Loading...
HomeMy WebLinkAbout10-19-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 19, 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 19, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Arias, Miller. RECESS MEETING - CLOSED meeting - page 15) At 8:07 a.m., the Development Commission following: Mayor and recessed SESSION - (Discussed later in the (1) Common Council and Community to closed session for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): patricia Anqiollilo vs. San Bernardino Mobile Home Board. et al. San Bernardino Superior Court Case No. SCV 51401; Anna L. Gerlach vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 49781; Alda Mirta Varqas. et al. vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 42051. 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. 1 10/19/1998 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: Property Address: 655 W. Rialto Avenue Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Federal General Seryices 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 City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Arias, Miller. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Easland and Barnes and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. 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 ESTRADA ARRIVED At 8:10 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY BARNES EXCUSED At 8: 14 a.m., Deputy City Attorney Barnes left the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 8:16 a.m., Deputy City Attorney Easland left the closed session. 2 10/19/1998 ADJOURN CLOSED SESSION At 8:29 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:05 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, ci ty Clerk Clark, City Administrator wilson. Absent: Council Members Arias, Miller. INVOCATION The invocation was given by Pastor Linda Toussaint of the Restorer of Life Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENT - DAEL STRANGE - SAN BERNARDINO CONVENTION AND VISITORS BUREAU - BOARD OF DIRECTORS - MAYOR VALLES (NE1) Mayor Judith Valles submitted a staff report dated October 16, 1998, concerning the appointment of Dael Strange to the San Bernardino Convention and Visitors Bureau Board of Directors, as requested by Mayor Valles. Council Member Devlin made Member Anderson, and unanimously appointment of Dael Strange arose agenda. a mo::.ion, seconded by Council carried, that the matter of the subsequent to the posting of the Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Dael Strange to the San Bernardino Convention and Visitors Bureau Board of Directors be approved, as requested by Mayor Valles. APPOINTMENTS - BOARD OF FIRE COMMISSIONERS - COMMUNITY TELEVISION COMMISSION - FINE ARTS COMMISSION - COUNCIL MEMBERS LIEN, DEVLIN & ANDERSON (2A-C) Mayor Valles submitted staff reports dated October 14, 1998, requesting the appointment of James Tate to the Board of Fire Commissioners, Barbara L. Sky to the Community Television Commission and Margaret Spencer to the Fine Arts Commission, as requested by Council Members Lien, Devlin and Anderson, respectively. 3 10/19/1998 Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointments of James Tate, Barbara L. Sky and Margaret Spencer be approved, as requested by Council Members Lien, Devli.n and Anderson. SIGNING CEREMONY SETTING THE COURSE FOR THE ALL- AMERICAN CITY - SHARED VALUES, GOALS, VISION & MISSION STATEMENT - MAYOR & COUNCIL AND DEPARTMENT HEADS (3A) The Mayor and Council and departments heads participated in a signing ceremony setting the course for San Bernardino becoming the "All-American City." Mayor Valles read the city's vision and mission statement, shared values and common goals. RECESS MEETING/RECEPTION At 9:24 a.m., Mayor Valles declared a twenty-minute recess for the conduct of a reception. RECONVENE MEETING At 9: 45 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 City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle, ci ty Clerk Clark, City Administrator wilson. Absent: Council Members Arias, Miller. PROCLAMATION - OCTOBER 1998 - NATIONAL ARTS & HUMANITIES MONTH (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming Ootober 1998 as "National Arts and Humanities Month" within the City of San Bernardino. Mildred McKim, Chairwoman of the Fine Arts Commission, accepted the proclamation. PROCLAMATIONS - OCTOBER 17-25, 1998 AS SECOND CHANCE WEEK - OCTOBER 24, 1998 AS MAKE A DIFFERENCE DAY (3) Teri Rubi, Executiye Assistant to the Mayor, read resolutions proclaiming October 17-25, 1998 as "Second Chance Week" and October 24, 1998 as "Make A Difference Day" within the City of San Bernardino. Susan Patane from Norcal accepted the proclamations. 4 10/19/1998 PROCLAMATION - NOVEMBER 15, 1998 - AMERICA RECYCLES DAY (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming November 15, 1998 as "America Recycles Day" within the City of San Bernardino. Lynn Merrill, Solid Waste Manager, Public Services Department, accepted the proclamation. COMMENDATION - ANDREW A. HERNANDEZ - OWNER & PRESIDENT OF ARID CONSTRUCTION TECHNOLOGIES, INC. - RECIPIENT OF THE 1998 MINORITY SMALL BUSINESS PERSON OF THE YEAR AWARD - UNITED STATES SMALL BUSINESS ADMINISTRATION (3) Teri Rubi , Executive Assistant to the Mayor, acknowledged that Andrew A. Hernandez, President and Owner of Arid Construction Technologies, Inc., was the recipient of the 1998 Minority Small Business Person of the Year Award presented by the United States Small Business Administration. In recognition of such, Mayor Valles presented Mr. Hernandez with a Certificate of Commendation. Mr. Hernandez accepted the commendation and explained the key elements of a visionary company. CERTIFICATE OF APPRECIATION "WESTSIDE WALLY" SIXTH WARD MEMORIAL FOR MINDY FLORES GUADALUPE GARCEZ AKA UNITY DEDICATION OF (3) Council Member Anderson presented a Certificate of Appreciation to Guadalupe Garcez aka "Westside Wally" for his efforts in establishing a memorial to Mindy Flores who lost her life as a result of cross fire. Mr. Garcez was acknowledged for his many hours of community service and for inspiring unity within the Sixth Ward. Anyone interested leading to the memorial at 886-3653. in purchasing a brick for the walkway for Mindy Flores, can call Westside Wally Mr. Garcez accepted the Certificate of Appreciation. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Ricky Winn Erlinda Nery Department Fire Parks, Recreation & Community Services Years of Service 20-year pin 5-year pin 5 10/19/1998 Robert Sullivan Police 5-year pin Wesley Farmer Police 25-year pin Ray Williams, Sr. Public Services 10-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada congratulated Wally Garcez, Neighborhood Housing Services, and Guadalupe Church Services for their efforts in coordinating the Neighborhood Pride Day event held on Saturday, October 17, 1998, and stated that 100-150 people had participated. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she hopes nobody would underestimate the symbolic meaning of the signing ceremony and she had the opportunity to be out on patrol with the Distressed Neighborhood Team. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz thanked the staff and the Mayor and Council for their efforts in the real~zation of the established goals and mission/vision statements whcch would ultimately bring revitalization to the city. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that the widening of Little Mountain, Kendall and "E" Street should be completed within 6-7 weeks and encouraged the patience of all affected parties. He also acknowledged the efforts of the city's safety personnel. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson acknowledged the spirit of revivalism noted throughout the city and thanked all those associated with such. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) Ci ty Administrator Wilson reassured the public that staff would be working on the measures adopted by the Mayor and Council. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark extended get-well wishes to David McCammack, fellow Rotarian and Member of the San Bernardino Convention and 6 10/19/1998 Visitors Bureau; and reminded the public that November 3, 1998 is Election Day. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles read and submitted into the record a letter of resignation dated October 16, 1998, from Third Ward Council Member Rita Arias. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested a report on the city's slurry seal and rehabilitation projects, urged that the public have input on project alternatives and the establishment of priorities and submitted a letter dated October 19, 1998, relative to such. He requested that the information entreated from Development Services Director Hays be presented to him and that the matter of the improvement of infrastructure be placed on a future agenda of the Mayor and Council. PUBLIC COMMENTS - PASTOR VERNON G. SHAW (5) Pastor Vernon G. Shaw of Prayer Mission Christian Outreach Ministry submitted a letter dated October 19, 1998, requesting financial assistance and reiterated his request. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, 985 W. Kendall Drive, San Bernardino, CA, stated that early voting would take place at the Registrar of Voters Office on October 24 and October 31, 1998 from 9:00 a.m. to 3:00 p.m. and expressed concern that the San Bernardino Regional Water Authority would supersede the voters' mandate that assessments be approved by the voters. PUBLIC COMMENTS - ED MONCRIEF (5) Ed Moncrief, Director of Neighborhood Housing Services of the Inland Empire, expressed appreciation to the businesses and residents of the city who contributed to the success of the neighborhood cleanup day held on Saturday, October 17, 1998. He stated that 16 lots were cleared and 16 houses were painted. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1483 E. Davidson Street, voiced his desire to secure a candidate for would be willing to represent its citizens. San Bernardino, CA, the Third Ward that 7 10/19/1998 ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark explained that the candidate for the Third Ward would fill the unexpired term of office and a special election would need to be called within 30 days of such vacancy. The election would need to be conducted not less than 90 days nor more than 135 days after such vacancy. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion, seconded by Council Member Estrada, 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. MINUTES (7) Council Member Anderson made a motion, seconded by Council Member Estrada, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved, as submitted in typewritten form: September 8, 1998; September 14, 1998; September 22, 1998. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. (Note: Council Member Devlin abstained from voting on the minutes of September 8, 1998.) PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated October 12, 1998, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified. RES. 98-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (9) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid. The motion carried and Resolution No. 98-296 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, 8 10/19/1998 Devlin, Vacant: Anderson. Nays: Third Ward. None. Absent: Council Member Miller. RES. 98-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed Abatements) (10) RES. 98-298 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING LEASE-PURCHASE FINANCING OF FIRE APPARATUS FROM GE CAPITAL. (11) RES. 98-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE AND A SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE INLAND CENTER DRIVE AND RIVERWALK DRIVE AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1024, PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (16) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 98-297, 98-298 and 98-299 were adopted by the following vote: Ayes: Council Membel's Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. RES. 98-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EMCON TO PERFORM GROUND WATER MONITORING AT THE FORMER WATERMAN LANDFILL SITE. (12) Lynn Merrill, Solid Waste Manager, Public Services Department, answered questions regarding the improvements to the site, property owner and the monitoring requirements imposed on the city. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Ayes: Nays: Resolution No. 98-300 was adopted by the following vote: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. None. Absent: Council Member Miller. Vacant: Third Ward. 9 10/19/1998 RES. 98-301 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CDE RESOURCES, INC., FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON MILL STREET BETWEEN LENA ROAD AND TIPPECANOE AVENUE PER PLAN NO. 9487. (13) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if sidewalks were a part of the street improvements. Development Services Director Hays answered questions regarding the street improvements on Mill Street between Lena Road and Tippecanoe Avenue. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98 -301 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. RES. 98-302 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DOUG MARTIN CONTRACTING COMPANY, INC. , FOR PAVEMENT REHABILITATION BY SLURRY SEAL METHOD, PHASE V, 27TH STREET TO EDGEHILL BETWEEN MUSCUPIABE DRIVE AND LITTLE MOUNTAIN; AND 5TH STREET TO BASE LINE BETWEEN TERRACE ROAD AND MERIDIAN AVENUE. (14) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired about the cost per mile and questioned why the information is not provided in the staff report. He also recommended that the repavement of streets be accomplished via a chrome repair. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-302 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. APPROVE PLAN NO. 9726 - WIDEN BRIDGE - RIALTO AVENUE AT TWIN CREEK - AUTHORIZE ADVERTISEMENT FOR BIDS (15) Michael Hays, Director of Development Services, submitted a staff report dated October 1, 1998, concerning the bridge widening at Rialto Avenue and Twin Creek. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if the project included sidewalks. Director Hays answered questions regarding the funds allocated for contingencies on public work projects. 10 10/19/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Finance be authorized to amend the fiscal year 1998/99 budget and increase the appropriation in the 1/2 Cent Sales Tax Fund by $150,000 for Project No. 129-367-5504-7064 (Rialto Avenue at Twin Creek widen Bridge); and that the Director of Development Services be authorized to advertise for bids for bridge widening at Rialto Avenue and Twin Creek in accordance with Plan No. 9726. RES. 98-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR THE FINE ARTS RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1998/99. (17) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if a lift could be installed on the stage located at the Sturges Center. Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-303 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. DIVISION REORGANIZATION - FACILITIES MANAGEMENT - DELETE TELEPHONE SYSTEMS COORDINATOR POSITION ESTABLISH ADMINISTRATIVE ANALYST I POSITION (18) Edward Raya, Director of Human Resources, submitted a staff report dated October 12, 1998, concerning the deletion and establishment of positions within the Facilities Management Division. Council Member Anderson made a motion, seconded by Council Member Lien, 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. PUBLIC HEARING - IMPOSE LIENS - PARCELS OF PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (19) Rachel Clark, City Clerk, submitted a staff report dated October 1, 1998, concerning the imposition of liens for uncollected business registration fees. Mayor Valles opened the hearing. No public comments were received. 11 10/19/1998 RES. 98-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (19) Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. . The motion carried and Resolution No. 98-304 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. PUBLIC (COPS) 1998/99 HEARING CITIZENS' OPTION FOR PUBLIC SAFETY 1998 GRANT - EXPENDITURE PLAN - FISCAL YEAR (20) Lee Dean, Chief of Police, submitted a staff report dated September 23, 1998, concerning the Fiscal Year 1998/99 Expenditure Plan for the Citizens' Option for Public Safety (COPS) 1998 Grant. Mayor Valles opened the hearing. Captain Robert Curtis explained how the grant funds would be utilized and answered questions relative to such. Council Member Devlin commended Captain Curtis for his work in securing the grants. RES. 98-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE PROPOSED CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) EXPENDITURE PLAN FOR FY 1998/99, SUBMITTED BY THE CHIEF OF POLICE. (20) Council Member Anderson made a motion, seconded by Council Member Estrada, that the hearing be closed; that the Police Department's proposed expenditure plan for the Citizens Option for Public Safety (COPS) Program for fiscal year 1998/99 be ratified; and that said resolution be adopted. The motion carried and Resolution No. 98-305 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. WAIVE FEES - $2,000 - USE OF SAN BERNARDINO STADIUM - EAST VALLEY SPECIAL EDUCATION LOCAL PLAN AREA - ASSISTIVE TECHNOLOGY & EDUCATIONAL SOFTWARE VENDOR FAIRE - OCTOBER 30, 1998 (Continued from October 5, 1998) (21) 12 10/19/1998 Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, expressed concern regarding the utilization of the stadium for something other than its intended use. City Administrator Wilson explained that the Council has recommended that perimeters be established to determine which requests would be granted and a policy would be forthcoming. Council Member Devlin made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $2,500 from the East Valley Special Education Local Plan Area for an Assistive Technology and Educational Software Vendor Faire on October 30, 1998, be denied. Gerald J. Steffens, Administrator, East Valley Special Education Local Plan Area, submitted documentation highlighting the October 30, 1998 faire and explained which costs the vendor fees would absorb and respectfully requested that the waiver of fees be granted. Council Member Devlin and Anderson withdrew their motion. Concern was expressed relative to the fact that the stadium is currently operating under a deficit. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the request for a waiver of fees in the amount of $2,000 from the East Valley Special Education Local Plan Area for an Assistive Technology and Educational Software vendor Faire on October 30, 1998, be approved with the deposit of the damage bond and cleaning deposit; and if a budget surplus is realized, said organization is to refund the $2,000 to the city. WAIVE FEES - $2,750 - USE OF SAN BERNARDINO STADIUM - SAN BERNARDINO COUNTY RED RIBBON COMMITTEE - OCTOBER 24, 1998 - POST RED RIBBON PARADE ACTIVITIES - (Continued from October 5, 1998) (22) Council Member Estrada made a motion, seconded by Council Member Schnetz, and unanimously carried, that the request for a waiver of fees in the amount of $2,500 from the San Bernardino Red Ribbon Committee for use of the San Bernardino Stadium and $250 for rental of the portable stage trailer for the post Red Ribbon Parade activities on October 24, 1998, be approved. WAIVE FEES - $36,000 - SAN BERNARDINO STADIUM PARKING LOT - FANTASY OF LIGHTS EVENT - MONTH OF DECEMBER - EASTER SEAL SOCIETY OF THE INLAND COUNTIES - (Continued from October 5, 1998) (23) 13 10/19/1998 Ci ty Administrator Wilson explained that the Easter Seal Society would be responsible for the additional electrical costs. Brian Bost, President/CEO of the Easter Seal Society of the Inland Counties, thanked the Mayor and Council for their continued support. Council Member Devlin made a mot.ion, seconded by Council Member Anderson, and unanimously carried, that the request for a waiver of fees in the amount of $36,000 from the Easter Seal Society of the Inland Counties for the "Fantasy of Lights" event scheduled at the San Bernardino Stadium parking lot during the month of December 1998, be approved. REFUND REQUEST - $308 - TEMPORARY USE PERMIT - RONALD MCDONALD HOUSE MINI GRAND PRIX RACE & CAR SHOW - OCTOBER 4, 1998 - (Continued from October 5, 1998) (24) Council Member Anderson made a motion, Member Devlin, and unanimously carried, that Council approve the temporary use permit fee seconded by Council the Mayor and Common refund of $308. RECESS MEETING At 11:32 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. ~ RECONVENE MEETING At 2: 02 p. m., Mayor Valles reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. 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: 02 p. m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 14 10/19/1998 RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - page 1) (1) At 2:03 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section: E. Conference with real property 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 2:03 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following ~, being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. Also present: Director Winkler. City Administrator Wilson and Development ADJOURN CLOSED SESSION At 3:01 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3:01 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City ClerK Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. 15 10/19/1998 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 3:01 p.m., Chairwoman Valles reconvened 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. LEASE AGREEMENT - GENERAL SERVICES ADMINISTRATION (GSA) - CONSTRUCTION OF THE IMMIGRATIOK AND NATURALIZATION SERVICES (INS) BUILDING (Continued from October 5, 1998) (R25) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the previous action taken by the Mayor relative to the execution of a lease agreement with General Services Administration for the Immigration and Naturalization Services building be ratified. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that a public hearing be set for 2:00 p.m., Monday, November 16, 1998; and that the following criteria set forth in the outline of proposed developer issues for Economic Development Agency assignment of the General Services Administration lease for the Immigration and Naturalization Services facility be adopted, as noted herewith: 1) Developer to pay $ cash upon close of escrow for land purchase. 2) Deposit of $100,000 as a non-refundable deposit, to be applied to the purchase price; refundable only if the Community Development Commission does not approve the Disposition & Development Agreement. 3) Developer to provide completion bond or other surety bond to guaranty the completion of the project and to hold harmless and indemnify the Economic Development Agency (Agency) for any liabilities that may be incurred under the INS Lease Agreement by actions or inactions of the developer. 4) Developer to retain architect and engineers at its own costs and provide financing and equity without any financial assistance by the Agency in payment of fees, fee waivers or offsite public improvements. 5) Obligations of developer conditioned upon: (i) successful completion of Phase I environmental by EDA; (ii) completion of soils tests by EDA; and (iii) city providing all necessary land use entitlements for the site as of the close of escrow. 6) History of past involvement with GSA. 7) Track record of the proposed developer. 8) Assurance that the developer can meet time deadline. 9) Whether or not the developer has had a history of bankruptcy or insolvency. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that staff be instructed 16 10/19/1998 to go forward with the engineering services up to contracts. solicitation $50,000 and of architectural and authorize execution of AUTHORIZE COMMUNITY BERNARDINO 5, 1998) LOAN - $175,000 REINVESTMENT FUND SYMPHONY ORCHESTRA - FIVE YEAR AMORTIZATION - 8.625 PERCENT SAN (Continued from October (R26) MAYOR VALLES EXCUSED At 3:08 p.m., Mayor Valles declared a conflict of interest, left the council meeting and the duties of Mayor Pro Tern were assumed by Council Member Lien. Duke Hill, President of Association, requested that the statistics could be developed. the Inland matter be Empire continued Symphony so that Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the next Mayor and Council meeting. (Note: No date was specified since an adjourned meeting was anticipated.) MAYOR VALLES RETURNED At 3:10 p.m., Mayor Valles returned to the council meeting and took her place at the council table. RES. 98-306 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO JOHNSON EQUIPMENT COMPANY FOR THE PURCHASE AND DELIVERY OF TWO (2) FIRE COMMAND VEHICLES TO BE UTILIZED BY THE FIRE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F99-20. (R27) Note: The resolution was not distributed with the backup material and will not be available for reference. Fire Chief Pitzer answered questions regarding the utilization of funds. Council Member Anderson made a motion, seconded by Council Member Estrada, that the Mayor and Common Council/Community Development Commission approve the modification of the project to allow for the purchase, as well as the lease, of vehicles for the Fire Department. (CDBG Projects 97-229 and 98-219); and that said resolution be adopted. The motion carried and Resolution No. the following vote: Ayes: Council Members Devlin, Anderson. Nays: None. Absent: Vacant: Third Ward. 98-306 Estrada, Council was adopted by Lien, Schnetz, Member Miller. 17 10/19/1998 RES. 98-307 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN ASSOCIATE MEMBERSHIP AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. (R28) Executive Director Van Osdel explained that said membership would give the city the opportunity to offer moderate mortgage assistance to medium-income individuals. Senior Assistant City Attorney Carlyle stated that the city would be an associate member without any voting rights. Development Director Winkler answered questions regarding the correlation between this program and the Mortgage Assistance Program. David Smith, Executive Director of the Independent Cities Lease Financing Authority, answered questions concerning the Fresh Rate Program (101% Mortgage) . Council Member Anderson made a motion, seconded by Council Member Estrada, that the Community Development Commission authorize the Economic Development Agency to participate in the Independent Cities Lease Financing Authority Fresh Rate (101% Mortgage) Program; and that said resolution be adopted. The motion carried and Resolution No. 98-307 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. Vacant: Third Ward. AUTHORIZE - STATE PARKING STRUCTURE LEASE - CALTRANS - PUBLIC USE OF PARKING STRUCTURE (R29) Ronald Winkler, Development Director, submitted a staff report dated October 5, 1998 regarding a lease with Caltrans to allow for the public's use of the state's parking structure. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Community Development Commission approve the Caltrans Parking Structure Lease and authorize its execution by the Executive Director. AUTHORIZE PROPERTY LEASE - 1222 WEST 5TH STREET - DBA DON'S DRUGS - ZAYCO CORPORATION (R30) Ronald Winkler, Development Director, submitted a staff report dated October 5, 1998 concerning a lease with Zayco Corporation. Executive Director Van Osdel reviewed the results of the negotiations held with Zayco Corporation. 18 10/19/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize the execution of a lease, as prepared by the City Attorney with Zayco Corporation, containing the recommended business terms for the property located at 1222 West Fifth Street; and that the agreement be brought back for approval by the Commission. ADJOURN MEETING (31) At 3:23 p.m., the joint regular meeting was adjourned. The next regular meeting will be held on Monday, November 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~ ;j,4v. ~ zanna Cordova eputy Cl.ty Clerk No. of Items: 31 No. of Hours: 5 19 10/19/1998