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HomeMy WebLinkAbout01-27-1997 Minutes ,- MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 27, 1997 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, January 27, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. City Attorney Penman announced that the following additional cases would be discussed in closed session: ~ EDC Consultants. Inc. vs. URS Consultants. Bernardino & Inland Vallev Development Aqency - San Superior Court Case No. SCV 30621. Inc.. San Bernardino Michael E. Caldwell vs. City of San Bernardino San Bernardino Superior Court Case No. SCV 26026. RECESS MEETING - CLOSED SESSION At 8:00 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): People of the State of California vs. Manta Manaqement/Manta Manaqement Corporation vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Bell. John Lee vs. D. Keil. et al. District Court Case No. CV 95-4231 DDP; United States 1 1/27/1997 Samano Yousef vs. Daniel Robbins. et al. - United States District Court Case No. CV 93-0448 RAP (RMCx); City of San Bernardino vs. Ccunty of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 24812. 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 labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Director of Personnel Employee Orqanization: San Bernardino City Professional Firefighters, Local 891 CLOSED SESSION At 8:00 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ~ ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle, Margaret Scroggin, Administrative Operations Supervisor, and Edna Anderson, Legal Secretary I, City Attorney's Office; and Barbara Dillon, Director of Personnel. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. DIRECTOR OF PERSONNEL DILLON EXCUSED At 8:12 a.m., Director of Personnel Dillon left the closed session. 2 1/27/1997 SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8:12 a.m., Senior Deputy City Attorney Simmons arrived at the closed session. SENIOR DEPUTY At 8:24 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:24 a.m., Deputy City Attorney Empeno arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8 :29 a.m., Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 8:43 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ~ ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Anderson. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENT CHUY CONTRERAS BOARD OF COMMISSIONERS - COUNCIL MEMBER ARIAS BUILDING (2) Mayor Minor submitted a Staff Report dated January 16, 1997, recommending the appointment of Mr. Chuy Contreras, 1706 Victoria Street, San Bernardino, CA, to the Board of Building Commissioners, as requested by Council Member Arias. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Mr. Chuy Contreras to the Board of Building Commissioners, as requested by Council Member Arias, be approved. 3 1/27/1997 COUNCIL MEMBER ANDERSON ARRIVED At 9:04 a.m., Council Member Anderson arrived at the Council meeting and took her place at the council table. PRESENTATION TO THE CITY - COPS FOR KIDS - SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (3) On behalf of COPS FOR KIDS and the San Bernardino Police Officers' Association, Barbara Pfenninghausen presented a plaque to Mayor Minor in recognition of the City's contribution to their program this year. Ms. Phenninghausen stated that 2,000 hotdogs were served to 900 people, with over 1700 volunteer hours amassed; and this could not have been done without the City's help. Mayor Minor accepted the plaque and commended the Police Officers' Association on the fine job they did in putting the program together. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Department Years of Service Hazel Johns-Chandler Civil Seryice 20-year pin Dawn Glaze Economic Development 5-year pin Agency Barbara Sharp Economic Development 10-year pin Agency Terri Adams Economic Development 10-year pin Agency Gary Clermont Economic Development 10-year pin Agency Kenneth Moseley Fire 15-year pin Michael Eckley Management Information 5-year pin Services Jarrod Burgman Police 5-year pin Dean Colby Police 5-year pin Stephen Lyter Police 5-year pin Lane Thompson Police 5-year pin Paul Williams Police 5 -year pin Steve Enna Public Works 10-year pin Each employee received a service pin presented by Mayor Minor. 4 1/27/1997 ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed his hope that everyone would manage to maintain their perspective during the coming election season and not confuse issues with individuals. He also expressed concern that comments attributed to City Attorney Penman in an article published by The Sun could cause people to believe that the Mayor sits in his office "wheeling and dealing," and this would be a very wrong, untrue impression. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias encouraged everyone to attend the Black History Parade on Saturday, February 1, at Medical Center Drive and Base Line Street. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated that he had attended two functions recently--a meeting of St. Bernardine's Foundation and the Chamber of Commerce installation dinner- -and expressed his appreciation and pleasure for the presentations made and for the number of positive, energetic business people in the community. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) .- Council Member Anderson stated that she also wanted people to be aware that February is Black History Month, and that the parade would be the kickoff event, however, many other events were being planned; and she encouraged people to support each and everyone of them. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark extended a warm welcome and introduced to the Mayor and Council her guest, Paloma Ruiz, a political journalist with one of the major newspapers in Mexico City. PUBLIC COMMENTS - RALPH HERNANDEZ (5) Ralph Hernandez, 2160 West Rialto, San Bernardino, CA, urged the Council to take a stand against the negative articles being published in The Sun regarding crime and blight in the city. He stated that businesses will not want to come to San Bernardino with all the negative articles being written. Council Member Curlin commented that according to a recent news release, there has been a 12.8 percent drop in Part I crimes in San Bernardino during the last year; and commended the Police Department for doing a very fine job with limited resources. 5 1/27/1997 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: October 7, 1996. CLAIMS AND PAYROLL (8) Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated January 22, 1997, from the Director of Finance, be approved. ORD. Me-990 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT TO TCI CABLEVISION OF CALIFORNIA, INC., OF A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. Final (10) RES. 97 - 8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PACIFIC EQUIPMENT AND IRRIGATION, INC., FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE EQUIPMENT. (11) RES. 97-9 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF THREE (3) EACH 1997 FORD AEROSTAR MINI-VANS TO BE UTILIZED BY THE POLICE DEPARTMENT AND PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97- 09-A. (12) RES. 97 -10 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1997 FORD 3/4 TON PICK-UP TRUCK WITH SERVICE BODY TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97- 09-B. (13) 6 1/27/1997 - RES. 97-11 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF FOUR (4) EACH 1997 CHEVROLET 1/2 TON MINI PICK-UP TRUCKS TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-C. (14) RES. 97 -12 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FRANKSONS INC., FOR FURNISHING AND DELIVERY OF TWO (2) EACH NEW GO-4 MODEL BT-57 3-WHEEL UTILITY VEHICLES TO BE UTILIZED BY PARKING CONTROL OF THE FACILITIES MANAGEMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-D. (15) RES. 97 -13 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1997 FORD STENCIL TRUCK TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-E. (16) RES. 97 -14 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF TWO (2) EACH 1997 FORD 3/4 TON PICK-UP TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-F. (17) RES. 97-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC., FOR STREET IMPROVEMENTS ON KENDALL DRIVE, WEST OF WAGON WHEEL ROAD. (19) Council Member Curlin made a motion, seconded by Council Member Negrete, that said ordinance and resolutions be adopted. Ordinance No. MC-990 and Resolution Nos. 97-8, 97-9, 97-10, 97-11, 97-12, 97-13, 97-14, and 97-15 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (9) Acting City Administrator Wilson explained that the environmental assistant positions were created as a result of the reorganization in Public Services and would be working with the recycling program. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 16, 1997, in 7 1/27/1997 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. 97 -16 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF SEVEN (7) EACH 1997 FORD TAURUS MID-SIZE SEDANS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-G. (18) Council Member Oberhelman questioned why some of the vehicles were recommended for lease-purchase while the others were designated for straight purchase, particularly since there appeared to be enough money in vehicle replacement to do outright purchases. Acting City Administrator Wilson explained that the vehicle replacement fund was set up to replace vehicles; however, four of the vehicles are new, additional vehicles for the Police Department, and money was budgeted by the Police Department to lease-purchase these vehicles. City Attorney Penman noted that these vehicles were not being purchased from a local vendor; that even under the lowest and best bidder language the one local company was not the low bidder. He added that in the process of looking at this situation, staff had come up with some ideas as to how local businesses might become more competitive with surrounding cities than the present ordinance allows. Mr. Penman stated that the City's present ordinance allows for a 1 percent credit for local businesses, and the City receives 1 percent of the sales tax of these vehicles, which in essence creates a wash. He noted that the City of Riverside gives a 5 percent credit, and if the City gave even half of that the local company would have had the bid. He added that his office will be coming forward with some suggestions for possibly amending the local preference ordinance. Mayor Minor suggested that when the new ordinance has been prepared by the City Attorney's Office, that it be submitted to the Legislative Review Committee for review. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-16 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Arias. Absent: None. 8 1/27/1997 NOTE: Due to the fact that Agenda Item No. 29 had to be adopted prior to taking action on Agenda Item No. 30, both items were considered and discussed simultaneously, as follows: ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN REHABILITATE TIPPECANOE AVENUE, FROM I-10 FREEWAY TO MISSION CREEK _ PUBLIC WORKS PROJECT NO. 96-01 (29) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 6, 1997, regarding adoption of the negative declaration and a finding of consistency with the circulation element of the General Plan relative to the rehabilitation of Tippecanoe Avenue, from the I-10 Freeway to Mission Creek. APPROVE PLAN NO. 9459 REHABILITATE PAVEMENT TIPPECANOE AVENUE, FROM ROUTE I-10 TO HOSPITALITY LANE - AUTHORIZE ADVERTISEMENT FOR BIDS (eontinued from November 18, 1996) (30) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 23, 1996, regarding approval of plans and authorization to advertise for bids for the rehabilitation of pavement on Tippecanoe Avenue, from Route I-10 to Hospitality Lane. ~ Deputy City Attorney Empeno submitted a memorandum dated January 22, 1997, addressed to the Mayor and Common Council, advising them that "any motion of the Council which approves the plans for rehabilitation of pavement on Tippecanoe Avenue must include language which adopts the negative declaration." Council Member Negrete made a motion, seconded by Council Member Curlin, that the negative declaration for Public Works Project No. 96-01, Rehabilitation of Tippecanoe Avenue from I-10 Freeway to Mission Creek, be adopted; that a finding be made that the rehabilitation of Tippecanoe Avenue from I-10 to Mission Creek is consistent with the circulation element of the General Plan; that the plans for rehabilitation of pavement and installation of a curbed median (between Route I-10 and Rosewood Drive) on Tippecanoe Avenue, from Route I-10 to Hospitality Lane, in accordance with Plan No. 9459, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. (Note: The motion was subsequently amended and the vote taken after discussion.) The following individuals expressed support for the approval of Agenda Item No. 30 (as noted in the above motion), with the condition that left turn lanes would be provided for northbound and southbound traffic on Tippecanoe Avenue at Rosewood Drive: 9 1/27/1997 Mark Lamoureux, MSL Engineering, Inc., 402 West Arrow Highway, #4, San Dimas, CA, civil engineering firm for In-N-Out Burger, who also submitted letters dated January 17 and 24, 1997; David Rose, Thrifty Oil Company, 10000 Lakewood Boulevard, Downey, CA, who requested a schematic drawing, since he had just seen a drawing which did not show a left turn lane, who also faxed a letter dated January 23, 1997; Attorney Cynthia Ludvigsen, 398 West Fourth Street, Ste. 203, San Bernardino, CA, counsel for In-N-Out Burger, who expressed concern that the motion make it clear that the negative declaration is for the project as modified with the left turn lanes and submitted a letter dated January 23, 1997. Pete Stratz, Empire Boulevard, January 24, 1997. Shell Oil Products Company, 3200 East Inland #270, Ontario, CA, who also faxed a letter dated The following individuals did not speak; however, they submitted speaker request forms indicating opposition to Agenda Item Nos. 29 and 30 unless the plans were amended to include left turn lanes: Fred Encinas, In-N-Out Burgers, 13502 Virginia Avenue, Baldwin Park, CA. ~. Vincent J. LePare III, Thrifty Oil Company, 13539 East Foster Road, Santa Fe Springs, CA. Steve Sasaki, Pointe Drive, Ste. WPA Traffic Engineering, 190, Laguna Hills, CA. Inc. , 23421 South Van Tarver, Thrifty Oil Company, 10000 Lakewood Boulevard, Downey, CA. Director Hardgrave assured everyone that there would be left turn lanes if the Council adopted the motion noted above. City Attorney Penman advised the Council concerning the changes which should be incorporated into the motions in order to reflect the desires of the local businesses, which were agreed to by staff. 10 1/27/1997 Council Member Negrete amended his motion, seconded by Council Member Curlin, and unanimously carried, that the negative declaration for Public Works Project No. 96-01, Rehabilitation of Tippecanoe Avenue from I-10 Freeway to Mission Creek, with respect to Motion #2 on Item #30 (the highlighted, latter part of this motion), be adopted; that a finding be made that the rehabilitation of Tippecanoe Avenue from I-I0 to Mission Creek, with respect to Motion #2 on Item #30 (the highlighted, latter part of this motion), is consistent with the circulation element of the General Plan; that the plans for rehabilitation of pavement and installation of a curbed median (between Route I-I0 and Rosewood Drive) on Tippecanoe Avenue, from Route I-10 to Hospitality Lane, in accordance with Plan No. 9459, be approved, with the condition that left-turn lanes on Tippecanoe Avenue at Rosewood Drive for northbound and southbound traffic be maintained; and that the Director of Public Works/City Engineer be authorized to advertise for bids. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 1622 Guthrie Street, San Bernardino, CA, stated that he would soon be circulating a petition which would demand random drug testing of all law enforcement officers in San Bernardino County. RES. 97-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER. (23) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-17 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9606 - INSTALL STREET LIGHTS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (Discussed later in the meeting - page 12) (24) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 13, 1997, requesting approval of plans and authorization to advertise for bids for the installation of street lights at various locations throughout the city. Council Member Devlin suggested holding off on this item until after the outcome of the special election on March 18; however, Acting City Administrator Wilson pointed out that these funds had already been budgeted and approved in this year's budget. 11 1/27/1997 Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the plans for installation of street lights at various locations, in accordance with Plan No. 9606, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: Council Member Devlin. Absent: None. (Note: Council Member Curlin changed his vote to a "no" later in the meeting.) APPROVE PLAN NO. 9610 - PLACE FINAL ONE-INCH OF PAVEMENT - HOSPITALITY LANE, FROM GAGE CANAL TO TIPPECANOE AVENUE - AUTHORIZE ADVERTISEMENT FOR BIDS (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 13, 1997, requesting approval of plans and authorization to advertise for bids for placing the final one-inch of pavement on Hospitality Lane, from Gage Canal to Tippecanoe Avenue. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for placing the final one-inch of pavement on Hospitality Lane, from Gage Canal to Tippecanoe Avenue, in accordance with Plan No. 9610, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 97-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. (26) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-18 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9606 - INSTALL STREET LIGHTS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (Discussed earlier in the meeting - page 11) (24) Council Member Curlin requested that his vote on Agenda Item No. 24 be changed from a "yes" to a "no." Therefore, the motion carried by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Anderson, Miller. Nays: Council Members Curlin, Devlin. Absent: None. 12 1/27/1997 APPROVE PLAN NO. 9460 - IMPROVE 40TH STREET, FROM THIRD AVENUE TO ACRE LANE - AUTHORIZE ADVERTISEMENT FOR BIDS (27) Roger Hardgrave, Director submitted a Staff Report dated improvement of Fortieth Street, of Public Works/City Engineer, January 13, 1997, regarding the from Third Avenue to Acre Lane. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for the improvement of Fortieth Street, from Third Avenue to Acre Lane, in accordance with Plan No. 9460, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE CONTRACT CHANGE ORDER NO. ONE - TRAFFIC SIGNAL & STREET IMPROVEMENTS TIPPECANOE AVENUE REDLANDS BOULEVARD TO HOSPITALITY LANE - PLAN NO. 8888 - $41,000 - HOLLAND-LOWE CONSTRUCTION, INC. (28) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 2, 1997, regarding Contract Change Order No. One to the contract with Holland-Lowe Construction, Inc., relative to traffic signal and street improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospitality Lane. Director Hardgrave explained that since this project was begun three or four years ago a second project has been started, and some of the construction work involving both projects can be completed more cost effectively at the present time rather than waiting until later; secondly, there were three underground conduits that the contractor hit during construction that no one was aware of. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that Change Order No. One to the contract with Holland-Lowe Construction, Inc., for traffic signal and street improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospitality Lane, in accordance with Plan No. 8888, be approved; to authorize the installation of a storm drain on the northeast corner of I-I0 Freeway at Tippecanoe Avenue, the installation of two catch basins at Laurelwood Avenue, and the relocation and installation of electrical components at various locations, at an estimated cost of $41,000 from $326,419.45 to $367,419.45. RECESS MEETING At 9:54 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:01 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 13 1/27/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. PUBLIC HEARING RESOLUTION PARCELS OF REAL PROPERTY REGISTRATION FEES IMPOSING LIENS UNCOLLECTED CERTAIN BUSINESS (20) City Clerk Rachel Clark submitted a Staff Report dated January 8, 1997, regarding the imposition of liens on property located within the city of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. No comments were received from the public. RES. 97-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (20) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 97-19 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. PUBLIC HEARING - VACATE A PORTION OF CLUB CENTER DRIVE, EAST OF CLUB WAY (eontinued from January 13, 1997) (21) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 22, 1997, regarding the vacation of a portion of Club Center Drive, east of Club Way. Deputy City Attorney Empeno submitted a memorandum dated January 22, 1997, addressed to the Mayor and Common Council, wherein he stated that, "The proposed street vacation, as submitted to the Council on January 13, 1997, would clearly eliminate the Riverside properties access to Club Center Drive." He also stated that, "Adoption by the Council of the proposed street vacation as originally submitted would violate state law. " Mayor Minor opened the hearing. 14 1/27/1997 Jerry Bieber, 2225 Club Way, San Bernardino, CA, owner of Econo Lube and Tune, expressed support of the vacation as originally planned, stating that he would like to see Price Costco continue to operate at their current location. The following individuals expressed opposition to the vacation as originally proposed, but were in general support of the compromise proposed by staff which would move the easterly terminus of the proposed vacation 86 feet to the west: Robert Sams, Assistant City Attorney for the City of Riverside, deferred to Kathi Head, Real Property Services Manager, City of Riverside. She stated that their concern was not with the existing access, but with future access in the event the properties are separated or split apart. A letter from Ms. Head to Roger Hardgrave, Director of Public Works/City Engineer, dated January 23, 1997, was submitted into the record. Said letter requested 1) provision of a "knuckle" at the eastern terminus of the vacation, 2) provision of an engineer's drainage study to assess potential drainage problems, 3) driveway openings off both the eastern and western terminus of Club Center Drive in order to mitigate circuitous access, and 4) that the City of San Bernardino provide assurances in the form of a legal document that the eventual length of the future "dead-end" street is acceptable to the City of San Bernardino. Bill Murray, William Murray and Associates, civil engineers and land surveyors, spoke on behalf of SHACO, INC., owner of parcels 2 and 3 of Parcel Map 11148, whose tenants include Staples, Wickes Furniture and Woodenships Waterbeds. Mr. Murray stated that they are in agreement with the City of Riverside and are requesting that a cul-de-sac be provided at the eastern terminus of the vacation, solely on the Costco property and access provided along the alignment of the proposed vacation. A letter dated January 22, 1997, from Charles Lederman, Executive vice President, SHACO, INC., addressed to the Mayor and Common Council, the City Attorney's Office, the City Clerk's Office, and the Public Works Department, stated their opposition to the vacation of Club Center Drive and outlined certain facts, concerns, and suggestions to mitigate damage to Shaco properties and its tenants should the vacation be approved. Attached to said letter were protest letters from Wickes Furniture, Woodenships Waterbeds, and The Pool Club. City Attorney Penman informed the Council that staff had performed a review of this matter, and the City of Riverside's representative was correct in terms of the legal rights and documents Riverside has. He stated that the Public Works Department had responded accordingly and had agreed to reduce the vaction by 86 feet; and that was all the City was legally required to do. 15 1/27/1997 Mr. Penman stated that when the City reaches the point where plans are being drawn to construct said street, that would be the time to address the knuckle; that the City Engineer may wish to talk to Riverside regarding drainage issues if he thinks it is prudent; that the City is under no obligation to give any changed access; and as for the request for another declaration of intention or other such legal document, he saw no reason why the City of San Bernardino should legally commit itself to anything at the present time that we are not required to commit to. Merv Simchowitz of the Sunset Group stated he agreed with the sentiments expressed by City Attorney Penman as they relate to the legality of what the City is trying to achieve. He stated that basically what now exists is a 22-foot alleyway and a 36-foot right-of-way. What Costco has agreed to do is not only give the 64 feet being requested by the City of Riverside, but an extra 22 feet, which resolves all of the issues. He noted that some of the opposition centered on the fact that impulse buying would be curtailed at some of the retail stores if this vacation was approved; however, most people do not impulse buy for furniture or waterbeds. Director Hardgrave reiterated that in response to the concerns expressed by the City of Riverside at the previous meeting, staff had reviewed the matter and had eliminated the easterly 86 feet from the proposed vacation, which would allow the City of Riverside the same legal access they now have, prior to the vacation; and the resolution had been amended accordingly. He stated that there could be a problem with the cul-de-sac; however, staff would reconsider this at the time plans are submitted. RES. 97-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF CLUB CENTER DRIVE, EAST OF CLUB WAY AND RESERVING EASEMENTS FOR THE CITY OF SAN BERNARDINO FOR SANITARY SEWER, WATERLINES, STREET LIGHTING CONDUITS, DRAINAGE AND FOR SOUTHERN CALIFORNIA EDISON FOR ELECTRICAL FACILITIES. (21) Council Member Oberhelman made a motion, seconded by Council Member Arias, that the hearing be closed; that the findings of fact as set forth in the Staff Report from the Director of Public Works/City Engineer, as to why a portion of Club Center Drive, east of Club Way, is no longer necessary for public purposes, be approved; and that said resolution, as revised by the Public Works Department, be adopted. The motion carried, and Resolution No. 97-20 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 16 1/27/1997 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3887 - 100 WEST HOSPITALITY LANE - MANTA MANAGEMENT (Continued from January 13, 1997) (22) Council Member Negrete made a mo~ion, Member Anderson, and unanimously carried, continued to the Mayor and Council meeti~g of 10:00 a.m. seconded by Council that the matter be February 17, 1997, at APPROVE IN CONCEPT - PROPOSED RESTRUCTURE - DEVELOPMENT AGENCY (IVDA) & SAN BERNARDINO AIRPORT AUTHORITY (SBIAA) BOARDS INLAND VALLEY INTERNATIONAL (51) Timothy Sabo, special counsel to the Economic Development Agency, submitted a Staff Report dated January 27, 1997, recommending that the Mayor and Council approve in concept the proposed restructuring of the Inland Valley Development Agency (IVDA) and the San Bernardino International Airport Authority (SBIAA) boards. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve in concept the proposed restructuring of the Inland Valley Development Agency and the San Bernardino International Airport Authority with the inclusion of the veto power with the limitations as set forth in the attached Staff Report dated January 27, 1997, from Timothy Sabo, Economic Development Agency Special Counsel. MEASURE S - SPECIAL TAX FOR POLICE & FIRE PROTECTION - REPORT BY CITY ATTORNEY (S2) City Attorney Penman submitted a Staff Report dated January 22, 1997, which contained a synopsis of previous Council actions relative to Measure S and the Special Municipal Election to be held March 18, 1997. Mr. Penman advised Council that no questions or inquiries had been formally presented to the City Attorney's Office. Discussion ensued regarding the exemptions for the elderly and where these exemptions are specifically addressed in the ordinance. Concern was also expressed regarding spending public time and money in supporting and/or opposing ballot measures. City Attorney Penman stated that on page 3 of the ordinance it was written that those exemptions allowed under state law would be applicable to the city, also. It was noted, however, that these exemptions must be pursued and applied for by the elderly, blind, and poor just like any other exemption that anyone else would be entitled to--it will not happen automatically. 17 1/27/1997 Mr. Penman also pointed out that staff has been very cognizant of the manner in which they have answered questions and presented information relative to Measure S; that they have done so carefully and precisely without any partisanship. Ralph Hernandez, 2160 West Rialto Avenue, San Bernardino, CA, stated that even if you apply for the exemption, you may only be exempt from a portion of the tax- -that there are thousands of people who are not going to be exempt. He maintained that this is merely political propaganda. There was no further discussion on this matter. RECESS MEETING At 10:48 a.m., Mayor Minor declared a ten-minute recess. RECONVENE At 11:01 meeting of the Commission. MEETING a. m., Mayor Minor reconvened the j oint regular Mayor and Common Council and Community Development ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. 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 11:01 a.m., Chairman Minor 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. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing 18 1/27/1997 Authority/San Bernardino Park Acquisition Joint Powers Financing .Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. At this time, the Mayor and Council, Development Commission, took action on Commission items. acting as the Community Community Development RECESS MEETING At 11: 18 a. m., the j oint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:00 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken following being present: Curlin, Arias, Oberhelman, Attorney Empeno, City Clerk Wilson. Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; Deputy City Rachel Clark, Acting City Administrator PUBLIC HEARING - APPROVE - TENTATIVE TRACT NO. 15650 (78 LOT SUBDIVISION) - GENERAL PLAN AMENDMENT NO. 96-05 - CHANGE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM, TO CG-l, COMMERCIAL GENERAL - NORTHEAST CORNER - NINTH STREET & TIPPECANOE AVENUE - DAVE MYLNARSKI (31) Michael Hays, Director of Planni:"lg and Building Services, submitted a Staff Report dated January 7, 1997, regarding approval of Tentative Tract No. 15650 (a 78-1ot subdivision) and General Plan Amendment No. 96-05, which wo~ld change the land use designation from RM, Residential Medium, to CG-l, Commercial General, on a 27.1 acre parcel located at the northeast corner of Ninth Street and Tippecanoe Avenue. Mayor Minor opened the hearing. Director Hays explained that the applicant is requesting approval of Tentative Tract No. 15650 to subdivide 27.1 acres into 78 single-family lots with a remaining 5.24 acre parcel intended for future commercial purposes. He stated that normal.ly the tentative tract would not come before the Council for approval; however, in this particular case the tentative tract and general plan amendment were filed concurrently. 19 1/27/1997 Dave Mylnarski, Bonadiman Engineers, 680 South Waterman Avenue, San Bernardino, CA, answered questions regarding the price range of the homes, the proposed building schedule, and when the proposed commercial development would commence. RES. 97 -21 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (31) 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 adopts the negative declaration and approves General Plan Amendment No. 96-05, and approves Tentative Tract No. 15650, based on the findings of fact and subject to the conditions of approval and standard requirements. The motion carried, and the following vote: Ayes: Oberhelman, Devlin, Anderson, Absent: None. Resolution No. 97-21 was adopted by Council Members Negrete, Curlin, Miller. Nays: Council Member Arias. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:13 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. ~ PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 96-11 CHANGE LAND USE DESIGNATION FROM CG- 2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY - 13.77 ACRES - 1049 BASELINE STREET - SIBILIO PARTNERSHIP (32) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated January 7, 1997, regarding a request to change the land use designation from CG-2, Commercial General, to CH, Commercial Heavy, on 13.77 acres of land located on the south side of Baseline Street between I-215 and "L" Street. Mayor Minor opened the hearing. Director Hays explained that General Plan Amendment No. 96-11 would allow future expansion to the existing San Bernardino Farmdale Creamery facility. He stated that no opposition had been received; that the applicants currently have a legal nonconforming use and have been at this location for many years. Mayor Minor expressed his support of this project. RES. 97-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-11 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (32) 20 1/27/1997 Council Member Miller made a motion, seconded by Council Member Negrete, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 96-11. The motion carried, and Resolution No. 97-22 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that the comments quoted by Council Member Curlin earlier in the meeting regarding statements he had made relative to the upcoming Mayor's race had been quoted out of context. Mr. Penman proceeded to read portions of the article. ADJOURNMENT (33) At 2:19 p.m., the joint regular meeting adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, February 3, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By RACHEL G. CLARK City Clerk ~~~ Deputy City Clerk No. of Items: 36 No. of Hours: 3.5 21 1/27/1997