanimously carried, that the Community Development Commission extend the Skadron Loan for a period of one (1) year at 9% interest. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. I TO THE SEPTEMBER 7, 1999, COOPERATIVE/ DELEGATE AGENCY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE GRANT PROGRAM (NIP) (R31) Gary Van Osdel, Economic Development Agency Executive Director, stated that the matter was not ready to go forward and requested a continuance to November 20, 2000. 22 1116/2000