Loading...
HomeMy WebLinkAbout04-06-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 6, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:09 a.m., Monday, April 6, 1998, 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 Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION meeting - page 7) At 8:09 a.m., the Mayor and Development Commission recessed following: (Discussed later in the (1) Common Council and Community to closed session for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Amrut N. Patel, et al. vs. James F. Penman, et al. United States District Court Case No. CV 91-01420 RSWL (Kx) ; Lawrence Crain bv and throuqh Sharon McGill vs. Citv of San Bernardino - United States District Court Case No. CV 97-5227 SVW (Cwx); Barnev Salcedo vs. Citv of San Bernardino - United States District Court Case No. CV 97-4626 WDK (Rcx); State of California ex reI. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Williams vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 33078. 4/6/1998 1 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) 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. CLOSED SESSION At 8:09 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Also present: Deputy City Attorneys Murad Administrative Operations Supervisor Anderson, Office; and Risk Management Director Raya and Specialist Andres. and Coleman, and City Attorney's Liability Claims 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 the regular agenda 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 while the Mayor and Council and Community Development Commission were in closed session. RISK MANAGEMENT DIRECTOR RAYA & LIABILITY CLAIMS SPECIALIST ANDRES EXCUSED At 8:17 a.m., Risk Management Director Raya and Liability Claims Specialist Andres left the closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:19 a.m., Deputy City Attorney Coleman left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:24 a.m., Deputy City Attorney Empeno arrived at the closed session. 4/6/1998 2 DEPUTY CITY ATTORNEY MURAD EXCUSED At 8:28 a.m., Deputy City Attorney Murad left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:29 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8: 31 a. m., Deputy City Attorney Empeno left the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:51 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 02 a. m., Mayor Valles reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardir.o. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: None. INVOCATION The invocation was given by Father Patricio Guillen of Libreria Del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. APPOINTMENTS COMMISSIONS MILLER VARIOUS BOARDS, BUREAUS, COMMITTEES & MAYOR VALLES COUNCIL MEMBERS LIEN & (2,Sl,S2) Mayor Judith Valles submitted Staff Reports dated March 27, 1998, and April 1 & 2, 1998, recommending the following appointments to various boards, bureaus, committees, and commissions as requested by herself and Council Members Lien and Miller: 4/6/1998 3 MAYOR VALLES Animal Advisorv James L. Lorenz Joyce Martin Nancy Sidhu Commission (reappointment) (reappointment - alternate) (appointment) Board of Buildinq Commissioners Leo J. Cash, Jr. (reappointment) Central City parkinq Place Commission Salvatore F. Catalano (reappointment) James A. Davis (reappointment) Community Development Beverly Ann Botts Robin Joyce Calote Claudia Oakes Thomas pierce Martin Valdez Fine Arts Commission Mildred L. McKim Gwendolyn Roberts Citizens Advisory Committee (reappointment) (appointment) (appointment) (reappointment) (appointment) (reappointment) (reappointment) Board of Fire Commissioners Richard C. Caldwell (reappointment) Human Relations Commission Draymond Crawford, II (appointment) Veleata Scott (appointment) Board of Library Trustees Robin Joyce Calote Dr. Dottie Garcia Main Street Advisory Jan Cox Veronica Martinez Parks & Recreation Max L. Alonso, III David J. Austin P1anninq Commission Kenneth G. Durr, Sr. Dr. Ernie Garcia (appointment) (appointment) Board (reappointment) (appointment - alternate) Commission (reappointment) (reappointment) (appointment) (appointment) 4/6/1998 4 Board of Police Carl Clemons Commissioners (appointment previous alternate) (appointment - alternate) Ben Gonzales Senior Affairs Commission Fay Rodgers (reappointment) COUNCIL MEMBER LIEN M. Anne Jimenez Robert V. Lien Isabel C. Monroy Rev. Mary S. Martin Animal Advisory Commission Community Development Citizens Advisory Committee Board of Fire Commissioners Human Relations Commission COUNCIL MEMBER MILLER Paul L. Riccio Erna I. Schuiling Bureau of Franchises Human Relations Commission Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the appointments requested by Mayor Valles and Council Members Lien and Miller be approved. City Clerk Clark administered the Oath of Office to the newly appointed board, bureau, committee, and commission members, and each appointee was presented a certificate of appointment. PRESENTATION - MUNICIPAL CODE - CITY CLERK CLARK (3) City Clerk Clark presented the recently updated and revised Municipal Code notebooks to the Mayor, Council and administrative staff; and thanked those staff members from the City Attorney's Office and the City Clerk's Office who worked many long hours toward the completion of this project. PRESENTATION - TO COUNCILWOMAN ANDERSON - COLUMBUS KNIGHTS OF (3) Councilwoman Anderson was presented a trophy by Mr. Luna of the Kiwanis Knights of Columbus (KKC) Little League for her support of their projects and the work they are doing with local children. Mrs. Anderson thanked the Knights of Columbus and commended them for their work with the children of the community; particularly, the ballpark at Mt. Vernon Avenue and 14th Street and the many ball teams they have organized. 4/6/1998 5 PRESENTATION - CITY ATTORNEY'S OFFICE - TIGER AWARD (3) City Attorney Penman presented the official City Attorney's "Tiger Award" to Legal Secretary Josie Soria in recognition of the hundreds of hours she has worked during the past three years typing the updated Municipal Code, including numerous overtime hours. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she had joined Mayor Valles and Council Member Schnetz on a trip to Washington, D.C., which she felt was very productive and interesting, and she thanked Inland Action for inviting them to join their group. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that she had attended several meetings regarding the Neighborhood Initiative Program and the $15 million the County is holding, and that the citizens are definitely going to be watching how the Council allocates the City's share of the funds. Ms. Estrada also reiterated that the proposed "lake project" is not a City project, but is a concept being discussed by the San Bernardino Municipal Water District. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias congratulated the City's Women of Achievement honorees Diane Caldera, Code Compliance; Linda Carter Wilson, Parks, Recreation and Community Services; Nedia Holmes, Police Department; Debi Biggs, Animal Control; and Ruth Parrish, Management Information Services, and commended them on their accomplishments. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz extended his gratitude to Inland Action for inviting City representatives to join their trip to Washington, D.C. He stated that the City had given a lot of input to Inland Action and they share a good public/private working relationship. He noted that a team from the Department of Housing and Urban Development would be visiting the City on April 16. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin announced that a large cargo plane had flown into the San Bernardino International Airport recently--a test run for a cargo company from one of our southern neighbors. Cargo was loaded and sent to Asia, and Bureau of Customs officials were present to inspect the plane prior to departure. He explained that this was a test run for this particular company; however, if 4/6/1998 6 they decide to use San Bernardino International Airport, there may be an opportunity in the future for a permanent staff of customs officers at the airport and several flights arriving and departing San Bernardino. He expressed pleasure that progress was being made in the cargo field. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that the second hearing for the Fourth Year Action Plan of the Consolidated Plan would be held Monday, May 4, 1998, at 2:00 p.m. in the Council Chambers. She stated that the City receives three federal grants, and the hearing would provide an opportunity for constituents to provide input as to where these grants should be applied. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that she had attended an Inland Congregations United for Change (ICUC) meeting of over 700 people, and it was very impressive to see these people come together in their quest for the betterment of San Bernardino. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles announced that starting next month City Hall would be open five days a week for business; that on April 20 the Council would be asked to adopt an official schedule of Monday through Thursday, 7:30 a.m. to 5:30 p.m. and Fridays, 7:30 a.m. to 4:30 p.m., to be effective May 4. She also noted that beginning this week there would be a permanent receptionist assigned to the main lobby of City Hall and new signage would be developed to provide clearer information for visitors. Mayor Valles also announced that she plans to open a "one-stop shop" for all planning, building, and development-related services. Key to the plan would be the merging of Planning and Building Services and Public Works into a single, integrated Department of Development Services, which she hopes to have implemented by July 1. Lastly, Mayor Valles announced that the Stampede Baseball Team would be encouraged everyone to attend as many season. the first home game for this evening, and she games as possible this ANNOUNCEMENTS - CLOSED SESSION meeting - page 1) (Discussed earlier in the (1) City Attorney Penman provided an overview of which had recently been settled or adjudicated. final settlements are noted below: several cases The cases and 4/6/1998 7 Robert Kleitz vs. Countv of San Bernardino and City of San Bernardino - case was dismissed with prejudice. Barnev Salcedo vs. Citv of San Bernardino - case was settled for $3,000. Lawrence Crain bv and throuqh Sharon McGill vs. Citv of San Bernardino - the Federal Court granted the City's motion to dismiss the case. Amrut N. Patel, et al. vs. James F. Penman, et al. - the City settled the case for $140,000 which includes all costs and attorney fees. Richard Jimenez & Eloise Bravo Jimenez Vs. Citv of San Bernardino - case was dismissed. CITY CLERK CLARK EXCUSED At 9:46 a.m., City Clerk Clark left the Council meeting and was replaced by Deputy City Clerk Medina. PUBLIC COMMENTS - DOUG NYE (5) Doug Nye, P.O. Box 9458, Ontario, CA, a real estate developer involved in the remodeling of the Chief Auto Parts store located at the southwest corner of Rancho Avenue and Mill Street in the Third Ward, requested assistance from Council Member Arias in setting up a meeting with the Public Works Department to obtain help with the repairs of the sidewalks which are uprooted and dangerous to foot traffic. He stated that their option to remodeling at the present location would be to move to Foothill and Pepper in the city of Rialto, and although they would like to remain in San Bernardino, they need help with said repairs. Council Member Arias stated that she has been working on this project, and the City definitely wants to see the business stay at Rancho Avenue and Mill Street. She stated that everything possible would be done to help the developer and she would get everyone together. PUBLIC COMMENTS - BRIAN PLANT (5) Brian Plant, 498 West Court Street, San Bernardino, CA, expressed his ideas and opinions regarding various matters. PUBLIC COMMENTS - DAVE LIGHT (5) Dave Light, 1165 East 27th Street, San Bernardino, CA, a member of the Board of Library Trustees for nine years, stated that he had received a letter stating that his services were no longer 4/6/1998 8 needed on the Board, and he questioned if he was released from service because he did not vote for Mayor Valles. Mayor Valles stated that she was unaware that he had not voted for her, and explained that she was trying to give everyone who wishes to serve a chance to do so. 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 and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: February 16, 1998; March 2, 1998; March 11, 1998; March 14, 1998. CLAIMS & PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 31, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated March 23, 1998, 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. 98-87 - 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) (10) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit "A" which have been paid. 4/6/1998 9 The motion carried and Resolution No. 98-87 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT - APPLY FOR & ADMINISTER GRANT - $230,000 UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) ADMINISTER SUMMER FOOD SERVICE PROGRAM FOR CHILDREN (11) Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated March 13, 1998, regarding authorization to apply for and administer a $230,000 grant from the United States Department of Agriculture for the administration of the Summer Food Service Program for children. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Parks, Recreation and Community Services Director be authorized to apply for and administer a grant in the amount of $230,000 from the United States Department of Agriculture for the administration of the Summer Food Service Program for children. RES. 98-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/ PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN " BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (12) Council Member Devlin made a motion, seconded by Council Member Anderson, that salary increases for the following Headstart/Preschool positions retroactive to September 1, 1997, be approved: Teacher/Director from $12. 73/hour to $13 .10/hour; Teacher from $10.53/hour to $11.38/hour; Typist Clerk from $6.89/hour to $7.52/hour; and Teacher Aide from $6.89/hour to $7.52/hour; and that the positions of Teacher Aide (Headstart) and Typist Clerk (Headstart), part-time/temporary, be listed in the section of the resolution which identifies positions entitled to various benefits; and that said resolution be adopted amending Resolution No. 6413, Section 13, to reflect this particular action. The motion carried and Resolution No. 98-88 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. 4/6/1998 10 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A COOPERATIVE PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF TWENTY-SEVEN (27) EACH 1998 FORD CROWN VICTORIAS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 13) (13) City Administrator Wilson explained that the Municipal Code allows the City to piggyback on another organization's purchase in order to obtain the same unit price. Council inquired whether the City is provided with copies of all the bids received by the County and why the City would follow this procedure. It was the consensus of the Mayor and Council that discussion of this matter would be postponed until Purchasing Manager John Murphy was available to answer questions. RES. 98-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15777, LOCATED ON THE SOUTHEAST CORNER OF RICHARDSON STREET AND COULSTON STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (14) Council questioned the use of the words, "substantially in compliance." Michael E. Hays, Acting Director of Public Works/City Engineer, explained that often tentative maps can be slightly modified, and this denotes that staff has verified what was approved on the tentative map. He stated that this is standard terminology used in the Public Information Act. Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-89 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE - REJECTION OF BIDS - READVERTISE FOR BIDS - PAVEMENT REHABILITATION - SIERRA WAY, FROM MILL STREET TO RIALTO AVENUE - MILL STREET, FROM MT. VERNON AVENUE TO "I" STREET - PLAN NO. 9734 (15) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated March 12, 1998, regarding authorization to rej ect all bids and readvertise for pavement 4/6/1998 11 rehabilitation on Sierra Way, from Mill Street to Rialto Avenue, and on Mill Street, from Mt. Vernon Avenue to "I" Street. Discussion ensued regarding the bidding process and how often this kind of thing happens. Council also questioned whether the bidders are aware of the engineer's projected estimate. Mr. Hays indicated that rejection of all bids rarely occurs; however, in this case there were errors on the part of both the bidders and the City. Staff informed the Council that the engineer's proj ected estimate is included in the Notice Inviting Bids. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that all bids be rejected and that the Acting Director of Public Work/City Engineer be directed to readvertise for bids. AUTHORIZE - PREPARATION OF BID SPECIFICATIONS - SALE OF CITY-OWNED LAND NORTHWEST OF LITTLE LEAGUE DRIVE, NORTHEAST OF I-215 FREEWAY - ADVERTISEMENT OF NOTICE INVITING BIDS (16) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated March 25, 1998, regarding authorization to advertise for bids for City-owned land located northwest of Little League Drive and northeast of the I-215 freeway. City Administrator Wilson explained that said property consisted of 100 acres of undeveloped land which had been acquired through a foreclosure action as a result of the property owner defaulting on assessment payments for Community Facilities District No. 995. He stated that the property is mostly contiguous except for a five-acre parcel at the intersection of Little League Drive and the I-215 freeway, and that staff recommended excluding the five-acre parcel from the bid process at this time, with the idea that it might be a good site for a fire station. Discussion ensued regarding the current status of the open areas, the required lot sizes in the area, whether the dedications were made when the final map was recorded, and whether the City should consider converting the land back to acreage while the property is still under the City's control. City Admnistrator Wilson noted that the open space areas were not included as part of the assessment district and were not acquired by the City. Therefore, acquisition of this parcel would 4/6/1998 12 be a two-phase process--the buyer would first go through a bidding process for the property owned by the City and secondly, negotiate a purchase price for the common areas from the existing landowner. Council Member Lien expressed concern that a community needs assessment for fire services should be completed prior to deciding on fire station locations. City Attorney Penman provided a detailed explanation of all actions and activities relative to said property. Deputy City Attorney Empeno clarified the City's General Plan specifications relative to required lot sizes in the area, and stated that if someone did try to develop the property with smaller lots they would not be allowed to do so. Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that the Real Property Division be authorized and directed to prepare a notice inviting bids and bid specifications for the sale of City-owned property, excluding the five-acre parcel on the northwest corner of Little League Drive and I-215 Freeway frontage road (APN 0261-171-06) RES. 98-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A COOPERATIVE PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF TWENTY-SEVEN (27) EACH 1998 FORD CROWN VICTORIAS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting - page 10) (13) James Howell, Director of Public Services, informed the Council that there had been six bidders in an extremely competitive bid process. He stated that his office was finalizing a notice of advertisement for bids when the decision was made to piggyback on the County's bid, and clarified that it was the City's decision to go along with the County. He assured the Council that all bids would be included for their review in the future. City Attorney Penman verified that unlike the City, the County does not have a local bidders preference policy. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-90 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER ARIAS EXCUSED At 10:46 a.m., Council Member Arias left the Council meeting. 4/6/1998 13 RES. 98-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DOUG MARTIN CONTRACTING COMPANY, INC., FOR PAVEMENT REHABILITATION BY SLURRY SEAL METHOD BETWEEN 9TH STREET AND BASELINE, AND FROM "En STREET TO WATERMAN AVENUE. (17) Council Member Estrada questioned whether it was a good time to be resurfacing streets and whether the City qualified for federal funds for some of the damage incurred by El Nino. Michael E. Hays, Acting Director of Public Works/City Engineer, stated that spring is a favorable time of year to apply slurry seal as long as it is not floodlng. He added that claims would be filed for any reimbursement the City is entitled to receive. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98 - 91 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. APPROVE CONTRACT CHANGE ORDER NO. SIX MCM CONSTRUCTION, INC. - ORANGE SHOW ROAD EXTENSION - FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - PLAN NO. 9142 (18) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated March 17, 1998, regarding contract Change Order No. Six with MCM Construction, Inc., for the extension of Orange Show Road. Council Member Estrada thanked and commended Director Hays and his staff for the way they have worked with the residents in the area during this very difficult transition/construction period. She invited the Mayor and other Council Members to visit Waterman Avenue and Pioneer Street to see just what this extension of Orange Show Road has entailed and the hardship it has been on the residents. Council Member residents who are on was going to place a Anderson expressed concern for the fixed incomes, and inquired whether the lien on their homes or absorb the cost. ten City Director Hays stated that the City would funding, both as a good-will gesture and to property improvements are done properly. take care of the ensure that the 4/6/1998 14 COUNCIL MEMBER ARIAS RETURNED At 10:51 a.m., Council Member Arias returned to the Council meeting and took her place at the Council table. Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that Contract Change Order No. Six to the contract with MCM Construct ion, Inc., for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue in accordance with Plan No. 9142, be approved to pay for the portion of the conversion costs that each of the local residents would normally pay associated with the undergrounding of the existing overhead utilities on pioneer Street, at a total additional cost to the contract of $6,620.51, increasing the contract total to $9,147,390.76 from $9,140,770.25. AN ORDINANCE CHAPTER 3.44 REDUCING THE PERCENT. OF THE CITY OF SAN BERNARDINO AMENDING OF THE SAN BERNARDINO MUNICIPAL CODE AMOUNT OF SERVICE USERS TAX TO EIGHT First (19) Barbara Pachon, Director of Finance, submitted a Staff Report dated March 10, 1998, which provided background information on the Service Users Tax, including the fact that the last increase of .5 percent was due to expire on June 30, 1998. She explained that under Proposition 218 guidelines, in order for the City to keep the .5 percent beyond this date it would be necessary to put the matter to a public vote, and the Council had opted not to do this; therefore, Chapter 3.44 of the Municipal Code needed to be amended to reduce the Service Users Tax rate from 8.5 percent to 8.0 percent effective July 1, 1998. It was noted that revenue to the City from the Service Users Tax would be reduced by approximately $800,000. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 10:55 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 11:09 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. 4/6/1998 15 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina, Director of Planning and Building Services Hays. Absent: None. DETERMINE - PUBLIC CONVENIENCE OR NECESSITY - TYPE 21 LIQUOR LICENSE - EL TIGRE MARKET - 1184 WEST 2ND STREET (20) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated March 19, 1998, regarding the upgrade of the liquor license at the El Tigre Market from a Type 20 to a Type 21. Director Hays provided an overview of the matter, stating that the Type-20 liquor license currently held by El Tigre Market allows for the sale of beer and wine for off-site consumption, while a Type-21 license would allow for the sale of beer, wine and alcohol for off-site consumption. He added that the Police Department had indicated they would not oppose the application. Council Member Arias stated that there had been a lot of serious problems at the market and she wanted to ascertain whether these problems had been resolved prior to voting on this matter. Council Member Arias made a motion, seconded by Council Member Miller, that the matter be continued to the Mayor and Council meeting of April 20, 1998. Council Member Miller withdrew her second for purposes of discussion. Council Member Anderson stated that El Tigre market had made substantial improvements and their liquor license should be consistent with other markets in San Bernardino. Council Member Arias noted that she had met with police representatives and owners of the market and the problems had cleared up for awhile, but she had recently heard that matters had deteriorated again. Council Member Miller reinstated her second and the motion to continue the matter to the Mayor and Council meeting of April 20, 1998, was unanimously carried. 4/6/1998 16 PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 97-07 DEVELOPMENT CODE AMENDMENT NO. 97-05 - CONDITIONAL USE PERMIT NO. 97-21 - CHANGE LAND USE DESIGNATION FROM IH, INDUSTRIAL HEAVY, TO OIP, OFFICE INDUSTRIAL PARK ESTABLISH CHILDREN'S SERVICES CENTER 1499 SOUTH TIPPECANOE AVENUE - CHILDREN'S FUND (21) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated March 12, 1998, regarding a request to amend the General plan land use plan from IH, Industrial Heavy, to OIP, Office Industrial Park; to amend the Development Code to include a definition of "Children's Services Centers" as a conditionally permitted use within the OIP land use district; and to establish a Children's Services Center on a 1.59 acre site located at the southeast corner of Tippecanoe and Victoria Avenues; specifically, 1499 South Tippecanoe Avenue. Mayor Valles opened the hearing. Director Hays stated that the proposed project consisted of two components--an assessment center and an evaluation center--to be located in an existing facility located in a Heavy Industrial land use area which is adjacent to an Office Industrial Park land use area. Discussion ensued regarding the exact nature of the proposed development, the pros and cons of locating in said location, and the excellent services provided by the Children's Fund to the local area. There was some concern that the Council would be granting approval to one type of facility, which would eventually end up as something entirely different. Lee Redmond, Chairman of Children's Fund, stated that the first thing they plan to do is go into the existing office building and convert it into a children's assessment center, which would be operated jointly by the County and Loma Linda University Medical Center, for children who have been physically and sexually abused. He noted that 50-60 children are seen in any given month. He stated that the second component of the plan did not consist of a medical facility such as a hospital, and ongoing treatments would not occur there. What was being proposed was a housing unit that deals with foster children in the County system who need to be moved and placed, but whose cases need to be reviewed and assessments done so that proper placement can be determined. To accomplish this it would be necessary to spend a few days with the children. 4/6/1998 17 City Attorney Penman pointed out that both Children's Fund and Loma Linda University Medical Center are uniquely qualified to perform the proposed children's services. He added that many times attempts have been made to persuade group homes to move out of residential areas and into an industrial location, and the proposed location was exactly what was needed. RES. 98-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (21) AN ORDINANCE OF THE CITY OF SAN CHAPTERS 19.02 AND 19.08 OF THE SAN CODE (DEVELOPMENT CODE) REGARDING CENTERS. First BERNARDINO AMENDING BERNARDINO MUNICIPAL CHILDREN'S SERVICES (21) Council Member Schnetz made a motion, seconded by Council Member Estrada, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration and the resolution which approves General Plan Amendment No. 97-07; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 97-21 be approved, based on the findings of fact and subject to the conditions of approval and standard requirements. The motion carried and Resolution No. 98-92 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 11:39 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:00 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in 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; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Development Director Winkler. Absent: Council Member Arias. 4/6/1998 18 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 2:00 p.m., Chairwoman Valles called 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 to order. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. At this time the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:49 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Miller 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 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 be waived. CONSOLIDATED PLAN - AMENDED THIRD YEAR ACTION PLAN - CITY ADMINISTRATOR DEMOLITION PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R4) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated March 19, 1998, regarding a Community Development Block Grant funding agreement for Project 96- 234 (City Administrator Demolition Project) 4/6/1998 19 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of a Community Development Block Grant (CDBG) funding agreement between the City of San Bernardino and the corresponding agency (Project 96-234) CONSOLIDATED PLAN - AMENDED THIRD YEAR ACTION PLAN - HIGHLAND SENIOR CENTER BATHROOM REHABILITATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R5) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 1, 1998, regarding a Community Development Block Grant funding agreement for Project 96- 213 (Highland Senior Center bathroom rehabilitation) . Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of a Community Development Block Grant (CDBG) funding agreement between the City of San Bernardino and the corresponding agency (Project 96-213). RES. 98-93 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT OF A COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY AND FOR LEASE/PURCHASE OF FIRE APPARATUS (PROJECT #97- 229) . (R6) Council Member Miller made a motion, seconded by Council Member Anderson, that the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agency (Project 97-229); and that said resolution be adopted. The motion carried and Resolution No. following vote: Ayes: Council Members Devlin, Anderson, Miller. Nays: None. Arias. 98-93 was adopted by the Estrada, Lien, Schnetz, Absent: Council Member SET PUBLIC HEARING - MAY 4, 1998 - 2:00 P.M. - FOURTH YEAR ACTION PLAN - CONSOLIDATED PLAN - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) (R7) 4/6/1998 20 Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 1, 1998, recommending the setting of a public hearing to receive citizens' comments regarding the Fourth Year Action Plan of the 1995-1999 Consolidated Plan for certain federal funds. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set May 4, 1998, at 2:00 p.m. in the City Council Chambers, as the date, time and place for the public hearing to receive citizen comments on and to consider approval of the draft Fourth Year Action Plan component of the 1995-1999 Consolidated Plan for certain federal funds. REPLACE - UNDERGROUND STORAGE TANKS GROUND TANKS FIRE STATIONS 3 ADVERTISEMENT FOR BIDS - REMOVAL OF (UST'S) WITH ABOVE- & 6 AUTHORIZE UNDERGROUND TANKS (R8) Edward S. Raya, Acting Director of Personnel, Staff Report dated March 25, 1998, regarding the underground storage tanks at Fire Stations 3 and 6, to with one above-ground storage tank at each station. submi t ted a removal of be replaced Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that $35,000 be used from a Community Development Block Grant (CDBG) that was previously approved for this project; and that staff be authorized to prepare plans and specifications and solicit bids for the removal of the underground storage tanks at Fire Stations 3 and 6, and that they be replaced by one above-ground tank at each station. CITY ATTORNEY PENMAN EXCUSED At 2:51 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. APPROVE - COOPERATIVE OF SAN BERNARDINO STEADFAST PROPERTIES, AGREEMENT CREEKSIDE INC. - BETWEEN VILLAGE CITY & COUNTY APARTMENTS (RIO) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated March 26, 1998, regarding approval of a cooperative Agreement between the City and the County of San Bernardino. Mr. Winkler stated that the agreement would create no financial obligation on the part of the City or the Agency, but was merely a formal acknowledgment that the County can submit with their application to the State that the City is aware of the project, since the property is located within the boundaries of the city. 4/6/1998 21 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve the Cooperative Agreement between the County and City for execution by the Mayor which is attached to the Staff Report dated March 26, 1998, submitted by Development Director Winkler. PUBLIC HEARING AMENDMENT NO. ONE DISPOSITION & DEVELOPMENT AGREEMENT - PREMIS PARTNERS - RUSS HATLE (Rll) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated March 31, 1998, regarding the need for an amendment to the Disposition and Development Agreement with premis Partners to correct the land value as confirmed by an appraisal. Mayor Valles opened the hearing. John Hoeger, Project Manager, provided a synopsis of previous action taken and explained the finding of unusual and excessive flood control costs required to prepare said property, resulting in the need for an amendment to the agreement. No comments were received from the public. RES. 98-94 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS. (R1IA) Council Member Schnetz Member Anderson, that the resolution be adopted. made a motion, seconded by Council hearing be closed; and that said The motion carried following vote: Ayes: Anderson, Miller. Nays: Member Arias. and Resolution No. 98-94 was adopted by the Council Members Estrada, Lien, Schnetz, Council Member Devlin. Absent: Council 4/6/1998 22 ADJOURNMENT At 3:11 p.m., the joint regular meeting of Common Council and Community Development Commission to 9:00 a.m., Wednesday, April 15, 1998, in Development Agency Board Room, 201 North "E" Bernardino, California. (22) the Mayor and was adjourned the Economic Street, San RACHEL G. CLARK City Clerk BY~LW Deputy City Clerk No. of Items: 32 No. of Hours: 4.25 23 4/6/1998