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HomeMy WebLinkAbout11-20-2000 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 20, 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 Pro Tem Anderson at 8:08 a.m., Monday, November 20, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Anderson; Council Members McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Estrada, Lien. City Attorney Penman announced that the following additional case would be discussed in closed session: Ezzat Soliman vs. City of San Bernardino, a municipal corporation - U.S. District Court Case No. EDCV 00-301 V AP (RCx). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 24) (1) At 8:08 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Juan P. Cervantes v. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 54794; 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; I 11/2012000 Hil1;hland Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (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 Govermnent 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. Property Address: APN 136-111-22 Negotiating Parties: Ann Harris on behalf of the Economic Development Agency and George Schnarre Under Negotiation: Purchase Terms and Conditions CLOSED SESSION At 8:08 a.m., Mayor Pro Tem Anderson called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Anderson; Council Members McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Estrada, Lien. 2 11/20/2000 Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office; and Special Counsel Joe Arias of Lewis, D' Amato, Brisbois, & Bisgaard. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:17 a.m., Council Member Estrada arrived at the closed session. SPECIAL COUNSEL ARIAS EXCUSED At 8:25 a.m., Special Counsel Arias left the closed session. ADJOURN CLOSED SESSION At 8:40 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Pro Tem Anderson reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Anderson; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Lien. INVOCATION The invocation was given by Reverend Willie Patton, Jr., of Bethesda Missionary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Gladys Anoya, a student from Ramona Alessandro Elementary School. APPOINTMENTS (2) There were no appointtnents conferred at this meeting. 3 11/20/2000 PROCLAMATION - LATINO BOOK & FAMILY FESTIVAL WEEKEND - DECEMBER 2 & 3, 2000 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the weekend of December 2 & 3, 2000, as Latino Book and Family Festival Weekend. Martin Valdez of the Hispanic Chamber of Commerce accepted the proclamation and thanked the City for its support of this event. PRESENTATION TO CITY OF SAN BERNARDINO RECOGNITION OF CITY'S AFTER-SCHOOL PROGRAMS - FROM SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (3) Judy White, Assistant Superintendent of Education Services, San Bernardino City Unified School District, presented a plaque to the City in recognition of the City's involvement in after-school programs. Lynn Knutson, Recreation Supervisor, and John Kramer, Superintendent of Recreation, accepted the plaque on behalf of the City. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, President of the San Bernardino Area Chamber of Commerce, congratulated the Arrowhead Credit Union on their recent grand opening, congratulated Juan Polio on the successful car show and cruise they sponsored over the weekend, announced that California State University at San Bernardino would hold their entrepreneurship breakfast on November 21 at 7:45 a.m., announced the Chamber's Education Division meeting regarding the Valley College District on November 28 and the Chamber's Forest of Hope event to be held November 24 through December 17, announced the annual YMCA holiday parade on December 2 and the YWCA holiday brunch at the Hilton on December 3, and wished everyone a happy Thanksgiving. SERVICE PIN AWARDS Teri Rubi, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: 4 11/20/2000 Name Susan Hoak Kenneth Joswiak Departtnent Animal Control Parks, Recreation & Community Services Parks, Recreation & Community Services Police Police Years of Service 20 20 Lynn Knutson 10 Cecelia Cortez Richard Johnson 15 10 Each employee received a service pin presented by Mayor Pro Tem Anderson. PRESENTATION - CITY ATTORNEY'S OFFICE - TIGER AWARD (3) City Attorney Penman presented the City Attorney's Office official "Tiger Award" to Deputy City Attorney Jolena Barnes in recognition of the many cases she has won this year. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated she was grateful to have a branch of the Arrowhead Credit Union established at the corner of Fifth Street and Mount Vernon Avenue in the First Ward. She thanked Mayor Valles for her efforts in establishing the facility at this location, stating that it has been over 30 years since a banking institution has been located on the west side of San Bernardino. She also congratulated Martin Valdez for his work on the upcoming book fair and his leadership at the Hispanic Chamber of Commerce. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis made the following announcements: Beyond Signs and Graphics, located at 650 South "E" Street, gives a 10 percent discount to Chamber members; Business Bank of California is making loans; Cal State San Bernardino has basketball season tickets available; J. R. Freeman Company has picnic supplies; Chili's has gift cards available for the holidays; and the Castaways has a daily luncheon buffet and will also be serving Thanksgiving dinner. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that every Tuesday night is taco and beer night at Joe Suarez' place and wished his constituents a happy Thanksgiving holiday. 5 11/20/2000 ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez noted that it has been 20 years since the Panorama fires and advised everyone to make sure that the area surrounding their homes is free from weeds and flammable materials. He also wished everyone a happy Thanksgiving. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack announced that she had met with County Flood Control regarding the Twin Creek wash. The meeting included representatives for Dr. Nag and for the North End Neighborhood Association (NENA), representatives from the City Attorney's Office and from the Planning Departtnent. Their goal was to make sure that the citizens are informed and involved in the process relative to the restoration of the flood control channel. She thanked those who joined her in this endeavor and thanked all Seventh Ward residents who have called with their concerns. She commended the local citizens for the near record-setting voter turnout at the recent election and congratulated her daughter, McKenzie, on her 11th birthday. ANNOUNCEMENTS - MAYOR PRO TEM ANDERSON (4) On behalf of Mayor Valles, Mayor Pro Tem Anderson made the following announcements regarding the City's Infrastructure Program: The first phase of the Greater Downtown Improvement Program was recently completed--a new storm drain was constructed between 4th and 5th Streets and the pavement between 4th and 6th Streets was reconstructed as well; the architectural design of the Santa Fe Depot restoration has begun, with actual hazardous material removal and building "cleanup" to begin after the ftrst of the year; Public Works staff is preparing the bid packages pursuant to the $1,000,000 in funding recently authorized by Southern California Edison to replace traffic signal bulbs citywide with more energy efficient L.E.D. bulbs; and Public Works staff will be receiving bids on the "Traffic Calming" improvements at 21" and San Gabriel Streets on November 28,2000. Mrs. Anderson also commented on the graduation ceremony the previous weekend when 37 young men graduated from a program conducted by the U.S. Marine Corp. and the Parks, Recreation and Community Services Departtnent. This is a program conducted at the Public Enterprise Building, which is for all boys and girls ages 10-17 years who need to learn about discipline. She made positive comments regarding the "Cruizin E Street" event sponsored by Juan Polio and wished everyone a happy Thanksgiving holiday. 6 11/20/2000 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman thanked the citizens who turned out for the City's recent election, stating that it is now time to put our differences behind us and work for the common good of the city. He also wished everyone a happy Thanksgiving. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. CLAIMS & PAYROLL (6) Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried. that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 15, 2000, from Barbara Pachon, Director of Finance, be approved. WAIVE FEES - YMCA CHILDREN'S CHRISTMAS PARADE - DECEMBER 2, 2000 (8) Fred Wilson, City Administrator, submitted a staff report dated November 7, 2000, requesting a waiver of fees in the amount of $4,212 for the annual YMCA Children's Christtnas Parade. Council Member Suarez made a motion, seconded by Council Member Schnetz, and unanimously carried, that the request for a waiver of fees in the amount of $4,212 for facility, personnel and equipment costs associated with the 23'" Annual YMCA Children's Christtnas Parade, be approved. RES. 2000-323 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS STRATEGIC PLAN TO EXPEND STATE FUNDS FOR FULL RIGHT-OF-WAY ACQUISITION FOR CONSTRUCTION OF THE STATE ROUTE 210 FREEWAY (FORMERLY KNOWN AS ROUTE 30) BETWEEN INTERSTATE ROUTES 15 AND 215, AND TO ACCELERATE ACQUISITION OF CERTAIN PARCELS LOCATED WITHIN CITY BOUNDARIES. (10) 7 1 I/20/2ooo Council Member Suarez made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2000-323 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 29, GENERALLY LOCATED ALONG PORTIONS OF 3RD STREET AND VIADUCT BOULEVARD BETWEEN "K" STREET AND 2ND STREET IN THE CITY OF SAN BERNARDINO. (11) Council Member Suarez made a motion, seconded by Council Member Schnetz, that the Interim Director of Development Services be authorized to proceed with the establishment of Underground Utility District No. 29, portions of 3" Street and Viaduct Boulevard between "K" Street and 2nd Street, pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution be adopted. The motion carried and Resolution No. 2000-324 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RES. 2000-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) TO CONSTRUCT THE REDLANDS SUBDIVISION "FIRST MILE" IMPROVEMENTS. (13) RES. 2000-326 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIM AND NASCIMENTO, INC. FOR CIVIL ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR SEISMIC RETROFIT OF FOUR (4) BRIDGES. (15) 8 11/20/2000 RES. 2000-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO A WARDING A CONTRACT TO ARCHITECT MILFORD WAYNE DONALDSON, FAIA, INC. FOR PREPARING A FINAL PLAN, SPECIFICATIONS, AND ESTIMATES FOR RENOVATION AND RETROFIT OF THE SAN BERNARDINO SANTA FE DEPOT. (16) RES. 2000-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA ENDOWMENT IN THE AMOUNT OF $148,860 TO PROVIDE YOUTH MENTORING SERVICES FOR THE PERIOD OF DECEMBER I, 2000 THROUGH NOVEMBER 30,2002. (18) RES. 2000-329 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT THAT DEFINES THE OPERATING AGREEMENTS BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). (19) Council Member Suarez made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 2000-325, 2000-326, 2000-327, 2000-328, and 2000-329 were adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. PERSONNEL ACTIONS (7) Council Member Suarez made a motion. seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated November 15, 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. 9 1 I/20/2ooo ORD. MC-I090 - 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. Final (9) Council Member McGinnis made a motion, seconded by Council Member Suarez, that said ordinance be adopted. Ordinance No. MC-1090 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. APPROVE - CHANGE ORDER NO. TWO - HOLLAND-LOWE CONSTRUCTION, INC. - STREET IMPROVEMENTS/TRAFFIC SIGNAL MODIFICATION WATERMAN A VENUE & HOSPITALITY LANE - AMEND FY 2000/2001 BUDGET & TRANSFER FUNDS (Discussed later in the meeting - page 17) (12) William Woolard, Interim Director of Development Services, submitted a staff report dated October 25, 2000, regarding Contract Change Order No. Two to the contract with Holland-Lowe Construction, Inc., for street improvements and traffic signal modification at Waterman Avenue and Hospitality Lane. Council Member McGinnis inquired whether Community Development Block Grant (CDBG) funds could be used for this purpose, since there were over $20,000 of CDBG funds left over on this particular intersection. City Administrator Wilson stated that he would research this and suggested that the item be held over and discussed after lunch. RES. 2000-330 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KORVE ENGINEERING, INC. FOR CIVIL ENGINEERING SERVICES FOR STREET IMPROVEMENTS OF PEPPER LINDEN FROM KENDALL DRIVE TO NORTHPARK BOULEVARD. (14) Council Member Estrada noted that on the synopsis of the staff report it denoted an amount of $37,800, yet the funding requirement is shown as $57,000. 10 11/20/2000 Mr. Woolard pointed out that the $37,800 had been to conduct a traffic study of multiple intersections in the area, while the $57,000 is for the actual engineering services for the design of the Pepper Linden Street. Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-330 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. RESOLUTION OF THE CITY OF SAN BERNARDINO FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS. (Discussed later in the meeting - page 17) (17) Council Member McCammack expressed concern regarding certain language contained in the resolution and asked that this item be discussed later in the afternoon to enable staff to get more information from the Public Employees Retirement System (PERS) and payroll. RES. 2000-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXPENDITURE OF THE AWARDED FY 2000/01 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PURCHASE (CLEEP) GRANT FUNDS FOR THE PURCHASE OF HANDIE-TALKIE RADIOS AND AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER FOR $164,435 TO MOTOROLA INCORPORATED OF RIVERSIDE, CA. (20) Council Member Estrada made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-331 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. DISCUSS - POSSIBLE ACTION - FUNDING OF PHASE I - STATE STREET EXTENSION (Continued from October 16, 2000) (22) William Woolard, Interim Director of Development Services, submitted a staff report dated November 16, 2000, recommending that the State Street extension matter be continued to December 4,2000. 11 11/2012000 Council Member Schnetz made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 4,2000. 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) (Note: Action was taken on this matter at the Council meeting of November 6, 2000; therefore, there is no backup material available for reference.) Council Member Suarez made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be tabled. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF RIALTO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIALTO, AND CITY OF COLTON FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM (STP) FUNDING FOR THE EXTENSION. (24) William Woolard, Interim Director of Development Services, submitted a staff report dated November 15, 2000, regarding the extension of Pepper Avenue to the future State Route 210. Mr. Woolard stated that staff was requesting that this item be continued to the next regular meeting of the Mayor and Common Council. Council Member Estrada noted that Pepper A venue is an important thoroughfare and probably needs our support. However, the City has categorized the State Street project as being high priority, and she questioned how the City should prioritize these two projects in terms of where we want to put our money. City Administrator Wilson stated that this is the very question that the Mayor is asking and the reason that staff is asking for the continuance. Staff is trying to determine how it would affect our funding opportunities for State Street if we participate in the Pepper Street extension. He advised that staff hopes to have an answer between now and the next meeting. Basically, there is one pot of money 12 11/20/2000 through SANBAG for these types of projects, and until we receive some clarification from SANBAG about this matter, we are not ready to proceed with this item. Council Member McGinnis noted that Pepper A venue is already a dedicated truck route that goes through Colton, San Bernardino, and Rialto. He pointed out that the street has been widened in various sections, and the current project is within approximately one mile of State Street. He stated there will be plenty of questions about both projects. Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 4, 2000. APPROVE PAYMENT - LEGAL WORK RELATED TO PROPOSED CITY CHARTER - $19,774.70 - GRESHAM, SAVAGE, NOLAN & TILDEN (SI) The City Attorney's Office submitted an interoffice memorandum dated November 15, 2000, addressed to James F. Penman, City Attorney, from Barbara Pachon, Director of Finance, regarding Legal Bills Related to Proposed Charter Changes. City Attorney Penman advised that on June 19, 2000, the City Council approved an allocation of $25,000 to be divided between two law firms to do a review and comparative analysis of the proposed City Charter, which became known as Measure M. (The firm of Richards, Watson & Gershon was hired to 1) review the proposed draft charter, 2) look at legal content applicable to state and federal laws, and 3) for a possible rewrite for conformance to I) and 2) above, but with no major substantive changes. The firm of Gresham, Savage, Nolan & Tilden was hired to 1) perform a second review in order to prepare a comparative analysis of the present charter versus the proposed charter, and 2) to perform a legal analysis of language in the voter pamphlet. The amount was not to exceed $25,000 without prior Council approval.) Mr. Penman noted that the bill from Gresham, Savage, Nolan & Tilden came to $27,601 for the work that the Council authorized on June 19; and that thus far, the firm of Richards, Watson & Gershon, had been paid $7,790 for the work they performed. (Note: Mr. Penman pointed out that his office had estimated that a fair bill for the work being performed by Richards, Watson & Gershon would be approximately $2,500.) Mr. Penman provided an overview of various legal actions which were filed subsequent to the approval of the $25,000, including an exparte of writ to have Mr. Gresham's analysis declared false and misleading and to have it set aside. This was a separate action from what the Council had authorized, and the amount ($9,375) was 13 11/20/2000 within the City Administrator's and/or Mayor's contract authority to pay, since it was under $25,000; however, Finance apparently did not understand that and wanted the whole thing to go to the Council. In summation, Mr. Penman stated that the total amount being requested by Gresham, Savage, Nolan & Tilden beyond the $25,000 originally allocated by Council, is $19,774.70, of which $9,375 was for defending their charter analysis in court, which they successfully did--the judge ruled that it was not false and misleading. He stated that the Finance Departtnent mistakenly thought that this was in the same category as the consultant who was assisting with the charter review, and when the fees went beyond $25,000, that Council approval was needed for payment. Finance did not understand that the defense of the charter analysis from the challenge was a separate legal matter. Council Member McGinnis questioned the work done in excess of the $25,000 and also whether anyone had notified the City that we would be paying for the court challenge also. City Attorney Penman stated that the original amount authorized by the Council was $25,000; however, when the challenge was filed, the analysis had to be defended, and the firm called both him and the Mayor prior to going forward. When they called the City Attorney's Office, they were told to go ahead, and he assumed the Mayor told them the same thing, although she did not communicate this to him. However, there was no choice, since that was the analysis that the Council authorized them to do. Mr. Penman pointed out that the Council met on the morning of September 5, and that was the same morning that the original court appearance was scheduled, so there was no time for the Council to act on it prior to that date. He stated that there was actually no need for action by the Council on the $9,000 because it could be approved by either the Mayor or City Administrator. However, it is now before the Council, and it would save a lot of time if the Council would approve this today. Council Member McGinnis stated he would like to see a breakdown of the expenses so that he could see just exactly what the Council approved and what they didn't approve. City Attorney Penman advised that the money has been spent, and the City is legally required to pay it. He pointed out that the money has been owed for months and the Council needs to authorize it, so Finance can pay it. Council Member McCammack inquired whether there was any idea what the bill was, or would be, on the action brought by the City Clerk against the "Argument Against Measure M" and requested a copy of this information. She also asked whether the City Clerk's Office had obtained a bill from the County for conducting the election. 14 11/20/2000 Deputy City Clerk Medina advised that she would obtain a copy of the costs associated with the City Clerk's action relative to the "Argument Against Measure M"; however, it would be after the ftrst of the year before the City would receive a bill from the County. It was noted that the bill from the County would not come back to the Council for approval unless it was over the amount budgeted and approved by the Council for the election costs. Mrs. McCammack stated she agreed with Mr. McGinnis and would like to know the total costs associated with this election so the Council could let the public know exactly what the total cost amounted to. City Attorney Penman stated that he would make copies of the Gresham bills for the Council prior to the next meeting. He requested that Finance make available to his office and the Mayor and Council the bills from the firm that defended the City Clerk and the bills for Richards, Watson and Gershon. He added that it appeared everyone had been paid except Mr. Gresham, and his firm was the one authorized by the Council to do the most work. Discussion ensued regarding the fees charged by both law firms, the fact that this item could have been authorized for payment without coming before the Council, and the fact that anyone can obtain copies of campaign expenditure reports and reports from the Registrar of Voters to ascertain costs and expenses. It was pointed out that it was the Council who authorized and voted to make the expenditures relative to sending the old and new charters out to the voters, as well as the various other items being discussed at this time. Some of the Council Members felt that some deviation from what the Council approved could be expected; however, this seemed like quite a big jump without some prior authorization. Mayor Pro Tem Anderson stated that she would like to bring closure to this, that the numbers are not going to change, the charges have already been made, the bill has been received, and we need to get on with the business of the City. She stated that she would like for the Council to realize that these bills should be paid--that they can look at the numbers all they want, but the total is going to come out the same, so they need to put this behind them, vote, and get through with it. Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council authorize the payment of $19,774.70 from Account No. 001-092-5503 to the law firm of Gresham, Savage, Nolan & Tilden for legal work related to the proposed City Charter. COUNCIL MEMBER ESTRADA EXCUSED At 10: 14 a.m., Council Member Estrada left the Council meeting. 15 I 1/20/2000 PUBLIC HEARING - IMPOSE LIENS - CERTAIN PARCELS OF REAL PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (21) Rachel Clark, City Clerk, submitted a staff report dated November 20, 2000, recommending that liens be imposed on certain parcels of real property throughout the city for uncollected Business Registration fees. Mayor Pro Tem Anderson opened the hearing. No public comments were received. RES. 2000-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (21) Council Member McGinnis made a motion, seconded by Council Member Suarez, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2000-332 was adopted by the following vote: Ayes: Council Members McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members Estrada, Lien. RECESS MEETING At 10:16 a.m., Mayor Pro Tem Anderson recessed the meeting of the Mayor and Common Council and Community Development Commission to 2 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:08 p.m., Mayor Pro Tem Anderson reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Anderson; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Lien. 16 11/20/2000 APPROVE - CHANGE ORDER NO. TWO - HOLLAND-LOWE CONSTRUCTION, INC. - STREET IMPROVEMENTS/TRAFFIC SIGNAL MODIFICATION WATERMAN AVENUE & HOSPITALITY LANE - AMEND FY 2000/2001 BUDGET & TRANSFER FUNDS (Discussed earlier in the meeting - page 10) (12) City Administrator Wilson noted that the question had been asked as to whether Community Development Block Grant (CDBG) money could be used for this project in lieu of the recommended street construction funds. He advised that in order to use CDBG monies, the project must have been bid as a CDBG project; therefore, the only funds available for the project are the one-half cent Sales and Road Tax Fund monies. Council Member McGinnis stated that he had requested this information, and it was now clear to him which Waterman Avenue project that the CDBG money was going to--that it was another project, and he realized that money cannot be moved from one project to the next. Council Member McGinnis made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the 2000/2001 budget and transfer $20,000 from Account No. 129-367-5504-7156 "Street Improvements/Safety Improvements--Citywide" to Account No. 129-367-5504-7070 "Widen Approaches--WatermanlHospitality"; and that Contract Change Order No. Two to the contract with Holland-Lowe Construction, Inc., be approved in the amount of $7,523.39 for street improvements and traffic signal modification at Waterman Avenue and Hospitality Lane. RES. 2000-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS. (Discussed earlier in the meeting - page 11) (17) Council Member McCammack advised that the questions she had were related to taxability of the employees relative to employee contributions to the pension fund. She advised that she had been able to meet with the City Administrator and staff from the City Attorney's Office, Human Resources, and Finance, and she was now satisfied with the language in the resolution. Council Member McCammack made a motion, seconded by Council Member Suarez, that said resolution be adopted. 17 11/20/2000 Resolution No. 2000-333 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. CITY ADMINISTRATOR WILSON EXCUSED At 2:11 p.m., City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Executive Director Van Osdel. 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 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 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 IMPLEMENT A TION OF THE NEIGHBORHOOD INITIATIVE GRANT PROGRAM (NIP). (Continued from November 6, 2000) (R25) Executive Director Van Osdel stated that staff would like to continue this item once again. He advised that the County has had the agreement since September 20; however, staff does not anticipate any problems. Council Member Estrada inquired as to what the Federal Government thinks of the lack of progress on this matter. Executive Director Van Osdel stated that he did not know, although Congressman Lewis, who was instrumental in making this money available for NIP, is probably somewhat concerned that in one of the three cities, nothing is apparently happening. No money has been released; however, there has been no communication from Congressman Lewis' office indicating concern on their part. He added that we have now been under agreement for more than a year, that basically we have received the money that we requested for administration, but have yet to draw down anything else of significance. Council Member Estrada expressed concern that the funds could be jeopardized by the prolonging of the activity. She stated that she understood that the Mayor had met with Mr. Eaves to discuss this, and that staff had met with Mr. Eaves and the Mayor, and the matter was still unresolved. 18 1 I/20/2ooo Executive Director Van Osdel confumed that these meetings had taken place and staff was under the impression that things would fmally be on track and we would be able to draw down the funds and perform the variety of activities that we are supposed to, but that has not been the case. Discussion ensued regarding what else could be done, such as going before the Board of Supervisors. Mr. Van Osdel stated that since we have been advised that the response from County Counsel will be forthcoming, if it is not received within the next week, staff should probably come before this body with a recommendation of some concerted action on the part of the Commission as a whole. He advised that if staff did not have something by the next meeting on December 4, in its place staff would propose a recommendation as to possible action on this. Mayor Pro Tem Anderson advised Mr. Van Osdel that she and the Council would like staff to do everything in their power to release this logjam so that we can get on with the program, as it would be beneficial to the City of San Bernardino to be the lead agency in dispensing and being administrative overseer of this program. Maggie Pacheco, Director of Housing and Community Development, stated she had not yet informed Mr. Van Osdel, but just this morning she did receive a release from the County with respect to some of the loans and beautification grant money of approximately $600-700,000. She advised that this was the first time the Agency has received a major release of funds from the County with regard to NIP funds. Ms. Pacheco advised that relative to the agreement, she agreed with Mr. Van Osdel that the County has been given all the language that is acceptable to Agency staff and Agency counsel, so she was optimistic that there would be some form of resolution by December 4. She stated that she had spoken to the Mayor prior to her departure about some of the difficulties that the Agency was continuing to have and suggested to the Mayor that it is time to reconvene a meeting with Supervisor Jerry Eaves, which could be done when the Mayor comes back from vacation. Council Member Estrada stated that she just wanted to make sure that there is a track to get back on--that without knowing what Congressman Lewis' position is in all this, it's hard to gauge whether the support is still there. Council Member Estrada stated that she felt it would be very beneficial if Mr. Van Osdel called Congressman Lewis' office so they at least know that we are working on this, that we obviously need the program, and that there is going to be another meeting between the Mayor and the Supervisor and staff. Mr. Van Osdel stated he would have no problem in doing that. 19 11/20/2000 Ms. Pacheco advised that the most significant element of the amendment is to authorize or require the Agency to buy all HUD housing units in the target area. She stated that there is nothing in the current contract that precludes the County from releasing monies to the City. The primary issue has been a delay by the County in providing the City with the notices to proceed. She added that at the September 20 meeting, Supervisor Eaves had instructed County staff to release those funds, and the funding release that occurred today is part of those funds. Council Member Estrada stated that she really thought that Congressman Lewis needs to know that we are trying to move this along as fast as possible, and Mayor Pro Tem Anderson stated that she and the Council would give staff the directive to contact Mr. Lewis' office. City Attorney Penman pointed out that his office has not signed off on the documents; that they expressly refused to sign off on one due to an ongoing criminal investigation. He added that on one of the criminal investigations, if staff made some changes as to who is eligible for the money, it could take care of that particular problem. On the other case, he advised the Commission members to look closely at their financial contributors to see if any of them are going to benefit from this project. Council Member Suarez made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 4, 2000. CITY ATTORNEY PENMAN EXCUSED At 2:21 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PUBLIC HEARING - REPROGRAM 1996-1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - AMEND 1995- 2000 FIVE-YEAR CONSOLIDATED PLAN (R26) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated November 13, 2000, regarding the reprogramming of 1996-1999 Community Development Block Grant (CDBG) funds. Mayor Pro Tem Anderson opened the hearing. Ms. Pacheco stated that this was the Agency's usual process of going back and looking at projects that have been previously funded to determine completion and whether they have been over- or under-funded. She indicated that itemized in the staff report are those projects identified as being completed, or having unexpended funds as of June 30, 2000. Staff is proposing to close those projects and allocate the funds to the projects listed under Section II in the staff report. 20 11/20/2000 Council Member McCammack stated that one of the projects shown as completed (Project # 98-233 - Highland Avenue Streetscapes) has not been completed. Ms. Pacheco noted that it was her understanding that the project had been completed insofar as the description of what would be accomplished with CDBG funds was concerned. She stated that if the City wants to revisit that project relative to CDBG funding, they can do so. Ms. Pacheco also advised that she did need to add something to the suggested motion relative to authorization of a one-year extension to the SAC Clinic contract. RES. 2000-334 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING (1) THE REPROGRAMMING OF 1996-1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $156,112; (2) THE REALLOCATION OF SAID CDBG FUNDS TO SAC HEALTH CLINIC AND CDBG CONTINGENCY FUND, AND (3) AMENDMENTS TO THE CITY'S 1995-2000 FIVE-YEAR CONSOLIDATED PLAN. (R26) Council Member Suarez made a motion, seconded by Council Member McGinnis, that the hearing be closed; that said resolution be adopted; and that the Mayor and Council authorize a one-year extension to the SAC Clinic contract. The motion carried and Resolution No. 2000-334 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson. Nays: None. Abstain: Council Member McCammack. Absent: Council Member Lien. JOINT PUBLIC HEARING - CENTURY CROWELL - ARROW VISTA HOUSING DEVELOPMENT (R27) (Note: No backup material was submitted with this item and, therefore, will not be available for review.) Mayor Pro Tem Anderson opened the hearing. No public comments were received at this time. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to the Mayor and Council/Community Development Commission meeting of December 4, 2000. 21 I I/20/2ooo EXTEND CONTRACT - NEIGHBORHOOD INITIATIVE PROGRAM COORDINATOR (R28) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated November 13, 2000, regarding the extension of the Neighborhood Initiative Program Coordinator contract. Ms. Pacheco advised that Diana Sanchez, Neighborhood Initiative Program Coordinator, had been working under her direction for the past year and provided an overview of the various responsibilities and duties performed by Ms. Sanchez. RES. CDC/2000-41 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE THE ONE (1) YEAR CONTRACT EXTENSION IN THE AMOUNT OF $61,500 (THE "AMENDMENT"), TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND DIANA L. SANCHEZ, CONTINGENT UPON COUNTY OF SAN BERNARDINO APPROVAL OF NEIGHBORHOOD INITIATIVE PROGRAM (NIP) FUNDS. - NIP PROGRAM. (R28) Council Member Estrada made a motion. seconded by Council Member McCammack, that said resolution be adopted. Resolution No. CDC/2ooo-4I was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. AUTHORIZE ADDITIONAL FUNDS - NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE (NHS), INC. - MOBILE HOME GRANT PROGRAM (R29) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated November 13, 2000, regarding allocation of additional funds to the Neighborhood Housing Services of the Inland Empire (NHS), Inc., contract for the Mobile Home Grant Program. Gary Van Osdel, Executive Director of the Economic Development Agency, stated that there are 42 mobile home parks in San Bernardino which fall under the state- mandated inspection program which is carried out by the Agency. He advised that the coaches are inspected, and the residents can then access these funds to take care of any problems which are found, up to $3,900 per coach. 22 1 I/20/2ooo Mr. Van Osdel advised that he felt the Agency would continue to administer this program until the requirement for the City to inspect the coaches ceases--something he did not see happening in the near future. Council Member McGinnis stated that he receives a number of calls regularly with good comments regarding the program, which is geared toward helping the elderly. RES. 2000-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO.2 TO THE HOME AGREEMENT DATED MAY 17, 1999, BY AND BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., (NHSIE) INCREASING THE COMPENSATION (SECTION II) BY $350.000, AND EXTENDING THE TIME FOR PERFORMANCE FOR THE MOBILE HOME GRANT PROGRAM. (R29) Council Member McCammack made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2000-335 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member Lien. PUBLIC COMMENTS (30) Tracy Lyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, president of the Blair Park Association, requested that the Council consider designating Blair Park as a skate board park. Sam Lock, 3238 Roberds Avenue, San Bernardino, CA, youth leader of a group of kids from the Blair Park area, stated that he was advocating the creation of a skate board park at Blair Park and submitted a petition containing 39 signatures in support of his request. Council Member McGinnis noted that the biggest issue with such an endeavor is insurance liability; however, new avenues for doing things are always being explored. Susan Hartmann Rogers, 1589 N. Waterman Avenue, San Bernardino, CA, stated that she was an advocate for the homeless in the downtown area. She noted that most of the homeless are in shelters; however, she is concerned with the cold winter months that are approaching. She stated she would like to see people who own property downtown use their property for the homeless. 23 11/2012000 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA. (Note: Prior to Mr. Lindberg speaking, Mayor Pro Tem Anderson and Council Member McCammack requested that he not speak against any particular person and also watch his language while speaking at the podium. City Attorney Penman advised that under case law the Mayor and Council could not prohibit the public from making personal attacks--that if they wish to criticize, they have the right to do so.) Mr. Lindberg distributed a handout to the Mayor and Common Council regarding what it is like to deal with a parent going through the death of a spouse, the San Bernardino Police Departtnent and their involvement with drugs, and the targeting of the families of activists by the establishment. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 2:55 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to the Government Code Sections listed as A-G under Agenda Item No.1, pages I & 2, including the additional case announced by City Attorney Penman on page I. CLOSED SESSION At 2:55 p.m., Mayor Pro Tem Anderson called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Anderson; Council Members Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Lien. Also present: Senior Assistant City Attorney Carlyle; Economic Development Agency Executive Director Van Osdel and Director of Business Recruittnent, Retention and Revitalization Ann Harris. CITY ATTORNEY PENMAN EXCUSED At 2:59 p.m., City Attorney Penman left the closed session. 24 11/20/2000 ADJOURN CLOSED SESSION/MEETING (31) At 3:06 p.m., the closed session adjourned; and the joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to 10:00 a.m., Friday, December 1, 2000, at the Hilton Hotel, 285 East Hospitality Lane, San Bernardino, California, for a goal-setting workshop. RACHEL G. CLARK, CMC City Clerk By t...~~. IJ4'..R Linda E. Hartzel Deputy City Clerk No. of Items: 32 No. of Hours: 3.25 25 11/20/2000