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HomeMy WebLinkAbout05-18-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 18, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:08 a.m., Monday, May 18, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION At 8: 08 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): Shirlev J. Goodwin vs. Citv of San Bernardino - United States District Court Case No. EDCV 98-66 RT (VAPx); Theresa D. Anava vs. ci tv of San Bernardino San Bernardino Superior Court Case No. SCV 42353; Ruthie Goldkorn vs. Citv of San Bernardino United States District Court Case No. EDCV 98-42 RT (VAPx); Denise United (VAPx) ; Carrillo-Chacon States District vs. Citv of San Bernardino Court Case No. EDCV 98-19 RT William Walker, Jr., Maria Walker vs. citv of San Bernardino - United States District Court Case No. SACV 98-196 AHS (EEx); People of the State of California vs. NRLL Inc.; Citvof San Bernardino - San Bernardino Superior Court Case No. SCV 45634. 1 5/18/1998 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. CLOSED SESSION At 8:08 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Coleman and Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and the regular agenda 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 in closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:20 a.m., Deputy City Attorney Coleman left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:52 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 8:57 a.m., the closed session adjourned to the Council Chambers of City Hall. 2 5/18/1998 RECONVENE MEETING At 9: 03 a. m., Mayor Valles reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Sister Marita Beumer of St. Bernardine's Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Schnetz. ANNOUNCEMENTS - MAYOR VALLES - SOLDALEN LODGE - SONS OF NORWAY - NORWAY'S CONSTITUTION DAY - MAY 16, 1998 (4) Mayor Valles stated that before the meeting continued, a flag- raising ceremony to commemorate the observance of Norway's Constitution Day would take place in front of City Hall. RECESS MEETING At 9:06 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 9:28 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: None. APPOINTMENTS COMMISSION - SCHNETZ - HUMAN RELATIONS COMMISSION - FINE ARTS MAYOR VALLES & COUNCIL MEMBERS LIEN AND (2) Mayor Valles submitted Staff Reports dated May 7, 1998, recommending appointments to the Human Relations Commission and the Fine Arts Commission, as requested by herself and Council Members Lien and Schnetz. Council Member Devlin made Member Miller, and unanimously appointments be approved: a motion, carried, seconded by Council that the following 3 5/18/1998 MAYOR VALLES Bryon Congdon (Appointment) - Human Relations Commission COUNCIL MEMBER LIEN Helen Marie Carlson (Reappointment) - Fine Arts Commission COUNCIL MEMBER SCHNETZ Barry Silver (Reappointment) - Fine Arts Commission PROCLAMATION - MENTAL HEALTH MONTH - MAY 1998 (3) Juanita Scott, Assistant to the Mayor, read a resolution proclaiming the month of Mayas "Mental Health Month" within the City of San Bernardino. Ruth Mercer accepted the proclamation. COMMENDATION CERTIFICATES RILEY ELEMENTARY STUDENTS - BOOK PRODUCTION - FOR THE SAKE OF THE SCHOOL LAKE (3) Certificates of commendation were presented to students of Riley Elementary School for their participation in the production of the book entitled "For the Sake of the Lake." The students gave a rendition of a song they produced concerning the proposed lake project. PRESENTATION TO THE CITY - GOODWILL INDUSTRIES - 70TH ANNIVERSARY - RIVERSIDE & SAN BERNARDINO COUNTIES (3) Rob Moors, President/Chief Executive Officer Industries, presented the Mayor and Council with version of the Goodwill Industry truck. of Goodwill a miniature 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 Jane Sneddon George Avery Mardell Jimerson John payan Kevin Whitaker Celia McKinley Deoartment City Clerk Fire Fire Fire Fire Library Years of Service 20-year pin 10-year pin 10-year pin 10-year pin 10-year pin 5-year pin 4 5/18/1998 Catherine Johnson Parks, Recreation & 10-year pin Community services Thomas 0' Dell Planning & Building IS-year pin Services Michael Billdt Police 20-year pin John Cardillo Police 5-year pin David Dillon Police IS-year pin Dennis Evan Police 25-year pin Bill Fletcher Police 20-year pin Michael Gile Police 20-year pin Paul pancucci Police IS-year pin David Rosas Police IS-year pin Bobbie Sealy Public Services 5-year pin Paul Budde Public Services 5-year pin Each employee received a service pin presented by Mayor Valles. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias stated that she had attended the funeral service for Mindy Flores, the eight-year old girl who was in her home and was hit by cross fire. A moment of silence was observed. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin acknowledged Joe Suarez, Chairman of the Soap Box Derby, and the numerous volunteers who brought to fruition the successful event held on May 16 and 17. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she had attended the 11th annual conference for her church and it is her desire to see the image of San Bernardino improved and the religious teachings passed on to each generation. She encouraged everyone to say "thank you" and "please," for this would make a great beginning. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles expressed her elation in attending the Soap Box Derby and stated that she is proud to say that the Soap Box Derby has been recognized as the largest in the State of California. The event has been taking place since 1934. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman provided a synopsis of the action taken to eliminate the blight within the city. S 5/18/1998 ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles announced the appointment of Community Liaison Nick Gonzales who will be working to improve business and blight conditions within the city. If anyone needs assistance, Mr. Gonzales can be contacted at 384-5133. She further announced that on May 20, the city would be celebrating its 188th anniversary. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark explained the provisions for the conduct of yard sales. Questions may be addressed at 384-5302. She also stated that June 2 is the State's Primary Election, and questions may be referred to the Registrar of Voters Office at 387-8300. PUBLIC COMMENTS - ALLEN BARTLEMAN (5) Allen Bartleman, 5364 N. Mayfield Avenue, urged the residents to vote no on Proposition Municipal Courts) and to vote for #150 as Municipal Court judge. San 220 he Bernardino, (closure of is running CA, the for PUBLIC COMMENTS - PENNY LILBURN (5) Penny Lilburn, Executive Director of the Highland Senior Center, 3102 E. Highland Avenue, Patton, CA, requested that the Mayor and Council reconsider the loss of funds from their organization and recommended that the reduction be achieved equally throughout the various entities. PUBLIC COMMENTS - STEVEN SHAW & ALLEN BONE (5) Steven Shaw and Allen Bone, Pioneer Fire Museum, 247 S. Boyd #A, San Bernardino, CA, requested financial assistance to enable their organization to continue its operation within the city. A discussion was held regarding the possibility of utilizing the J.C. Penney Tire Store located at the Carousel Mall for the pioneer Fire Museum. COUNCIL MEMBER ARIAS EXCUSED At 10:12 a.m., Council Member Arias left the council meeting. PUBLIC COMMENTS - JAMES MULVIHILL (5) James Mulvihill, 200 E. 30th Street, San Bernardino, CA, opposed the reduction of funds from the Highland Senior Center for the purchasing of fire apparatus and requested that other means be pursued. 6 5/18/1998 PUBLIC COMMENTS - JAMES PENMAN (5) James Penman, 221 E. Marshall Boulevard, San Bernardino, CA, expressed support for Proposition 220 and encouraged a yes vote. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a mot ion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Anderson, 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: March 16, 1998; April 6, 1998; April 15, 1998; April 20, 1998. CLAIMS & PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 12, 1998, from Barbara pachon, Director of Finance, be approved. RES. 98-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CITY OF SAN BERNARDINO DEFERRED COMPENSATION PLAN TO REFLECT THE 1997 CHANGES IN UNITED STATES CODE SECTION 457. (10) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Ayes: Nays: Member Resolution No. 98-114 was adopted by the following vote: Council Members Estrada, Lien, Schnetz, Anderson, Miller. None. Abstain: Council Member Devlin. Absent: Council Arias. ORD. MC-1022 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.60.010 AND 8.60 .IS0 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. Final (11) ORD. MC-1023 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.135 OF THE SAN BERNARDINO MUNICIPAL CODE DEFINING HAZARDOUS FIRE AREA. Final (12) 7 5/18/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, that said ordinances be adopted. Ordinance Nos. MC-I022 and MC-I023 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. APPROVE & RATIFY ACTION - MAYOR VALLES - HOLD HARMLESS & INDEMNITY AGREEMENT FEDERAL GOVERNMENT ANNUAL AIRCRAFT RESCUE & FIRE FIGHTING (ARFF) TRAINING (13) Huston Carlyle, Jr., Senior Assistant City Attorney, submitted a Staff Report dated May 11, 1998, concerning the annual aircraft rescue and fire fighting training. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Common Council approve and ratify the action of the Mayor in entering into a hold harmless and indemnity agreement with the federal government for the purpose of annual aircraft rescue and fire fighting (ARFF) training. RES. 98-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS IN FEBRUARY 1998. (15) RES. 98-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD SERVICE FOR THE CITY'S SUMMER LUNCH PROGRAM. (17) RES. 98-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE A REIMBURSEMENT AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR YOUTH MENTORING SERVICES AND LATE NIGHT HOOPS PROVIDED FOR FISCAL YEAR 1996/97. (18) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 98-115, 98-116 and 98-117 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. 8 5/18/1998 AUTHORIZE - STREET NAME CHANGE - TWO ACCESS ROADS TO INLAND CENTER MALL - CENTRAL AVENUE TO NORTH MALL STREET - BENEDICT STREET TO SOUTH MALL STREET (22) ,Michael Hays, Acting Director of Public Works/City Engineer, submltted a Staff Report dated April 21, 1998, concerning a request to change the names of two streets from Central Avenue to North Mall Street and Benedict Street to South Mall Street. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Public Works Department be authorized to proceed with street name changes for two access roads into Inland Center Mall; that Central Avenue be changed to "North Mall Street" and Benedict Street be changed to "South Mall Street." COUNCIL MEMBER ARIAS RETURNED At 10:23 a.m., Council Member Arias meeting and took her place at the council returned to the council table. PERSONNEL ACTIONS (9) Council expressed concern regarding the minimum qualifications established for positions paying $58,000+; and a discussion ensued regarding the difference between a competitive recruitment and an appointed position. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 7, 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. RES. 98-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (14A) RES. 98-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. JOSEPH MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (14B) Council expressed concern relative to the ethnic diversity within the Police Department. Civil Service Examiner Doug Chandler answered regarding the availability of the physician located County. questions in Orange 9 5/18/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution following vote: Schnetz, Devlin, Nos. 98-118 and Ayes: Council Anderson, Miller. 98-119 Members Nays: were adopted Estrada, Lien, None. Absent: by the Arias, None. RES. 98-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 8 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (16) COUNCIL MEMBER ESTRADA EXCUSED At 10:31 a.m., Council Member Estrada declared a conflict of interest and left the council meeting. James Mulvihill, 200 E. 30th Street, San Bernardino, CA, stated that the services provided by Casa Ramona, Inc., were also being provided by Operation Grace and Option House and questioned whether these various organizations should have had the opportunity to bid on the contract. A discussion ensued regarding the actions taken to establish a drop-in center and the history of Casa Ramona, Inc. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 98-120 was adopted by the following vote: Members Lien, Arias, Schnetz, Devlin, Anderson, None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED At 10:43 a.m., Council Member Estrada returned to the council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. First (19) Council inquired about the annual costs associated with the amendment. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. 10 5/18/1998 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VALLEY SLURRY SEAL CO., A CALIFORNIA CORPORATION, FOR PAVEMENT REHABILITATION BY SLURRY SEAL METHOD BETWEEN HIGHLAND AVENUE AND ROUTE 30 AND FROM "E" STREET TO EAST TWIN CREEK CHANNEL. (20) Council expressed concern regarding the use of slurry seal, and a discussion ensued relative to such. Ci ty Administrator Wilson explained that a future workshop would be conducted to explain the application of overlays, asphalt and slurry seal. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be referred to the Ways and Means Committee. Council Member Estrada withdrew her second to allow for discussion, and the motion failed for lack of a second. Jim Howell, workshop is being and Council. Director of Public Services, explained that a developed to address the concerns of the Mayor A discussion was held concerning the need to prioritize funds for proper street maintenance. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution be referred to the Ways and Means Committee. RECESS MEETING At 11:00 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 11: 11 a. m., Mayor Valles reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. RES. 98-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADIMAN-MCCAIN, INC., FOR INSTALLATION OF STORM DRAIN AT OHIO AVENUE BETWEEN OLIVE AND BAILEY CREEK CHANNEL AND PALM AVENUE BETWEEN WASHINGTON STREET AND IRVINGTON AVENUE. (21) A discussion was held concerning the application of funds. 11 5/18/1998 Council Member Estrada made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-121 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. PUBLIC HEARING - PLACEMENT OF LIENS - PARCELS OF REAL PROPERTY - UNPAID TRANSIENT LODGING TAX FEES (23) Rachel Clark, City Clerk, submitted a Staff Report dated April 23, 1998, and a memorandum dated May 18, 1998, concerning the placement of liens for unpaid transient lodging tax fees. Mayor Valles opened the hearing. No public comments were received. RES. 98-122 - RESOLUTION OF IMPOSING LIENS ON CERTAIN LOCATED WITHIN THE CITY OF TRANSIENT LODGING TAXES. THE CITY OF SAN BERNARDINO PARCELS OF REAL PROPERTY SAN BERNARDINO FOR UNPAID (23) Council Member Miller made a motion, seconded by Council Member Anderson, 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. The motion carried and Resolution No. 98-122 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. COUNCIL MEMBER ARIAS RETURNED At 11:15 a.m., Council Member Arias returned to the council meeting and took her place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13630, LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND 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. (Continued from May 4, 1998) (Discussed later in the meeting - page 15) (24) City Administrator Wilson explained that the fees had not been paid and staff was recommending that the matter be tabled. 12 5/18/1998 Council Member Devlin made a mot ion, Member Anderson, that the matter be tabled. vote taken.) seconded by Council (Note: There was no City Attorney Penman requested that the matter be continued to the afternoon. Council Member Estrada made a substitute motion, seconded by Council Member Anderson, that the matter be continued to the afternoon. (Note: There was no vote taken.) Council requested that clearer reproductions of maps be included in the staff report. It was the consensus of the Mayor and Council that the matter be continued to the afternoon. RES. 98-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED BY SAID CITY, GENERALLY LOCATED NORTHWEST OF LITTLE LEAGUE DRIVE, NORTHEAST OF THE I-215 FREEWAY IN SAID CITY, AND DETERMINING THE FAIR MARKET VALUE AND ESTABLISHING MINIMUM SALE PRICE FOR SAID PROPERTY. (25) Council inquired as to how the funds from the sale of the property could be applied. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-123 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. RES. 98-124 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A POSITION OF SUPPORT FOR PROPOSED LEGISLATION TO ERADICATE INVASIVE PLANTS FROM THE SANTA ANA RIVER WATERSHED. (26) A discussion ensued concerning the rationale for the proposed action. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Ayes: Nays: Resolution No. 98-124 was adopted by the following vote: Council Members Estrada, Schnetz, Devlin, Anderson, Miller. Council Members Lien, Arias. Absent: None. 13 5/18/1998 RES. 98-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING PROPOSITION 226, AN INITIATIVE TO CHANGE THE WAY EMPLOYERS AND LABOR UNIONS MAKE CAMPAIGN CONTRIBUTIONS. (27) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-125 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the Arias, None. following vote: Schnetz, Devlin, APPROVE SALE - $450,000 - SURPLUS PROPERTY - NEXTEL, INC. - AUTHORIZE COUNTY OF SAN BERNARDINO - INSTALL 800 MHZ RADIO SYSTEM UPGRADES (28) Janis Ingels, Director of Management Information Services (MIS), submitted a Staff Report dated May 7, 1998, concerning the sale of surplus city property and the installation of 800 Mhz radio system upgrades. Director Ingels answered questions regarding the surplus material and the services to be provided by Nextel, Inc. Council suggested that the funds be used to augment MIS staff. Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve the sale of surplus 800 Mhz equipment, as listed on Attachment A of the Staff Report dated May 7, 1998, to Nextel, Inc., for $450,000; and that the County of San Bernardino be authorized to install city-owned 800 Mhz radio system upgrades provided by Nextel, Inc., as listed in Attachment B of said staff report. RECESS MEETING At 11:36 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 01 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo; City Clerk Clark; Development Director Winkler. Absent: Council Member Arias. 14 5/18/1998 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13630, LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND 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. (Continued from May 4, 1998) (Discussed earlier in the meeting - page 12) (24) Council Member Miller made a mot ion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. 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: 03 p. m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 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 Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the 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. 15 5/18/1998 RES. 98-126 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING AND ACCEPTING THE ASSUMPTION BY EL CORTE INGLES, S.A., OF THE OBLIGATIONS OF THE HARRIS COMPANY TO THE CITY OF SAN BERNARDINO WHICH ARISE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LOANS KNOWN AS THE 1995 FLOAT LOAN AGREEMENT (HARRIS COMPANY) AND THE 1995 CITY SECTION 108 LOAN AGREEMENT (HARRIS COMPANY), AND APPROVING THE FORM OF A 1998 CITY OF SAN BERNARDINO ASSIGNMENT AND LOAN ASSUMPTION AGREEMENT (1995 HUD SECTION 108 LOAN AGREEMENT) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN INSTRUMENTS ON BEHALF OF THE CITY OF SAN BERNARD I NO . (R5 ) Development Director building is being sold to willing to assume the loan Winkler explained that the Harris its parent organization and they are obligation. Economic Development Agency Special Counsel Sabo stated that amendments to the contract would require further negotiations. COUNCIL MEMBER ARIAS RETURNED At 2:12 p.m., Council Member Arias returned to the council meeting and took her place at the council table. Concern was expressed regarding the city's ability to guarantee future 108 loans and the possibility of recelvlng a partial payment from the parent organization to enable the city to have access to additional funds. A discussion was held concerning the requirements to renegotiate the contract. Council Member Estrada made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 98-126 was adopted by the following vote: Members Estrada, Lien, Arias, Devlin, Anderson, Council Member Schnetz. Absent: None. COUNCIL MEMBER MILLER EXCUSED At 2:20 p.m., Council Member Miller left the council meeting. PUBLIC HEARING - SECOND AMENDMENT - THIRD YEAR ACTION PLAN - 1995/1999 CONSOLIDATED PLAN - FISCAL YEAR 1997/98 HOME INVESTMENT PARTNERSHIP ACT FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R6) Ronald Winkler, Development Director, Economic Agency, submitted a Staff Report dated May 13, 1998, Development concerning a 16 5/18/1998 second amendment to the Third Year Action Plan of the 1995/1999 Consolidated Plan. Mayor Valles opened the hearing. Director Winkler answered questions regarding the Acquisition, Rehabilitation and Resale (ARR) Program. The following individuals endorsed the services provided by Alvarez & Associates via the housing rehabilitation program: Michael Johnson, 2060 W. 17th Street, San Bernardino, CA. Evelyn Dixon, 1673 Arizona Street, San Bernardino, CA. Jaime Alvarez, Alvarez & Associates, 201 North "E" Street, San Bernardino, CA, commended the Mayor and Council for their efforts to reduce blight and stated how he wished his working association with the city would continue. A discussion was held concerning the improvements being made by Alvarez & Associates on the east side of Arizona Street. RES. 98-127 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN SECOND AMENDMENT TO THE THIRD YEAR ACTION PLAN COMPONENT OF THE 1995/1999 CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT FUNDED PROGRAMS. (R6B) RES. 98-128 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S SECOND AMENDMENT TO THE THIRD YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN. (R6C) Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee (CDCAC) recommendations for fiscal year 1997/98 for HOME Investment Partnership Act funded projects; and that said resolutions be adopted. The motion carried and Resolution Nos. 98-127 and 98-128 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member Miller. 17 5/18/1998 ADJOURN MEETING (29) At 2:51 p.m., the joint regular meeting adjourned to 9:00 a.m., Thursday, May 28, 1998, in the Radisson Hotel, 295 North "E" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By f--;;' ../-. ~ zanna Cordova eputy City Clerk No. of Items: 32 No. of Hours: 4.5 18 5/18/1998