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HomeMy WebLinkAbout12-21-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 21, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:06 a.m., Monday, December 21, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; CouncIl Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: None. Vacant: Third Ward. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 14) (1) At 8:06 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). 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 Corporation vs. City of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157) ; GTE California, Inc.. vs. ECC Equipment Corporation. a California Corporation, Howard Contractinq. Inc., a California Corporation, and Gross-Complaint: ECCO Equipment Corporation vs. Howard Contractinq. Inc. , - San Bernardino Superior Court Case No. SCV 39468; Nancv Pruitt and Warren Pruitt bv and throuqh Georqian Pruitt vs. City of San Bernardino. et al. - United States District Court Case No. EDCV 96-410 RT (Vax); 1 12/21/1998 Hector L. Serrano by and throuqh Irma Serrano vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 46669; Douqlas J. Domino vs. City of San Bernardino. et al. United States District Court Case No. ED CV 98-339 RT (VAPx) . B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. E. 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 8:08 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 Attorneys Carlyle and Simmons, Deputy City Attorney Murad and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; and Special Counsel Tom Jacobsen of Gresham, Savage, Nolan and Tilden, 600 N. Arrowhead Avenue, Suite 300, San Bernardino, CA. SPECIAL COUNSEL JACOBSEN EXCUSED At 8:23 a.m., Special Counsel Jacobsen left the closed session. COUNCIL MEMBER ANDERSON EXCUSED At 8:34 a.m., Council Member Anderson left the closed session. 2 12/21/1998 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 i.n closed session. ADJOURN CLOSED SESSION At 8:54 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:06 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. Vacant: Third Ward. INVOCATION The invocation was given by Sister Marita Beumer of Saint Bernardine's Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Schnetz. APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATION - INLAND CITIES HARMONY EXPRESS QUARTET (3) The Inland Cities Harmony Express Quartet, Neves, presented a wonderful rendition of Jingle Wonderland, Joy To The World and Silent Night. led by Robert Bells, Winter 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 Donna Ward Dean Stecklair Department Development Services Facilities Management Years of Service 10-year pin 10-year pin 3 12/21/1998 Shirley Allen Kevin Bathgate Thomas English James Karas Aurora Mendoza Porfirio Martinez Irma Castellanos Kathryn Miller Jose Sepulveda Teri Carlos Fire Fire Fire Fire Library Parks, Recreation & Community Services Police Police Police San Bernardino Employment & Training Agency 5-year pin 5-year pin 5-year pin 5-year pin 30-year pin 35-year pin 20-year pin 15-year pin 20-year pin 10-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBERS MILLER, SCHNETZ, ESTRADA, MAYOR VALLES, CITY CLERK CLARK, CITY ADMINISTRATOR WILSON AND CITY ATTORNEY PENMAN (4) The Mayor and Council, City Clerk Clark, City Administrator Wilson and City Attorney Penman extended their wishes for a festive holiday season and a Happy New Year. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin provided an update on the "E" Street construction project and stated that the bridge widening on Cable Creek and Kendall Drive would commence on January 11, 1999. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that the City and California State University San Bernardino had applied for a grant from the Department of Housing and Urban Development (HUD) for a community outreach partnership center. It was designed to be a three-year partnership targeting the Second Ward. However, the project will not be funded this year. Nevertheless, she and the Mayor will continue to pursue the matter. She also thanked her constituents for their input. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz urged the residents of the city to continue providing their support and input which will ultimately create a level of unity that would be beneficial to all. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles gave a synopsis of her experiences during the past nine months, thanked staff, elected officials and the 4 12/21/1998 residents of the city for their continuous support and reviewed the various efforts being made to bring businesses to the city, create a viable job base and to address social and environmental issues. She stated that together all things are possible and encouraged everyone to support the "Buy In San Bernardino Campaign." ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman noted the positive changes attributable to Mayor Valles' influence. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated that in 1996 the city established a disabled access curb ramp policy as a result of his 1993 and 1994 complaint to the State Attorney General's Office. It has come to his attention that a policy change has been made. Thus, he requested a copy of the policy change. City Attorney Penman stated that he is not aware of any formal policy change. PUBLIC COMMENTS - SCOTT MANN (5) Scott Mann, Baja Broiler, 245 E. Bernardino, CA, requested that the Mayor denial of his entertainment license. Redlands Boulevard, San and Council reconsider the PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, 985 W. Kendall Drive, San Bernardino, CA, President of the Mt. Vernon Avenue Pride Association, announced that their next meeting would be on Wednesday, January 6, 1999, at the Home of Neighborly Services from 6-8:00 p.m. He reviewed the topics of discussion and submitted their application into the record. PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, wished everyone a Merry Christmas and a prosperous new year and reviewed incidents which occurred throughout the year. PUBLIC COMMENTS - PAMELALEE BAILEY-SHIMIZU (5) Pamelalee Bailey-Shimizu, First Nations Tribal Library and Social Research Center, requested that they be considered when grants are being issued as they are looking to enlarge the various sections within the library. She also stated that the theaters located at Ontario Mills offer free admission to individuals in a wheelchair and recommended that the city also adopt such a policy. 5 12/21/1998 PUBLIC COMMENTS - JOHN LAKE (5) John Lake, 406 E. 20th Street, San Bernardino, CA, expressed concern regarding the trees that are dying along 20th Street below Saint Bernardine's Hospital. Because of their condition, they are a safety hazard. He requested that the city take action to have the trees removed. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Associated Communities Financing Authority be waived. CLAIMS & PAYROLL (7) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 16, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated December 15, 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. APPROVE - 1999 MEETING DATES - MAYOR AND COMMON COUNCIL & COMMUNITY DEVELOPMENT COMMISSION (9) Rachel G. Clark, City Clerk, submitted a staff report dated December 11, 1998, concerning the 1999 meeting dates of the Mayor and Common Council and Community Development Commission. Council Member Miller made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Mayor and Common Council and Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council and Community Development Commission for 1999: January 11 (second Monday); January 25 (fourth Monday); February 1 and 15; March 1 and 15; April 5 and 19; May 3 and 17; June 7 and 21; July 6 and 19; August 2 and 16; September 7 and 20; October 4 and 18; November 1 and 15; and December 6 and 20. 6 12/21/1998 RES. 98-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ADMINISTER A FEDERAL GRANT IN THE AMOUNT OF $170,480.00 TO CONTINUE THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER AND TO EXECUTE THE AGREEMENT FOR DELEGATION OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO PRESCHOOL SERVICES DEPARTMENT. (10) Council Member Devlin made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-339 was adopted by the Ayes: Council Members Estrada, Lien, Schnetz, Nays: None. Absent: Council Member Anderson. Ward. following vote: Devlin, Miller. Vacant: Third ORD. MC-1037 - 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. Final (11) Council Member Estrada made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-1037 was adopted by the Ayes: Council Members Estrada, Lien, Schnetz, Nays: None. Absent: Council Member Anderson. Ward. following vote: Devlin, Miller. Vacant: Third RES. 98-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (12) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern as to whether or not the destruction of records would be conducted by the Wackenhut Corporation. Council Member Devlin made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-340 was adopted by the Ayes: Council Members Estrada, Lien, Schnetz, Nays: None. Absent: Council Member Anderson. Ward. 7 following vote: Devlin, Miller. Vacant: Third 12/21/1998 ~ RES. 98-341 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ALLOWING THE DISTRICT TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. (13) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-341 was adopted by the Ayes: Council Members Estrada, Lien, Schnetz, Nays: None. Absent: Council Member Anderson. Ward. following vote: Devlin, Miller. Vacant: Third PUBLIC HEARING - CREATION OF UNDERGROUND UTILITY DISTRICT NO. 27 - LOCATED ALONG PORTIONS OF 40TH STREET, BETWEEN ELECTRIC AVENUE & WATERMAN AVENUE (14) Michael E. Hays, Director of Development Services, submitted a staff report dated November 10, 1998, concerning the creation of Underground Utility District No. 27. Mayor Valles opened the hearing. Director Hays provided a synopsis of the action taken for the establishment of Underground Utility District No. 27 and answered questions relative to such. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if the proj ect would include the installation of curb ramps. RES. 98-342 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 27, GENERALLY LOCATED ALONG PORTIONS OF 40TH STREET, BETWEEN ELECTRIC AVENUE AND WATERMAN AVENUE. (14) Council Member Schnetz made a motion, seconded by Council Member Lien, that the hearing be closed, and protests, if any, be overruled; and that said resolution be adopted. The motion carried and Resolution No. 98-342 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. Vacant: Third Ward. 8 12/21/1998 RES. 98-346 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH BIG RED APPLE REGARDING THE MARKETING AND MANAGEMENT OF THE SAN BERNARDINO STADIUM. (Discussed later in the meeting - page 12) (15) It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. First (16) City Attorney Penman reviewed the provisions of the shopping cart ordinance. A discussion was held concerning the problems associated with abandoned carts and the steps that could be taken to address the problem. Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.005 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE REQUIREMENTS FOR CONDUCTING BUSINESS IN THE CITY. First (17) City Attorney Penman reviewed the provisions of the ordinance. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to how the business registration fees were developed. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RES. 98-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE INSTALLATION OF LANDSCAPING IN THE ORANGE SHOW ROAD EXTENSION. (18) Development Services Director Hays explained the process for the installation of landscaping along the Orange Show Road extension. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. 9 12/21/1998 Resolution No. 98-343 was adopted by the Ayes: Council Members Estrada, Lien, Schnetz, Nays: None. Absent: Council Member Anderson. Ward. following vote: Devlin, Miller. Vacant: Third RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARKING ANY TIME ZONE ON FOURTH STREET BETWEEN FOOTHILL BOULEVARD AND TIA JUANA STREET, APPLICABLE TO THE SOUTH SIDE ONLY. (19) Development Services Director Hays stated that the request was initiated by the surrounding property owners. Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Director Hays answered questions regarding the affect on Nunez Park. Council Member Estrada made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Council meeting of January 11, 1999. RES. 98-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A TOLLING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STUBBLEFIELD CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV SYSTEM TO PROVIDE CABLE SERVICE TO THE RESIDENTS OF SAN BERNARDINO. (20A) RES. 98-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE CITY'S INTENTION TO RENEW THE GRANT OF A NON- EXCLUSIVE CABLE FRANCHISE TO STUBBLEFIELD CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV SYSTEM. (20B) Frank Keller, Cable Television Manager, reviewed the provisions of the tolling and franchise agreements. Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. following vote: Ayes: Devlin, Miller. Nays: Vacant: Third Ward. 98-344 and 98-345 were adopted by the Council Members Estrada, Lien, Schnetz, None. Absent: Council Member Anderson. 10 12/21/1998 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. (Continued from November 2, 1998) (21) Note: The resolution was not submitted with the backup material and will not be available for reference. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 15, 1999. RECESS MEETING At 10:41 a.m., Mayor Valles called a fifteen-minute recess. RECONVENE MEETING At 11:01 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; Deputy City Attorney Empeno, Ci ty Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. DETERMINE PUBLIC CONVENIENCE OR NECESSITY TYPE-20 LIQUOR LICENSE - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL - ROCKY FARMS MARKET - 4645 N. SIERRA WAY (22) Michael E. Hays, Director of Development Services, submitted a staff report dated December 10, 1998, concerning a Type-20 Liquor License for Rocky Farms Market located at 4645 N. Sierra Way. Director Hays explained that the market has changed ownership and the new owner would like to sell off-site beer and wine. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and that the Director of Development Services be directed to send a letter to the Department of Alcoholic Beverage Control for a Type-20 (off-site beer and wine) Liquor License for Rocky Farms Market, subject to the conditions of approval. 11 12/21/1998 RES. 98-346 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH BIG RED APPLE REGARDING THE MARKETING AND MANAGEMENT OF THE SAN BERNARDINO STADIUM. (Discussed earlier in the meeting - page 9) (15) DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:06 a.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. City Administrator Wilson provided taken relative to the marketing and Bernardino Stadium. a synopsis of the action management of the San A discussion was held concerning the costs associated with the operation of the San Bernardino Stadium and the steps that need to be taken to ensure its viability. Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA, stated that most of the documentation on stadiums indicates that there are no positive multipliers. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the adoption of the agreement with Big Red Apple. Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted; that all other bids be rejected; and that the Director of Finance be authorized to amend the fiscal year 1998/99 budget to reflect an increase of $50,000 in Account No. 133-461-5505 (Other Professional Services). The motion carried and Resolution No. 98-346 was adopted by the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: Council Members Lien, Schnetz. Absent: None. Vacant: Third Ward. RECESS MEETING At 11:43 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 06 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, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo, City Clerk Clark, 12 12/21/1998 Economic Development Agency Executive Dlrector Van Osdel. Absent: None. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/Sk~ BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:06 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. RES. 5561 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE NATIONAL DEVELOPMENT COUNCIL. (R23) Barbara Lindseth, Administrative Services Director, answered questions regarding the Community Reinvestment Fund balance. Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 5561 was adopted by the following vote: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Nays: None. Absent: None. Vacant: Third Ward. Ayes: Miller. APPROVE ECONOMIC DEVELOPMENT AGENCY STATEMENT OF INVESTMENT POLICY 1999 ANNUAL (R24) Barbara J. Lindseth, Administrative Services Director, submitted a staff report dated October 5, 1998, concerning the Economic Development Agency's 1999 Annual Statement of Investment Policy. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the insurance policy and the number of participants. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development Commission approve and adopt the Economic Development Agency's Annual Statement of Investment Policy for the year 1999. PUBLIC HEARING 1998 HEALTH CARE CERTIFICATES OF PARTICIPATION - SERIES 1998A, B & C - FAMILY CLINICS FOUNDATION SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY (SANBAC) (R25) 13 12/21/1998 RESOLUTION OF THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY AUTHORIZING THE SALE AND DELIVERY OF NOT TO EXCEED $100 MILLION AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION (FAMILY CLINICS FOUNDATION PROJECT) SERIES 1998A, SERIES 1998B AND SERIES 1998C AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH. (R25) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated December 14, 1998, concerning the sale and delivery of $100,000,000 Certificates of Participation (Series 1998A, Series 1998B and Series 1998C) for the Family Clinics Foundation Project. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be tabled. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - page 1) (1) At 2:12 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: F. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 701 North "E" Street Negotiating Parties: Gary Van Osdel on behalf of Redevelopment Agency and Hao-shih, Hsus World Inc. the Hsu CLOSED SESSION At 2:12 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Economic Development Agency Executive Director Van Osdel and Business Recruitment, Retention and Revitalization Director Harris. 14 12/21/1998 BUSINESS RECRUITMENT, RETENTION & REVITALIZATION DIRECTOR HARRIS EXCUSED At 2:33 p.m., Business Recruitment, Retention and Revitalization Director Harris left the closed session. ECONOMIC DEVELOPMENT AGENCY ARRIVED At 2: 35 p. m., Economic Gondek arrived at the closed SPECIAL COUNSEL GONDEK Development Agency Special session. Counsel ADJOURN CLOSED SESSION At 3: 06 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3:07 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; Counci 1 Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. 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 3:07 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. DISCUSS & TAKE ACTION - SUBORDINATION & INTERCREDITOR AGREEMENT (CONSTRUCTION LOAN) SUBORDINATION & INTERCREDITOR AGREEMENT (PERMANENT LOAN) - PERMANENT LOAN COMMITMENT LETTER MDA-SAN BERNARDINO ASSOCIATES CINEMA STAR MULTI-PLEX THEATER PROJECT (R26) David Gondek, Economic Development Agency Special Counsel, Sabo & Green, 201 North "E" Street, San Bernardino, CA, submitted a memorandum dated December 11, 1998, concerning the Cinema Star Multi-Plex Theater Project. Special Counsel Sabo reviewed the provisions of the Subordination and Intercreditor Agreement (Construction Loan), 15 12/21/1998 Subordination and Intercreditor Agreement (Permanent Loan) and the Permanent Loan Commitment Letter. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the Chair and Secretary of the Community Development Commission and Executive Director of the Economic Development Agency be authorized to execute the following documents: Subordination and Intercreditor Agreement (Construction Loan), Subordination and Intercreditor Agreement (Permanent Loan) and Permanent Loan Commitment Letter. ADJOURN MEETING (27) At 3:21 p.m., the joint regular meeting adjourned. The regular meeting will be held on Monday. January 11, 1999, in Council Chambers of City Hall, 300 North "D" Street, Bernardino, California. next the San RACHEL G. CLARK City Clerk By' L /11 / .LL4 uzanna Cordova Deputy City Clerk No. of Items: 27 No. of Hours: 5 16 12/21/1998