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HomeMy WebLinkAbout11-02-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 2, 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., Monday, November 2, 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 Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, Ci ty Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. City Attorney Penman announced that the following matter would be discussed in closed session under Government Code Section 54957: Discussion with the Chief of Police or his deputy regarding matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities. RECESS MEETING - CLOSED SESSION meeting - page 5) At 8:11 a.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed later in the (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): State of California ex rel. Stull vs. Bank of America - San Francisco Superior Court Case No. 968-484; Kathleen Reynolds vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33562. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 11/2/1998 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. 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. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Councll Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, Ci ty Administrator Wilson. Absent: Council Member Miller. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; and Lieutenant Steve Jarvis of the San Bernardino Police Department. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:14 a.m., Council Member Miller arrived at closed session. DEPUTY CITY ATTORNEY COLEMAN ARRIVED At 8:20 a.m., Deputy City Attorney Coleman arrived at closed session. LIEUTENANT JARVIS EXCUSED At 8:30 a.m., Police Lieutenant Jarvis left closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:31 a.m., Deputy City Attorney Coleman left closed session. ADJOURN CLOSED SESSION At 8:39 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. "- 2 11/2/1998 RECONVENE MEETING At 9:03 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; Counci 1 Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. INVOCATION The invocation was given by Reverend patricio Guillen of Libreria del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENTS (2) No appointments were made at this meeting. COMMENDATION - DR. OWEN MURPHY - SERVICE ON COMMUNITY TELEVISION COMMISSION (3) Council Member Devlin presented a plaque to Dr. Owen Murphy in recognition of his service as the Fifth Ward representative on the Community Television Commission. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien expressed satisfaction with the success of the clean-up day held at Lincoln School in the Second Ward and the participation of the Department of Motor Vehicles "Neighborhood Association. 11 ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that several of his constituents had requested that he thank the firefighters who recently helped to save their homes from local fires. He also noted that he had attended the opening of the Visitor's Center at the Arrowhead Springs Hotel and encouraged residents to visit the hotel to tour the grounds and try the Sunday brunch. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that "E" Street was still being revamped near Little Mountain Drive and that it would be another four or five weeks before the project reached completion. 3 11/2/1998 ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson enthusiastically reported about going to St. Paul's Church for a Dignity Rally Day where Congresswoman Maxine Waters urged people to exercise their power and get out and vote. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that she had attended the Newmark Superfund site dedication of a $27 million project to clean up the water in the city. She stated that 17 wells that were shut down 10 years ago are now pumping water again. ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles commented on or made announcements regarding the following items: Requested a moment of silence in memory of Monsignor John Bradley, who served as pastor of St. Bernardine's Church for 32 years and passed away last week; Thanked Council Member Lien and Carolyn Griffin and James Tate of the Department of Motor Vehicles for their leadership in cleaning up the Second Ward; Stated that she had attended a Special Transportation Symposium sponsored by the United States Conference of Mayors; Announced that City personnel had attended the Station Revitalization Seminar in Washington D.C., which was organized by the Great American Station Foundation to provide assistance to cities restoring their historic train stations; Congratulated the management and employees of Costco on the occasion of the grand opening of their newest store in San Bernardino; Congratulated Jeri Simpson and her staff, who played a role in organizing the highly successful Red Ribbon Week activities; Reminded everyone that Election Day was the following day and urged everyone to exercise their right to vote; and Reminded everyone to come to City Hall at 8:00 a.m. on Saturday, November 14, to take part in a city-wide cleanup rally. 4 11/2/1998 ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark encouraged everyone information relative to polling hours and voter information. to vote and provided telephone numbers for CLOSED SESSION ANNOUNCEMENT meeting - page 1) (Discussed earlier in the (1) City Attorney Penman announced that two additional cases had been discussed in closed session under Government Code Section 54956.9(a), as follows: Alda Mirta VarGas. et al. vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 42051; Stubblefield Construction Comoanv. et al. vs. City of San Bernardino. et al. - Fourth District Court of Appeals Case No. E020341. City Attorney Penman also had positive remarks regarding the Arrowhead Springs Hotel. PUBLIC COMMENTS - PASTOR VERNON SHAW (5) Pastor Vernon Shaw, Prayer Mission Outreach Ministries, 1525 North "D" Street #14, San Bernardino, CA, commended the Mayor and Council for the great work they are doing; and submitted a letter dated November 2, 1998, requesting a monetary donation from the City to enable the Mission to reach its goals in assisting disadvantaged people in the community. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, 985 West Kendall Drive #A357, San Bernardino, CA, President of the Mt. Vernon Avenue Pride Association, announced that the first meeting of the Pride Association would be on November 18, from 6:00-8:00 p.m. at the Home of Neighborly Services. He also encouraged residents of the Third Ward to get involved in the selection of their new Council Member. PUBLIC COMMENTS - ELVIRA GALLARDO (5) Elvira Gallardo, a resident of Colton, CA, urged everyone to vote, stating that we are all responsible for what happens in our cities. 5 11/2/1998 PUBLIC COMMENTS - CHERYL BROWN (5) Cheryl Brown, representing the Department of Motor Vehicles Association of Neighborhood Cluster Associations, requested a listing of City activities, stating that their association is fast becoming the line of communication between the residents and City Hall. She also requested help with curtailing illegal street vendors. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Miller made a motion, 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/Community Development Commission be waived. CLAIMS & PAYROLL (7) Council Member Miller 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 October 26, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated October 22, 1998, in accordance wi th Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 98-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON FEBRUARY 2, 1999. (11) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-308 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 27, GENERALLY LOCATED ALONG PORTIONS OF 40TH STREET, BETWEEN ELECTRIC AVENUE AND WATERMAN AVENUE. (12) 6 11/2/1998 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 establishment of Underground Utility District No. 27, located along portions of 40th Street between Electric Avenue and Waterman Avenue; and that said resolution be adopted. The motion carried, and ResolutioL No. 98-309 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: RES. 98-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 97-106 & ADOPTING THE REVISED 1998 RECORDS RETENTION SCHEDULE ATTACHED AS EXHIBIT "A". (9) City Clerk Clark explained how the Records Retention Schedule in the City Clerk's Office was developed and the need for periodic revisions. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-310 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-311 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JEFF AND LISA HARVEY FOR UTILIZATION OF BLOODHOUNDS AT THE SAN BERNARDINO POLICE DEPARTMENT. (14) Lisa Harvey introduced her two bloodhounds, which have been used in several cases including looking for missing children and Alzheimer's patients. City Attorney Penman explained that Lisa Harvey, who would be working as a volunteer consul tant, would be covered by Worker's Compensation in the event of an injury. Council Member Devlin made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 98-311 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. 7 11/2/1998 RES. 98-312 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE THIRD WARD OF THE CITY FOR FEBRUARY 2, 1999 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS NOVEMBER 5, 1998 TO NOVEMBER 30, 1998. (10) Council Member Estrada stated that she thought one of the main functions of the City Clerk's Office was to conduct elections, yet the City often contracts with the County for this service. She questioned whether it was time for a recheck of the role of the City Clerk insofar as elections are concerned. City Clerk Clark explained the various election duties which are handled by the City Clerk's Office regardless of who conducts the election; and also noted that if the City did not contract with the County for certain election-related services, they would still have to contract with private vendors for printing of ballots, polling booths, mailing services, etc. Council Member Devlin made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 98-312 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES FOR CONSULTING SERVICES RELATED TO THE HIGHLAND HILLS PROJECT. (13) Warner Hodgdon, 3295 Broadmoor Boulevard, San Bernardino, CA, stated that Rancho San Andreas was pleased with the performance of staff on this matter and presented a check in the amount of $20,000, which was required as part of the agreement, to cover the remainder of Mr. Dodson's work on the project. Council Member Schnetz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-313 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-314 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH METRICOM, INC., RELATING TO THE INSTALLATION OF WIRELESS DIGITAL RADIO RECEIVERS IN THE PUBLIC RIGHT OF WAY. (15) 8 11/2/1998 Lori Sassoon, Assistant to the City Administrator, explained highlights of the proposed license agreement and answered questions regarding same. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-314 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUB- SECTION A.11 TO SECTION 9.90.010 OF TITLE 9 OF THE SAN BERNARDINO MUNICIPAL CODE EMPOWERING SAN BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE CITATIONS FOR VIOLATIONS OF TITLE 9 OF THE SAN BERNARDINO MUNICIPAL CODE. First (16) City Attorney Penman explained that the San Bernardino Community College police had requested permission to be able to arrest and issue citations under the San Bernardino Municipal Code. He noted that issues such as liability for false arrest would fall under the jurisdiction of the college district. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. RES. 98-315 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BIRD REFRIGERATION FOR DESIGN/BUILD OF AN ENERGY-EFFICIENT REPLACEMENT OF EVAPORATIVE COOLERS AND AIR CONDITIONING PACKAGE UNITS AT ANIMAL CONTROL, AND AIR CONDITIONING PACKAGE UNITS AT DELMANN HEIGHTS RECREATION CENTER, PARKS & RECREATION ADMINISTRATION AND RUDY C. HERNANDEZ COMMUNITY CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK. (17A) RES. 98-316 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ENERGY CONTROLS & CONCEPTS FOR REPLACEMENT OF EXISTING LIGHTING WITH ENERGY-EFFICIENT LIGHTING AT C.I.D., BUILDING MAINTENANCE SHOP, FIRE MAINTENANCE SHOP, JOHNSON CENTER, LYTLE CREEK CENTER, MILL CENTER, NICHOLSON CENTER, PARKS AND RECREATION ADMINISTRATION, PERRIS HILL SENIOR CENTER, ROWE LIBRARY, RUBEN CAMPOS CENTER AND VILLASENOR LIBRARY. (17B) 9 11/2/1998 RES. 98-317 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WESTERN ALLIED REFRIGERATION, INC., FOR DESIGN/BUILD OF AN ENERGY-EFFICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND 5TH STREET SENIOR CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK. (17C) City Administrator Wilson noted that 19 projects were covered by this request. He added that $169,000 had been identified in rebate money, and with the energy cost savings factored in, it would result in payments of $21,000 per year for ten years. Council inquired as to why the Public Enterprise Building had not been included, and Mr. Sharer explained that said building is owned and maintained by the Economic Development Agency. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted; and that the Mayor and Common Council authorize and direct the Purchasing Manager to solicit, as needed, lease-purchase rate quotes under master lease agreements and to award a lease-purchase to the lowest responsible leasing company. The motion carried, and Resolution Nos. 98-315, 98-316, and 98-317 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RES. 98-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDERS TO MATICH CORPORATION AND INDUSTRIAL ASPHALT/CAL-MAT, UTILIZED BY THE PUBLIC SERVICES STREET DIVISION FOR THE REPAIR OF ROADWAY PAVEMENT. (18) James Howell, Director of Public Services, explained that on July 1, 1998, annual purchase orders were issued to Matich Corporation and Industrial Asphalt/Cal-Mat in the amount of $24,000 each; however, the City is rapidly approaching these spending limits. He added that the approved budget for fiscal year 1998/99 included an additional $108,100 for the purchase of materials for repairing street damage caused by the El Nino rain storms. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-318 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. ,- 10 11/2/1998 City Attorney Penman noted that he had conflicted off on this matter since Matich Corporation donated to his campaign, and the resolution had been reviewed and signed off by Special Counsel Timothy Sabo. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PEDESTRIAN FOOD VENDORS. (Continued from September 21, 1998) (Discussed later in the meeting _ page 21) First (19) City Attorney Penman requested that the matter be continued to the afternoon to allow him time to review certain portions of the ordinance that he thought might be a little vague. Camesha Fisher, 1340 North Arrowhead Avenue, San Bernardino, CA, stated that her daughter had been scalded by hot water used by a street vendor, and she was concerned with the safety issues. Patricia Fulgham, 1151 North "D" Street #18, San Bernardino, CA, representing People's Choice, Inc., and Families United to Serve, urged the Council to help curtail illegal vendors. City Attorney Penman explained that the new ordinance would allow street vendors in the downtown area, but would impose tighter restrictions. He advised that if anyone is aware of an illegal vendor they should contact the Police Department or the City Clerk's Office. It was the consensus of the Council to consider this matter later in the afternoon. REORGANIZATION - FACILITIES MANAGEMENT DIVISION - DELETE TELEPHONE SYSTEMS COORDINATOR - ESTABLISH ADMINISTRATIVE ANALYST I (Continued from October 19, 1998) (20) A memorandum from Facilities Manager James Sharer, addressed to Councilwoman Betty Dean Anderson and dated October 29, 1998, regarding the Facilities Management reorganization was submitted into the record. Council Member Anderson reclassification of one of the management. expressed concern with the positions from mid-management to City Administrator Wilson stated that it would cost $1,500 for the initial upgrade. Council Member Miller made a motion, seconded by Council Member Schnetz, that one (1) position of Telephone Systems Coordinator, Range 2365, $2,741-$3,332/month, be deleted; that one (1) position of Administrative Analyst I, Range 4350, $2,543- 11 11/2/1998 $3,092/month, be established; and that the Director of Resources be directed to update Resolution 6433, Section reflect this particular action. Human 2, to The motion Members Estrada, Member Anderson. carried by the Lien, Schnetz, Absent: None. following vote: Devlin, Miller. Vacant: Third Ayes: Nays: Ward. Council Council ORD. MC-1033 - 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. (Continued from October 5, 1998) Final (21) Council Member Miller made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance Ayes: Council Miller. Nays: No. MC-I033 was Members Estrada, None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE 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 October 5, 1998) (22) Note: The resolution was not distributed as part of the backup material and will not be available for reference. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 21, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 10:34 a.m., Mayor Valles recessed the meeting until 11:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11: 01 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. 12 11/2/1998 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, Director of Development Services Hays. Absent: None. Vacant: Third Ward. APPEAL HEARING CONDITIONAL USE PERMIT NO. 98-06 VARIANCE NO. 98-02 - ESTABLISH INDOOR STORAGE FACILITY & OUTDOOR VEHICLE IMPOUND YARD SETBACKS & FENCE/WALL HEIGHT VARIANCES - 197 SOUTH "D" STREET - JOHN JENSEN, APPELLANT (Continued from October 5, 1998) (23) City Attorney Penman submitted a memorandum dated October 1, 1998, stating why he was declaring a conflict of interest on this matter and introduced Special Counsel Dave Gondek from Sabo and Green law offices to advise on this matter. CITY ATTORNEY PENMAN EXCUSED At 11:05 a.m., City Attorney Penman left the Council meeting and was replaced by Special Counsel Dave Gondek. Mayor Valles opened the hearing. Paul Toomey, representing the applicants, submitted drawings of the proposed facility and letters from the following agencies addressed to Mr. and/or Mrs. Allen: The Farmers Insurance Group with a faxed date of October 30, 1998; Walter C. Cagley Insurance dated October 8, 1998; Mid State Sharpton Insurance dated September 14, 1998; and Westenberger Insurance dated October 30, 1998. John Jensen submitted a copy of a document he had faxed to Development Services Director Mike Hays dated October 26, 1998. Michael Hays, Direotor of Development Services, provided an overview of the project as approved by the Planning commission and explained the appeal submitted by Mr. Jensen. He noted that the proj ect on appeal was an applioation to establish a storage facility for repossessed vehicles and other ancillary equipment in an existing building at 197 South "D" Street, with additional items to be stored outside the building. He noted that the conditional use permit was granted by the Planning Commission with numerous conditions of approval, as outlined in the staff report. Additionally, to complement the conditional use permit the following three variances were also requested: 1) to reduce the 10-foot front and street side setbacks along "D" Street (from 10 feet to 5 feet) and along Athol Street ;from 10 feet to 4 feet); 2) to reduce the 10-foot interior side and rear yard setbacks to zero to allow the outdoor storage of vehicles; and 3) to increase the maximum allowable fenoe and wall height to the front and side yard setbacks from 6 feet to 8 feet. 13 11/2/1998 Mr. Hays added that variance 3) above would allow the applicant to construct an 8-foot fence, which would be a block wall and would allow additional storage in the front yard area, screened from the public's view. Planning staff had initially recommended that this variance be denied. Director Hays noted that there is another project immediately south and west of this proj ect owned and operated by the same applicants, Mr. and Mrs. Allen; however, that projeot is not under consideration and has nothing to do with the project under appeal. The following individuals spoke in opposition to the proposed projeot, citing such reasons as blight, traffic congestion on the street as vehicles are being moved in and out, and the fact that the physical characteristics of the property are not conducive to the proposed use: Paul Sanborn, 267 South "D" Street, San Bernardino, CA. Ed English, 167 South "D" Street, San Bernardino, CA. Bill Bergee, 160 South "D" Street, San Bernardino, CA. Ralph Affai tati, 393 West Athol Street #2, San Bernardino, CA. John Jensen, 444 Athol Street, San Bernardino, CA. Paul Toomey, representing the Allens, described their anticipated use of the property and why they were asking for the conditional use permit and variances. Bill Lemann, legal counsel for Michael and Brenda Allen, stated that the Allens were spending $300,000 on the DiLine building, which has been empty for five years, and that their plans included a substantial increase in the landscaping. He added that the building is not a storage facility, and they are doing nothing that will visibly deter from the neighborhood. Discussion ensued regarding the original recommendation made to the Planning Commission by Development Services staff, and the aotion taken by the Planning Commission to approve the conditional use permit and all variances as requested by the applicant. The Council expressed concern that the applicants had been in noncompliance with City development standards at their present business location for the past 20 years. Attorney Lemann explained that the project on the west side of the street, which has been in abeyance and where there have been conditional use permit problems over the past 20 years, ought to be completed in three to four weeks and in a position to receive its conditional use permit. Mr. Lemann added that he and the Allens had spoken to Mr. Hays about posting a bond or a letter of oredit which would assure that the work required for the new project would be completed in accordance with what was being presented at today's meeting. 14 11/2/1998 Development Services Director Hays added that one of the conditions of approval was a bond or some other financial instrument in an amount of one and one-half times the estimated cost of the public improvements, to be filed with the department upon approval of the project. Council Member Schnetz pointed out that in the original staff report, staff's proposal to the Plannlng Commission had been to approve the conditional use permit of the impound storage yard, approve the variance relative to the reduction of front and street side setbacks and interior side and rear setbacks; but to deny the variance request to reduce the front setback to accommodate the establishment of a vehicle impound yard and the request to increase the maximum fence and wall heights from six feet to eight feet along "D" and Athol Street frontages. Mr. Schnetz questioned whether this setback was where they wanted to store vehicles, and Mr. Hays stated that this was true. Mayor Valles stated that she would like to recommend that the Council members visit the site in order to see for themselves what everyone had been talking about and continue the matter to the next meeting. She noted that ultimately the decision should rest on doing what is best for the city. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of November 16, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Anderson removed her second, and the motion failed for lack of a second. Brenda Allen, 206 North "D" Street, San Bernardino, CA, advised that they had obtained their certificate of occupancy at their current location, then there was complaining that the cars could be seen so they built the two buildings. She stated that they had always been under compliance and had done nothing wrong. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of November 16, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion Members Estrada, Member Schnetz. carried by the following vote: Ayes: Lien, Devlin, Anderson, Miller. Nays: Absent: None. Vacant: Third Ward. Council Council SPECIAL COUNSEL GONDEK EXCUSED At 12:01 p.m., Special Counsel Gondek left the Council meeting and was replaced by Deputy City Attorney Empeno. 15 11/2/1998 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 98-02 - CONDITIONAL USE PERMIT NO. 98-12 - VARIANCE NO. 98-08 - AMEND DEVELOPMENT CODE - PERMIT SELF-SERVICE MINI-STORAGE IN CG-1, COMMERCIAL GENERAL - REDUCE SIDE & REAR SETBACKS - PALM & BESSANT AVENUES (24) Michael Hays, Director of Development Services, submitted a staff report dated October 15, 1998, recommending approval of Development Code Amendment No. 98-02, Conditional Use Permit No. 98-12, and Variance No. 98-08. Mayor Valles opened the hearing. Gordon Nelson, 27224 East 13th Street, Highland, CA, a neighbor along the south property line, expressed concern that vagrants would get into the area along the six-foot easement adjacent to his property and a possible noise problem at night. Julio Gener, Studio 3 Architects, representing the owner of the property, indicated that the property was surrounded by the City of Highland, which had indicated :ts support of the proposed use of the property. Council Member Miller stated that one of her big concerns would be drainage and making sure that the proposed project does not pass on its drainage problems to the surrounding properties. Director Hays stated that improvement plans would have to be submitted by the applicant, and if it appeared that there would be drainage problems, the applicant would be required to mitigate same. Council Member developers and read like they had done planning staff. Schnetz stated that he had met with the through the backup material and that it looked a good job meeting all the concerns of the AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.020, TABLE 06.01 AND AMENDING CHAPTER 19.06, SECTION 19.06.030, TABLE 06.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD MINI-STORAGE AS A CONDITIONALLY PERMITTED USE IN THE CG-1, COMMERCIAL GENERAL, LAND USE DISTRICT. First (24) Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; that the Mayor and Common C,mncil adopt the Negative Declaration and approve Conditional Use Permit No. 98-12 and Variance No. 98-08, based on the findings of fact and subject to 16 11/2/1998 the conditions of approval and standard requirements listed in the staff report dated October 15, 1998, from Michael E. Hays, Director of Development Services; and that said ordinance be laid over for final adoption. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 97-08 - AMEND LAND USE DESIGNATION - CG-1, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY 7.2 ACRES NORTHEAST CORNER WATERMAN AVENUE & NINTH STREET (25) Michael Hays, Director of Development Services, submitted a staff report dated October 15, 1998, regarding amending the land use designation from CG-l, Commercial General, to CH, Commercial Heavy, for 7.2 acres at the northeast corner of Waterman Avenue and Ninth Street. Mayor Valles opened the hearing. Director Hays explained that this was the old K-MART building which has been vacant for many years. He added that the owner has had difficulty in attracting new tenants because the current zoning stipulates that everything must be inside the building; however, changing the land use designation to Commercial Heavy would permit uses such as outside sales. RES. 98-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR 7.2 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF WATERMAN AVENUE AND 9TH STREET. (25) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves the negative declaration and approves General Plan Amendment No. 97-08, based on the findings of fact as listed in the staff report dated October 15, 1998, from Michael E. Hays, Director of Development Services. The motion carried, and Resolution No. 98-319 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien! Schnetz I None. Vacant: RECESS MEETING At 12:17 p.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. 17 11/2/1998 RECONVENE MEETING At 2:02 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; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION,' SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:02 p.m., Chairwoman Valles called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. MAYOR VALLES EXCUSED At 2:03 p.m., Mayor Valles left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Schnetz. AUTHORIZE LOAN SAN BERNARDINO SYMPHONY ORCHESTRA $175,000 (Continued from October 19, 1998) (R26) Richard Abraham, 995 West Marshall Boulevard, San Bernardino, CA, stated he was opposed to granting a loan to the San Bernardino Symphony Orchestra and submitted a document titled "Complaint Against S.B. Symphony Loan" wherein he defined his concerns. Edward Hill, President of the Inland Empire Symphony Association, provided background information on the financial situation of the symphony and why they are in this current indebtedness situation. He expressed confidence that the symphony is capable of turning the situation around, stating that they have some very positive activities being planned which will increase their income and their ability to pay back the loan. He added that the Community Development Block Grant money shown in the budget is County CDBG money and is specified for outreach programs. Mr. Hill explained that the loan would be underwritten; that this year three individuals had contributed $74,000 to enable the Symphony to be financially viable and able to pay its bills, and these three individuals, plus others, would be underwriting the loan. 18 11/2/1998 Discussion ensued regarding the fact that the Council had no written documents regarding how and by whom the loan would be repaid, creating an uneasy feeling among the Council. Mr. Hill pointed out that usuall y the concept is approved first and then an agreement is developed and approved which contains the defining details and achieves implementation of the desired action. He added that his suggested terms would be that the Symphony will pay interest only, as they have been paying the credit union, and make an annual lump sum payment of one-fifth of the indebtedness each year, on a five-year basis. City Attorney Penman stated that if the Council wanted to approve the loan with a provision that it would be disbursed upon approval by the City Attorney's Office of the appropriate guarantee documents, his office would be willing to do this. Council Member Devlin noted that the that CRA funds could be used for this clarification of the meaning of "CRA." staff report indicated purpose and requested Executive Director Van Osdel stated that CRA funds are Community Reinvestment Act funds, and that currently there is a little over $1 million in the fund. He added that this money is not bond fund money, is not CDBG fund money, and is not Tax Increment (TI) fund money. The use of these funds is restricted; however, there is nothing that restricts the Agency from loaning said funds. Mr. Van Osdel suggested that if the Commission wanted to consider this loan at the suggested interest rate and term, that they approve the matter in concept, subject to a loan agreement being brought back to the Commission for approval which would include the necessary backup and background information the Commission was asking for. Discussion continued regarding the guarantee for the loan, and the fact that what was really important was the financial standing of the people who were going to underwrite the loan. It was the consensus of the Council that the individuals guaranteeing the loan would probably be adverse to opening their personal finances to the scrutiny of just anyone; therefore, the Council agreed that this should be done by the Executive Director of the Economic Development Agency. Council Member Miller made a motion, seconded by Council Member Estrada, that subject to the loan agreement, the Mayor and Council/Community Development Commission approve a loan to the San Bernardino Symphony Orchestra in the amount of $175,000, to be amortized over five (5) years at an interest rate equal to the Community Reinvestment Fund rate of 8.625 percent, with funds to be 19 11/2/1998 utilized on an as-needed basis and subject to the agreement coming back to the Community Development Commission for their approval. (Note: There was no vote taken.) Discussion continued regarding the interest rate to be charged, how the Agency accrued the CRA funds, the sensitivity of examining the financial documents of the individuals offering to underwrite the loan, etc. Ann Harris, Director, Business Retention/Recruitment, explained how Community Reinvestment Act funds are accrued, how they are accessed, and permitted uses of the funds. She added that $300,000 of this money has already been committed to the courts. Council Member Miller amended the motion, seconded by Council Member Estrada, that the Mayor and Common Council/Community Development Commission approve a loan to the San Bernardino Symphony Orchestra in the amount of $175,000 to be amortized over five (5) years at an interest rate equal to the Community Reinvestment Fund rate of 8.625 percent increased by 1/4 percent; with one-fifth of the unpaid principal to be paid annually, subject to personal guarantees, with interest only paid monthly, subject to approval of the loan documents by the Commission and with funds to be utilized on an as-needed basis. The motion carried by the Members Estrada, Lien, Schnetz, Member Devlin. Absent: None. following vote: Ayes: Anderson, Miller. Nays: Vacant: Third Ward. Council Council MAYOR VALLES RETURNED At 2:55 p.m., Mayor Valles returned to the Council meeting and took her place at the council table. PERSONNEL APPOINTMENT - JAMES WILLMOTT - CONSTRUCTION MANAGEMENT SPECIALIST - ECONOMIC DEVELOPMENT AGENCY (R27) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated October 16, 1998, regarding the appointment of James Willmott to the position of Construction Management Specialist. Mr. Van Osdel noted that the position had been approved by the Commission on October 5, 1998, when they had approved the Agency's reorganization. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission approve and ratify the appointment of James Willmott as Construction Management Specialist in accordance with Personnel policies and Procedures for Employees of the City of San Bernardino Economic Development Agency. 20 11/2/1998 ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL EXCUSED At 2:57 p.m., Economic Development Agency Executive Director Van Osdel left the Council meeting and was replaced by City Administrator Wilson. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PEDESTRIAN FOOD VENDORS. (Continued from September 21, 1998) (Discussed earlier in the meeting - page 11) First (19) Ci ty Attorney Penman distributed an amended ordinance and reviewed with the Council changes that had been made on pages 3 and 4. Council Member Miller made Member Anderson, and unanimously laid over for final adoption. a motion, seconded by Council carried, that said ordinance be Mary Ryan and Ray Ramirez, 424 West Court Street, San Bernardino, CA, representing some of the local downtown restaurants, expressed their concerns relative to whether there would be limitations and/or standards imposed on the food vendors relative to hours of operation, proximity to presently established restaurants, and types of items sold. ADJOURNMENT (28) At 3:08 p.m., the meeting was adJourned. The next regular meeting of the Mayor and Common Council/Community Development Commission will be held at 8:00 a.m., Monday, November 16, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By U /~,.( Linda Hartze Deputy City Clerk No. of Items: 28 No. of Hours: 5.5 hours 21 11/2/1998