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HomeMy WebLinkAbout09-08-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 8, 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 8:11 a.m., Tuesday, September 8, 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, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Arias, Devlin. City Attorney Penman announced a Stubblefield case number from E009749 to following two additional cases would be session: correction to the E020341 and that the discussed in closed Richard Rister, et al. vs. Ok Soo Kim, et al. - San Bernardino Superior Court Case No. SCV 30482; Uriel Varqas, et al. vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 36730. RECESS MEETING - CLOSED SESSION meeting - pages 8 & 27) At. 8:11 a.m., the Mayor and Development Commission recessed following: (Discussed later in the (1) Community for the Common Council and to closed session Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Edward Powe vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 36830; Lechon Chambers vs. Citv of San Bernardino United States District Court Case No. EDCV 96-284 RT (VAPx); 1 9/8/1998 Richard Jimenez vs. Citv of San Bernardino United St.ates District Court Case No. EDCV 97-0157 RT (VAPx); Kathleen Revnolds vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 33562; St.ate of California ex rel. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; St.ubblefield Construction Companv vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E020341; Robert La Chausse - Workers' Compensation Case No. SBR 279051 (Settlement Request); Ari Miller vs. Economic Development Aqencv of the Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 32971. 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 - pursuant to Government Code Section 54957. E. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 9th & Del Rosa Negotiating Parties: Tim Hefler, State General Services Administration; Ronald E. Winkler on behalf of the Economic Development Agency Under Negotiation: Price, terms of payment disposition & CLOSED SESSION At 8:11 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. 2 9/8/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Arias, Devlin. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy Cit.y Attorneys Coleman, Easland, Empeno, Murad, and Edna Anderson, Administ.rative Operations Supervisor, City Attorney's Office; and Special Counsel Christopher Lockwood of Lewis, D'Amato, Brisbois & Bisgaard LLP, 650 East Hospitality Lane, #600, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hart.zel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisit.ion Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL LOCKWOOD EXCUSED At 8:20 a.m., Deputy City Attorney Empeno and Special Counsel Lockwood left closed session. DIRECTOR OF HUMAN RESOURCES RAYA & SPECIAL COUNSEL JOE HOLCOMBE ARRIVED At 8:20 a.m., Director of Human Resources Raya and Special Counsel Holcombe of Bolson Kuntz & Serembe, 600 North Arrowhead Avenue, San Bernardino, CA, arrived at closed session. DIRECTOR OF HUMAN RESOURCES HOLCOMBE EXCUSED At 8:24 a.m., Director Counsel Holcombe left closed RAYA & SPECIAL COUNSEL of Human Resources Raya and Special session. COUNCIL MEMBER ESTRADA ARRIVED At 8:26 a.m., Council Member Estrada arrived at closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 8:29 a.m. I Deputy City Attorney Easland left closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:31 a.m. I Deputy City Attorney Coleman left closed session. 3 9/8/1998 DEPUTY CITY ATTORNEY MURAD EXCUSED At 8:39 a.m., Deputy City Attorney Murad left closed session. DEPUTY CITY ATTORNEY COLEMAN RETURNED At 8:42 a.m., Deputy City Attorney Coleman returned to closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:45 a.m., Senior Assistant City Attorney Simmons left closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS RETURNED At 8:48 a.m., Senior Assistant City Attorney Simmons returned t.o closed session. ADJOURN CLOSED SESSION At 9: 03 a. m., the closed session adj ourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:07 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, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Arias, Devlin. INVOCATION The invocation Associate Minister of was given by Reverend Kenneth Woodard, New Hope Missionary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Schnetz. APPOINTMENTS - HUMAN RELATIONS COMMISSION - COMMUNITY TELEVISION COMMISSION - COUNCIL MEMBER ANDERSON (2) Mayor Valles submitted staff reports dated August 31, 1998, recommending the appointments of Maxine Barnett to t.he Human Relations Commission and Stewart Cumming to the Community Television Commission, as requested by Council Member Anderson. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments of Maxine Barnett to the Human Relations Commission and Stewart Cumming to the Community Television Commission, as requested by Council Member Anderson, be approved. The appointees accept.ed their cert.ificates of appointment. 4 9/8/1998 PRESENTATION/RECOGNITION WINNERS LOCAL SOAP BOX DERBY (3) Teri Rubi , Executive Assistant to the Mayor, introduced Stewart Patterson and John James, Jr., winners of the Super Stock Division and Stock Division, respectively, of the San Bernardino Soap Box Derby, who went on to represent San Bernardino in Ohio. Stewart and John came forward and presented Mayor Valles with a token of appreciation in return. PRESENTATION - HISPANIC HERITAGE MONTH - ORGANIZERS OF "THE SALUTE TO THE ROUTE 66 EVENT" (3) In recognition of Hispanic Heritage Month, Mayor Valles presented resolutions of recognition to the following individuals for their work in organizing "The Salute to the Route 66 Event", which will take place at Nunez Park on Saturday, September 19: Danny Flores, Art Serrano, Louie Barrera, Angel Cabral, and Danny Rivas. Council Member Estrada thanked Danny Flores and the others for their hard work and stated that she want.ed the public to know that the "Salute to the Route" was part of the overall Route 66 event. She stated that there would be a car and bike show at Nunez Park, with a Poker Run from Court and "E" Streets to the park. PRESENTATION TO CITY $5,000 LONGVILLE - RESTORATION OF CLOCK RIALTO MAYOR JOHN (3) John Longville, Mayor of the City of Rialto, presented a check in the amount of $5,000 to Mayor Valles to be used in the restoration of the clock in downtown San Bernardino. Mayor Valles thanked Mr. Longville for his contribution and clarified for the public that it was a former City employee by the name of Bob Clark and not the Quakes Baseball Team who had made the $1,000 donation mentioned in the newspaper. She noted that a trust fund had been set up to not only repair the clock, but to keep it ticking as well, and many donations had been received from local citizens. Mr. Longville thanked the City of San Bernardino for the wonderful relationship between the two cities and noted that the money was coming from his campaign funds. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced the dedication of the new Mindy Flores playground at the 14th Street/Mt. Vernon Avenue park, to be held at 2:00 p.m. on September 26. The playground was constructed in memory of Mindy Flores, who was killed in a drive-by 5 9/8/1998 shooting while coloring in her living room. The new area will include a walkway made of red bricks, which citizens can purchase for $25 each and on which can be printed the name of a loved one who died or was killed by an act of violence. Mrs. Anderson thanked Westside Wally, Norm Johnson of Fourth Street Rock Crusher, and all the local residents who donated time and materials towards this project. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that she had recently met with Second Ward constituents regarding upcoming agenda items, and she had decided to make herself available in the Council Offices at 4: 00 p. m. on the Fridays prior to Council meetings for this purpose. ANNOUNCEMENTS - MAYOR VALLES (4) The Mayor noted that Council Member Devlin was in Ireland on vacation, and that Council Member Arias had a personal emergency, but. would try to be present in the afternoon. Mayor Valles stated that a member of her Business Advisory Council had suggested that a good time for sharing community comments with t.he citizens would be prior to the Council meeting, and she had several announcements, as follows: The Mayor extended heartfelt. sympathy to the family of former councilman and community leader Robert Henley, who recently passed away, and asked for a moment of silence in his memory. She stated that the Police Department had recently announced significant reductions in crime rates in San Bernardino since 1997, as follows: grand theft auto decreased by 36%, robberies decreased by 30%; violent crimes decreased by 21% and property crimes decreased by 17%. She announced that the Police Department had recently received a "Distressed Neighborhood Grant", which would add eight police officers for the next three years. Mayor Valles stated that over 200 calls had been received from citizens who had read the August 19 article in the Los Angeles Times entitled, "COMEBACK CITY - SAN BERNARDINO RENEWAL PLAN MAY OFFER LESSONS IN GROWTH" signaling a renewed interest in the rebirth of San Bernardino. She announced that the City of San Bernardino had won two coveted Helen Putnam Awards awarded by the League of California Cities. The first award was in the category of Community and Internet networks for the "Electronic Quote System Utilization", which is basically a paperless quote system. The City was the first agency in the State of California to award a bid on-line. The second award was in the category of Economic and Community 6 9/8/1998 Development, and the City won for its "Acquisition, Rehabilitation and Resale (ARR) Program, which provides affordable home ownership in San Bernardino. The Mayor commended John Murphy, Purchasing Manager, the Economic Development Agency, and the private contractors involved with the ARR Program for the outstanding work they are doing in their areas. Mayor Valles announced the names 0: those citizens serving on the Mayor's Business Advisory Council. She congratulated Debbie Cochrane of Inland Flowers and Hospitality for Better Business Association for organizing "Good Neighbor Day" and providing 6,000 free roses for distribution throughout the city and thanked the sponsors who made this event possible. The Mayor announced that the City's Refuse Division would be sponsoring a "Free Dump Day" on Saturday, September 19, between 8:00 and 11:00 a.m. at the Orange Show grounds at Mill Street and Arrowhead Avenue. Mayor Valles stated that Western Regional Little League Director Carl Magee was still waiting for a heart transplant, and asked the viewing audience to keep him in their prayers. She noted that two weeks ago Rosemary Allen, an employee in the City Clerk's Office and a native of Scotland, was one of 18,000 people to become citizens of the (Jnited States. Rosemary immediately registered to vote, and the Mayor reminded everyone that October 5 is the deadline to register to vote in the upcoming November election. The Mayor reminded everyone that San Bernardino's premier and award-winning event, the Route 66 Rendezvous, begins on Thursday, September 17 and continues through Sunday, September 20. She announced that. volunteers were still needed for the big event. She stated that plans oontinue revitalization of the Santa Fe Depot., volunteer to work on this project should Mayor's Office at. 384-5051. to and call formulate for the anyone wanting to Donna Cooley of the ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark wished her mother, Angie Mendoza, a happy 81st birthday, which she was celebrating today. 7 9/8/1998 CLOSED SESSION ANNOUNCEMENT (Discussed earlier & later in the meeting - pages 1 & 27) (1) City Attorney Penman announced that the following case was discussed in closed session: People of the St.ate of California vs. William H. Cooper - San Bernardino Superior Court Case No. SCV 49063. PUBLIC COMMENTS - PAM BAILEY-SHIMIZU (5) Pam Bailey-Shimizu, 25220 East 17~h Street, San Bernardino, CA, a candidate running in the Municipal Water District election, expressed concern that a project of the magnitude of the proposed lake in San Bernardino did not need voter approval. PUBLIC COMMENTS - JOHN HILLMAN (5) John Hillman, 3171 Windsor Drive, San Bernardino, CA, stated that San Bernardino needs t.o be pro-active against adult clubs and lend a hand to Highland in their fight against such establishments. PUBLIC COMMENTS - MIKE OLDEN (5) Mike Olden, 359 West 8th Street #F, San Bernardino, CA, commended Cassie MacDuff, a columnist with the San Bernardino County Sun, for her article on gadflies. He noted that a gadfly is a participating citizen--and participat.ion is an integral part of democracy. PUBLIC COMMENTS - JUNE STARSHINE (5) June Starshine, PO Box 204, Crestline, CA, announced the 2nd annual "Bridges of Love Poetry Festival" sponsored by the Chaparral Poets, to be held Saturday, October 17, 1998, from 1:00-5:00 p.m. at the Feldheym Library. Tickets cost $3.50 and can be obtained by calling (909) 338-3462. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, 985 West Kendall Drive #A357, San Bernardino, CA, stated he is a member of the Mt. Vernon Avenue Pride Association, which is working to help residents organize and to instill commitment and pride in their community. PUBLIC COMMENTS - DONNA CONANT (5) Donna Conant, 26245 E. Base Line #56, Highland, CA, a teacher at Cajon High School, commented on the activities of the Key Club, stating that they would be holding a fashion show on Saturday, September 12, at Court Street Square from 6:30-8:30 p.m., using clothing from the Goodwill Industries. 8 9/8/1998 PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, submitted into the record and read a letter dated September 8, 1998, wherein he requested a report "on the street rehabilitation projects performed since March 1998" including both slurry-seal and major rehabilitation projects. PUBLIC COMMENTS - RICHARD RICE (5) Richard Rice, 355 South Stoddard Avenue, San Bernardino, CA, suggested that the "lake project" and the multi-screen theater project both be reviewed by people with real expertise who would get real results. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Miller made a mot.ion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. COUNCIL MINUTES (7) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 20, 1998; August 3, 1998; August 11, 1998. CLAIMS & PAYROLL (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and t.he authorization to issue warrants as listed on the memorandum dated September 1, 1998, from Barbara Pachon, Director of Finance, be approved. RES. 98-250 CALIFORNIA, PROPOSITION - RESOLUTION OF THE CITY OPPOSING THE 1998 (PROPOSITION 9) . OF SAN BERNARDINO, ELECTRIC UTILITY (10) Council Member Miller made a mot.ion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-250 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. 9 9/8/1998 RES. 98-251 - 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) (12) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively Lemove any properties from Exhibit A which have been paid. The motion carried, and Resolution No. 98-251 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. RES. 98-252 - 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. (Weed Abatements) (13) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Ayes: Nays: Resolution No. 98-252 was adopted by the following vote: Council Members Estrada, Lien, Schnetz, Anderson, Miller. None. Absent: Council Members Arias, Devlin. RES. 98-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES PRICE OF $1,350.00 AND DECLARING THE INTENTION OF THE CITY TO SELL A PORTION OF PROPERTY LOCATED AT 1350 SOUTH HE" STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (14) Council Member Miller made a motion, seconded by Council Member Anderson, that the Director of Development Services and the City Clerk be authorized to proceed with the sale of a portion of City-owned property located at 1350 South "E" St.reet to the San Bernardino Valley Water District; and that said resolution be adopted. The motion carried, and Resolutior: No. 98-253 the following vote: Ayes: Council Members Estrada, Anderson, Miller. Nays: None. Absent: Council Devlin. was adopted by Lien, Schnetz, Members Arias, 10 9/8/1998 RES. 98-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MORTON INTERNATIONAL FOR THE FURNISHING AND DELIVERY OF TRAFFIC PAINT AND SUPPLIES. (15) council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-254 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. PERSONNEL ACTIONS (9) The Council discussed the selection process and the budgetary plan to leave positions vacant for an extended period of time in order to realize savings from the vacancy factor. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated September 2, 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. ORD. MC-1027 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING PORTIONS OF TITLES 2, 3, 5, 8, 9, 10, 12, 13, 15 AND 16 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE CONSOLIDATION OF THE PERSONNEL DEPARTMENT AND RISK MANAGEMENT, AND THE DEPARTMENTS OF PLANNING AND BUILDING SERVICES AND PUBLIC WORKS, AND REPEALING SECTION 9.90.010(C). Final (11) Council Member Estrada requested an organization chart of the new Development Services Department. City Administrator Wilson stated that one would be included in the new budget document coming out in the near future. Council Member Estrada made a motion, seconded by Council Member Schnetz, t.hat said ordinance be adopted. Ordinance No. MC-I027 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. RES. 98-255 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S"). (16) 11 9/8/1998 council Member Estrada made a mo:::ion, seconded by Council Member Anderson, that said resolution be adopted. Resolut.ion No. 98-255 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FIRE DEPARTMENT TO PROVIDE A CONSOLIDATION POINT FOR SHARPS COLLECTION AND PERFORM HOME PICK UP SERVICES OF SHARPS. (17) Note: Backup material was not distributed and will not be available for reference. City Administrator Wilson stated t.hat the agreement had not been finalized and requested that this item be continued for two weeks. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carl"ied, that the matter be continued to the Mayor and Council meeting of September 21, 1998, in the Council Chambers of City Hall. AUTHORIZE ESTABLISHMENT - FOOD SERVICE DELIVERY PERSON POSITION - PARKS, RECREATION & COMMUNITY SERVICES (18) Edward Raya, Director of Human Resources, submitted a staff report dated August 18, 1998, regarding the establishment of a Food Service Delivery Person classification. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that two (2) positions of Food Service Delivery Person be established at the beginning hourly rate of $6 .11/hour; and that the Human Resources Department be directed to update Resolution 6413, Section 13, to reflect this particular action. AUTHORIZE SALARY ADJUSTMENT ANIMAL LICENSE POSITION - ANIMAL CONTROL DEPARTMENT CHECKER (19) Edward Raya, Director of Human Resources, report dated August 18, 1998, regarding a salary position of Animal License Checker. submitted a staff adjustment for the Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the hourly rate for the position of Animal License Checker be upgraded from $6.00/hour to $7.50/hour; and that the Human Resources Department be authorized to amend Resolution 6413, Section 13, to reflect this particular action. 12 9/8/1998 RECESS MEETING At 10:34 a.m., Mayor Valles declared a ten-minute recess. RECONVENE MEETING At 10:47 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, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, Ci ty Administrator Wilson. Absent: Council Members Arias, Devlin. PUBLIC HEARING - CREATE UNDERGROUND UTILITY DISTRICT NO. 26 - MILL STREET, BETWEEN LENA ROAD & TIPPECANOE AVENUE - LENA ROAD BETWEEN MILL STREET & TENNIS COURT LANE TIPPECANOE AVENUE BETWEEN CENTRAL AVENUE AND BENEDICT ROAD (20) Michael Hays, Director of Development Services, submitted a staff report dated August 11, 1998, regarding the creation of Underground Utility District No. 26. Mayor Valles opened the hearing. Director Hays explained that Edison money would be used to underground the utilities and property owners would be required to complete the undergrounding from their property lines to the service points at their own cost. No City funds would be required. No public comments were received, and Director Hays stated that he had not heard from any of the property owners affected by the creation of said utility district. Council Member Schnetz stat.ed that he would abstain from voting on the matter because he had an interest in one of the pieces of property. RES. 98-256 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 26, GENERALLY LOCATED ALONG PORTIONS OF MILL STREET, BETWEEN LENA ROAD AND TIPPECANOE AVENUE, LENA ROAD BETWEEN MILL STREET AND TENNIS COURT LANE AND TIPPECANOE AVENUE BETWEEN CENTRAL AVENUE AND BENEDICT ROAD. (20) Council Member Anderson made a motion, seconded by Council Member Miller, that the hearing relative to the formation of Underground Utilit.y District No. 26 be closed, and protests, if any, be overruled; and that said resolution be adopted. 13 9/8/1998 The motion carried, and Resolution No. 98-256 was adopted by the following vote: Ayes: Council Members Estrada Lien , ' , Anderson, Mlller. Nays: None. Abstain: Council Member Schnetz. Absent: Council Members Arias, Devlin. PUBLIC HEARING - PROPOSED INCREASES - CEMETERY FEES - PARKS, RECREATION & COMMUNITY SERVICES (21) Annie Ramos, Director of Parks, Services, submitted a staff report dated the proposed cemetery fee increases. Recreation and Community August 20, 1998, regarding Mayor Valles opened the hearing. Director Ramos not.ed that the cemetery incurs a $30,000 deficit per year. She stated that the City had considered selling the cemetery, but this did not happen; therefore, staff had been instructed to look at cost-saving options. No public comments were received. CITY ATTORNEY PENMAN EXCUSED At 10:51 a.m., City Attorney Penman left the meeting and was replaced by Senior Assistant City Attorney Carlyle. RES. 98-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.1 TO RESOLUTION 98-193, RELATING TO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE CITY OF SAN BERNARDINO, TO ADD PART VII: PIONEER MEMORIAL CEMETERY AND TO REPEAL RESOLUTION NO. 95-381 AND ALL SUBSEQUENT AMENDMENTS THERETO. (21) Council Member Miller Member Anderson, that the resolution be adopted. made a mot.ion, seconded hearing be closed; and by Council that said The motion carried, and Resolution No. 98-257 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Absent: Council Members Arias, Devlin. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10: 54 a. m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.30.140 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE METHODS OF ENFORCEMENT. First (22) 14 9/8/1998 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENFORCEMENT-PENALTY. First (23) City Attorney Penman stated that Judge Kennedy had agreed to est.ablish an environmental court which would allow the City to recover the administrative costs and fees associated with the enforcement of Sections 8.30.140 and 15.24.060 of the San Bernardino Municipal Code. Council Member Miller made Member Anderson, and unanimously laid over for final adoption. a motion, seconded by Council carried, that said ordinances be AN ORDINANCE OF THE CITY OF SECTION 2.40.050 OF THE SAN RELATING TO POWERS OF MAYOR. SAN BERNARDINO AMENDING BERNARDINO MUNICIPAL CODE First (24) City Attorney Penman provided background information regarding said ordinance. Council Member Miller made Member Estrada, and unanimously laid over for final adoption. a mot:ion, seconded by Council carried, that said ordinance be AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL CITRUS FAIR. First (25) City Attorney Penman explained that the Attorney General had issued an opinion that cities which receive allocations from a racing association cannot. charge for their services; therefore, the City's current ordinance was in conflict. with said opinion. He noted that the City can continue perfo~ming the tasks, but a fee cannot be charged. Council Member Miller made Member Anderson, and unanimously laid over for final adoption. a motion, seconded by Council carried, that said ordinance be CITY ATTORNEY PENMAN EXCUSED At 11:05 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. CITY ADMINISTRATOR WILSON EXCUSED At 11:05 a.m., City Administrator Wilson left the Council meeting and was replaced by Development Services Director Hays. APPEAL HEARING DEVELOPMENT PERMIT II NO. PROPOSAL TO MODIFY & REUSE AUTO EXPO BUILDING - NO. 98-04 SETBACKS & SIGNAGE 195 E. BOULEVARD - JAY GOLISON, GOLISON DEVELOPMENT 15 98-05 VARIANCE REDLANDS (35) 9/8/1998 Michael Hays, Director of Development Services, submitted a staff report dated August 20, 1998, regarding a proposal to modify and reuse the Auto Expo building located at 195 East Redlands Boulevard. Mayor Valles opened the hearing. Director Hays stated that the project consisted of a proposal to take an existing building, eliminate 21,700 square feet from the front portion to construct a parking lot, and remodel the remaining 38,300 square feet for use as a Staples store and another tenant space. Mr. Hays added that two appeals had been filed- -one by the applicant and one by an adjoining property owner. The applicant was appealing the Planning Commission's denial of his sign variance requests; and Mr. Mark Vapnik of SHACO, Inc., property manager for the Club Center located south of the project site, was appealing the Planning Commission's approval of the project because it does not. conform to the master plan proposed for the area. (Mr. Hays noted that said master plan had never been approved by the previous mayor or council.) Mr. Hays stated that staff was recommending that both appeals be denied and that the approvals granted by the Planning Commission be upheld. Deputy City Attorney Empeno informed the Council that in order to approve the sign variances they would have to find that there were special circumstances unique to t.his property, and it was staff's belief that there were no such findings that could be made. He added that approval of the variances would be equivalent to a use variance, which is not permitted by the City's code. Jay Golison, Golison Development, 5500 Bolsa Avenue, Huntington Beach, CA, pointed out that the Auto Expo building has been vacant for five years and large retailers have begun to pull out of the area. He stated that this is the only piece of property along Redlands Boulevard that faces south instead of north; and added that as far as the signs were concerned, any retailer would ask for larger signs. Larry Quiel, Quiel Bros Sign Company, 272 South "I" Street, San Bernardino, CA, stated that his company had conducted a "flag test" to determine the height of the sign needed to allow this business to be able to operate like other businesses. Mark Vapnik, SHACO, Inc., 333 South Grand Avenue, Los Angeles, CA, stat.ed that signs as large as those requested by the applicant would have an adverse affect on surrounding properties and businesses. Mr. Vapnik submitted a letter dated July 17, 1998, from william S. Anderson, Vice President/General Counsel, Topa 16 9/8/1998 Equities, Ltd., expressing disappointment that as a surrounding property owner, no effort was made by Mr. Golison to "alert us to the Planning Commission meeting affecting our property." Paul Brown, Quiel Bros Sign Company, spoke regarding the sign sizes in the area and in support of the project. Frederick Aladjem, 845 Las Palmas Road, Pasadena, CA, owner of the adj acent Camping World property, submitted a letter dated August 31, 1998, and spoke in support of the project, including the larger signs requested by the applicant. Discussion ensued regarding what constitutes being in a Freeway Corridor Overlay District and the signage requirements imposed by the City's Development Code. The Council inquired as to what action would be required in order to change or modify the existing code and allow the sign variances requested by the applicant. City Attorney Penman, speaking from the podium, informed the Council that they could not exceed their own authority, and that the City's code is very tight relative to signs. He stated that any action the Council might take to approve the sign variance at this time would be inviting lawsuits for unequal application of the law; and that an emergency ordinance must be based on a health or safety danger or threat. Michael Hays, Director of Development Services, stated that it could take several months to enact a change to the code. He noted that various studies would need to be conducted since these changes would affect the entire city and not just this particular piece of property. Also, a public hearing would be required. Council Member Anderson made a motion that the matter be referred to the Legislative Review Committee and continued to a later date. The motion failed for lack of a second. Council Member Schnetz made a motion, seconded by Council Member Lien, that the hearing be closed; that the Mayor and Common Council deny the two appeals; and uphold the Planning Commission's decision to approve Development Permit II No. 98-05 and Variance No. 98-04 and to deny the variance requests to increase sign area and height, based on the findings of fact, subject to the conditions of approval and standard requirements as listed in the staff report dated August 20, 1998, from Michael E. Hays, Director of Development Services, except that the variance relative to the east elevation wall sign on the side of the building be approved; and that staff be directed to develop an ordinance which would change the signage requirements contained in the current Development Code. (Note: There was no vote taken.) 17 9/8/1998 City Attorney Penman stated that said action could not be done; that it would be a violation of the law. Mr. Golison was agreeable to a suggestion made by the Council wherein they would approve staff's recommended motion, which would allow him to proceed with the development of the building; and in the meantime, staff would investigate what could be done relative to signage and resolve that issue at a later date. Council Member Estrada made a substitute motion, seconded by Council Member Schnetz, and unanimously carried, that the hearing be closed; that the Mayor and Common Council deny the two appeals; uphold the Planning Commission's decision to approve Development Permit II No. 98-05 and Variance No. 98-04; and deny the variance requests to increase sign area and height based on the findings of fact, subject to the conditions of approval and standard requirements as listed in the staff report dated August 20, 1998, from Michael E. Hays, Director of Development Services. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the signage ordinance be referred to the Legislative Review Committee, the Planning Commission, the City Attorney's Office, and to all persons directly involved; with a report to come back to the Mayor and Common Council in 45 days. RECESS MEETING At 12:20 p.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 05 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, Arias, Schnetz, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Director of Development Services Hays. Absent: Council Member Devlin. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 98-03 CONDITIONAL USE PERMIT NO. 98-14 - CHANGE GENERAL PLAN DESIGNATION TO PCR, PUBLIC COMMERCIAL RECREATION, & CGl, COMMERCIAL CONSTRUCT GOLF COURSE, DRIVING RANGE, COMMERCIAL FACILITIES - NORTH & SOUTH OF PATTON STATE HOSPITAL - SOUTH OF HIGHLAND AVENUE (36) 18 9/8/1998 Michael Hays, Director of Development Services, submitted a staff report dated August 21, 1998, regarding General Plan Amendment No. 98-03 and conditional Use Permit No. 98-14 for the construction of a golf course, driving range, and commercial facilities north and south of Patton State Hospital. Valerie Ross, Principal Planner, submitted a memorandum dated August 26, 1998, addressed to the Mayor and Common Council relative to "Patton Station" General Plan Amendment No. 98-03 and Conditional Use Permit No. 98-14. Mayor Valles opened the hearing. Director Hays provided an overview of the proposed project, stating that it would include a golf course located on 73 acres north of Patton State Hospital and a hotel/commercial/retail center located on 38 acres south of Patton State Hospital and south of Highland Avenue. He added that the applicant would be providing $420,000 of traffic mitigation measures. Debra Meier, Lilburn Corp., 1905 Business Center Drive, San Bernardino, CA, representing the applicant, stated that all previous facilities on the south side :lad been demolished earlier this year. She noted that the only vehlcular traffic to the north would be that of maintenance personnel, with significant off site improvements to the southern location. Ms. Meier noted that there were three site-specific issues of concern--the setbacks and protective netting alignment along the west side of Central Avenue adjacent to the driving range (south site), the treatment of the existing drainage easement and channel along the north property boundary (north site), and improvements to the proposed cemetery--which were being addressed by the developer. william Ullman, California Golf Holdings, PO Box 458, Patton, CA, answered questions regarding the proposed project. Council Member Schnetz commended staff for their quick turn- around of this project. He stated that it solves numerous problems in the neighborhood such as security, drainage, and blight; and that he wholeheartedly endorses the project. No comments were received from the public. RES. 98-258 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (36) 19 9/8/1998 RES. 98-259 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT FOR PATTON STATION, A GOLF COURSE AND RECREATION/COMMERCIAL DEVELOPMENT (CUP 98-14), PURSUANT TO THE CONGESTION MANAGEMENT PROGRAM. (36) Council Member Schnetz made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Compliance Program, adopt the resolution which approves General Plan Amendment No. 98-03, adopt the resolution which certifies the Traffic Impact Analysis, and approve Conditional Use Permit No. 98-14 based on the findings of fact and subject to the conditions of approval and standard requirements as outlined in the staff report dated August 21, 1998, from Michael E. Hays, Director of Development Services. The motion carried, and Resolution Nos. 98-258 and 98-259 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. AUTHORIZE STAFF TO OPTION TO PURCHASE STREET - NORTH OF HOLDINGS PROCEED - PREPARE GROUND LEASE WITH PROPERTY - HIGHLAND AVENUE & ORANGE NORTHWEST CORNER CALIFORNIA GOLF (37) Michael Hays, Director of Development Services, submitted a staff report dated August 18, 1998, regarding authorization for staff to proceed with the preparation of a ground lease with option to purchase property with California Golf Holdings for City property located behind the fire station at the northwest corner of Highland Avenue and Orange Street. Deputy City Attorney Empeno informed the terms of the lease would be brought back to approval along with the necessary resolution. Council that the the Council for Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Director of Development Services be authorized to proceed with negotiations with California Golf Holdings for a 30-year ground lease with the option to purchase property located north of the northwest corner of Highland Avenue and Orange Street. DEVELOPMENT SERVICES DIRECTOR HAYS EXCUSED At 2 :28 p.m., Development Services Director Hays left the Council meeting and was replaced by Economic Development Agency Executive Director Van Osdel. 20 9/8/1998 DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:30 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle and Special Counsel Sabo. 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: 30 p. m., Chairwoman Valles called the j oint 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 - SALE OF PROPERTY - NORTHWEST CORNER - WATERMAN AVENUE & BARTON ROAD - TO JMS WATERMAN, LLC (R38) Ronald Winkler, Development Director, Economic Development Agency, submitted a staff report dated August 24, 1998, regarding the sale of Agency owned property at the northwest corner of Waterman Avenue and Barton Road to JMS Waterman, LLC. Mayor Valles opened the hearing. Executive Director Van Osdel stated that the sale price of $765,000 was consistent with market value. No public comments were received. RES. 98-260 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. (R38) RES. 5553 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. (R38) Council Member Anderson made a motion, seconded by Council Member Arias, that the hearing be closed; and that said resolutions be adopted. 21 9/8/1998 The motion carried, and Resolution Nos. 98-260 and 5553 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. PUBLIC HEARING - SALE OF PROPERTY - EAST SIDE OF HALLMARK PARKWAY - DISPOSITION & DEVELOPMENT AGREEMENT - CHARLES DE COSTA & LOUISE BASHFORD (R39) Development Director Winkler submltted a staff report dated August 11, 1998, regarding the sale of Agency-owned property located on the east side of Hallmark Parkway for $141,500. Mayor Valles opened the hearing. Mr. Winkler explained the offer the Agency had received to purchase and develop said property. Discussion ensued regarding the original cost of the property, its current appraised value, and the buyer's agreement to extend the existing sewer line. Rick Lazar, representing the developer, stated that it was their belief that the project would be a big asset to the area. No public comments were received. RES. 98-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CHARLES DE COSTA AND LOUISE BASHFORD. (R39) RES. 5554 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CHARLES DE COSTA AND LOUISE BASHFORD. (R39) Council Member Schnetz Member Anderson, that the resolutions be adopted. made a motion, seconded by Council hearing be closed; and that said The motion carried, and Resolution Nos. 98-261 and 5554 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson, Mille,". Nays: None. Absent: Council Member Devlin. 22 9/8/1998 CONSOLIDATED PLAN RELATED ITEM AWARD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE FUNDS - $45,000 - PROVISIONAL ACCELERATED LEARNING (PAL) CENTER - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R40) Ronald Winkler, Development Director, submitted a staff report dated August 26, 1998, regarding approval of an award of $45,000 in Communi ty Development Block Grant administrative funds for PAL Center land acquisition. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the Community Development Commission: 1) Approve the award of $45,000 in Community Development Block Grant administrative funds for Provisional Accelerated Learning (PAL) Center land acquisition; 2) Direct staff to prepare an amendment to the City's contract with the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant \CDBG) funds to provide for PAL Center land acquisition; and 3) Authorize the preparation and execution of a standard agreement with the PAL Center. AUTHORIZE INCREASE LOAN GUARANTEE ALVAREZ AND ASSOCIATES - ACQUISITION, REHABILITATION & RESALE (ARR) PROGRAM - FROM $750,000 TO $1,500,000 - JAIME ALVAREZ (R41) Development Director Winkler submitted a staff report dated August 26, 1998, requesting approval to increase the loan guarantee provided to Alvarez and Associates under its Acquisition, Rehabilitation and Resale (ARR) Program. Mr. Alvarez submitted a detailed those individuals Alvarez and Associates. memo dated September 2, 1998, which buying the homes rehabilitated by Gary Van Osdel, Executive Director of the Economic Development Agency, stated that the ARR Program is one of the most successful programs the Agency administers. The following individuals spoke Associates and their Acquisition, Program: in support of Alvarez and Rehabilitation and Resale Charles Jones, 1764 North Turrill, San Bernardino, CA. Ron Reed, 2864 West Etiwanda, San Bernardino, CA. Council Member Arias made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission increase the loan guarantee provided to Alvarez and Associates under its Acquisition, Rehabilitation and Resale (ARR) contract from $750,000 to $1,500,000. 23 9/8/1998 APPROVE - REQUEST FOR QUALIFICATIONS (RFQ) - ACQUISITION, REHABILITATION & RESALE (ARR) PROGRAM AUTHORIZE EXTENSION OF EXISTING ARR AGREEMENTS UNTIL COMPLETION OF RFQ PROCESS (R42) Ronald Winkler, Development Director, submitted a staff report dated August 26, 1998, requesting approval of a Request for Qualifications (RFQ) for the Acquisition, Rehabilitation and Resale (ARR) Program and authorization to extend the existing ARR agreements with the five contractors currently participating in the program until the RFQ process is complete. Council Member Arias made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission approve the Request for Qualifications (RFQ) attached to the staff report dated August 26, 1998, from Development Director Winkler and authorize extension of the existing Acquisition, Rehabilitation and Resale agreements with the current five contractors until completion of the RFC process. RES. 98-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND SUBMISSION OF AN APPLICATION FOR URBAN FEDERAL EMPOWERMENT ZONE DESIGNATION AND OF A NOMINATING LOCAL GOVERNMENT (S) RESPONSIBILITIES AGREEMENT. (R43) Executive Director Van Osdel eXplained that Congress would be awarding another 15 Urban Empowerment Zone Grants, and it was staff's belief that San Bernardino had a good chance of being selected. If selected, the City would stand to receive $10 million per year for ten years, which would overcome many local problems such as housing, jobs, drug abuse, etc. Sue Morales, Assistant to the Executive Director, Economic Development Agency, answered questions regarding how the money would be allocated throughout the city. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-262 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. (Note: Council Member Arias registered a "no" vote, but subsequently requested the City Clerk to change her vote to a "yes.") SENIOR ASSISTANT 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. 24 9/8/1998 DISCUSSION & POSSIBLE ACTION MDA-SAN BERNARDINO ASSOCIATES CINEMA STAR MULTI - PLEX THEATER SUBORDINATION & INTERCREDITOR AGREEMENT - GMAC-MORTGAGE, BORROWER & AGENCY (Referenced later in the meeting - page 29) (R44) Staff submitted a letter dated August 20, 1998, addressed to the United States Department of Housing and Urban Development from Sabo & Green, special counsel for the Economic Development Agency. City Attorney Penman stated that although a fax had been received from MDA and Associates, there had been no communication from GMAC. He stated that both he and Special Counsel Sabo felt that the language was somewhat vague and were concerned that the Subordination Agreement contained a "stand-still" provision, which requires the City to get permission from the lender (GMAC) before it can exercise certain rights and remedies. He stated that there was also language stating that before the City could foreclose or sell under second deed of trust, it would have to get GMAC's permission. Mr. Penman noted that there was other troubling language which stated that GMAC can change any of the terms or provisions of the loan documents, change the rate of interest, etc. He added that the City Attorney's Office was not going to sign off on the Subordination Agreement with the "stand-still" language included, and that his staff needed to meet with GMAC regarding these matters. He noted that Rex Swanson of Metropolitan Development had indicated that GMAC was willing to remove the "stand-still" language. Discussion ensued regarding the legal documents and a timeline for development of the project. Some of the Council Members questioned why it was taking so long for the project to get started. Others noted that they, too, had reservations regarding certain components of the proposed project; and in particular, the contents of the Subordination and Intercreditor Agreement. The Council inquired about their legal standing if they chose not to continue with the project. Rex Swanson, Metropolitan Development, stated that they had received a clear title report on August 18, adding that time was of the essence in getting this development started. Discussion continued regarding continuation of the matter until a new Subordination Agreement could be received from GMAC. It was the consensus of the Council that nothing should be done until the new agreement had been received and reviewed by the City Attorney's Office and the Council Members. (Note: Later in the meeting the matter was included with other agenda items continued to Monday, September 14, 1998, in the Council Chambers of City Hall. ) 25 9/8/1998 and CITY ATTORNEY PENMAN EXCUSED At 3:34 p.m., City Attorney Penman left the Council meeting was replaced by Senior Assistant City Attorney Carlyle. RES. 5555 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS AND COUNTERSIGNERS FOR CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY/ECONOMIC DEVELOPMENT AGENCY CHECKS, VOUCHERS AND WIRE TRANSFERS, AND REPEALING RESOLUTION NO. 5541. (RS3) RES. 5556 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPOINTMENT OF GARY VAN OSDEL AS SECRETARY OF THE COMMISSION AND ANN HARRIS AS ASSISTANT SECRETARY OF THE COMMISSION; AND REPEALING RESOLUTION NO. 5542. (RS4) Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolutions be adopted. Resolution Nos. 5555 and 5556 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & SPECIAL COUNSEL SABO EXCUSED At 3:34 p.m., Senior Assistant City Attorney Carlyle and Special Counsel Sabo left the Council meeting and were replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL EXCUSED At 3:34 p.m., Economic Development Agency Executive Director Van Osdel left the meeting and was replaced by City Administrator Wilson. RES. 98-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM THE MARKS PARTNERS, L. P., TO AMERICAN CABLE ENTERTAINMENT COMPANY, L.L.C. (S2) Frank Keller, Cable Television Manager, submitted a staff report dated September 3, 1998, regarding the transfer of the cable television franchise from Marks Partners, L.P., to American Cable Entertainment Company, L.L.C. Mr. Keller stated that American Cable Entertainment Company had met with the Community Television Commission and that they had sumitted letters of compliance and provided proof of financial responsibility by a certified public accountant. 26 9/8/1998 Bruce Armstrong, President of American Cable Entertainment, answered questions regarding his company and the services to be offered. He stated that every effort would be made to keep costs to consumers to a minumum. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 98-263 was adopted by the following vote: Members Estrada, Lien, Arias, Schnetz, Anderson, None. Absent: Council Member Devlin. RECESS MEETING - CLOSED SESSION the meeting - pages 1 & 8) At 3 :45 p.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed earlier in (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Edward Powe vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 36830; Lechon Chambers vs. City of San Bernardino United States District Court Case No. EDCV 96-284 RT (VAPx); Richard Jimenez vs. City of San Bernardino United States District Court Case No. EDCV 97-0157 RT (VAPx); Kathleen Reynolds vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33562; State of California ex rel. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Stubblefield Bernardino - E020341; Construction Comoanv vs. City of San Fourth District Court of Appeals Case No. Robert La Chausse - Workers' Compensation Case No. SBR 279051 (Settlement Request); Ari Miller vs. Economic Develooment Aqency of the City of San Bernardino - San Bernardino Superior Court Case No. SCV 32971. 27 9/8/1998 Richard Rister. et al. vs. Ok Soo Kim. et al. San Bernardino Superior Court Case No. SCV 30482. Uriel Varqas. et al. vs. City of San Bernardino. et al. - San Bernardino Superior Court: Case No. SCV 36730; Peoole of the State of California vs. william H. Coooer - San Bernardino Superior court Case No. SCV 49063. 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 - pursuant to Government Code Section 54957. E. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 9th & Del Rosa Negotiating Parties: Tim Hefler, State General Services Administration; Ronald E. Winkler on behalf of the Economic Development Agency Under Negotiation: Price, terms of payment disposition & CLOSED SESSION At 3:48 p.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 Estrada, Lien, Arias, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Devlin. Also present: Senior Assistant City Attorney Carlyle, City Attorney's Office; and Special Counsel Sabo, Executive Director Van Osdel, Development Director Winkler, Economic Development Agency. COUNCIL MEMBER ANDERSON EXCUSED At 4:06 p.m., Council Member Anderson left the closed session. 28 9/8/1998 ADJOURN CLOSED SESSION At 4:23 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 4: 23 p. 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Members Devlin, Anderson. ENDORSE PLAN - ESTABLISH PASSPORT ACCEPTANCE FACILITY - CITY CLERK'S OFFICE (26) Rachel Clark, City Clerk, submitted a staff report dated August 18, 1998, regarding the establishment of a passport acceptance facility to be established in the City Clerk's Office. City Clerk Clark explained the passport application process, the proposed start date and hours of operation, services to be provided, start-up costs, fees to be charged, and anticipated revenue to the City. Council Member Miller made a motion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common Council endorse the City Clerk's plan to establish a passport acceptance facility in the City Clerk's Office and support the City Clerk's submittal of a letter to the Department of State, Los Angeles Passport Agency, requesting that the City Clerk's Office be designated as a passport acceptance facility; and that the Director of Finance be authorized to increase the City Clerk's expenditure budget by $2,500 to reflect anticipated start-up costs as outlined in the staff report dated August 18, 1998, from City Clerk Rachel G. Clark; and increase budgeted general fund revenues by $18,200 to reflect estimated revenue to be received from the passport program. RES. 98-264 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THERECF AS THROUGH HIGHWAYS . ;" AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP SIGN AT THE INTERSECTION OF PEPPER AVENUE AND RANDALL AVENUE. (29) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. 29 9/8/1998 Resolution No. 98-264 was adopted by the following vote: Ayes: Council Members Estrada, Lien. Arias, Schnetz, Miller. Nays: None. Absent: Council Members Devlin, Anderson. Due to the imminent loss of a quorum, it was the consensus of the Council that the remaining agenda items listed below, as well as Agenda Item Nos. 1 and R44, be continued to 9:00 a.m., Monday, September 14, 1998, in the Council Chambers of City Hall. DESIGNATION OF VOTING REPRESENTATIVE AND ALTERNATE VOTING REPRESENTATIVE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD OCTOBER 2-4, 1998, IN LONG BEACH, CALIFORNIA (27) ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON DEL ROSA AVENUE BETWEEN MARSHALL BOULEVARD AND THIRTY-NINTH STREET. First (28) AUTHORIZE ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT RANGES P-4, P-5, P-6 & P-7, EFFECTIVE AUGUST 1, 1998, TO ADJUST FOR SECTION 186 SALARY INCREASES (30) AUTHORIZE ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT RANGES P-1, P-2, P-3 & LAW ENFORCEMENT TRAINEE, EFFECTIVE AUGUST 1, 1998, TO ADJUST FOR SECTION 186 SALARY INCREASES (31) AUTHORIZE ESTABLISHMENT OF SALARIES RANGES P-5, P-6 & P-7, FIRE MARSHAL EFFECTIVE AUGUST 1, 1998 FOR FIRE DEPARTMENT & TRAINING OFFICER, (32) APPROVE APPOINTMENTS OF MEMBERS AND ALTERNATES TO THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY COMMISSION (33 ) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO TOTER, INCORPORATED, FOR PURCHASE OF ADDITIONAL AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES. (34) AUTHORIZE ESTABLISHMENT OF FIRE DEPARTMENT RANGES P-1, P- 2, P-3 & P-4, EFFECTIVE AUGUST 1, 1998 (Sl) 30 9/8/1998 ADJOURNMENT (45) At 4: 30 p. m., the j oint regular meet ing of the Mayor and Common Council and Community Deyelopment Commission adjourned to 9:00 a.m., Monday, September 14, 1998, in the Council Chambers of City Hall. By RACHEL G. CLARK City Clerk ~Ha~~J Deputy City Clerk No. of Items: 49 No. of Hours: 7 hours 31 9/8/1998