HomeMy WebLinkAbout09-08-1998 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 8, 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 8:11 a.m., Tuesday, September 8,
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, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Estrada, Arias,
Devlin.
City Attorney Penman announced a
Stubblefield case number from E009749 to
following two additional cases would be
session:
correction to the
E020341 and that the
discussed in closed
Richard Rister, et al. vs. Ok Soo Kim, et al. - San Bernardino
Superior Court Case No. SCV 30482;
Uriel Varqas, et al. vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 36730.
RECESS MEETING - CLOSED SESSION
meeting - pages 8 & 27)
At. 8:11 a.m., the Mayor and
Development Commission recessed
following:
(Discussed later
in the
(1)
Community
for the
Common Council and
to closed session
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Edward Powe vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 36830;
Lechon Chambers vs. Citv of San Bernardino United
States District Court Case No. EDCV 96-284 RT (VAPx);
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9/8/1998
Richard Jimenez vs. Citv of San Bernardino United
St.ates District Court Case No. EDCV 97-0157 RT (VAPx);
Kathleen Revnolds vs. Citv of San Bernardino, et al.
San Bernardino Superior Court Case No. SCV 33562;
St.ate of California ex rel. Stull vs. Bank of America
NT&SA - San Francisco Superior Court Case No. 968-484;
St.ubblefield Construction Companv vs. Citv of San
Bernardino - Fourth District Court of Appeals Case No.
E020341;
Robert La Chausse - Workers' Compensation Case No. SBR
279051 (Settlement Request);
Ari Miller vs. Economic Development Aqencv of the Citv of
San Bernardino - San Bernardino Superior Court Case No.
SCV 32971.
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.
E. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
Property Address:
9th & Del Rosa
Negotiating Parties:
Tim Hefler, State General
Services Administration; Ronald
E. Winkler on behalf of the
Economic Development Agency
Under Negotiation:
Price, terms of payment
disposition
&
CLOSED SESSION
At 8:11 a.m., Mayor Valles called the closed session to order
in the conference room of the Council Chambers of City Hall.
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9/8/1998
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Lien, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Estrada, Arias,
Devlin.
Also present: Senior Assistant City Attorneys Carlyle and
Simmons, Deputy Cit.y Attorneys Coleman, Easland, Empeno, Murad, and
Edna Anderson, Administ.rative Operations Supervisor, City
Attorney's Office; and Special Counsel Christopher Lockwood of
Lewis, D'Amato, Brisbois & Bisgaard LLP, 650 East Hospitality Lane,
#600, San Bernardino, CA.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hart.zel read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and Community Development
Commission/San Bernardino Joint Powers Financing Authority/San
Bernardino Park Acquisit.ion Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority while the
Mayor and Council and Community Development Commission were in
closed session.
DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL LOCKWOOD
EXCUSED
At 8:20 a.m., Deputy City Attorney Empeno and Special Counsel
Lockwood left closed session.
DIRECTOR OF HUMAN RESOURCES RAYA & SPECIAL COUNSEL JOE
HOLCOMBE ARRIVED
At 8:20 a.m., Director of Human Resources Raya and Special
Counsel Holcombe of Bolson Kuntz & Serembe, 600 North Arrowhead
Avenue, San Bernardino, CA, arrived at closed session.
DIRECTOR OF HUMAN RESOURCES
HOLCOMBE EXCUSED
At 8:24 a.m., Director
Counsel Holcombe left closed
RAYA
&
SPECIAL
COUNSEL
of Human Resources Raya and Special
session.
COUNCIL MEMBER ESTRADA ARRIVED
At 8:26 a.m., Council Member Estrada arrived at closed
session.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 8:29 a.m. I Deputy City Attorney Easland left closed
session.
DEPUTY CITY ATTORNEY COLEMAN EXCUSED
At 8:31 a.m. I Deputy City Attorney Coleman left closed
session.
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9/8/1998
DEPUTY CITY ATTORNEY MURAD EXCUSED
At 8:39 a.m., Deputy City Attorney Murad left closed session.
DEPUTY CITY ATTORNEY COLEMAN RETURNED
At 8:42 a.m., Deputy City Attorney Coleman returned to closed
session.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED
At 8:45 a.m., Senior Assistant City Attorney Simmons left
closed session.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS RETURNED
At 8:48 a.m., Senior Assistant City Attorney Simmons returned
t.o closed session.
ADJOURN CLOSED SESSION
At 9: 03 a. m., the closed session adj ourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 9:07 a.m., Mayor Valles reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien,
Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Council Members Arias, Devlin.
INVOCATION
The invocation
Associate Minister of
was given by Reverend Kenneth Woodard,
New Hope Missionary Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Schnetz.
APPOINTMENTS - HUMAN RELATIONS COMMISSION - COMMUNITY
TELEVISION COMMISSION - COUNCIL MEMBER ANDERSON (2)
Mayor Valles submitted staff reports dated August 31, 1998,
recommending the appointments of Maxine Barnett to t.he Human
Relations Commission and Stewart Cumming to the Community
Television Commission, as requested by Council Member Anderson.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the appointments of
Maxine Barnett to the Human Relations Commission and Stewart
Cumming to the Community Television Commission, as requested by
Council Member Anderson, be approved.
The appointees accept.ed their cert.ificates of appointment.
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9/8/1998
PRESENTATION/RECOGNITION
WINNERS
LOCAL
SOAP
BOX
DERBY
(3)
Teri Rubi , Executive Assistant to the Mayor, introduced
Stewart Patterson and John James, Jr., winners of the Super Stock
Division and Stock Division, respectively, of the San Bernardino
Soap Box Derby, who went on to represent San Bernardino in Ohio.
Stewart and John came forward and presented Mayor Valles with
a token of appreciation in return.
PRESENTATION - HISPANIC HERITAGE MONTH - ORGANIZERS OF
"THE SALUTE TO THE ROUTE 66 EVENT" (3)
In recognition of Hispanic Heritage Month, Mayor Valles
presented resolutions of recognition to the following individuals
for their work in organizing "The Salute to the Route 66 Event",
which will take place at Nunez Park on Saturday, September 19:
Danny Flores, Art Serrano, Louie Barrera, Angel Cabral, and Danny
Rivas.
Council Member Estrada thanked Danny Flores and the others for
their hard work and stated that she want.ed the public to know that
the "Salute to the Route" was part of the overall Route 66 event.
She stated that there would be a car and bike show at Nunez Park,
with a Poker Run from Court and "E" Streets to the park.
PRESENTATION TO CITY $5,000
LONGVILLE - RESTORATION OF CLOCK
RIALTO MAYOR JOHN
(3)
John Longville, Mayor of the City of Rialto, presented a check
in the amount of $5,000 to Mayor Valles to be used in the
restoration of the clock in downtown San Bernardino.
Mayor Valles thanked Mr. Longville for his contribution and
clarified for the public that it was a former City employee by the
name of Bob Clark and not the Quakes Baseball Team who had made the
$1,000 donation mentioned in the newspaper. She noted that a trust
fund had been set up to not only repair the clock, but to keep it
ticking as well, and many donations had been received from local
citizens.
Mr. Longville thanked the City of San Bernardino for the
wonderful relationship between the two cities and noted that the
money was coming from his campaign funds.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson announced the dedication of the new
Mindy Flores playground at the 14th Street/Mt. Vernon Avenue park,
to be held at 2:00 p.m. on September 26. The playground was
constructed in memory of Mindy Flores, who was killed in a drive-by
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9/8/1998
shooting while coloring in her living room. The new area will
include a walkway made of red bricks, which citizens can purchase
for $25 each and on which can be printed the name of a loved one
who died or was killed by an act of violence. Mrs. Anderson
thanked Westside Wally, Norm Johnson of Fourth Street Rock Crusher,
and all the local residents who donated time and materials towards
this project.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien stated that she had recently met with
Second Ward constituents regarding upcoming agenda items, and she
had decided to make herself available in the Council Offices at
4: 00 p. m. on the Fridays prior to Council meetings for this
purpose.
ANNOUNCEMENTS - MAYOR VALLES
(4)
The Mayor noted that Council Member Devlin was in Ireland on
vacation, and that Council Member Arias had a personal emergency,
but. would try to be present in the afternoon.
Mayor Valles stated that a member of her Business Advisory
Council had suggested that a good time for sharing community
comments with t.he citizens would be prior to the Council meeting,
and she had several announcements, as follows:
The Mayor extended heartfelt. sympathy to the family of former
councilman and community leader Robert Henley, who recently passed
away, and asked for a moment of silence in his memory.
She stated that the Police Department had recently announced
significant reductions in crime rates in San Bernardino since 1997,
as follows: grand theft auto decreased by 36%, robberies decreased
by 30%; violent crimes decreased by 21% and property crimes
decreased by 17%. She announced that the Police Department had
recently received a "Distressed Neighborhood Grant", which would
add eight police officers for the next three years.
Mayor Valles stated that over 200 calls had been received from
citizens who had read the August 19 article in the Los Angeles
Times entitled, "COMEBACK CITY - SAN BERNARDINO RENEWAL PLAN MAY
OFFER LESSONS IN GROWTH" signaling a renewed interest in the
rebirth of San Bernardino.
She announced that the City of San Bernardino had won two
coveted Helen Putnam Awards awarded by the League of California
Cities. The first award was in the category of Community and
Internet networks for the "Electronic Quote System Utilization",
which is basically a paperless quote system. The City was the
first agency in the State of California to award a bid on-line. The
second award was in the category of Economic and Community
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9/8/1998
Development, and the City won for its "Acquisition, Rehabilitation
and Resale (ARR) Program, which provides affordable home ownership
in San Bernardino.
The Mayor commended John Murphy, Purchasing Manager, the
Economic Development Agency, and the private contractors involved
with the ARR Program for the outstanding work they are doing in
their areas.
Mayor Valles announced the names 0: those citizens serving on
the Mayor's Business Advisory Council.
She congratulated Debbie Cochrane of Inland Flowers and
Hospitality for Better Business Association for organizing "Good
Neighbor Day" and providing 6,000 free roses for distribution
throughout the city and thanked the sponsors who made this event
possible.
The Mayor announced that the City's Refuse Division would be
sponsoring a "Free Dump Day" on Saturday, September 19, between
8:00 and 11:00 a.m. at the Orange Show grounds at Mill Street and
Arrowhead Avenue.
Mayor Valles stated that Western Regional Little League
Director Carl Magee was still waiting for a heart transplant, and
asked the viewing audience to keep him in their prayers.
She noted that two weeks ago Rosemary Allen, an employee in
the City Clerk's Office and a native of Scotland, was one of 18,000
people to become citizens of the (Jnited States. Rosemary
immediately registered to vote, and the Mayor reminded everyone
that October 5 is the deadline to register to vote in the upcoming
November election.
The Mayor reminded everyone that San Bernardino's premier and
award-winning event, the Route 66 Rendezvous, begins on Thursday,
September 17 and continues through Sunday, September 20. She
announced that. volunteers were still needed for the big event.
She stated that plans oontinue
revitalization of the Santa Fe Depot.,
volunteer to work on this project should
Mayor's Office at. 384-5051.
to
and
call
formulate for the
anyone wanting to
Donna Cooley of the
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark wished her mother, Angie Mendoza, a happy
81st birthday, which she was celebrating today.
7 9/8/1998
CLOSED SESSION ANNOUNCEMENT (Discussed earlier & later in
the meeting - pages 1 & 27) (1)
City Attorney Penman announced that the following case was
discussed in closed session:
People of the St.ate of California vs. William H. Cooper -
San Bernardino Superior Court Case No. SCV 49063.
PUBLIC COMMENTS - PAM BAILEY-SHIMIZU
(5)
Pam Bailey-Shimizu, 25220 East 17~h Street, San Bernardino,
CA, a candidate running in the Municipal Water District election,
expressed concern that a project of the magnitude of the proposed
lake in San Bernardino did not need voter approval.
PUBLIC COMMENTS - JOHN HILLMAN
(5)
John Hillman, 3171 Windsor Drive, San Bernardino, CA, stated
that San Bernardino needs t.o be pro-active against adult clubs and
lend a hand to Highland in their fight against such establishments.
PUBLIC COMMENTS - MIKE OLDEN
(5)
Mike Olden, 359 West 8th Street #F, San Bernardino, CA,
commended Cassie MacDuff, a columnist with the San Bernardino
County Sun, for her article on gadflies. He noted that a gadfly is
a participating citizen--and participat.ion is an integral part of
democracy.
PUBLIC COMMENTS - JUNE STARSHINE
(5)
June Starshine, PO Box 204, Crestline, CA, announced the 2nd
annual "Bridges of Love Poetry Festival" sponsored by the Chaparral
Poets, to be held Saturday, October 17, 1998, from 1:00-5:00 p.m.
at the Feldheym Library. Tickets cost $3.50 and can be obtained by
calling (909) 338-3462.
PUBLIC COMMENTS - GIL NAVARRO
(5)
Gil Navarro, 985 West Kendall Drive #A357, San Bernardino, CA,
stated he is a member of the Mt. Vernon Avenue Pride Association,
which is working to help residents organize and to instill
commitment and pride in their community.
PUBLIC COMMENTS - DONNA CONANT
(5)
Donna Conant, 26245 E. Base Line #56, Highland, CA, a teacher
at Cajon High School, commented on the activities of the Key Club,
stating that they would be holding a fashion show on Saturday,
September 12, at Court Street Square from 6:30-8:30 p.m., using
clothing from the Goodwill Industries.
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9/8/1998
PUBLIC COMMENTS - ROBERT NEVES
(5)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
submitted into the record and read a letter dated September 8,
1998, wherein he requested a report "on the street rehabilitation
projects performed since March 1998" including both slurry-seal and
major rehabilitation projects.
PUBLIC COMMENTS - RICHARD RICE
(5)
Richard Rice, 355 South Stoddard Avenue, San Bernardino, CA,
suggested that the "lake project" and the multi-screen theater
project both be reviewed by people with real expertise who would
get real results.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Miller made a mot.ion, 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/Community Development Commission be
waived.
COUNCIL MINUTES
(7)
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council/Community
Development Commission of the City of San Bernardino be approved as
submitted in typewritten form: July 20, 1998; August 3, 1998;
August 11, 1998.
CLAIMS & PAYROLL
(8)
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the claims and
payroll and t.he authorization to issue warrants as listed on the
memorandum dated September 1, 1998, from Barbara Pachon, Director
of Finance, be approved.
RES. 98-250
CALIFORNIA,
PROPOSITION
- RESOLUTION OF THE CITY
OPPOSING THE 1998
(PROPOSITION 9) .
OF SAN BERNARDINO,
ELECTRIC UTILITY
(10)
Council Member Miller made a mot.ion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-250 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller.
Nays: None. Absent: Council Members Arias, Devlin.
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9/8/1998
RES. 98-251 - 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) (12)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted; and that the City
Clerk be directed to administratively Lemove any properties from
Exhibit A which have been paid.
The motion carried, and Resolution No. 98-251 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, Schnetz,
Anderson, Miller. Nays: None. Absent: Council Members Arias,
Devlin.
RES. 98-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (Weed Abatements) (13)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Ayes:
Nays:
Resolution No. 98-252 was adopted by the following vote:
Council Members Estrada, Lien, Schnetz, Anderson, Miller.
None. Absent: Council Members Arias, Devlin.
RES. 98-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES
PRICE OF $1,350.00 AND DECLARING THE INTENTION OF THE
CITY TO SELL A PORTION OF PROPERTY LOCATED AT 1350 SOUTH
HE" STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND SETTING A
PUBLIC HEARING TO CONSIDER SAID SALE. (14)
Council Member Miller made a motion, seconded by Council
Member Anderson, that the Director of Development Services and the
City Clerk be authorized to proceed with the sale of a portion of
City-owned property located at 1350 South "E" St.reet to the San
Bernardino Valley Water District; and that said resolution be
adopted.
The motion carried, and Resolutior: No. 98-253
the following vote: Ayes: Council Members Estrada,
Anderson, Miller. Nays: None. Absent: Council
Devlin.
was adopted by
Lien, Schnetz,
Members Arias,
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9/8/1998
RES. 98-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO MORTON INTERNATIONAL FOR THE
FURNISHING AND DELIVERY OF TRAFFIC PAINT AND SUPPLIES.
(15)
council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-254 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller.
Nays: None. Absent: Council Members Arias, Devlin.
PERSONNEL ACTIONS
(9)
The Council discussed the selection process and the budgetary
plan to leave positions vacant for an extended period of time in
order to realize savings from the vacancy factor.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel actions
as submitted by the Chief Examiner dated September 2, 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.
ORD. MC-1027 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING PORTIONS OF TITLES 2, 3, 5, 8, 9, 10, 12, 13, 15
AND 16 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
THE CONSOLIDATION OF THE PERSONNEL DEPARTMENT AND RISK
MANAGEMENT, AND THE DEPARTMENTS OF PLANNING AND BUILDING
SERVICES AND PUBLIC WORKS, AND REPEALING SECTION
9.90.010(C). Final (11)
Council Member Estrada requested an organization chart of the
new Development Services Department.
City Administrator Wilson stated that one would be included in
the new budget document coming out in the near future.
Council Member Estrada made a motion, seconded by Council
Member Schnetz, t.hat said ordinance be adopted.
Ordinance No. MC-I027 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller.
Nays: None. Absent: Council Members Arias, Devlin.
RES. 98-255 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
LEASE BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE
CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND
CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S").
(16)
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9/8/1998
council Member Estrada made a mo:::ion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolut.ion No. 98-255 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller.
Nays: None. Absent: Council Members Arias, Devlin.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FIRE DEPARTMENT TO PROVIDE A CONSOLIDATION
POINT FOR SHARPS COLLECTION AND PERFORM HOME PICK UP
SERVICES OF SHARPS. (17)
Note: Backup material was not distributed and will not be
available for reference.
City Administrator Wilson stated t.hat the agreement had not
been finalized and requested that this item be continued for two
weeks.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carl"ied, that the matter be
continued to the Mayor and Council meeting of September 21, 1998,
in the Council Chambers of City Hall.
AUTHORIZE ESTABLISHMENT - FOOD SERVICE DELIVERY PERSON
POSITION - PARKS, RECREATION & COMMUNITY SERVICES (18)
Edward Raya, Director of Human Resources, submitted a staff
report dated August 18, 1998, regarding the establishment of a Food
Service Delivery Person classification.
Council Member Miller made a motion, seconded by Council
Member Estrada, and unanimously carried, that two (2) positions of
Food Service Delivery Person be established at the beginning hourly
rate of $6 .11/hour; and that the Human Resources Department be
directed to update Resolution 6413, Section 13, to reflect this
particular action.
AUTHORIZE SALARY ADJUSTMENT ANIMAL LICENSE
POSITION - ANIMAL CONTROL DEPARTMENT
CHECKER
(19)
Edward Raya, Director of Human Resources,
report dated August 18, 1998, regarding a salary
position of Animal License Checker.
submitted a staff
adjustment for the
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the hourly rate for
the position of Animal License Checker be upgraded from $6.00/hour
to $7.50/hour; and that the Human Resources Department be
authorized to amend Resolution 6413, Section 13, to reflect this
particular action.
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9/8/1998
RECESS MEETING
At 10:34 a.m., Mayor Valles declared a ten-minute recess.
RECONVENE MEETING
At 10:47 a.m., Mayor Valles reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien,
Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark,
Ci ty Administrator Wilson. Absent: Council Members Arias, Devlin.
PUBLIC HEARING - CREATE UNDERGROUND UTILITY DISTRICT NO.
26 - MILL STREET, BETWEEN LENA ROAD & TIPPECANOE AVENUE -
LENA ROAD BETWEEN MILL STREET & TENNIS COURT LANE
TIPPECANOE AVENUE BETWEEN CENTRAL AVENUE AND BENEDICT
ROAD (20)
Michael Hays, Director of Development Services, submitted a
staff report dated August 11, 1998, regarding the creation of
Underground Utility District No. 26.
Mayor Valles opened the hearing.
Director Hays explained that Edison money would be used to
underground the utilities and property owners would be required to
complete the undergrounding from their property lines to the
service points at their own cost. No City funds would be required.
No public comments were received, and Director Hays stated
that he had not heard from any of the property owners affected by
the creation of said utility district.
Council Member Schnetz stat.ed that he would abstain from
voting on the matter because he had an interest in one of the
pieces of property.
RES. 98-256 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND
UTILITY DISTRICT NO. 26, GENERALLY LOCATED ALONG PORTIONS
OF MILL STREET, BETWEEN LENA ROAD AND TIPPECANOE AVENUE,
LENA ROAD BETWEEN MILL STREET AND TENNIS COURT LANE AND
TIPPECANOE AVENUE BETWEEN CENTRAL AVENUE AND BENEDICT
ROAD. (20)
Council Member Anderson made a motion, seconded by Council
Member Miller, that the hearing relative to the formation of
Underground Utilit.y District No. 26 be closed, and protests, if
any, be overruled; and that said resolution be adopted.
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9/8/1998
The motion carried, and Resolution No. 98-256 was adopted by
the following vote: Ayes: Council Members Estrada Lien
, ' ,
Anderson, Mlller. Nays: None. Abstain: Council Member Schnetz.
Absent: Council Members Arias, Devlin.
PUBLIC HEARING - PROPOSED INCREASES - CEMETERY FEES -
PARKS, RECREATION & COMMUNITY SERVICES (21)
Annie Ramos, Director of Parks,
Services, submitted a staff report dated
the proposed cemetery fee increases.
Recreation and Community
August 20, 1998, regarding
Mayor Valles opened the hearing.
Director Ramos not.ed that the cemetery incurs a $30,000
deficit per year. She stated that the City had considered selling
the cemetery, but this did not happen; therefore, staff had been
instructed to look at cost-saving options.
No public comments were received.
CITY ATTORNEY PENMAN EXCUSED
At 10:51 a.m., City Attorney Penman left the meeting and was
replaced by Senior Assistant City Attorney Carlyle.
RES. 98-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO
EXECUTE AMENDMENT NO.1 TO RESOLUTION 98-193, RELATING TO
ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE
CITY OF SAN BERNARDINO, TO ADD PART VII: PIONEER MEMORIAL
CEMETERY AND TO REPEAL RESOLUTION NO. 95-381 AND ALL
SUBSEQUENT AMENDMENTS THERETO. (21)
Council Member Miller
Member Anderson, that the
resolution be adopted.
made a mot.ion, seconded
hearing be closed; and
by Council
that said
The motion carried, and Resolution No. 98-257 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, Schnetz,
Anderson, Miller. Nays: None. Absent: Council Members Arias,
Devlin.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 10: 54 a. m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.30.140 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO ALTERNATE METHODS OF ENFORCEMENT.
First (22)
14
9/8/1998
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO ENFORCEMENT-PENALTY. First (23)
City Attorney Penman stated that Judge Kennedy had agreed to
est.ablish an environmental court which would allow the City to
recover the administrative costs and fees associated with the
enforcement of Sections 8.30.140 and 15.24.060 of the San
Bernardino Municipal Code.
Council Member Miller made
Member Anderson, and unanimously
laid over for final adoption.
a motion, seconded by Council
carried, that said ordinances be
AN ORDINANCE OF THE CITY OF
SECTION 2.40.050 OF THE SAN
RELATING TO POWERS OF MAYOR.
SAN BERNARDINO AMENDING
BERNARDINO MUNICIPAL CODE
First (24)
City Attorney Penman provided background information regarding
said ordinance.
Council Member Miller made
Member Estrada, and unanimously
laid over for final adoption.
a mot:ion, seconded by Council
carried, that said ordinance be
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO
THE ANNUAL CITRUS FAIR. First (25)
City Attorney Penman explained that the Attorney General had
issued an opinion that cities which receive allocations from a
racing association cannot. charge for their services; therefore, the
City's current ordinance was in conflict. with said opinion. He
noted that the City can continue perfo~ming the tasks, but a fee
cannot be charged.
Council Member Miller made
Member Anderson, and unanimously
laid over for final adoption.
a motion, seconded by Council
carried, that said ordinance be
CITY ATTORNEY PENMAN EXCUSED
At 11:05 a.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Empeno.
CITY ADMINISTRATOR WILSON EXCUSED
At 11:05 a.m., City Administrator Wilson left the Council
meeting and was replaced by Development Services Director Hays.
APPEAL HEARING DEVELOPMENT PERMIT II NO.
PROPOSAL TO MODIFY & REUSE AUTO EXPO BUILDING -
NO. 98-04 SETBACKS & SIGNAGE 195 E.
BOULEVARD - JAY GOLISON, GOLISON DEVELOPMENT
15
98-05
VARIANCE
REDLANDS
(35)
9/8/1998
Michael Hays, Director of Development Services, submitted a
staff report dated August 20, 1998, regarding a proposal to modify
and reuse the Auto Expo building located at 195 East Redlands
Boulevard.
Mayor Valles opened the hearing.
Director Hays stated that the project consisted of a proposal
to take an existing building, eliminate 21,700 square feet from the
front portion to construct a parking lot, and remodel the remaining
38,300 square feet for use as a Staples store and another tenant
space.
Mr. Hays added that two appeals had been filed- -one by the
applicant and one by an adjoining property owner. The applicant
was appealing the Planning Commission's denial of his sign variance
requests; and Mr. Mark Vapnik of SHACO, Inc., property manager for
the Club Center located south of the project site, was appealing
the Planning Commission's approval of the project because it does
not. conform to the master plan proposed for the area. (Mr. Hays
noted that said master plan had never been approved by the previous
mayor or council.)
Mr. Hays stated that staff was recommending that both appeals
be denied and that the approvals granted by the Planning Commission
be upheld.
Deputy City Attorney Empeno informed the Council that in order
to approve the sign variances they would have to find that there
were special circumstances unique to t.his property, and it was
staff's belief that there were no such findings that could be made.
He added that approval of the variances would be equivalent to a
use variance, which is not permitted by the City's code.
Jay Golison, Golison Development, 5500 Bolsa Avenue,
Huntington Beach, CA, pointed out that the Auto Expo building has
been vacant for five years and large retailers have begun to pull
out of the area. He stated that this is the only piece of property
along Redlands Boulevard that faces south instead of north; and
added that as far as the signs were concerned, any retailer would
ask for larger signs.
Larry Quiel, Quiel Bros Sign Company, 272 South "I" Street,
San Bernardino, CA, stated that his company had conducted a "flag
test" to determine the height of the sign needed to allow this
business to be able to operate like other businesses.
Mark Vapnik, SHACO, Inc., 333 South Grand Avenue, Los Angeles,
CA, stat.ed that signs as large as those requested by the applicant
would have an adverse affect on surrounding properties and
businesses. Mr. Vapnik submitted a letter dated July 17, 1998,
from william S. Anderson, Vice President/General Counsel, Topa
16
9/8/1998
Equities, Ltd., expressing disappointment that as a surrounding
property owner, no effort was made by Mr. Golison to "alert us to
the Planning Commission meeting affecting our property."
Paul Brown, Quiel Bros Sign Company, spoke regarding the sign
sizes in the area and in support of the project.
Frederick Aladjem, 845 Las Palmas Road, Pasadena, CA, owner of
the adj acent Camping World property, submitted a letter dated
August 31, 1998, and spoke in support of the project, including the
larger signs requested by the applicant.
Discussion ensued regarding what constitutes being in a
Freeway Corridor Overlay District and the signage requirements
imposed by the City's Development Code. The Council inquired as to
what action would be required in order to change or modify the
existing code and allow the sign variances requested by the
applicant.
City Attorney Penman, speaking from the podium, informed the
Council that they could not exceed their own authority, and that
the City's code is very tight relative to signs. He stated that
any action the Council might take to approve the sign variance at
this time would be inviting lawsuits for unequal application of the
law; and that an emergency ordinance must be based on a health or
safety danger or threat.
Michael Hays, Director of Development Services, stated that it
could take several months to enact a change to the code. He noted
that various studies would need to be conducted since these changes
would affect the entire city and not just this particular piece of
property. Also, a public hearing would be required.
Council Member Anderson made a motion that the matter be
referred to the Legislative Review Committee and continued to a
later date.
The motion failed for lack of a second.
Council Member Schnetz made a motion, seconded by Council
Member Lien, that the hearing be closed; that the Mayor and Common
Council deny the two appeals; and uphold the Planning Commission's
decision to approve Development Permit II No. 98-05 and Variance
No. 98-04 and to deny the variance requests to increase sign area
and height, based on the findings of fact, subject to the
conditions of approval and standard requirements as listed in the
staff report dated August 20, 1998, from Michael E. Hays, Director
of Development Services, except that the variance relative to the
east elevation wall sign on the side of the building be approved;
and that staff be directed to develop an ordinance which would
change the signage requirements contained in the current
Development Code. (Note: There was no vote taken.)
17
9/8/1998
City Attorney Penman stated that said action could not be
done; that it would be a violation of the law.
Mr. Golison was agreeable to a suggestion made by the Council
wherein they would approve staff's recommended motion, which would
allow him to proceed with the development of the building; and in
the meantime, staff would investigate what could be done relative
to signage and resolve that issue at a later date.
Council Member Estrada made a substitute motion, seconded by
Council Member Schnetz, and unanimously carried, that the hearing
be closed; that the Mayor and Common Council deny the two appeals;
uphold the Planning Commission's decision to approve Development
Permit II No. 98-05 and Variance No. 98-04; and deny the variance
requests to increase sign area and height based on the findings of
fact, subject to the conditions of approval and standard
requirements as listed in the staff report dated August 20, 1998,
from Michael E. Hays, Director of Development Services.
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that the signage ordinance
be referred to the Legislative Review Committee, the Planning
Commission, the City Attorney's Office, and to all persons directly
involved; with a report to come back to the Mayor and Common
Council in 45 days.
RECESS MEETING
At 12:20 p.m., Mayor Valles recessed the meeting to 2:00 p.m.
in the Council Chambers of City Hall.
RECONVENE MEETING
At 2: 05 p. m., Mayor Valles reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Anderson, Miller; Deputy City Attorney Empeno, City Clerk
Clark, Director of Development Services Hays. Absent: Council
Member Devlin.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 98-03
CONDITIONAL USE PERMIT NO. 98-14 - CHANGE GENERAL PLAN
DESIGNATION TO PCR, PUBLIC COMMERCIAL RECREATION, & CGl,
COMMERCIAL CONSTRUCT GOLF COURSE, DRIVING RANGE,
COMMERCIAL FACILITIES - NORTH & SOUTH OF PATTON STATE
HOSPITAL - SOUTH OF HIGHLAND AVENUE (36)
18
9/8/1998
Michael Hays, Director of Development Services, submitted a
staff report dated August 21, 1998, regarding General Plan
Amendment No. 98-03 and conditional Use Permit No. 98-14 for the
construction of a golf course, driving range, and commercial
facilities north and south of Patton State Hospital.
Valerie Ross, Principal Planner, submitted a memorandum dated
August 26, 1998, addressed to the Mayor and Common Council relative
to "Patton Station" General Plan Amendment No. 98-03 and
Conditional Use Permit No. 98-14.
Mayor Valles opened the hearing.
Director Hays provided an overview of the proposed project,
stating that it would include a golf course located on 73 acres
north of Patton State Hospital and a hotel/commercial/retail center
located on 38 acres south of Patton State Hospital and south of
Highland Avenue. He added that the applicant would be providing
$420,000 of traffic mitigation measures.
Debra Meier, Lilburn Corp., 1905 Business Center Drive, San
Bernardino, CA, representing the applicant, stated that all
previous facilities on the south side :lad been demolished earlier
this year. She noted that the only vehlcular traffic to the north
would be that of maintenance personnel, with significant off site
improvements to the southern location.
Ms. Meier noted that there were three site-specific issues of
concern--the setbacks and protective netting alignment along the
west side of Central Avenue adjacent to the driving range (south
site), the treatment of the existing drainage easement and channel
along the north property boundary (north site), and improvements to
the proposed cemetery--which were being addressed by the developer.
william Ullman, California Golf Holdings, PO Box 458, Patton,
CA, answered questions regarding the proposed project.
Council Member Schnetz commended staff for their quick turn-
around of this project. He stated that it solves numerous problems
in the neighborhood such as security, drainage, and blight; and
that he wholeheartedly endorses the project.
No comments were received from the public.
RES. 98-258 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 98-03 TO THE GENERAL PLAN OF THE CITY OF
SAN BERNARDINO. (36)
19
9/8/1998
RES. 98-259 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO CERTIFYING THE TRAFFIC
IMPACT ANALYSIS REPORT FOR PATTON STATION, A GOLF COURSE
AND RECREATION/COMMERCIAL DEVELOPMENT (CUP 98-14),
PURSUANT TO THE CONGESTION MANAGEMENT PROGRAM. (36)
Council Member Schnetz made a motion, seconded by Council
Member Anderson, that the hearing be closed; that the Mayor and
Common Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Compliance Program, adopt the resolution
which approves General Plan Amendment No. 98-03, adopt the
resolution which certifies the Traffic Impact Analysis, and approve
Conditional Use Permit No. 98-14 based on the findings of fact and
subject to the conditions of approval and standard requirements as
outlined in the staff report dated August 21, 1998, from Michael E.
Hays, Director of Development Services.
The motion carried, and Resolution Nos. 98-258 and 98-259 were
adopted by the following vote: Ayes: Council Members Estrada,
Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent:
Council Member Devlin.
AUTHORIZE STAFF TO
OPTION TO PURCHASE
STREET - NORTH OF
HOLDINGS
PROCEED - PREPARE GROUND LEASE WITH
PROPERTY - HIGHLAND AVENUE & ORANGE
NORTHWEST CORNER CALIFORNIA GOLF
(37)
Michael Hays, Director of Development Services, submitted a
staff report dated August 18, 1998, regarding authorization for
staff to proceed with the preparation of a ground lease with option
to purchase property with California Golf Holdings for City
property located behind the fire station at the northwest corner of
Highland Avenue and Orange Street.
Deputy City Attorney Empeno informed the
terms of the lease would be brought back to
approval along with the necessary resolution.
Council that the
the Council for
Council Member Anderson made a motion, seconded by Council
Member Schnetz, and unanimously carried, that the Director of
Development Services be authorized to proceed with negotiations
with California Golf Holdings for a 30-year ground lease with the
option to purchase property located north of the northwest corner
of Highland Avenue and Orange Street.
DEVELOPMENT SERVICES DIRECTOR HAYS EXCUSED
At 2 :28 p.m., Development Services Director Hays left the
Council meeting and was replaced by Economic Development Agency
Executive Director Van Osdel.
20
9/8/1998
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:30 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by Senior Assistant City Attorney Carlyle
and Special Counsel Sabo.
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: 30 p. m., Chairwoman Valles called the j oint 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.
PUBLIC HEARING - SALE OF PROPERTY - NORTHWEST CORNER -
WATERMAN AVENUE & BARTON ROAD - TO JMS WATERMAN, LLC
(R38)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a staff report dated August 24, 1998, regarding
the sale of Agency owned property at the northwest corner of
Waterman Avenue and Barton Road to JMS Waterman, LLC.
Mayor Valles opened the hearing.
Executive Director Van Osdel stated that the sale price of
$765,000 was consistent with market value.
No public comments were received.
RES. 98-260 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF
PROPERTY ON THE NORTHWEST CORNER OF WATERMAN AVENUE AND
BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO TO JMS WATERMAN, LLC. (R38)
RES. 5553 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE
SALE OF PROPERTY ON THE NORTHWEST CORNER OF WATERMAN
AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. (R38)
Council Member Anderson made a motion, seconded by Council
Member Arias, that the hearing be closed; and that said resolutions
be adopted.
21
9/8/1998
The motion carried, and Resolution Nos. 98-260 and 5553 were
adopted by the following vote: Ayes: Council Members Estrada,
Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent:
Council Member Devlin.
PUBLIC HEARING - SALE OF PROPERTY - EAST SIDE OF HALLMARK
PARKWAY - DISPOSITION & DEVELOPMENT AGREEMENT - CHARLES
DE COSTA & LOUISE BASHFORD (R39)
Development Director Winkler submltted a staff report dated
August 11, 1998, regarding the sale of Agency-owned property
located on the east side of Hallmark Parkway for $141,500.
Mayor Valles opened the hearing.
Mr. Winkler explained the offer the Agency had received to
purchase and develop said property.
Discussion ensued regarding the original cost of the property,
its current appraised value, and the buyer's agreement to extend
the existing sewer line.
Rick Lazar, representing the developer, stated that it was
their belief that the project would be a big asset to the area.
No public comments were received.
RES. 98-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
CHARLES DE COSTA AND LOUISE BASHFORD. (R39)
RES. 5554 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND CHARLES DE COSTA AND LOUISE BASHFORD.
(R39)
Council Member Schnetz
Member Anderson, that the
resolutions be adopted.
made a motion, seconded by Council
hearing be closed; and that said
The motion carried, and Resolution Nos. 98-261 and 5554 were
adopted by the following vote: Ayes: Council Members Estrada,
Lien, Arias, Schnetz, Anderson, Mille,". Nays: None. Absent:
Council Member Devlin.
22
9/8/1998
CONSOLIDATED PLAN RELATED ITEM AWARD COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE FUNDS -
$45,000 - PROVISIONAL ACCELERATED LEARNING (PAL) CENTER -
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(HUD) (R40)
Ronald Winkler, Development Director, submitted a staff report
dated August 26, 1998, regarding approval of an award of $45,000 in
Communi ty Development Block Grant administrative funds for PAL
Center land acquisition.
Council Member Anderson made a motion, seconded by Council
Member Schnetz, and unanimously carried, that the Community
Development Commission: 1) Approve the award of $45,000 in
Community Development Block Grant administrative funds for
Provisional Accelerated Learning (PAL) Center land acquisition; 2)
Direct staff to prepare an amendment to the City's contract with
the United States Department of Housing and Urban Development (HUD)
for Community Development Block Grant \CDBG) funds to provide for
PAL Center land acquisition; and 3) Authorize the preparation and
execution of a standard agreement with the PAL Center.
AUTHORIZE INCREASE LOAN GUARANTEE ALVAREZ AND
ASSOCIATES - ACQUISITION, REHABILITATION & RESALE (ARR)
PROGRAM - FROM $750,000 TO $1,500,000 - JAIME ALVAREZ
(R41)
Development Director Winkler submitted a staff report dated
August 26, 1998, requesting approval to increase the loan guarantee
provided to Alvarez and Associates under its Acquisition,
Rehabilitation and Resale (ARR) Program.
Mr. Alvarez submitted a
detailed those individuals
Alvarez and Associates.
memo dated September 2, 1998, which
buying the homes rehabilitated by
Gary Van Osdel, Executive Director of the Economic Development
Agency, stated that the ARR Program is one of the most successful
programs the Agency administers.
The following individuals spoke
Associates and their Acquisition,
Program:
in support of Alvarez and
Rehabilitation and Resale
Charles Jones, 1764 North Turrill, San Bernardino, CA.
Ron Reed, 2864 West Etiwanda, San Bernardino, CA.
Council Member Arias made a motion, seconded by Council Member
Estrada, and unanimously carried, that the Community Development
Commission increase the loan guarantee provided to Alvarez and
Associates under its Acquisition, Rehabilitation and Resale (ARR)
contract from $750,000 to $1,500,000.
23
9/8/1998
APPROVE - REQUEST FOR QUALIFICATIONS (RFQ) - ACQUISITION,
REHABILITATION & RESALE (ARR) PROGRAM AUTHORIZE
EXTENSION OF EXISTING ARR AGREEMENTS UNTIL COMPLETION OF
RFQ PROCESS (R42)
Ronald Winkler, Development Director, submitted a staff report
dated August 26, 1998, requesting approval of a Request for
Qualifications (RFQ) for the Acquisition, Rehabilitation and Resale
(ARR) Program and authorization to extend the existing ARR
agreements with the five contractors currently participating in the
program until the RFQ process is complete.
Council Member Arias made a motion, seconded by Council Member
Anderson, and unanimously carried, that the Community Development
Commission approve the Request for Qualifications (RFQ) attached to
the staff report dated August 26, 1998, from Development Director
Winkler and authorize extension of the existing Acquisition,
Rehabilitation and Resale agreements with the current five
contractors until completion of the RFC process.
RES. 98-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION AND SUBMISSION OF AN
APPLICATION FOR URBAN FEDERAL EMPOWERMENT ZONE
DESIGNATION AND OF A NOMINATING LOCAL GOVERNMENT (S)
RESPONSIBILITIES AGREEMENT. (R43)
Executive Director Van Osdel eXplained that Congress would be
awarding another 15 Urban Empowerment Zone Grants, and it was
staff's belief that San Bernardino had a good chance of being
selected. If selected, the City would stand to receive $10 million
per year for ten years, which would overcome many local problems
such as housing, jobs, drug abuse, etc.
Sue Morales, Assistant to the Executive Director, Economic
Development Agency, answered questions regarding how the money
would be allocated throughout the city.
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98-262 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson,
Miller. Nays: None. Absent: Council Member Devlin. (Note:
Council Member Arias registered a "no" vote, but subsequently
requested the City Clerk to change her vote to a "yes.")
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 3:07 p.m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
24
9/8/1998
DISCUSSION & POSSIBLE ACTION MDA-SAN BERNARDINO
ASSOCIATES CINEMA STAR MULTI - PLEX THEATER
SUBORDINATION & INTERCREDITOR AGREEMENT - GMAC-MORTGAGE,
BORROWER & AGENCY (Referenced later in the meeting -
page 29) (R44)
Staff submitted a letter dated August 20, 1998, addressed to
the United States Department of Housing and Urban Development from
Sabo & Green, special counsel for the Economic Development Agency.
City Attorney Penman stated that although a fax had been
received from MDA and Associates, there had been no communication
from GMAC. He stated that both he and Special Counsel Sabo felt
that the language was somewhat vague and were concerned that the
Subordination Agreement contained a "stand-still" provision, which
requires the City to get permission from the lender (GMAC) before
it can exercise certain rights and remedies. He stated that there
was also language stating that before the City could foreclose or
sell under second deed of trust, it would have to get GMAC's
permission.
Mr. Penman noted that there was other troubling language which
stated that GMAC can change any of the terms or provisions of the
loan documents, change the rate of interest, etc. He added that
the City Attorney's Office was not going to sign off on the
Subordination Agreement with the "stand-still" language included,
and that his staff needed to meet with GMAC regarding these
matters. He noted that Rex Swanson of Metropolitan Development had
indicated that GMAC was willing to remove the "stand-still"
language.
Discussion ensued regarding the legal documents and a timeline
for development of the project. Some of the Council Members
questioned why it was taking so long for the project to get
started. Others noted that they, too, had reservations regarding
certain components of the proposed project; and in particular, the
contents of the Subordination and Intercreditor Agreement. The
Council inquired about their legal standing if they chose not to
continue with the project.
Rex Swanson, Metropolitan Development, stated that they had
received a clear title report on August 18, adding that time was of
the essence in getting this development started.
Discussion continued regarding continuation of the matter
until a new Subordination Agreement could be received from GMAC.
It was the consensus of the Council that nothing should be done
until the new agreement had been received and reviewed by the City
Attorney's Office and the Council Members. (Note: Later in the
meeting the matter was included with other agenda items continued
to Monday, September 14, 1998, in the Council Chambers of City
Hall. )
25
9/8/1998
and
CITY ATTORNEY PENMAN EXCUSED
At 3:34 p.m., City Attorney Penman left the Council meeting
was replaced by Senior Assistant City Attorney Carlyle.
RES. 5555 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING
CHECK SIGNERS AND COUNTERSIGNERS FOR CITY OF SAN
BERNARDINO REDEVELOPMENT AGENCY/ECONOMIC DEVELOPMENT
AGENCY CHECKS, VOUCHERS AND WIRE TRANSFERS, AND REPEALING
RESOLUTION NO. 5541. (RS3)
RES. 5556 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
APPOINTMENT OF GARY VAN OSDEL AS SECRETARY OF THE
COMMISSION AND ANN HARRIS AS ASSISTANT SECRETARY OF THE
COMMISSION; AND REPEALING RESOLUTION NO. 5542. (RS4)
Council Member Estrada made a motion, seconded by Council
Member Schnetz, that said resolutions be adopted.
Resolution Nos. 5555 and 5556 were adopted by the following
vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE & SPECIAL COUNSEL
SABO EXCUSED
At 3:34 p.m., Senior Assistant City Attorney Carlyle and
Special Counsel Sabo left the Council meeting and were replaced by
City Attorney Penman.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL
EXCUSED
At 3:34 p.m., Economic Development Agency Executive Director
Van Osdel left the meeting and was replaced by City Administrator
Wilson.
RES. 98-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM
THE MARKS PARTNERS, L. P., TO AMERICAN CABLE ENTERTAINMENT
COMPANY, L.L.C. (S2)
Frank Keller, Cable Television Manager, submitted a staff
report dated September 3, 1998, regarding the transfer of the cable
television franchise from Marks Partners, L.P., to American Cable
Entertainment Company, L.L.C.
Mr. Keller stated that American Cable Entertainment Company
had met with the Community Television Commission and that they had
sumitted letters of compliance and provided proof of financial
responsibility by a certified public accountant.
26
9/8/1998
Bruce Armstrong, President of American Cable Entertainment,
answered questions regarding his company and the services to be
offered. He stated that every effort would be made to keep costs
to consumers to a minumum.
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
No. 98-263 was adopted by the following vote:
Members Estrada, Lien, Arias, Schnetz, Anderson,
None. Absent: Council Member Devlin.
RECESS MEETING - CLOSED SESSION
the meeting - pages 1 & 8)
At 3 :45 p.m., the Mayor and
Development Commission recessed
following:
Common Council and
to closed session
(Discussed earlier in
(1)
Community
for the
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Edward Powe vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. SCV 36830;
Lechon Chambers vs. City of San Bernardino United
States District Court Case No. EDCV 96-284 RT (VAPx);
Richard Jimenez vs. City of San Bernardino United
States District Court Case No. EDCV 97-0157 RT (VAPx);
Kathleen Reynolds vs. City of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 33562;
State of California ex rel. Stull vs. Bank of America
NT&SA - San Francisco Superior Court Case No. 968-484;
Stubblefield
Bernardino -
E020341;
Construction Comoanv vs. City of San
Fourth District Court of Appeals Case No.
Robert La Chausse - Workers' Compensation Case No. SBR
279051 (Settlement Request);
Ari Miller vs. Economic Develooment Aqency of the City of
San Bernardino - San Bernardino Superior Court Case No.
SCV 32971.
27
9/8/1998
Richard Rister. et al. vs. Ok Soo Kim. et al. San
Bernardino Superior Court Case No. SCV 30482.
Uriel Varqas. et al. vs. City of San Bernardino. et al. -
San Bernardino Superior Court: Case No. SCV 36730;
Peoole of the State of California vs. william H. Coooer -
San Bernardino Superior court Case No. SCV 49063.
B.
Conference with legal counsel
significant exposure to
subdivision (b) of Government
- anticipated litigation -
litigation pursuant to
Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
Property Address:
9th & Del Rosa
Negotiating Parties:
Tim Hefler, State General
Services Administration; Ronald
E. Winkler on behalf of the
Economic Development Agency
Under Negotiation:
Price, terms of payment
disposition
&
CLOSED SESSION
At 3:48 p.m., Mayor Valles called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Council Member Devlin.
Also present: Senior Assistant City Attorney Carlyle, City
Attorney's Office; and Special Counsel Sabo, Executive Director Van
Osdel, Development Director Winkler, Economic Development Agency.
COUNCIL MEMBER ANDERSON EXCUSED
At 4:06 p.m., Council Member Anderson left the closed session.
28
9/8/1998
ADJOURN CLOSED SESSION
At 4:23 p.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 4: 23 p. m., Mayor Valles reconvened the j oint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Miller; City Attorney Penman, City Clerk Clark, City
Administrator wilson. Absent: Council Members Devlin, Anderson.
ENDORSE PLAN - ESTABLISH PASSPORT ACCEPTANCE FACILITY -
CITY CLERK'S OFFICE (26)
Rachel Clark, City Clerk, submitted a staff report dated
August 18, 1998, regarding the establishment of a passport
acceptance facility to be established in the City Clerk's Office.
City Clerk Clark explained the passport application process,
the proposed start date and hours of operation, services to be
provided, start-up costs, fees to be charged, and anticipated
revenue to the City.
Council Member Miller made a motion, seconded by Council
Member Arias, and unanimously carried, that the Mayor and Common
Council endorse the City Clerk's plan to establish a passport
acceptance facility in the City Clerk's Office and support the City
Clerk's submittal of a letter to the Department of State, Los
Angeles Passport Agency, requesting that the City Clerk's Office be
designated as a passport acceptance facility; and that the Director
of Finance be authorized to increase the City Clerk's expenditure
budget by $2,500 to reflect anticipated start-up costs as outlined
in the staff report dated August 18, 1998, from City Clerk Rachel
G. Clark; and increase budgeted general fund revenues by $18,200 to
reflect estimated revenue to be received from the passport program.
RES. 98-264 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655
ENTITLED, IN PART, "A RESOLUTION DESIGNATING
CERTAIN STREETS OR PORTIONS THERECF AS THROUGH HIGHWAYS
. ;" AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY
STOP SIGN AT THE INTERSECTION OF PEPPER AVENUE AND
RANDALL AVENUE. (29)
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
29
9/8/1998
Resolution No. 98-264 was adopted by the following vote:
Ayes: Council Members Estrada, Lien. Arias, Schnetz, Miller.
Nays: None. Absent: Council Members Devlin, Anderson.
Due to the imminent loss of a quorum, it was the consensus of
the Council that the remaining agenda items listed below, as well
as Agenda Item Nos. 1 and R44, be continued to 9:00 a.m., Monday,
September 14, 1998, in the Council Chambers of City Hall.
DESIGNATION OF VOTING REPRESENTATIVE AND ALTERNATE VOTING
REPRESENTATIVE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE TO BE HELD OCTOBER 2-4, 1998, IN LONG BEACH,
CALIFORNIA (27)
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING A FORTY-FIVE MILE
PER HOUR SPEED LIMIT ON DEL ROSA AVENUE BETWEEN MARSHALL
BOULEVARD AND THIRTY-NINTH STREET. First (28)
AUTHORIZE ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT
RANGES P-4, P-5, P-6 & P-7, EFFECTIVE AUGUST 1, 1998, TO
ADJUST FOR SECTION 186 SALARY INCREASES (30)
AUTHORIZE ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT
RANGES P-1, P-2, P-3 & LAW ENFORCEMENT TRAINEE, EFFECTIVE
AUGUST 1, 1998, TO ADJUST FOR SECTION 186 SALARY
INCREASES (31)
AUTHORIZE ESTABLISHMENT OF SALARIES
RANGES P-5, P-6 & P-7, FIRE MARSHAL
EFFECTIVE AUGUST 1, 1998
FOR FIRE DEPARTMENT
& TRAINING OFFICER,
(32)
APPROVE APPOINTMENTS OF MEMBERS AND ALTERNATES TO THE SAN
BERNARDINO REGIONAL WATER RESOURCES AUTHORITY COMMISSION
(33 )
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN
INCREASE TO THE ANNUAL PURCHASE ORDER TO TOTER,
INCORPORATED, FOR PURCHASE OF ADDITIONAL AUTOMATED CARTS
FOR RESIDENTIAL REFUSE SERVICES. (34)
AUTHORIZE ESTABLISHMENT OF FIRE DEPARTMENT RANGES P-1, P-
2, P-3 & P-4, EFFECTIVE AUGUST 1, 1998 (Sl)
30
9/8/1998
ADJOURNMENT (45)
At 4: 30 p. m., the j oint regular meet ing of the Mayor and
Common Council and Community Deyelopment Commission adjourned to
9:00 a.m., Monday, September 14, 1998, in the Council Chambers of
City Hall.
By
RACHEL G. CLARK
City Clerk
~Ha~~J
Deputy City Clerk
No. of Items: 49
No. of Hours: 7 hours
31
9/8/1998