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HomeMy WebLinkAbout05-05-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 5, 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 8:06 a.m., Monday, May 5, 1997, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Arias, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Negrete, Curlin, Anderson. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: ~ Metropolitan Water District of Southern California vs. San Bernardino County Flood Control District San Bernardino Superior Court Case No. SCV 37086. RECESS MEETING - CLOSED SESSION At 8: 06 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (l) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): County/ICEMA vs. City of San Bernardino - Supreme Court Case No. S 050179; Henderson. Kenneth vs. Economic Development Aqencv. et al. - Court of Appeals Case No. E016303; City of San Bernardino vs. Kav. et al. - San Bernardino Superior Court Case No. SCV 12877. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 5/5/1997 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. CLOSED SESSION At 8:07 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 Arias, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Negrete, Curlin, Anderson. Also present: Senior Assistant City Attorney Simmons, Edna Anderson, Administrative Operations Supervisor, City Attorney's Office, Economic Development Agency Administrator Steinhaus and James OdIum of Mundell, OdIum & Haws, Attorneys at Law, 275 W. Hospitality Lane, San Bernardino, CA. ~ 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 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. COUNCIL MEMBER ANDERSON ARRIVED At 8:09 a.m., Council Member Anderson arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & SPECIAL COUNSEL ODLUM EXCUSED At 8:13 a.m., Economic Development Agency Administrator Steinhaus and Special Counsel OdIum of Mundell, OdIum & Hays, left the closed session. ECONOMIC DEVELOPMENT FEDALEN ARRIVED At 8:13 a.m., Economic Fedalen arrived at the AGENCY SPECIAL COUNSEL SABO & and Development Agency Special Counsel Sabo closed session. ,- 2 5/5/1997 ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO & FEDALEN EXCUSED At 8:26 a.m., Economic Development Agency Special Counsel Sabo and Fedalen left the closed session. ADJOURN CLOSED SESSION At 8:34 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:05 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 Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Negrete, Curlin. INVOCATION The invocation was given by Reverend Kendall C. Baker, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. ~ PRESENTATION - 1996 PROJECT OF THE YEAR AWARD - PUBLIC WORKS ASSOCIATION, SOUTHERN CALIFORNIA RIVERSIDE/SAN BERNARDINO BRANCH AMERICAN CHAPTER, (3) Roger Hardgrave, Director of Public Works/City Engineer, explained that the city was honored with the 1996 Project of the Year Award presented by the American Public Works Association for the improvements constructed on Tippecanoe Avenue, Harry Sheppard Drive and Del Rosa Avenue. Mayor Minor accepted the award and commended staff for their diligence. PRESENTATION - STATE MINING & GEOLOGY BOARD (3) Julie Mann, State Mining and Geology Board, presented an award to the city for its compliance with the Surface Mining & Reclamation Act of 1966. The city is the only one of 15 cities that is in compliance. Mayor Minor accepted the award and acknowledged staff for their hard work. 3 5/5/1997 PROCLAMATION - OLDER AMERICANS MONTH - MAY 1997 (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming the month of May 1997 as Older Americans Month within the City of San Bernardino. Doris Ryder-Ballard, Chairperson of the Commission, accepted the proclamation and thanked service it provides its seniors. Senior Affairs the city for the PROCLAMATION - RETIRED & SENIOR VOLUNTEER DAY - MAY 13, 1997 (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming May 13, 1997, as Retired and Senior Volunteer Day within the City of San Bernardino. Nancy Clatfelter, Coordinator of Volunteers, accepted the proclamation. PRESENTATION - FRED SHEPHERD - 1997 SENIOR CITIZEN OF THE YEAR - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution honoring Fred Shepherd as the recipient of the 1997 Senior Citizen of the Year Award for his dedicated service to the city. The following governmental representatives and/or agencies acknowledged Mr. Shepherd and presented him with a certificate of appreciation: Parks, Recreation and Community Services Department, Senator Ayala, County Supervisor Eaves and United States Senator Barbara Boxer. Fred Shepherd accepted the awards and expressed his gratitude. PROCLAMATION - MAY 4-10, 1997 - TOURISM WEEK (3) Jean Andersen, Director of read a resolution proclaiming Tourism Week within the City of Cultural & International the week of May 4-10, San Bernardino. Affairs, 1997, as Cathy DeMaio of the San Bernardino Convention and Visitors Bureau accepted the proclamation. PROCLAMATION - MAY 1997 - MENTAL HEALTH MONTH (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming the month of May 1997 as Mental Health Month within the City of San Bernardino. 4 5/5/1997 Ruth Mercer, Commissioner, San Bernardino County Mental Health Commission, accepted the proclamation and expressed her concern about the welfare of mental health. COUNCIL MEMBER CURLIN ARRIVED At 9:23 a.m., Council Member Curlin arrived at the council meeting and took his place at the council table. PROCLAMATION - MAY 4-10, 1997 - HIRE-A-VETERAN WEEK (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming the week of May 4-10, 1997, as Hire- A-Veteran Week within the City of San Bernardino. Carlos Alatore, Veterans Employment Representative, State of California Employment Development Department, accepted the proclamation. PROCLAMATION - MAY 14, 1997 - THE DAY OF THE TEACHER (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming May 14, 1997, as The Day of the Teacher within the City of San Bernardino. Alyce Papin, President of the San Bernardino Association, and Doctor Kingsley of the California Teachers' Association, accepted the proclamation. Teachers' Retired PROCLAMATION - MAY 15, 1997 - LAW ENFORCEMENT DAY (3) Jean Andersen, Director of Cultural & International Affairs, read a resolution proclaiming May 15, 1997, as Law Enforcement Day within the City of San Bernardino. Edward "Duke" Hill, President, San Bernardino Area Chamber of Commerce, accepted the proclamation. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias wished the residents of San Bernardino a Happy Cinco De Mayo and stated that the Mexican government has extended her an invitation to visit Mexico and examine their governmental process. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman wished everyone a Happy Cinco De Mayo and announced that it was his pleasure to test drive the future technological vehicle electrical. He expressed his pleasure and appreciation for the opportunity. 5 5/5/1997 ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark acknowledged the passing of former Public Works/Engineering employee, Frances Garcez, and extended condolences to her family. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor provided a synopsis of the action taken to remodel the council chambers and to provide access for the handicapped. PUBLIC COMMENTS - JEFF CARR (5) Jeff Carr, General Unit Employee Representative, San Bernardino Public Employees Association, requested that the Mayor and Council consider extending the regular meeting of May 19 or June 2 to 5:30 p.m. to allow city employees an opportunity to address their concerns regarding the proposed budget-reduction measures. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, a resident of San Bernardino, stated that he would be initiating a petition to require police personnel to have random drug testing and suggested that an investigation be made to determine whether there was any credence. Mayor Minor requested that Mr. Lindberg provide the city with an address so that a complaint form could be forwarded to him and an investigation can be initiated. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, acknowledged the renovations done within the council chambers. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: February 3, 1997, February 17, 1997. 6 5/5/1997 CLAIMS & PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 29, 1997, from the Director of Finance be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated April 28, 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. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (Discussed later in the meeting - page 23) Final (8) It was the consensus of the Mayor and Council that the matter be discussed later in the meeting. ~ RES. 97-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR STREET IMPROVEMENTS ON MT. VIEW AVENUE (WEST SIDE) FROM ROUTE 1- 10 TO MISSION CREEK. (ll) RES. 97-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VANCE CORPORATION FOR PAVEMENT REHABILITATION ON TIPPECANOE AVENUE, FROM ROUTE 1-10 TO HOSPITALITY LANE. (12) Council Member Curlin made a mot ion, seconded by Council Member Oberhelman, that said resolutions be adopted. (Note: There was no vote taken.) Concern was expressed regarding the current budgetary restraints. Roger explained restricted Hardgrave, Director of Public Works/Engineering, that the funds allocated for said projects were and could not be used to balance the General Fund. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested that additional information be provided to him and that curb ramps also be included in future projects. ~ 7 5/5/1997 Council Member Curlin made a substitute motion, seconded by Council Member Arias, that said resolutions be adopted contingent upon imposing curb ramp standards to meet the needs of people with disabilities. The motion carried and Resolution Nos. 97-111 and 97-112 were adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. APPROVE PLAN NO. 9638 - REHABILITATE PAVEMENT - MILL STREET, UNIVERSITY PARKWAY, & WATERMAN AVENUE - AUTHORIZE ADVERTISEMENT FOR BIDS (l4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 23, 1997, concerning pavement rehabilitation on Mill Street, University Parkway, and Waterman Avenue. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the plans for pavement rehabilitation on portions of Mill Street, University Parkway, and Waterman Avenue, in accordance with Plan No. 9638, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. Director Hardgrave answered questions concerning the inclusion of curb ramps. A discussion was held regarding the provisions Americans With Disabilities Act and the resources available installation of future curb ramps. of the for the Council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for pavement rehabilitation on portions of Mill Street, University Parkway, and Waterman Avenue, in accordance with Plan No. 9638, be approved contingent upon imposing curb ramp standards to meet the needs of people with disabilities; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3887 - 100 WEST HOSPITALITY LANE - MANTA MANAGEMENT _ (Continued from February 17, 1997) (13) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated April 29, 1997, concerning the property located at 100 W. Hospitality Lane. Mayor Minor opened the hearing. 8 5/5/1997 Senior Assistant City Attorney Carlyle explained that Walter Tribbey, appellant's attorney, advised him that his client has agreed to conform to the order of the Board of Building Commissioners and a letter to that effect is forthcoming. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 19, 1997. RES. 97-113 - ADOPTING THE PROGRAM. RESOLUTION OF THE CITY OF SAN BERNARDINO 1996/97 TO 2000/01 CAPITAL IMPROVEMENT (15) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Mayor Minor instructed Roger Hardgrave, Director of Public Works/Engineering, to conduct a workshop relative to the Capital Improvement Program and to provide Mr. Neves with a copy of the proposed projects. Resolution No. Ayes: Council Members Miller. Nays: None. 97-113 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. ,~ RES. 97-ll4 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER AGREEMENT FOR FEDERAL-AID PROJECTS, BETWEEN SAID CITY, AS ADMINISTERING AGENCY, AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION; AND RESCINDING RESOLUTION NO. 13220. (l6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. Ayes: Council Members Miller. Nays: None. 97 -114 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. RES. 97-115 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE AGREEMENT TO GRANT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PERMISSION TO INSTALL DIRECTORY SIGNS ON THE NORTH SIDE OF NORTH PARK BOULEVARD AND THE MEDIANS AT NORTH PARK BOULEVARD AND UNIVERSITY PARKWAY IN SAN BERNARDINO. (17) Council Member Miller made a motion, seconded by Council Member Arias, that said resolution be adopted. 9 5/5/1997 Resolution No. 97-115 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. RES. 97-116 APPROVING A BETWEEN THE CITY. - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTAIN MASTER SERVICES AGREEMENT BY AND INLAND VALLEY DEVELOPMENT AGENCY AND THE (18) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. A discussion was held concerning the cost for services and insurance coverage. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested that the Inland Valley Development Agency also be required to adhere to the provisions of the Americans With Disabilities Act. Council Member Oberhelman made a substitute motion, seconded by Council Member Anderson, that said resolution be adopted in concept subject to the negotiation of a cost to cover all incurred expenses and insurance. r-- The substitute motion carried and Resolution No. 97-116 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. WAIVE FEES - $1,462.62 - CARNIVAL - MAY 18, LADY OF ASSUMPTION CHURCH - POLICE SERVICES 1997 - OUR (19) Fred Wilson, Acting City Administrator, submitted a Staff Report dated April 23, 1997, concerning a request from Our Lady of Assumption Church for a waiver of fees in the amount of $1,462.62 for the conduct of a carnival to be held on May 18, 1997. Council Member Devlin stated that he would be abstaining from the vote since he is a member of the parish. A discussion was held concerning the impending budget deficit. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $1,462.62 for police costs connected with a school carnival sponsored by Our Lady of Assumption Church scheduled for May 18, 1997, be denied. The motion carried by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Abstain: Council Member Devlin. Absent: Council Member Negrete. - 10 5/5/1997 RES. 97-1l7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 91-397 TO INCREASE THE SURCHARGE FOR THE RECORDATION OF NUISANCE ABATEMENT LIENS PURSUANT TO AB 3510. (20) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-117 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. RES. 97-118 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 1997, CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (21) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. Ayes: Council Members Miller. Nays: None. 97-118 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. ,~ RECEIVE & FILE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) - JOINT POWERS AUTHORITY - FINANCIAL STATEMENTS & SUPPLEMENTAL INFORMATION - FISCAL YEARS ENDING JUNE 30, 1995 AND 1996 (22) Rachel Clark, City Clerk, submitted a Staff Report dated April 23, 1997, concerning financial statements for the Big Independent Cities Excess Pool for fiscal years ending June 30, 1995 and 1996. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Common Council receive and file the Big Independent Cities Excess Pool (BICEP) financial statements and supplemental information for the fiscal years ending June 30, 1995 and 1996. It was noted that the financial statements were not included in the backup material; and the Council requested a copy of such. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 19, 1997. FINANCING - LEASE AGREEMENTS - 29 POLICE PATROL UNITS- REPORT BY FINANCE DIRECTOR (23) 11 5/5/1997 Barbara Pachon, Director of Finance, submitted a Staff Report dated April 23, 1997, concerning the financing of 29 police patrol vehicles. Fred Wilson, Acting City Administrator, explained that the Finance Director has determined that a budget amendment is not necessary to incur future indebtedness by the city and there is a clause within the agreement that allows the city to terminate the lease if additional funds are not appropriated. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council receive and file the Staff Report dated April 23, 1997, from Barbara Pachon, Director of Finance, relative to the purchase of 29 Crown Victorias to be utilized by the Police Department, which was approved by the Mayor and Common Council on April 21, 1997. RES. 97-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING TRAINING AND/OR PRESCRIBED VEGETATION MANAGEMENT BURNS. (24) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. Ayes: Council Members Miller. Nays: None. 97-119 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. RES. 97 -12 0 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991, CHAPTER 817) FOR THE FOLLOWING PROJECT: CONTINUE EXPANDING USED OIL RECYCLING PROGRAM. (25) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. Ayes: Council Members Miller. Nays: None. 97 -120 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. RECESS MEETING At 10:29 a.m., Mayor Minor declared a thirty-minute recess. RECONVENE MEETING At 11: 03 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardir.o. 12 5/5/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Planning and Building Services Director Hays. Absent: Council Member Negrete. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 96-13 - AMEND LAND USE DESIGNATION - FROM RS, RESIDENTIAL SUBURBAN, & CG-1, COMMERCIAL GENERAL, TO RU-1, RESIDENTIAL URBAN - 14 PARCELS LOCATED BETWEEN MT. VERNON & EUREKA AVENUES, NORTH OF MILL STREET - PETER S. SOLER - (Continued from April 21, 1997) (26) Director of Planning and Building Services Hays answered questions concerning the rationale for including an additional 14 parcels on the request. Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the previous action taken at the Mayor and Common Council meeting of April 7, 1997, to close the public hearing; to deny in concept the request; and to continue the matter to April 21, 1997, for the approval of the findings of fact in support of such, be reconsidered. Mayor Minor opened the hearing. Peter Soler answered questions concerning the rehabilitation completed on said property. Deputy City Attorney Empeno explained that the general plan amendment (GPA) would allow Mr. Soler to continue to use the existing structure as a triplex. Without the GPA, the structure would have to be converted to a single residential home. Director Hays answered questions concerning the permitted uses within the RU, Residential Urban, land use district. Council Member Arias made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 19, 1997. 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 - (Continued from April 7, 1997) (27) Michael Hays, Director of Planning and Building submitted a Staff Report dated April 24, 1997, concerning Tract No. 15775 relative to a reversion to acreage. Services, Tentative 13 5/5/1997 Mayor Minor opened the hearing. Director Hays provided a synopsis of the action taken relative to Tentative Tract No. 15775 and answered questions pertaining to such. Brian Reider, Executive Vice-President, Chief Operating Officer and General Counsel, Redlands Federal Bank, 300 East State Street, Redlands, CA, stated that they are willing to indemnify the city and submitted a letter dated March 25, 1997, confirming his statement. Warner Hodgdon opposed the approval of Tentative Tract No. 15775, requested a copy of Mr. Reider's letter dated April 28, 1997 and submitted seven bound documents concerning primary and secondary emergency access achieved by the Sterling Avenue and Daley Canyon Road which were dedicated on 1/22/86. Council requested that the matter be continued as a result of the documents submitted by Mr. Hodgdon. Deputy City Attorney Empeno stated that the documents appear to be irrelevant and he recommended approval of the matter. Council Member Devlin made a Member Curlin, that the matter be Council meeting of May 19, 1997. motion, seconded by Council continued to the Mayor and Council Member Curlin removed his second, and the motion failed for lack of a second. A discussion was held concerning the documents submitted in support of the denial Tentative Tract No. 15775. relevancy of the of the approval of COUNCIL MEMBER CURLIN EXCUSED At 11:50 a.m., Council Member Curlin left the council meeting. Ron Kemper, Crawford Investment Company, 1770 North Arrowhead Avenue, San Bernardino, CA, submitted a letter dated April 21, 1997, opposing the approval of Tentative Tract Map No. 15775 and stated that he believed that the city could demand the construction of the dedicated Sterling Avenue and Daley Canyon Road. Council Member Devlin made a motion that the matter be continued to the Mayor and Council meeting of May 19, 1997. Council Member Devlin withdrew his motion. Discussion ensued regarding the previous action taken to approve Tentative Tract Nos. 11857-11860 and the adoption of the 14 5/5/1997 General Plan, which nullified said approval because there was no longer a legal application. Council Member Miller 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 on the findings of fact contained in the Planning Commission Staff Report dated January 13, 1997 (Exhibit Three) . The motion carried by the following vote: Ayes: Members Arias, Devlin, Anderson, Miller. Nays: Council Oberhelman. Absent: Council Members Negrete, Curlin. Council Member RECESS MEETING At 12:00 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 2:05 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 2:05 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. 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. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor announced that May 10, 1997, is Community Day at Community Hospital and invited everyone to attend. 15 5/5/1997 AWARD PRESENTATION - INTERNATIONAL DOWNTOWN ASSOCIATION _ IMAGE ENHANCEMENT & BUSINESS SUPPORT PROGRAM MAIN STREET, INC. (R1) Ann Harris, Executive Director, Main Street, Inc., Economic Development Agency, gave a video presentation outlining the second award the city has received from the International Downtown Association for its image enhancement and business support program. Mayor Minor accepted the award and acknowledged staff for their hard work. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions on 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, be waived. ~ RES. 97-121 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (R7) Council Member Negrete made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-121 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. THIRD YEAR - CONSOLIDATED ACTION PLAN - 1997/98 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT PARTNERSHIP ACT (HOME) - EMERGENCY SHELTER GRANT (ESG) _ FEDERAL GRANT FUNDED PROGRAMS - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R8) Ronald Winkler, Director of Development, Economic Development Agency, submitted a Staff Report dated April 29, 1997 concerning the third year action plan for federally funded grant programs. Fred Wilson, Acting City Administrator, submitted a memorandum dated May 5, 1997, concerning the funds required for the Code Enforcement Division. Mayor Minor opened the hearing. ~ 16 5/5/1997 Norma Owens, Homeless Services Analyst, Economic Development Agency, provided a synopsis of the application review process. Susan Lien, Chairman, Community Development Citizens Advisory Committee, explained how the committee reached its recommendations. Lenore Schon, Community Development Citizens Advisory Committee, expressed concern regarding the lack of support exhibited to the committee and urged the council to consider their recommendations. Norma Owens reiterated staff's recommendations and answered questions concerning priority number one noted within the five-year plan and the third-year plan. CITY CLERK RACHEL CLARK EXCUSED At 2:52 p.m., City Clerk Rachel Clark left the council meeting and was replaced by Deputy City Clerk Cordova. Walter Hawkins, 5822 Olive Avenue, San Bernardino, CA, opposed the recommendations submitted by the committee and staff in that they don't adequately represent the Black community. Jess Torres, Inland Mediation Board, 560 N. Arrowhead Avenue, Suite 7A, San Bernardino, CA, provided a synopsis of the services they render to provide fair housing within the city. Betty Davidow, Inland Mediation Board, 560 N. Arrowhead Avenue, Suite 7A, San Bernardino, CA, thanked the Mayor and Council for their support during the past 16 years and outlined their computer programs. Lita Pezant, 1514 W. Evans Street, San Bernardino, CA, expressed concern regarding the use of funds provided by the CDBG and HOME programs and submitted a letter dated May 5, 1997, which reiterates her concerns. Francis Grice, ADF Consulting, Inc., requested that the Mayor and Council consider the committee's recommendation to award to them the contract to provide fair housing services. Martina credentials. Wilkins, ADF Consulting, Inc. I stated their The following individuals urged the Mayor and Council to support their programs: Jenai Morehead, Operation Grace, 1595 E. Art Townsend Drive, San Bernardino, CA. 17 5/5/1997 Pat Tyler, The Book of Acts Outreach Program, 7480 Sterling Avenue, San Bernardino, CA. Dr. Duneen DeBruhl, Rio Vista Elementary School, 1451 N. California, San Bernardino, CA. Evelyn Fry, President, Young Womens Christian Association of San Bernardino. Joe Rodriguez, The Gents Organization, 1462 Art Drive, San Bernardino, CA and submitted a document dated 1997, which notes the County's intention to provide funds. Townsend April 30, them with Pastor Jeff Morehead, Operation Grace, 1595 E. Art Townsend Drive, San Bernardino, CA. The following individuals thanked the Mayor and Council for supporting their programs: Donna Beveridge, Childrens Network, 385 N. Arrowhead Avenue, San Bernardino, CA. Bonnie Bernardino, 0' Connor, CA. Childrens Fund, 6019 Robin Road, San Council Member Miller made Member Negrete, and unanimously closed. a motion, carried, seconded that the by Council hearing be Council Member Devlin made a motion, seconded by Council Member Miller, that the Mayor and Common Council revise the Community Development Citizens Advisory Committee's (CDCAC) recommendation for funding for the Mortgage Assistance Program as follows: replace $400,000 in CDBG with $500,000 in HOME funds; use $381,716 of the CDBG funds to fund a Demolition Program; apply the balance of the CDBG funds of $18,284 to the Single Family Rehabilitation Program, increasing the project from $400,927 to $419,911; that the Mayor and Common Council change the CDCAC recommendation for CDBG Fair Housing Program from ADF Consulting, Inc., for $25,000 to the Inland Mediation Board for $23,500; that the Mayor and Common Council authorize the Mayor to submit these projects as part of the Third Year Action Plan component of the 1995/1999 Consolidated Plan, to the United States Department of Housing and Urban Development (HUD); and that said resolutions (R8F & R8G) be adopted. (Note: There was no vote taken.) Council Member Devlin made a substitute motion, seconded by Council Member Negrete, that the Mayor and Common Council revise the Community Development Citizens Advisory Committee's (CDCAC) recommendation for funding for the Mortgage Assistance Program as follows: replace $400,000 in CDBG with $500,000 in HOME funds; use 18 5/5/1997 $381,716 of the CDBG funds to fund a Demolition Program; apply the balance of the CDBG funds of $18,284 to the Single Family Rehabilitation Program; that the Code Enforcement Program be adjusted by an additional $86,750; that said funds be allocated from the Housing Rehabilitation Program; and at the time of reallocation, the replacement of said funds be given top priority. (Note: The vote was taken after discussion.) It was noted that the action considered in the above substitute motion was not heard before the Community Development Citizens Advisory Committee (CDCAC), and a discussion ensued as to whether CDCAC would have to meet to consider an item prior to the adoption by the Mayor and Council. Norma Owens explained that the only standard is that the matter receive citizen participation and that requirement has been adhered to. r- Council Member Miller made a motion that the Mayor and Common Council revise the Community Development Citizens Advisory Committee's (CDCAC) recommendation for funding for the Mortgage Assistance Program as follows: replace $400,000 in CDBG with $500,000 in HOME funds; use $381,716 of the CDBG funds to fund a Demolition Program; apply the balance of the CDBG funds of $18,284 to the Single Family Rehabilitation Program; that the Code Enforcement Program be adjusted by an additional $86,750; that said funds be allocated from the Housing Rehabilitation Program; and at the time of reallocation, the replacement of said funds be given top priority subject to the CDCAC immediately meeting to hear the presentation. The motion failed for lack of a second. The substitute motion carried by the following vote: Council Members Arias, Oberhelman, Devlin, Anderson, Miller. Council Members Negrete, Curlin. Absent: None. Ayes: Nays: Council Member Devlin made a motion, seconded by Council Member Miller, that the Mayor and Common Council change the Community Development Citizens Advisory Committee's recommendation for the Community Development Block Grant Fair Housing Program from ADF Consulting, Inc., for $25,000 to the Inland Mediation Board for $23,500. A discussion was held concerning the credentials of both Inland Mediation Board and ADF Consulting, Inc. Francis Grice, ADF Consulting, Inc., stated that they can provide bilingual services and HUD certification is not required. Council Member Miller withdrew her second to Council Member Devlin's motion, and the motion failed for lack of a second. 19 5/5/1997 Susan Lien answered questions regarding the need for the HUD certification. ~ Norma Owens stated that HUD cert.ification is required for counseling and default services. Council Member Devlin made a motion, seconded by Council Member Arias, that the Mayor and Common Council change the Community Development Citizens Advisory Committee's recommendation for the Community Development Block Grant Fair Housing Program from ADF Consulting, Inc., for $25,000 to the Inland Mediation Board for $23,500. (Note: There was no vote taken.) Council Member Anderson made a substitute motion, seconded by Council Member Miller, that the Mayor and Common Council approve the Community Development Citizens Advisory Committee's recommendation for the Community Development Block Grant Fair Housing Program and that the contract be awarded to ADF Consulting, Inc., for $25,000. The substitute motion carried by the following vote: Council Members Negrete, Curlin, Oberhelman, Anderson, Nays: Council Members Arias, Devlin. Absent: None. Ayes: Miller. ~ Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted. (Note: After discussion, the matter was reconsidered - page 21.) Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommended projects for Community Development Block Grant (CDBG) funds that do not meet the environmental review requirements at this time, and instruct staff to bring the agreements for funding back to this body for approval after these projects have been environmentally cleared. Council Member Anderson made a motion, seconded Council Member Negrete, that the Mayor and Common Council authorize the Mayor to submit these projects as part of the Third Year Action Plan component of the 1995/1999 Consolidated Plan, to the United States Department of Housing and Urban Development (HUD). Norman Owens recommended that the Mayor and Council approve the third year component of the plan and that an amendment be 20 5/5/1997 completed at a later date to reflect the city's proper priorities within the five-year plan. Council Member Anderson made a substitute motion, seconded by Council Member Miller, that the Mayor and Common Council authorize the Mayor to submit these projects as part of the Third Year Action Plan component of the 1995/1999 Consolidated Plan, to the United States Department of Housing and Urban Development (HUD); that staff be directed to amend the five-year plan to reflect the proper priorities; and that it be brought back for approval. The Council Miller. substitute motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: Council Member Devlin. Absent: None. Council Member Arias made a motion, seconded by Council Member Negrete, that the Mayor and Council reconsider the previous action taken that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted. r- The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Miller. Nays: Council Member Devlin. Absent: None. (Note: Al though Council Member Anderson was present, she did not register a vote.) Council Member Anderson made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that Operation Grace and The Gents Organization be placed on the high priority list when reallocation of funds is being considered. (Note: There was no vote taken.) Council Member Negrete made a substitute motion, seconded by Council Member Anderson, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that The Gents Organization file a new application to be considered and given top priority. (Note: There was no vote taken and the motion was subsequently amended.) 21 5/5/1997 ~ r-- Council Member Negrete amended his substitute motion, seconded by Council Member Anderson, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG) , HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that a new application be accepted from The Gents Organization and that they and Operation Grace be given top priority when reallocation of funds is considered. (Note: There was no vote taken.) Joe Rodriguez answered questions concerning The Gents Organization's current operations. Council Member Anderson made a motion, seconded by Council Member Curlin, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that Operation Grace also be given priority when the reallocation of funds is being considered. (Note: There was no vote taken.) Council Member Arias made a substitute motion, seconded by Council Member Negrete, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that allocation of funds from the Rehabilitation Housing Fund be granted to Operation Grace in the amount of $23,000 and The Gents Organization in the amount of $25,000. The substitute motion failed by the following vote: Council Members Negrete, Curlin, Arias. Nays: Council Oberhelman, Devlin, Anderson, Miller. Absent: None. Ayes: Members Council Member Anderson made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except as otherwise noted; and that Operation Grace and The Gents Organization be given full funding and top priority when the reallocation of funds is considered. 22 5/5/1997 The motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: Council Member Devlin. Absent: None. Council Miller. RES. 97-122 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN THIRD YEAR ACTION PLAN OF THE CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS FEDERAL GRANT FUNDED PROGRAMS. (R8F) RES. 97-l23 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S THIRD YEAR ACTION PLAN OF THE CONSOLIDATED PLAN. (R8G) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolutions (R8F and R8G) be adopted; that staff be directed to amend the five-year plan to reflect the proper priorities; and that it be brought back for approval. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, that said resolution (R8F) be adopted; that staff be directed to amend the five-year plan to reflect the proper priorities; and that it be brought back for approval. The substitute motion carried and Resolution No. 97-122 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: Council Member Devlin. Absent: None. Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted (R8G). Resolution No. 97-123 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting - page 7) Final (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be continued to the Mayor and Council meeting of May 19, 1997. 23 5/5/1997 ADJOURNMENT (28) At 5 : 08 p.m. the joint regular meeting adjourned. The next regular meeting will be held at 5 : 00 a.m. , Monday, May 19, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By YL- uzanna Co'r-clo va eputy City Clerk No. of Items : 31 No. of Hours: 7 24 5/5/1997