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HomeMy WebLinkAbout12-07-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 7, 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 8:02 a.m., Monday, December 7, 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Vacant: Third Ward. RECESS MEETING - CLOSED SESSION meeting - pages 16 & 22) At 8:02 a.m., the Mayor and Development Commission recessed following: Common Counc i 1 and to closed session (Discussed later in the (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): State of California ex rul. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Lawrence Crain bv and throuqh Sharon McGill vs. City of San Bernardino, et al. - United States District Court Case No. CV 97-5227 SVW (CWx); City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Army) United States District Court Case No. CV 96-5205 MRP (Jgx); Manta Manaqement Corp., vs. City of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157) . B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. 1 12/7/1998 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:02 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, Miller; City Attorney Penman, City Clerk Clark, Ci ty Administrator Wilson. Absent: Council Member Estrada. Vacant: Third Ward. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Murad, and Josie Soria, Legal Secretary, City Attorney's Office; Water Department General Manager Kersey; and David L. Wysocki, Attorney at Law, Aklufi & Wysocki. 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 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 closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE ARRIVED At 8:37 a.m., Senior Assistant City Attorney Carlyle arrived at closed session. WATER DEPARTMENT GENERAL MANAGER KERSEY & SPECIAL COUNSEL WYSOCKI EXCUSED At 8:38 a.m., Water Department General Manager Kersey and Special Counsel Wysocki left the closed session. 2 12/7 /1998 ASSISTANT CHIEF HARP, SERGEANT KIMBALL, DETECTIVE ROCHA, & OFFICER JOHN, SAN BERNARDINO POLICE DEPARTMENT, ARRIVED At 8:38 a.m., Assistant Chief Harp, Sergeant Kimball, Detective Rocha, and Officer John of the San Bernardino Police Department arrived at closed session. ASSISTANT CHIEF HARP, SERGEANT KIMBALL, DETECTIVE ROCHA, & OFFICER JOHN, SAN BERNARDINO POLICE DEPARTMENT, EXCUSED At 8:51 a.m., Assistant Chief Harp, Sergeant Kimball, Detective Rocha, and Officer John of the San Bernardino Police Department left the closed session. ADJOURN CLOSED SESSION At 8: 58 a. m., the closed session adj ourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 01 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. INVOCATION The invocation was given by Reverend Kendall Baker, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Lien. CITY ATTORNEY PENMAN EXCUSED At 9:04 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PERFORMANCE BY STRING ENSEMBLE A string ensemble from San Gorgonio High School, directed by Mr. Cichocki, performed a few musical arrangements for the Mayor and Common Council. APPOINTMENTS - JOSEPH V. CONTAOI & ALEX ESTRADA - TRAFFIC SAFETY ADVISORY COMMITTEE - MAYOR VALLES (2) Mayor Valles submitted staff reports dated December 2, 1998, requesting the appointments of Joseph V. Contaoi and Alex Estrada to the Traffic Safety Advisory Committee. 3 12/7 /1998 Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments of Jose~h V. Contaoi and Alex Estrada to the Traffic Safety Advisory Commlttee, as requested by Mayor Valles, be approved. PRESENTATION - KEY CLUB - CAJON HIGH SCHOOL (3) Juanita Scott, Assistant to the Mayor, read a resolution commending the Key Club of Cajon High School for their meaningful service to the community and presented the resolution to members of the Key Club and their teacher, Donna Conant. PRESENTATION OKURA MC DONALD'S 50TH ANNIVERSARY ALBERT (3) Juanita Scott, Assistant to the Mayor, and Council Member Lien presented a resolution to Albert Okura in recognition of the 50th anniversary of the original McDonald's restaurant in San Bernardino. Mr. Okura, owner of the Juan Pollo restaurant chain, recently purchased the original McDonald's site on "E" Street to house his corporate offices, and intends to develop a museum of 50's, 60's and 70's memorabilia at this location. PRESENTATION - JAMES HOWELL - DIRECTOR OF PUBLIC SERVICES (3) Mayor Valles presented James Howell, Director of Public Services, a certificate and plaque of appreciation for his dedication and loyalty during the five years he served the citizens of San Bernardino. Mr. Howell is leaving the City of San Bernardino for a position with the City of Poway. PRESENTATION - ASSOCIATIONS DAY FREDDIE SPELLACY - NEIGHBORHOOD NOVEMBER 23, 1999 OFFICIAL CLUSTER FREDDIE (3) Mayor Valles announced that November 23 had been proclaimed as "Official Freddie Day," and she presented a "Key to the City" plaque to Freddie Spellacy thanking her for founding the Neighborhood Cluster Associations and for making a difference in San Bernardino. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 9:29 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles introduced Steve Henthorn, the new Executive Director of the San Bernardino Convention and Visitors Bureau; and commented on the success of the Christmas Tree Lighting ceremony and official restart of the Earl Buie Town Clock. 4 12/7/1998 The Mayor also thanked Dr. Van Voorhis for his participation and leadership in the YMCA Christmas Parade in which over 3,500 children participated. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman offered condolences to the family of Tony Hadden, who recently passed away. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin commented on the events that took place at Pearl Harbor 57 years ago, stating that we should all say a word of thanks to the men who fought that war. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that last week she attended several programs which gave applause and honor to many worthy citizens of San Bernardino, and while reflecting on these various activities she had a very good feeling that the city of San Bernardino is truly coming together as a body. She also noted that Morsell Johnson had recently suffered a heart attack and invited everyone to send get well cards. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz expressed gratitude to the Fire Department for their efforts in fighting the fire at Golden Valley Jr. High School; and stated that he was glad to see that Sergeant Rick Moyer of the Police Department had been recognized at the Police Officers Award Dinner for bringing back the canine program. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that several of the positive things taking place in San Bernardino, including the City's housing programs, were shared with over 2,000 Episcopalian delegates over the past weekend. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada commended Father Ray Rosales and Roy Caballero for being extremely proactive in community affairs. She announced that the Mt. Vernon Corridor Redevelopment Committee is meeting again and will be active in assisting the City with activities along the Mt. Vernon corridor. She also thanked Father Rosales for the candlelight vigil he organized at the Mt. Vernon park. 5 12/7 /1998 PUBLIC COMMENTS - ALBERT OKURA (5) Albert Okura, 1256 West Fifth Street, reminded everyone of the open house at the location on "E" Street, to be held Saturday, San Bernardino, CA, original McDonald's December 12. PUBLIC COMMENTS - ROSKO KIDWELL (5) Rosko Kidwell, 1398 North "E" Street, San Bernardino, CA, commented on the loudness of the Santa Fe whistle. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, thanked the Mayor and Council for the musical presentation by the students from San Gorgonio High School; thanked the Mayor for her article in The Sun relative to the City's priorities, vision, mission statement and goals; and thanked those Council Members who have shown support for the presentations he has given at the Council meetings. Mr. Neves commented on the he had seen an individual in a ramp on "E" Street near the entirely too steep. City's infrastructure, stating that wheelchair almost flip over on the parking structure because it is PUBLIC COMMENTS - DONNA CONANT (5) Donna Conant, staff advisor to the Key Club of Caj on High School, spoke regarding the activities of the club. The following members of the Key Club also addressed the Council: Lakeya Cherry, President; Helen Nguyen, Secretary; and Kimberly Jackson, Public Relations Committee. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, 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. CLAIMS & PAYROLL (7) Council Member Devlin 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 November 25, 1998, from Barbara Pachon, Director of Finance, be approved. 6 12/7/1998 ORD. MC-1036 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO SUSPENDING SECTION 2.56.195 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ELECTION VOLUNTARY EXPENDITURE CEILING. Final (9) Council Member Devlin made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance Ayes: Council Miller. Nays: No. MC-1036 was Members Estrada, None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (10) Council Member Devlin made a motion, seconded by Council Member Anderson, 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. 98-327 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: ITEM DELETED (There was no Item 13 on the agenda) (13) AUTHORIZE FILING - AMICUS CURIAE - EL DORADO IRRIGATION DISTRICT VS. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, ET AL. (14) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the City Attorney be authorized to file an amicus curiae brief in the matter of El Dorado Irriqation District v. California Reqional Water Oualitv Control Board. et al., Sacramento County Superior Court Case No. 98CS02533. PERSONNEL ACTIONS (8) Council Member Devlin inquired about the time line for filling the Director of Public Services position. City Administrator Wilson stated that approximately 90 days before they would candidate to the Council for approval. overall bring a it would be recommended 7 12/7/1998 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 November 20, 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. 98-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MALTON CONSTRUCTION FOR CONSTRUCTION OF HANDICAPPED ACCESS RAMPS - CITYWIDE - PER PLAN NO. 9863. (11) The Council expressed concern that the staff report was not readily understandable exact amounts coming from various sources for also inquired whether Community Development funds might be lost for use on projects such lengthy Planning process and discussed the identified for installation of the curb ramps. information in the and questioned the this project. They Block Grant (CDBG) as this due to the various locations Development Director Hays stated that an estimated 69 ramps would be installed in this project, including ramps at San Bernardino Valley College, Mt. Vernon Elementary School, Alessandro Elementary School, Casa Ramona Community Center, and San Bernardino High School. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired whether the City was following the guidelines he had distributed approximately two weeks prior. He stated that he has been unable to locate any ramps in San Bernardino that have complied with these guidelines. Director Hays stated that the City uses the guidelines set by the Americans with Disabilities Act (ADA) --not Caltrans guidelines. He added that there are to be no lips on all ramps constructed as of 1998. Mr. Neves stated that the new guidelines he distributed are in compliance with ADA regulations and noted that the new curb cuts on Orange Show Road have lips on the bottom of the curb ramps. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Council Member Estrada stated that she would abstain from voting due to the location of the projects. Resolution No. 98-328 was adopted by the following vote: Ayes: Council Members Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. Vacant: Third Ward. 8 12/7/1998 RES. 98-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING AUTHORIZATION TO EXECUTE SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH NATIONAL PLANT SERVI CES, INC., FOR SEWER CLEANING AND MAINTENANCE. (12) Council Member Estrada expressed concern relative to approving contracts without going out to bid and questioned how an agreement of $150,000 could be justified. City Administrator Wilson pointed out that this is contract for maintenance of sewer lines, and that contractors contacted were more expensive. an ongoing the other Development Director Hays noted that the original agreement provided for two one-year extensions of the contract upon mutual consent of the parties, and the provider was willing to extend for a second year at the rates fixed in the 1996 agreement. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 98-329 was adopted by the following vote: Members Estrada, Lien, Schnetz, Devlin, Anderson, None. Absent None. Vacant: Third Ward. APPROVE REORGANIZATION - MANAGEMENT INFORMATION SERVICES (MIS) DIVISION - ESTABLISH COMMUNICATIONS TECHNICIAN & PROGRAMMER-PUBLIC SAFETY POSITIONS (15) Edward Raya, Director of Human Resources, submitted a staff report dated November 18, 1998, regardir.g the reorganization of the Management Information Services (MIS) Division. Mr. Raya stated that the reorganization of Management Information Services was in part a result of the recent addition of Water Department responsibilities in MIS and that the Police Department had also requested an increase in service level. Janis Ingels, Director of Management Information Services, and City Administrator Wilson answered questions regarding the Year 2000 issue and the fact that it goes far beyond just computer problems. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that one (1) position of Communications Technician, Range 3361, $2,687-$3,266/month, be established; that the salary range for the Programmer Analyst be adjusted from Range 3439, $3,965-$4,819/month to Range 3449, $4,167-$5,065/month; that one (1) position of Programmer-Public Safety, Range 3383, $2,998-$3,645/month, be established; that the Department of Human Resources be directed to update Resolution 97- 9 12/7 /1998 352 and amend Resolution 6413, Section 5.5, to reflect this particular action; and that the Director of Finance be authorized to amend the fiscal year 1998/99 revenue and expenditure budget to reflect the transfer of $24,000 from the Police Evidence Impound Account to fund a Programmer as outlined in the staff report dated November 18, 1998, from Edward S. Raya, Director of Human Resources. APPROVE - SALARY UPGRADE - POLICE RECORDS TRANSCRIBER (16) Edward Raya, Director of Human Resources, submitted a staff report dated November 3, 1998, regarding a salary upgrade for the Police Records Transcriber position. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the following five- step salary range for Police Records Transcriber be adopted: $11.00; $11.55; $12.13; $12.71; $13.37/hour; that the hourly salary of all current City of San Bernardino Police Records Transcribers be increased to $11. OO/hour; and that the Department of Human Resources be directed to update Resolution 6413, Section 13, to reflect this particular action. PUBLIC HEARING - IMPOSE LIENS ON CERTAIN PARCELS OF REAL PROPERTY - LOCATED WITHIN CITY OF SAN BERNARDINO - UNPAID TRANSIENT LODGING TAXES (17) City Clerk Rachel Clark submitted a staff report dated November 12, 1998, regarding the imposition of liens on certain parcels of real property in the City of San Bernardino for unpaid transient lodging taxes. Mayor Valles opened the hearing. No public comments were received. RES. 98-330 - RESOLUTION OF IMPOSING LIENS ON CERTAIN LOCATED WITHIN THE CITY OF TRANSIENT LODGING TAXES. THE CITY OF SAN BERNARDINO PARCELS OF REAL PROPERTY SAN BERNARDINO FOR UNPAID (17) Council Member Miller 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 "An which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 98-330 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: 10 12/7/1998 PUBLIC HEARING ESTABLISH RIVERWALK DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 14706 INLAND CENTER DRIVE & & SEWER LIFT STATION (AD 1024) - TRACT NO. (18) Michael Hays, Development Services Director, submitted a staff report dated November 16, 1998, regarding the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and Sewer Lift Station Maintenance Assessment District. Mayor Valles opened the hearing. No public comments were received. Development Director Hays provided an explanation of the services covered by the assessment district. RES. 98-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AFFIRMATIVE VOTES GREATER THAN IN OPPOSITION TO THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING AND A SEWER LIFT STATION IN THE AREA OF INLAND CENTER DRIVE AND RIVERWALK DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1024, ORDERING THE WORK, CONFIRMING THE 1999-2000 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (18) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing relative to the determination of ballots and/or protests filed, relative to the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and Sewer Lift Station Maintenance Assessment District (AD 1024 - Tract No. 14706), be closed; and that said resolution be adopted. The motion carried, and Resolution No. 98-331 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: APPEAL HEARING DENIAL OF DINE & DANCE/LIVE ENTERTAINMENT PERMIT - BAJA BROILER - 245 EAST REDLANDS BOULEVARD - SCOTT MANN (19) Lee Dean, Chief of Police, submitted a staff report dated December 1, 1998, regarding the denial by the Police Department of a dine and dance/live entertainment permit for the Baja Broiler located at 245 East Redlands Boulevard. 11 12/7/1998 Mayor Valles opened the hearing. Michael Eubanks, 32 South Eureka, Redlands, CA, operator of Surfer Joe's Pizza, expressed concern that if live entertainment were permitted, it could lead to rave parties. He stated he has a beer and wine license which states, "No live entertainment on the premises at any time," and he felt the Baja Broiler should be placed under the same stipulations. Scott Mann, 245 East Redlands Boulevard, San Bernardino, CA, owner of the Baja Broiler, provided an overview of the type of dining/dancing establishment he planned to operate and answered questions regarding same. Rick Blake, Attorney, 2700 North Main Street #1000, Santa Ana, CA, pointed out that this location has operated as a dine and dance establishment for a number of years; that there is merely a change in ownership and in the style of business. Michael Schwengler, Jr., Bernardino, CA, stated that he were operating at this location police. 245 East Redlands Boulevard, San was employed by Shakers when they and he could recall no calls to the Wayne Harp, Assistant Chief of Police, stated that there were numerous and well-documented incidents at this location and that Crime II arrests were substantially higher in this area. He stated that the Police Department had denied the permit for two reasons: 1) crime rate and 2) Alcoholic Beverage Control License saturation. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the decision of the Chief of Police for denial of the dine and dance/live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 East Redlands Boulevard, be upheld. CITY ATTORNEY PENMAN EXCUSED At 11:08 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 98-04 DEVELOPMENT PERMIT III NO. 98-11 - VARIANCE NO. 98-13 - AMEND GENERAL PLAN LAND USE DESIGNATION - FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL URBAN (RU-1) - EXPANSION OF EXISTING MOBILE HOME PARK - VARIANCE FOR PERIMETER WALL HEIGHT VALENCIA LEA MOBILE HOME PARK 3850 EAST ATLANTIC AVENUE (27) 12 12/7 /1998 Michael Hays, Director of Development Services, submitted a staff report dated November 10, 1998, regarding the expansion of the Valencia Lea Mobile Home Park. Mayor Valles opened the hearing. Director Hays explained that the Valencia Lea is an existing mobile home park that the owners want to expand to allow for an additional 27 mobile homes. Jack Duckworth, 3850 East Atlantic Avenue #39, Highland, CA, owner of the park, stated that they have been at their current location since 1972. COUNCIL MEMBER LIEN EXCUSED At 11:11 a.m., Council Member Lien left the Council meeting. RES. 98-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-1, COMMERCIAL GENERAL, TO RU-1, RESIDENTIAL URBAN, FOR 3.66 ACRES LOCATED ON THE SOUTH SIDE OF HIGHLAND AVENUE 636 FEET EAST OF PALM AVENUE. (27) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 98-04; and approve Development Permit III No. 98-11 and Variance No. 98-13, based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements as listed in the staff report dated November 10, 1998, from Michael E. Hays, Director of Development Services. The motion carried, and Resolution No. 98-332 was adopted by the following vote: Ayes: Council Members Estrada, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Lien. Vacant: Third Ward. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:13 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER LIEN RETURNED At 11:13 a.m., Council Member Lien returned to the Council meeting and took her place at the Council table. 13 12/7/1998 RES. 98-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 97-23 ENTITLED IN PART "RESOLUTION . AMENDING CONFLICT OF INTEREST CODE n, BY AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (20) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-333 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RES. 98-334 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PIERCE MANUFACTURING COMPANY, INC., FOR THE PURCHASE AND DELIVERY OF THREE (3) 4 X 4 TYPE III WILDLAND ENGINES, TO BE UTILIZED BY THE FIRE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F99-23. (23) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-334 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RES. 98-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT WITH SAN BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO CITY LIMITS. (24) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Director of Finance be authorized to amend the fiscal year 1998/99 budget to: 1) increase budgeted General Fund revenues by $100,000 to reflect the fee to be received fro~ the County for providing fire protection and paramedic services (Account #001-000-4702, Fire Service Contracts), and 2) increase the Police Department's budget by $3,000 to cover the cost of updating the 911 system to include the County islands (Account #001-221-5015) . The motion carried, and Resolution No. 98-335 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: 14 12/7/1998 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.81.070(B), 8.81.100, 8.81.110(A) AND 8.81.120; ADDING SUBSECTION (L) TO SECTION 8.81.020 AND SUBSECTIONS (C), (D) AND (E) TO SECTION 8.81.110; AND REPEALING SECTION 8.81.090 RELATING TO CITY SECURITY ALARM SYSTEMS. First (25) RES. 98-336 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3 OF RESOLUTION NO. 98-193 RELATING TO CERTAIN FEES FOR SERVICES FURNISHED BY THE CITY OF SAN BERNARDINO. (25) Captain Billdt of the San Bernardino Police Department explained that the recommended ordinance and resolution were the result of a resolution adopted by the Council in July which established certain fees for services furnished by the City, as well as permit fees for alarms in the City of San Bernardino. Walter Sprenger, 1207 West Marshall Boulevard, San Bernardino, CA, stated that residents who have alarms should have been notified of the permit fee in order to obtain their input. He felt that alarm owners were being unfairly discriminated against. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated that Mr. Sprenger's concerns were legitimate in so far as notification was concerned; however, he felt the $25 per year fee was a small price to pay for the security offered. City Attorney Penman noted that the proposed ordinance allows for an exemption of the fee for a malfunction that is repaired by the alarm company. He added that the proposed ordinance is actually more liberal than what is currently in effect; however, the fee amount has increased. Council Member Schnetz made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption; that said resolution be adopted; and that the Director of Finance be authorized to amend the fiscal year 1998/99 Revenue and Expenditure Budget to reflect the transfer of $23,900 from the Police Evidence Impound Account to purchase records management software for the alarm ordinance program. The motion carried, and Resolution No. 98-336 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: 15 12/7/1998 RES. 98-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER FOR THREE COMMERCIAL FRONT LOAD REFUSE COLLECTION TRUCKS TO McNEILUS TRUCK AND MANUFACTURING COMPANY OF COLTON, CALIFORNIA, IN ACCORDANCE WITH BID SPECIFICATION F-99-22, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (26) James Howell, Director of Public Services, provided statistics on the number of vehicles in the Refuse Division fleet and why McNeilus Truck and Manufacturing Company was the successful bidder. He pointed out that of the six vendors who submitted bids, only McNeilus would allow the City to make repairs on the trucks and reimburse the City during the warranty period. Mr. Howell introduced the following Public Services staff members who served as the evaluation team for this proposal: Arlington Rogers, Joe Martinez, Jose Simentel, Don Johnson, and George Newlin. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-337 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RECESS MEETING - CLOSED SESSION (Discussed earlier and later in the meeting - pages 1 & 22) (1) At 11:52 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): State of California ex rul. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Lawrence Crain by and throuoh Sharon McGill vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 97-5227 SVW (CWx;; City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Army) United States District Court Case No. CV 96-5205 MRP (Jgx); Manta Manaoement Corp.. vs. City of San Bernardino Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157) . 16 12/7/1998 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. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the publics' right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 11:52 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 Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Murad, Water Department General Manager Kersey, and Director of Development Services Hays. WATER DEPARTMENT GENERAL MANAGER KERSEY EXCUSED At 12:00 p.m., Water Department General Manager Kersey left the closed session. ADJOURN CLOSED SESSION At 12:10 p.m., the closed session adjourned to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:09 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. 17 12/7/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. AUTHORIZE TRANSFER CONSTRUCTION DESIGN & 28TH STREET OF FUNDS $60,000 - TRAFFIC SIGNAL - WATERMAN BEGIN AVENUE (22) Michael Hays, Director of Development Services, submitted a staff report dated November 12, 1998, regarding the installation of a traffic signal at the corner of Waterman Avenue and 28th Street. Director Hays eXplained that since the construction of this signal is a priority for the Council, staff had researched their ability to move the project along as quickly as possible. He stated that a typical signal takes eight to nine months for completion; however, staff believed they could provide a fast-track time frame and reduce the time by a couple of months. City Attorney Penman stated that in August 1998, the Traffic Safety Advisory Committee had met and discussed their concerns regarding the traffic at 29th Street and Waterman Avenue, where 21 accidents had occurred during the preceding three years. However, when they requested a traffic signal at this location they were informed that it would be too close to the existing signal at the freeway. In comparison, there were only eight accidents during the same time frame at 28th Street and Waterman Avenue, which would not warrant a traffic signal; however, the committee concluded that if they put a light at 28th Street it would help to take care of the 29th Street problem. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired whether squawking signals were planned for this location and requested a policy decision from the Council that every time an intersection is constructed they would consider installing squawking signals. He added that push buttons on signals are not necessarily useful and suggested the use of occupancy sensors. Council Member Schnetz made a motion, seconded by Council Member Devlin, that the Director of Development Services be authorized to begin design work and construction of signal improvements at Waterman Avenue and 28th Street; and that the Director of Finance be authorized to amend the fiscal year 1998/99 budget and transfer $60,000 from the Traffic Systems Construction Fund's project for system-wide upgrades and improvements (Account 250-370-5504-7146) to fund the design and construction of traffic signal improvements at Waterman Avenue and 28th Street. 18 12/7 /1998 City Attorney Penman pointed out that the Council had indicated an urgency for this project that was not reflected in the motion and suggested insertion of the word "forthwith" after "Waterman Avenue and 28th Street" in motion #1, as shown on the agenda. Council Member Schnetz made a substitute motion, seconded by Council Member Devlin, that the Director of Development Services be authorized to begin design work and construction of signal improvements at Waterman Avenue and 28th Street forthwith; and that the Director of Finance be authorized to amend the fiscal year 1998/99 budget and transfer $60,000 from the Traffic Systems Construction Fund's project for system-wide upgrades and improvements (Account 250-370-5504-7146) to fund the design and construction of traffic signal improvements at Waterman Avenue and 28th Street. Development his agenda with funding source. Director Michael Hays stated that he did not have him and asked whether said motion included the Mayor Valles answered in the affirmative. Mr. Hays stated that he would need to come back to Council with a specific funding source to fully cover the anticipated cost of this project because the funding in the motion would only cover a portion of the cost, and he stated that he would rather do the funding all at one time. Note: City Clerk Clark asked whether, in light of Mr. Hays comments, the reference to funds would be done away with, and City Administrator Wilson and Mayor Valles lndicated it would not. The motion carried by unanimous vote. RES. 98-338 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 1997/98 TO 2001/02 CAPITAL IMPROVEMENT PROGRAM (CIP). (21) Michael Hays, Director of Development Services, explained that the Capital Improvement Program is a five-year document used to budget, prioritize, and schedule projects that have a life expectancy of at least five years. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-338 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. 19 12/7/1998 CITY ADMINISTRATOR WILSON EXCUSED At 2:36 p.m., City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Executive Director Van Osdel. CITY ATTORNEY PENMAN EXCUSED At 2:36 p.m., City Attorney Penman was excused and replaced by Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2: 36 p. m., Chairwoman Valles called the j oint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. AUTHORIZE SIX-MONTH EXTENSION AMERICAN LODGING COMMUNITY ORGANIZATION (CHDO) TERM OF AGREEMENT HOUSING DEVELOPMENT (R28) Ronald Winkler, Development Director, submitted a staff report dated November 16, 1998, regarding a six-month extension of the term of the agreement with American Lodging. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize a six-month extension of the term of the agreement with American Lodging, a Community Housing Development Organization. RES. 5560 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AMENDING RESOLUTION NO. 4420 (AS AMENDED BY RESOLUTION NOS. 4852, 5048, 5057, 5356, 5389, 5424 AND 5507) ENTITLED, IN PART, "RESOLUTION. . ADOPTING A CONFLICT OF INTEREST CODE. . .," BY AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (R29) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. 20 12/7 /1998 Resolution No. 5560 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. APPROVE AGENCY FUNDING CONVENTION & VISITORS BUREAU 1998/99 - APPROVE 50 PERCENT LEVEL SAN BERNARDINO (CVB) BUDGET - FISCAL YEAR REDUCTION OF OFFICE RENT (R30) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated November 10, 1998, regarding adoption of the Convention and Visitors Bureau (CVB) budget. Discussion ensued regarding approval of a $250,000 budget for the CVB in light of a memo dated December 3, 1998, which was distributed to the Council and contained information which indicated that by the year 2000 the Agency would be upside down financially; the fact that the CVB budget is paid for by a portion of the Transient Occupancy Tax as contained in a Memorandum of Understanding between the CVB and the Community Development Commission; and the desire of some of the Council to see the formation of a committee comprised of Gary Van Osdel, Barbara Lindseth, and a couple of Commission Members to gain a better understanding, as quickly as possible, of these budget issues. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development Commission approve an Agency funding level of $250,000 for the Convention and Visitors Bureau's fiscal year 1998/99 budget; and that the Convention and Visitors Bureau's office rent be reduced by $13,500 for the fiscal year 1998/99. PURCHASE PROPERTY 571 MAGNOLIA STREET ASSOCIATES, INC. PARTICIPANTS IN THE REHABILITATION & RESALE (ARR) PROGRAM FROM KMH ACQUISITION, (R31) Economic Development Agency Executive Director Van Osdel submitted a staff report dated December 2, 1998, regarding the purchase of property located at 571 Magnolia Street by the Agency. Mr. Van Osdel provided background information regarding the property and answered questions regarding same. Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the Community Development Commission authorize the Economic Development Agency to negotiate the purchase of the property located at 571 Magnolia Avenue, in connection with the Agency guarantee under the Mortgage Lenders Acceptance Corporation and KMH Associates, Inc., Housing Participation Agreement (Acquisition, Rehabilitation and Resale Program) . 21 12/7/1998 RECESS MEETING - CLOSED SESSION the meeting - pages 1 & 16) At 2:57 p.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed earlier in (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): State of California ex rul. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Lawrence Crain bv and throuqh Sharon McGill vs. City of San Bernardino. et al. - United States District Court Case No. CV 97-5227 SVW (CWx); City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Armv) United States District Court Case No. CV 96-5205 MRP (Jgx); Manta Manaqement Corp., vs. City of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157) . B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the publics' right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 3:04 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 22 12/7 /1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Murad, City Attorney's Office; Water Department General Manager Bernard Kersey. COUNCIL MEMBER ESTRADA & WATER DEPARTMENT GENERAL MANAGER KERSEY EXCUSED At 3: 22 p. m., Council Member Estrada and Water Department General Manager Kersey left the closed session. ADJOURN CLOSED SESSION/MEETING (1 & 32) At 3:26 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, December 21, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ,u~ Linda Hartze Deputy City Clerk No. of Items: 32 No. of Hours: 5.5 hours 23 12/7/1998