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HomeMy WebLinkAbout02-16-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 16, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, February 16, 1998, in the Council Chambers of City Hall, 300 North "1''' Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Oberhelman. RECESS MEETING - CLOSED SESSION At 8: 01 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Thomas Williams. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33078; San Bernardino Hotel/Motel Association vs. City of San Bernardino San Bernardino Superior Court Case No. 264661. B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. 1 2/16/1998 CLOSED SESSION At 8:01 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Oberhelman. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorneys Empeno, Easland and Coleman, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; and Economic Development Agency Administrator Steinhaus. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas 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 while the Mayor and Council and Community Development Commission were ~n closed session. MAYOR-ELECT VALLES ARRIVED At 8:02 a.m., Mayor-elect Valles arrived at the closed session. COUNCIL MEMBER OBERHELMAN ARRIVED At 8:06 a.m., Council Member Oberhelman arrived at the closed session. ADJOURN CLOSED SESSION At 8:33 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: None. 2 2/16/1998 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 Negrete. APPOINTMENTS (2) There were no appointments at this meeting. PROCLAMATION SELECTIVE SERVICE AWARENESS MONTH - MARCH 1998 SYSTEM REGISTRATION (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the month of March 1998 as "Selective Service System Registration Awareness Month" within the City of San Bernardino. James Bullard, Manager for the Selective Service System in San Bernardino and United States Air Force Reserve Captain, accepted the proclamation, stated that registration compliance rates have dropped and a goal of 80 percent has been established for registrants of 18 years of age. He thanked the Mayor and Council for their recognition. PROCLAMATION - MISS SAN BERNARDINO PAGEANT DAY - MARCH 14, 1998 - SAN BERNARDINO CONVENTION AND VISITORS BUREAU (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming March 14, 1998, as "Miss San Bernardino Pageant Day" within the City of San Bernardino. Cathy DeMaio of the San Bernardino Convention and Visitors Bureau accepted the proclamation, presented a plaque to Mayor Minor for his encouragement and support, ar:d introduced the Miss San Bernardino Pageant contestants. PRESENTATION - "OFFICIAL CITY ATTORNEY TIGER AWARD" DEPUTY CITY ATTORNEY LES MURAD (3) City Attorney Penman presented Deputy City Attorney Les Murad with the "Official City Attorney Tiger" for his efforts in a wrongful death suit. Mr. Murad filed a motion for a summary judgement which ultimately led to the dismissal of the case. Deputy City Attorney Murad thanked everyone involved for their efforts and City Attorney Penman for the honor. 3 2/16/1998 SERVICE PIN AWARDS (3) J. Lorraine Velarde, 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 Gregg Lee Carol Doemner Ricardo Benitez Michael Alder Norman Walters Howard Bennett Luis Cerda Thomas Parlett Edward Child Bryan Lentz Susan Thomas Robert Cravens Ricardo Tomboc Stephen Barilics Julie Hiatt Camille Brown Donald Johnson Lazlo Fogassy Guadalupe Ledesma Department Code Compliance Facilities Management Facilities Management Fire Fire Fire Fire Fire Police Police Police Police Police Police Public Services Public Services Public Services Public Works/Engineering Public Works/Engineering Years of Service 10-year pin 10-year pin 10-year pin 15-year pin 15-year pin 20-year pin 25-year pin 25-year pin 5-year pin 5-year pin 5-year pin 15-year pin 15-year pin 25-year pin 5-year pin 10-year pin 10-year pin 15-year pin 25-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete congratulated the incoming mayor-elect and thanked the employees within the fire and police departments for their professionalism, as well as the Mayor, city personnel and his constituents. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin echoed the sentiments of Council Member Negrete and urged everyone to support Mayor Valles and the newly- elected council members. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias stated that it was her pleasure to work with the outgoing council members and wished them success. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council experiences Member during Oberhelman expressed his term as Fourth 4 appreciation Ward Council for his Member, 2/16/1998 elaborated on the growth realized within the past four years and stated that there is no challenge the city cannot meet because of its wonderful resources. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin wished the outgoing mayor and council members good luck, success and the blessings of God. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she will miss mayor and council members and wished the blessings them. the outgoing of God upon ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that her fondest memories would always include the outgoing mayor and council members. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark thanked the mayor and council for all of their support and expressed her best w:shes. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson reiterated the sentiments previously expressed. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman voiced his respect for Mayor Minor and wished everyone success. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor reviewed the accomplishments and city staff during the past four years thanked everyone for their support. of the Mayor, Council and nine months and ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin thanked the constituents within the Second Ward for their support. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, a resident of San Bernardino, expressed her gratitude for the services provided by the Mayor and Council and urged the Mayor and Council to change their meeting dates to the first and third Tuesdays of each month. 5 2/16/1998 PUBLIC COMMENTS - JIM SIVELLE (5) Jim Sivelle, 5350 Park Lane, San Bernardino, CA, thanked David Oberhelman for the services he provided to the city and members of the Fourth Ward which were evident in his concern and outcome for senior citizens, minorities, fire and police protection and unity within the community. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, wished the outgoing mayor and council the blessings of God and expressed concern regarding a facsimile he viewed dated August 1997 from the Department of Justice wherein they state that any improvements involving slurry seal require the replacement or installation of curb ramps. Mr. Neves stated that this information was never passed on to the Handicap Accessibility Appeals Board. PUBLIC COMMENTS - HENRY MILLER (5) Henry Miller, representing 99 Cents Stores, 4000 Union Pacific, Commerce, CA 90023, announced the grand opening of the 54th 99 Cents Store at 957 South "E" Street on February 26, 1998, at 8:30 a.m. PUBLIC COMMENTS - JIM PENMAN (5) Jim Penman, 221 E. Marshall Boulevard, San Bernardino, CA, stated that he and former Mayor Holcomb have had their differences for many years, but he's never seen any evidence that Mayor Holcomb has profited from his service to the C}ty. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: December 15, 1997; January 12, 1998. CLAIMS & PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that the claims and payroll 6 2/16/1998 and the authorization to dated February 10, 1998, be approved. issue warrants as listed on the memorandum from Barbara Pachon, Director of Finance, PERSONNEL ACTIONS (9&AS1) council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated February 5, 1998, and the Acting Director of Personnel dated February 13, 1998, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified. AUTHORIZE ESTABLISHMENT - LANDSCAPE & SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT - (AD) - INLAND CENTER DRIVE & RIVERWALK DRIVE AREA - TRACT NO. 14706 (14) Michael Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated February 2, 1998, concerning the establishment of a landscape and sewer lift station maintenance assessment district in the Inland Center Drive and Riverwalk Drive area. Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that the Acting Director of Public Works/City Engineer and the City Clerk be authorized to proceed under San Bernardino Municipal Code Chapter 12.90 with the establishment of a landscape maintenance assessment and a sewer lift station maintenance district in the Inland Center Drive and Riverwalk Drive area, within Tract No. 14706. RES. 98-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 3RD DAY OF FEBRUARY, 1998, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (10) Concern was expressed regarding the low voter turnout within the city, and City Clerk Clark explained that the problem exists throughout the nation. A discussion was held relative to the efforts made to increase the number of voters. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 98-31 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 7 2/16/1998 RES. 98-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (11) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-32 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent:: None. Ayes: Devlin, AUTHORIZE PROJECT TERMINATION MATERIAL FACILITY & TRANSFER STATION - PUBLIC SERVICES RECOVERY (12) James Howell, Director of Public Services, submitted a Staff Report dated February 4, 1998, concerning the material recovery facility and transfer station project. Director Howell stated that approximately $60,000 expended on the feasibility study for the material facility and transfer station project. has been recovery Concern was expressed regarding the total costs associated with the project. Lynn Merrill, Solid Waste Manager, Public Services, explained the services provided by the consultant which resulted in the study and the expenditure of $69,700. Council Member Miller made a moc:ion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council receive and file the Material Recovery Facility/Transfer Station Feasibility Study; direct the Purchasing Manager to terminate the contract with Hilton, Farnkopf and Hobson for the remaining tasks; and direct the Public Services staff to forward notices to the six qualified vendors regarding the Council's action to terminate this project. RES. 98-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO COOPER BACKHOE & EQUIPMENT, INC., FOR REPAIR OF FAILED BOX CULVERTS AT VARIOUS LOCATIONS AND CONSTRUCTION OF CROSS GUTTERS AT 16TH STREET AT "E" STREET AND ARROWHEAD AVENUE. (13) Michael Hays, Acting explained the services Equipment, Inc. Director of Public Works/City Engineer, to be provided by Cooper Backhoe & 8 2/16/1998 Bob Neves, stated that any of curb ramps. 2348 Sterling Avenue #439, San Bernardino, CA, new additions to a street require the installation Director Hays stated that ramps are currently located at 16th Street and "En Street and the construction to be performed consists of repairs. A discussion was held concerning the actions taken by the city to ensure the installation of curb ramps. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that $24,500 be transferred from the unappropriated reserves Storm Drain Construction Fund to Account No. 248-368-5504-7111; and that said resolution be adopted. The motion carried and Resolution No. 98-33 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9757 - PAVEMENT REHABILITATION - SLURRY SEAL - STREETS BETWEEN 9TH STREET & BASE LINE STREET, FROM "E" STREET TO WATERMAN AVENUE AUTHORIZE ADVERTISEMENT FOR BIDS (15) Michael Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated January 22, 1998, concerning pavement rehabilitation on those streets located between 9th Street and Base Line Street, from "E" Street to Waterman Avenue. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, contends that the response from the Department of Justice requires the installation or curb ramps when slurry seal is being applied and requested the authorization of sucL. City Attorney Penman read into the record the provisions outlined in a memorandum dated July 24, 1997, from the Department of Justice which necessitates the installation of curb ramps, and it was noted that the application of s~urry seal did not apply. Council Member Negrete made a motion, seconded by Council Member Anderson, that the plans for rehabilitation of pavement by slurry seal method for streets between 9th Street and Base Line Street and from "E" Street to Waterman Avenue, in accordance with Plan No. 9757, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. 9 2/16/1998 RECESS MEETING At 10:18 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 29 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: None. PUBLIC HEARING - DETERMINE PUBLIC CONVENIENCE & NECESSITY REQUIRE - ACQUISITION OF EASEMENTS - WIDENING OF KENDALL DRIVE - APN 0152-022-40 - SANAI, ET AL. PROPERTY (16) Michael Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated January 27, 1998, concerning the widening of Kendall Drive. Director Hays provided a synopsis of the action taken to procure parcel number 0152-022-40. Mayor Minor opened the hearing. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if any sidewalks were to be installed. RES. 98-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED WIDENING OF KENDALL DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. (A.P.N. 0152-022-40, SANA I , ET AL. PROPERTY) (16) Council Member Oberhelman made a motion, seconded by Council Member Arias, that the hearing relative to determining the necessity of acquiring a slope easement and temporary construction easement from that parcel of land identified as Assessor's Parcel No. 0152-022-40 (Sanai, et al.) relative to the widening of Kendall Drive, between 36th Street and "H" Street, be closed; and that said resolution be adopted. The motion carried and Resolution No. 98-34 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 10 2/16/1998 PUBLIC HEARING - DETERMINE PUBLIC CONVENIENCE & NECESSITY REQUIRE - ACQUISITION OF EASEMENTS - WIDENING OF KENDALL DRIVE - APN 0152-223-01 - ANDERSON PROPERTY (17) Michael Hays, Acting Director of Fublic submitted a Staff Report dated January 27, widening of Kendall Drive. Works/City Engineer, 1998, concerning the Director Hays provided a synopsis of the action taken to acquire parcel number 0152-223-01, Anderson property. Mayor Minor opened the hearing. There were no public comments received. RES. 98-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED WIDENING OF KENDALL DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. (A.P.N. 0152-223-01, ANDERSON PROPERTY) (17) Council Member Anderson made a motion, seconded by Council Member Arias, that the public hearing relative to determining the necessity of acquiring a slope easement and temporary construction easement from that parcel of land identified as Assessor's Parcel No. 0152-223-01 (Anderson) relative to the widening of Kendall Drive, between 36th Street and "H" Street, be closed; and that said resolution be adopted. The motion carried and Resolution No. 98-35 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 98-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING PARTICIPATION IN WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS REGIONAL POWER PURCHASING AGGREGATION. (18) City Administrator Wilson stated that as a result of Assembly Bill 1890 (deregulation of utilities), cities have been working together to identify ways to achieve the maximum energy savings at the lowest cost. Kindred Peterson-Murillo, County of San Bernardino, answered questions regarding the anticipated savings to be realized, the creation of the various agencies and the costs associated with such. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, suggested that the city pursue the matter with a notion of receiving a bonus 11 2/16/1998 to benefit the general fund, questioned the effects of the deregulation on the city's utility tax and recommended that the tax be lowered and imposed on those entities which are currently exempt. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 10:53 a.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. City Administrator Wilson answered questions concerning the allocation of funds. COUNCIL MEMBER CURLIN EXCUSED At 10:55 a.m., Council Member Curlin left the council meeting. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the expenditure of $17,525 for the cost of participation in the Western Riverside Council of Governments (WRCOG) and the San Bernardino Associatlon of Governments (SANBAG) regional aggregation program, with 50 percent of the cost to be reimbursed by the Water Department, be approved; and that said resolution be adopted, based on the contingency that the contract come back for final approval. The motion carried and Resolution No. 98-36 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RECEIVE & FILE - MID-YEAR BUDGET REPORT - FISCAL YEAR 1997/98 (19) Barbara Pachon, Director of Finance, submitted a Staff Report dated February 11, 1998, concerning the mid-year budget report for fiscal year 1997/98. Director Pachon answered questions regarding the mid-year budget report for fiscal year 1997/98. COUNCIL MEMBER CURLIN RETURNED At 10:58 a.m., Council Member Curlin returned to the council meeting and took his place at the council table. A discussion ensued relative to the anticipated revenue to be received. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council receive and file the fiscal year 1997/98 mid-year budget report, with the correction of Item 4630, Special Revenue Funds. 12 2/16/1998 MAYOR MINOR EXCUSED At 11:05 a.m., Mayor Minor Council Member Negrete assumed the left the council meeting duties of Mayor Pro Tern. and CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED At 11:06 a.m., City Attorney Penman and City Administrator Wilson left the council meeting and were replaced by Deputy City Attorney Empeno and Planning and Building Services Director Hays, respectively. DETERMINE - PUBLIC CONVENIENCE LIQUOR LICENSE FIVE STARS WATERMAN AVENUE - STEVE L. HA OR NECESSITY - SUPERMARKET TYPE-21 1003 N. (24) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated February 5, 1998, concerning the Five Stars Supermarket located at 1003 N. Waterman Avenue. Director Hays provided a synopsis of the action taken for the approval of a type-21 liquor license for the Five Stars Supermarket located at 1003 N. Waterman Avenue. Discussion ensued regarding the provisions of the liquor license. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Planning and Building Services Department to send a letter to the Department of Alcoholic Beverage Control for authorization for a type-21 liquor license for the Five Stars Supermarket located at 1003 N. Waterman Avenue, with the condition that no single can sales be allowed. RES. 98-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, OTHER AREA CITIES, AND FEDERAL AND STATE AGENCIES REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF A HABITAT CONSERVATION PLAN. (Continued from January 26, 1998) (25) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-37 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, COUNCIL MEMBER CURLIN EXCUSED At 11:14 a.m., Council Member Curlin left the council meeting. 13 2/16/1998 PLANNING AND BUILDING SERVICES DIRECTOR HAYS EXCUSED At 11:14 a.m., Planning and Building Services Director Hays left the council meeting and was replaced by City Administrator Wilson. AUTHORIZE REMOVAL - UNDERGROUND STORAGE TANKS STATIONS 1 & 5 AND CITY HALL FIRE (21) Edward Raya, Director of Risk Management, submitted a Staff Report dated February 5, 1998 and a memorandum dated February 12, 1998, concerning the removal of underground storage tanks at Fire Stations 1 and 5 and City Hall. A discussion was held concerning the location of the City Hall tank. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that $70,000 be transferred from Account No. 629-453-5162, Liability Claims, to Account No. 629-453-5502, Professional Contractual Services; and that staff be directed to prepare plans and specifications and solicit bids for the removal of the underground storage tanks at Fire Stations 1 and 5 and at City Hall. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:16 a.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. RES. 98-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 97-312 AND AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN..." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (20) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-38 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RES. 98-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SPENCER & JONES GENERAL CONTRACTORS FOR DESIGN/BUILD SERVICES FOR A NEW FUEL STATION AT CITY YARD AND REMOVAL OF EXISTING FUEL STATION AND REMEDIATION OF CONTAMINATED SOILS. (22) Michael Hays, Acting Director of Public Works/City Engineer, explained the services to be provided by Spencer & Jones General Contractors. 14 2/16/1998 Jim Howell, Director of Public Services, answered questions regarding the savings to be realized. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-39 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. APPROVE - LEASE/LEASEBACK FINANCING & AIRPORT OWNERSHIP - SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (Continued from February 2, 1998) (23) City Attorney Penman expressed concern regarding the owner identification of said property. COUNCIL MEMBER CURLIN RETURNED At 11:22 a.m., Council Member Curlin returned to the council meeting and took his place at the council table. Concern was expressed regarding the provisions of the transaction. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 16, 1998. RES. 98-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE AGREEMENT FOR A SLOPE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON THE EAST SIDE OF KENDALL DRIVE, SOUTH OF ARROWHEAD AVENUE FOR THE PROPOSED WIDENING OF KENDALL DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. (A.P.N. 0152-022-24, PUTHOFF PROPERTY) (Sl) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 98-40 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 98-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE AGREEMENT FOR A SLOPE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON THE EAST SIDE OF KENDALL DRIVE, SOUTH OF ARROWHEAD AVENUE FOR THE PROPOSED WIDENING OF KENDALL DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. (A.P.N. 0152-022.-25, KNIGHT PROPERTY) (S2) 15 2/16/1998 Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98 -41 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, DISCUSS & TAKE ACTION - REMOVAL OF POST-ELECTION CAMPAIGN SIGNS - COUNCIL MEMBER CURLIN (S3) Council Member Curlin submitted a Staff Report dated February 10, 1998, concerning the removal of post-election campaign signs. A discussion was held concerning the current provisions of the Municipal Code for the removal of campaign signs, and it was suggested that the matter be referred to the Legislative Review Committee. Council Member Oberhelman made a motion, seconded Member Anderson, and unanimously carried, that the referred to the Legislative Review Committee. by Council matter be APPROVE - FINDINGS OF AUTHORIZE EXECUTION ANWYA, OWNER FACT - STATEMENT OF DECISION - 1999 NORTH "E" STREET NAAIL (S4) James F. Penman, City Attorney, submitted a Staff Report dated February 10, 1998, concerning the property located at 1999 North HEll Street. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the findings of fact and statement of decision relative to property located at 1999 North "E" Street, San Bernardino, CA, and authorize the Mayor to execute said document. NEIGHBORHOOD INITIATIVE TARGET AREA PROPOSAL - FEDERAL FUNDS - REHABILITATION (S5) Fred Wilson, City Administrator, submitted a Staff Report dated February 11, 1998, concerning the Neighborhood Initiative Target Area Proposal. City Administrator Wilson stated that $15,000,000 has been designated by the federal government to the cities of Highland, Redlands, San Bernardino and the unincorporated areas of San Bernardino County for neighborhood preservation. Mr. Wilson explained that the county would be administering the funds, gave a presentation regarding the proposal for the Neighborhood Initiative Target Area and answered questions relative to such. 16 2/16/1998 Council Member Devlin made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve in concept the Neighborhood Initiative Target Area proposal, and direct staff to continue to develop and refine the proposal. (Note: There was no vote taken.) Concern was expressed regarding the various areas of the city which have not been addressed, and it was recommended that the proposal be diversified. Lita Pezant, 1514 W. Evans Street, San Bernardino, CA, Chairwoman of the Northwest Redevelopment Project Area Committee, recommended that the funds be allocated throughout the city. A discussion was held concerning the boundaries for the proposed neighborhood initiative target area. Wallace Allen, Member of the Northwest Redevelopment Project Area Committee, suggested that prioritles throughout the city be established by project. COUNCIL MEMBER CURLIN & MILLER EXCUSED At 12: 06 p. m., Council Members Curlin and Miller left the council meeting. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously ca~ried, that the matter be continued to the Mayor and Council meeting of March 2, 1998. RECESS MEETING At 12:09 p.m., Mayor Pro Tern Negrete recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 02 p. m., Mayor Pro Tern Negrete reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Negrete; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Administrator Steinhaus. Absent: None. 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 2:02 p.m., Vice-Chairman Negrete called to order the joint 17 2/16/1998 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. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas 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, be waived. RES. 98-42 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY POLICE DEPARTMENT. (R4A) RES. 98-43 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LIBRERIA DEL PUEBLO, INC. (R4B) RES. 98-44 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHILDREN'S NETWORK. (R4C) RES. 98-45 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING .AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAMP FIRE BOYS AND GIRLS. (R4D) 18 2/16/1998 RES. 98-46 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LEGAL AID SOCIETY OF SAN BERNARDINO. (R4E) RES. 98-47 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICE AGENCY OF SAN BERNARDINO. (R4F) RES. 98-48 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS PADRINOS OF SO CALIF, INC. (R4G) RES. 98-49 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER. (R4H) RES. 98-50 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY BEHAVIORAL HEALTH. (R4I) RES. 98-51 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING .l\.GREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YWCA OF GREATER SAN BERNARDINO. (R4J) RES. 98-52 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND SENIOR CENTER. (R4K) RES. 98-53 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARY'S MERCY CENTER, INC. (R4L) 19 2/16/1998 RES. 98-54 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY PARKS. (R4M) RES. 98-55 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY LIBRARY. (R4N) RES. 98-56 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE. (R40) RES. 98-57 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SEXUAL ASSAULT, INC. (R4P) RES. 98-58 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CHILD ADVOCACY. (R4Q) RES. 98-59 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY. (R4R) RES. 98-60 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB. (R4S) RES. 98-61 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ECONOMIC DEVELOPMENT AGENCY. (R4T) 20 2/16/1998 RES. 98-62 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY. (R4U) RES. 98-63 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARROWHEAD UNITED WAY. (R4V) RES. 98-64 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOME OF NEIGHBORLY SERVICES. (R4W) RES. 98-65 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COMMUNITY AGAINST DRUGS. (R4X) RES. 98-66 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHILDREN'S FUND, INC. (R4Y) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 98-42, 98-43, 98-44, 98-45, 98-46, 98-47, 98- 48, 98-49, 98-50, 98-51, 98-52, 98-53, 98-54, 98-55, 98-56, 98-57, 98 - 5 8 , 98 - 5 9 , 98 - 6 0 , 98 - 61 , 98 - 62 , 98 - 63, 98 - 64 , 98 - 6 5 and 98 - 6 6 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 98-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO AMERICAN LAFRANCE FOR THE REFURBISHMENT OF THE FIRE DEPARTMENTS' 1982 AMERICAN LAFRANCE AERIAL LADDER TRUCK, REGISTER NUMBER 7620. THIS AWARDING OF THE AGREEMENT TO AMERICAN LAFRANCE IS BASED ON THE NECESSITY TO REPAIR THE FAILED AERIAL LADDER AND SYSTEM COMPONENTS AND THE REPLACEMENT OF EQUIPMENT TO MEET MANUFACTURER SPECIFICATIONS. (R3) 21 2/16/1998 Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 98-67 was adopted by the following vote: Council Members Negrete, Curlin, Arlas, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 98-68 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE USE OF HOME FUNDS FOR THE REHABILITATION OF CERTAIN MOBILE HOME PARKS. (R6) Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 98-68 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LOAN AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO. (R7A) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED IN AGGREGATE $32,000,000 TAX ALLOCATION REFUNDING BONDS SERIES 1998A (CENTRAL CITY MERGED PROJECT) TAX ALLOCATION REFUNDING BONDS SERIES 1998B (CENTRAL CITY MERGED PROJECT) APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7C) Barbara Lindseth, Administrative Services Director, Economic Development Agency, provided a synopsis of the action taken relative to the issuance of the tax allocation bonds and stated that an approximate savings of $2.2 million should be realized. Concern was expressed regarding the use of redevelopment funds for public projects in that property taxes would no longer be collected. Council Member Devlin made a motion that the matter be continued to the Mayor and Council meeting of March 16, 1998. The motion failed for lack of a second. A discussion was held concerning the time required to realize the potential savings and ensure the closure of the bonds. 22 2/16/1998 Council requested that the following information be supplied in the forthcoming Staff Report: The amount of debt service reserves for the current bond issue that could be applied towards meeting the gap between our current tax increment and what is available to service these bonds and what the payments are. Council Member Devlin made a motion, seconded Member Curlin, and unanimously carried, that the continued to the Mayor and Council meeting of March 2, by Counc i 1 matter be 1998. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DISPOSITION AND TRANSFER OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY TO THE CITY OF SAN BERNARDINO (STADIUM COMPLEX) (R8) Council Member Curlin made a motion that said resolution be adopted. The motion failed for lack of a second. Concern was expressed regarding the amount of costs associated with the transfer of the stadium and tee liability the city would be assuming. Council Member Anderson made a motion that the matter be continued to the Mayor and Council meeting of March 2, 1998. The motion failed for lack of a second. Annie Ramos, Director of Parks, Recreation and Community Services, explained that her department currently does not pay for water expenses. Council Member Miller made a motion that the matter be continued to the Mayor and Council meeting of March 16, 1998. The motion failed for lack of a second. Council Member Negrete made a motion, seconded by Council Member Curlin, that said resolution be adopted. Council Member Negrete withdrew his motion, and the motion failed. A discussion was held concerning ~he debts to be assumed by the city as a result of the transfer of the stadium. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 16, 1998. 23 2/16/1998 RES. 98-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FOR PURCHASE OF AN ALL WHEEL STEER AERIAL LADDER TRUCK. (RS2A) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 98-69 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 3:30 p.m., Economic Developnent Agency Administrator Steinhaus left the council meeting and was replaced by Planning and Building Services Director Hays. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 3:30 p.m., Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo left the council meeting and were replaced by City Attorney Penman. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (5) Council Member Devlin announced the passing of Mike Stephens and expressed his condolences to his family. APPEAL HEARING PLANNING COMMISSION'S DENIAL CONDITIONAL USE PERMIT NO. 97-09 - 24,000 SQUARE FOOT BUILDING - NORTHWEST CORNER OF 16TH STREET & MEDICAL CENTER DRIVE CO-I, COMMERCIAL OFFICE, LAND USE DESIGNATION - BRIAN CASTER (Continued from January 26, 1998) (26) Rachel Clark, City Clerk, submitted a memorandum dated February 13, 1998, stating that 314 petitions were received from the members of St. Anthony Catholic Parish and School Board, 257 of which are residents and 57 reside out of town. Rachel Clark, City Clerk, submitted a memorandum dated February 13, 1998, stating that 14 individuals had written to express their opposition to the construction of the proposed building at the northwest corner of 16tll Street and Medical Center Drive. Mayor Pro Tern Negrete opened the hearing. 24 2/16/1998 Planning and Building Services Director Hays provided a synopsis of the action taken relative to Conditional Use Permit No. 97-09. City Attorney Penman explained that he had taken action to stop construction of the building because of what he had read in the March 1997 publication of the "Inside Oriented," a monthly publication of the San Bernardino County Department of Behavioral Health. A discussion was held concerning the intended use of the proposed building. Brian Caster, Caster Group L.P., 4607 Mission Gorge Place, San Diego, CA, stated that he is aware of the concerns of the residents; however, the buildings' use would consist of office space, noting that it would remain a condition of approval, and urged the approval by the Mayor and Council. Jim McReynolds, Director of the San Bernardino Department of Behavioral Health, explained the services provided within the proposed building and gave a history westside clinic. County to be of the Doctor Robert Crigler embellished on the importance of the services provided by the Department of Behavioral Health. The following individuals expressed opposition to the construction of the proposed building: Cheryl Brown, 1626 Pennsylvania Street, San Bernardino, CA. Father Eric P. Vargas, St. Anthony's Church, 1640 Western Avenue, San Bernardino, Ca. Morsell Johnson, Second Vice President of the NAACP, 1505 W. Highland Avenue, Suite 11, San Bernardino, CA. Sister Betty McGovern, St. Anthony's School, 1510 W. 16th Street, San Bernardino, CA. Reverend Harry L. Jacks, P. O. Box 1386, San Bernardino, CA. Morris Poindexter, 1465 Wilson Street, San Bernardino, CA. Norma Archie, 1902 W. 15th Street, San Bernardino, CA. Jurlean McGinnis Polidore, 1624 Susie Lane, San Bernardino, CA. Valerie Pope-Ludlam, 1818 Colorado Street, San Bernardino, CA. Harold Duffy, 5028 Wyche Court, San Bernardino, CA. Wallace Allen, Member of the Northwest Redevelopment Area Project Committee, 498 Court Street, San Bernardino, CA. Clyde Parker, 1566 Rosario Lane, San Bernardino, CA. Brian Caster stated that they have greatly detailed who would be occupying the proposed building and a traffic light would also be installed to address the traffic concerns. 25 2/16/1998 City Attorney Penman read the following from the March 1997, n Inside Oriented," into the record: "The larger facility includes three entrances. Adult day treatment clients will enter on the east side of the edifice in order to receive medications and group therapy. As the most seriously ill clients functioning outside the Inpatient Unit, these individuals need to have a separate waiting room from children, who have been abused or molested. A second entrance on the east side of the building will be for OADP administration. The third entrance wi:l be on the south side of the complex and will be restricted to children and families. Separate restrooms for children will also obviate the current need for Westside/CATS restrooms to be monitored. A small, outdoor play area has been envisioned near the south entrance to the building." Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council deny the appeal. It was determined that a and Council would reconvene support of the denial. recess would be called and the Mayor to adopt the findings of fact in RECESS MEETING At 4:52 p.m., Mayor Pro Tern Negrete recessed to 5:15 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 5: 13 p. m., Mayor Pro Tern Negrete reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Negrete; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Deputy City Attorney Empeno, City Clerk Clark, Planning and Building Services Director Hays. Absent: Council Member Miller. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (5) Council Member Anderson stated that Council Member Miller had a death in her family and she had to leave the meeting. APPEAL HEARING PLANNING COMMISSION'S DENIAL CONDITIONAL USE PERMIT NO. 97-09 - 24,000 SQUARE FOOT BUILDING - NORTHWEST CORNER OF 16TH STREET & MEDICAL CENTER DRIVE CO-I, COMMERCIAL OFFICE, LAND USE DESIGNATION - BRIAN CASTER (Continued from January 26, 1998) (26) Findings in support of project denial of Conditional Use Permit No. 97-09 were submitted into the record. 26 2/16/1998 Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Council adopt the findings of fact in support of the denial pursuant to Municipal Code Section 19.36.050. ADJOURNMENT (27) At 5:17 p.m., the joint regular meeting adjourned. The next regular meeting will be held at 9:00 a.m. on Monday, March 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By '1p~~, ~~ S zanna dova eputy City Clerk No. of Items: 40 No. of Hours: 7 & 15 mins. 27 2/16/1998