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HomeMy WebLinkAbout04-19-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 19, 1999 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tem Estrada at 9:02 a.m., Monday, April 19, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, Schnetz, Devlin, Miller; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members McGinnis, Anderson. ANNOUNCEMENTS - MAYOR PRO TEM ESTRADA (4) Mayor Pro Tem Estrada announced that Mayor Valles was on travel out of the country . INVOCATION The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. COUNCIL MEMBER McGINNIS ARRIVED At 9:05 a.m., Council Member McGinnis arrived at the Council meeting and took his place at the Council table. PROCLAMATION - FAMILY READING DAY - APRIL 19,1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring April 19, 1999, as Family Reading Day in the City of San Bernardino. - 1 - 4/19/1999 PROCLAMATION - RETIRED TEACHERS WEEK - APRIL 18-24 , 1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring April 18-24, 1999, as Retired Teachers Week in the City of San Bernardino. Mr. Gil Matthews accepted the proclamation on behalf of the California Retired Teachers Association. RECOGNITION - WEEK OF THE YOUNG CHILD (3) Angela Vargas from the San Bernardino Superintendent of Schools Office, Child Development Services Department, announced that on April 24 at the Carousel Mall the County Superintendent of Schools would be co-sponsoring hands-on, free activities for young children in celebration of Week of the Young Child. RESOLUTION OF RECOGNITION - 13TH ANNUAL INLAND EMPIRE ENVIRONMENTAL EXPO - APRIL 24,1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution recognizing April 24, 1999, in celebration of the 13th Annual Inland Empire Environmental Expo. Dr. Darlene Stone, Professor of Environmental Education, Department of Advanced Studies, California State University San Bernardino, accepted the resolution and announced the activities to take place on April 24 as part of Earth Day Week. NEIGHBORHOOD PRIDE AWARD - GUY & JOAN VISBAL (3) Council Member Miller presented the first Mayor's Neighborhood Pride Award to Guy and Joan Visbal, 3125 North Mayfield Avenue, San Bernardino, CA, who have resided in their home in the Seventh Ward for approximately 40 years. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor. read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Michael Bush Eric Chappel Sammie Fitts John Hale Erlinda Parcon Deoartment Fire Fire Fire Fire Library Years of Service 15-year pin 15-year pin 35-year pin 15-year pin 10-year pin - 2- 4/19/1999 Lynda Lawlor Thomas Thornley Management Information Services Parks, Recreation & Community Services Parks, Recreation & Community Services Public Services Public Services 10-year pin Karen Schilling Vincent Martinez 35-year pin Donald Stubbs 15-year pin 5-year pin 5-year pin Each employee received a service pin presented by Mayor Pro Tem Estrada. ANNOUNCEMENTS - MAYOR PRO TEM ESTRADA (4) Mayor Pro Tem Estrada announced that Council Member Anderson and City Clerk Clark were also out of the country traveling with the Mayor. APPOINTMENTS - PARKS & RECREATION COMMISSION - PLANNING COMMISSION - COUNCIL MEMBER McGINNIS (2) Mayor Valles submitted staff reports dated April 13, 1999, recommending the appointments of Richard L. Messer to the Parks and Recreation Commission and Stan Welch to the Planning Commission, as requested by Council Member McGinnis. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the appointments of Richard L. Messer to the Parks and Recreation Commission and Stan Welch to the Planning Commission, as requested by Council Member McGinnis, be approved. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that a cleanup day would be held III the Second Ward on Saturday, April 24, at San Bernardino High School. She also expressed her opinion that the pilot program between the City Fire Department and American Medical Response (AMR) should be discussed during the regular Council meeting rather than at a luncheon workshop. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis announced that a cleanup day would be held in the Third Ward on Saturday, May 1, at Nunez Park, near Fifth Street and Medical Center Drive. He thanked the Radisson Hotel for inviting him to their Millennium party and announced that on May 5 there would be a public luncheon meeting at the Registrar of - 3 - 4/19/1999 Voters Office between the hours of 11:30 a.m. and 1:30 p.m. to promote and find sponsors for the 4-H Youth Program. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced to the residents on Central A venue and Piedmont Drive that on April 26 construction would begin on the nearby water storm drain project. He also congratulated the motorcross team sponsored by Chaparral Motorsports on their recent victory in New Orleans. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that the First Ward collected eight bins of trash during its cleanup day on Saturday. She thanked the officers of the neighborhood associations for the excellent job they are doing and expressed her appreciation to City employees who are also involved in the cleanup efforts. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin expressed sadness at the recent death of Rudy Salcido, a Little League activist who dedicated himself to helping the young people of the city. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated she wanted to join the "trash competition," stating that the Seventh Ward had collected 36 tons of trash so far. She thanked Nick Gonzalez of the Mayor's Office, who participates in each and every clean-up day. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Devlin made a motion, seconded by Council Member McGinnis, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. CLAIMS & PAYROLL (6) Council Member Devlin made a motion, seconded by Council Member McGinnis, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 31, 1999, from Barbara Pachon, Director of Finance, be approved. - 4 - 4/19/1999 PERSONNEL ACTIONS (7) Council Member Devlin made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated April 12, 1999, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Conunon Council of the City of San Bernardino, be approved and ratified. RES. 1999-64 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (8) RES. 1999-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS . . .;" AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF "G" STREET AND THIRTY-THIRD STREET. (10) RES. 1999-66 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS . . .;" AND AUTHORIZING THE INSTALLATION OF A THREE-WAY STOP AT THE INTERSECTION OF DAVID WAY AND MARIPOSA DRIVE. (11) RES. 1999-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15905, LOCATED APPROXIMATELY 694 FEET EAST OF LITTLE LEAGUE DRIVE AND 294 FEET WEST OF MAGNOLIA AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (12) Council Member Devlin made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. - 5 - 4/19/1999 Resolution Nos. 1999-64, 1999-65, 1999-66, and 1999-67 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES ON "I" STREET BETWEEN TWENTY-THIRD STREET AND TWENTY-SEVENTH STREET, TWENTY-THIRD STREET BETWEEN LINCOLN DRIVE AND "I" STREET, TWENTY-FOURTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET, TWENTY-FIFTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET AND TWENTY- SIXTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET. First (13) Council Member Devlin made a motion, seconded by Council Member McGinnis, and unanimously carried, that said ordinance be laid over for final adoption. RES. 1999-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-323, ENTITLED IN PART "RESOLUTION . . . PROVIDING NOTICE OF THE TIMES, DATES, AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES . . ." TO CHANGE THE TIME WHEN THE BOARD OF FIRE COMMISSIONERS MEETS; AND REPEALING RESOLUTION NO. 84-74. (15) RES. 1999-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING PRESCRIBED AND/OR TRAINING BURNS. (16) Council Member Devlin made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 1999-68 and 1999-69 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis. Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. - 6 - 4/19/1999 AUTHORIZE BUDGET INCREASE - UPGRADE FENCING & REPLACE BACKFLOW DEVICE - PIONEER CEMETERY - $8,000 (17) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated April I, 1999, regarding an increase to the Cemetery Construction Fund of $8,000. Council Member Devlin made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to increase the fiscal year 1998-99 Cemetery Construction Fund budget by $8,000 as outlined in the staff report dated April 1, 1999, from Annie Ramos, Director of Parks, Recreation and Community Services. ORD. MC-I045 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(D) AND 3.38.040(D) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. Final (9) Council Member Devlin made a motion, seconded by Council Member Schnetz, that said ordinance be adopted. Ordinance No. MC-I045 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Miller. Nays: None. Absent: Council Member Anderson. RES. 1999-70 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER AND SIGN A STANDARD FORM SERVICE AGREEMENT WITH REY- CREST ROOFING FOR ROOF RESTORATION WORK AT THE CID FACILITY, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (14) Since it has recently been a concern of the Council that the lowest bidder is awarded the contract, but must then come back to the Council for change orders which increase the cost of the project significantly, it was suggested that the change orders connected with this project be tracked since the lowest bid was several thousand dollars less than the other bids submitted. - 7 - 4/19/1999 Council Member Devlin made a motion, seconded by Council Member Schnetz, that said resolution be adopted; and that the Director of Finance be directed to amend the 1998-99 budget in the Parks Construction Fund to increase revenues by $50,000 and increase budget for construction costs by $50,000. The motion carried and Resolution No. 1999-70 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. AUTHORIZE BUDGET INCREASE - RESTOCK FISH - SECCOMBE LAKE - $24,000 (18) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a staff report dated April 1, 1999, regarding an increase to the Park Extension Fund budget for fiscal year 1998-99 for the restocking of fish at Seccombe Lake. It was noted that the lake is restocked six times per year. Council Member McGinnis made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to increase the fiscal year 1998-99 Park Extension Fund budget by $24,000 as outlined in the staff report dated April 1, 1999, from Annie Ramos, Director of Parks, Recreation and Community Services. RES. 1999-71 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE ENTERTAINMENT COMPANY, L.L.C., TO CHARTER COMMUNICATIONS ENTERTAINMENT II, L.L.C. (19) Frank Keller, Cable Television Manager, answered questions regarding the services and rates of the cable companies. The Council expressed concern over the general lack of oversight of the cable companies and inquired whether there was anything that could be done to improve or change the situation. It was suggested that City Administrator Wilson and Mayor Valles combine their efforts and send letters to the legislators regarding this matter. Mr. Keller stated that the Community Television Commission has initiated several letters of inquiry/concern to the Federal Communications Commission regarding the cable situation. The Council requested a report from the Commission regarding their activities and the steps they have taken relative to this matter. - 8 - 4/19/1999 Council Member Miller made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 1999-71 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Miller. Nays: Council Member Devlin. Absent: Council Member Anderson. RECESS MEETING At 9:53 a.m., Mayor Pro Tem Estrada declared a five-minute recess. RECONVENE MEETING At 10:05 a.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Anderson. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY LOCATED WITHIN THE CITY - UNCOLLECTED BUSINESS REGISTRATION FEES (20) City Clerk Rachel Clark submitted a staff report dated April 1, 1999, regarding the imposition of liens on certain properties throughout the City for uncollected business registration fees. Mayor Pro Tem Estrada opened the hearing. No public comments were received. RES. 1999-72 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (20) Council Member Devlin made a motion, seconded by Council Member Miller, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and that said resolution be adopted. - 9 - 4/19/1999 The motion carried and Resolution No. 1999-72 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. DISCUSS & POSSIBLE ACTION - INSTALL STOP SIGNS - NORTHBOUND & SOUTHBOUND TRAFFIC - INTERSECTION OF RANDALL AVENUE & MERIDIAN AVENUE (21) Council Member McGinnis submitted a staff report dated April 8, 1999, regarding a request for stop signs for northbound and southbound traffic at the intersection of Randall Avenue and Meridian Avenue. A document dated April 19, 1999, titled Agenda Item #21 Staff Report was also submitted into the record. Council Member McGinnis made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be referred to the Traffic Safety Advisory Committee for review; to be brought back to the Mayor and Common Council/Community Development Commission meeting of May 17,1999. AUTHORIZE STAFF TO PROCEED - STUDY - CLOSURE OF BROADMOOR BOULEV ARD AT 30TH STREET (22) Michael E. Hays, Director of Development Services, submitted a staff report dated March 29, 1999, regarding authorization for staff to proceed with a study relative to the closure of Broadmoor Boulevard at 30th Street. Mr. Hays provided background information on the procedure to be used for accomplishing a street closure within the City of San Bernardino. The following individuals voiced their support of the street closure and defined some of the problems in the area which caused them to seek said action: Melisa Harnitchek, 3003 Broadmoor Boulevard, San Bernardino, CA. Rudi Stangel, 3071 Broadmoor Boulevard, San Bernardino, CA. Karen Owens, 3032 Broadmoor Boulevard, San Bernardino, CA. Brian Harnitchek, 3003 Broadmoor Boulevard, San Bernardino, CA. SENIOR ASSIST ANT CITY A TTORNEY CARLYLE EXCUSED At 10:18 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. City Attorney Penman noted that the closure did not present a legal problem. - 10 - 4/19/1999 Council Member Schnetz made a motion, seconded by Council Member Lien, and unanimously carried, that the Director of Development Services be authorized to proceed with a study on the closure of Broadmoor Boulevard at 30th Street; and that said study be prepared in accordance with the City's policy on closure of city streets per Resolution No. 95-219. CITY ATTORNEY PENMAN EXCUSED At 10:21 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. AUTHORIZE - CONTRACT CHANGE ORDER NO. 13 - AVILA CONSTRUCTION, INC. - RECONSTRUCTION WORK - KENDALL DRIVE & "E" STREET - $45,556.50 - AUTHORIZE TRANSFER OF FUNDS FROM PEPPER/LINDEN/KENDALL DRIVE TO NORTHPARK BOULEVARD ACCOUNT TO "E" STREET/KENDALL DRIVE FROM 36TH TO "H" STREETS ACCOUNT - $135,000 (23) Michael E. Hays, Director of Development Services, submitted a staff report dated April 13, 1999, regarding Change Order No. 13 to the contract with Avila Construction, Inc., for work on the Kendall Drive/"E" Street project. Mr. Hays provided background information relative to the project and answered questions regarding the need for additional funds. He noted that in addition to additional contract charges, it had come to light that increased engineering and inspection staff time had not been accurately incorporated into previous estimates on the project. City Administrator Wilson informed the Council that the Finance Department had initiated new procedures which would ensure that certain costs would be encumbered ahead of time and prevent something like this from happening again. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Director of Development Services to execute Contract Change Order No. 13, to the contract with Avila Construction, Inc., in the amount of $45,556.50 (bringing the final total contract cost to $464,150.90) for reconstruction work related to the intersection of Kendall Drive and "E" Street as outlined in the staff report dated April 13, 1999, from Michael E. Hays, Director of Development Services; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 Capital Projects Budget and transfer $135,000 from Account No. 126-369-5504-7007 (Pepper/Linden - Kendall to Northpark) to Account No. 126-369-5504-7050 ("E" Street/Kendall from 36th to "H" Streets). - 11 - 4/19/1999 RES. 1999-73 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING INCREASES TO ANNUAL PURCHASE ORDERS PROVIDING MAINTENANCE MATERIALS, PARTS AND SERVICES TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (24) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted; and that the Director of Finance be authorized to amend the fiscal year 1998-99 budget as outlined in the staff report dated April 6, 1999, from Lynn Merrill, Director of Public Services. The motion carried and Resolution No. 1999- 73 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PEDESTRIAN VENDORS. (Continued from March 15, 1999) First (25) Note: No backup material was distributed and, therefore, will not be available for reference. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Common Council/Community Development Commission meeting of May 17, 1999. RECESS MEETING - CLOSED SESSION (1) At 10:31 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following, as announced by City Attorney Penman: Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b)(I); (2); (3)(A-F) of Government Code Section 54956.9. CLOSED SESSION At 10:3 I a.m., Mayor Pro Tem Estrada called the closed session to order in the conference room of the Council Chambers of City Hall. - 12 - 4/19/1999 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Anderson. Also present: Senior Assistant City Attorney Carlyle, City Attorney's Office. ADJOURN CLOSED SESSION At 10:55 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11:01 a.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; City Attorney Penman, Deputy City Clerk Medina, Development Services Director Hays. Absent: Council Member Anderson. APPEAL HEARING - LOSS OF NONCONFORMING STATUS - FOUR-UNIT PROPERTY - 561-565 WEST VICTORIA STREET (26) Michael E. Hays, Director of Development Services, submitted a staff report dated April 8, 1999, regarding an appeal of the loss of nonconforming status for a four- unit, multi-family residential property located at 561-565 West Victoria Street, which is within the CR-2, Commercial Regional-Downtown, land use district. Mayor Pro Tem Estrada opened the hearing. City Attorney Penman explained that Development Services Director Hays had determined that said property had lost its nonconforming status because its use had been discontinued for a period of 12 consecutive calendar months. This decision of the Development Services Director was appealed to the Planning Commission, which upheld the Director's decision. Therefore, the Planning Commission's decision was now being appealed to the Council. Mr. Penman stated that it appeared from some of the information in the backup that the appellant might try to append to this issue, an appeal of the decision made by - 13 - 4/19/1999 the Board of Building Commissioners that the building should be destroyed. He pointed out, however, that the Council did not have the authority to overrule the Board of Building Commissioners. He explained that when the City began to take a more aggressive planning position, working hard to form a general plan and also to have dangerous structures and vacant structures removed, that a large number of appeals started coming before the Council regarding decisions of the Board of Building Commissioners. At that time, the Council passed an ordinance which provided for a hearing officer to hear the initial appeals relative to Code Enforcement staff decisions, with the Board of Building Commissioners serving as the appellant hearing board for decisions made by the hearing officer. The ordinance that was adopted provides that decisions of the Board of Building Commissioners are final, which means that once that decision is made there is no longer any recourse inside City government --the next recourse would be the court. Mr. Penman reiterated that the Council did not have jurisdiction to hear an appeal on whether or not the building should be demolished--that the issue before them was whether or not the Planning Commission was correct in upholding the Director's position that the nonconforming use of the building was discontinued for 12 or more consecutive calendar months. Attorney Charlotte Spadaro, 13857 Hawthorne Boulevard, Hawthorne, CA, spoke on behalf of the property owner. She stated that she had discovered a problem that she thought was extremely important in the City of San Bernardino. Ms. Spadaro explained that this building finds itself in the position of being under a demolition order because the present owner missed deadlines and didn't do the proper things to save it, and the Board of Building Commissioners ordered it to be demolished. She pointed out that this building, as well as others like it, are set for demolition; however, it was her understanding that there was no budget to demolish all of the buildings under such demolition orders. The alternative would be to save these buildings--to encourage buyers to come into the City and take an interest in the real estate market and make beautiful buildings out of them. However, this is no longer a viable alternative because approximately one year ago, as Mr. Penman had mentioned, the Council stated that they would no longer be involved in the loop and adopted an ordinance giving up its right to hear such appeals. Ms. Spadaro pointed out that if lenders take over these buildings, it is then too late--the owner has lost his investment, the lender is now losing his investment, and the City is faced with having a bunch of boarded up buildings with no avenue of appeal, or many holes in the landscape which is not a viable alternative either. She urged the Council to take back their power relative to the property. She added that lenders are losing money on such properties and may never lend again in the City of San Bernardino, because if they do, and if the person who owns the property doesn't follow - 14 - 4/19/1999 through and take proper care of it and the lender gets it back by foreclosure, he gets nothing back--just a dead property that cannot be saved. She also pointed out that people have come into San Bernardino and bought property, not knowing that it was scheduled to be demolished, and that there was no recourse for them and they ended up with nothing. The following individuals spoke in support of granting the appeal and allowing the owner to rehabilitate the existing building; and urged the Council to "take back their power" in the appeal process: Izhak Kofman, 5571 Thistle Street, San Bernardino, CA. James Rowe, 325 West Sixth Street, San Bernardino, CA. Shirley Goodwin, 3715 Camellia, San Bernardino, CA. Jeff Wright, P.O. Box 3241, San Bernardino, CA. Don Allgor, 688 North Arrowhead, San Bernardino, CA, lender on the Victoria Street property explained the dilemma that he, as the lender, has found himself in with no recourse to resolve the situation--a lender with an invalid loan because there is nothing left after the property has been demolished. He stated that his company only makes loans on houses that need to be rehabilitated for resale, and this is not the first time he has been in this situation. He pointed out that he cannot continue to make loans on such properties and end up with nothing for his money. Council Member Lien stated that she understood the general plan and the issue with spot zoning and what is happening here, yet at the same time she would like to refer the ordinance (Ordinance No. MC-1015) hack to the Legislative Review Committee to take a look at it. Council Member Lien made a motion, seconded by Council Member McGinnis, to refer Ordinance No. MC-I015 to the Legislative Review Committee for review. City Attorney Penman advised that under the Brown Act action could not be taken on an item that was not on the agenda. Council Member Lien withdrew her motion. Staff provided additional background information on the matter relative to the findings and actions taken by the Code Compliance Division and the action being requested of the Council at this time. City Attorney Penman stated that a notice of pendency had been recorded with the County on this particular property on March 13, 1990, and submitted a copy of the notice into the record. - 15 - 4/19/1999 Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that the hearing be closed. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council deny the appeal. RECESS MEETING At 11:54 a.m., Mayor Pro Tem Estrada recessed the meeting to the Management Information Center, Sixth Floor, City Hall, for a luncheon workshop. RECONVENE MEETING At 12:09 p.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Management Information Center, Sixth Floor, City Hall, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Anderson. LUNCHEON WORKSHOP - AUTHORIZATION TO ENTER INTO 180-DA Y PILOT PROGRAM - AMERICAN MEDICAL RESPONSE (AMR) & FIRE DEPARTMENT - PRE-HOSPITAL PARAMEDIC SERVICE (27) Fire Chief Pitzer submitted a staff report dated April 19, 1999, regarding authorization to enter into a 180-day pilot program between American Medical Response and the City Fire Department regarding enhanced pre-hospital paramedic service. Chief Pitzer provided an overview of the proposed program, stating that the program would primarily consist of reconfiguring the City's placement of paramedic personnel and relaxing the ambulance arrival time. COUNCIL MEMBER MILLER EXCUSED At 12:35 p.m., Council Member Miller left the luncheon workshop. Council Member Lien stated that she would not be able to vote to approve anything related to this matter, without it first being scheduled and heard during regular Council meeting hours, rather than at a luncheon workshop. Council Member Devlin made a motion, seconded by Council Member Estrada, that the Council approve in concept an agreement between the San Bernardino City Fire - 16 - 4119/1999 Department and American Medical Response to conduct a 180-day pilot program regarding enhanced pre-hospital paramedic service; and that the City Attorney's Office be directed to prepare said agreement and pertinent documents, which would be brought back to the Mayor and Council meeting of May 17, 1999, for final Council approval. The motion carried by the following vote: Ayes: Council Members Estrada, McGinnis, Schnetz, Devlin. Nays: None. Abstain: Council Member Lien. Absent: Council Members Anderson, Miller. ADJOURN LUNCHEON WORKSHOP At 1:15 p.m., the luncheon workshop adjourned to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:05 p.m., Mayor Pro Tem Estrada reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Housing and Community Development Director Pacheco. Absent: Council Member Anderson. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:05 p.m., Vice Chairwoman Estrada called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. PUBLIC HEARING - DISPOSITION OF PROPERTY - LEASE PURCHASE AGREEMENT - ARDEN-GUTHRIE COMMUNITY CENTER - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT _ 2204 SUNRISE LANE - 2205 EAST 19TH STREET (R28) - 17 - 4/19/1999 Ronald E. Winkler, Development Director, Economic Development Agency, submitted a staff report dated April 9, 1999, regarding the disposition of certain property within the Arden-Guthrie area. Mayor Pro Tem Estrada opened the hearing. Maggie Pacheco, Director of Housing and Community Development, provided an overview and answered questions regarding the proposed lease purchase agreement between the San Bernardino City Unified School District and the Economic Development Agency relative to the property located at 2204 Sunrise Lane and 2205 East 19th Street. She noted that the school district would be responsible for all costs related to the two buildings. Jim Mulvihill commented on the exorbitant costs associated with the two structures and inquired whether the costs as outlined in the staff report were correct. The Council discussed the pros and cons of the proposed lease purchase agreement, including the market value of the property several years ago compared with the market value today. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:24 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RES. CDC/1999-11 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CLOSING A JOINT PUBLIC HEARING AND AUTHORIZING THE DISPOSITION OF CERTAIN PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (2204 SUNRISE LANE AND 2205 EAST 19TH STREET). (R28) RES. 1999-74 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CLOSING A JOINT PUBLIC HEARING AND AUTHORIZING THE DISPOSITION OF CERTAIN PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (2204 SUNRISE LANE AND 2205 EAST 19TH STREET). (R28) - 18 - 4/19/1999 Council Member Miller made a motion, seconded by Council Member Schnetz, that the hearing be closed; and that said resolutions be adopted. The motion carried and Resolution Nos. CDC/1999-11 and 1999-74 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. CITY ATTORNEY PENMAN EXCUSED At 2:27 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PUBLIC HEARING - PURCHASE OPTION AGREEMENT - COOPERATIVE SERVICES, INC. - 1530 BASE LINE STREET - SENIOR HOUSING PROJECT (R29) Maggie Pacheco, Director of Housing and Community Development, Economic Development Agency, submitted a staff report dated April 9, 1999, regarding a Purchase Option Agreement with Cooperative Services, Inc., relative to property located at 1530 Base Line Street. Mayor Pro Tem Estrada opened the hearing. Ms. Pacheco explained that in order to submit an application for HUD 202 grant funding for the project, Cooperative Services, Inc., must show that they have site control. Therefore, today's hearing was to comply with redevelopment law wherein the Agency is required to conduct a hearing prior to the disposition of any real estate owned by the Agency. The proposed agreement gives Cooperative Services, Inc., the option to purchase the property at the fair market value price until May 2000, or the date they receive notice from HUD that their application for funding has been approved, whichever occurs first. RES. CDC/1999-12 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PURCHASE OPTION AGREEMENT (THE "AGREEMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND COOPERATIVE SERVICES, INC., A NON-PROFIT COOPERATIVE CORPORATION RELATIVE TO THE PROPERTY LOCATED AT 1530 BASE LINE STREET, SAN BERNARDINO, FOR DEVELOPMENT OF A SENIOR HOlISING PROJECT, AND AUTHORIZE THE EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE THE AGREEMENT ON BEHALF OF THE AGENCY (NORTHWEST PROJECT AREA). (R29) - 19 - 4/19/1999 Council Member Lien made a motion, seconded by Council Member McGinnis, that the hearing be closed; that said resolution be adopted; and that the Community Development Commission of the City of San Bernardino authorize the Redevelopment Agency to enter into the Purchase Option Agreement relative to the sale of the property located at 1530 Base Line Street with Cooperative Services, Inc., a nonprofit cooperative corporation, for use and development of a senior housing project. The motion carried and Resolution No. CDC/1999-12 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: None. Absent: Council Member Anderson. PUBLIC HEARING FIFTH YEAR ACTION PLAN CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME FUNDS - EMERGENCY SHELTER GRANT FUNDS - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R30) Maggie Pacheco, Director of Housing and Urban Development, Economic Development Agency, submitted a staff report dated April 19, 1999 (Revised), regarding the recommended allocations for the Fifth Year Action Plan of the City's Consolidated Plan. City Administrator Wilson submitted an interoffice memorandum dated April 15, 1999, regarding "Revised Recommendation for CDBG 1999-2000: Funding of Fire Prevention Officer (FPO)." Mayor Pro Tem Estrada opened the hearing. Ms. Pacheco recommended approval of Summary 1 (recommendations for nonprofit organizations/County departments ["Agencies"]) as submitted by the Community Development Citizens Advisory Committee and approval of Summary 2 (recommendations for City departments/EDA) with the revisions recommended by City Administrator Wilson. Richard Abraham, Chairman of the Community Development Citizens Advisory Committee, addressed the Council regarding the review process and how the committee arrived at its funding recommendations. The Council thanked the committee members for their hard work and dedication in this endeavor. No further comments were received from the public. - 20- 4/19/1999 Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, (A) that the hearing be closed; that the Mayor and Common Council (I) approve the Community Development Citizens Advisory Committee recommendations noted in Summary I for nonprofit organizations and County departments ("Agencies") pertaining to the allocation of Community Development Block Grant funds for fiscal year 1999-2000, and (2) authorize the preparation and execution of the standard Community Development Block Grant Agreements with the respective Agencies; (B) that the Mayor and Common Council approve the Community Development Citizens Advisory Committee recommendations noted in Summary 2 for City/EDA Departments with the exception of the requested changes by the City Administrator relative to Items 5, 7, and J3 of said Summary on the allocation of CDBG funds for fiscal year 1999-2000 for various City/EDA programs and projects; (C) that the Mayor and Common Council consider and approve the City Administrator's modifications noted in Summary -' "Requested Changes By City Administrator" for Items 5, 7, and J3 of said Summary 2 on the allocation of CDBG funds for fiscal year 1999-2000 for the respective City programs and projects; and (D) that the Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute and submit to HUD all appropriate documents and take such actions as may be deemed necessary to implement the City's Fifth Annual Action Plan (199912000) of the Consolidated Plan. COUNCIL MEMBER McGINNIS EXCUSED At 2:40 p.m., Council Member McGinnis left the Council meeting. PERSONNEL APPOINTMENT - MUSIBAU AROGUNDADE - PROJECT MANAGER - ECONOMIC DEVELOPMENT AGENCY (R31) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated April 8, 1999, recommending that the Community Development Commission approve the appointment of Musibau Arogundade to fill the vacant Project Manager position. The Council questioned why staff was recommending that Mr. Arogundade be hired at Step E and inquired about the rates being paid by surrounding cities for similar positions. Ms. Pacheco explained the rationale for selecting this particular individual, stating that it was very important to find a staff member who was already well versed in government laws, who could immediately jump right in and do the required work. - 21 - 4/19/1999 Council Member Schnetz made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel appointment of Musibau Arogundade, Project Manager (Range MM2185, Step E), as submitted by the Executive Director in a staff report dated April 8, 1999, in accordance with Personnel policies and procedures for employees of the City of San Bernardino Economic Development Agency adopted by the Community Development Commission, be approved and ratified. SENIOR ASSIST ANT CITY ATTORNEY CARLYLE EXCUSED At 3:07 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RES. CDC/1999-13 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A CERTAIN LOAN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA AND DOCUMENTS RELATED THERETO. (R33) Ann Harris, Director of Business Recruitment, Retention and Revitalization, Economic Development Agency, stated that three $25,000 letters of credit had been received by the Agency to cover the $75,000 currently being requested by the Symphony, as required by the Commission. Council Member Miller made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. CDC/1999-J3 was adopted by the Council Members Estrada, Lien, Schnetz, Devlin, Miller. Council Members McGinnis, Anderson. following vote: Nays: None. Ayes: Absent: CITY ATTORNEY PENMAN EXCUSED At 3:09 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. AUTHORIZE PAYMENT - ADDITIONAL SERVICES - THE CONCORD GROUP - ARDEN-GUTHRIE MARKET STUDY - $7,800 (R32) Ronald Winkler, Director of Development, Economic Development Agency, submitted a staff report dated April 6, 1999, regarding authorization to pay additional fees in the amount of $7,800 relative to the Arden-Guthrie Market Study conducted by The Concord Group. - 22- 4/19/1999 Michael Hays, Director of Development Services, provided information and answered questions regarding the additional fees incurred for said study. Council Member Schnetz made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development Commission authorize payment in the amount of $7,800 to The Concord Group for additional services relative to the Arden-Guthrie Market Study. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:15 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. PUBLIC COMMENTS - ROSKO KIDWELL (34) Rosko Kidwell, 1398 North "E" Street, San Bernardino, CA, complimented Mayor Valles and Council Member Lien on a great performance in the 5K run held in January and thanked Council Member Devlin for his involvement with the Tin-man Triathlon event. COUNCIL MEMBER SCHNETZ EXCUSED At 3:14 p.m., Council Member Schnetz left the Council meeting. PUBLIC COMMENTS - TRAJAN P. GREEN (34) Trajan P. Green, Shopping for Seniors, provided an overview of their program, thanked the Community Development Citizens Advisory Committee and the Council for granting funds to their organization, and announced a Senior Health Fair to be held at Pharaoh's Kingdom on May 8. PUBLIC COMMENTS - NICK GONZALEZ (34) Nick Gonzalez, Community Liaison, Mayor's Office, announced that when there is a cleanup day everyone is welcome to participate; and that in addition to the cluster associations, any organization within a ward can sponsor a cleanup day by calling him at 384-5133. PUBLIC COMMENTS - NORM JOHNSON (34) Norm Johnson urged support of Measure A (school district bonds) at the polls on Tuesday, April 27, and announced that volunteers were needed on April 24,25,26, and 27 at the old Obershaw Toyota Shop located below Base Line Street, to help contact voters in the area. - 23 - 4/19/1999 ADJOURNMENT (35) At 3:20 p.m. the meeting was adjourned. The next joint regular meeting of the Mayor and Common CouncilfCommunity Development Commission will be held on Monday, May 3, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By4~.#J Linda E. Hartzel Deputy City Clerk No. of Items: 35 No. of Hours: 5.25 - 24- 4/19/1999