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HomeMy WebLinkAbout12-05-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING DECEMBER 5, 1994 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:04 a.m., Monday, December 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8: 04 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): (1) David Hatfield vs. Citv of San Bernardino - United States District Court Case No. SACV 93-317 LHM; (2) Manta Manaoement Corporation vs. Bernardino -United States District CV - ED 94-251 RT (Mcx); Citv of San Court Case No. (3) Juan Manuel Sanchez vs. City of San Bernardino, et al - United States District Court Case No. CV 87- 2291 AWT (Bx); (4) Cal Safari, Inc. dba In Cahoots, et al vs. Citv of San Bernardino, et al United States District Court Case No. SACV 94-955 LHM (EEx). B. Conference with legal counsel anticipated litigation significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: two cases. 1 12/5/94 CLOSED SESSION At 8:06 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Margaret Scroggin, Attorney's Office. Senior Assistant City Attorney Morillo and Administrative Operations Supervisor, City SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8:10 a.m., Senior Assistant City Attorney Morillo left the closed session and was replaced by Dep,lty City Attorney Rhemrev. COUNCIL MEMBER POPE-LUDLAM ARRIVE0 At 8:17 a.m., Council Member Pope-Ludlam arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:20 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:23 a.m., the closed session the Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m., in 300 North "D" Street, San RECONVENE MEETING At 9:04 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. 2 12/5/94 INVOCATION The invocation was given by Reverend Jesse McKinney of St. Stephen's Church of God in Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENT - LARRY RAYMOND QUIEL - BOARD OF BUILDING COMMISSIONERS - COUNCIL MEMBER OBERHELMAN (Sl) In a memorandum dated November 29, 1994, Mayor Minor recommended the appointment of Larry Raymond Quiel, 4040 La Hacienda, San Bernardino, CA, to the Board of Building Commissioners, as requested by Council Member Oberhelman. Council Member Oberhelman made a :notion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Larry Raymond Quiel to the Board of Building Commissioners, as requested by Council Member Oberhelman, be approved. COUNCIL MEMBERS NEGRETE AND POPE-LUDLAM RETURNED At 9:09 a.m., Council Members Negrete and Oberhelman returned to the Council meeting and took their places at the Council table. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3) Council Member Pope-Ludlam stated that Council owed Allan Steward an apology, as the thrown out of court for lack of evidence. some members of the case against him was PUBLIC COMMENTS - TERRY FERGUSON (4) Terry Ferguson, 19924 N. Kendall Drive, San Bernardino, CA, spoke regarding services for the Verdemont area, Agenda Item 25 at the Council meeting held on November 21, 1994. She stated that residents had been assured they would be notified of any changes in the Verdemont area and expressed concern that this had not been done. She questioned how much the increase in utilities and taxes would ultimately be. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 9:13 a.m., Deputy City Attorney Rhemrev was excused from the meeting and replaced by City Attorney Penman. PUBLIC COMMENTS - JOHN STEVENS (4A) John Stevens, 4097 North Pershing Avenue, San Bernardino, CA, spoke regarding the radioactive water at the former Norton Air Force Base, stating he had received information indicating this was the highest radioactive water in Southern California. He expressed concern about this ongoing situation. Council requested a copy or summation of the report from Mr. Stevens. 3 12/5/94 PUBLIC COMMENTS - BRIAN PLANT (4B) Brian Plant, c/o 498 West Court Street, San Bernardino, CA, expressed support of former employees of the City of San Bernardino for their service to the City. PUBLIC COMMENTS - JEFF WRIGHT (4C) Jeff Wright, P.O. Box 2341, San Bernardino, CA, read a story to the Council and spoke regarding what the City charges for photocopies. PUBLIC COMMENTS - FRANK VERA (4D) Frank Vera, spoke regarding ground water contamination at the former Norton Air Force Base, stating that the only time the Federal government has responded to complaints about things of this nature is when the local government agency brings suit against them. COUNCIL MEMBER CURLIN EXCUSED At 9:25 a.m., Council Member Curlin left the Council meeting. CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated November 28, 1994, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 23, 1994, 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. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the 4 12/5/94 following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: September 28, 1994. RES. 94-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 94-31 ENTITLED IN PART "RESOLUTION. . AMENDING CONFLICT OF INTEREST CODE. ", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (7) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-.362 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Hernandez, Oberhelman, Devlin, Absent: Council Member Curlin. COUNCIL MEMBER CURLIN RETURNED At 9:34 a.m., Council Member Curlin returned to the Council meeting and took his place at the Council table. RES. 94-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $116,859.00 TO CREATIVE COMPUTER SOLUTIONS FOR THE FURNISHING AND DELIVERY OF A DEC 2100 ALPHA COMPUTER SYSTEM TO BE UTILIZED BY THE CITY OF SAN BERNARDINO AS ITS BUSINESS AND FINANCIAL COMPUTER. (8) City Clerk Rachel Clark stated that the Council would be voting on a substitute resolution with a revision to the title only to include the dollar amount. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-363 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. REMOVE RED PAINT ON CURBS - VARIOUS LOCATIONS - APPROVE PLANS & ADVERTISE FOR BIDS (11) In a memorandum dated November :7, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that one position of Maintenance Worker I became vacant January 16, 1994, due to resignation of the incumbent. Filling the position had been deferred to allow the annual salary savings of approximately $32,000 to be available to finance pilot project contracts under the City's program to evaluate privatization. Plans for removal of 17,000 feet of red paint from curbs on Highland Avenue, Baseline 5 12/5/94 Street, project cost is and the Central City area have been prepared, and the is ready to be advertised for bids. The total estimated $12,000. Council expressed concern that 70 cents per foot to remove red paint from curbs seemed to be very expensive. Director Hardgrave explained that most of these curbs have several layers of paint, and it is an expensive, difficult process to remove it. Council Member Oberhelman made a ~otion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $12,000 from Account No. 001-307-52020, "Salaries, Permanent/Full Time," to Account No. 001-307-54101, "Professional/Contractual Services," be approved, and that the plans for removal of red paint on curbs at various locations, in accordance with Plan No. 9217, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. FLOOD CONTROL MILL STREET & FOR BIDS BASIN IMPROVEMENTS - NORTHEAST CORNER OF PEPPER AVENUE - APPROVE PLANS & ADVERTISE (12) In a memorandum dated November 21, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for installation of improvements to the San Bernardino County Flood Control Basin had been prepared, and the project is ready to be advertised for bids. The project, located at the northeast corner of Mill Street and Pepper Avenue, consists of installing improvements to the basin required by the Flood Control District in return for additional rights-of-way necessary for installation of curbs, gutters, and sidewalk. The total estimated project cost, including a 15 percent contingency, is $130,000. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the estimated cost of the project and requested that the item be continued to allow for further investigation. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $130,000 from Account No. 126-000-30405, "Unappropriated Reserve," to Account No. 126-356-57852, "Improvements to Flood Control Basin - Northeast Corner of Mill Street and Pepper Avenue," be approved, and that the plans for improvement to the Flood Control Basin at the northeast corner of Mill Street and Pepper Avenue, in accordance with Plan No. 9127, be approved, and that the Director of Public Work/City Engineer be authorized to advertise for bids. COUNCIL MEMBER At 9: 30 a . m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council 6 12/5/94 RES. 94-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH H INLAND ENTERPRISES RELATING TO ENCROACHMENT OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY OF "H" STREET AT 798 WEST INLAND CENTER DRIVE. (13) Jeff Wright, P.O. Box 2341, San Bernardino, CA, read the title of the resolution and expressed concern that it might be precedent setting. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94-364 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER At 9: 37 a. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the Council table. to the RES. 94-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STREAMBED ALTERATION AGREEMENT 5-400-94 RELATING TO CONSTRUCTION OF BRIDGES FOR ORANGE SHOW ROAD AT EAST TWIN CREEK AND SANTA ANA RIVER. (14) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern that this item was on the Consent Calendar. He stated that this area is critical habitat for several species and questioned whether an Environmental Impact Report had been done. City Attorney Penman stated that the State Department of Fish and Game supervises everything that is done relating to the Santa Ana River and wetlands, they have very stringent restrictions and after the work is finalized the land will be restored to its original state. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-365 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. RECESS MEETING At 9:47 a.m., Mayor Minor declared a ten-minute recess. 7 12/5/94 RECONVENE MEETING At 10:02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Oberhelman, Miller. PUBLIC HEARING - SOUTHERN CALIFORNIA EDISON AGREEMENT - INSTALLATION & FINANCING - ENERGY CONSERVATION MEASURES - VARIOUS CITY-OWNED FACILITIES (15) This is the time and place set for a public consider an agreement with Southern California installation and financing of energy conservation various City-owned facilities. hearing to Edison for measures at In a memorandum dated November 17, 1994, James Sharer, Facilities Manager, stated that currently the total annual utility expenditure for City-maintained facilities exceeds $2,990,000. With increased pressures to reduce operating costs, the Facilities Management Division has decided to focus initial energy conservation efforts on three major City-maintained facilities: City Hall, Carousel Mall, and Feldheym Library. In City Hall efforts will be directed at retrofitting the central mechanical systems and parking structure lighting, as well as addressing the central chiller system which is oversized and inefficient. At the Carousel Mall, the City has the responsibility to light and condition the common areas of the mall. The mechanical systems serving these areas seem to operate fairly efficiently, however, there is an opportunity to improve the efficiency of the lighting system and reduce operation costs through some HVAC control system modifications. The mechanical systems in the Feldheym Library reflect the California Title 24 energy efficiency requirements in force at the time of construction. The two 80-ton, air-cooled chillers have an EER of 9.7, and there is no significant performance improvement available. However, the lighting systems in the library use T12, 34w, lamps with magnetic ballasts. They will be targeted for retrofitting, which will lead to reduced operating costs. The current estimated price for the Envest solution is approximately $971,000, which includes all aspects of the development, implementation, commissioning, and post - implementation monitoring. In addition, the Envest solution includes 100 percent financing of this amount over 10 years at a fixed annual interest rate of 7.2 percent in the form of a municipal lease. 8 12/5/94 Mayor Minor opened the public hearing. In a memorandum dated December 5, 1994, Dennis Barlow, Senior Assistant City Attorney, distributed to the Mayor and Common Council replacement pages reflecting changes relating to the private activity bond and binding arbitration provisions contained in the agreement. City Attorney Penman stated that with these changes to the agreement, Facilities Management now recommended approval of the agreement, and that Edison also agreed to the changes and the language invoking arbitration. Shauna Clark, City Administrator, stated that she supports including arbitration in an agreement. COUNCIL MEMBER OBERHELMAN RETURNED At 10:03 a.m., Council Member Oberhelman returned to the Council meeting and took his place at the council table. Jim Sharer, Facilities Manager, introduced Gary Graham of the Envest Division of Southern California Edison. COUNCIL MEMBER MILLER RETURNED At 10:07 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Mr. Graham stated that Envest is a regulated division of Southern California Edison Company formed to find innovative ways to deliver energy efficiency solutions to customers in the retrofit market. He noted that the City needs to modernize its facilities and upgrade with energy-efficient, cost-efficient equipment, and a coordination of energy retrofit project implementation is required. He stated the Envest solution would include upgrade of the parking structure lighting system and modernization of the central chiller plant in City Hall, upgrade of existing fluorescent lighting system and modification of the HVAC control system at Carousel Mall, and upgrade of existing fluorescent lighting system and addition of centralized automation system for control and monitoring of HVAC systems at Feldheym Library. CITY ATTORNEY PENMAN EXCUSED At 10:12 a.m., City Attorney Penman left the meeting and was replaced by Senior Assistant City Attorney Barlow. Gary Graham noted that by using these proven, high efficiency technologies to replace aging, less energy-efficient equipment the City would realize an annual savings in utility costs of $166,000 less annual projected costs of $136,505, which would produce an annual positive cash flow of $29,495. 9 12/5/94 A discussion was held relative to the projected savings and other organizations using the plan. Irvine Unified School District has invested in the plan and twelve other cities are looking at the plan. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the amount of savings to be realized at the Carousel Mall and asked for a continuation until further information could be obtained. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:18 a.m., Senior Assistant City Attorney Barlow left the meeting and was replaced by City Attorney Penman. RES. 94-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE INSTALLATION AND FINANCING OF ENERGY CONSERVATION MEASURES AT VARIOUS FACILITIES WITHIN THE CITY. (15) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the public hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted as amended with the provision that Section 13.12, Dispute Resolution, Line 11, of the agreement be amended to delete the word "shall" and to include "may (but need not)" be settled by arbitration..." Resolution No. 94-366 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR INSTALLATION OF TRAFFIC SIGNALS, AND VARIOUS ROADWAY AND DRAINAGE IMPROVEMENTS AT STATE HIGHWAY 1-215 AND UNIVERSITY PARKWAY. (16) City Attorney Penman stated that the City Attorney's office is declaring a conflict of interest on Items 16 and 17 as a result of Matich Corporation's donations toward his election as district attorney. He noted that at the request of the Mayor these documents were reviewed by Attorney Timothy Sabo of Sabo and Green. Jeff Wright, P.O. Box 2341, San Bernardino, CA, noted that Items 16, 17, and 18 all deal with Matich Corporation and expressed concern over the ultimate costs of these projects. 10 12/5/94 City Administrator Shauna Clark stated that Matich Corporation was the lowest bidder on Item 16 and met all of the bidding requirements, therefore, they must be awarded the bid. Council Member Negrete made a motion, seconded by Council Member Miller, that the appropriation of $463,000 in Account No. 250-670-57488, "Traffic Signals - 1-215 and University Parkway," from Federal Interstate 4R Funds through Caltrans, be approved, and that said resolution be adopted. The motion carried, and Resolution No. 94-367 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. CHANGE ORDER NO. SIX MATICH CORPORATION REPLACE EXISTING DETERIORATED WATER GATE VALVES THROUGHOUT PROJECT AREA - STREET IMPROVEMENT OF TIPPECANOE AVENUE, "c" STREET (SHEPPARD BOULEVARD), & DEL ROSA DRIVE CONTRACT INCREASE NOT TO EXCEED $60,000 (17) In a memorandum dated November 23, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that during excavation for the installation of the new backbone utilities it was discovered that many of the existing gate shutoff valves were in poor condition. When exercised, they would either leak or the valve stem would break off entirely. The contractor was asked to quote a price to rehabilitate these valves, but investigation determined that necessary repair parts could not be located, and that some of the valves were beyond repair. Subsequently, the contractor quoted a replacement price from $920 for a 4-inch gate valve up to $1,388 for a 10-inch gate valve. The Water Department has stated these prices are fair and reasonable for the amount of work to be performed. While replacement is optional, it would be cost effective to replace them prior to street paving, rather than after paving is completed, as costs would be much higher. A grant has been secured through the United States Department of Commerce Economic Development Administration to finance 75 percent of the total project costs. The 25 percent local agency share would be funded by the Inland Valley Development Agency. No City funds are required to finance the cost of this project. Council Member Hernandez stated he would vote "No" on this item due to the fact that Matich started as the low bidder but has subsequently added costs upon costs until they are now more than half a million dollars over their low bid. Discussion ensued regarding the bidding process, who the Council should turn to for advice when the City Attorney's Office declares a conflict of interest, and the fact that replacement of the valves was actually the City Engineer's idea, therefore, the City's problem and monetary obligation. It was noted that who 11 12/5/94 submits the low bid and is ultimately awarded the contract is totally separate from subsequent change orders. Also, the work on this project would actually be performed by a subcontractor. Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that it appears there is a major problem with the bidding process, as there are no checks and balances on change orders once a company is awarded the bid. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that Change Order No. six to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "c" Street (Sheppard Boulevard), and Del Rosa Drive, in accordance with Plan No. 9053, be approved, and to authorize the contractor to replace the existing deteriorated water gate valves located throughout the project area at an increase in the contract price not to exceed $60,000, from $4,523,299.87 to $4,583,299.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. CHANGE ORDER NO. SEVEN - MATICH CORPORATION - MAKE HOT TAP TO EXISTING 20-INCH WATER LINE BEING INSTALLED AS PART OF PROJECT STREET IMPROVEMENT OF TIPPECANOE AVENUE, "c" STREET (SHEPPARD BOULEVARD), & DEL ROSA DRIVE - CONTRACT INCREASE NOT TO EXCEED $7,199 (18) In a memorandum dated November 23, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the connection of the new water line into the existing water system was to have been done as part of Phase II installation of the 20-inch water line adjacent to Third Street, from Del Rosa Avenue to the east end of the former Norton Air Force Base. However, this arrangement would have resulted in the work being performed after the street improvements had been completed. This would require sawcutting and removal of a portion of the new asphalt pavement and reexcavation of the area. Therefore, it is recommended that this connection be performed now to eliminate the necessity of tearing up the street at a later date. The contractor was asked to provide a price quote for performing the hot tap between tJ:e water lines. The Water Department has stated the price quote is fair and reasonable for the amount of work to be performed and recommends doing the work at this time. The total project cost included an amount of $845,000 for contingencies, which can be used to finance this additional work. A grant has been secured through the United States Department of Commerce Economic Development Administration to finance 75 percent of the total project costs. The 25 percent local agency share would be funded by tJ:e Inland Valley Development Agency. No City funds are required to finance the cost of this project. 12 12/5/94 Jeff Wright, P.o. Box 2341, San Bernardino, CA, again expressed concern over the number of change orders and the amount of money involved. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that Change Order No. Seven to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "c" Street (Sheppard Boulevard) , and Del Rosa Drive, in accordance with Plan No. 9053, be approved, and authorize the contractor to make a hot tap to the existing 20- inch water line located in Tippecanoe Avenue, for the 20-inch water line being installed as part of this project, at an increase in the contract price not to exceed $7,199, from $4,583,299.87 to $4,590,498.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. COUNCIL MEMBER At 10: 47 a. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council RES. 94-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY AND REPEALING RESOLUTION NO. 94-337. (19) In a memorandum dated November 23, 1994, Peggy Ducey, Assistant to the City Administrator, stated that on October 17, 1994, the Council approved a parking lease agreement with William Austin Company to lease 30 parking spaces in Parking District Lot #3. The William Austin Company is in the process of purchasing the former Stockwell-Binney building, which they will lease to the County Department of Aging. The purchase has not been finalized, in part due to language in Section 10 of the parking agreement which stipulated that the agreement would automatically terminate upon sale of 50 percent ownership of the building. The lender is concerned that if foreclosure of the building occurs, they would still have access to parking for the building tenants. Staff has reworded section 10 to state that upon sale of 50 percent ownership of the building, the city must be notified in writing. This change in agreement language will satisfy the lender and allow the sale of the building to be completed. However, the City's position is still secure since Section 4 allows for cancellation of the agreement without cause with 30 days written notice. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 13 12/5/94 Resolution Ayes: Council Devlin, Miller. No. 94-368 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. TRANSFER FUNDS FROM PARKING DISTRICT FUND TO GENERAL FUND TO PAY FOR YOUTH COMMITTEE PROGRAMS & OUTSTANDING LEGAL FEES - CONTINUED TO LATER IN THE MEETING - SEE PAGE 21 (20) In a memorandum dated November 29, 1994, Fred Wilson, Assistant City Administrator, stated that in fiscal year 79-80, the General Fund loaned the Parking District $812,763.45 to fund an expansion proj ect involving the downtown Parking District lots, which added 254 parking spaces to the Parking District. The payback of the loan to the General Fund was initially established at an interest rate of 7 percent, with a term of 28 years. The payback of the loan was through an additional assessment on the properties in the downtown Parking District area as well as interest earning and rental income. That assessment has been collected since fiscal year 80-81 pursuant to the resolution which establishes the mechanics for the collection. The Finance Department recently completed a review of the Parking District fund balance at the request of the Central City Parking Place Commission. The parking District had accumulated a fund balance of $334,879 as of June 30, 1994. The Finance Department was requested to determine why such a large fund balance existed. This analysis determined that, although the levy of assessments had occurred correctly, the annual transfer of funds from the Parking District to the General Fund to repay the loan had not been transferred in the full acnount as outlined in the authorizing resolution. According to the Finance Department analysis, a balance of $132,216 should be transferred to the General Fund to bring the loan current. This transfer would leave a fund balance of $202,663 in the Parking District fund and would not affect the existing loan, nor change the term of the loan. The proceeds of the transfer are recommended to be allocated as follows: 1) First year funding of the Late Night Hoops and Mentoring/Tutoring Programs as outlined in the Youth Committee Report dated November 2, 1994 -- $35,754, and 2) Payment of legal services for Juanita Scott, et al vs. Common Council of the City of San Bernardino (City Attorney Investigator lawsuit). Through September 1, 1994, the City has incurred approximately $26,000 in legal costs associated with the City's defense in this case. These costs were not anticipated when the budget was prepared, and since the case is on appeal, the final costs are not known at this time. Council Member Miller made a motion, seconded by Council Member Negrete, that the Finance Director be directed to transfer the amount of $132,216 from the Parking District Fund to the General Fund to repay a portion of the outstanding loan to the 14 12/5/94 Parking District, that $35,754 of that amount be allocated to fund the Late Night Hoops and Mentoring/Tutoring Programs as outlined in the Youth committee report, and that the remaining balance of $96,462 be transferred to Account No. 001-092-54102 to fund legal services for the following lawsuit: Juanita Scott, et al vs. Common Council of the City of San Bernardino. (Note: There was no vote taken and the motion was subsequently amended.) Council Member Oberhelman stated he would not support the motion with the inclusion of the second part pertaining to legal fees. Council Member Oberhelman amended the motion, seconded by Council Member Devlin, that the Finance Director be directed to transfer the amount of $35,754 from the Parking District Fund to the General Fund to repay a portion of the outstanding loan to the Parking District, that said amount be allocated to fund the Late Night Hoops and Mentoring/Tutoring Programs as outlined in the Youth Committee Report for the first year. (Note: The vote was taken after discussion.) COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:52 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at ~he council table. Discussion ensued regarding the lawsuit of Juanita Scott, et al vs. Common Council of the City of San Bernardino, the fact that approval had been given to appeal the case and it is now in the appeal process, where the money should come from to pay the legal fees associated with this case, and the fact that the Council might be personally liable if they took actions not in the best interests of the City. The advisability of addressing two such separate items in one motion was also discussed. Shauna Clark, City Administrator, stated she did not think it was proper to bill Mr. Penman's department for Mr. Sabo's fees in this case and was trying to set aside money in the event more fees were incurred. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 10: 59 a. m., City Administrator Shauna Clark left the Council meeting. Council Member Oberhelman reiterated his amended motion, seconded by Council Member Devlin, that the Finance Director be directed to transfer the amount of $35,754 from the Parking District Fund to the General Fund to repay a portion of the outstanding loan to the Parking District, that said amount be allocated to fund the Late Night Hoops and Mentoring/Tutoring 15 12/5/94 Programs as outlined in the Youth Committee Report for the first year, and suggested that the Mayor call for the question on the amended motion so that Late Night Hoops would be funded and take up the second part of the original motion later in the meeting. The amended motion carried by Council Members Curlin, Hernandez, Nays: Council Member Pope-Ludlam. Negrete. Absent: None. the following vote: Ayes: Oberhelman, Devlin, Miller. Abstain: Council Member Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to accept the second part of the motion, as recommended by City Administrator Shauna Clark, that the remaining balance of $94,462 in the Parking District Fund be transferred to Account No. 001-092-54102 to fund legal services for the lawsuit of Juanita Scott, et al vs. Common Council of the City of San Bernardino. (Note: There was no vote taken.) Council Member Oberhelman made a motion, seconded by Council Member Miller, to continue the second part of the motion as originally made by Council Member Miller and recommended by City Administrator Shauna Clark, to the afternoon. The motion carried by the following vote: Ayes: Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Negrete. Absent: Council Miller. None. RECESS MEETING At 11:07 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:16 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 30Cl North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Senior Assistant City Attorney Barlow, Economic Development Agency Legal Counsel Timothy Sabo, Economic Development Agency Administrator Timothy Steinhaus, City Clerk Rachel Clark. Absent: None. COMMUNITY DEVELOPMENT COMMISSION . REGULAR MEETING At 11:16 a.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 12/5/94 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Communi ty RECESS MEETING At 11:51 a.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Hernandez, Oberhelman, Devlin, Deputy City Attorney Empeno, Planning and Building Services Director Boughey, City Clerk Rachel Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. PUBLIC HEARING SUPERBLOCK PROJECT GENERAL PLAN AMENDMENT NO. 94-03 - DEVELOPMENT PERMIT TYPE II NO. 94- 08 & PARCEL MAP NO. 14718 (25) This is the time consider the Superblock Development Permit Type and place set for a public hearing to Project, General Plan Amendment No. 94-03, II No. 94-08 and Parcel Map No. 14718. In a memorandum dated November 19, 1994, Al Boughey, Director of Planning and Building Services, stated that the Economic Development Agency (EDA) had requested to amend the text of the CR- 2, Commercial Regional (Downtown) General Plan land use designation to increase the floor area ratio (FAR) from 3.0 to 5.0. General plan Amendment No. 94-03 would accommodate a proposal to redevelop one square-block (8.26 acres) in the downtown portion of the City generally located between 4th, 5th, "D", and "E" Streets. Under the authority of Development Code Chapter 19.44, the EDA also requests approval of Development Permit Type II (DPII) No. 94-08. phase I of the project includes the construction of one 13-story Caltrans District 8 office building, one 6-story consolidated state office building, and one 6-level parking structure for a total of 604,825 square feet of office, retail, and parking space. Phase II includes ~595,000 square feet of space which would be constructed when the market indicates sufficient demand exists for this type of space in the downtown area. The project would ultimately provide 1.2 million gross square feet of office/commercial retail space. The proposal also includes Parcel Map No. 14718 to combine 32 lots into 4 parcels. 17 12/5/94 The key issues of the project are identified as follows: 1) The project Environmental Impact Report (EIR) indicates the majority of environmental impacts resulting from the Superblock Project can be mitigated, 2) During construction of Phases I and II, the project would result in unavoidable short-term, significant adverse impacts on air quality and noise that cannot be mitigated to below a level of significance; 3) Findings for Statements of Overriding Consideration have been prepared for the two unavoidable, short-term, significant adverse impacts for the approval and adoption of the Superblock Project, 4) A Traffic Impact Analysis (TIA) Report was prepared for the project because it is subject to the regional Congestion Management Plan (CMP) , and 5) The TIA indicates that the Superblock proj ect' s fair share contribution toward CMP roadway and freeway improvements is approximately $6,926,201. Comments received during the CEQA public review period for the DEIR would result in no changes to the DEIR. The Planning Commission recommended to the Mayor and Common Council the certification of the EIR, preparation of Findings for Statements of Overriding Consideration, approval of the Mitigation Monitoring Program, and approval of General Plan Amendment No. 94-03, Development Permit II No. 94-08, and Parcel Map No. 14718. Mayor Minor opened the public hearing. COUNCIL MEMBER CURLIN RETURNED At 2:06 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Director Boughey explained the purpose and scope of General Plan Amendment No. 94-03, Development Permit II No. 94-08, and Parcel Map No. 14718 and introduced some of the key personnel involved in the Superblock Project--Dave Padruit, development consultant, Paul Dana, project architect, Tom Dotson, staff environmental consultant, Frank Wein, EIR consultant; Gene Klatt, Assistant City Engineer, Deborah Woldruff, Associate Planner, and Lou Barowoj, project manager. COUNCIL MEMBERS POPE-LUDLAM & MILLER RETURNED At 2:10 p.m., Council Members Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. Director Boughey introduced Paul Dana, project architect, who reviewed the building designs and presented a model of the proposed buildings and their layout within the proposed Superblock Project. Jeff wright, P.O. Box 2341, San Bernardino, CA, stated he had several environmental concerns relating to the geothermal and liquefaction factors and questioned the construction of a 13-story building in an active seismic zone. He also expressed the need to remove the diagonal parking downtown. 18 12/5/94 Larry Webster, stated he would like to see a copy of the EIR on this project, that this should be made available for the public to read other than at the Council meeting. RES. 94-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT FOR THE SUPERBLOCK PROJECT PURSUANT TO THE CONGESTION MANAGEMENT PLAN. (25A) RES. 94-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PROGRAM, ADOPTING GENERAL PLAN AMENDMENT NO. 94 - 03 TO AMEND THE TEXT OF THE GENERAL PLAN, AND, CONS IDERING APPROVAL OF THE SUPERBLOCK PROJECT (ET AL) . (25B) Council Member Negrete made a motion, Member Curlin, and unanimously carried, that closed. seconded by Council the public hearing be Discussion ensued regarding the expense of this proj ect, especially with regard to the Congestion Management Plan, which requires counties and cities to adopt and implement a program to analyze the impacts of land use decisions on the roadways and freeways and make a fair share contribution toward CMP roadway and freeway improvements. Gene Klatt, Assistant City Engineer, answered questions and explained some of the background on the Congestion Management Plan and the Traffic Impact Analysis performed for the Superblock Project. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council adopt said resolution which certifies the Environmental Impact Report (EIR) , adopts the Statements Overriding Consideration, approves the Mitigation Monitoring Program, and approves General Plan Amendment No. 94-03, and that said resolution be adopted which certifies the Traffic Impact Analysis Report, and approves Development Permit Type II No. 94-08 and Parcel Map No. 14718 based on the findings of Fact contained in Exhibit 4 and sub-ject to the Conditions of Approval and Standard Requirements contained in Exhibit 5 of the memo from Al Boughey, Director of Planning and Building Services dated November 19, 1994. The motion carried, and Resolution Nos. 94-369 and 94-370 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 19 12/5/94 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 94-08 - MODIFY SIGN REGULATIONS PERTAINING TO BILLBOARDS/OFF-SITE SIGNS ESTABLISH CRITERIA FOR FREEWAY SIGNS FOR QUALIFYING BUSINESSES (26) This is the time and place set for a public hearing to consider Development Code Amendment No. 94-08, modification of sign regulations pertaining to billboards/off-site signs and establish criteria for freeway signs for qualifying businesses. In a memorandum dated November 10, 1994, Al Boughey, Director of Planning and Building Services, stated that General Plan Policy 1.45.1 prohibits the development of new billboards in the City, except as on-site replacement of exis~ing units. A request has been submitted to allow an off-site sign to be placed on an existing freeway sign structure to advertise a business not adj acent to a freeway right -of -way. There are currently no provisions for off-site freeway signs in the Development Code. Pursuant to Section 15061 (b-3) of the CEQA guidelines, the proposal to modify the definitions relating to sign standards and regulations regarding sign placement is exempt from CEQA, as it is covered by the general rule that CEQA applies only to proj ects which have the potential for causing a significant effect on the environment. Mayor Minor opened the public hearing. Director Boughey stated that previously off-site signage has not been allowed. This amendment to the Development Code would open the door slightly to allow very large users with a building of 50,000 square feet or more, who are within 750 feet of the freeway, to add their sign to an already existing sign on the freeway. He added that part of the negotiations for Best Buy to locate in the City was to allow them to have an off-site sign. Deputy City Attorney Empeno advised that he had distributed a revised ordinance to the Council. The revisions were not substantive, but pertained only to grammar and punctuation. Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated he would like to scrutinize the amended ordinance and asked that this item be continued until everyone at the dais had a chance to read the new version of the ordinance. 20 12/5/94 AN ORDINANCE OF THE CITY OF SA." BERNARDINO AMENDING CHAPTER 19.22, SECTIONS 19.22.030, 19.22.060(G), 19.22.080, AND 19.22.150, AND CHAPTER 19.14, SECTION 19.14.030 (6) AND (7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) MODIFYING DEFINITIONS RELATING TO BILLBOARDS/OFF-SITE SIGNS, AND ADDING CRITERIA BY WHICH A QUALIFYING BUSINESS MAY ESTABLISH A FREEWAY SIGN, APPLYING CITYWIDE. First (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the public hearing be closed. At the Council's request, Deputy City Attorney Empeno pointed out each change made to the ordinance. Discussion ensued regarding the criteria for freeway signs and what would constitute a qualifying business under the conditio~s of this ordinance. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said ordinance be laid over for final adoption based on the findings of facts contained in (Exhibit 2) of the memorandum from Al Boughey, Director of Planning and Building Services, dated November 10, 1994. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Nays: None. Absent: None. Ayes: Council Devlin, Pope- TRANSFER FUNDS FROM PARKING DISTRICT FUND TO GENERAL FUND TO PAY FOR YOUTH COMMITTEE PROGRAMS AND OUTSTANDING LEGAL FEES - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 14 (20) This is the time and place continued to for consideration of transfer of funds from the Parking District Fund to the General Fund to pay for outstanding legal fees. Council Member Hernandez made a motion, seconded by Council Member Negrete, to approve the transfer of $96,462 from the Parking District Fund to Account No. 001-092-54102 to fund legal services for the following lawsuit: Juanita Scott, et al vs. Common Council of the City of San Bernardino. (Note: There was no vote taken.) Council Member Miller made a substitute motion, seconded by Council Member Devlin, to approve the transfer of $96,462 from the Parking District fund to the City Attorney's budget account to fund legal services for the following lawsuit: Juanita Scott, et al vs. Common Council of the City of San Bernardino. (Note: There was no vote taken.) 21 12/5/94 Council Member Devlin made a motion, seconded by Council Member Oberhelman, to transfer $26,000 from the Parking District Fund to Mr. Penman's budget account to pay for the Juanita Scott, et al vs. Common Council of the City of San Bernardino lawsuit and transfer the remaining balance of $70,462 to the General Fund. (Note: There was no vote taken.) DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:50 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attor~ey Penman. A discussion was held relative to the costs associated with the Juanita Scott, et al vs. Common Council of the City of San Bernardino lawsuit. City Administrator Shauna Clark noted that the $132,216 could have been transferred to the General Fund without coming to the Council. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, to reconsider the motion as originally recommended by the City Administrator's Office. The substitute motion carried by the following vote: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Council Members Oberhelman, Devlin, Miller. Absent: None. Ayes: Nays: Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Finance Director be directed to transfer the amount of $132,216 from the Parking District Fund to the General Fund to repay a portion of the outstanding loan to the Parking District, that $35,754 of that amount be allocated to fund the Late Night Hoops and Mentoring/Tutoring Programs as outlined in the Youth Committee report, and that the remaining balance of $96,462 be transferred to Account No. 001-092-54102 to fund legal services for the following lawsuit: Juanita Scott, et al vs. Common Council of the City of San Bernardino (City Attorney Investigator lawsuit). (Note: There was no vote taken.) Jeff Wright, opposition to the lawsuit. P.O. Box 2341, San Bernardino, CA, expressed taxpayers paying the costs associated with this Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, to place all of the $132,216 in the unappropriated reserve. (Note: There was no vote taken.) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed interest in the fact that two such different items were placed on the same agenda item in the same motion. He noted that the City Council had lost the appeal on this case and expressed opposition to money being set aside to continue the appeal process in this case. 22 12/5/94 Further discussion ensued regarding the proposed transfer of funds. City Administrator Shauna Clark stated she regretted bringing both items to the Council in the same motion, that she was concerned about showing the Council where all the money is allocated in the budget. She certainly did not want to jeopardize Late Night Hoops. Mayor Minor noted that the problem with the whole situation had nothing to do with improper wording of the motion or the improper placing of the two items together, the whole thing had to do with a lack of trust and mistrust on the part of everyone. He added that until the trust issue is resolved, this type of situation will continue to come up because no one trusts anyone else. City Attorney Penman noted that it is time to get back to doing business as usual, follow normal routines, and stop dealing in politics. He stated that in his opinion it is illegal under the charter for the City Administrator to ~ake any decisions relative to the payment of legal fees, that is up to the City Attorney to make those decisions. Council Member Oberhelman withdrew his substitute motion. The motion made by Council Member Hernandez and seconded by Council Member Pope-Ludlam, carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 3:24 p.m., City Attorney Penman left the meeting and was replaced by Senior Assistant City Attorney Barlow. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 3:24 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Agency Director Timothy Steinhaus. EDA LEGAL COUNSEL SABO RETURNED At 3:24 p.m., Attorney Sabo, legal counsel for the Economic Development Agency, returned to the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:24 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 23 12/5/94 PUBLIC HEARING - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN APPLICATION HARRIS' DEPARTMENT STORE BUILDING ACQUISITION - 300 NORTH "En STREET (R7) This is the time and place set to consider a U.S. Department of Housing and Urban Development (HUD) Section 108 loan application relative to the Harris' Department Store acquisition. In a memorandum dated November 29, 1994, Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, stated that Section 108 of the Housing and Community Development Act of 1974, as amended, authorized a program of community development loan guarantee assistance (HUD Section 108 Loan) . Under this program, the Housing and Urban Development Department provides cities that receive entitlement grants with front-end financing for large scale community and economic development projects that cannot be financed from annual grants. As with all Community Development Block Grant (CDBG) program activities, the projects financed under the Section 108 Program must either principally benefit persons of low and moderate income, aid in the elimination or prevention of slums and blight, or meet other community development needs having a particular urgency. The Harris' Company principally and directly benefits low and moderate income persons through its provision of goods and services, as well as through the retention and creation of jobs, therefore, is an eligible project for a HUD 108 loan. The Harris' Company is located in a low income census tract and benefits low and moderate income persons by retaining 450 jobs in San Bernardino--262 of which are low and moderate income and 105 of which are very low income. Records indicate that Harris' currently employs 162 full-time and 100 part-time employees of low and moderate income, and 92 full-time and 13 part-time very low income employees. Additionally, 50 new jobs are anticipated to be created over the next five years. The City is requesting a HUD Section 108 Guaranteed Loan in the amount of $ 7,350, 000 over a term of 20 years based upon a purchase price and anticipated apprai.sed value of $10,500,000. These funds would be used to assist Harris' Company, a maj or tenant, with the acquisition of the building they currently occupy and lease, thus maintaining the economic viability of the Carousel Mall. The use of a Community Development Block Grant (CDBG) Float Loan in the amount of approximately $3,150,000, in conjunction with the Section 108 loan, is necessary to make this project viable. Per the requirements of a Section 108 guaranteed loan, the City's CDBG funds would be used to secure this loan. In addition, the Harris' Company would pledge a first trust deed on the subject property. 24 12/5/94 The current condition of the Carousel Mall necessitates the use of the Section 108 Loan Application. The mall now has 120,000 square feet of vacant space and is threatened with the potential closure of Harris' Department Store, which is facing a minimum 15 percent rent escalation effective February 1995. With recently decreased sales and increasing lease payments, the Harris' Company is planning to close its department store in San Bernardino and relocate its corporate offices to Riverside unless it is able to successfully acquire its building under favorable terms. The potential loss of a key anchor of the Carousel Mall, located on the main arterial street of the downtown core, could precipitate the total failure of the mall and surrounding business area, resulting in the direct and immediate loss of an estimated 1600 jobs without considering the spinoff impact on neighboring businesses. Mayor Minor opened the public hearing. Stafford Parker, Deputy Director, Economic Development Agency, gave a brief purpose of HUD Section 108 Loans. Development Department, overview of the scope and Timothy Steinhaus, Economic Development Agency Administrator, explained that Council was being requested to approve submittal of the loan application to HUD. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke against subsidizing Harris' Company and the Carousel Mall in general. Mike Hough, 1104 East 34th Street, San Bernardino, CA, stated that as a member of the Citizens' Advisory Committee he wanted to express approval of the attempt to keep Harris' here in this city and in the Carousel Mall, however, the committee did have certain conditions and recommendations they wanted to present for consideration. Tom McPeters, Director, Officer, and General Counsel for Harris' Company, stated he had been associated with the Harris' Company for 30 years, and the problem is not one of the Harris' Company, but a problem of an uneconomic store and being part of the downtown structure with escalating rent and declining sales. He added that Harris' would have to make a large financial contribution to be a part of this plan to reinvigorate downtown, that what they want is a successful shopping center, and if it is not going to be successful downtown, they do not want to be there. Discussion ensued regarding the amount of money involved in a project of this scope, the prospects for the Carousel Mall if this project does not materialize, and the expectations of each party involved. 25 12/5/94 James Wirth, 1980 North Sierra Way, San Bernardino, CA, expressed concern that this project does not address the root problem of the downtown area, and also noted that an appraisal would be crucial to going ahead with the project. Larry Webster, stated he thought the City had a conflict of interest. Li ta Pezant, 1514 West Evans Street, San Bernardino, CA, questioned what type of business expansion would be taking place and exactly how many jobs would be retained or created. Timothy Steinhaus, Economic Develcpment Agency Administrator, stated that the proposal is for a $3.1 million float loan using CDBG money as a guarantee only, that Harris' is putting up a letter of credit. The $3.1 million is never in jeopardy of being spent. Helen Kopcynski, 8150 Cable Canyon Road, San Bernardino, CA, stated that if approval was given to submit the loan application, the item should be set for another public hearing so the public is kept apprised of the process after the application is made. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the public hearing be closed. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve the U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Application and a Community Development Block Grant (CDBG) Business Retention Loan for the Harris' Department Store Building Acquisition project, and authorize the Mayor and Acting Director to execute all necessary documents. Further, that staff be authorized to submit said application to HUD and instructed to hold regular public briefings as the project develops. PUBLIC HEARING U. S. DEPARTMENT OF HOUSING DEVELOPMENT CONSOLIDATED PLAN & URBAN (R8) This is the time and place set for a public hearing to consider the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan regarding the housing and community development needs of the City. In a memorandum dated November 29, 1994, Barbara Lindseth, Acting Director of the Development Department of the Economic Development Agency, stated that the U.S. Department of Housing and Urban Development (HUD) intends to reduce the burden of administering certain Housing and Community Development programs by consolidating the planning and application requirements into a single housing and community development consolidated plan and 26 12/5/94 strategy. The new housing community development strategy would integrate into one consolidated plan the Comprehensive Housing Affordability Strategy (CHAS) , the Community Development Block Grant (CDBG) Final Statement, the Home Investments Partnerships (HOME) Program Description, and the Emergency Shelter Grant (ESG) Application. Of primary concern would be the needs of low and very low income individuals and families, as well as the needs of the homeless and low income target areas, and the elimination of slum and blight. The Consolidated Plan is a three to five year planning document which would address the use 0: federal grant/entitlement funds for the purpose of meeting the goals of providing housing, a suitable living environment, and expanded economic opportunities for those in need in our community. As part of the Consolidated Plan requirements, all jurisdictions are required to hold a minimum of two public hearings during each program year cycle in order to help identify housing and community development needs and, at a later date, review the proposed use of funds. Mayor Minor opened the public hearing. Laura Landa, Development Specialist, Economic Development Agency, stated that HUD is requiring this plan in an effort to reduce the administrative burden on all cities and to allow for a more cohesive and cooperative effort in determining how the funds are spent. Captain Hal Hads of the Salvation Army, 746 West 5th Street, San Bernardino, California, spoke on the need for the City to be involved in the plight of the homeless and hungry. Donna Beveridge, Director of Community Services, Arrowhead United Way, 646 North "D" Street, San Bernardino, California, spoke on behalf of Arrowhead United Way and the Childcare Council, stating she would like the City to support and provide affordable childcare in our area, especially for welfare mothers who want to work. Joan Harter, Head of the Human Services Department, San Bernardino Valley College, 701 South Mt. Vernon, San Bernardino, CA, spoke on the need to include vocational education, especially alcohol and drug studies, under the Consolidated Plan. Lita Pezant, 1514 West Evans Street, San Bernardino, CA, expressed her concern for the uses of CDBG money and her desire to see programs funded for youth who are going to juvenile hall. Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked for the total dollar amount of this proposed program. 27 12/5/94 Director Steinhaus stated there are three programs--the Emergency Shelter Grant, which annually receives about $100,000, the Home Investment Program which receives $1.5 million, and the Community Development Block Grant program, which receives about $3.3 million per year. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the public hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the Mayor and Common Council accept comments and views of residents, public agencies, and other interested parties on the HUD Consolidated Plan regarding the Housing and Community Development Yleeds of the City. RECESS MEETING At 4:24 p.m., Chairman Minor declared a five-minute recess. RECONVENE MEETING At 4:32 p.m., Chairman Minor reconvened the regular meeting of the Community Development Commission of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Chairman Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Senior Assistant City Attorney Barlow, Economic Development Agency Legal Counsel Timothy Sabo, Economic Development Agency Administrator Timothy Steinhaus, City Clerk Rachel Clark. Absent: None. PUBLIC HEARING - - 4 985 HALLMARK AGREEMENT COMPANY EXPANSIOK - PRIME LINE PRODUCTS PARKWAY - DISPOSITION AND DEVELOPMENT (R4) This is the consider a certain the Redevelopment University Service time and place set for a public hearing to Disposition and Development Agreement between Agency of the City of San Bernardino and Center, Ltd. (Prime Line proj ect) . In a memorandum dated November 30, 1994, Barbara Lindseth, Acting Director of the Development Department of the Economic Development Agency, stated that staff is seeking approval of a Disposition and Development Agreement with University Service Center, Ltd., for the development of a 100,000 square foot warehouse and distribution facility for use by Prime Line Products located on Industrial Parkway between Cable Creek and Devil's Creek flood control channels. In August of 1990, the Community Development Commission approved an Owner Participation Agreement with H.A.B. Land Development Company which provided a loan of 28 12/5/94 $2,130,000 for roadway and bridge construction in the Northwest and State College Redevelopment Project areas. In August of 1992, the Community Development Commission approved an additional $300,000 loan in order for the proj ect to be completed as proposed. Subsequently, in December 1992, H.A.B. Land Development Company filed a Notice of Completion with the County of San Bernardino, and in March of 1993, the Director of Public Works certified that all work completed in connection with the bridges over the Devil' s Canyon and Cable Creek Channels was satisfactory, however, additional improvements are required to complete the tract's off- site development, including underground utilities. The principals of H.A.B. were unable to make loan payments, therefore, the Community Development Commission agreed on July 18, 1994, to accept a deed in lieu of foreclosure in favor of the Agency and accepted the land "as-is." On August 1, 1994, the Community Development Commission approved deal points with Prime Line Products and University Service Center, Ltd., regarding acquisition of a 7.1 acre parcel of the 40-acre site for a proposed Prime Line expansion. The existing 40-acre site, which consists of four parcels, does not: allow for proper development due to inadequate size of the parcels, poor street frontage or lack of street frontage of the parcels. Therefore, a lot line adjustment is necessary to give all four parcels good street frontage and adequate square footage for development. Based on previous Commission action, the Economic Development Agency would write-down the cost of the land from $1.50 a square foot to $1.00 a square foot. This write-down results in the developer paying the Economic Development Agency $309,270 for the Prime Line parcel. Fee assistance in the not-to-exceed amount of $48,000 was also requested of the Economic Development Agency and approved by the Commission, which results in the developer paying a cash price of $261,270. In order for the Economic Development Agency to deliver a developable site for Prime Line Products and serve the remaining site for future development, the Economic Development Agency must install certain off-site improvements that are for the benefit of the entire 40-acre site. The Economic Development Agency would reimburse the developer for his share of these off-site improvements in the amount of $131,340, plus additional miscellaneous fees of $30,000. Although the total cost to the Economic Development Agency for this project is $721,030, out-of-pocket costs are much less and would be more than covered by the developer's cash payment for ~he land. The Economic Development Agency's out-of-pocket costs are estimated to be approximately $161,340. The developer will pay the Economic Development Agency $261,270 cash for the 7.1 acres of land, which will fund the Economic Development Agency's out-of-pocket cost, leaving the Economic Development Agency a net of $99,930 cash as follows: 29 12/5/94 Price of land after write down Less Agency permit fee write-down Cash paid by Developer Less Reimbursement for off-sites Less Escrow, title insurance, back taxes, lot line adj. & misc. Net Cash to Agency $309,270 (48.000) $261,270 (131,340) ( 30,000) $ 99,930 -------- -------- Stafford Parker, Deputy Direct02', Development Department, Economic Development Agency, presented an overview of the monetary commitments and responsibilities of both the Economic Development Agency and the developer. Jeff Wright, P.O. Box 2341, San Bernardino, CA, had questions regarding how the realignment of a lot comes about and whether the reconfiguration of the lot line included the parking lot. It was noted that it includes the entire project, including the parking lot. RES. 94-371 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) . (R4) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried. that the public hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-371 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - ASSEMBLY BILL 1290 - REDEVELOPMENT PLAN AMENDMENTS FOR VARIOUS REDEVELOPMENT PROJECT AREAS (R6) This is the time and place set consider AB1290, Redevelopment Plar. Redevelopment project areas. for a public hearing to Amendments for various In a memorandum dated November 29, 1994, Barbara J. Lindseth, Acting Director, Development Department, Economic Development Agency, stated that on October 6, 1993, Governor Wilson signed into law Assembly Bill (AB) 1290, known as the California Community Redevelopment Law Reform Act of 1993. AB1290 addresses abuses and problems in redevelopment practices and refocuses the redevelopment 30 12/5/94 process on statewide concerns of alleviating blight, stimulating economic development, and providing affordable housing. Another major objective of AB1290 was the establishment of financial limits and related issues relative to redevelopment plans. For redevelopment proj ects which are adopted on or before December 31, 1993, AB1290 added limitations to time limits on: 1) Establishing indebtedness, 2) Effectiveness of the redevelopment plan, 3) Repayment of indebtedness, and 4) Commencement of eminent domain proceedings. In accordance with the AB-1290 legislation, the Agency must amend its redevelopment plans in order to address these issues. Mayor Minor opened the public hearing. Timothy Steinhaus, Economic Development Agency Administrator, stated that these ordinances bring the dates of the various redevelopment project areas into conformance with existing laws. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY PROJECT NO. 1 REDEVELOPMENT PROJECT. First (R6A) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK REDEVELOPMENT PROJECT. First (R6B) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT. First (R6C) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT. First (R6D) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. First (R6E) 31 12/5/94 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT. First (R6F) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT. First (R6G) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT. First (R6H) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT. First (R6I) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT. First (R6J) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TRI-CITY REDEVELOPMENT PROJECT. First (R6K) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT. First (R6L) AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT. First (R6M) Council Member Oberhelman made a motion, seconded Member Curlin, and unanimously carried, that the public closed. by Council hearing be 32 12/5/94 Council Member Pope-Ludlam made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinances be laid over for final adoption. RECESS MEETING - CLOSED SESSION (1) At 5:24 p.m., the Mayor and Commor. Council recessed to closed session for the following: 1. Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): (1) David Hatfield vs. City of San Bernardino - United States District Court Case No. SACV 93-317 LHM, (2 ) Manta Manaoement Corporation vs. Bernardino - United Sta~es District CV - ED 94-251 RT (Mcx); Citv of San Court Case No. (3) Juan Manuel Sanchez vs. Citv of San Bernardino. et al - United States District Court Case No. CV 87- 2291 AWT (Bx) , (4) Cal Safari, Inc. dba In Cahoots, et al vs. Citv of San Bernardino, et al United States District Court Case No. SACV 94-955 LHM (EEx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: two cases. CLOSED SESSION At 5:24 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Senior Assistant City Attorney Barlow, Economic Development Agency Legal Counsel Timothy Sabo, Economic Development Agency Administrator Timothy Steinhaus, Brooks London, Mobilehome Consultant for the Economic Development Agency, City Clerk Rachel Clark. Absent: None. CITY ATTORNEY PENMAN RETURNED At 5:27 p.m., City Attorney Penman returned to closed session. 33 12/5/94 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR TIMOTHY STEINHAUS & ECONOMIC DEVELOPMENT AGENCY LEGAL COUNSEL TIMOTHY SABO & MOBILE HOME CONSULTANT BROOKS LONDON EXCUSED At 5:29 p.m., Economic Development Agency Administrator Timothy Steinhaus, Economic Development Agency Legal Counsel Timothy Sabo, and Mobile Home Consultant Brooks London left the closed session. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 5:29 p.m., City Administrator Shauna Clark returned to the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 5:32 p.m., City Administrator Shauna Clark left the closed session. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY RETURNED At 5:34 p.m., Planning and Building Services Director Boughey returned to the closed session. ADJOURN CLOSED SESSION At 5: 35 p. m., the closed session adj ourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 5:36 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. WAIVE FEES - $1,575 - SECCOMBE LAKE PARK & FACILITIES - DECEMBER 18, 1994 - DINNER FOR HOMELESS - DONNA CONANT (S5) In a memorandum dated December 4, 1994, City Administrator Shauna Clark stated that Ms. Donna Conant had asked the Mayor and Common Council to waive all fees associated with using Seccombe Lake Park for a sit-down dinner for the homeless to be held Sunday, December 18, 1994. 34 12/5/94 Donna Conant, 1200 Hill Drive, San Bernardino, CA, spoke briefly to the Council regarding her plans to feed the homeless, and stated that the Health Department was willing to exempt her from obtaining their permit. Discussion ensued regarding the responsibility to feed the homeless, and the fact that only the $75 park rental fee could be waived by Council, since Resolution 94-66 which establishes fees for public facilities makes no provisions for waiver of the clean- up deposit or damage bond. Also discussed was the possibility of asking the Economic Development Agency to use their homeless monies to pay the fees. Council Member Hernandez made a motion to have the Economic Development Agency (EDA) use homeless monies to pay the fees. (Note: The motion failed for lack of a second.) City Administrator Shauna Clark stated that if the Council was deciding to have EDA pay the fees they could still approve the plan in principle. Mayor Minor suggested that the matter be tabled and he would handle the matter administratively and asked Timothy Steinhaus, Economic Development Agency Administrator, to pay the fees out of EDA monies. It was agreed that the Council was in favor of feeding the homeless. Council Member Curlin made a motion, Member Hernandez, and unanimously carried, tabled. seconded by Council that the matter be DISCUSS & TAKE POSSIBLE ACTION INSPECTION PROGRAM RENTAL HOUSING (S2) In a memorandum dated November 29, 1994, Council Member Hernandez recommended discussion and possible action be taken to adopt the Rental Housing Inspection Program. Discussion ensued regarding the need for a rental inspection program, how it could be financed without adversely impacting the landlords (it was noted that Mesa, Arizona has such a program), that the burden of financing should be borne by the people responsible for the problems, and, the fact that all members of Council were in favor of some type of ~'ental inspection program. It was suggested that Council continue this item until December 19, when a couple of variations of programs could be examined. It was also suggested that Council approve a program in concept only. Shauna Clark, City Administrator, stated that the City Attorney did not support having the inspections tied together with the business registration program, therefore, she would talk to Timothy Steinhaus, Economic Development Agency Administrator, to 35 12/5/94 ascertain what money is available through EDA. She stated she would like to get the ball rolling, yet remain flexible and willing to make changes as the program unfolds. John Kirley, 1170 North Arrowhead Avenue, San Bernardino, CA, protested the methods used by code enforcement officers. City Attorney Penman stated the one thing that concerns him is whether a single-family residence can be considered a business. He added that if the program started out applying only to those with two or more rentals that would do away with his concerns regarding this. City Administrator Shauna Clark stated that if enough money could be found to fund the program for one year, it would give the landlords a chance to fix up their property so they would not be negatively impacted by the program, since the emphasis should be on those landlords who do not comply with the ordinances. Al Pritchett, 875 Laurel Street, Corona, CA, a representative of the Apartment Association of Greater Inland Empire, expressed concern regarding the ordinances as presently written. He stated he would like to see a voluntary program that could be used in conjunction with a City program, where the burden would be borne by those responsible for violating the code. COUNCIL MEMBER CURLIN EXCUSED At 6:04 p.m., Council Member Curlin left the Council meeting. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be continued to December 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. In response to a suggestion by Council, City Administrator Shauna Clark stated she could come back to the Mayor and Common Council meeting on December 19, 1994, with more options for the Council to consider. COUNCIL MEMBER CURLIN RETURNED At 6:05 p.m., Council Member Curlin returned to the Council Meeting and took his place at the council table. COUNCIL MEMBER At 6:05 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council REQUEST FROM CITY OF SAN FRANCISCO TO JOIN "FRIEND OF THE COURT BRIEF" ESTABLISHING WHEN A CITY CAN DETERMINE THAT A BIDDER IS IRRESPONSIBLE (S3) 36 12/5/94 City Attorney Penman explained that the League of California Cities has authorized the preparation and filing of an amicus brief on the issue of when a city can determine that a bidder is irresponsible. They are asking all cities to join and support this action, since it is important to all municipalities to be able to disqualify contractors from bidding on public works projects where the contractors have acted irresponsibly in the past. He added that there would be no cost to the City to join this action Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the City Attorney be directed to join the pending appeal as an Amicus Curiae. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 1 OF SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE AUTHORITY OF THE SECURITY GUARD PERSONNEL IN THE CAROUSEL MALL TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE IN AND AROUND THE CAROUSEL MALL. First (84) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the matter be continued to December 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: None. Absent: Council Member Pope-Ludlam. Council Miller. WAIVE FEES - CHILDREN'S CHRISTMAS PARTY - $125 - LA PLAZA PARK - DECEMBER 18, 1994 - SAN BERNARDINO INLAND EMPIRE LIONS CLUB & INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE (21) In a memorandum dated November 22, 1994, Recreation Superintendent John Kramer, Parks, Recreation and Community Services, stated that the San Bernardino Inland Empire Lions Club was requesting a waiver of fees for the use of La Plaza Park on December 18, 1994, in the amount of $125. He noted that the requester meets the requirements of Resolution 94-66, which allows the Mayor and Common Council to exempt non-profit corporations and associations from these fees. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the request to waive fees in the amount of $125 for the use of La Plaza Park on December 18, 1994, by the San Bernardino Inland Empire Lions Club and the Inland Empire Chamber of Commerce, be approved. 37 12/5/94 RES. 94-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT WITH THE CITY OF LONG BEACH FOR THE DESTRUCTION OF NARCOTIC EVIDENCE. (22) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94 - 3 72 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-510 ENTITLED IN PART "RESOLUTION. . . ESTABLISHING SEWER CONNECTION AND INSPECTION FEES. " TO AUTHORIZE A FREEZE OF THE SEWER CONNECTION FEE DESIGNATED FOR CONSTRUCTION AND IMPROVEMENTS OF THE WASTEWATER TREATMENT PLAN - TO THE RATE IN EFFECT ON OCTOBER 1, 1993. (23) Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the matter be continued to December 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Pope-Ludlam. RES. 94-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SALES PRICE OF $190,000.00 AND DECLARING THE INTENTION OF THE CITY TO SELL THAT CERTAIN PROPERTY LOCATED AT 1350 SOUTH "E" STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94 - 3 73 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. 38 12/5/94 ADJOURNMENT At 6:10 p.m., the regular meeting adjourned. The next regular meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, December 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 4:H~f;e-:tj Deputy City Clerk No. of Items: 36 No. of Hours: 8 39 12/5/94