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HomeMy WebLinkAbout10-05-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 5, 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 8:07 a.m., Monday, October 5, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: william Coooer. et al. vs. City of San Bernardino. et al. - United States District Court Case No. CV 98-7951 WDK (AIJx) . RECESS MEETING - CLOSED SESSION meeting - pages 26 & 27) At 8:07 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) Christooher Gonzales vs. City of San Bernardino - Workers Compensation Case No. 0274371; City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Army) United States District Court Case No. CV 96-8867 MRP (VAPx); Patricia Anqiollilo vs. San Bernardino Mobile Home Board. et al. San Bernardino Superior Court Case No. SCV 51401. 1 10/5/1998 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: Public Employment/Public Emoloyee Aooointment Apoointment: Director of Housing & Community Development E. Conference with real propert:y negotiator pursuant to Government Code Section 54956.8: Property Address: 655 W. Rialto Avenue Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Federal General Services Administration Under Negotiation: Terms, price and conditions CLOSED SESSION At 8:07 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Miller. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Coleman, Easland, Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; Edward Raya, Director of Human Resources; and Special Counsel Steve Serembe of Bolson Kuntz & Serembe, 600 North Arrowhead Avenue, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition 2 10/5/1998 Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. DIRECTOR OF HUMAN RESOURCES SEREMBE EXCUSED At 8:15 a.m., Director of Counsel Serembe left the closed RAY.II. & SPECIAL COUNSEL Human Resources Raya and Special session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & CHIEF OF POLICE DEAN ARRIVED At 8:36 a.m., Senior Assistant City Attorney Carlyle and Chief of Police Dean arrived at closed session. ADJOURN CLOSED SESSION At 8: 56 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 04 a. m., Mayor Valles reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Devlin, Schnetz, Anderson; City Attorney Penman, Deputy City Clerk Medina, City AdminLstrator wilson. Absent: Council Member Miller. INVOCATION The inyocation was given by pamelalee Bailey-Shimizu. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. APPOINTMENTS COMMITTEE COMMISSION - MAYOR VALLES - COMMUNITY DEVELOPMENT CITIZENS ADVISORY BOARD OF WATER COMMISSIONERS PLANNING EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE - COUNCIL MEMBER ARIAS (2) Mayor Valles submitted staff reports dated September 28, 29, and 30, 1998, recommending the following appointments as requested by herself and Council Member Arias. MAYOR VALLES Community Development Citizens Advisory Committee Beth Meyer Board of Water Commissioners Cecilia "Toni" Callicott ~ 3 10/5/1998 Equal Emolovment Oooortunity Committee Jess Campos Pratap Champsi Carl Clemmons Peggy Corcovelos Randy Hill Jun Inawat Cheryl Jackson Dave Munoz Maria Lopez Janice Loutzenhiser-villareal Jewell Rabb Anita Sanchez Joe Stejskal Heck Thomas COUNCIL MEMBER ARIAS Planninq Commission Peter R. Baeza Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointments to the Community Development Citizens Advisory Committee, Board of Water Commissioners, Planning Commission, and Equal Employment Opportunity Committee, as requested by Mayor Valles and Council Member Arias, be approved. The appointees accepted their certificates of appointment. COMMENDATION CONVENTION & VISITORS PARTICIPATION IN ROUTE 66 RENDEZVOUS BUREAU STAFF (3) Teri Rubi, Executive Assistant to the Mayor, presented resolutions of commendation and appreciation to the following staff members of the Convention and Visitors Bureau for their outstanding efforts and participation in making ::he Route 66 Rendezvous a successful event: Shelly Wong, Route 66 Event Coordi.nator Donna Heller, Route 66 Sponsor Relations Chairperson Jo Ann Webb, Route 66 Volunteer Coordinator INTRODUCTION - MAYORAL LIAISONS - VARIOUS PROGRAMS (3) Teri Rubi, Executive Assistant to the Mayor, introduced Dael Strange, Director of Sales for the San Bernardino Hilton Hotel, and June Durr of the Mayor's staff, who were recently appointed by the Mayor to the San Bernardino Convention and Visitors Bureau Board of Directors. Ms. Rubi also introduced the following members of the Mayor's staff and the programs they are coordinating: Linda Jenkins - Soap Box Derby; Community Child Care Nick Gonzalez - Business Associatlons Juanita Scott - After School Programs 4 10/5/1998 PROCLAMATION - AMERICA GOES BACK TO SCHOOL DAY - OCTOBER 5, 1998 (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming October 5, 1998, as America Goes Back to School Day in the City of San Bernardino. Dr. E. Neal Roberts, Superintendent, San Bernardino City Unified School District, accepted the proclamation. PROCLAMATION - WALK TO CURE DIABETES DAY - OCTOBER 17, 1998 (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming October 17, 1998, as Walk to Cure Diabetes Day in the City of San Bernardino. Jim Ruester, and Larry Sharp, proclamation. Executive Director, Juvenile Diabetes Foundation, Chairman, Arrowhead Credit Union, accepted the PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 4-10, 1998 (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming the week of October 4-10, 1998, as Fire Prevention Week in the city of San Bernardino. Fire Chief Pitzer accepted the proclamation. COMMENDATION - WINNER - SECRETARY OF STATE'S LOGO CONTEST - STEPHAN NELSON (3) Mayor Valles presented a certificate of commendation and recognition to Stephan Nelson, a student from San Bernardino High School who recently won the statewide "You've Got the Power" logo contest sponsored by Secretary of State Bill Jones' Office. The winning logo will be on all voter pamphlets used throughout the state of California. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that today was the last day to register to vote in the upcoming November election. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she had recently attended an "Understanding City Budgets" workshop, which provided very valuable information. She also announced that the local Vipers football team is undefeated and has a home game on October 10, to be held at the San Bernardino Stadium. 5 10/5/1998 ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin described the street improvement project currently under construction at "E" Street and Little Mountain Drive, stating that it would probably take another two months to complete. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson expressed her pride in being able to accept on behalf of the City of San Bernardino two Helen Putnam Awards presented by the League of California Cities at their annual conference in Long Beach. The first award was for the City's Electronic Quote System Utilization Program; the second was for the Acquisition, Rehabilitation, and Resale Affordable Home Ownership Program. Mrs. Anderson also thanked everyone who had assisted with the clean-up day held in the Sixth Ward on Saturday, October 3. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson applauded the efforts of and his staff, which resulted in the City receiving Helen Putnam Awards for its "paperless" quote system. John Murphy one of the ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman noted that Agenda Item Nos. 13-24 were allocations to several nonprofit organizations in the City. He reminded the Council that if they serve on the board(s) of any of these organizations, they must abstain from discussing or voting on that particular item. Also, the Mayor must refrain from presiding over any item where she could have a conflict of interest. City Attorney Penman presented the official City Attorney's Tiger Award to Deputy City Attorney Coleman for her efforts to fight blight and drugs by bringing to trial a case which resulted in the closing of Norman Manor for a period of one year. Ms. Coleman thanked the Code Enforcement, Fire, and Police Departments for their hard work on this case and expressed her satisfaction in having a job where she can make a difference for others and the City. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles commented on or made announcements regarding the following items: 6 10/5/1998 She requested a moment of silence to honor the memory of former Los Angeles Mayor Tom Bradley, who passed away last week; commented on the performance of Zorro Live at the California Theater of Performing Arts, the first of four plays to be presented this season by Theatrical Arts International; Recognized Dale Jenks and his late wife Alexandra Grow Jenks, for contributing 40 years to the arts, particularly their work with the Civic Light Opera; Announced an open house to be held October 10, from 10:00 a.m. to 2:00 p.m. at the Central Fire Station at 200 East Third Street in conjunction with Fire Prevention Week; Noted the inauguration of the Mayor's after school "Creative Arts Program for Middle Schools", a pilot program being offered at Curtis and Martin Luther King Middle Schools which will provide classes in music, dance, art, choir, drama, and television; Congratulated the San Bernardino County Sun newspaper and KCBS-TV Channel 2 for creating a unique partnership to produce Inland Empire News coverage; Encouraged citizens to tune in on MS-NBC national television on October 14, between 2 and 4 p.m., when the City will have a television spot aired on Pat Summerall's "Champions of Industry" production; and Announced that the Police Department More 98 Grant in the amount of $155,046 renewable for two one-year extensions. had been awarded a COPS for one year, which is PUBLIC COMMENTS - RONALD K. HULTMAN (5) Ronald K. Hultman, 3344 Genevieve Street, San Bernardino, CA, spoke regarding an incident at his home wherein he alleged that threats and excessive force were used by the police officers involved. PUBLIC COMMENTS - WALLY GUADALUPE GARCEZ (5) Wally Guadalupe Garcez "Westside Wally", 1097 West Evans Street, San Bernardino, CA, invited everyone to the Westside Community Against Violence memorial ceremony honoring Mindy Flores to be held on October 10, 1998, from 1:00-5:00 p.m. at the Kiwanis Knights of Columbus Little League field located at the 14th Street and Mt. Vernon Avenue park. 7 10/5/1998 PUBLIC COMMENTS - RUSSELL EAST (5) Russell East, 3344 Genevieve Street, San commented on the verbal abuse of his mother by battery and abuse he suffered, and the need for police personnel. Bernardino, CA, the police, the drug testing of PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, regarding the police incident at the Street. San Bernardino, CA, spoke Hultman home on Genevieve PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, asked for the Council's endorsement of a letter he was sending to President Clinton regarding the difficulty of obtaining medical and dental care for himself and his family and the need for Congress to get on with the business at hand. PUBLIC COMMENTS - PAMELALEE BAILEY-SHIMIZU (5) pamelalee Bailey-Shimizu, 25220 East 17th Street, San Bernardino, CA, stated that she was running as a Fifth District Water Board candidate. She challenged other candidates running for office who are capable of raising thousands of dollars to raise a like amount of money and donate it to the community. PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that he had challenged Supervisor Eaves to a debate of Proposition 9 and requested that the Mayor allow him to utilize City facilities (Council Chambers, Channel 3, etc.) for said debate, to be held October 15, 1998, from 8-10 p.m. AUTHORIZE RECEIPT OF FUNDS AUTHORITY FOR THE HANDICAPPED - ROOF REPAIR & CARPET REPLACEMENT - CENTER FOR INDIVIDUAL DEVELOPMENT (CID) - PARKS, RECREATION & COMMUNITY SERVICES (25) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated September 16, 1998, regarding authorization to receive funds from the Authority for the Handicapped for improvements to the Center for Individual Development. 8 10/5/1998 Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to receive $50,000 from the Authority for the Handicapped for roof repair and carpet replacement at the Center for Individua~ Development; and that the funds be placed in the Park Construction Funds account. RES. 98-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. (26) RES. 98-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A YEAR- ROUND LUNCH PROGRAM AS AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO CITY'S YEAR-ROUND LUNCH SITES. (27) RES. 98-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO A NUTRITION FOR SENIORS PROGRAM. (28) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 98-274, 98-275, and 98-276 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. SET PUBLIC HEARING - 10:00 A.M. - MONDAY, 1998 - CITIZENS' OPTION FOR PUBLIC SAFETY GRANT OCTOBER 19, (COPS) 1998 (29) Lee Dean, Chief of Police, submitted a staff report dated September 23, 1998, recommending that tche Mayor and Council set a public hearing to ratify the expenditure of the awarded Citizens' Option for Public Safety (COPS) 1998 funding. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m. on Monday, October 19, 1998, to ratify the expenditure of the awarded Citizens' Option for Public Safety (COPS) 1998 funding. 9 10/5/1998 COUNCIL MEMBER LIEN EXCUSED At 10:09 a.m., Council Member Lien left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Jeff Wright, P.O. Box 2341, opposition to the practice of resolutions and ordinances. San Bernardino, CA, expressed waiving full reading of the Council Member Devlin made a mo::ion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (7) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested separation of the Mayor and Council and Community Development Commission meetings to allow public comments for each meeting. Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: August 17, 1998. CLAIMS & PAYROLL (8) Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 28, 1998, fr8m Barbara pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated September 24, 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-1032 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED ABATEMENTS AND RECOVER COSTS. Final (10) Council Member Schnetz made a motion, seconded by Council Member Anderson, that said ordinance be adopted. 10 10/5/1998 Ordinance No. MC-1032 was adopted by the following vote: Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Members Lien, Miller. COUNCIL MEMBER LIEN RETURNED At 10:20 a.m., Council Member Lien returned to the Council meeting and took her place at the council table. FISCAL YEAR 1997/98 CONTINUING APPROPRIATIONS & ENCUMBRANCE CARRYOVERS - FINANCE DEPARTMENT (11) Barbara Pachon, Director of Finance, submitted a staff report dated September 30, 1998, regarding approval of the proposed fiscal year 1997/98 Continuing Appropriation and Encumbrance Carryovers. Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that the report of proposed fiscal year 1997/98 Contlnuing Appropriation and Encumbrance Carryovers, as submitted by the Director of Finance, be approved. RECESS MEETING At 10:21 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 10:30 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Miller. PUBLIC HEARING AUTHORIZE SALE PROPERTY - 1350 SOUTH HE" STREET VALLEY MUNICIPAL WATER DISTRICT PORTION OF CITY - TO SAN BERNARDINO (34) Michael Hays, Director of Development Services, submitted a staff report dated September 8, 1998, regarding the sale of a portion of City-owned property located at 1350 South "E" Street to the San Bernardino Valley Municipal Water District. Mayor Valles opened the hearing. Director Hays explained that this was surplus property which was being sold at the established fair market value. No public comments were received. 11 10/5/1998 RES. 98-277 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SALE OF A PORTION OF REAL PROPERTY LOCATED AT 1350 SOUTH "E" STREET TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED. (34) Council Member Devlin made a motion, seconded by Council Member Estrada, that the hearing be closed; and that said resolution be adopted, subject to the City Attorney's Office accepting the legal description on the deed. The motion carried, and Resolution No. 98-277 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 98-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429, ENTITLED IN PART "A RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO. (12) Note: The resolution was not distributed as part of the backup material and will not be available for reference. Council Member Lien made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-278 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. MAYOR VALLES EXCUSED At this time, stating that she was a member of the San Bernardino Symphony Orchestra Board of Directors, Mayor Valles left the Council meeting and the duties of Mayor Pro Tern were assumed by Council Member Arias. RES. 98-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BALLET FOLKLORICO CULTURAL FOR THE PROMOTION OF ARTS AND CULTURE. (13) RES. 98-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (14) 12 10/5/1998 RES. 98-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (15) RES. 98-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FAMILY PLAYHOUSE FOR THE PROMOTION OF ARTS AND CULTURE. (16) RES. 98-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (17) RES. 98-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATERS, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (18) RES. 98-285 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA FOR THE PROMOTION OF ARTS AND CULTURE. (19) RES. 98-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (20) RES. 98-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. (21) RES. 98-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE PROMOTION OF ARTS AND CULTURE. (22) RES. 98-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES ACADEMY FOR THE PROMOTION OF ARTS AND CULTURE. (23) RES. 98-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. (24) Bob thanked citizens hours. Neves, 2348 Sterling Avenue the Mayor and Council for who so generously donate by #439, San Bernardino, CA, monetarily supporting the serving numerous volunteer 13 10/5/1998 Lou Herz, 19545 Oakland Avenue, Rialto, CA, President of Sinfonia Mexicana, stated that he was hoping to receive $10,000 per concert due to the extensive costs involved. Graciano Gomez, 1265 E. Shamrock, San Bernardino, CA, also spoke regarding the funding for the Sinfonia Mexicana and their need of additional funds. council Member Estrada made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 98-279, 98-280, 98-281, 98-282, 98-283, 98- 284, 98-285, 98-286, 98-287, 98-288, 98-289, and 98-290 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: Council Member Arias. Absent: Council Member Miller. MAYOR VALLES RETURNED Mayor Valles returned to the Council meeting and took her place at the Council table. REQUEST FOR CIVIC & PROMOTIONAL FUNDING - 1999 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK (30) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated September 3, 1998, requesting funding for the annual 4th of July celebration at Seccombe Lake Park. Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that the recommendation of the Ways and Means Committee for funding in the amount of $32,251 to cover costs connected with the 1999 4th of July celebration at Seccombe Lake Park be approved. REQUEST FOR CIVIC & PROMOTIONAL FlmDING - BLACK CULTURE FOUNDATION - BLACK HISTORY WEEK (31) Fred Wilson, City Administrator, submitted a staff report dated September 3, 1998, regarding a request from the Black Culture Foundation for civic and promotional funding to assist with the 1999 Black History Week activities. RES. 98-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1998/99. (31) Because new backup material was submitted, Deputy City Clerk Medina read the title of the resolution into the record. 14 10/5/1998 Council Member Anderson made a motion, seconded by Council Member Estrada, that direct funding in the amount of $4,200 and indirect funding in the amount of $20,796 be transferred from the 1998/99 Civic and Promotion Fund to various City departmental accounts in the amounts listed in the staff report from the City Administrator dated September 3, 1998, to cover their costs for personnel and equipment to assist with ~he 1999 Black History Week activities; and that said resolution be adopted. The motion carried, and Resolution No. 98-291 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, DeYlin, Anderson. Nays: None. Absent: Council Member Miller. REQUEST FOR CIVIC & PROMOTIONAL FUNDING - "DOWN HOME JAZZ FESTIVAL 1998 n - FRANKLIN D. ROOSEVELT BOWL - PERRIS HILL PARK - OCTOBER 17, 1998 (32) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated September 23, 1998, regarding funding assistance for a "Down Home Jazz Festival" to be held in the Franklin D. Roosevelt Bowl at Perris Hill Park on October 17, 1998. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, suggested that handicap ramps be installed for access to the stage. Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that funding in the amount of $1,000 from the Civic and Promoti.onal Fund to cover costs associated with the "Down Home Jazz Festival 1998" at Franklin D. Roosevelt Bowl be approved. RECEIVE & FILE - UPDATED BUDGET REPORT - FISCAL YEAR 1997-98 - YEAR END CLOSE (33) Barbara Pachon, Director of Finance, submitted a staff report dated September 29, 1998, regarding the fiscal year 1997-98 year end close budget report. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the budget report for fiscal year 1997/98 year end close be received and filed. Agenda Item Nos. 35, 36, 37 and 42 were considered and voted on simultaneously by the Council at this time. WAIVE FEES - SAN BERNARDINO STADIUM - EAST VALLEY SPECIAL EDUCATION PLAN AREA - ASSISTIVE TECHNOLOGY & EDUCATIONAL SOFTWARE VENDOR FAIRE - OCTOBER 3:), 1998 - $2,500 (35) 15 10/5/1998 City Administrator Wilson submitted a staff report dated September 23, 1998, regarding the waiver of fees requested by the East Valley Special Education Plan Area. WAIVE FEES SAN BERNARDINO STADIUM - PORTABLE STAGE RENTAL - SAN BERNARDINO COUNTY - RED RIBBON COMMITTEE - OCTOBER 24, 1998 - $2,750 (36) City September Committee Administrator Wilson 23, 1998, regarding for a waiver of fees. submitted a request a staff report from the Red dated Ribbon WAIVE FEES - SAN BERNARDINO STADIUM - EASTER SEAL SOCIETY OF THE INLAND COUNTIES - FANTASY OF LIGHTS - NOVEMBER 23 THROUGH DECEMBER 29, 1998 - $36,000 (37) City Administrator Wilson submitted a staff report dated September 23, 1998, regarding the waiver of fees requested by the Easter Seal Society of the Inland Counties for their Fantasy of Lights production. REFUND - TEMPORARY USE PERMIT FEE - RONALD MCDONALD HOUSE - MINI GRAND PRIX RACE & CAR SHOW - $308 (42) Michael Hays, Director of Development Services, submitted a staff report dated September 22, 1998, regarding refund of the Temporary Use Permit fee as requested by the Ronald McDonald House. City Administrator Wilson explained that up until approximately one year ago the Council routinely granted requests for waiver of fees; however, during the 1997/98 budget crunch that policy changed and requests were routinely denied. He stated that the policy issue needed to be addressed at this time. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the policy regarding waiver of fees be referred to the Legislative Review Committee; and that Agenda Item Nos. 35, 36, 37, and 42 be continued to the Mayor and Council meeting of October 19, 1998. Council Member Devlin removed his second. The motion failed for lack of a second. Brian Bost, President/CEO, Easter Seal Society of the Inland Counties, submitted a document titled, "1998 FANTASY OF LIGHTS, Electricity Evaluation, San Bernardino Stadium," and noted that continuation of the matter would impose a tight time schedule for preparing for the Fantasy of Lights. 16 10/5/1998 Mayor Valles requested City Administrator Wilson to continue to work with Mr. Bost on this matter, in view of the fact that the Council appeared amenable to changing the policy. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the policy regarding waiver of fees be referred to the Legislative Review Committee; and that Agenda Item Nos. 35, 36, 37, and 42 be continued to the Mayor and Council meeting of October 19, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MANAGEMENT & MARKETING - SAN BERNARDINO STADIUM AND/OR CALIFORNIA THEATER - BIG RED APPLE (38) Fred Wilson, dated September 28, the San Bernardino Ci ty Administrator, 1998, regarding the Stadium. submitted a staff report management and marketing of Mr. Wilson noted that the Mayor and Council had approved issuance of a Request for Qualifications in June 1998 for management of the stadium, and Mr. Bob Lewis had submitted two proposals--one for management and marketing services for the stadium and one for management and marketing of both the stadium and the California Theater. Bob Lewis, President, Big Red Apple, 650 South "E" Street, San Bernardino, CA, spoke to the Council regarding his qualifications, explained his proposals and answered questions regarding same. Council Member Devlin stated he was impressed with Mr. Lewis' accomplishments--that he has a track record of making money, and he believed Mr. Lewis could do a good job for the City. Council Member Schnetz stated that he would like to see the Council explore looking for someone who sees the stadium as an asset and has capital to invest to produce their shows in San Bernardino, which would result in a profit split with the City for letting them use the stadium, rather than hiring a marketing agent. Council Member Arias stated that she was not prepared to vote for a contract or agreement with this company at the present time. Judi Penman, Executive Director, San Bernardino Area Chamber of Commerce, spoke in support of Mr. Lewis, stating that she was sure he could fulfill his contract. Council Member Devlin made a motion, seconded by Council Member Anderson, that staff be directed to negotiate with Big Red Apple for management and marketing services for both the San Bernardino Stadium and the California Theater. 17 10/5/1998 The motion carried by the followlng vote: Members Estrada, Lien, Schnetz, Devlin, Anderson. Member Arias. Absent: Council Member Miller. Ayes: Nays: Council Council CITY ADMINISTRATOR WILSON & CITY ATTORNEY PENMAN EXCUSED At 11:32 a.m., City Administrator Wilson and City Attorney Penman left the Council meeting and were replaced by Development Services Director Hays and Deputy City Attorney Empeno, respectively. 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. (Continued from September 21, 1998) Final (47) Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 2, 1998, in the Council Chambers of City Hall, 300 North "Dn Street, San Bernardino, California. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:35 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. APPEAL HEARING CONDITIONAL USE PERMIT NO. 98-06 VARIANCE NO. 98-02 - ESTABLISH INDOOR STORAGE FACILITY & OUTDOOR VEHICLE IMPOUND YARD SETBACK & FENCE/WALL HEIGHT VARIANCES - 197 SOUTH "D" STREET - JOHN JENSEN (48) Michael Hays, Director of Development Services, submitted a staff report dated September 24, 1998, regarding an appeal of the Planning Commission'S approval of Conditional Use Permit No. 98-06 and Variance No. 98-02. City Attorney Penman submitted a memorandum dated October 1, 1998, addressed to the Mayor and Common Council regarding the "Appeal of CUP 98-06 and Variance 98-02; 197 South "D" Street," wherein he provided background information as to why he was declaring a conflict of interest and asking Special Counsel Sabo to advise the Mayor and Council regarding this matter. CITY ATTORNEY PENMAN EXCUSED At 11:37 a.m., City Attorney Penman left the Council meeting and was replaced by Special Counsel Sabo. 18 10/5/1998 Director Hays informed the Council that the property owner had paid the required fees and submitted a letter requesting that the matter be continued to November 2, 1998, as their attorney was unavailable until that date. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SPECIAL COUNSEL SABO EXCUSED At 11:40 a.m., Special Counsel Sabo left the Council meeting and was replaced by Deputy City Attorney Empeno. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (49) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DEPUTY CITY ATTORNEY EMPENO & DEVELOPMENT DIRECTOR HAYS EXCUSED At 11: 41 a. m., Deputy City Attorney Empeno and Development Director Hays left the Council meeting and were replaced by City Attorney Penman and City Administrator Wilson, respectively. APPROVE - 1998 TRIENNIAL EMPLOYEE COMMUTE REDUCTION PLAN (RIDESHARE) - CITY HALL & CITY YARD SITES (39) Teri Baker, Administrative Analyst II, City Administrator's Office, submitted a staff report dated September 29, 1998, regarding the City's Triennial Employee Commute Trip Reduction Plan. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the City's 1998 Triennial Employee Commute Reduction Plan for City Hall and the City Yard sites be approved. 19 10/5/1998 RES. 98-292 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN SECOND AMENDMENT TO MUTUAL RELEASE AND SETTLEMENT AGREEMENT (FELDKAMP). (40) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-292 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. RES. 98-293 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NEW WEST SIGNAL FOR INSTALLATION OF PEDESTRIAN CROSSING ON MT. VERNON AVENUE AT JOHNSON STREET PER PLAN NO. 9828. (41) Council Member Arias made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-293 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. RES. 98-294 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A SERVICE AGREEMENT AND PURCHASE ORDER TO ARROW POWER SWEEPING FOR MAINTENANCE SERVICES FOR ONE YEAR WITH OPTIONS FOR TWO ONE-YEAR EXTENSIONS TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (43) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 98-294 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Devlin, None. Absent: Council Member Miller. AUTHORIZE ESTABLISHMENT FIRE DEPARTMENT PLANNING STANDARDS AD HOC COMMITTEE - APPOINT COMMITTEE MEMBERS (44) Fire Chief Pitzer submitted a staff report dated September 21, 1998, regarding the establishment of a Fire Department Planning Standards Ad Hoc Committee and appointment of the committee members. 20 10/5/1998 The following individuals were recDmmended for appointment to the Fire Department Planning Standards Ad Hoc Committee: Councilwoman Esther Estrada Councilwoman Susan Lien Fire Commissioner Richard Caldwell Fire Commissioner Lawrence Veres Philip M. Savage, Attorney at Law Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Fire Department Planning Standards Ad Hoc Committee be established and appoint the members as recommended by the Mayor. AUTHORIZE BUDGET AMENDMENT - SUPPORT & DEFRAY OPERATING EXPENSES POLICE DEPARTMENT CHAPLAINCY PROGRAM INCREASE FY 1998/99 ASSET FORFEITURE DRUG/GANG EDUCATION BUDGET - $12,000 (45) Chief of Police Lee Dean submitted a staff report dated September 22, 1998, regarding an increase of $12,000 to the fiscal year 1998/99 Asset Forfeiture Drug/Gans; Education budget account. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to increase the fiscal year 1998/99 Asset Forfeiture Drug/Gang Education budget by $12,000 as outlined in the staff report dated September 22, 1998, from Lee Dean, Chief of Police. RECESS MEETING At 11: 50 a. m., the j oint regular meeting of the Mayor and Common Council and Community Development Commission recessed to a luncheon workshop with City department heads in the Management Information Center, Sixth Floor, City Hall, to discuss broad-based City issues and goal setting. RECONVENE MEETING At 12:07 p.m., Mayor Valles recDnvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Management Information Center of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson; City Attorney Penman, Deputy City Clerk Medina, City Administrator wilson. Absent: Council Member Miller. Also present: City department heads and other staff members. 21 10/5/1998 LUNCHEON WORKSHOP - CITY ISSUES & GOAL SETTING - SOLUTION STRATEGIES, INC. (46) Mayor Valles noted that the City had condensed into three months what is usually a year-long process, and although some glitches could be expected, a plan had been finalized. She noted that the plan would be flexible, and staff would use the plan to evaluate their progress in obtaining their goals. Dan and Linda Mitrovich, Solution Strategies, Inc., provided an overview of Study Sessions I-III and the objectives for the luncheon workshop. They distributed and reviewed with the Mayor, Council, and staff a booklet titled, "Setting the Course for the All-American City", Priorities and Goals for the City of San Bernardino, dated October 5, 1998. The Council and staff suggested some minor changes, and it was the consensus of the Mayor and Council that the finalized document would be signed by all participants at the Mayor and Council meeting of October 19, 1998. COUNCIL MEMBER LIEN EXCUSED At 1:07 p.m., Council Member Lien left the luncheon workshop. A second document was distributed for staff to review at their convenience titled, "Setting the Course for the All-American City", Developing the Plan for Goals Implemen~ation, 'THE PLAN' for the City of San Bernardino, dated October 5, 1998. Mrs. Mitrovich stated that the next step would be for staff to formulate a plan to accomplish the goals set forth in this document. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried. that the Mayor and Council adopt the Shared Values, Vision, Mission Statement, and Recommended Goals, (as contained in the "Setting the Course for the All- American City" document), as amended by the Council and staff; and that the Mayor and Council sign the Commitment Statement. RECESS LUNCHEON WORKSHOP At 1:27 p.m., the luncheon workshop recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:06 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Arias, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Lien, Miller. 22 10/5/1998 COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:06 p.m., Chairwoman Valles called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. FIRST PUBLIC HEARING FIFTH YEAR ACTION PLAN CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (Continued from September 21, 1998) (R51) Mayor Valles opened the hearing. Walter Hawkins, Director of Research and Policy Analysis and Undergraduate Studies, California State University, San Bernardino, expressed concern that no money is provided to support and help various organizations throughout the community to write and submit grant applications for funds they may be entitled to receive. RES. 98-295 - 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. (R51) Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council begin the Fifth Year Action Plan process, accept comments and views of residents, public agencies and other interested parties on community needs and on the Draft Consolidated Annual Performance and Evaluation Report for 1997-98, which contains annual performance reports for the Community Development Block Grant, HOME Investment Partnership Act and Emergency Shelter Grant Programs; and that staff be authorized to submit the final report to the United States Department of Housing and Urban Development for review and approval; and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Schnetz, Devlin, Anderson. Nays: None. Lien, Miller. No. 98-295 was adopted by Members Estrada, Arias, Absent: Council Members MAYOR VALLES EXCUSED At 2:13 p.m., Mayor Valles left the dias, stating that she was on the San Bernardino Symphony Orchestra Board of Directors, and the duties of Mayor Pro Tern were assumed by Council Member Arias. 23 10/5/1998 AUTHORIZE LOAN - $175,000 SAN BERNARDINO SYMPHONY ORCHESTRA - (R54) Ann Harris, Executive Director, Main Street, submitted a staff report dated September 23, 1998, regarding a request from the San Bernardino Symphony Orchestra for a five-year loan in the amount of $175,000. Council Member Estrada made a motion, seconded by Council Member Anderson, that the matter be referred to the Redevelopment Committee meeting of October 12, 1998, and continued to the Mayor and Common Council/Community Development Committee meeting of October 19, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Estrada, Arias, Devlin, Anderson. Nays: Schnetz. Absent: Council Members Lien, Miller. Ayes: Council Council Member MAYOR VALLES RETURNED At 2:15 p.m., Mayor Valles returned to the Council meeting and took her place at the Council table. COUNCIL MEMBER ESTRADA EXCUSED At 2:15 p.m., Council Member Estrada left the Council meeting. AUTHORIZE CONTRACT - SINGLE-FAMILY REHABILITATION LOAN PROGRAM - PROJECT 96-212 - FIRST FEDERAL SAVINGS & LOAN ASSOCIATION - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - $100,000 (R52) Ronald Winkler, Development Director, submitted a staff report dated September 24, 1998, regarding a contract with First Federal Savings and Loan Association for an FHA Title I Rehabilitation Loan Program. Council Member Arias made a motion, seconded by Council Member Devlin, and unanimously carried, that the Community Development Commission authorize a one-year contract with First Federal Savings and Loan Association for an FHA Title I Rehabilitation Loan Program, as a component of the Community Development Block Grant funded Single-Family Rehabilitation Loan Program. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS CONSOLIDATED PLAN PROJECTS 97-229 & 98-219 FIRE EQUIPMENT INCREASE PURCHASE ORDER PIERCE MANUFACTURING - $63,100 (R53) Ronald Winkler, Development Director, submitted a staff report dated September 24, 1998, regarding an increase to the purchase order associated with Community Development Block Grant Project Nos. 97-229 and 98-219 for fire equipment. 24 10/5/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize an increase to Purchase Order 13777 in the amount of $63,100 to cover change orders and integrated radio equipment, for an amended not-to-exceed amount of $1,965,000. APPROVE - PROPOSED CHANGES - MORTGAGE ASSISTANCE PROGRAM (MAP) - REIMBURSE - ALVAREZ & ASSOCIATES - $18,000 REHABILITATION OF PROPERTIES FORMERLY OWNED BY HOUSING SOLUTIONS, INC. (R56) Ronald Winkler, Development Director, submitted a staff report dated September 30, 1998, regarding proposed changes to the Mortgage Assistance Program and reimbursement to Alvarez and Associates for rehabilitation costs of property formerly owned by Housing Solutions, Inc. Director Winkler provided a synopsis of the Mortgage Assistance Program and the recommended changes. He stated that page 2 of the staff report should be corrected as follows: Household Income for a MAP Loan of 10% of Sales Price should be "Up to 120% of the median income." The staff report erroneously stated 1160% below. II Council Member Arias made a motion, seconded by Council Member Devlin, and unanimously carried, that the Community Development Commission authorize the modification of the Mortgage Assistance Program guidelines to allow the Executive Director of the Economic Development Agency the authority to approve up to 20 percent in mortgage assistance when extenuating circumstances require; and that the Community Development Commission authorize the reimbursement of up to $18,000 to Alvarez and Associates for costs associated with rehabilitation of four properties formerly owned by Housing Solutions, Inc. APPROVE MODIFICATION - REHABILITATION LOAN POLICIES & PROCEDURES MANUAL SINGLE-FAMILY REHABILITATION LOAN PROGRAM - RESTRUCTURING LOANS (R57) Ronald Winkler, Development Director, submitted a staff report dated September 30, 1998, regarding modifications to the Rehabilitation Loan Policies and Procedures Manual relative to restructuring loans. Council Member Anderson made Member Devlin, and unanimously Development Commission approve Rehabilitation Loan Policies and restructuring loans. a motion, seconded by Council carried, that the Community the modifications to the Procedures Manual related to 25 10/5/1998 RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1 & 27) (1,R50,R55) At 2:19 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957: Public Emplovment/Public Employee Appointment Appointment: Director of Housing & Community Development E. Conference with real properl:y negotiator pursuant to Government Code Section 54956.8: Property Address: 655 W. Rialto Avenue Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Federal General Services Administration Under Negotiation: Terms, price and conditions CLOSED SESSION At 2:19 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Arias, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Estrada, Lien, Miller. Also present: Development Director Winkler. CITY ATTORNEY PENMAN ARRIVED At 2:28 p.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER LIEN ARRIVED At 2:31 p.m., Council Member Lien arrived at the closed session. DEVELOPMENT DIRECTOR WINKLER EXCUSED At 2:47 p.m., Development Director Winkler left the closed session. 26 10/5/1998 ADJOURN CLOSED SESSION At 3: 08 p. m., the closed session adj ourned to the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Executive Director Van Osdel. Absent: Council Members Estrada, Miller. PROPOSED LEASE AGREEMENT GENERAL ADMINISTRATION - IMMIGRATION & NATURALIZATION BUILDING (Continued from September 21, 1998) SERVICES SERVICES (R50) Development Director Winkler submitted a October 1, 1998, regarding the proposed lease General Services Administration for the Naturalization Services Building. staff report dated agreement with the Immigration and Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council/Commu:-lity Development Commission meeting of October 19, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: Although Council Member Anderson was present, she failed to register a vote. ) CLOSED SESSION ANNOUNCEMENT meeting - pages 1 & 26) (Discussed earlier in the (1) Gary Van Osdel, Executive Director, Economic Development Agency, announced that the Mayor and Common Council had approved the appointment of Margarita Pacheco to the position of Director of Housing and Community Development, Range 4125, Step E, to be effective November 2, 1998. APPROVE - REORGANIZATION - ECONOMIC DEVELOPMENT AGENCY (R55) Gary Agency, regarding Van Osdel, Executive Director, submitted a staff report dated reorganization of the agency. Economic September Development 29, 1998, RES. 5558 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENTS TO EXHIBIT "A," EXHIBIT "B" AND SECTION 32 OF THE PERSONNEL POLICIES AND PROCEDURES FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. (R55) 27 10/5/1998 Council Member Devlin made a mot:ion, seconded by Council Member Anderson, that the Community Development Commission adopt the proposed organizational chart for the City of San Bernardino Economic Development Agency; and that said resolution be adopted. The motion carried, following vote; Ayes; Devlin, Anderson. Nays: Miller. and Resolution No. 5558 was adopted by the Council Members Lien, Arias, Schnetz, None. Absent: Council Members Estrada, ADJOURNMENT (58) At 3:10 p.m., the meeting was adjourned. The next regular meeting of the Mayor and Common Council/Community Development Commission will be held at 8:00 a.m., Monday, October 19, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By '~H~Yt~ Deputy City Clerk No. of Items: 58 No. of Hours: 6.5 hours 28 10/5/1998