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HomeMy WebLinkAbout02-15-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 15, 1999 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 8:02 a.m., Monday, February 15, 1999, 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. City Attorney Penman announced that the following additional case would be discussed in closed session: Stubblefield Construction Comoanv. et a!. vs. Citv of San Bernardino. et a!. - Fourth District Court of Appeals Case No. E020341. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 16) (1) At 8:03 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): Kenneth J. Henderson. et a!. vs. Economic Develooment Agencv of the Citv of San Bernardino. et a!. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489). - 1 - 2/15/1999 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 Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8. lA. Brown Act discussion by City Attorney in closed session room - open meeting. CLOSED SESSION At 8:03 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Empeno, Administrative Operations Supervisor Anderson, City Attorney's Office; Councilman-elect McGinnis; Special Counsel James Odium of Mundell, OdIum & Haws, 275 West Hospitality Lane, San Bernardino, California. 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/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. - 2 - 2/15/1999 ADJOURN CLOSED SESSION At 8:55 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:08 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. INVOCATION The invocation was given by Pastor Leonard McGinnis of the Circle of the Star Church of Theola, brother of Councilman-elect Gordon McGinnis. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Cathy Taylor, former sixth grade teacher of Councilman-elect McGinnis. RES. 1999-22 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE THIRD WARD ON THE 2'0 DAY OF FEBRUARY, 1999, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (2) Council Member Miller made a motion, seconded by Council Member Anderson, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 1999-22 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Vacant: Third Ward. - 3 - 2/15/1999 INAUGURAL CEREMONY (2) Following opening remarks by Mayor Valles, City Clerk Clark administered the Oath of Office to newly-elected Council Member McGinnis and presented him with a Certificate of Election. Council Member McGinnis thanked his family and supporters and took his place at the Council table. RECESS MEETING At 9:20 a.m., Mayor Valles recessed the meeting for a reception in the lobby of City Hall in honor of newly-elected Council Member McGinnis. RECONVENE MEETING At 9:39 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. APPOINTMENT - JUDITH W. BATTEY - BOARD OF WATER COMMISSIONERS - MAYOR V ALLES (2A) Mayor Valles submitted a staff report dated February 9, 1999, requesting the appointment of Judith W. Battey to the Board of Water Commissioners. Council Member McGinnis made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Judith W. Battey to the Board of Water Commissioners, as requested by Mayor Valles, be approved. POSTHUMOUS COMMENDATION - CARL MAGEE (3) Mayor Valles read a resolution posthumously commending Carl Magee for his devotion to his community and family, and his exceptional service to the City of San Bernardino and the Little League family he so faithfully served. The resolution was accepted by Mary Magee. widow of Carl Magee; and John Lally, Assistant Regional Director of Western Regional Little League, spoke regarding the positive influence of Mr. Magee in Little League and the City. - 4 - 2/15/1999 PROCLAMATION - PERRlS HILL PARK SENIOR CENTER DAY - FEBRUARY 16, 1999 (3) Teri Rubi, Executive Assistant to the Mayor. read a proclamation proclaiming February 16, 1999, as Perris Hill Park Senior Center Day in the City of San Bernardino, in honor of the Center's tenth anniversary. Lillian Hall, a volunteer at the Perris Hill Senior Center, and Oscar Perrier, Senior Recreation Supervisor, accepted the proclamation. PRESENTATION - TO MAYOR VALLES - MAE CARVELLE AWARD - VENTURE CLUB OF SAN BERNARDINO (3) Stephanie Allen and Shelly Wright, representing the Venture Club, a junior organization of the Soroptimists, presented Mayor Valles with the Mae Carvelle Award-an award presented annually to an individual who is a symbol in advancing the status of women. PRESENTATION - TO SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - TROPHY - SPECIAL WISH FOUNDATION (3) Linda Jenkins of the Mayor's Office introduced the winners of the City's "Special Wish Foundation" campaign; and Mayor Valles presented the Mayor's Trophy to Stacey Aldstadt, Deputy General Manager in the Water Department, and her team leaders for having raised the most money during the City's fundraising campaign. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor. read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: David Anderson Deborah Shuker Jesus Negrete Deoartment Fire Parks, Recreation & Community Services Police Police Public Services Years of Service 15-year pin lO-year pin Names Anthony Zamora Penny Nelson 25-year pin 15-year pin 30-year pin Each employee received a service pin presented by Mayor Valles. - 5 - 2/15/1999 ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that City crews were working very hard to resolve the problems in the Verdemont area caused by high winds blowing materials from a construction project into the houses and yards of residents living in the 3000 block of Ohio Street. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson extended kudos to the Black Culture Foundation for the programs and activities they have presented during the month of February and to Mr. Seymour for his leadership in the Adopt-A-Bike, Adopt-A-Computer, and Adopt- A-Golf Club programs. She also announced that ten bicycles would be given away at a bicycle safety program to be held at the Boys and Girls Club on Saturday, February 20, sponsored by County Supervisor Jerry Eaves. Mrs. Anderson announced that Norm Johnson would be donating cement and $2,000 worth of labor for a pilot program in the Sixth Ward for installation of cement driveways and sidewalks for those who qualify. She advised residents to contact Don Vallier of the Code Compliance Division for more information regarding this program. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz extended a warm welcome to Council Member McGinnis. He stated that he is working on his list of capital improvement projects for the Fourth Ward for next year and asked for input from his constituents on specific problems they may be aware of. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced a meeting of the San Bernardino Regional Water Resources Authority, which is serving to oversee the project for use of water in the area, to be held February 22 at 11:00 a.m. in the Council Chambers. She noted that the Mt. Vernon Redevelopment Project Area Committee continues to meet, and she hopes to have said committee fully briefed by the end of the month. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien commented that the Second Ward had a very successful clean-up day on Saturday, filling a record of nine dumpsters. She expressed her respect for the state law that prohibits smoking and commented on the Police Department's enforcement of the "no smoking" law in local businesses. - 6 - 2/15/1999 ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis thanked the Mayor and Council for making him feel welcome; thanked his supporters; and announced the Third Ward clean-up day to be held at 8:00 a.m., Saturday, February 27, at Rialto High School. PROCLAMATION - CHILD PASSENGER SAFETY WEEK - FEBRUARY 14-20, 1999 (3) Mayor Valles stated that a proclamation was being prepared declaring February 14-20, 1999, as Child Passenger Safety Week, and would be presented to Amelia Lopez from the Public Health Department and Officer Vicki Howard of the California Highway Patrol. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles congratulated the San Bernardino Valley Community Concert Association on their 60th Anniversary, and made the following announcements: The San Bernardino Police Department's Leadership Training and Community Policing Programs won the 1998 Governor's Award for Excellence in Peace Officer Training; Free used oil collection containers are available through the Public Services Department for residents who change their own oil; and She will soon be convening a charter review task force, and anyone interested in working with her on this project should call her office at 384-5133 by March 15. Mayor Valles also distributed information to the Council regarding an executive order issued in 1995 and a document summarizing the proposed Council norms for governance prepared by City Administrator Wilson. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman provided a brief overview of the provIsIOns of the Charter; particularly as it relates to the duties of the Mayor and Council. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, president of the Mt. Vernon Avenue Pride Association, 637 N. Mt. Vernon Avenue, San Bernardino, CA, submitted and read into the record a letter dated February 15, 1999, requesting that the bridge project on Mt. Vernon Avenue over the Santa Fe Railroad Yards be placed on the Council agenda within 60 days for - 7 - 2/15/1999 public input; particularly regarding alternative passage while the bridge is under construction. PUBLIC COMMENTS - P AMELALEE BAILEY SHIMIZU (5) Pamelalee Bailey Shimizu stated that a meeting would be held the following day at noon at the California State University, San Bernardino clock tower to discuss four racism charges that had been filed against the university, and made disparaging remarks regarding San Bernardino schools. PUBLIC COMMENTS - SUSAN HARTMAN (5) Susan Hartman spoke regarding her work with the homeless and announced that she was organizing various activities for the last weekend of March to call attention to the plight of the homeless. PUBLIC COMMENTS - DANNY TILLMAN (5) Danny Tillman, Vice President of the Board of Education, responded to the comments made by Ms. Shimizu, stating that the schools are doing the best job they can; however, more resources are required to equip children with the tools they need and all this requires money. PUBLIC COMMENTS - JOHN JONES (5) John Jones commented on the City's Charter and the Oath of Office that was issued to newly-elected Council Member McGinnis. PUBLIC COMMENTS - JEAN HALLOCK (5) Jean Hallock, a resident on Rosewood Drive in San Bernardino, congratulated Council Member McGinnis on his victory. PUBLIC COMMENTS - GLORIA ROGERS (5) Gloria Rogers, 1482 E. Davidson Street, San Bernardino, CA, congratulated Council Member McGinnis on his victory and stated that the residents in her area of town are tired of paying City taxes and being treated as though they are County residents. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1482 E. Davidson Street, San Bernardino, CA, congratulated Council Member McGinnis on winning the Third Ward election. - 8 - 2/15/1999 PUBLIC COMMENTS - GORDON MC GINNIS (5) Speaking from the podium, Council Member McGinnis spoke regarding the low voter turnout in the Third Ward election. PUBLIC COMMENTS - TIMOTHY PRINCE (5) Timothy Prince, a resident of San Bernardino. complimented Police Chief Dean for enforcing the City's no smoking ordinance and commended the Mayor for starting the charter review process. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY LOCATED WITHIN THE CITY - UNCOLLECTED BUSINESS REGISTRATION FEES (13) City Clerk Rachel Clark submitted a staff report dated February 15, 1999, regarding imposing liens on property located within the City of San Bernardino for uncollected business registration fees. Mayor Valles opened the hearing. No public comments were received. RES. 1999-23 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WTIHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (13) Council Member Lien made a motion, seconded by Council Member McGinnis, 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; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 1999-23 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. - 9 - 2/15/1999 PUBLIC HEARING - AUTHORIZE STREET NAME CHANGE - FROM AUTO PLAZA DRIVE TO AUTO CENTER DRIVE (14) Michael E. Hays, Director of Development Services, submitted a staff report dated January 22, 1999, regarding the street name change of Auto Plaza Drive to Auto Center Drive. Mayor Valles opened the hearing. No public comments were received. RES. 1999-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF AUTO PLAZA DRIVE TO AUTO CENTER DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE IMMEDIATELY. (14) Council Member Anderson made a motion, seconded by Council Member Schnetz, that the hearing be closed; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 1999-24 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated February 8, 1999, 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. 1999-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 1999-7 AND AWARDING A CONTRACT TO L. BARRIOS AND ASSOCIATES, INC., FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 953, CALIFORNIA AND 16TH STREETS. (12) Council Member Miller made a motion, seconded by Council Member Anderson, that full reading of the resolution be waived; and that said resolution be adopted. - 10 - 2/15/1999 The motion carried and Resolution No. 1999-25 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission and San Bernardino Joint Powers Financing Authority be waived. CLAIMS & PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 29, 1999, from Barbara Pachon, Director of Finance, be approved. RES. 1999-26 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (9) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-26 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Anderson, Miller. Nays: None. Absent: None. SET BUDGET SESSION - 9:00 A.M. - THURSDAY, FEBRUARY 18, 1999 - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM - FISCAL YEAR 1998/99 (10) City Administrator Wilson submitted a staff report dated January 28, 1999, recommending that the Mayor and Council set a budget study session with both City and Economic Development Agency staff present to consider the mid-year status of both agencies' budgets. - 11 - 2/15/1999 Council Member Lien noted that some of the budget workshops would need to be scheduled for weekends or evenings in order to accommodate all of the Council Members' schedules. Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that a budget session to discuss fiscal year 1998/99 be set for 9:00 a.m., Thursday, February 18, 1999, in the Economic Development Agency Board Room. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SEAN MALEK ENGINEERING & CONSTRUCTION, INC., FOR THE WIDENING OF RlALTO BRIDGE AT TWIN CREEK PER PLAN NO. 9726. (11) Keith Sager, a resident of San Bernardino, stated that said contractor has had problems in the past with both his work performance and being in violation of the subcontractor's clause of his contract. He stated that the Council might want to take a closer look at this contractor's record before awarding the contract. Council Member Devlin stated that he shared some of Mr. Sager's concerns, and hoped that the Development Services Department would keep a very close watch to ensure that the Davis-Bacon Act is very rigidly enforced. Development Director Hays explained that he also had been concerned when this matter first arose; however, Mr. Malek had corrected his previous problems with the City of San Bernardino. He stated that he had no knowledge of problems that may have occurred outside the City, and the Contractors' Licensing Board had nothing negative on file regarding Mr. Malek or his company. City Attorney Penman stated that his office had not been asked to check on this contractor, but they would certainly do so if the Council so desired. Council Member Miller made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of March 1, 1999, in order to allow time for the Development Services Department to check with other cities regarding Mr. Malek's performance. Council Member Anderson removed her second, and the motion failed for lack of a second. Responding to Council, Mr. Hays acknowledged that he, personally, had not checked with any other cities regarding work performed by Mr. Malek. - 12 - 2/15/1999 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 1, 1999, in order to allow time for the Development Services Department to check with other cities regarding Mr. Malek's performance. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2086 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A LEFT TURN IS PROHIBITED. . ." AND PROVIDING THAT LEFT TURNS ARE PROHIBITED AT THE INTERSECTION OF TIPPECANOE A VENUE AND ROSEWOOD DRIVE. (15) City Attorney Penman submitted a letter received by the City and dated February 12, 1999, from the attorneys representing In-N-Out Burger Corporation (In- N-Out) wherein they requested a 30-day continuance and noted that his office had some legal concerns regarding this matter. He informed the Council that the matter would have to be referred to the Development/Environmental Review Committee (DERC) for their review of the previous initial study and negative declaration, and their report must include re- adoption of the negative declarations. Mr. Penman added that part of the acceptance by the City to a continuance must be that In-N-Out would not object to the temporary barricades prohibiting left-hand turns remaining in place during this time frame. Fred Encinas, Director of Real Estate, In-N-Out Burger Corporation, began to present background information on this matter. City Attorney Penman interrupted, stating that public testimony should not be taken at this time, and if any other public comments were going to be taken the Council should adjourn to closed session under significant exposure to litigation. He also requested that Mr. Encinas publicly state that In-N-Out had no objection to the barricades (which prohibit left turns) remaining in place until the matter was brought back to the Council. Mr. Encinas stated that he had no objections, from an In-N-Out Burger standpoint, of the temporary barricades being in place until the meeting on April 5, 1999. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be referred to the Development/ Environmental Review Committee (DERC) and continued to the Mayor and Council meeting of April 5, 1999. - 13 - 2/15/1999 RES. 1999-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ANY TIME ZONE ON BOTH SIDES OF WATERMAN AVENUE BETWEEN ALEXANDER AVENUE AND THE ROUTE THIRTY EAST BOUND RAMPS. (16) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-27 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Anderson, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING THIRTY-FIVE MILE PER HOUR SPEED LIMITS ON HILL DRIVE BETWEEN MAGNOLIA AVENUE AND "E" STREET, ORANGE STREET BETWEEN HIGHLAND AVENUE AND PIEDMONT DRIVE AND FOOTHILL DRIVE BETWEEN DEL ROSA AVENUE AND STERLING AVENUE. First (17) Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that said ordinance be laid over for final adoption WAIVE FEES $2,000 PROPOSED GENERAL PLAN AMENDMENT - 640 & 648 WEST 16TH STREET - COMMUNITY HOUSING COALITION (18) Michael E. Hays, Director of Development Services, submitted a staff report dated February 4, 1999, regarding a request from the Community Housing Coalition to waive the required fees for a proposed general plan amendment, including a recommendation from staff that the request be denied. - 14 - 2/15/1999 Henry Hohenstein, a resident of Desert Hot Springs and Executive Director of the Community Housing Coalition, stated that his organization was interested in public and affordable housing issues, and as a nonprofit organization they were requesting a waiver of fees. Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the request for a waiver of fees in the amount of $2,000 for a proposed general plan amendment be denied. RES. 1999-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY. (19) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-28 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-29 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ," TO ESTABLISH A NO PARKING ANY TIME ZONE ON FOURTH STREET BETWEEN FOOTHILL BOULEVARD AND TIA JUANA STREET, APPLICABLE TO THE SOUTH SIDE ONLY. (20) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-29 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Anderson, Miller. Nays: None. Absent: None. - 15 - 2/15/1999 APPROVE CONTRACT CHANGE ORDER NO. 12 ADDITIONAL PAVEMENT REMOVAL & REPLACEMENT - TRANSFER FUNDS - NOT TO EXCEED $45,000 - "E" STREET & KENDALL DRIVE WIDENING/PAVING AVILA CONSTRUCTION (21) Michael E. Hays, Director of Development Services, submitted a staff report dated February 10, 1999, regarding Change Order No. 12 to the contract with Avila Construction for the widening and paving of "E" Street and Kendall Drive. Mr. Hays explained the additional work that needed to be accomplished for completion of the project. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Council approve the transfer of funds in an amount not to exceed $45,000 from Account No. 126-369-5504-7007 (Pepper/Linden - Kendall to Northpark) to Account No. 126-369-5504-7050 ("E" Street/Kendall - 36th to "H" Streets); and that Contract Change Order No. 12, for additional pavement removal and replacement, with Avila Construction for widening of Kendall Drive and "E" Street from 36'h to "H" Streets, in accordance with Plan No. 9728, be approved in an amount not to exceed $45,000 for a total contract price of $381,317.80. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - page 1) (1) At 11 :40 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): Kenneth J. Henderson. et a!. vs. Economic Develooment Agencv of the City of San Bernardino. et a!. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489); Stubblefield Construction Companv. et a!. vs. Citv of San Bernardino. et a!. - Fourth District Court of Appeals Case No. E020341. - 16 - 2/15/1999 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 real property negotiator pursuant to Government Code Section 54956.8. lA. Brown Act discussion by City Attorney in closed session room - open meeting. CLOSED SESSION At 11 :40 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office. ADJOURN CLOSED SESSION/RECESS MEETING At 12:06 p.m., the closed session adjourned. and the meeting was recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:07 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. - 17 - 2/15/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:07 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. SALE OF PROPERTY - 701 NORTH "E" STREET - AUTHORIZE AMENDMENT TO BOND DOCUMENTS $6,300,000 CERTIFICATES OF PARTICIPATION - 1995 POLICE STATION PROJECT - "COPS" (R22) Gary Van Osdel, Executive Director of the Economic Development Agency, submitted a staff report dated February 5, 1999, concerning the sale of property located at 701 North "E" Street and authorization to amend bond documents for the $6,300,000 Certificates of Participation (1995 Police Station Project). Mr. Van Osdel explained that when the police station was refinanced this piece of property was inadvertently included in the legal description of the police station's site. The Council's adoption of the recommended resolutions would remove the property from the legal description and allow for its sale. RES. J-45 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING AMENDMENT TO BOND DOCUMENTS FOR THE $6,300,000 CERTIFICATES OF PARTICIPATION (1995 POLICE STATION PROJECT). (R22) - 18 - 2/15/1999 RES. CDC/1999-3 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT TO BOND DOCUMENTS FOR THE $6,300,000 CERTIFICATES OF PARTICIPATION (1995 POLICE STATION PROJECT). (R22) RES. 1999-30 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT TO BOND DOCUMENTS FOR THE $6,300,000 CERTIFICATES OF PARTICIPATION (1995 POLICE STATION PROJECT). (R22) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. J-45, CDC/1999-3, and 1999-30 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - SALE OF PROPERTY - 701 NORTH "E" STREET (Continued from January 25, 1999) (R23) Ann Harris, Director of Business Recruitment, Retention and Revitalization, submitted a staff report dated February 5, 1999, regarding the sale of property located at 701 North "E" Street. Mayor Valles opened the hearing. No public comments were received. RES. CDC/1999-4 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING SALE OF CERTAIN PROPERTY LOCATED AT 701 NORTH "E" STREET. (R23) RES. 1999-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING SALE OF CERTAIN PROPERTY LOCATED AT 701 NORTH "E" STREET. (R23) Council Member Miller made a motion, seconded by Council Member Estrada, that the hearing be closed; and that said resolutions be adopted. - 19 - 2/15/1999 The motion carried and Resolution Nos. CDC/1999-4 and 1999-31 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) - REQUEST TO ISSUE MULTI-FAMILY MORTGAGE REVENUE BONDS - WATERMAN APARTMENTS - 2634 COPPER LANE (R24) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated February 3, 1999, regarding a request to issue multi-family mortgage revenue bonds for the Waterman Apartments located at 2634 Copper Lane. Mayor Valles opened the hearing. Executive Director Van Osdel explained that in 1988 the City had entered into an agreement with the California Statewide Communities Development Authority (CSCDA) to issue multi-family revenue bonds in order to facilitate the development or rehabilitation of multi-family rental housing projects. He stated that the subject project consisted of 28 units and that no debt or liability would be incurred by the City or the Agency. Mark Goodman, the developer, stated that the renovations would primarily be interior such as repairs, recarpeting, electrical and safety problems. RES. 1999-32 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE WATERMAN APARTMENTS LOCATED AT 2634 COPPER LANE, SAN BERNARDINO, CALIFORNIA. (R24) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-32 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - CONSOLIDATED PLAN RELATED ITEMS - AMENDMENTS TO FIRST THROUGH FOURTH YEAR ACTION PLANS - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME FUNDS (R25) - 20- 2/15/1999 Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated February 9, 1999, regarding amendments to the First through Fourth Year Action Plans of the Consolidated Plan relative to the Community Development Block Grant and HOME Programs. Mayor Valles opened the hearing. Executive Director Van Osdel stated that the Agency has been back-logged in getting CDBG program funds disbursed; and that partly as a result of poor monitoring, projects were completed and not signed off, with the money remaining in the various accounts. He stated that part of the proposed reallocation would take advantage of those monies by allocating them to projects that have been under funded and projects that are most needed in the community. He noted that the sum total of the CDBG reallocation is approximately $1,516,000; and a reallocation of approximately $164,000 in HOME funds. No public comments were received. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council approve the amendments to the City's Consolidated Annual Action Plan (first through fourth year), authorize the reprogramming of funds for Community Development Block Grant (CDBG) and HOME funded projects, and authorize the preparation and execution of standard CDBG and HOME contracts as specifically outlined in the staff report dated February 9, 1999, from Maggie Pacheco, Director of Housing and Community Development. RES. 1999-33 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GE CAPITAL MORTGAGE SERVICES, INC., AWARDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (R26) Executive Director Van Osdel stated that this allocation was part of the job linkage program. He explained that GE Capital was thinking of leaving the City of San Bernardino, but was convinced to stay by the Mayor and Council. Instead of leaving they brought their other employees from Texas to San Bernardino, saving 300 jobs and bringing in another 325 new jobs. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. - 21 - 2/15/1999 Resolution No. 1999-33 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. CDC/1999-5 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY TO EXECUTE A LOAN AGREEMENT WITH STEVEN T. AND KUAN-YIH WUO TO PURCHASE PROPERTY AT 101 NORTH "E" STREET. (R27) Executive Director Van Osdel stated that this matter had been before the Redevelopment Committee and represented a chance to reopen the "E" Street car wash. He added that the buyer was putting down $450,000 to purchase the car wash, but was asking for a short -term bridge loan. Mr. Van Osdel stated that the Redevelopment Committee had recommended that the Agency try to sign the loan as soon as possible. and had directed staff to contact local lending institutions to see if there would be someone interested in taking the loan over from the Agency. He stated that those contacts had been made, and that there were several lenders who would be more than happy to take the loan. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. (Note: There was no vote taken.) Special Council Sabo answered questions regarding the current loan on the property and possible liens against the property. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/1999-5 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. None. Absent: None. Ayes: Nays: RES. CDC/1999-6 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND OSBORNE DEVELOPMENT CORPORATION. (R28) - 22- 2/15/1999 Executive Director Van Osdel stated that under this agreement Osborne would loan the Agency $75,000 and gift the Agency another $75,000 to fund Mortgage Assistance Program (MAP) loans. He added that it is anticipated that 25 of the 98 single-family units could receive assistance. Council Member Anderson made a motion. seconded by Council Member Miller, that said resolution be adopted. Resolution No. CDC/1999-6 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. None. Absent: None. Ayes: Nays: RES. CDC/1999-7 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AGREEMENT FOR THE EXCLUSIVE RIGHT TO NEGOTIATE FOR PROPERTY ACQUISITION AND DEVELOPMENT ASSISTANCE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CENTURY CROWELL COMMUNITIES, LP. (R29) Gary Van Osdel, Agency Executive Director. explained that the Agency owns 14.68 acres of residential land remaining from the Arrow Vista development of Dukes and Dukes, and that staff had been directed by the Community Development Commission to develop a Request for Proposal and solicit proposals from developers interested in taking these 62 lots off the Agency's hands and developing them. He stated that staff and the Northwest Redevelopment Project Area Committee had evaluated the three proposals received, and they were recommending that the Community Development Commission go with Century Crowell. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/1999-7 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. None. Absent: None. Ayes: Nays: - 23 - 2/15/1999 RES. 1999-34 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION.(R30) RES. CDC/1999-8 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION.(R30) Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 1999-34 and CDC/1999-8 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member McGinnis. Absent: None. ADJOURNMENT (31) At 2:44 p.m. the joint regular meeting of the Mayor and Common Council and Community Development Commission adjourned to 9:00 a.m., Thursday, February 18, 1999, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By i:~f.~ Linda E. Hartzel Deputy City Clerk No. of Items: 31 No. of Hours: 5 - 24- 2/15/1999