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HomeMy WebLinkAbout11-16-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 16, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tem Schnetz at 8:08 a.m., Monday, November 16, 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 Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. Vacant: Third Ward. City Attorney Penman announced that the following additional cases would be discussed in closed session: City of San Bernardino Municipal Water Department vs. States Department of Defense. The Armv United District Court Case No. CV 96-8867 MRP; United States State of California ex rel. Stull vs. Bank of America NT SA - San Francisco Superior Court Case No. 968484; Kenneth J. Henderson. et al. vs. Economic Development Aoencv. et al. - Court of Appeals, Fourth District Court Case No. E021852, San Bernardino Superior Court Case No. SCV 16489; The People vs. Manta Manaoement Appeals, Fourth District Court Bernardino Superior Court Case No. Corporation Court Case No. E019635, SCV 18157. of San meeting At 8: 08 Development following: RECESS MEETING - CLOSED SESSION - (Discussed later in the (1) Common Council and Community to closed session for the - pages 12, a . m., the Commission 16 and 20) Mayor and recessed Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a). 1 11/16/1998 B. C?nf~r~nce with legal counsel - anticipated litigation _ slgnlflcant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 247 W. Third Street Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Terrance Moore, on behalf of Caltrans Under Negotiation: Terms, price and conditions CLOSED SESSION At 8:09 a.m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Murad and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; General Manager Kersey, Water Department; Special Counsel Jim Odlum of Mundell, Odlum, Haws and Reider, 275 W. Hospitality Lane, Suite 300, San Bernardino, CA; and Special Counsel Tom Jacobsen of Gresham, Savage, Nolan and Tilden, 600 N. Arrowhead Avenue, Suite 300, San Bernardino, CA. COUNCIL MEMBER ANDERSON ARRIVED At 8:12 a.m., Council Member Anderson arrived at the closed session. 2 11/16/1998 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and 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. SPECIAL COUNSEL ODLUM EXCUSED At 8:38 a.m., Special Counsel Odlum left the closed session. ADJOURN CLOSED SESSION At 8:55 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9: 02 a. m., Mayor Pro Tem Schnetz reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council 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 Pastor Johnny Moreno of Victory Outreach. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATION - CERTIFICATE OF APPRECIATION - ROBINSONS MAY - GRAND OPENING - NOVEMBER 20, 1998 (3) Nick Gonzalez, Community Liaison, presented a certificate of appreciation to Robinsons May and announced that their grand opening would be held on November 20, 1998. PROCLAMATION - NATIONAL CHILDREN'S BOOK WEEK - NOVEMBER 16-22, 1998 - ROOSEVELT ELEMENTARY SCHOOL (3) Nick Gonzalez, Communi ty proclaiming November 16-22, 1998 as within the City of San Bernardino. Liaison, read a resolution "National Children's Book Week" 3 11/16/1998 Roosevelt Elementary School Principal Gerald Kasinski and Student Council Officers Jessica Garcia, Andrea Palacios, Lucy Duran and Erin Morris, accepted the proclamation. PROCLAMATION - GREAT AMERICAN SMOKE OUT DAY - NOVEMBER 19, 1998 (3) Nick Gonzalez, Community proclaiming November 19, 1998, as within the City of San Bernardino. Tom Marek, proclamation. Liaison, read a resolution "Great American Smoke Out Day" Risk Management Coordinator, accepted the PRESENTATION TO THE CITY - SAN BERNARDINO CONVENTION & VISITORS BUREAU - ROUTE 66 RENDEZVOUS (3) Shelly Wong, Jo Ann Webb and Donna Heller Bernardino Convention and Visitors Bureau, presented the city for its support of the Route 66 Rendezvous. of the San a plaque to Mayor Pro Tem Schnetz accepted the plaque. ANNOUNCEMENTS - MAYOR PRO TEM SCHNETZ (3) Mayor Pro Tem Schnetz stated that on behalf of Mayor Valles, he would like to express his appreciation to the various city departments, businesses and participants of the Clean Up Day held on November 14, 1998. The event turned out to be a great success! SERVICE PIN AWARDS (3) Nick Gonzalez, Community Liaison, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Cynthia Buechter Salvador Jimenez Theeravut Thaipejr Norma Allie Sharlene Bragg Rita Shirley-West William Beaumont Joe Groves Gary McCafferty Michael Pohl Dale Blackwell Pamela Rodriguez George Newlin Department City Clerk Development Services Development Services Facilities Management Facilities Management Finance Fire Fire Fire Fire Police Police Public Services 4 Years of Service lS-year pin lS-year pin S-year pin 2S-year pin 10-year pin S-year pin lS-year pin 2S-year pin lS-year pin 2S-year pin 20-year pin 10-year pin 2S-year pin 11/16/1998 Each employee received a service pin presented by Mayor Pro Tem Schnetz. RECESS MEETING At 9:19 a.m., Mayor Pro Tem Schnetz called a five-minute recess. RECONVENE MEETING At 9: 24 a. m., Mayor Pro Tem Schnetz reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. ANNOUNCEMENTS COUNCIL MEMBERS ANDERSON, MILLER & SCHNETZ ESTRADA, DEVLIN, (4) Council thanked the participants of the Clean Up Day and acknowledged how well the city looks. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien expressed concern regarding the blighted conditions of the housing located within the city and announced the actions being taken to address the problem. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that if the with the construction of the Inland Theater problem, please call the Council Office. noise associated proj ect causes a ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark expressed her appreciation for the Clean Up Day participants. She also announced that the nomination period for the Third Ward Council position would close at noon on Monday, November 30, 1998. She stated that there were currently five potential candidates. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson acknowledged the participated in the Clean Up Day and stated meeting with Omnitrans to address the blighted bus stops. SO+ employees who that he would be conditions of the S 11/16/1998 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman expressed his appreciation for the many participants of the Clean Up Day and recounted the events leading up to the election and resignation of Third Ward Council Member Arias. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, submitted information relative to the City of Riverside's Handicap Advisory Committee and its use of Community Development Block Grant funds. PUBLIC COMMENTS - JEFF DEFILLIPES (5) Jeff DeFillipes, 1538 N. Waterman Avenue, San Bernardino, CA expressed concern regarding the lack of professionalism exhibited by the Omnitrans bus drivers. PUBLIC COMMENTS - ROSKO KIDWELL (5) Rosko Kidwell, 522 W. First Street #D, Rialto, that a historical marker be placed in front of McDonald's site at 14th and "D" Street. CA, requested the original PUBLIC COMMENTS - PASTOR VERNON SHAW (5) Pastor Vernon Shaw, Prayer Mission, 1525 North "D" Street, San Bernardino, CA, thanked God for His influence in his life and announced that the Prayer Mission would be serving Thanksgiving dinner. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed concern that the security measures utilized at council meetings could be construed as measures of intimidation. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin 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 and Community Development Commission be waived. 6 11/16/1998 MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, as submitted in typewritten form, be approved: September 21, 1998; September 29, 1998; October 5, 1998. CLAIMS & PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 9, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated November 5, 1998, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified. RES. 98-320 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA HEALTHY CITIES PROJECT FOR THE FOLLOWING PROJECT: "YOUTH TAKIN' ON TOBACCO PROJECT." (10) ORD. MC-1034 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION 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. Final (11) RES. 98-321 - 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) (12) 7 11/16/1998 ORD. MC-1035 - 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. Final (14) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions and ordinances be adopted. Resolution Nos. 98-320 and 98-321 and Ordinance Nos. MC-1034 and MC-1035 were 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 SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PEDESTRIAN FOOD VENDORS. Final (13) Judi Penman, Executive Vice Presldent, Chamber of Commerce, 546 W. 6th Street, submitted a letter dated November 12, continuance of the matter. San Bernardino Area San Bernardino, CA, 1998, requesting a Sal vatore F. Catalano, President, San Bernardino Downtown Business Association, Inc., submitted a letter dated November 12, 1998, requesting that the matter be continued. Council Member Estrada made a motion, seconded by Council Member Anderson, that the meeting be continued to the Mayor and Council meeting of December 7, 1998. Council Member Anderson removed her second, and the motion failed for lack of a second. Council Member Devlin made a motion, seconded Member Anderson, and unanimously carried, that the referred to the Legislative Review Committee. by Counc i 1 matter be RES. 98-322 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN - MCCAIN, INC., FOR THE WIDENING OF KENDALL DRIVE BRIDGE AT CABLE CREEK CHANNEL PER PLAN NO. 9728. (15) Council inquired about the balance within the Unappropriated Reserve Fund and the use of such. Development Services Director Hays answered questions concerning the use of the Unappropriated Reserve Fund. 8 11/16/1998 Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired if the project included the construction of sidewalks. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Common Council be authorized to amend the Fiscal Year 1998/99 Capital Projects budget and increase Account No. 129-367-5504-7068 by $90,000; and that said resolution be adopted. The motion carried and Resolution No. 98-322 the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: None. Absent: Third Ward. was adopted by Lien, Schnetz, None. Vacant: RES. 98-323 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VALLEY SLURRY SEAL COMPANY FOR PAVEMENT REHABILITATION BY SLURRY SEAL METHOD, PHASE VI, BETWEEN FIFTH STREET AND BASE LINE AND BETWEEN 1-215 AND LYTLE CREEK. (16) Development Services Director Hays answered questions regarding the funds allotted for the slurry seal project. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, submitted a handout entitled, "Rubberized Asphalt," and requested that the matter be continued. Director Hays stated that the use of rubberized asphalt is currently 50 percent higher than the slurry seal application; however, it has been used when deemed appropriate. Council Member Devlin requested that he be present when rubberized asphalt is being considered. A discussion was held regarding the use of slurry seal versus rubberized asphalt. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98 - 323 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. RES. 98-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER TO CONSOLIDATED FABRICATORS FOR THE PURCHASE AND DELIVERY OF COMMERCIAL ROLL-OFF REFUSE BINS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (17) Council expressed concern regarding the extension of contracts in that it precludes the bidding process. 9 11/16/1998 City Administrator Wilson answered questions concerning the purchasing provisions and the selection of vendors. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-324 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Lien, Schnetz, Devlin, Anderson, None. Vacant: Third Ward. PUBLIC MEETING - ASSESSMENT DISTRICT (AD) FORMATION - INLAND CENTER DRIVE & RIVERWALK DRIVE AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE - AD NO. 1024 - TRACT NO. 14706 (18) Michael Hays, Director of Development Services, submitted a staff report dated October 26, 1998, concerning the formation of Assessment District No. 1024. Mayor Pro Tem Schnetz opened the public meeting. Director Hays explained the requirements for the formation of an assessment district. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the public meeting relative to the formation of Inland Center Drive and Riverwalk Drive Area Landscape and Sewer Lift Station Maintenance Assessment District (AD 1024 - Tract No. 14706), be closed; and protests, if any, be carried over to the public hearing scheduled to be heard before the Mayor and Council at 10:00 a.m., Monday, December 7, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH BIG RED APPLE REGARDING THE MARKETING AND MANAGEMENT OF THE SAN BERNARDINO STADIUM. (19) City Administrator Wilson provided a synopsis of the action taken to secure a firm for the marketing and managing of the San Bernardino Stadium and reviewed the provisions of the agreement with Big Red Apple. Council Member Miller made a motion, seconded by Council Member Anderson, that the matter be referred to the Ways and Means Committee. Council Member Anderson removed her second, and the motion failed for lack of a second. 10 11/16/1998 Bob Lewis, President of Big Red Apple, 650 South HE" Street . , San Bernardkno, CA, stated that he would not object to the matter being referred to the Ways and Means Committee. Council Member Miller made a motion, Member Anderson, that the matter be referred Committee. seconded by Council to the Ways and Means Council Member Anderson removed her second, and the motion failed for lack of a second. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested that the handicap parking not be blocked when events are being held in the parking lot of the stadium. Council Member Miller made a motion, Member Anderson, and unanimously carried, referred to the Ways and Means Committee. seconded by Council that the matter be APPOINTMENT - REDEVELOPMENT COMMITTEE - COUNCIL MEMBER DEVLIN - COUNCIL ASSIGNMENT (20) Council Member Miller submitted a staff report dated November 9, 1998, requesting the appointment of Council Member Devlin to the Redevelopment Committee. Council Member Miller made a motion, seconded by Council Member Anderson, that the appointment of Council Member Jerry Devlin to the Redevelopment Committee be approved. The motion carried by the following vote: Members Estrada, Schnetz, Devlin, Anderson, Miller. Member Lien. Absent: None. Vacant: Third Ward. Ayes: Nays: Council Council APPROVE CONTRACT CHANGE ORDER NO. ONE INSTALL UNDERGROUND FUEL TANKS - NEW FUEL STATION - CITY YARD - REMOVE EXISTING FUEL TANKS & CONTAMINATED SOILS - SPENCER & JONES GENERAL CONTRACTORS - $8,627.34 (21) Michael Hays, Director of Development Services, submitted a staff report dated October 22, 1998, concerning the installation of new fuel tanks and a new fuel station at the city yard. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve Change Order No. One to the contract with Spencer & Jones General Contractors for the design/build/installation of a new fuel station and the removal of the existing fuel stations and 11 11/16/1998 contaminated soil at an increase of $8,627.34 to the original contract price of $503,890. This increase will compensate the contractor for additional work required in the installation of a sand/oil clarifier, concrete pad, two additional catch basins and the reduction of the quantity of asphalt pavement. EMPLOYEE INSURANCE LONG-TERM INSURANCE BENEFITS DELTA DENTAL UNUM (LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT & DISABILITY INSURANCE) - APPROVE AGREEMENT (22) Edward Raya, Director of Human Resources, submitted a staff report dated November 10, 1998, requesting authorization to enter into an agreement with Delta Dental and UNUM Insurance for various employee benefits. Director Raya explained that the previous dental carrier would no longer be doing business in California and provided a synopsis of the negotiations held with Delta Dental and UNUM Insurance. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor be authorized to execute an agreement with Delta Dental to provide the city's dental insurance benefits and with UNUM Insurance to provide the city's life, accidental death and dismemberment and long-term disability insurance benefits, subject to City Attorney approval and ratification of the final agreement by the Common Council. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1, 16 and 20) (1) At 10:43 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): City of San Bernardino Municipal Water Department vs. United States Department of Defense. The Armv - United States District Court Case No. CV 96-8867 MRP; State of California ex rel. Stull vs. Bank of America NTSA - San Francisco Superior Court Case No. 968484; Kenneth J. Henderson. et al. vs. Economic Development Aoencv. et al. - Court of Appeals, Fourth District Court Case No. E021852, San Bernardino Superior Court Case No. SCV 16489; 12 11/16/1998 The People vs. Manta Manaqement Corporation - Court of Appeals, Fourth District Court Case No. E019635, San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. F. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 247 W. Third Street Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Terrance Moore, on behalf of Caltrans Under Negotiation: Terms, price and conditions CLOSED SESSION At 10:43 a.m., Mayor Pro Tem to order in the conference room Hall. Schnetz called the closed session of the Council Chambers of City ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also and Simmons Supervisor. present: and Edna Senior Assistant City Attorneys Carlyle Anderson, Administrative Operations ADJOURN CLOSED SESSION At 10:59 a.m., the closed session adjourned to the Council Chambers of City Hall. 13 11/16/1998 RECONVENE MEETING At 11:03 a.m., Mayor Pro Tem Schnetz reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. APPEAL HEARING CONDITIONAL USE PERMIT NO. 98-06 VARIANCE NO. 98-02 - INDOOR STORAGE FACILITY - 11,500 SQUARE FOOT BUILDING - OUTDOOR VEHICLE IMPOUND YARD - 197 SOUTH "D" STREET - (Continued from November 2, 1998) (23) CITY ATTORNEY PENMAN EXCUSED At 11:05 a.m., City Attorney Penman interest, announced that David Gondek from legally advising the Mayor and Council meeting. declared a conflict of Sabo and Green would be and left the council Mayor Pro Tem Schnetz opened the hearing. Development Services Director Hays provided a synopsis of the action taken for the construction of an indoor storage facility and an outdoor vehicle impound yard, reviewed the conditions of construction and answered questions relative to such. Attorney Bill Lemann, representing Mr. and Mrs. Michael Allen, stated that the Allens were present to explain why the eight foot block wall was required. The following individuals iterated the incidents which caused disharmony between themselves and Mr. Jensen, the appellant: Michael Allen, Jr., 206 South "D" Street, San Bernardino, CA. Stephanie Allen, 206 South "D" Street, San Bernardino, CA. Brenda Allen, 206 South "D" Street, San Bernardino, CA, stated that the block wall is necessary to cover the view of the vehicles and to guard against theft. Michael Allen, Sr., 206 South "D" Street, San Bernardino, CA, addressed the concerns of the surrounding neighbors and explained the need for the proposed eight foot block wall. 14 11/16/1998 The following individuals construction of the eight foot variances: expressed concern regarding the block wall and/or the requested Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA. Paul Sanborn, 267 South "D" Street, San Bernardino, CA. John Wartman, 444 Athol Street, San Bernardino, CA. John Jensen, 444 Athol Street, San Bernardino, CA; and submitted a summary of events dated November 16, 1998. Ed English, 167 South "E" Street, San Bernardino, CA. Paul Toomey, representing the Allens, stated that the area is light industrial and the Allens are simply requesting a reuse of the property. He noted that most of the testimony had nothing to do with the issue at hand. Ralph Affaitati, 393 W. Athol Street, San Bernardino, CA, stated that the Allens purchased the property without prior approval for its intended use and expressed concern regarding the approval of said project. Brenda Allen reiterated that the construction of the block wall is simply to prevent theft. Attorney Bill Lemann stated that what is important for the Council to consider is the hardship issue. He noted that the area would be beautified and the building would have a functional use. Council Member Miller made a motion, Member Anderson, and unanimously carried, closed. seconded by Council that the hearing be A discussion ensued regarding the appropriate use property and the ability to effectively monitor compliance codes. of the of city Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 98-06, to establish an outdoor vehicle impound yard and storage facility in an existing 11,500 square foot manufacturing building based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E) of the Planning Commission's staff report dated July 7, 1998; approve Variance No. 98-02, to reduce the 10-foot front and street side setbacks to five (5) feet and four (4) feet respectively, and the 10-foot interior side and rear setbacks based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E) of the Planning Commission's staff report dated July 7, 1998; and deny the 15 11/16/1998 following variance requests based on the Findings of Fact: 1) to reduce the front setback to accommodate the establishment of an outdoor vehicle impound yard; and 2) to increase the maximum fence and wall heights from six (6) feet to eight (8) feet along the "D" and Athol Street frontages. RECESS MEETING At 12:25 p.m., Mayor Pro Tem Schnetz recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:03 p.m., Mayor Pro Tem Schnetz reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Crump, 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 2:03 p.m., Vice-Chairman Schnetz called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. ANNOUNCEMENTS - ANN HARRIS (4) Ann Harris, Business Retention/Revitalization Director, Economic Development Agency, announced that the United States Air Force would be having a free concert tonight at 7:00 p.m. in the California Theater. Ms. Harris also announced that on November 21, 1998, at 7:00 p.m. in the California Theater, the James Whitmore will Rogers Folly would be held to raise funds for the mural to be placed on the California Theater 16 11/16/1998 PUBLIC COMMENTS - LORRIE NECOCHEA (5) Lorrie Necochea, 4186 Third Avenue, San Bernardino CA, presented a button to the Mayor and Council to be worn Novemb~r 16- 21, 1998, in loving memory of her daughter, Diana Necochea, whose life was taken. She also stated that a benefit dinner would be held at the Gents Hall on November 21, 1998. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 1, 12 and 20) At 2: 08 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: earlier and (1) Community for the Pursuant to Government Code Section: B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. CLOSED SESSION At 2:08 p.m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Economic Development Agency Executive Director Van Osdel and Special Counsel David Gondek and Alexis Crump of Sabo and Green. ADJOURN CLOSED SESSION At 2:29 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2: 29 p. m., Mayor Pro Tem Schnet z reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Crump, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. Vacant: Third Ward. 17 11/16/1998 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 2:29 p.m., Vice-Chairman Schnetz reconvened 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. PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT FOR IMMIGRATION & NATURALIZATION SERVICES (INS) OFFICE, INC. (VANIR) - 3.27 ACRE SITE - 655 WEST RIALTO AVENUE - 60,000 SQUARE FOOT OFFICE BUILDING - GENERAL SERVICES ADMINISTRATION (GSA) (R25) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated November 13, 1998, concerning the construction of the Immigration and Naturalization Services building for the General Services Administration. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to 8:00 a.m., Monday, November 23, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SPECIAL COUNSEL CRUMP EXCUSED At 2:30 p.m., Special Counsel Crump left the council meeting. CITY ATTORNEY PENMAN EXCUSED At 2:30 p.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. SINGLE FAMILY REHABILITATION PROGRAM OUTSOURCING SERVICES - PHASE II - ONE-YEAR CONTRACT - NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. HOME IMPROVEMENT LOAN PROCESSING, PROJECT MANAGEMENT AND HANDY WORKER GRANT PROGRAM - $607,500 (R26) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a staff report dated October 13, 1998, concerning the Single Family Rehabilitation Program. Director Winkler answered questions regarding the be provided by the Neighborhood Housing Services of Empire, Inc. services to the Inland 18 11/16/1998 Council Member Miller made a motion, seconded by Council Member Anderson, that the Mayor and Common Council authorize the issuance of a one-year contract, in the forms substantially as noted in the staff report dated October 13, 1998, from Ronald Winkler, with Neighborhood Housing Services of the Inland Empire, Inc., (NHS) for home improvement loan processing, home improvement project management and a Handyworker Grant Program and set aside $607,500 overall from the Single-Family Rehabilitation Loan Program for this effort; and that the Handyworker Grant Program return to the Redevelopment Committee for an annual review. Council Member Miller made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the issuance of a one-year contract, in the forms substantially as noted in the staff report dated October 13, 1998, from Ronald Winkler, with Neighborhood Housing Services of the Inland Empire, Inc., (NHS) for home improvement loan processing, home improvement project management and a Handyworker Grant Program and set aside $607,500 overall from the Single-Family Rehabilitation Loan Program for this effort. SINGLE FAMILY REHABILITATION PROGRAM OUTSOURCING SERVICES - PHASE III - ONE-YEAR CONTRACT - SAN BERNARDINO WEST SIDE COMMUNITY DEVELOPMENT CORPORATION - HANDYWORKER GRANT PROGRAM - $100,000 (R27) Ronald Winkler, Development Director, Economic Development Agency, submitted a staff report dated October 5, 1998, concerning the Single Family Rehabilitation Program. Executive Director Van Osdel explained that James wilmott would be monitoring the program and referrals would be coordinated through the Economic Development Agency. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the one-year contract with San Bernardino West Side Community Development Corporation for a Handyworker Grant Program and set aside $100,000 from the Single-Family Rehabilitation Program for this effort; and that the Redevelopment Committee review the program in six months. AUTHORIZE FUNDS - HOME INVESTMENT PARTNERSHIP ACT PROGRAM HOME FUNDS - HOME BUYER EDUCATION PROGRAM - MORTGAGE ASSISTANCE PROGRAM $56,000 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. (R28) Ronald Winkler, Development Director, Economic Development Agency, submitted a staff report dated November 9, 1998, concerning a Home Buyer Education Program with Neighborhood Housing Services of the Inland Empire, Inc. 19 11/16/1998 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council auth?rize a one-year contract, under HOME Project #98-401, Mortgage Asslstance Program, a Home Buyer Education Program in the amount of $56,000 with Neighborhood Housing Services of the Inland Empire, Inc. AUTHORIZE AGREEMENT THEATER ARTS MANAGEMENT OF THE CALIFORNIA THEATER - - EFFECTIVE JANUARY 1, 1999 INTERNATIONAL ONE-YEAR CONTRACT (R29) Ann Harris, Director of Business Retention/Revitalization, Economic Development Agency, submitted a staff report dated October 5, 1998, concerning the management of the California Theater. Director Harris reviewed the California Theater and agreement. the costs currently associated with explained the provisions of the Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development Commission authorize staff to prepare an agreement with Theater Arts International to manage the California Theater for one year, commencing on January 1, 1999, with a 30-day termination clause by either party and the review of the individuals' resumes and trade references. AUTHORIZE THIRD AMENDMENT - DEMOLITION ASSISTANCE LOAN - MR. ERWIN SKADRON - TERM EXTENSION - OCTOBER 30, 1998 TO OCTOBER 30, 1999 (R30) Ronald Winkler, Development Director, Economic Development Agency, submitted a staff report dated October 5, 1998, concerning the demolition assistance loan with Mr. Erwin Skadron. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Community Development Commission authorize the Executive Director to prepare and execute a third amendment to the demolition assistance loan extending the term of the loan from October 30, 1998 to October 30, 1999. SENIOR ASSISTANT CITY ATTORNEY CARLYLE AND EXECUTIVE DIRECTOR VAN OSDEL EXCUSED At 3:08 p.m., Senior Assistant City Attorney Carlyle and Executive Director Van Osdel left the council meeting and were replaced by City Attorney Penman and City Administrator Wilson, respectively. 20 11/16/1998 RES. 98-325 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE A STREAMBED ALTERATION AGREEMENT WITH THE STATE DEPARTMENT OF FISH AND GAME RELATING TO SEISMIC RETROFIT OF VARIOUS BRIDGES. (24) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 98-325 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the Lien, Schnetz, None. Vacant: following vote: Devlin, Anderson, Third Ward. RECESS MEETING - CLOSED SESSION - the meeting - pages 1, 12 and 16) At 3: 10 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: (Discussed earlier in (1) Community for the Pursuant to Government Code Section: F. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property Address: 247 W. Third Street Negotiating Parties: Gary Van Osdel, on behal f of the Economic Development Agency and Terrance Moore, on behalf of Caltrans Under Negotiation: Terms, price and conditions CLOSED SESSION At 3:10 p.m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, city Administrator Wilson. Absent: None. Vacant: Third Ward. Also present: Senior Assistant City Attorney Carlyle and Development Director Winkler and Executive Director Van Osdel of the Economic Development Agency. 21 11/16/1998 ADJOURN MEETING/CLOSED SESSION (31) At 3:22 p.m., the closed session and joint regular meeting adjourned to 8:00 a.m., Monday, November 23, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By S zanna Cor ova eputy City Clerk No. of Items: 31 No. of Hours: 6 22 11/16/1998