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HomeMy WebLinkAbout03-03-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 3, 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 8:01 a.m., Monday, March 3, 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: City of San Bernardino vs. County of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 24812; Workers Compensation Appeals Board No. 95 SBR 0261299. RECESS MEETING - CLOSED SESSION (l&Sl) At 8: 02 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): Reynolds vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 33562; County of San Bernardino vs. City of San Bernardino. et al. - California Supreme Court Case No. S050179; Gary Turner vs. Citv of San Bernardino. et al. - San Bernardino Municipal Court Case No. SBCI 30061; Robert Dupee. et al. vs. Citv of San Bernardino et al. - San Bernardino Superior Court Case No. SCV 28025. 1 3/3/1997 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. CLOSED SESSION At 8:02 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 Deputy City Attorney Simmons, Deputy City Attorney Aldstadt, Margaret Scroggin, Administrative Operations Supervisor, and Edna Anderson, Legal Secretary I, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas 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. SENIOR DEPUTY At 8:15 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the ADJOURN CLOSED SESSION At 8:22 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:03 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 following being Curlin, Arias, was taken by City Clerk Rachel Clark with the present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; Senior 2 3/3/1997 Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Reverend Kendall C. Baker, First Congregational United Church of Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. APPOINTMENTS - THOMAS M. DAVIS - CENTRAL CITY PARKING PLACE COMMISSION - COUNCIL MEMBER ARIAS (2) Mayor Minor submitted a Staff Report dated February 19, 1997, recommending the appointment of Thomas M. Davis to the Central City Parking Place Commission, as requested by Council Member Arias. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Thomas M. Davis to the Central City Parking Place Commission, as requested by Council Member Arias, be approved. PROCLAMATION - CITY COMMISSIONERS RECOGNITION DAY - MARCH 5, 1997 (3) - J. Lorraine Velarde, Executive Assistant to the resolution proclaiming March 5, 1997, as City Recognition Day within the City of San Bernardino. Mayor, read a Commissioners Jordan Grinker, Chairman of Stand Up For San Bernardino, accepted the proclamation and announced that a breakfast will take place at 7:00 a.m., March 5, 1997, at the Radisson Hotel to honor the city's commissioners who volunteer thousands of hours in support of the city. PROCLAMATION - MONTH OF MARCH - WOMEN'S HISTORY MONTH - WOMEN OF ACHIEVEMENT COMMITTEE (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the month of March as Women's History Month within the City of San Bernardino. Hazel Johns-Chandler, Women of Achievement Committee, accepted the proclamation and invited everyone to attend the Women of Achievement Luncheon to be held on March 20, 1997, at 11:30 a.m., at the Radisson Hotel. PROCLAMATION PAGEANT DAY MARCH 8, 1997 MISS SAN BERNARDINO (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming March 8, 1997, as Miss San Bernardino 3 3/3/1997 Pageant Day within the City of San Bernardino. Cathy DeMaio of the San Bernardino Convention and Visitors Bureau accepted the proclamation and presented the Miss San Bernardino contestants. PRESENTATION TO THE CITY - PIONEER FIRE MUSEUM 1997 ROSE PARADE PLAQUE (3) Steve Shaw and Allen Bone of the Pioneer Fire Museum presented Mayor Minor with a 1997 Rose Parade Plaque in recognition of the city's participation in the restoration of the hose wagon. Mayor Minor accepted the plaque and stated that tours Pioneer Fire Museum are conducted by appointment only. telephone number is 885-6280, and the museum is located at Boyd, San Bernardino, CA. of the Their 247 S. PRESENTATION LEGION POST 106 16, 1997. CERTIFICATE OF RECOGNITION DISTRICT - ORATORICAL CONTEST - AMERICAN FEBRUARY (3) Donald Boucher, American Legion Post 107 District, acknowledged the following students who participated in the oratorical contest sponsored by the 106 District of the American Legion on February 16, 1997: Thalia Isen, Redlands High School - 1st Place Philip Moreno, San Bernardino High School - 2nd Place Karyn Dest, Rim of the World High School - 3rd Place Brandon Briones, Eisenhower High School - 4th Place Mayor Minor presented each student with his/her certificate of recognition. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson announced that today is her first-year anniversary as Council Member of the Sixth Ward, expressed her content in representing the city, wished that next year she can say that San Bernardino is a safe place to live and encouraged residents to vote "yes" on Measure S. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that he is going to miss Phil Arvizo, Executive Assistant to the Council, and extended his best wishes. 4 3/3/1997 ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman reiterated Council Member Devlin's sentiments and wished Council Members Arias and Anderson "a happy anni versary . " ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias encouraged the public to submit resumes for representation of the Third Ward in the various city boards, bureaus, committees and commissions. She also congratulated Jaime Alvarez for receiving the Entrepreneur of the Year Award. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin wished Phil Arvizo well and acknowledged his successor, Jorge Carlos. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete acknowledged the clerical staff within the Council Office, stated that Phil's replacement is progressing well and reassured the public that the Council Office will continue to provide excellent service. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark reminded registered voters that the deadline for submitting absentee ballot applications is March 11, 1997. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 #439 Sterling Avenue, San Bernardino, CA, requested that when staff considers the installation of traffic signals, that they consider audible signals. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, Committee, 1482 E. concern that the public's requests. Chairman of the South San Bernardino Residents Davidson Street, San Bernardino, CA, expressed legislati ve body could boldly disregard the PUBLIC COMMENTS - ANGIE VASSILAKOS (5) Angie Vassilakos, Miss San Bernardino contestant, thanked The Sun newspaper for hosting the Cajon/Pacific High School game and stated that she is selling tickets for the March 8, 1997 pageant. 5 3/3/1997 PUBLIC COMMENTS - BOBBY OQUENDO (5) Bobby Oquendo, 3094 N. Central Avenue, thanked Executive Assistant to the Council Council staff for all of their hard work. San Bernardino, CA, Phil Arvizo and the WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. CLAIMS & PAYROLL (10) Council Member Curlin 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 February 25, 1997, from the Director of Finance be approved. RES. 97-58 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BAKERSFIELD WELL & PUMP COMPANY, INC., FOR FURNISHING AND INSTALLING PUMP EQUIPMENT FOR TWO NEW WATER WELLS AT SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT. (12) .- RES. 97-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GRBAVAC CONSTRUCTION, INC., FOR INSTALLATION OF A SEWER MAIN IN BELVAN STREET, FROM OLIVE STREET TO BASE LINE STREET. (13) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-58 and 97-59 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-60 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO DIETERICH INTERNATIONAL TRUCK SALES, INC., FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1997 INTERNATIONAL JET RODDER SEWER TRUCK TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-13. (7) 6 3/3/1997 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A COOPERATIVE/PIGGYBACK PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF FOUR (4) 1997 CHEVROLET 1/2 TON MINI PICK-UP TRUCKS TO BE UTILIZED BY THE PUBLIC WORKS, FACILITIES MANAGEMENT, AND PLANNING & BUILDING DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09-C. (8) RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A COOPERATIVE/PIGGY BACK PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF TWO (2) 1997 FORD 3/4 TON PICK-UP TRUCKS WITH SERVICE BODY TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-09- B. (9) Concern was expressed regarding the bid process and the city's fleet. Jim Howell, Director of Public Services, answered questions regarding the city's inventory of pickup trucks. The Council voiced concern regarding the impact of Proposition 218 and requested that vehicle purchas~ng be placed on hold until the city realizes the impact of Measure S, a special police and fire safety tax. Robert Neves, 2348 #439, Sterling Avenue, San Bernardino, CA, questioned whether the funds were being properly allocated since within the previous two years a pickup truck had been purchased and the city's sewer fleet equates to three vehicles. Director Howell answered questions concerning the number of city sewer crews and the longevity of the sewer trucks and noted the number of claims filed as a result of backup sewer. A discussion was held relative to the necessity of the additional jet rodder sewer truck. John Murphy, Purchasing Manager, Finance Department, answered questions concerning the bid process. Council Member Devlin made a motion, Member Anderson, that Item No. 7 be adopted; and 9 be continued to the Mayor and Council 1997. seconded by Council and that Item Nos. 8 meeting of April 7, The motion carried and Resolution No. 97-60 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 7 3/3/1997 PERSONNEL ACTIONS (11) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 20, 1997, 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. MEASURE S - TAX - MARCH ATTORNEY QUESTIONS & ANSWERS - POLICE & FIRE SAFETY 18, 1997 SPECIAL ELECTION - REPORT BY CITY (14) Huston T. Carlyle, Senior Assistant City Attorney, submitted a Staff Report dated February 20, 1997, concerning the police and fire safety special tax, Measure S. Former Fire Chief William Wright submitted a letter dated February 28, 1997, concerning the audit conducted on the Fire Department. Senior Assistant City Attorney Carlyle answered questions regarding the longevity of Measure S, its application on businesses and explained how the Fire Department was included and the actions that can be taken to terminate the proposed tax. The following individuals expressed opposition to Measure "S" because they felt the city did not adequately address the formulation and application of the proposed public safety tax: Bob Lien, 1833 Kenwood, San Bernardino, CA. Bill Rogers, 1482 E. Davidson Street, San Bernardino, CA. Susan Lien, 1833 Kenwood, San Bernardino, CA. Gil Navarro, Regional Director of the Mexican American Political Association, 3243 Arlington Avenue #291, Riverside, CA. Elliott Livingston, owner of property within San Bernardino, 1361 Susan Avenue, Redlands, CA. Ted Humann, 1643 Gould Street, San Bernardino, CA. Mary Francis Aguilera, a resident of San Bernardino, CA. Tim Prince, Chairman of No On S Government, San Bernardino, CA. Citizens for Effective The following individuals expressed support for the passage of the proposed public safety tax, Measure "S": 8 3/3/1997 william Harrison, Jr. 4675 Woodbend Lane, San Bernardino, CA. Patricia Campbell, 407 E. Gilbert, San Bernardino, CA. Gregory Brittain, 330 North "D" Street, Suite 300, San Bernardino, CA. Robert Rego, 853A Lynwood, San Bernardino, CA. Freddie Spellacy, 3420 Beverly Drive, San Bernardino, CA. Ken Moseley, owner of property wichin San Bernardino, P. O. Box 205, Yucaipa, CA. Police Captain Bob Curtis. Lloyd Roberts, President of the Northend Neighborhood Association, San Bernardino, CA. James Penman, 221 E. Marshall Boulevard, San Bernardino, CA. Skip Kulikoff, President of the San Bernardino Firefighters Association. Richard submitted a President of Lewis! letter Almont 5328 Park Lane, San Bernardino, CA, and dated February 28, 1997, from Jim Sparr, Associates, Inc., P. O. Box 338, Almont, CO. David Schulze, Board of Realtors, San Bernardino, CA. Steve Lopez, 25825 Alto Drive, San Bernardino, CA. Isabel Monroy, 16810 Village Lane, Fontana, CA. Brian Preciado, 1660 E. Echo Drive, San Bernardino, CA. Steve Filson, President of the Police Officers Association. Warren Cocke, 2875 Valencia, San Bernardino, CA. Jeannette Vassilakos, a resident of San Bernardino. Trisha Gregg, 3545 Mt. View Avenue, San Bernardino, CA. Bobby Oquendo, 3094 N. Central Avenue, San Bernardino, CA. Ralph Affataiti, 393 W. Athol, San Bernardino, CA. Judi Thompson, Director of the San Bernardino Chamber of Commerce, 2875 San Gabriel, San Bernardino, CA. 9 3/3/1997 Father Patricio Guillen, 972 N. Mt. Vernon, San Bernardino, CA, expressed concern for the imposition of higher taxes and its impact on low-income residents. There was no further action taken on this matter. RECESS MEETING At 11:36 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:42 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, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Planning and Building Services Director Hays. Absent: Council Member Curlin. APPEAL HEARING PLANNING COMMISSION'S APPROVAL TENTATIVE TRACT NO. 15775 - REVERSION TO ACREAGE - 48.1 ACRES NORTH OF FOOTHILL BOULEVARD, SOUTH OF DALEY CANYON ROAD, WEST OF STERLING & EAST OF OSBUN ROAD - RON KEMPER, CRAWFORD INVESTMENT COMPANY (29) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated February 20, 1997, concerning an appeal of the Planning Commission's approval of Tentative Tract No. 15775. Mayor Minor opened the hearing. Director Hays provided a synopsis cE the action taken relative to Tentative Tract No. 15775 and answered questions relative to such. August A. Scherer, 11998 Reche Canyon Road, Colton, CA, expressed opposition to the approval of Tentative Tract No. 15775. Ron Kemper, Crawford Investment Company, 1770 N. Arrowhead Avenue, San Bernardino, CA, opposed the approval of Tentative Tract No. 15775 in that it would release the security agreement imposed for the construction of dedicated Sterling Avenue and the extension of Daley Canyon Road and answered questions relative to such. Senior Assistant City Attorney Carlyle explained that as a result of the adoption of the general plan, the previously approved project could not legally proceed since it exceeded the density requirements. 10 3/3/1997 Pat Meyer, Redlands Federal Bank, expressed support for the approval of Tentative Tract No. 15775. COUNCIL MEMBER ARIAS EXCUSED At 12:11 p.m., Council Member Arias left the Council meeting. Warner Hodgdon, a resident of San Bernardino, requested that the item be continued to April 7, 1997 and voiced concern that the existing 100 homes do not have a secondary, emergency access road. Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council deny the appeal and approve Tentative Tract No. 15775 based upon the findings of fact contained in the Planning Commission Staff Report dated January 13, 1997, from Michael Hays, Director of Planning and Building Services (Exhibit 3). The motion failed by the following vote: Ayes: Members Devlin, Anderson, Miller. Nays: Council Members Oberhelman. Absent: Council Members Curlin, Arias. Council Negrete, Council Member Negrete made a motion, seconded Member Miller, and unanimously carried, that the continued to the Mayor and Council meeting of April 7, by Council matter be 1997. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 96-06 CONDITIONAL USE PERMIT NO. 96-07 AMEND LAND USE DESIGNATION FROM CN, COMMERCIAL NEIGHBORHOOD, TO CG-l, COMMERCIAL GENERAL - SHELL SERVICE STATION - SOUTHWEST CORNER OF CITRUS STREET & DEL ROSA AVENUE A & S ENGINEERING SERVICES (30) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated February 11, 1997, concerning General Plan Amendment No. 96-06 and Conditional Use Permit No. 96- 07. Mayor Minor opened the hearing. Director Hays provided a synopsis of the action taken relative to General Plan Amendment No. 96-06 and Conditional Use Permit No. 96-07. Robert Neves, 2348 #439, Sterling Avenue, San Bernardino, CA, expressed concern regarding handicap accessibility and requested that the development include curb ramps between Carpenter and Citrus. Ahmad Ghaderi, 207 W. Alameda #203, Burbank, CA, inquired about the location of the curb sites. - 11 3/3/1997 George Schnarre inquired about the location of the Director Hays answered questions concerning tht= proposed land use designation change would encompass. parcels. area the RES. 97-61 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (30) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing be closed; that the Mayor and Common Council adopt the resolution which approves the negative declaration and approves General Plan Amendment No. 96-06; that Conditional Use Permit No. 96-07 be approved based on the findings of fact and subject to the conditions of approval; and that curb ramps be included in the conditions of approval for the Conditional Use Permit. The motion carried and Resolution No. 97-61 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Curlin, Arias. RECESS MEETING At 12:26 p.m., Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 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 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 and Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: None. 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., Chairman Minor 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. ~ 12 3/3/1997 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. At this time, the Mayor and Common Community Development Commission, took Development Commission items. Council action acting as the on Community COUNCIL MEMBERS CURLIN & MILLER EXCUSED At 2:58 p.m., Council Members Curlin and Miller left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council, be waived. RES. 97-62 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE. (R4) RES. 97-63 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAMPFIRE BOYS & GIRLS - SAN ANDREAS COUNCIL. (R5A) RES. 97-64 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNSEL ON AGING, INC. (HIGHLAND SENIOR CENTER) . (R5B) RES. 97-65 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARY MERCY CENTER. (R6A) - 13 3/3/1997 RES. 97-66 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VICTORY OUTREACH. (R6B) RES. 97-67 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY. (R6e) RES. 97-68 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICE AGENCY. (R6D) RES. 97-69 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CASA DE SAN BERNARDINO. (R6E) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-62, 97-63, 97-64, 97-65, 97-66, 97-67, 97- 68 and 97-69 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS - COMPLETION OF ENVIRONMENTAL REVIEWS U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) (R7) Ronald Winkler, Agency, submitted concerning various agreements. Development Director, a Staff Report dated Community Development Economic Development February 25, 1997, Block Grant funding Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated Plan and authorize and direct the execution of a Community Development Block Grant (CDBG) funding agreement between the City of San Bernardino and the corresponding agencies. COUNCIL MEMBER CURLIN RETURNED At 2:59 p.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 14 3/3/1997 AUTHORIZE SALE OF MOBILE HOME PARKS NON-PROFIT CORPORATIONS - MOBILE HOME PARK CONVERSION PROGRAM _ FRIENDLY VILLAGE MOBILE HOME ESTATES SEQUOIA PLAZA MOBILE HOME PARK - GLEN AIRE MOBILE HOME PARK - PACIFIC PALMS MOBILE HOME PARK (R8) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated February 26, 1997, concerning the sale of various mobile home parks to non-profit corporations. Mayor Minor opened the hearing. RES. 97-70 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE FRIENDLY VILLAGE MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE FRIENDLY VILLAGE MOBILEHOME PARK CORPORATION. (R8A) RES. 97-71 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE SEQUOIA PLAZA MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE SEQUOIA PLAZA MOBILEHOME PARK CORPORATION. (RSB) RES. 97-72 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE GLEN AIRE MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE GLEN AIRE MOBILEHOME PARK CORPORATION. (RSD) RES. 97-73 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE PACIFIC PALMS MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE PACIFIC PALMS MOBILEHOME PARK CORPORATION. (RSF) Council Member Oberhelman made a Member Anderson, that the hearing resolutions be adopted. motion, seconded by Council be closed; and that said The motion carried and Resolution Nos. 97-73 were adopted by the following vote: Negrete, Curlin, Arias, Oberhelman, Devlin, Absent: Council Member Miller. 97-70, 97-71, 97-72 and Ayes: Council Members Anderson. Nays: None. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & SPECIAL COUNSEL SABO EXCUSED At 3:01 p.m. Economic Development Agency Administrator Steinhaus and Special Counsel Sabo left the Council meeting. 15 3/3/1997 SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:01 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. ACTING CITY ADMINISTRATOR WILSON RETURNED At 3:01 p.m., Acting City Administrator Wilson returned to the Council meeting. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor provided an update of the emergency medical transportation service. COUNCIL MEMBER MILLER RETURNED At 3:02 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010 AUTHORIZING PARKING CONTROL CHECKERS EMPLOYED BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE STATUTES PURSUANT TO CALIFORNIA PENAL CODE SECTION 836.5. First (15) Council Member Oberhelman made a motion, seconded Member Anderson, that said ordinance be laid over adoption. by Council for final City Attorney Penman requested that the matter be tabled. Council Member Devlin made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF...," TO ESTABLISH A NO PARKING ANY TIME/TOW AWAY ZONE ON CITRUS STREET FROM VICTORIA AVENUE TO ROADRUNNER COURT. (16) NOTE: The resolution was not provided to the City Clerk's Office; therefore, it will not be available in the backup. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 17, 1997. 16 3/3/1997 REJECT BID - AUTHORIZE DEPOSIT REFUND - $92,652 - SALE OF PIONEER CEMETERY - LOEWEN GROUP INTERNATIONAL, INC. (17) Roger Hardgrave, Director of Public WorkS/Engineering, submitted a Staff Report dated February 20, 1997, requesting authorization to reject the bid and refund the deposit submitted by Loewen Group International, Inc., for the sale of the Pioneer Cemetery. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the bid from Loewen Group International, Inc., in the amount of $926,513 for the purchase of the pioneer Cemetery be rej ected; and that authorization be granted to return the bid deposit of $92,652.00. APPROVE PLACEMENT OF DIRECTORY SIGNS UNIVERSITY PARKWAY & NORTH PARK BOULEVARD MEDIANS - PREPARE STANDARD FORM LICENSE AGREEMENT - CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO (18) Roger submitted placement Northpark Hardgrave, Director of Public Works/Engineering, a Staff Report dated February 19, 1997, concerning the of directory signs in the University Parkway and Boulevard medians. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request by California State University, San Bernardino for authorization to place a directory sign in the University Parkway median and two (2) directory signs in the Northpark Boulevard median be approved with the $500 fee; and that the City Attorney be directed to prepare a standard form license agreement to authorize the installation of these signs in the public street rights-of-way. APPROVE PLAN NO. 9641 - REHABILITATE & WIDEN PAVEMENT _ MT. VIEW AVENUE, FROM ROUTE I-IO TO MISSION CREEK CHANNEL - AUTHORIZE ADVERTISEMENT FOR BIDS (19) Roger Hardgrave, Director of Public WorkS/Engineering, submitted a Staff Report dated February 17, 1997, concerning the rehabilitation and widening of pavement on Mt. View Avenue, from Route I-IO to Mission Creek Channel. Robert Neves, 2348 #439 Sterling Avenue, San Bernardino, CA, requested that curb ramps be installed. Mayor Minor directed Public Works/City Engineer Roger Hardgrave to include in said proj ect the installation of curb ramps. Council Member Negrete made Member Devlin, and unanimously a motion, carried, seconded by Council that the plans for 17 3/3/1997 pavement rehabilitation and widening of Mt. View Avenue (west side) from Route I-I0 to Mission Creek Channel, in accordance with Plan No. 9641, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 97-74 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND JULIA ALVAREZ AND LAURA BREMER IN REGARD TO THE BOARDING, CARING, AND FEEDING OF THREE HORSES IN THE CUSTODY AND CONTROL OF THE CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL CONTROL. (20) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-74 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 97-75 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CIVIC COLLECTIONS, INC. , RELATING TO ANIMAL LICENSE CANVASSING AND COLLECTION SERVICES. (21) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-75 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, WAIVE FEES - $496.61 - STREET PARTY - MARCH 15, 1997 _ EASTER SEAL SOCIETY OF INLAND COUNTIES (22) Fred Wilson, Acting City Administrator, submitted a Staff Report dated February 24, 1997, concerning a request from the Easter Seal Society of Inland Counties for a waiver of fees in the amount of $496.61 for a street party to be held on March 15, 1997. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the waiver of fees in the amount of $496.61 for the conduct of a street party on March 15, 1997 to benefit the Easter Seal Society of Inland Counties be approved. RES. 97-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STAT PHYSICIANS' SERVICE TO PROVIDE BILLING SERVICES FOR THE COLLECTION OF FEES FOR EMERGENCY MEDICAL AND TRANSPORT SERVICES. (23) 18 3/3/1997 Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: There was no vote taken.) Pat Scott, Co-owner and President of Stat Physicians' Service, 2601 Del Rosa Avenue, San Bernardino, CA, gave a synopsis of the services they have rendered to the city and noted that as a result the city's revenue has increased. COUNCIL MEMBER CURLIN EXCUSED At 3:12 p.m., Council Member Curlin stated that he would be abstaining from the vote as a result of his medical profession and left the Council meeting. Skip Kulikoff, President of Association, expressed support resolution. San Bernardino Firefighters and urged approval of said A discussion was held concerning the proposed three-year term of the contract. Council Member Negrete made a substitute motion, seconded by Council Member Devlin, that said resolution be adopted; and that the contract be approved for a period of one year with the option to approve annually, and that the City Administrator be replaced with the Mayor, page three, lines 15, 16 and 18 of said agreement. (Note: There was no vote taken.) Discussion ensued concerning original request for proposal and agreement. the the specifications proposed term of of the the Council Member Anderson made a motion, seconded by Council Member Arias, that said resolution be adopted; and that said agreement be approved for three years, with one complete year and two one-year rollovers contingent upon the satisfaction of the city (page three, item eight) and that page three, item nine of said agreement be changed to delete any references to the City Administrator and supplant with the Mayor. The motion carried and Resolution No. 97-76 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: Council Member Curlin. 19 3/3/1997 RES. 97-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 89-129, RESOLUTION ESTABLISHING MANAGEMENT AND CONFIDENTIAL COMPENSATION AND BENEFITS PLAN, AMENDING SECTION H. PERS, AND ADDING SECTION V. UNIFORM ALLOWANCE AND SECTION W. POST REIMBURSEMENT FOR POLICE SAFETY MANAGEMENT EMPLOYEES, EFFECTIVE AS OF JULY 1, 1997, CONCURRENT WITH COUNCIL APPROVAL OF THE FISCAL YEAR 1997-98 CITY BUDGET. (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-77 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RECEIVE & FILE - MANAGEMENT/CONFIDENTIAL COMPENSATION STUDY - RALPH ANDERSEN & ASSOCIATES (25) Barbara Dillon, Director of Report dated February 20, management/confidential compensation Andersen & Associates. Personnel, 1997, study submitted a concerning conducted by Staff the Ralph ~ Debi Biggs, President of the San Bernardino Confidential/ Management Association, introduced Doug Johnson from Ralph Andersen & Associates. Doug Johnson, Ralph Andersen & Associates, explained the criteria used for the salary survey and answered questions relative to such. COUNCIL MEMBER CURLIN RETURNED At 3:47 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Concern was expressed regarding the comparisons made in the study in that the classifications surveyed may not adequately reflect the services that are indicative of our city. Council Member Oberhelman made a Member Anderson, and unanimously management/confidential compensation Andersen & Associates be received and motion, seconded by Council carried, that the draft study conducted by Ralph filed. RES. 97-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HILTON, FARNKOPF AND HOBSON, LLC, TO CONDUCT A FEASIBILITY STUDY FOR A MATERIAL RECOVERY FACILITY AND TRANSFER STATION AND PREPARATION OF A REQUEST FOR PROPOSAL DOCUMENT. (26) 20 3/3/1997 A discussion ensued concerning the feasibility of taking action now in light of the potential budget deficit. Lynn Merrill, Recycling Environmental Manager, Public Services, answered questions regarding the time line for the study. Council Member Miller made a mction, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-78 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: None. RES. 97-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS RELATING TO THE USE OF PALM FIELD FOR RECREATIONAL PURPOSES. (27) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-79 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-S0 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING A STRIP PARCEL OF LAND KNOWN AS PARCEL NO. APN 26-131-24 DEDICATED FOR WATER DEPARTMENT USE AS SURPLUS AND GRANTING SAID PARCEL BY QUITCLAIM TO W. R. HOLCOMB IN EXCHANGE FOR A UTILITY EASEMENT DEDICATED FOR WATER DEPARTMENT USE. (28) Joe Stejskal, Water Department, answered questions concerning the objective for the quitclaim deed. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-80 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15777-1, LOCATED ON THE SOUTHEAST CORNER OF RICHARDSON STREET AND COULSTON STREET, 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. (AS1) NOTE: The resolution was not provided to the City Clerk's Office; therefore, it will not be available in the backup. 21 3/3/1997 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued and referred to the next Redevelopment Committee meeting. (Note: There was no date and time specified.) ADJOURNMENT (31) At 4:12 p.m. the joint regular meeting adjourned. The next regular meeting will be held at 8:00 a.m., Monday, March 17, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~WHLd uzanna ordova Deputy City Clerk No. of Items: 39 No. of Hours: 6 & 45 mins. 22 3/3/1997