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HomeMy WebLinkAbout05-27-1983 Minutes . . City of San Bernardino, California . May 27, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held Monday, May 23, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjourn- ment of said meeting held Monday, May 23, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted on Tuesday, May 24, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Coun- cil of the City of San Bernardino was called to order by Mayor Holcomb at 2:05 p.m., on Friday, May 27, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen Jones, City Chaplain. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Marks. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb, Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Hernandez, Strickler. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AGENDA - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . AGREEMENT - ENGLISH ENTERPRISES, INC. - FINANCING OF RAMADA HOTEL - CENTRAL CITY/MEADOWBROOK PROJECT AREA - CONTINUED FROM MAY 23, 1983 This is the time and place continued to for the considera- tion by the Community Development Commission/Redevelopment Agency of an amendment to an agreement with English Enterprises, Inc., relating to the development of the Ramada Inn Hotel property lo- cated within the Central City/Meadowbrook Project Area. After lengthy discussion, the Community Development Commis- sion/Redevelopment Agency adopted a resolution authorizing the Agency to advance the sum of $385,000 for construction obligation for the development of the Ramada Hotel and adopted another reso- lution authorizing the Redevelopment Agency to purchase a promis- sory note and trust deed from the Bank of America National Trust and Savings Association relating to the Hotel property site. . RECESS MEETING - CLOSED SESSION At 2:27 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss pending litigation. . . . CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: H~lcomb; Council Members Castaneda, Reilly, Marks, Quiel, C~ty Attorney Prince, City Administrator Matzer. Absent: Members Hernandez, Strickler. Mayor Hobbs; Council Also present was Allen Briggs, Deputy City Attorney. ADJOURN CLOSED SESSION At 3:14 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 3:14 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Marks, Quiel, Hobbs; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Hernandez, Strickler. PARKING OPTION - 122 SPACES - PARKING DISTRICT LOT NO. ONE - DOMINGUEZ, VANIR DEVELOPMENT - CONTINUED FROM MAY 23, 1983 This is the time and place continued to for a discussion on a commitment by Mr. Frank Dominguez to exercise his option re- garding 122 parking spaces in Parking District Lot No. One for the purpose of providing parking for County employees who work at the old Penney's building located at Fifth and "E" Streets. (1) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that the matter be continued to Monday, June 20, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San . Bernardino, California. The motion Members Reilly, Marks. Absent: failed by the following vote: Ayes: Council Quiel, Hobbs. Noes: Council Members Castaneda, Council Members Hernandez, Strickler. Mr. Frank Dominguez of Vanir Development requested the Mayor and Council to allow the conversion of 122 spaces in Parking Dis- trict Lot No. One to non-exclusive all day parking spaces. Mayor Holcomb referred to a legal opinion dated May 27, 1983 from Allen R. Briggs, Assistant City Attorney, regarding the pur- ported exercise of an option contained in the parking agreement dated the 8th day of November, 1978. The opinion concluded that "The vendor under a land contract in California does have power to seek specific performance. Accordingly, it is possible that a court might compel the 'Developer' to specifically perform its purchase of the parcels involved in the exercise of its option". Mayor Holcomb objected to the conversion of the parking spaces as Mr. Dominguez is in effect renting spaces he does not 4t own to the County through the rents on the old Penney's building. Mr. Dominguez stated that he is not renting parking spaces to the County. - 2 - 5/27/83 . . . City Administrator Matzer answered questions stating that other conversions had not come before the Council and whether others had been required to pay for or rent parking spaces within the District. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, to direct the City Adminis- trator to research all appropriate facts regarding the number of all day parking spaces in Parking District Lot No. One and the circumstances under which these became all day parking spaces; and to report those findings of fact at the next regularly scheduled meeting. (June 6, 1983) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE (KELLOGG LIBRARY) TO YVONNE EVERETT AND TAMARIO FUNN. (Continued from May 23, 1983) (3) Mayor Holcomb spoke regarding the City Attorney's opinion cited in the previous agenda item, stating that it conflicted with the action taken on the item presented before the Council. . City Attorney Prince answered questions from the Council as to whether a conflict of interest exists. The City Attorney re- layed a conversation he had with Elijah Singletary, Council Ad- ministrative Assistant, and stated that based on the conversation, a conflict of interest does not exist. Mr. Singletary indicated he has no financial interest in the Kellogg Library; that he is an unsalaried pastor and the property is being purchased by Mr. Singletary's two adult daughters. City Attorney Prince referred to Government Code Section 1090 et seq and 87100 et seq. Under Section 1090, the person must have a financial involvement in the contract; under Section 87100, an employee must be a "designated employee" in a decision making capacity for a potential conflict of interest. Mr. Singletary is not a "designated employee" under the City'S Con- flict of Interest Code. Mayor Holcomb questioned the legality of changing the terms of the lease/purchase from a cash sale to a term sale, and ques- tioned the preparation of the new purchase agreement. . City Attorney Prince explained that a misunderstanding be- tween former City Administrator Marshall Julian and Mr. Singletary caused Mr. Singletary to make a claim against the City; and added that this agreement was drafted at the direction of three council members. A motion was made to waive the reading of the resolution. Mayor Holcomb refused to allow the resolution title to be read. Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, to appeal the ruling of the chair. The motion carried by the following vote: Ayes: Members Castaneda, Marks, Quiel, Hobbs. Noes: Council Reilly. Absent: Council Members Hernandez, Strickler. Council Member Mayor Holcomb vetoed the motion. City Attorney Prince continued to answer questions regarding the lease/purchase agreement. , - 3 - 5/27/83 . . . As Council Parliamentarian, Council Member Hobbs ruled the Mayor out of order and referred to the Rules of Procedure which require that the title of an agenda item be read by the City Clerk before discussion takes place. The City Clerk read the title of the resolution. Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived. City Attorney Prince continued to answer questions regarding the terms of the first option and referred to a memorandum from former City Administrator Julian. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the resolution be con- tinued to Monday, June 6, 1983, for a legal opinion as to whether the Mayor and Council can legally change the terms of the option. . CARNIVAL - JUNE 10-19, 1983 - BOYS CLUB - LARRY DAVIS Pursuant to the recommendation of the Chief of POlice, Coun- cil Member Quiel made a motion, seconded by Council Member Hobbs and unanimously carried, that the application submitted by Larry Davis and the Boys Club of San Bernardino to conduct a carnival on South "E" Street and MacKay Street, from June 10-19, 1983, from 2:00 p.m. to midnight on weekdays and 10:00 a.m. until mid- night on weekends, be approved. (4) RECESS MEETING At 4:20 p.m., Council Member Castaneda made a motion, seconded by Council Member Hobbs and unanimously carried, that the meeting recess until Tuesday, May 31, 1983, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RECONVENE MEETING - MAY 31, 1983 At 3:02 p.m., on Tuesday, May 31, 1983, the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . INVOCATION The Invocation was given by Monsignor John Bradley of St. Bernardine's Catholic Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Clerk Clark, City Admin- istrator Matzer. Absent: Council Member Hobbs, City Attorney Prince. CENTRAL LIBRARY - ALTERNATE LOCATION - WOOLWORTH BUILDING Mayor Holcomb spoke regarding tight budgetary constraints and the fact that the new central library proposed to be built in pioneer Park will cost the City $4,000,000 which will result in annual payments of approximately $400,000. As an alternative, Mayor Holcomb suggested the interim use of the Woolworth building on Fourth and "E" Streets. . COUNCIL MEMBER HOBBS ARRIVED At 3:08 p.m., Council Member Hobbs arrived at the Council Meeting and took his place at the Council Table. - 4 - 5/31/83 . . . ASSISTANT CITY ATTORNEY BRIGGS ARRIVED At 3:10 p.m., Assistant City Attorney Briggs arrived at the Council Meeting and took his place at the Council Table. A discussion ensued concerning the manner in which this plan was presented without prior knowledge to the Council, and the advantages and disadvantages of this plan compared to the original plan to build a new library in Pioneer Park. Mayor Holcomb estimated that the renovation of the Woolworth building would save one-half the cost of the new facility and per- haps a federal grant in the amount of $1,000,000 would further re- duce the cost. Larry Harvey, a member of the Library Board of Trustees, re- ported on a letter he had written to City Administrator Matzer dated May 24, 1983, objecting to the Woolworth building plan for the following reasons: 1. Insufficient space 2. Inadequate parking 3. Structural reinforcement for the building 4. Inefficient design . Mayor Holcomb stressed the benefits of the downtown location and stated that the building could be sold for a profit when no longer needed for a library. Neil Zollar of Inland Valley Engineering introduced Mr. Gary Miller of Bonadiman and Associates who was prepared to present a plan for renovation of the Woolworth building. COUNCIL MEMBER CASTANEDA EXCUSED At 3:50 p.m., Council Member Castaneda was excused from the Council Meeting. COUNCIL MEMBER MARKS EXCUSED At 3:58 p.m., Council Member Marks was excused from the Council Meeting. Allen Briggs, Assistant City Attorney, answered questions of the Council regarding the need for competitive bids. . Steve Whitney, City Librarian, answered questions regarding the costs of staffing the Woolworth building stating that the additional costs would total $180,000. The following members of the Library Board presented their objections to the Woolworth plan: Mary Frances Gomez, Edgar Keller, Larry Harvey and Jack L. Hill. COUNCIL MEMBER MARKS RETURNED At 4:15 p.m., Council Member Marks returned to the Council Meeting and took his place at the Council Table. Other potential locations, including the old Crocker Bank building and the City Cultural Center, were suggested. COUNCIL MEMBER MARKS EXCUSED At 4:22 p.m., Council Member Marks was excused from the Coun- cil Meeting. CITY ATTORNEY PRINCE ARRIVED At 4:30 p.m., City Attorney Prince arrived at the Council Meeting and took his place at the Council Table. . Gary Miller of Bonadiman and Associates stated that his firm is willing to sit down with the Library Board and listen to their suggestions on an appropriate facility. - 5 - 5/31/83 . . . . . . The Mayor and Council continued their discussion. COUNCIL MEMBERS CASTANEDA, MARKS RETURNED At 4:45 p.m., Council Members Castaneda and Marks returned to the Council Meeting and took their place at the Council Table. The Council discussed a previous action which requested the City Administrator to set out all financing alternatives and costs in writing. Mayor Holcomb pointed out that the financial market changes from day to day. No official action was taken. PRESENTATION - COUNCIL MEMBER HOBBS Council Member Castaneda presented a plaque to outgoing Coun- cil Member John D. Hobbs from the Sixth Ward. The Mayor and each member of the Council commented on their years of working with Council Member John D. Hobbs and wished him well. ADJOURN MEETING At 5:04 p.m., Council Member Hobbs made a motion, seconded by Council Member Castaneda and unanimously carried, that the meeting adjourn to Saturday, June 4, 1983, at 9:30 a.m., in the California Room of the Convention Center, 303 North "E" Street, San Bernardino, California. City Clerk Approved the 20th of June, 1983. Mayor of the City of San Bernardino - 6 - 5/31/83