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HomeMy WebLinkAbout06-15-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 15, 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: 06 a. m., Monday, June 15, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 19 & 25) (1) At 8:06 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) Robert Ramirez vs. Ci tv of San Bernardino - Workers' Compensation Appeals Board Case No. SBR 192570; Citv of San Bernardino Hotel/Motel Association vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 46722; In Re the Estate of Larrv Nash - San Bernardino Superior Court Case No. SPR 56637 (Desert Region) convenient; Michael Shavne Lawhon. Maintenance Co.. et al. Case No. SCV 25826; et al. vs. California Pavement - San Bernardino Superior Court Teresa D. Anava vs. City of San Bernardino San Bernardino Superior Court Case No. SCV 42353; 1 6/15/1998 Peoole of the Anderson (AKA Superior Court State of California vs. Careel Denovia Fov) Case No. SCV 47457; Carell Denovia San Bernardino Anthony Banks vs. City of San Bernardino - United States District Court Case No. CV 95-3656; Anthony Banks vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 98-4001 CM (RC); citv of San Bernardino vs. Ione Carey. et al. San Bernardino Superior Court Case No. SCV 35991; Lechon Chambers vs. Ci tv of San Bernardino. et al. United States District Court Case No. EDCV 96-284; James C. Clark vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 40674; Robvn Courtney vs. City of San Bernardino. et al. - San Bernardino Municipal Court Case No. 45022; Lawrence Crain vs. City of San Bernardino. et al. United States District Court Case No. CV 97-5227 SVW (CWx) ; Brian S. Deam vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 41377; Shirley J. Goodwin vs. Citv of San Bernardino. et al. - United States District Court Case No. EDCV 98-66 RT (VAPx) ; citv of San Bernardino vs. David Green. et al. - San Bernardino Superior Court Case No. SCV 35993; City of San Bernardino vs. Emilio Hernandez. et al. - San Bernardino Superior Court Case No. SCV 42264; Andrew Hernandez. a minor. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 36341; Howard Contractinq. Bernardino. et al. - No. SCV 39468; Inc.. etc.. vs. City of San San Bernardino Superior Court Case Richard Jimenez. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 97-0086 RT (RC) ; 2 6/15/1998 Richard Jimenez. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 97-0157 RT (VAPx) ; Rose Mihata vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 30467; Bertha Morana vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 39012; Mark Olson vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 42981; Citv of San Bernardino vs. Weldon Page - San Bernardino Superior Court Case No. SCV 35981; Edward Powe vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 36830; Kathrvn N. Rasche vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 47732; Victor Huao L. Realsola. et al. vs. City of San Bernardino. et al. - San Bernardino Municipal Court Case No. 36595; Kathleen Reynolds vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33562; Deborah Richter vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 45876; Richard A. Rister vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 30482; Randv Schlosser vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 20993; Citv of San Bernardino vs. John Schmitz - San Bernardino Superior Court Case No. SCV 35978; City of San Bernardino vs. Shinina Star Marketina. Inc. - San Bernardino Municipal Court Case No. 44297; City of San Department of Court Case No. Bernardino vs. Mental Health - SCV 36995; State of California, San Bernardino Superior Alda Mirta Varaas. et al. vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 42051; 3 6/15/1998 Alda Mirta Varqas. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 97-9547 MRP (RZx); Thomas Williams. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33078. B. Conference with legal counsel significant exposure to subdivision (b) (1) & (3) (A) 54956.9: one. - anticipated litigation - litigation pursuant to of Government Code Section 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 matter pursuant to Government Code Section 54957. CLOSED SESSION At 8:07 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 Deputy City Clerk Cordova with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Coleman and Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; Police Chief Dean, Acting Personnel Director Raya and Robert Bakke of Mark, Bolson, Kuntz and Serembe, 600 N. Arrowhead Avenue, Suite 215, San Bernardino, CA. 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 the regular and supplemental agendas 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. ACTING PERSONNEL DIRECTOR RAYA & SPECIAL COUNSEL BAKKE EXCUSED At 8: 11 a. m., Acting Personnel Director Raya and Special Counsel Bakke left the closed session. 4 6/15/1998 CODE COMPLIANCE DIRECTOR BAUDE ARRIVED At 8:11 a.m., Code Compliance Director Baude arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:37 a.m., Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 8: 56 a. m., the closed session adj ourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 02 a. m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Reverend Jeffrey Morehead, Grace Chapel. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS - BOARD OF FIRE COMMISSIONERS - CENTRAL CITY PARKING PLACE COMMISSION - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE BUREAU OF FRANCHISES HUMAN RELATIONS COMMISSION - MAIN STREET ADVISORY BOARD - PARKS AND RECREATION COMMISSION - BOARD OF POLICE COMMISSIONERS (2A-I) Mayor Valles submitted staff reports dated June 8 and 10, 1998, respectively, requesting appointments to various committees, as requested by herself and Council Members Lien and Schnetz. MAYOR VALLES Human Relations Commission - Pratap Champsi (Alternate Appointment) COUNCIL MEMBER LIEN Parks and Recreation Commission - Kathyleen Ann Weathers (Appointment) 5 6/15/1998 Bureau of Franchises - Dennis W Cole (Appointment) Manny W. Cervantes (Appointment) Board of Police commissioners - COUNCIL MEMBER SCHNETZ Main Street Advisory Board - Board of Fire Commissioners - Larry Raymond Quiel (Reappointment) Car son S tor e r (Reappointment) Central City Parking Place Commission - Community Development Citizens Advisory Committee - Ray Fox (Reappointment) Bureau of Franchises - Lenore H. Schon (Reappointment) John Shultz (Reappointment) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments and/or reappointments, as requested by Council Members Lien and Schnetz, be approved. (Note: No action was taken on Mayor Valles' appointment. ) CERTIFICATE OF RECOGNITION BIRTHDAY MARGARET VILLA 90TH (3) A certificate of recognition was presented by Mayor Valles and Council Member Estrada to Margaret Villa on the celebration of her 90th birthday. Ms. Villa was honored for her dedicated service to the community. 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: Name Department Years of Service Henry Empeno, Jr. City Attorney 10-year pin Michael Clark Fire 10-year pin Curtis Janeway Fire 10-year pin John Roberg Fire 25-year pin Steven Rouchleau Parks, Recreation & 10-year pin Community Services Guadalupe Padilla Parks, Recreation & 3D-year pin Community Services Joseph Lease Planning & Building 10-year pin Services Ronald Kain Public Services 10-year pin 6 6/15/1998 Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles made the following announcements: She had the privilege of speaking at one of the ceremonies held at California State University, San Bernardino, and 2 out of 40 scholarships were granted to San Bernardino students. Mayor Valles voiced her admiration for the young adults within the city. GE Capital Mortgage Services will be expanding their local facility and hiring approximately 500 new employees within the next few months. She extended her deepest thanks for the commitment they have made to our community. Debi Biggs, Director of Animal Control, has offered to have her hair shaved off if $6,000 in donations is received. The money collected will be applied towards Iodine Deficiency Disorders (IDD) , which is the world's leading cause of preventable birth defects and mental retardation. Current donations total $5,000. If she reaches her goal, she will have her head shaved at the July 15 meeting of the Kiwanis Club. Mayor Valles and City Clerk Rachel Clark were designated as 2 of 29 Hispanic elected officials, selected throughout the United States, to participate in the Third Informative Journey About Mexico. Mayor Valles was unable to attend; however, City Clerk Rachel Clark is presently in Mexico and is attending this important conference. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that a health fair coordinated by Kiwanis Club of Greater San Bernardino was held this past weekend at Casa Ramona. It was attended by 3,000+ individuals, and the examinations were given free of charge. She thanked Ralph Hernandez who coordinated the successful event. Council Member Estrada also stated that she has been working with Danny Flores of Low Riders to coordinate an event to be held at Nunez Park in conjunction with the Route 66 Rendezvous. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias stated that she participated in the Leukemia Society Celebrity Waiter event held at Castaways and now has a greater appreciation for waiters. She also noted that she attended the Mexico City conference last year and her experience was extremely positive. 7 6/15/1998 ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that he was present at the Highland Senior Center University graduation and was pleased to see the number of participants taking advantage of the valuable resources. Over 120 individuals took part in the ceremony and 300+ students are actively involved in the university. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked the Mayor, staff and GE Capital Mortgage Services who were responsible for GE's expansion within the city. She noted that they are a Fortune 500 company located in the Sixth Ward. Mrs. Anderson also announced that Santa Barbara Aircraft is currently recruiting for 20 apprentice aircraft mechanic positions. A 10-week aircraft mechanic training course is available at San Bernardino Valley College. PUBLIC COMMENTS - PASTOR VERNON SHAW (5) Pastor Vernon Shaw, 1525 North "D" Street, Bernardino, CA, stated that he has been operating for the past two years and would appreciate assistance from the city. Suite 13, San within the city any financial PUBLIC COMMENTS - BARBARA WITMER (5) Barbara Witmer, 1848 E. San Bernardino Avenue, San Bernardino, CA, requested that the city consider the placement of a four-way stop at Richardson Street and San Bernardino Avenue and that the speed limit be reduced from 45 mph to 35 mph. She voiced concern regarding the safety of the residents. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he has initiated a petition to have all law enforcement officers undergo a mandatory drug test. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, distributed a flyer relative to his consulting firm which specializes in educating the public on the Americans With Disabilities Act. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the 8 6/15/1998 resolutions and ordinances on the regular agenda of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Anderson made a motion, seconded by Council Member Miller, 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: May 18, 1998; May 28, 1998. CLAIMS & PAYROLL (8) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 10, 1998, from Barbara Pachon, Director of Finance, be approved. RES. 98-135 - 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 Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit "A" which have been paid. The motion carried and Resolution No. 98-135 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 98-136 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WILTSHIRE URETHANE FOAM COMPANY FOR REROOFING OF FIRE STATIONS #9 AND #11. (13) RES. 98-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (16A) RES. 98-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA. (16B) 9 6/15/1998 RES. 98-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE DISTRICT, 16TH STREET AND MEDICAL CENTER DRIVE AREA. (16C) RES. 98-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE DISTRICT, CARNEGIE DRIVE AREA. (16D) RES. 98-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, ZONE 1, LANDSCAPING MAINTENANCE, SHANDIN HILLS AREA. (16E) RES. 98-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, SEWER LIFT STATION MAINTENANCE DISTRICT, PINE AVENUE AREA. (16F) RES. 98-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, SEWER LIFT STATION MAINTENANCE DISTRICT, ALLEN STREET AREA. (16G) RES. 98-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE DISTRICT, AIRPORT DRIVE. (16H) RES. 98-145 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR DISTRICT NO. 973, INSTALLATION OF TRAFFIC UNIVERSITY PARKWAY AND HALLMARK PARKWAY. BERNARDINO ASSESSMENT SIGNALS AT (16I) RES. 98-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND EUCALYPTUS AVENUE AREA. (16J) RES. 98-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND MILL STREET AREA. (16K) RES. 98-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE DISTRICT, PINE AVENUE AND BELMONT AVENUE AREA. (16L) 10 6/15/1998 RES. 98-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE DISTRICT, MERIDIAN AVENUE AND RANDALL AVENUE AREA. (16M) RES. 98-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE DISTRICT, PIEDMONT DRIVE AREA. (16N) RES. 98-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND MACY STREET AREA. (160) RES. 98-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, SEWER LIFT STATION AND LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND MACY STREET AREA. (16P) RES. 98-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE DISTRICT, VERDEMONT DRIVE AND OLIVE AVENUE AREA. (16Q) RES. 98-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND JUNE STREET AREA. (16R) RES. 98-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE DISTRICT, CHESTNUT AVENUE AREA. (16S) RES. 98-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE DISTRICT, PENNSYLVANIA AVENUE AND BIRCH STREET AREA. (16T) RES. 98-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1002, LANDSCAPING MAINTENANCE DISTRICT, "H" STREET AREA. (16U) RES. 98-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, INSTALLATION OF TRAFFIC SIGNALS, COMMERCENTER EAST AND HOSPITALITY LANE. (16V) 11 6/15/1998 RES. 98-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND PEPPER LINDEN AVENUE AREA. (16W) RES. 98-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND RANDALL AVENUE AREA. (16X) RES. 98-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND BURNEY STREET AREA. (16Y) RES. 98-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT, COULSTON STREET AREA. (16Z) RES. 98-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT, KENDALL AVENUE AND PINE AVENUE AREA. (16M) RES. 98-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1019, LANDSCAPING MAINTENANCE DISTRICT, NORTH PARK BOULEVARD AND MOUNTAIN DRIVE AREA. (lQm) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 98-136, 98-137, 98-138, 98-139, 98-140, 98- 141, 98-142, 98-143, 98-144, 98-145, 98-146, 98-147, 98-148, 98- 149, 98-150, 98-151, 98-152, 98-153, 98-154, 98-155, 98-156, 98- 157, 98-158, 98-159, 98-160, 98-161, 98-162, 98-163 and 98-164 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (9) Ci ty Administrator Wilson requested that Item No. Fi ve be deleted because the candidate had accepted employment elsewhere. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated June 4, 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, with the deletion of Item NO.5. 12 6/15/1998 ORD. MC-1024 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. Final (11) Acting Personnel Director Raya answered questions concerning the amendment which incorporates the 1959 survivor benefits and stated that the cost would be $3.50 for each employee who opted for the benefit. Council Member Estrada made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-1024 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN BLOCKBUSTER PAVILION. (Discussed later in the meeting - page 19) (12) Council Member Miller made a motion, Member Anderson, and unanimously carried, continued to this afternoon. seconded by Council that the matter be RES. 98-165 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VANCE CORPORATION FOR PAVEMENT REHABILITATION AT SIERRA WAY BETWEEN MILL STREET AND RIALTO AVENUE AND MILL STREET BETWEEN MT. VERNON AND "I" STREET. (14) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired about the funds allocated for curb cuts. Acting Director of Public Works/Engineering Hays stated that $46,000 has been allocated for curb cuts and a status report would be provided to the council at a future date. Council Member Schnetz made a motion, seconded by Council Member Anderson, that the Mayor and Common Council authorize the transfer of $150,000 from Account No. 126-369-5504-7008 40th Street, 3rd Street to Acre Lane, to Account No. 129-367-5504-7103 and 129-367-5504-7104 - Sierra Way, Mill Street to Rialto Avenue and Mill Street, "In Street to Mt. Vernon Avenue; and that said resolution be adopted. The motion carried and Resolution No. 98-165 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. 13 6/15/1998 RES. 98-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1998-99 ASSESSMENT ROLL FOR ACQUISITION AND IMPROVEMENTS FOR THE DOWNTOWN CENTRAL CITY PARKING DISTRICT NO. 947. (15) City Administrator Wilson answered questions relative to the funding source for the maintenance, operation and security of the Central City Parking District and Assessment Roll No.2, Expansion of Facilities. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted; and that the assessments for the costs of maintenance, operation and security for the Central City Parking District, and Assessment Roll 2, for the expansion of facilities, be suspended until termination of the assessment district. The motion carried and Resolution No. 98-166 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson. Nays: None. Abstain: Council Member Miller. Absent: None. APPROVE REORGANIZATION - LIBRARY - PERSONNEL (17) Ed Raya, Acting Director of Personnel, submitted a staff report dated June 8, 1998, concerning the proposed reorganization of the library personnel. Council Member Miller made a mot: ion , seconded by Council Member Arias, and unanimously carried, that one (1) Library Computer Lab Coordinator position (Range 1359, $2,660- $3,233/month), be deleted; that one (1) Junior Librarian position (Range 1324, $2,234-$2,616/month), be deleted; that one (1) Technology Librarian position (Range 1379, $2,939-$3,573/month), be established; that one (1) Library Computer Technician position (Range 1285, $1,839-2, 236/month) be established; and that the Personnel Department be directed to update Resolution 6413, Section 10, and Resolution 97-244 to reflect this particular action. RES. 98-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF ENNIS STREET BETWEEN AMOS AVENUE AND LINCOLN AVENUE AND RESERVING EASEMENTS FOR SANITARY SEWER, WATER LINES AND PUBLIC UTILITIES. (18) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98 -167 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. 14 6/15/1998 RES. 98-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT THIRTY-FIRST STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH STODDARD AVENUE. (19) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-168 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A THIRTY-FIVE MILE PER HOUR SPEED LIMIT ON SECOND STREET BETWEEN THE I-215 FREEWAY AND ARROWHEAD AVENUE, A THIRTY- FIVE MILE PER HOUR SPEED LIMIT ON SIXTH STREET BETWEEN "H" STREET AND SIERRA WAY, A FORTY MILE PER HOUR SPEED LIMIT ON CALIFORNIA STREET BETWEEN BASE LINE STREET AND CAJON BOULEVARD, AND A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON FORTIETH STREET BETWEEN KENDALL DRIVE AND ELECTRIC AVENUE. First (20) Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. AUTHORIZE BID REJECTION INSTALL HANDICAP RAMPS - 9793A - READVERTISEMENT FOR BIDS - VARIOUS LOCATIONS - PLAN NO. (21) Michael submitted a installation Hays, Acting Director of Public Works/Engineering, staff report dated June 4, 1998, concerning the of handicap ramps at various locations. Director Hays answered questions regarding the original advertisement for bids and the bidding process and stated that 10 ramps have been deleted from the original request. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, noted the reduction of price for the construction of 40 curb ramps. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that all bids for the installation of handicap ramps Phase I, per Plan No. 9793, be rejected; and that the Acting Director of Public Works/Engineering be authorized to advertise for bids per Plan No. 9793A. RECESS MEETING At 9:57 a.m., Mayor Valles declared a five-minute recess. 15 6/15/1998 RECONVENE MEETING At 10:10 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. ACCEPT BIDS - ORAL - SALE OF CITY PROPERTY - NORTHEAST OF THE I-215 FREEWAY - NORTHWEST OF LITTLE LEAGUE DRIVE (22) Michael Hays, Acting Director of Public Works/Engineering, submitted a staff report dated May 21, 1998, concerning the sale of city property located northeast of the I-215 Freeway and northwest of Little League Drive. Mayor Valles stated that the city would now accept oral bids. Ernest Vincent, Century Cole Communities, stated that his firm is not submitting a formal bid; however, they would like to commence negotiations for a purchase price of $3,000,000. Council Member Anderson made a motion, seconded by Council Member Arias, and unanimously carried, that the matter be referred to the Ways and Means Committee. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY. (23) City Administrator Wilson explained the terms of the agreement and answered questions relative to such. Fire Chief Pitzer answered questions concerning the costs associated with a disaster response. Council questioned the costs itemized within the agreement. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Council meeting of July 6, 1998. RES. 98-169 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO FRESH PAINT FOR MAINTENANCE SERVICES TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (24) 16 6/15/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-169 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER AGREEMENT FOR BANC ONE LEASING CORPORATION FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (25) NOTE: The resolution was not distributed with the backup material; therefore, it will not be available for review. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of July 6, 1998. RES. 98-170 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT FOR THE PURPOSE OF CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL EMERGENCY TRAINING CENTER. (26) Fire Chief Pitzer explained the services to be rendered by the San Bernardino Regional Emergency Training Center, as proposed under the joint powers agreement, and answered questions regarding the costs associated with such. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98 -170 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller. Nays: Council Member Lien. Absent: None. RES. 98-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (27) Police Captain Robert Curtis stated that the contract has been renewed annually since 1990 and answered questions regarding the awarding of the contract. 17 6/15/1998 Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-171 was adopted by the following vote: Ayes: Council Members Estrada, Schnetz, Devlin, Anderson, Miller. Nays: Council Members Lien, Arias. Absent: None. RES. 98-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (28) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-172 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. BUDGET AMENDMENT - FISCAL YEAR 1997/98 - INCREASE $13,600 - ASSET FORFEITURE FUND - CELLULAR TELEPHONE SERVICES (29) Lee Dean, Chief of Police, submitted a staff report dated June 8, 1998, concerning a budget amendment to fund the increased costs associated with cellular telephone services. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1997/98 budget to reflect a $13,600 increase in the asset forfeiture budget to cover increased costs for cellular telephone services. RES. 98-173 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $14,300.00 FOR THE FISCAL YEAR 1998/99. (Continued from June 1, 1998) (30) Bernard Kersey, General Manager of the Water Department, answered questions regarding the assessment and explained that they are assuming debt which already existed. Council Member Miller made a motion, seconded by Council Member Lien, that said resolution be adopted. 18 6/15/1998 Resolution No. 98-173 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN BLOCKBUSTER PAVILION. (Discussed earlier in the meeting - page 13) (12) Council Member Devlin made a motion, seconded Member Miller, and unanimously carried, that the continued to the Mayor and Council meeting of July 6, by Council matter be 1998. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1 & 25) At 10: 45 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Robert Ramirez vs. Ci tv of San Bernardino - Workers' Compensation Appeals Board Case No. SBR 192570; City of San Bernardino Hotel/Motel Association vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 46722; In Re the Estate of Larry Nash - San Bernardino Superior Court Case No. SPR 56637 (Desert Region) convenient; Michael Shayne Lawhon. Maintenance Co.. et al. Case No. SCV 25826; et al. vs. California Pavement - San Bernardino Superior Court Teresa D. Anava vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 42353; People of the Anderson (AKA Superior Court State of Cali fornia vs. Careel Denovia Foy) Case No. SCV 47457; Carell Denovia San Bernardino Anthonv Banks vs. Citv of San Bernardino - United States District Court Case No. CV 95-3656; Anthonv Banks vs. City of San Bernardino. et al. - United States District Court Case No. CV 98-4001 CM (RC); 19 6/15/1998 Ci tv of San Bernardino vs. Ione Carey. et al. San Bernardino Superior Court Case No. SCV 35991; Lechon Chambers vs. City of San Bernardino. et al. United States District Court Case No. EDCV 96-284; James C. Clark vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 40674; Robyn Courtney vs. Citv of San Bernardino. et al. - San Bernardino Municipal Court Case No. 45022; Lawrence Crain vs. City of San Bernardino, et al. United States District Court Case No. CV 97-5227 SVW (CWx) ; Brian S. Deam vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 41377; Shirley J. Goodwin vs. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT (VAPx) ; ci tv of San Bernardino vs. David Green, et al. - San Bernardino Superior Court Case No. SCV 35993; - Citv of San Bernardino vs. Emilio Hernandez, et al. - San Bernardino Superior Court Case No. SCV 42264; Andrew Hernandez, a minor, vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 36341; Howard Contractinq, Bernardino, et al. - No. SCV 39468; Inc., etc., vs. City of San San Bernardino Superior Court Case Richard Jimenez, et al. vs. City of San Bernardino, et al. - United States District Court Case No. CV 97-0086 RT (RC) ; Richard Jimenez. et al. vs. Citv of San Bernardino, et al. - United States District Court Case No. CV 97-0157 RT (VAPx) ; Rose Mihata vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467; Bertha Morana vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 39012; Mark Olson vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 42981; 20 6/15/1998 B. City of San Bernardino VB. Weldon Paqe - San Bernardino Superior Court Case No. SCV 35981; Edward Powe vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 36830; Kathryn N. Rasche vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 47732; Victor Huqo Bernardino. No. 36595; L. Realsola. et al. vs. City of San et al. - San Bernardino Municipal Court Case Kathleen Reynolds vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33562; Deborah Richter vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 45876; Richard A. Rister vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 30482; Randy Schlosser vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 20993; City of San Bernardino vs. John Schmitz - San Bernardino Superior Court Case No. SCV 35978; City of San Bernardino vs. Shininq Star Marketinq. Inc. - San Bernardino Municipal Court Case No. 44297; Citv of San Department of Court Case No. Bernardino vs. State of California. Mental Health - San Bernardino Superior SCV 36995; Alda Mirta Varqas. et al. vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 42051; Alda Mirta Varqas. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 97-9547 MRP (RZx); Thomas Williams. et al. vs. citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33078. Conference with legal counsel significant exposure to subdivision (b) (1) & (3) (A) 54956.9: one. - anticipated litigation - litigation pursuant to of Government Code Section 21 6/15/1998 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 matter pursuant to Government Code Section 54957. CLOSED SESSION At 10:45 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Arias, Devlin, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Lien, Schnetz, Anderson. Also present: Senior Assistant City Attorney Simmons and Deputy City Attorney Murad. COUNCIL MEMBERS LIEN & ANDERSON ARRIVED At 10:48 a.m., Council Members Lien and Anderson arrived at the closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 10:49 a.m., Council Member Schnetz arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 11:05 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION/RECESS MEETING At 11:12 a.m., the closed session adjourned, and Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:03 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, Deputy City Clerk Hartzel, Development Director Winkler. Absent: None. 22 6/15/1998 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: 03 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. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter UR" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. 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 and supplemental agendas 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. THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) CAMP FIRE & SAN BERNARDINO SEXUAL ASSAULT SERVICES - CAPITAL IMPROVEMENTS - REHABILITATION (RS1) Ronald Winkler, Development Director, submitted a staff report dated June 11, 1998, concerning the acceptance of the Camp Fire and San Bernardino Sexual Assault Services projects as part of the Consolidated Plan. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated Plan and authorize and direct the execution of Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agencies. 23 6/15/1998 RES. 98-174 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CHILDREN'S CENTER OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO (PROJECT NO. 96-223) . (RS2) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98 -174 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:12 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. DOWNTOWN CINEMA PROJECT - LOAN GUARANTEE ASSISTANCE - $7,000,000 - SECTION 108 - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - CINEMA STAR MULTI- PLEX THEATER - CENTRAL CITY NORTH REDEVELOPMENT PROJECT - METROPOLITAN DEVELOPMENT (RS4) Ronald Winkler, Development Director, submitted a staff report dated June 12, 1998, concerning the downtown cinema project. Director Winkler provided a synopsis of the action taken for the cinema financing and answered questions regarding the loan approval by GMAC Mortgage. Rex Swanson, Metropolitan Development, answered questions concerning the loan procedures established by GMAC Mortgage. City Attorney Penman submitted a dated June 15, 1998 addressing the financing for the cinema project. memorandum into the record concerns of the proposed Frank Moreno, CinemaStar Luxury Theaters, Inc., answered questions relative to the loan guarantees. RES. 98-175 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C. SECTION 5308 (CDBG SECTION 108 CONTRACT NO. B-96-MC-06-0539) FOR THE CINEMA STAR MULTI- PLEX THEATER PROJECT (CENTRAL CITY NORTH REDEVELOPMENT PROJECT) . (RS4) 24 6/15/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued. Council Member Anderson removed her second, and the motion failed for lack of a second. A discussion ensued regarding the loan guarantees, personal financial statements and GMAC Mortgage loan approval. Rex Swanson answered questions concerning the problems which could arise if the city did not approve the matter today and the GMAC Mortgage loan process. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted contingent upon receipt of the loan guarantee, personal financial statements and GMAC Mortgage loan approval. A discussion was held relative to the various aspects of the Disposition and Development Agreement, lease agreement and the requirements imposed by the city. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be adopted contingent upon approval of the pertinent documents by City Attorney Penman and Economic Development Agency Special Counsel Sabo. James Mulvihill, League of Women Voters, 568 N. #150, San Bernardino, CA, voiced concern because studies were poorly conducted. Mountain View he felt the The following individuals expressed construction of the cinema complex: support for the Greg Brittain, Bernardino, CA. 330 North "D" Street, Suite 300, San Dave Delille, Marketing Director, Carousel Mall, 295 Carousel Mall, San Bernardino, CA. The substitute motion carried and Resolution No. 98-175 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Miller. Nays: Council Members Lien, Anderson. Absent: None. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - pages 1 & 19) (1, R7 & RS5) At 3:23 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 25 6/15/1998 Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Robert Ramirez vs. City of San Bernardino - Workers' Compensation Appeals Board Case No. SBR 192570; City of San Bernardino Hotel/Motel Association vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 46722; In Re the Estate of Larry Nash - San Bernardino Superior Court Case No. SPR 56637 (Desert Region) convenient; Michael Shavne Lawhon. Maintenance Co.. et al. Case No. SCV 25826; et al. vs. California Pavement - San Bernardino Superior Court Teresa D. Anava vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 42353; People of the Anderson (AKA Superior Court State of California vs. Careel Denovia Fov) Case No. SCV 47457; Carell Denovia San Bernardino Anthony Banks vs. City of San Bernardino - United States District Court Case No. CV 95-3656; Anthony Banks vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 98-4001 CM (RC); Citv of San Bernardino vs. Ione Carey. et al. San Bernardino Superior Court Case No. SCV 35991; Lechon Chambers vs. City of San Bernardino. et al. united States District Court Case No. EDCV 96-284; James C. Clark vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 40674; Robyn Courtnev vs. City of San Bernardino. et al. - San Bernardino Municipal Court Case No. 45022; Lawrence Crain vs. Ci tv of San Bernardino. et al. united States District Court Case No. CV 97-5227 SVW (CWx) ; Brian S. Deam vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 41377; 26 6/15/1998 Shirley J. Goodwin vs. City of United States District Court (VAPx) ; San Bernardino, et al. - Case No. EDCV 98-66 RT Ci ty of San Bernardino vs. David Green. et al. - San Bernardino Superior Court Case No. SCV 35993; Citv of San Bernardino vs. Emilio Hernandez, et al. - San Bernardino Superior Court Case No. SCV 42264; Andrew Hernandez, a minor, vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 36341; Howard Contractina. Inc., etc., vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 39468; Richard Jimenez, et al. vs. Citv of San Bernardino, et al. - United States District Court Case No. CV 97-0086 RT (RC) ; Richard Jimenez, et al. vs. Citv of San Bernardino, et al. - United States District Court Case No. CV 97-0157 RT (VAPx) ; Rose Mihata vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467; Bertha Morana vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 39012; Mark Olson vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 42981; City of San Bernardino vs. Weldon Paae - San Bernardino Superior Court Case No. SCV 35981; Edward Powe vs. Ci tv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 36830; Kathryn N. Rasche vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 47732; Victor Huao L. Realsola, et al. vs. Citv of San Bernardino, et al. - San Bernardino Municipal Court Case No. 36595; Kathleen Reynolds vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 33562; Deborah Richter vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 45876; 27 6/15/1998 Richard A. Rister vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 30482; Randv Schlosser vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 20993; Citv of San Bernardino vs. John Schmitz - San Bernardino Superior Court Case No. SCV 35978; City of San Bernardino vs. Shininq Star Marketinq. Inc. - San Bernardino Municipal Court Case No. 44297; citv of San Department of Court Case No. Bernardino vs. Mental Heal th - SCV 36995; State of California, San Bernardino Superior Alda Mirta Varqas, et al. vs. citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 42051; Alda Mirta Varqas, et al. vs. Citv of San Bernardino, et al. - United States District Court Case No. CV 97-9547 MRP (RZx); Thomas Williams, et al. vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 33078. B. Conference with legal counsel significant exposure to subdivision (b) (1) & (3) (A) 54956.9: one. - anticipated litigation - litigation pursuant to of Government Code Section 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 matter pursuant to Government Code Section 54957. CLOSED SESSION At 3:23 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller; Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Lien, City Attorney Penman. Also present: Development Director Winkler. 28 6/15/1998 COUNCIL MEMBER At 3: 32 p. m. , session. LIEN ARRIVED Council Member Lien arrived at the closed CITY ATTORNEY PENMAN ARRIVED At 3: 33 p. m., City Attorney Penman arrived at the closed session, COUNCIL MEMBER ARIAS EXCUSED At 4:32 p.m., Council Member Arias left the closed session. ADJOURN CLOSED SESSION/MEETING (31) At 4:35 p.m., the closed session and joint regular meeting adjourned. The next regular meeting of the Mayor and Council and Community Development Commission will be held on Monday, July 6, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~.a~~ ," d ~ -. uzanna Cordova Deputy Clty Clerk No. of Items: 35 No. of Hours: 5.5 29 6/15/1998