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HomeMy WebLinkAbout06-16-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 16, 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 8:02 a.m., Monday, June 16, 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; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Miller. City Attorney Penman announced that the following additional cases would be discussed in closed session: Central Citv Companv. a California General Partnership. vs. Citv of San Bernardino. the Common Council of the City of San Bernardino and Does 1 throuoh 25 inclusive - San Bernardino Superior Court Case No. SCV 29232; Central City Company. a California General Partnership, vs. City of San Bernardino. the Common Council of the City of San Bernardino; Mano Manaoement Company. Inc.. General Growth Manaqement of California. Inc. (dba General Growth Development, Inc.) - San Bernardino Superior Court Case No. SCV 30704. RECESS MEETING - CLOSED SESSION At 8: 02 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1&84) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a}: Downs vs. City of San Bernardino - United States District Court Case No. CV 97-1550 HLH (SHx); 1 6/16/1997 Tomas Armendariz. et al. vs. James F. Penman. et al. United States District Court Case No. CV 91-5757 CBM (JRx) ; Amrut N. Patel vs. James F. Penman. et al. United States District Court Case No. CV 91-01420 - RG/United States Court of Appeals, Ninth Circuit, Case No. 95- 55213 . B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. 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; City Attorney Penman, Ci ty Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Miller. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Aldstadt and Empeno, and Administrative Operations Supervisor Anderson, City Attorney's Office; and Economic Development Agency Administrator Steinhaus. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY ALDSTADT EXCUSED At 8:10 a.m. Deputy City Attorney Aldstadt left the closed session. 2 6/16/1997 SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:18 a.m. Senior Assistant City Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 8:50 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 Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Miller. INVOCATION The invocation was given by Chaplain David Randolph of the San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. - APPOINTMENTS (2) There were no appointments scheduled for this meeting. PRESENTATION - GOODWILL AMBASSADOR CERTIFICATES - SISTER CITIES PROGRAM - TACHI KAWA , JAPAN (3) Jean Andersen, Executive Director, Cultural and International Affairs, Mayor's Office, presented Goodwill Ambassador Certificates to the following local high school students, who will be representing the Tachikawa Sister Cities Committee as local ambassadors of good will in Japan this summer: Shana Baumgartner, Cajon High School; Katie Beck (not present) and Kimberly Collins, San Bernardino High School; Alisa McKinster, Pacific High School; and Trisha Wallis, San Gorgonio High School. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: 3 6/16/1997 Name Fred Wilson James Penman Dolores Delgado Norine Miller Loyd Corley Raymond Allaire Randy Nolfo Manuel Harper Cynthia Piepmeier Jack Schneider Raymond King Consuelo Ramirez Robert Nagy Charles Temple Department Administration City Attorney City Attorney Council Office Finance Fire Parks, Recreation & Community Services Parks, Recreation & Community Services Planning & Building Svcs. Police Police Police Public Works/Engineering Public Works/Engineering Years of Service 10-year pin 10-year pin 10-year pin 10-year pin 15-year pin 10-year pin 10-year pin 20-year pin 15-year pin 10-year pin 10-year pin 20-year pin 20-year pin 20-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman congratulated the San Bernardino Stampede ball team on winning the first half championship of their division finals, which guarantees them a spot in the playoffs at the end of the season, and encouraged support of the team in the season playoffs. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias congratulated Sam Curtis, former Mayor and Councilman from the City of Rialto, who had a middle school named after him, and all '97 graduates and their parents. She also congratulated Miss Nata Arroyo, recipient of the Jesse Arias Memorial Scholarship Fund for Latino students going to law school. Miss Arroyo will be starting law school this fall and will be monitored by the scholarship committee until she receives her doctorate degree. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin commented on the "unfortunate" remarks made at the last Council meeting in response to his observation that the City would be better served by an appointed City Attorney. He urged that all Council members be aware of their behavior and maintain civility amongst themselves. 4 6/16/1997 ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete stated that he had the honor of representing the Mayor at the Order of the Elks observance of Flag Day, and that the Cub Scouts and Boy Scouts had done an excellent job in preparing for the event, which was very well attended. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark complimented Catherine Meister, Principal at Thompson School, and all the volunteers and students who participated in the Community Reading Festival Day activities. She also extended condolences to the family of Louie Troise, a long-time City employee, who passed away over the weekend. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman explained the settlement made in the Armendariz lawsuit against the City, and why the City's attorney had recommended said settlement. He also repeated verbatim his comments made at the Mayor and Council meeting of May 19, 1997, regarding a group of individuals who were meeting unofficially and proposing to change the City Charter. He stated he stood by his original remarks; however, they were not directed at, nor was he making reference to Jack Strickler, who had expressed concern over said remarks. Council Member Curlin clarified that he had spoken on behalf of Charter changes; however, he was not part of the group referred to by City Attorney Penman. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor stated that this was a difficult time for the City with the upcoming election and the budget problems, both of which tend to make the public and City employees a little uncomfortable. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling, San Bernardino, CA, commented on the U.S. Open held at the Congressional Country Club, which in his opinion is the championship gol f event of the year. He also proposed that Helen Gardner of the Mayor's Office fill the current opening on the Handicap Accessibility Appeals Board. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, a resident of San Bernardino, thanked City Attorney Penman for disclosing things that are happening in the City and suggested that the Council meet every Monday instead of just twice a month. 5 6/16/1997 PUBLIC COMMENTS - ROY LARSON (5) Roy Larson, 2616 San Carlo, San Bernardino, CA, suggested that the Mayor and Council invite Richard Dean Anderson, aka McGyver, to speak in San Bernardino, as he holds him in high esteem. PUBLIC COMMENTS - GARY KIRBY (5) Gary Kirby. 1505 Yardley, San Bernardino, CA, congratulated the Stampede for winning the first half of the season, and stated that it had been very exciting for some of the Fontana High School students to play at the new stadium. He advised that the Little League playoffs, which would be held in San Bernardino, would be televised, and suggested that the City do some positive advertising regarding opportunities in San Bernardino. Mr. Kirby also expressed dismay at the political comments made by the Council Members and urged the Mayor and Council to restore public comments to five minutes. PUBLIC COMMENTS - BOBBY OQUENDO (5) Bobby Oquendo, 3094 North Central Avenue, San Bernardino, CA, congratulated all fathers in honor of Father's Day and noted that his son and Norine Miller's grandson had graduated this year from California State University, San Bernardino. He thanked City Clerk Rachel Clark and Mr. Pimentel, Editor of The Sun, for their efforts in making the Vera Lopez Scholarship Awards dinner a smashing success, and also thanked the local businesses who regularly contribute to this very worthy cause. CITY CLERK RACHEL CLARK EXCUSED At 9:50 a.m. City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Medina. PUBLIC COMMENTS - SKIP KULIKOFF (5) Skip Kulikoff, President of San Bernardino Professional Firefighters Union, thanked the Mayor and Council for signing the memorandum of understanding (MOU) for the Fire Department, and especially commended Director of Personnel Barbara Dillon and her negotiating team for their efforts. Mr. Kulikoff also expressed dismay over comments made at the last Council meeting by Susan Lien and Howard Duffy, who publicly opposed the signing of the Fire Department MOU. CONSENT CALENDAR (6-13) Council Member Curlin made a motion, seconded by Member Anderson, and unanimously carried, that the recommended for Consent Calendar Item Nos. 6 through 13 be except for Item No. 10. Council motions adopted 6 6/16/1997 Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, to reconsider Consent Calendar Item Nos. 9 and 13. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the motions recommended for Consent Calendar Item Nos. 6 through 13 be adopted except for Item Nos. 9, 10 and 13. (Note: Although the previous motion reconsiders Item Nos. 9 and 13 only, this motion reapproves Item Nos. 6-13 except Item Nos. 9, 10, and 13. Hence, this motion will be used to reflect the action taken on those items not pulled from the Consent Calendar.) WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. CLAIMS & PAYROLL (7) Council Member Oberhelman 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 June 10, 1997, from the Finance Director, be approved. PERSONNEL ACTIONS (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated June 5, 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. SET PUBLIC HEARING - 10:00 A.M. - MONDAY, JULY 7, 1997 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING COMPUTER AIDED DISPATCH & RECORDS MANAGEMENT SYSTEMS (CAD/RMS) (11) Lee Dean, Chief of Police, submitted a Staff Report dated June 6, 1997, requesting that the Mayor and Council set July 7, 1997, at 10:00 a.m. as the date and time for a public hearing regarding the use of Local Law Enforcement Block Grant money to upgrade the Computer Aided Dispatch and Records Management Systems (CAD/RMS). r 7 6/16/1997 Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m., Monday, July 7, 1997, to ratify the expenditure of the awarded Local Law Enforcement Block Grant funding to upgrade the CAD/RMS system for the Police Department. RES. 97-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SUPERIOR SIGNAL SERVICE CORPORATION FOR INSTALLATION OF TRAFFIC SIGNALS AT WATERMAN AVENUE AND THIRTEENTH STREET. (12) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-169 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 97-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (9) Susan opposition property. Rogers, to the a resident practice of of San Bernardino, imposing liens on spoke in residents' Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid. The motion carried, and Resolution No. 97-170 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (lOA) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-210 BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC., RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (lOB) 8 6/16/1997 Council Member Anderson stated she would like to see this item go out for bid, as she is unhappy with the work being done in the sixth ward by H & H Citrus, Inc. Acting City Administrator Wilson explained that the City is currently in the middle of the weed abatement cycle, and it was his understanding that there are only a handful of contractors who perform this type of work. Discussion ensued regarding how long the current contractors have been performing this work for the City, how the lots are selected for abatement, and the fact that other contractors, even if there are only one or two, should be given the opportunity to bid on this work. Council Member Arias made a motion, seconded by Council Member Curlin, that the City go out to bid for the weed abatement of vacant properties throughout the city. (Note: There was no vote taken. ) Jeff Carr, Employee Representative, San Bernardino Public Employees Association, questioned whether the weed abatement work could be performed by City employees currently being threatened with layoff. Acting City Administrator Wilson pointed out that this work is performed only twice a year, and the equipment needs would have to be investigated. Council Member Curlin made a substitute motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of July 7, 1997, to allow Acting City Administrator Wilson time to investigate the feasibility of City employees performing the weed abatement services. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Anderson. Nays: Council Members Oberhelman, Devlin. Absent: Council Member Miller. RES. 97-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF BICYCLE LANES ON KENDALL DRIVE, BETWEEN PALM AVENUE AND FORTIETH STREET. (13) Susan Rogers, a resident of San Bernardino, stated she would like to see a study done relative to bicycle lanes in other areas of the City. Mayor Minor stated that a study had been done and this recommendation had been taken from that study. According to his recollection, the streets had been selected from those areas where there was the most need and they would receive the most use. 9 6/16/1997 Council Member Anderson asked whether there were any bicycle lanes planned for the west side of San Bernardino, and stated she wanted to be sure that bicycle lanes are scheduled for the west side in the future. Acting City Administrator Fred Wilson stated that a bicycle master plan had been completed three years ago, and the Council had approved said plan. However, he did not know what streets had been included. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the transfer of $26,700, from Account No. 129- 000-3405, "Unappropriated Reserve," to Account No. 122-373-5504- 7046, "Bicycle Lanes - Kendall Drive," be approved: and that said resolution be adopted. Council Member Curlin made a substitute motion, seconded by Council Member Anderson, that the matter be continued to the afternoon in order to obtain more information. The substitute motion failed by the following vote: Ayes: Council Members Curlin, Anderson. Nays: Council Members Negrete, Arias, Oberhelman, Devlin. Absent: Council Member Miller. Roger Hardgrave, Director of Public Works/City Engineer, explained that a committee made up of representatives from all City departments had developed a five-year bicycle lane plan which was to be completed in three phases. He enumerated some of the streets slated for bicycle lanes such as Mt. Vernon Avenue, Highland Avenue, Base Line Street, Meridian Aven~e, and Foothill Boulevard. The original motion carried, and Resolution No. 97-171 was approved by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. AUTHORIZE DIRECTOR OF PUBLIC PROCEED WITH ESTABLISHMENT ASSESSMENT DISTRICT - ELM AVENUE TRACT NO. 15777 WORKS & CITY CLERK TO LANDSCAPE MAINTENANCE & COULSTON STREET AREA - (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 28, 1997, regarding authorization to proceed with the establishment of a landscape maintenance assessment district in the Elm Avenue and Coulston Street area within Tract No. 15777. 10 6/16/1997 Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed under San Bernardino Municipal Code Chapter 12.90, with the establishment of a landscape maintenance assessment district in the Elm Avenue and Coulston Street area, within Tract No. 15777, to be known as Assessment District No. 1023. AUTHORIZE DIRECTOR OF PUBLIC WORKS & CITY CLERK TO PROCEED WITH ESTABLISHMENT LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - MILL STREET & DALLAS AVENUE AREA _ TRACT NO. 15652 (15) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated May 29, 1997, authorization to proceed with the establishment of maintenance assessment district in the Mill Street Avenue area within Tract No. 15652. Engineer, regarding a landscape and Dallas Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed under San Bernardino Municipal Code Chapter 12.90, with the establishment of a landscape maintenance assessment district in the Mill Street and Dallas Avenue area, within Tract No. 15652, to be known as Assessment District No. 1020. AUTHORIZATION TO PROCEED - SIDE OF 4TH STREET, WEST OF - APPROVE PLAN NO. 9685 VACATION - PORTION OF NORTH "E" STREET - PARCEL MAP 15038 (16) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 2, 1997, regarding authorization to proceed with the vacation of a portion of the north side of Fourth Street, west of "E" Street, and approval of Plan No. 9685. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of the north side of Fourth Street, west of "E" Street, and lying within Tentative Parcel Map No. 15038; and that Plan No. 9685, showing the proposed vacation of a portion of the north side of Fourth Street, west of "E" Street, be approved. BUDGET DELIBERATIONS - FISCAL YEAR 1997/98 - DISCUSS & TAKE ACTION (17) Acting City Administrator Fred Wilson submitted a Staff Report dated June 5, 1997, regarding the preliminary 1997-98 budget. 11 6/16/1997 A document dated June 11, 1997, titled, City of San Bernardino Police Department Proposed Budoet Reduction Packaoe for FY 1997/98 was distributed at the meeting. Barbara Pachon, Director of Finance, presented an overview of the preliminary 1997/98 budget and explained the budget reduction measures already incorporated into the preliminary budget which reduced the projected budget shortfall from $7,205,700 to the current figure of $4,800,100. The expected; million. Council was pleased that the shortfall was less than however, they questioned why the figure was off by $2.2 Mayor Minor pointed out that two facts not originally known were the amount of the rollover from Assessment District No. 994 and the transfer of CATV from the City budget to the Economic Development Agency budget, which together would account for a large share of the difference. Bill Rogers, 1482 East Davidson Street, San Bernardino, CA, stated that he had been opposed to Measure S and made suggestions on ways to cut the budget. -" Susan Rogers, 36th and North Arrowhead, San Bernardino, CA, questioned why the taxpayers should be burdened with another tax as a result of problems within the City which needed to be resolved internally. Council Member Oberhelman made a motion, seconded by Member Anderson, that the matter be continued to the budget scheduled for 9:00 a.m., Wednesday, June 18, 1997, in the Chambers of City Hall. Council meeting Council The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson. Council Member Curlin. Absent: Council Member Miller. Council Nays: RECESS MEETING At 10:55 a.m. Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:04 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Deputy City Attorney Empeno, Deputy City Clerk Medina, Director of Planning and Building Services Hays. Absent: Council Members Curlin, Miller. 12 6/16/1997 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 97-01 _ AMEND SECTION 19.02.050 OF THE DEVELOPMENT CODE - ADD NEW DEFINITIONS FOR ARTIST COLONY, MICROBREWERY, MOBILE VENDOR AND SALES & PRODUCTION OF HANDICRAFT ITEMS GENERAL PLAN AMENDMENT NO. 97-01 - PERMIT ESTABLISHMENT OF PROPOSED USES IN THE CR-2, COMMERCIAL REGIONAL- DOWNTOWN, LAND USE DISTRICT (27) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated May 29, 1997, regarding General Plan Amendment No. 97-01 and Development Code Amendment No. 97-01. Mayor Minor opened the hearing. Director Hays explained that Main Street, Inc., the applicant, was requesting an amendment to the Development Code to add new definitions for artist colony, microbrewery, mobile vendor, and sales and production of handicraft items, including the addition of specific standards to Section 19.06.030(2) for the above listed definitions. Main Street, Inc. was also requesting a general plan amendment to permit the establishment of the proposed uses in the CR-2, Commercial Regional-Downtown, land use district. No public comments were received. RES. 97-172 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (27) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.02, SECTION 19.02.050 AND AMENDING CHAPTER 19.06, SECTION 19.06.030 (2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD NEW DEFINITIONS FOR ARTIST COLONY, MICROBREWERY, MOBILE VENDOR, AND SALES AND PRODUCTION OF HANDICRAFT ITEMS AND TO ADD SPECIFIC STANDARDS FOR THE ABOVE LISTED USES. First (27) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the hearing be closed: that said resolution which adopts the negative declaration and approves General Plan Amendment No. 97-01, be adopted; and that said ordinance which approves Development Code Amendment No. 97-01, be laid over for adoption. The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devl in, Anderson. Nays: Members Curlin, Miller. No. 97-172 was adopted by Members Negrete, Arias, None. Absent: Council 13 6/16/1997 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-06 _ CONDITIONAL USE PERMIT NO. 96-12 PROPOSAL TO AMEND DEVELOPMENT CODE - ALLOW TRANSFER OF EXISTING OFF-SITE ABC LICENSE TO NEW SITE - SOUTHEAST CORNER OF HIGHLAND AVENUE & VALARIA DRIVE - WITHIN 75 FEET OF A CURRENTLY LICENSED FACILITY (Discussed later in the meeting - page 17) (28) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 4, 1997, regarding Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12. William G. Franks, 6538 Valaria Drive, San Bernardino, CA, submitted a letter dated June 5, 1997, addressed to Deborah Woldruff, Associate Planner, opposing Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12. Attorney Cynthia Ludvigsen, representing Mr. Suh, submitted a letter dated June 12, 1997, addressed to the Mayor and each Council Member, advocating approval of said project. Mayor Minor opened the hearing. r Director Hays explained that the applicant, Mr. Suh, was requesting an amendment to Development Code Section 19.06.030(2) (B) to allow the transference of an existing off-site ABC license to a new site within 75 feet of the currently licensed facility in a commercial designation. The applicant was also seeking a conditional use permit to construct a two-phase development consisting of a 2,500 square foot liq~or store (Phase I) and a 1,850 square foot lube and tune (Phase II) Mr. Hays noted that the .48 acre project site is located at the southeast corner of Highland Avenue and Valaria Drive, and that staff had originally supported the project. However, it now appeared that approval could allow two liquor stores immediately adjacent to each other, and staff had changed its recommendation to denial of the project. Elliott Shaw, Integra Engineering, Inc., 621 East Carnegie Drive #120, San Bernardino, CA, spoke on behalf of Mr. Suh, stating that his company had prepared the site development plan for the proposed project. Bruce Suh, 2601 East Highland Avenue, San Bernardino, CA, presented an overview of the past nine years of operating a liquor store at the present location as a lessee of the property, including the time and money he has invested in same, the constraints placed upon him by not owning the property, and his need and desire to use his ABC license in a business establishment where he is owner and operator. 14 6/16/1997 CITY CLERK RACHEL CLARK RETURNED At 11: 27 a. m. Deputy City Clerk Medina left the Council meeting and was replaced by City Clerk Rachel Clark. Vicky Reams-Williams, representing the property proposed site, expressed their support for said stating that the property has been vacant since the owners of the development, '60s. William Franks, 6538 Valaria Drive, Highland, CA, property owner of Ken's Liquor, 2601 East Highland Avenue, San Bernardino, CA, stated that his family has owned said property since 1959, and that the building was built to be a liquor store. He added that if Mr. Suh leaves, he will either lease to another liquor license holder or apply for his own liquor license and run the business himself. 0- The Council expressed concern relative to two liquor stores in such close proximity, creating an over concentration of same. However, discussion disclosed that Mr. Suh has a 10-year lease on the site owned by Mr. Franks, which expires in January 1999. Under the conditions of a conditional use permit, the new project must be completed and ready for occupancy within one year of approval. For Mr. Franks to be able to obtain an off-sale liquor license at the present site, it must be done within 90 days of the premises being licensed and operated with the same type of license. Since the property would still be in the possession of Mr. Suh until the expiration of the lease in January 1999, this would preclude Mr. Franks from doing anything well past the 90-day window. Council Member Arias made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12 be approved; and that staff return with the appropriate findings of fact. DIRECTOR OF PLANNING & BUILDING SERVICES EXCUSED At 11:41 a.m. Director of Planning and Building Services left the Council meeting and was replaced by Acting Administrator wilson. Hayes City BALLOT MEASURES - BUSINESS REGISTRATION FEES - UTILITY USERS TAX (.5% INCREASE) CONSOLIDATED ELECTION PRIMARY MUNICIPAL ELECTION - NOVEMBER 4, 1997 - COUNTY OF SAN BERNARDINO (18) City Clerk Rachel Clark submitted a 1997, regarding ballot measures for the Municipal Election. Staff Report dated June 4, November 4, 1997, Primary 15 6/16/1997 Ms. Clark presented an overview of the fees and/or taxes which had been enacted by the City of San Be!'nardino between January 1, 1995 and November 6, 1996 without voter approval, and which fall within the parameters of Proposition 218, which states that any general tax imposed, extended or increased during said time frame must go to a vote of the people within two years. Two different fees/taxes fell into this category--an increase in some of the business registration fees imposed in July 1996: and the .5 percent increase in the utility users tax adopted June 5, 1995, with a sunset clause of June 30,1998. She noted that a measure must be placed on the November 1997 ballot, giving the electorate an opportunity to vote on whether to continue the .5 percent increase past June 30, 1998. It was the recommendation of staff to amend Resolution No. 96- 188, which would roll back the business registration fees to the amount being charged prior to July 1996: and to prepare the appropriate resolution to continue the .5 percent utility tax increase beyond June 30, 1998. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the City Attorney's Office be directed to take appropriate action to amend Resolution No. 96-188, adopted on July 1, 1996, establishing business registration fees by changing fees in the following categories: a. San Bernardino Municipal Code Section 5.04.140 (Billiard or Pool Room) $100 per poolroom per year for non coin-operated tables; b. San Bernardino Municipal Code Section 5.04.150 (Vending Machine Sales and Automatic Scale Weighing Devices) $2.00 per machine per year, but in no case less than $60.00 per year: c. And repeal San Bernardino Municipal Code Section 5.82.040 (Operator's Permit Fee): that the City Attorney be directed to prepare for the Council agenda of July 7, 1997, the appropriate resolution required to place a ballot measure on the November 4, 1997 ballot relative to the following: "Shall the utility users tax which was increased .5% on June 5, 1995 pursuant to Ordinance No. MC-939, be continued beyond June 30, 1998?"; and that the City Attorney be directed to prepare an impartial analysis of the measure. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:44 a.m. Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. 16 6/16/1997 PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-06 _ CONDITIONAL USE PERMIT NO. 96-12 PROPOSAL TO AMEND DEVELOPMENT CODE - ALLOW TRANSFER OF EXISTING OFF-SITE ABC LICENSE TO NEW SITE - SOUTHEAST CORNER OF HIGHLAND AVENUE & VALARIA DRIVE - WITHIN 75 FEET OF CURRENTLY LICENSED FACILITY (Discussed earlier in the meeting _ page 14) (28) City Attorney Penman stated that the Council needed to reconsider Agenda Item No. 28, to reaffirm their prior vote and to be certain that staff returns with the appropriate findings of fact for Council approval. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Council reconsider its previous action to approve Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12: and that staff return with the appropriate findings of fact. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12 be approved; and that staff return to the Mayor and Council meeting of July 7, 1997, with the appropriate findings of fact for Council approval. RES. 97-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1997-98 PENDING ADOPTION OF THE 1997-98 FINAL BUDGET. (19) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-173 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. RES. 97-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD SERVICE FOR THE CITY'S SUMMER LUNCH PROGRAM. (20) RES. 97-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH STACEY LUCIANO RELATING TO THE FURNISHING OF REGISTERED DIETITIAN SERVICES TO BE UTILIZED BY THE CITY'S SENIOR NUTRITION PROGRAM. (21) 17 6/16/1997 Council Member Negrete made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-174 and 97-175 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. RES. 97-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A COMMUNITY SCHOOLS AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR STUDENTS FROM COUNTY SCHOOLS PROGRAM. (22) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-176 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. RES. 97-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE YOUTH MENTORING SERVICES. (23) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 97-177 was adopted by the following vote: Members Negrete, Arias, Oberhelman, Devlin, None. Absent: Council Members Curlin, Miller. RES. 97-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (24) 18 6/16/1997 RES. 97-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (25) Council Member Oberhelman asked why the couldn't perform all the polygraph exams, contract with one vendor. Sheriff's Department thereby having one City Attorney Penman explained that sometimes there is a credibility factor involved; at other times there may be more exams needed than one examiner can handle. Either way, it is better to have two entities. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 97-178 and 97-179 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. RECESS MEETING At 11:54 a.m. Mayor Minor recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:04 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, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Member Curlin. 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 19 6/16/1997 At 2:04 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. APPOINTMENTS - ROBERT BOTTS & JO ANN VON WALD - MOBILE HOME BOARD (R2) Note: No backup material was distributed; therefore, it will not be available for reference. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Robert Botts and Jo Ann Von Wald to the Mobile Home Board, be approved. (Note: Council Member Miller was present, but did not register a vote.) COUNCIL MEMBER CURLIN RETURNED At 2:05 p.m., Council Member Curlin returned to the Council meeting and took his place at the Council table. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Devlin made a motion, seconded by Council Member Negrete, 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. CONSOLIDATED PLAN - ADOPT PROJECTS - EXECUTE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS - REALLOCATION PROJECTS - 1995/1996 FISCAL YEAR FUNDS - AMENDED SECOND YEAR PLAN U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R6) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated June 6, 1997, regarding adoption of projects and execution of agreements for a group of reallocation projects for the Amended Second Year Consolidation Plan. 20 6/16/1997 Council Member Devlin made a motion, seconded by Council Member Negrete, 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 Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agencies. RES. 97-180 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO ACTHORIZE AND DIRECT THE EXECUTION OF AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND CORRESPONDING AGENCIES. (R8) Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-180 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9556 - REPLACE CURB, GUTTER, SIDEWALK & OTHER CONCRETE CONSTRUCTION VARIOUS LOCATIONS AUTHORIZE ADVERTISEMENT FOR BIDS (R5) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 5, 1997, regarding approval of plans and authorization to advertise for bids for replacement of curbs and gutters, sidewalks, and other concrete facilities at various locations throughout the city. Senior Assistant City Attorney Carlyle stated his reason for pulling this item from the consent calendar was to respond to a question raised in a previous meeting regarding incorporation of curb cuts for the handicapped for these various construction projects. Attorney Carlyle stated that to the extent that curb cuts are required on the corners, they will be provided: however, 88-90 percent of the repairs are to be made in the middle of the block. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for replacement of curbs and gutters and other concrete facilities at various locations, in accordance with Plan No. 9556, be approved; and that the Director of Public Works/Clty Engineer be authorized to advertise for bids. PUBLIC HEARING - SECOND AMENDMENT - SECOND YEAR ACTION PLAN - CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R9) 21 6/16/1997 Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated June 11, 1997, regarding a second amendment to the second year action component of the Consolidated Plan. Mayor Minor opened the hearing. Director Winkler presented a synopsis of previous action taken and an overview of the proposed amendment, which would provide additional funding of $230,000 for the City's demolition program and impact the second year action plan funding allocations as follows: Community Development Block Grant (CDBG) Funds $230,000 would be taken from the Mortgage Assis~ance Program and allocated to the Demolition Program. Home Investment Partnership Act (HOME) Funds - $230,000 would be taken from the Mobile Home Park Purchase Program and allocated to a new Mortgage Assistance Program created under HOME. No public comments were received. ,- RES. 97-181 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN SECOND AMENDMENT TO THE SECOND YEAR ACTION PLAN COMPONENT OF THE 1995/1999 CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT FG~DED PROGRAMS. (R9C) RES. 97-182 - 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 SECOND AMENDMENT TO THE SECOND YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN. (R9D) Council Member Miller made a motion, seconded by Council Member Negrete, that the hearing be closed; that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the second amendment to the Second Year Action Plan to the Consolidated Plan and authorize staff to submit the amendment to the U.S. Department of Housing and Urban Development for review and approval; and that the Mayor and Common Council approve: 1) to decrease the Community Development Block Grant (CDBG) funded Mortgage Assistance Program (MAP) by $230,000 (Project #96-226); 2) to fund the Demolition Program with the $230,000 from MAP; 3) to create a MAP program under the HOME Investment Partnership Act (HOME) for $230,000; and 4) to reduce the Mobile Home Park Purchase Program under HOME to create the Mortgage Assistance Program; and that said resolutions be adopted. 22 6/16/1997 The motion carried, and Resolution Nos. 97-181 and 97-182 were adopted by the following vote:, Ayes: Council Members Negrete, Curlln, Arlas, Oberhelman, Devlln, Anderson, Miller. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:09 p.m. Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (Continued from June 2, 1997) (RlOA) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Continued from June 2, 1997) (RlOC) City Attorney Penman stated he had some concerns regarding said proposal. He noted that the City of San Diego, like the City of San Bernardino, has a provision in their charter that the City cannot issue bonds without a vote of the people. San Diego also formed a joint powers agreement with the San Diego Port Authority. Subsequently, a lawsuit was brought forward and the Fourth District Court of Appeals ruled that even if the charter says you can't issue the bonds without voter approval, the Joint Powers Agency can do so. Mr. Penman continued by stating that the Supreme Court took the case in April, which ultimately vacates the decision of the Fourth District Court of Appeals. He conceded that there is no prohibition in the law against issuing the bonds; however, if the City goes ahead with this and the Supreme Court rules against San Diego, he can foresee a situation where the City would be forced to repay certain monies plus interest. Special Counsel Timothy Sabo affirmed that what Mr. Penman said regarding the pending San Diego case was correct. He pointed out, however, that the current status of state law is that you can undertake these types of financing. He added that if the Supreme Court rules against San Diego, there might be the possibility of an adverse effect; however, it has not adversely affected the market 23 6/16/1997 for these types of obligations for other cities. Mr. Sabo stated that he believed that in the event funds would have to be repaid, the funding for the fire station and the library would not be affected because they are pre-existing obligations. City Attorney Penman stated that he believed Mr. Sabo's firm has the appearance of a conflict of interest in this matter, since they stand to realize a large financial gain if this proposal goes through. Mr. Sabo stated that this is really no different than if his firm came forward with a Disposition Development Agreement (DDA) , since someone has to do the work, whether it is on litigation, a DDA, or bond issues. He added that everyone on the Council knows that his firm is not on a set retainer, and he could see no difference in this bond issue and coming forward with a proposal to do agreements. Discussion ensued regarding how much money the City would be obligated to repay if the Supreme Court rules against San Diego, the total cost of reissuance on the 1989 bonds, and the interest rate on the current bonds versus interest rate on the reissuance. Also discussed was the sale of the refuse portion of the City yards and the construction of a new fueling station at the yards. - Special Counsel Sabo explained in detail the cost of the bond refinancing and the worst case scenaric if the City were required to repay the monies plus interest. City Attorney Penman pointed out that although AMBAC (AMBAC Indemnity Corporation) is more than willing to go ahead with the bond refinancing, he questioned whether they would be equally willing to defend and indemnify the City in the event of a lawsuit. He stated that minimal inquiries had indicated they probably would not. Council Member Devlin wondered if it would be feasible to rent the City yard property to the Refuse Division rather than selling the yard. City Attorney Penman stated he would have to research the matter; however, he was inclined to believe it could be done, since this is done with the Water Department. It was noted that, at best, this would be a short-term fix. Mayor Minor pointed out that part of the new bond money would be used to build a new fueling station for the City at a cost of approximately $700,000, rather than continuing to use the County's fueling station. 24 6/16/1997 Council Member Miller noted that the fueling station could be paid for in just three years by using the savings from the County: therefore, it would be silly to pay even one more year for the County's facility. Jim Howell, Director of Public Services, distributed a memorandum which contained a proposal from a major oil company, whose fee was calculated at regular market price plus fifty cents per transaction. The total cost would have been an additional cost to the City of approximately $260,000 per year compared to what the City is currently paying, and was just a little less than what the County would charge. Mr. Howell indicated that as long as there is not a leakage problem, the City's existing tanks should last another 20 years. He stated that in his opinion, it would be in the best interest of the City to go forward and make this investment--that it would cost roughly $250,000 more to contract with either the County or the pri vate sector. He also pointed out that in the event of a disaster it would be to the City's advantage to have their own fuel supply. Also, the possibility exists that the City would be able to entice other entities such as Caltrans to contract with the City for their fueling needs. Council Member Oberhelman stated he did not want to incur additional debt: however, based on representation from Miller and Schroeder, it appeared that refinancing the 8.9 million dollars of the existing 1989 bond issue without extending the maturity would make financial sense regardless of what comes out of the budget discussion. The City would not incur any significant additional debt, but would capture almost 2 percent in reduced interest rates. Discussion ensued regarding the time constraints for making decisions on the bond issue and the fueling station. Acting City Administrator Wilson explained that the City has been ordered by the County to remove the contaminated soil that is at the fuel site immediately. Per state law, the work must be completed by December, and will cost an estimated $100,000. Creation of the fueling station is actually a replacement because the existing facility must be removed and replaced. Therefore, the fueling decision must be done fairly quickly. Special Counsel Sabo stated that AMBAC's commitment was for another three or four weeks: the bonds have to be funded and in place prior to August 17. Howard Duffy, a member of the Ad Hoc Budget Committee, spoke in opposition to refinancing the bonds. He stated that it is not fiscally responsible to borrow money to get a quick fix without making the necessary cuts that will be needed later on. He stated 25 6/16/1997 that every year the Council spends more money than they have appropriated, and under his plan the City could sell the land to the Refuse Division and the City could capture the interest. City Attorney Penman noted that although this could legally be done, the City does not always get repaid. Council Member Oberhelman suggested that the matter be continued to the first meeting in July: and in the meantime, if the Council reaches some conclusions during the three days of budget hearings, the Council could reconsider the matter at the next Mayor and Council meeting. 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 July 7, 1997, in the Council Chambers of City Hall. COUNCIL MEMBER OBERHELMAN & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 3:04 p.m. Council Member Oberhelman and Economic Development Agency Special Counsel Sabo left the council meeting. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 3:04 p.m. Economic Development Agency Administrator Steinhaus left the Council meeting and was replaced by Acting City Administrator Wilson. RES. 97-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF A CANDIDATE SURFACE TRANSPORTATION PROGRAM FORM TO SAN BERNARDINO ASSOCIATED GOVERNMENTS IN APPLICATION FOR FEDERAL-AID STP FUNDS TO FINANCE THE EXTENSION OF STATE STREET, FROM RANCHO AVENUE TO BASE LINE STREET. (Sl) Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-183 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. COUNCIL MEMBER OBERHELMAN RETURNED At 3:06 p.m. Council Member Oberhelman returned to the Council meeting and took his place at the council table. ORD. MC-995 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A JUVENILE CURFEW AND DECLARING THE URGENCY THEREOF. Urqencv (S2) 26 6/16/1997 Council Member Miller made a motion, seconded by Council Member Anderson, that said ordinance be adopted. (Note: There was no vote taken and the motion was subsequently restated.) City Attorney Penman explained that the United States Court of Appeals for the Ninth Circuit had recently reversed the decision of the United States District Court of the Southern District of California in Nunez v. City of San Dieoo (1997) on the grounds that a San Diego curfew ordinance, very similar to the City's, had been declared unconstitutional for a number of reasons. He noted that the City's ordinance prohibits minors from being or staying in certain places, while San Diego's ordinance was much broader, and according to the court, overly broad. Mr. Penman explained that the ordinance was being presented as an urgency ordinance, and if it was adopted this date it would go into effect immediately. This would be beneficial because it is questionable whether the City could detain or arrest any juveniles under our present ordinance. City Attorney Penman stated that the new ordinance is based on an ordinance of the city of Dallas, Texas; and the Fifth Circuit Court of Appeals for that district had upheld this particular ordinance. He stated he would not be surprised to see the League of California Cities come out with a model ordinance for California within the next three to twelve months. Mr. Penman also explained some of the differences between the City's current ordinance and the proposed urgency ordinance. Captain Robert Curtis of the Police Department distributed several graphs showing juvenile arrests before and after the City's curfew ordinance was adopted, giving credence to the need for such an ordinance. Council Member Anderson made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-995 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-996 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.69 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING IN OR ON PUBLIC STREETS, PUBLIC BUILDINGS OR OTHER PUBLIC GROUNDS AND DECLARING THE URGENCY THEREOF. Uroency (S3) Council Member Curlin made a mot ion, seconded by Council Member Anderson, that said ordinance be adopted. 27 6/16/1997 Ordinance No. MC-996 was adopted by the following vote: Ayes: Council Me~bers Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Mlller. Nays: None. Absent: None. RECESS MEETING At 3:41 p.m. Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:49 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: City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. PRESENTATION - FINAL REPORT - AD HOC BUDGET COMMITTEE (26) r, Judy Battey, Chairperson of the Ad Hoc Budget Reduction Committee and appointee of Fourth Ward Council Member Oberhelman, submitted the Ad Hoc Budget Committee's report, thanked the other members of the committee for their participation, and thanked principal members of staff who supported them in their efforts to accomplish their directive. She stated that there were some major constraints facing the committee and presented a brief outline of what the report contained including four or five pages of narrative and five different lists as follows: 1. Complete brainstorming list 2. Items recommended for approval 3. Items not recommended for approval 4. Items stricken from consideration 5. Items not acted upon by committee Michael Clarke, Professor of Public Administration at California State University, San Bernardino, and appointee of Fifth Ward Council Member Devlin, itemized the major constraints encountered by the committee, such as: 1. Time constraints (insufficient time to develop comprehensive understanding of City operations and what cuts would mean to the various departments): 2. Committee composition (lack of expertise, a number of major players from Measure S, and one-third of committee comprised of employee organization representatives and senior management representatives): 3. Impact of Charter Amendment 186. 28 6/16/1997 Mayor Minor commended the committee's hard work and expressed his appreciation to the ad hoc committee members. Harold Duffy, a member of the Ad Hoc Budget Committee, thanked Judy Battey for her efforts and Police Chief Dean and his staff. He noted the difficulty the committee experienced in discussing and negotiating issues due to the overwhelming representation of organizations who clearly had their own agendas and spoke in support of a library assessment. City Attorney Penman thanked the committee for their time and efforts and commented on how they were handicapped from doing their work. He stated that the committee had not recommended anything that had not been presented over the past three to four years. Mr. Penman pointed out that the voters of the City have chosen the Council to represent them, that the Council could have been involved in heavy budget hearings during this time frame, and ultimately they are the ones who need to make the difficult budget decisions. He felt the public and the committee were owed an apology. Susan Lien, Council Member Curlin's appointee to the Ad Hoc Budget Committee, stated she was grateful to have learned all that she had during the past six weeks. Mrs. Lien spoke in opposition to selling bonds to balance the budget. Robert Rego, 853-A Lynwood, San Bernardino, CA, representing We The People, San Bernardino, submitted a budget document containing recommendations of a macro approach. He stated that said document was not to supplant but to supplement the work that had been done by others. He expressed opposition to moving the Economic Development Agency under the City. Council Member Oberhelman thanked the ad hoc committee members and their families. He assured them that their efforts were not wasted and that it had been a productive process. Council Member Negrete efforts: and particularly whether or not the idea was thanked the committee for all of their for submitting all of their ideas, ultimately discarded. Judy Battey explained that Assembly Bill 1890 has to do with legislation taking effect on January 1, 1998, regarding restructuring and deregulation of the electric industry, and that said information may be of value to the Council. Council Member Curlin applauded the entire ad hoc committee for their efforts, commended Judy Battey for her leadership of the committee, and extended special thanks to Susan Lien and Harold Duffy. 29 6/16/1997 Council Member Anderson stated that she did not appreciate the constant negativity expressed during the Council meetings and the continued dissenting comments regarding Measure S; and advocated expending their energies on more positive things. Council Member Arias thanked the committee and specifically her representative, Joe Rivera, stating that she hoped that people will remember that everyone is really on the same side. Council Member Miller stated that she is interested in going forward; however, she would not be able to attend the budget meeting scheduled for Wednesday, June 18. She stated that her main concern was that no final votes be taken on the budget in her absence. Council Member Devlin thanked the entire committee for their hard work, and especially thanked his representative, Dr. Clarke, from Cal State. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Ad Hoc Budget Committee Report and Recommendations be continued to the budget meeting scheduled for 9:00 a.m., June 18, 1997, in the Council Chambers of City Hall. ADJOURNMENT At 4: 31 p. m. , adjourned to 9:00 Chambers of City California. (29) the meeting of the Mayor and Common Council was a.m., Wednesday, June 18, 1997, in the Council Hall, 300 North "D" Street, San Bernardino, RACHEL G. CLARK City Clerk By ~Ha~rJ Deputy City Clerk No. of Items: 40 No. of Hours: 6.5 30 6/16/1997