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HomeMy WebLinkAbout09-21-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 21, 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 Pro Tem Estrada at 8:07 a.m., Monday, September 21, 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 Pro Tem Estrada; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. City Attorney Penman announced that the following additional case would be discussed in closed session: Peoole vs. Manta Manaqement Corooration Fourth District Court of Appeals, State of California, Division II, Case No. E019635; San Bernardino Superior Court Case No. SCV 18157. RECESS MEETING - CLOSED SESSION At 8: 07 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). 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 matter pursuant to Government Code Section 54957. - 1 9/21/1998 E. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:07 a.m., Mayor Pro Tern Estrada 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 Pro Tern Estrada; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. Also Anderson, Office. present: Senior Assistant City Attorney Carlyle and Edna Administrative Operations Supervisor, City Attorney's READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER ARIAS ARRIVED At 8:20 a.m., Council Member Arias arrived at the closed session. ADJOURN CLOSED SESSION At 8:37 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9: 01 a . m., Mayor Pro Tem Estrada 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 Pro Tern Estrada; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Juanita Scott, Assistant to the Mayor. 2 9/21/1998 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENT - KIMBERLY JACKSON - YOUTH APPOINTEE - HUMAN RELATIONS COMMISSION - MAYOR VALLES (2) Mayor Valles submitted a staff report dated September 17, 1998, requesting the youth appointment of Kimberly Jackson to the Human Relations Commission. Council Member Miller made a motion, seconded Member Anderson, and unanimously carried, that appointment of Kimberly Jackson to the Human Relations as requested by Mayor Valles, be approved. by Council the youth Commission, COMMENDATION - ZONTA CLUB OF SAN BERNARDINO - OVER 63 YEARS OF SERVICE (3) Juanita Scott, Assistant to the Mayor, read a resolution commending the Zonta Club of San Bernardino for their 63+ years of service to organizations within the city. Linda Letson, Zonta Club President, and Lorna Kenney accepted the proclamation. SERVICE PIN AWARDS (3) Juanita Scott, 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: Paul Flores Theresa Keller Deoartment Public Seryices Parks, Recreation & Community Services Public Services San Bernardino Employment & Training Agency Public Services Code Compliance Public Services Years of Service 10-year pin 30-year pin Name Matthew Briones Raoul Chacon, Jr. 20-year pin 5-year pin Armando Leon Dany Nolfo Juan Sanchez 10-year pin 20-year pin 15-year pin Each employee received a service pin presented by Mayor Pro Tern Estrada. ANNOUNCEMENTS - MAYOR PRO TEM ESTRADA (4) Mayor Pro Tem Estrada made the foJlowing announcements: Kudos were extended to the many volunteers, staff, organizations and sponsors which assisted in the realization of the 3 9/21/1998 successful Route 66 Rendezvous. Diane Abbott and Jim King were awarded certificates of recognition for their roles as TV Team Hosts of Channel 3. They have volunteered their time for the past ten years and have interviewed over 4000 guests. Ms. Abbott and Mr. King were honored at their 500th TV (farewell) show. On September 8, Mayor Valles presented a resolution recognizing the Literacy Center of the City Library for 10 years of service to the community. Appreciation for their loyalty and dedication was extended to Director of the Literacy Center Paula Miller and staff. Information can be obtained at 7:00 p.m., Monday, September 28, 1998, for all high school juniors and seniors interested in joining the Inland Empire Symphony Debs. The meeting will take place at the Cafe Madrid located at the downtown Harris store. For additional information, call 882-7431. A reception will be held from 1 to :; p. m., Saturday, September 26, in the upper gallery of the Norman Feldheym Central Library for the participants of the Fifth Annual City Employees Art Show. The mixed media exhibition will be on display through September 29. This past Saturday, Mayor Valles attended the Black Culture Foundation annual dinner. Mr. Jimmy Jews received the Juanita H. Scott Humanitarian of the Year Award, and the following individuals were also recognized: Troy Adams, Nascar Race Driver Felton C. Anderson Jack Hill Beverly Jones-Wright, Health Education Specialist Deylyne McCampbell, Pastor of the Lion Heart Ministries Judy R. Wright, Assistant Superintendent, San Bernardino City Unified School District Saturday, September 23, 1998, at 6:30 p.m., a meeting to discuss the future of the Pioneer Fire Museum will be held at the San Bernardino Historical and pioneer Society building located at the corner of 8th and "D" Streets. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that the San Bernardino Vipers have played two home games at the Stampede Stadium, and encouraged residents to attend the following games to be held at the Stampede Stadium: September 26, October 10, 17 and 31. 4 9/21/1998 ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias announced that the Loma Linda Ronald McDonald House is hosting a mini grand prix car show at the Inland Center Mallon Sunday, October 4 from 8:00 a.m. to 6:00 p.m. The Loma Linda Ronald McDonald House provides a home away from home for families with children being treated at local hospitals for critical illnesses and injuries. She also acknowledged the individuals and community-based organizations who helped realize the success associated with the "Salute to the Route" and Route 66 Rendezvous. ANNOUNCEMENTS COUNCIL MEMBERS ANDERSON, MILLER AND ESTRADA SCHNETZ, DEVLIN, (4) Council Members Schnetz, Devlin, Anderson, Miller and Estrada expressed their pleasure in attending the Route 66 Rendezvous and thanked all the participants -- city staff, volunteers, etc. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark thanked the many participants in the Route 66 Rendezvous, and reminded the residents that October 5 is the last day to register to vote for the upcoming November election. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman noted he had a wonderful time at the Route 66 Rendezvous, and stated that he had received a compliment relative to the services rendered by the Police Department. PUBLIC COMMENTS - ELLEN YAMADA (5) Ellen Yamada, President of the Orange Empire Dog Club, P. O. Box 4909, Blue Jay, CA, voiced concern regarding the increases to the animal control fees and stated that animal owners should have a voice on the Animal Advisory Commission. It was noted that pet owners were members of the Animal Advisory Commission. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, 985 W. Kendall Drive expressed concern regarding the San Resources Authority Commission's power consent of the voters. #A357, San Bernardino, CA, Bernardino Regional Water to issue bonds without the 5 9/21/1998 PUBLIC COMMENTS - CECILIA JULAGAY (5) Cecilia Julagay, 1212 W. Olive, Redlands, CA, member of the Orange Empire Dog Club, stated that the increase in animal control fees would result in a higher rate of noncompliance and would ultimately increase the number of pets within the city. PUBLIC COMMENTS - JUNE STARSHINE (5) June Starshine, P. O. Box 204, Crestline, CA, President of the San Bernardino Chapter of Chaparral Poets, announced that a poetry festival would be held on October 17, 1998, from 1:00 p.m. to 5:00 p.m. at the Bing Wong Auditorium in the Norman Feldheym Central Library. The theme is "A Time To Awaken" and the cost is $3.50. A display of poetry and art will also be displayed October 1 through 31, 1998. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, voiced concern regarding the three-minute limitation on public comments and urged the council to increase the time. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission be waived. CLAIMS & PAYROLL (7) Council Member Devlin 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 September 16, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated September 11, 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-1028 - 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. Final (9) 6 9/21/1998 ORD. MC-1029 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENFORCEMENT-PENALTY. Final (10) ORD. MC-1030 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.40.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWERS OF MAYOR. Final (11) ORD. MC-1031 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL CITRUS FAIR. Final (12) RES. 98-266 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE A STREAMBED ALTERATION AGREEMENT WITH THE STATE DEPARTMENT OF FISH AND GAME RELATING TO WIDENING OF THE KENDALL DRIVE BRIDGE OVER CABLE CREEK. (16) RES. 98-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER. (18) RES. 98-268 - RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION PROGRAM. (20) Council Member Devlin made a motion, seconded by Council Member Miller, that said ordinances and resolutions be adopted. Ordinance Nos. MC-1028, MC-1029, MC-1030 and MC-1031 and Resolution Nos. 98-266, 98-267 and 98-268 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. 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. Final (13) Council expressed the desire to meet with the county prior to the adoption of said ordinance. 7 9/21/1998 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 5, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE PLAN NO. 9863 - INSTALL HANDICAP RAMPS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (14) Michael Hays, Director of Development Services, submitted a staff report dated September 8, 1998, concerning the installation of handicap ramps at various locations throughout the city. Director Hays answered questions regarding the locations for the installation of ramps and the allocation of funds. Robert Neves, 2348 Sterling Avenue questioned the costs associated with handicap ramps. #439, San Bernardino, CA, the installation of the Council Member Devlin made a motion, seconded by Council Member Anderson, that the plans for construction of handicap ramps at various locations, in accordance with Plan No. 9863, be approved; and that the Director of Development Services be authorized to advertise for bids. The motion carried by the following vote: Members Estrada, Arias, Schnetz, Devlin, Anderson, Council Member Lien. Absent: None. Ayes: Council Miller. Nays: APPROVE PLAN NO. 9869 - PAVEMENT REHABILITATION - SLURRY SEAL METHOD PHASE VI BETWEEN 5TH AND BASE LINE STREETS & 1-215 FREEWAY AND LYTLE CREEK AUTHORIZE ADVERTISEMENT FOR BIDS (15) Michael Hays, Director of staff report dated September pavement rehabilitation by the Development Services, submitted a 9, 1998, concerning Phase VI of slurry seal method. Director Hays provided a synopsis of the action taken for the pavement rehabilitation between 5th and Base Line Streets and the 1-215 Freeway and Lytle Creek. Council Member Arias made a motion, seconded by Council Member Schnetz, and unanimously carried, that the plans for rehabilitation of pavement by slurry seal method for streets between 5th and Base Line Streets and the 1-215 Freeway and Lytle Creek, per Plan No. 9869 be approved; and that the Director of Development Services be authorized to advertise for bids. AUTHORIZE APPLICATION - LOCAL AGENCY FORMATION COMMISSION (LAFCO) - SEWER SERVICES OUTSIDE CITY BOUNDARIES - 1128 W. 48TH STREET (17) ~ 8 9/21/1998 Michael Hays, Director of Development Services, submitted a staff report dated August 26, 1998, requesting authorization for the submittal of an application to the Local Agency Formation Commission for sewer services outside city boundaries. City Attorney Penman explained that minor changes had been made to the agreement and recommended the language for the action to be taken. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor of the City of San Bernardino be authorized to execute a letter making application to the Local Agency Formation Commission for the extension of sewer services by contract for the property located at 1128 W. 48th Street, within an unincorporated area of San Bernardino County, subject to the language changes recommended by the City Attorney's Offioe; and that the Mayor be authorized to execute an irrevocable agreement to Annex No. 98-1, upon approval of said application by the Local Agency Formation Commission. RECESS MEETING At 10:07 a.m., Mayor Pro Tem Estrada declared a ten-minute recess. RECONVENE MEETING At 10:25 a.m., Mayor Pro Tem Estrada 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 Pro Tem Estrada; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RES. 98-269 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT GRANTS FROM THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. (19) Council Member Lien made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 98-269 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the Ariasl None. following vote: Schnetz, Devlin, ESTABLISH SHOPPING CART ORDINANCE - ABANDONED CARTS - POLICY AND PROCEDURE - CITY ATTORNEY TO PREPARE (21) 9 9/21/1998 Fred Wilson, City Administrator, submitted a staff report dated September 16, 1998, concerning the establishment of an ordinance pertaining to abandoned shopping carts. Council Member Anderson made a motion, seconded by Council Member Miller, that the City Attorney be authorized to finalize the abandoned shopping cart ordinance and bring it back for consideration by the Mayor and Common Council. Council expressed concern that the city would be obligated to pick up shopping carts without receiving any compensation. City Administrator Wilson explained that the city currently does pick up the carts and the proposed ordinance would bring the city into compliance with state law. A discussion ensued relative to the grocery stores' responsibility of retrieving abandoned carts and the measures the city could take to ensure accountability. COUNCIL MEMBER MILLER EXCUSED At 10:41 a.m., Council Member Miller left the council meeting. The motion carried by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. Ayes: Anderson. Council Nays: ESTABLISH VENDOR CART ORDINANCE - GOODS FOR SALE - POLICY AND PROCEDURE - CITY ATTORNEY TO PREPARE (22) Council Member Estrada September 15, 1998, concerning address vendor carts. submitted a staff report dated the establishment of an ordinance to City Administrator Wilson explained that the proposed ordinance would regulate vendor carts. He stated that the Mayor and Council need to determine the number of carts to be allowed within the downtown business district and whether or not the penalty should be a misdemeanor or an infraction. City Attorney Penman reviewed the penalties imposed when guilty of an infraction or misdemeanor. Council Member Lien made a motion, seconded by Council Member Anderson, that the reference to 10 pushcarts be removed from the proposed ordinance. A discussion ensued concerning the language for the proposed ordinance. Council Member Lien made a substitute motion, seconded by Council Member Arias, and unanimously carried, that the City 10 9/21/1998 Attorney be directed to prepare an ordinance to be brought back to the Mayor and Common Council meeting of November 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE PROPOSAL - NEIGHBORHOOD INITIATIVE TARGET AREAS - NEIGHBORHOOD IMPROVEMENT TARGET AREAS - COUNTY OF SAN BERNARDINO - APPROVE IN CONCEPT (23) Fred Wilson, City Administrator, dated September 15, 1998, concerning Neighborhood Initiative Target Areas. submitted a staff report the establishment of the City Administrator Wilson provided a synopsis of the proposal to be submitted to the county for allocation of funds designated for neighborhood improvement and explained how the areas were identified. He answered questions relative to how citizens' input would be received and where the city's matching funds would be derived. Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Neighborhood Initiative Target Area proposal, as ou~lined in the staff report dated September 15, 1998, from Fred Wilson, City Administrator, be approved in concept. AN ORDINANCE OF THE CHAPTER 8.27 OF THE AUTHORIZING THE CODE ANNUAL WEED ABATEMENTS CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE COMPLIANCE DIRECTOR TO CONDUCT AND RECOVER COSTS. First (24) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. REQUEST TO JOIN - AMICUS BRIEF - SUPPORT CITY OF LONG BEACH - LIM VS. CITY OF LONG BEACH, NINTH CIRCUIT COURT OF APPEALS NO. 98-55915 REGULATION OF ADULT BUSINESSES (25) James F. Penman, City Attorney, submitted a staff report dated September 21, 1998, requesting authorization to join an amicus brief in support of the City of Long Beach in Lim vs. City of Long Beach relative to regulation of adult businesses. Council Member Schnetz inquired if he should abstain from voting since he had been previously used as an expert witness. City Attorney Penman advised an opinion could the Fair political Practices Commission; however, this case, an abstention was not necessary. be obtained from he felt that in 11 9/21/1998 Council Member Anderson made a motion, seconded by Council Member Arias, and unanimously carried, that the City Attorney be authorized to join an amicus brief in support of the City of Long Beach. APPROVE CONTRACT CHANGE ORDER NO. 15 - ORANGE SHOW ROAD EXTENSION, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - PLAN NO. 9142 - MCM CONSTRUCTION, INC. - $8,598 - INSTALL 12-INCH CORRUGATED METAL PIPE, CATCH BASINS & FLARED INLET DRAIN (26) Michael Hays, Director of Development Services, submitted a staff report dated August 25, 1998, concerning the approval of Contract Change Order No. 15 with MCM Construction, Inc. Council Member Anderson made a motion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. 15 to the contract with MCM Construction, Inc., for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue for the installation of two additional catch basins, a flared inlet drain, and 179 lineal feet of 12-inch corrugated metal pipe to provide proper drainage on the north side of Amos Street and at the east side of BNSF railroad tracks where they intersect Orange Show Road. This work is to be performed at agreed prices at an increase to the contract price of $8,598, from $9,210,309.58 to $9,218,907.58. APPROVE CONTRACT CHANGE ORDER NO. 5 - INSTALL STORM DRAIN OHIO AVENUE BETWEEN OLIVE AVENUE AND BAILEY CREEK CHANNEL & PALM AVENUE BETWEEN WASHINGTON STREET AND IRVINGTON AVENUE - PLAN NO. 9333 - BONADIMAN-MC-CAIN, INC. - $7,301.49 (27) Michael Hays, Director of Development Services, submitted a staff report dated September 10, 1998, concerning the approval of Contract Change Order No. Five with Bonadiman-Mc-Cain, Inc. Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. Five to the contract with Bonadiman-Mc-Cain, Inc., in accordance with Plan No. 9333, at an increase of $7,301.49 to the contract price of $176,193.35 in order to compensate the contractor for delays and additional work that was performed due to utility conflicts. RES. 98-270 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO INSTALLATION OF NON- ELECTRIFIED ATTACHMENTS AND APPURTENANCES TO EDISON STREET LIGHT POLES. (28) 12 9/21/1998 Council Member Anderson made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-270 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. RES. 98-271 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SAFETY - KLEEN (CA) , INC., FOR REMOVAL OF UNDERGROUND STORAGE TANKS AT FIRE STATION NO.1 PER PLAN NO. 9840. (29) Council Member Devlin made a mot ion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be authorized to carryover $37,000 budgeted in fiscal year 1997-98 for this purpose to fiscal year 1998-99 (Account No. 629-453-5502). The motion carried and the following vote: Ayes: Schnetz, Devlin, Anderson. Miller. Resolution No. 98-271 was adopted by Council Members Estrada, Lien, Arias, Nays: None. Absent: Council Member APPROVE COST SAVING BERNARDINO STADIUM $14,000 MEASURES - ENERGY EFFICIENCY - SAN AUTHORIZE TRANSFER OF FUNDS (30) James Sharer, Facilities Manager, submitted a staff report dated September 9, 1998, concerning cost saving measures for the San Bernardino Stadium. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council approve the cost saving measures for the San Bernardino Stadium as identified in the staff report dated September 9, 1998, from James Sharer, Facilities Manager; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 budget to transfer $14,000 from Stadium Electric Charges (133-461-5606) to Stadium Alterations and Renovations (133-461-5706). RES. 98-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION, AMENDING ARTICLE III, COMPENSATION, SECTION 6, CALL-BACK/STANDBY ASSIGNMENT & PAY. (31) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. 13 9/21/1998 Resolution Ayes: Council Anderson. Nays: No. 98-272 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. RES. 98-273 - 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. (Continued from September 8, 1998) (32) Lynn Merrill, Solid Waste Manager, answered questions regarding the disposal of medically-issued syringes. Council Member Devl in made a mot ion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-273 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. RECESS MEETING At 11:49 a.m., Mayor Pro Tem Estrada recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 01 p. m., Mayor Pro Tem Est rada 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 Pro Tem Estrada; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:01 p.m., Vice-Chairwoman Estrada 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. RECESS MEETING - CLOSED SESSION At 2: 02 p. m., the Mayor and Common Council (1) and Community 14 9/21/1998 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). Peoole vs. Manta Manaqement CorDoration - Fourth District Court of Appeals, State of California, Division II, Case No. E019635; San Bernardino Superior Court Case No. SCV 18157. 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 matter pursuant to Government Code Section 54957. E. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 2:02 p.m., Mayor Pro Tem Estrada 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 Pro Tem Estrada; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno and Economic Development Agency Special Counsel Sabo. ADJOURN CLOSED SESSION At 3:12 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3: 12 p. m., Mayor Pro Tem Est rada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 15 9/21/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Estrada; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. DISCUSS & TAKE ACTION - SUBORDINATION AND INTERCREDITOR AGREEMENT - DRAFT DATED AUGUST 13, 1998 - CINEMA STAR MULTI-PLEX THEATER PROJECT MDA-SAN BERNARDINO ASSOCIATES GMAC-MORTGAGE, BORROWER & AGENCY (Continued from September 14, 1998) (R33) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a memorandum dated September 18, 1998, concerning the downtown theater project. Economic Development Agency Special Counsel Sabo explained the provisions of the subordination and intercreditor agreement. City Attorney Penman provided a synopsis of the action taken to address the areas of concern relative to the subordination and intercreditor agreement. He recommended that the agreement not be approved or that action be deferred until the issues concerning the Department of Housing and Urban Development have been resolved. Executive Director Van Osdel explained the possible benefits the city would derive if the project came to fruition. Sam Catalano expressed support for the construction of the theater complex and reviewed the activities which have occurred in the downtown area within the past 18 years. Rex Swanson, Metropolitan Development, stated that the development would generate 290 new jobs and that they are not in the business of building unsuccessful proj ects. He provided a synopsis of the action taken to ensure the downtown would be a viable site for the construction of the theater complex, reviewed the provisions of the construction agreement and expressed his concerns. Mr. Swanson answered questions regarding the development of the Riverside and Norwalk theaters. A discussion ensued relative to the provisions of the subordination and intercreditor agreement. Council Member Miller made a motion that the matter be continued to September 28, 1998; and that the City Attorney's Office be directed to obtain a time frame from the Department of Housing and Urban Development. 16 9/21/1998 The motion failed for lack of a second. Discussion continued regarding the various provisions of the subordination and intercreditor agreement and the reason for the continuance. council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to 9:00 a.m., Tuesday, September 29,1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the City Attorney's Office be directed to obtain a time frame from the Department of Housing and Urban Development (HUD). PUBLIC HEARING - FIFTH YEAR ACTION PLAN - CONSOLIDATED PERFORMANCE AND EVALUATION REPORT (CAPER) - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) - HOME INVESTMENT PARTNERSHIP ACT (HOME) - EMERGENCY SHELTER GRANT (ESG) PROGRAMS - FISCAL YEAR 1997/98 REPORT - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - CONSOLIDATED PLAN 1995-1999 (R34) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONSOLIDATED ANNUAL REPORT IN CONNECTION WITH IMPLEMENTING FEDERAL GRANT PROGRAMS. (R34) Note: Resolution was not provided with the backup material and will not be available for reference. Ronald Winkler, Agency, submitted a concerning the Fifth Consolidated Plan. Development Director, Economic Development staff report dated September 9, 1998, Year Action plan element of the 1995-1999 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 October 5, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Theodore Owens requested that the projects related to child care be given priority. LEASE AGREEMENT CONSTRUCTION OF THE BUILDING GENERAL SERVICES ADMINISTRATION IMMIGRATION AND NATURALIZATION (INS) (R36) Note: Backup material was not provided and will not be available for reference. 17 9/21/1998 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 October 5, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 5557 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING PERSONNEL POLICIES AND PROCEDURES FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY, REPEALING RESOLUTION NOS. 5277, 5279, 5280 AND 5282 RELATING TO AGENCY ESTABLISHMENT OF POSITIONS AND JOB DESCRIPTIONS, AGENCY ADOPTION OF CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR GENERAL UNIT EMPLOYEES AND MID-MANAGERS, AGENCY ESTABLISHMENT OF COMPENSATION LEVELS AND SALARY RANGES, AND AGENCY ESTABLISHMENT OF MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN, RESPECTIVELY, AND RESCINDING ALL PREVIOUSLY ADOPTED PERSONNEL POLICIES AND PROCEDURES. (R35) Executive Director Van Osdel explained the actions taken on the proposed amendments to the personnel policies and procedures. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Council Members Miller. Nays: No. 5557 was adopted by the following vote: Ayes: Estrada, Lien, Arias, Schnetz, Devlin, Anderson, None. Absent: None. ADJOURN MEETING At 4 :37 p.m., the Tuesday, September 22, Bernardino City Unified Street, San Bernardino, (37) regular meet ing adj ourned to 6: 00 p. m. , 1998, for a joint meeting with the San School District to be held at 777 North "F" California. RACHEL G. CLARK City Clerk /l , , By zanna Cordova eputy City Clerk No. of Items: 37 No. of Hours: 6.5 18 9/21/1998