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HomeMy WebLinkAbout08-18-1997 Minutes . . . . MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 18, 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 8:03 a.m., Monday, August 18, 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, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, City Administrator wilson. Absent: Council Members Curlin, Miller. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: citv of San Bernardino vs. San Bernardino S.B. Five et al. (Feldkamp) - San Bernardino Superior Court Case No. SCV 09593. RECESS MEETING - CLOSED SESSION At 8: 03 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): James Boetl er vs. Omnitrans. et al. Superior Court Case No. SCV 04858. San Bernardino B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. 1 8/18/1997 D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Personnel Director Emolovee Orqanization: San Bernardino Public Employees' Association (SBPEA) General and Mid-Management Units CLOSED SESSION At 8:03 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, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, City Administrator wilson. Absent: Council Members Curlin, Miller. Also present: Senior Assistant City Attorney Simmons and Paralegal Bonnie Greenleaf, City Attorney's Office. 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 and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council were in closed session. MAYOR MINOR EXCUSED At 8:08 a.m., Mayor Minor left the closed session. COUNCIL MEMBER CURLIN ARRIVED At 8: 09 a.m., Council Member Curlin arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:10 a.m., Senior Assistant City Attorney Simmons left the closed session. MAYOR MINOR RETURNED & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 8:10 a.m., Mayor Minor returned to the closed session and Economic Development Agency Special Counsel Sabo arrived. 2 8/18/1997 ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED & PERSONNEL DIRECTOR DILLON ARRIVED At 8:31 a.m., Economic Development Agency Special Counsel Sabo left the closed session and Personnel Director Dillon arrived. PERSONNEL DIRECTOR DILLON At 8:49 a.m., Personnel session. EXCUSED Director Dillon left the closed ADJOURN CLOSED SESSION At 8: 58 a. m., the closed session adj ourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. RECONVENE MEETING At 9:06 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, City Administrator wilson. Absent: Council Members Curlin, Miller. INVOCATION The invocation was given by Reverend Jim Stovall, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS (2) There were no appointments at this meeting. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Department Years of Service patricia Taan Veronica Martinez Alan Duggan James Fratus Donald Jackson Scheri Newbry Animal Control Finance Fire Fire Planning & Building Svcs. Police 5-year pin 15-year pin 10-year pin 10-year pin 25-year pin 5-year pin 3 8/18/1997 Eileen Prieto David Harp Frank Mankin Police Police Police 15-year pin 20-year pin 20-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias thanked Bill International Airport Authority and Agency, who won an award recently for Bopf from the San Bernardino Inland Valley Development development of the airport. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman announced that someone had stolen a large trailer with thousands of dollars worth of American Youth Soccer Association equipment inside. He asked the public to be aware of anyone trying to sell soccer equipment, and asked anyone with any information to call the Police Department. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, thanked Council Member Devlin for bringing forward the three-minute speaking time limit for the Council. He also voiced support for placing Code Compliance under the Fire Department, stating that Code Compliance is doing a fine job, yet they lack the legal power to deal with people who will not obey city ordinances. PUBLIC COMMENTS - JOHN LONBERG (5) John Lonberg, 10834 Kloiber, Riverside, CA, commented on the handicapped parking spaces in the city and the lack of curb cuts. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the drug war as it relates to economic policy. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, complimented the Mayor on the fact that prior to the Council meeting a member of the City Clerk's office reads the titles of the resolutions and ordinances into the record. Mr. Neves commented on the removal of handicapped spaces throughout the city, stating that this is against the law. He added that all functions such as resurfacing and application of slurry seal require the construction of curb ramps. 4 8/18/1997 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: June 30, 1997. PERSONNEL ACTIONS (8) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated August 7, 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. APPROVE PLANS - CITY HALL ELEVATOR MODERNIZATION PROJECT - AUTHORIZE ADVERTISEMENT FOR BIDS (10) James Sharer, Facilities Manager, submitted a Staff Report dated July 18, 1997, regarding approval of plans and authorization to advertise for bids for the City Hall elevator modernization project. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for the City Hall elevator modernization project be approved; and that the Facilities Manager be authorized to advertise for bids. RES. 97-246 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 95- 191 REPLACING SHAUNA CLARK WITH FRED WILSON, CITY ADMINISTRATOR, BRUCE KRAMER WITH TOM VALDEZ, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT PURCHASING AGENT AND ADDING JERRY SMITH, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ASSISTANT PURCHASING AGENT AND JOHN P. MURPHY, CITY OF SAN BERNARDINO PURCHASING MANAGER AS THE CITY REPRESENTATIVES AUTHORIZED TO ACQUIRE FEDERAL SURPLUS PROPERTY. (11) 5 8/18/1997 RES. 97-247 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR, DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES PLUS THE DISASTER PREPAREDNESS COORDINATOR AND DISASTER PREPAREDNESS REPRESENTATIVE TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JULY 5, 1988, AND REPEALING RESOLUTION NOS. 89-504, 90-327, 91-430, 92-352 AND 93-414. (12) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 97-246 and 97-247 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. SET PUBLIC HEARING - SEPTEMBER 2, 1997 - 10:00 A.M. - TO AMEND RESOLUTION NO. 94-66 - ESTABLISH & MODIFY FEES - USE OF PUBLIC FACILITIES (13) Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated July 31, 1997, recommending that the Mayor and Council set a public hearing to establish and modify fees for use of public facilities, including public parks. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that a public hearing be set for 10:00 a.m., Tuesday, September 2, 1997, to adopt a resolution amending Resolution 94-66 entitled in part "Resolution establishing and modifying fees for use of public facilities, including public parks." RES. 97-248 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1997 THROUGH JUNE 30, 1998. (14) RES. 97-249 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO SENIOR EMPLOYMENT PROGRAM DESIGNATING THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT AS A SENIOR EMPLOYMENT TRAINING SITE. (15) 6 8/18/1997 RES. 97-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MCM CONSTRUCTION, INC., FOR EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (17) RES. 97-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL STREET AND DALLAS AVENUE AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1020, PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (18) RES. 97-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE ELM AVENUE AND COULSTON STREET AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1023, PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (19) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 97-248, 97-249, 97-250, were adopted by the following vote: Ayes: Negrete, Arias, Oberhelman, Devlin, Anderson. Absent: Council Members Curlin, Miller. 97 -251, and 97 -252 Council Members Nays: None. Mayor Minor stated that he had pulled Item No. 9 and it would be taken up with Item No. 21. APPROVE PLAN NO. 9715 - REHABILITATE VARIOUS STREETS - APPLY SLURRY SEAL - AUTHORIZE ADVERTISEMENT FOR BIDS (16) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 9, 1997, regarding approval of plans and authorization to advertise for bids for the rehabilitation of various streets by the application of slurry seal. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated that the Department of Justice had written to the City that curb cuts must be installed when putting in slurry seal. 7 8/18/1997 Mayor Minor stated that he had instructed Public Works to put in curb cuts with the money that is available. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for rehabilitation of various streets, by application of slurry seal, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. ADOPT POLICY CONNECTION UNINCORPORATED PROPERTIES meeting - page 10) TO CITY'S SEWER SYSTEM (Discussed later in the (20) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 15, 1997, recommending the adoption of a policy relative to connecting unincorporated properties to the City's sewer system. Discussion ensued regarding how many hookups were anticipated, whether this would be an irrevocable agreement, and the feasibility of notifying new owners of their liability. It was the consensus of the Mayor and Council to take this matter up later in the afternoon. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 6.04.160 AND 6.04.170 AND CHAPTER 6.25 TO THE SAN BERNARDINO MUNICIPAL CODE SETTING FORTH DEFINITIONS FOR TITLE 6, PROHIBITING THE SALE OF ANIMALS IN PUBLIC PLACES, AND REQUIRING THE LICENSING AND RABIES VACCINATION OF CATS. First (21) Deborah L. Biggs, Director of Animal Control, stated that the ad hoc budget committee had recommended that the City come up with more than short-term fixes to balance the budget and cat licensing had been on their list of suggestions. She informed the Council of the following facts: 1) stray cats use one-third of the shelter; 2) they must be held for three days; 31 if injured, they must be taken to the vet; and 4) less than 1 percent of stray cats are returned to their owners. Ms. Biggs added that the proposed fees would be reduced for the first 180 days, there would be a caveat for senior citizens, and the proposal would not place a limit on the number of cats a person may have and does not require the cats to wear a collar or tag. Discussion ensued regarding the Geed for a more aggressive adoption program, how the proposal would be enforced, and the costs associated with vaccinating and altering felines. 8 8/18/1997 The following individuals spoke in opposition to the proposed ordinance: Philip Lindsley, Southwest Regional Director, The Cat Fanciers' Association, Inc., 3645 Lomacitas Lane, Bonita, CA, who stated that he has never seen a cat licensing program that did not lose money and the average compliance rate is 1-2 percent. Charles Scott, 174 West Victoria Street, San Bernardino, CA. Mandi Wooldridge, Box 146, Lake Arrowhead, CA, representing the Poinsettia City Cat Fanciers' Assoclation, who stated that the incidence of cat rabies is virtually nonexistent and submitted a notebook of information dated August 18, 1997. Kurt Van Luven, 162 East Marshall Blvd., San Bernardino, CA. Linda Pisani, 250 West Colorado, Arcadia, CA. Cherylee DeYoung, Congress Street, San Bernardino, CA. Lorraine Shelton, 2407 Laurel Tree Drive, Ontario, CA. Gary Kirby, 1505 Yardley Street, San Bernardino, CA. The following individuals submitted letters in opposition to the proposed ordinance: P. J. Pomphrey, Jr. and Isabel G. Cheney submitted a letter dated August 17, 1997, which was faxed from Redondo Beach. Joan Miller, Association, Inc., Legislative Coordinator, The Cat submitted a letter dated August 14, Fanciers' 1997. The following individuals spoke in support of the proposed ordinance: Brian M. Cronin, Executive Director of the Humane Society, 4924 Vail Lane, San Bernardino, CA, expressed his support, stating that 17 states require cat licensing at the state level. Joyce Martin, 2925 "G" Street, San Bernardino, CA, a member of the Animal Advisory Commission, stated the commission worked long and hard on this proposal, they strongly endorse it, and believe it is fair and equitable. Sue Dawson, 763 West Highland Avenue, San Bernardino, CA, stated that her only concern was the welfare of the cats. She stated that killing the surplus is not acceptable and cat licensing is not the total answer. No motion was brought forward by the Council, and no further action was taken on this matter. RECESS MEETING At 10:40 a.m., Mayor Minor declared a five-minute recess. 9 8/18/1997 RECONVENE MEETING At 10:47 a.m. Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, City Administrator Wilson. Absent: Council Members Curlin, Anderson, Miller. SET PUBLIC HEARING - SEPTEMBER 2, ESTABLISH CAT LICENSING FEES 1997 - 10:00 A.M. (9) Deborah L. Biggs, Director of Animal Control, submitted a Staff Report dated August 11, 1997, relative to setting a hearing to establish cat licensing fees. Council Member Devlin made a Member Oberhelman, and unanimously tabled. motion, carried! seconded by Council that the matter be ADOPT POLICY UNINCORPORATED meeting - page CONNECTION PROPERTIES 8) TO CITY'S (Discussed SEWER SYSTEM earlier in the (20) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 2, 1997. COUNCIL MEMBER ANDERSON RETURNED At 10:49 a.m., Council Member Anderson returned to the Council meeting and took her place at the council table. At this time, Mayor Minor announced that the Council would listen to as many public comments as time would permit regarding Agenda Item No. 28 before taking up the Planning items at 11:00 a.m. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS AND AMENDING SECTION 15.16.270 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING FIREWORKS, PERMITS, RESPONSIBILITY OF PARENT AND DISCHARGE GENERALLY. (Discussed later in the meeting - pages 14 & 18) First (28) 10 8/18/1997 A total of 1,815 individuals signed petitions circulated by The San Bernardino Community Non-Profit Coalition, or signed cards addressed to the Mayor and City Council Members requesting that the Council vote "No" on the banning of fireworks. Of the 1,815 signatures received, 251 were not residents of San Bernardino, or 14 percent. The Council Office received 16 calls against the fireworks ban and 5 calls supporting the fireworks ban. Barbara Ripley, President, San Gorgonio High School Band Booster Club, 2299 East Pacific Street, San Bernardino, CA, submitted a letter dated August 15, L997, opposing the ban on fireworks. The following individuals voiced opposition to the proposed ordinance, which would ban fireworks in San Bernardino: Cinda Laub, 26694 Ward Street, Highland, CA, and Joanne Sanchez, 240 East Kingman Street, San Bernardino, CA, representing Lakeside Little League. Sal Saavedra, 1509 Magnolia Avenue, San Bernardino, CA. Peggy Baker speaking for Esther Cook and representing Sweet Adelines, 2851 Valencia, San Bernardino, CA. Betty Gwartney, 303 Edgerton Drive, San Bernardino, CA, representing the Del Rosa Women's Club. Cheri Bronstrup, 2842 North Fremontia, San Bernardino, CA, representing the Junior Women's Club. At this time the Mayor and Council began consideration of Planning items and continued discussion of Agenda Item No. 28 to later in the afternoon. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & CITY ADMINISTRATOR WILSON EXCUSED At 11: 11 a. m., Senior Assistant City Attorney Carlyle and City Administrator Wilson left the Council meeting and were replaced by Deputy City Attorney Empeno and Planning and Building Services Director Hays. APPEAL HEARING - PLANNING COMMISSION APPROVAL - ONE-YEAR TIME EXTENSION - MAY 18, 1997 TO MAY 18, 1998 - TENTATIVE TRACT NO. 14112 & CONDITIONAL USE PERMIT NO. 89-67 CRAWFORD INVESTMENT PROPERTY MANAGEMENT (32) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated August 6, 1997, regarding the one- year extension of time granted by the Planning Commission for Tentative Tract No. 14112 and Conditional Use Permit No. 89-67, and recommending denial of the appeal. 11 8/18/1997 Shelly Rankin, 1850 Belmont COlirt, San Bernardino, CA, submitted a letter dated August 11, 1997, opposing Tentative Tract No. 14112, which included the names of five other individuals. Warner Hodgdon, 3295 Broadmoor Boulevard, San Bernardino, CA, submitted a letter dated August 18, 1997, expressing his sentiments regarding the Sterling Heights Tentative Tract No. 14112. Mayor Minor opened the hearing. Director Hays stated that Tentat.i ve Tract No. 14112 had originally been approved in 1990 and received a one-year time extension in 1993. This one year extension, combined with various state mandated time extensions, extended the expiration date to May 18, 1997. Mr. Hays pointed out that the appellant is appealing certain conditions which were imposed at the first extension in 1993, all of which pertain to the vacation or construction of Sterling Avenue. Therefore, it is unclear whether the appeal is based on the extension of time or the extension of conditions, although the issue of conditions was never discussed at the Planning Commission meeting. Deputy City Attorney Empeno pointed out that if the appeal was granted, it would eliminate the financing mechanism for the construction of Sterling Avenue. Attorney Barry Mason, 100 West Second Street, Suite 210, Pomona, CA, representing the first and second trust deed holders, requested that the appeal be denied and the time extension be granted, as they have a substantial amount invested in said project. Jack Vanderwoude, P.O. Box 5441, San Bernardino, CA, thanked the Planning and Building Services' and City Attorney's staff for the help they have provided on this project and voiced his concurrence with staff's recommendation. Ron Kemper, Crawford Investment Property Management, 1770 North Arrowhead Avenue, San Bernardino, CA, the appellant, stated that to their knowledge there is not an agreement to build Sterling Road, although they have been told by staff that one exists. He stated they would like to know if an agreement does in fact exist. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appeal be denied; and that the one-year extension of time request for Tentative Tract No. 14112 and Conditional Use Permit No. 89-67, be approved. 12 8/18/1997 APPEAL HEARING - PLANNING COMMISSION APPROVAL - TENTATIVE TRACT NO. 10302 - SUBDIVIDE 8.5 ACRES INTO 22 SINGLE- FAMILY RESIDENTIAL LOTS - WEST OF PALM AVENUE - NORTH & SOUTH OF AN EXTENSION OF PIEDMONT DRIVE IN RS, RESIDENTIAL SUBURBAN, DESIGNATION - PAMELA JOHNSON(33) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated August 7, 1997, regarding the appeal of the Planning Commission'S approval of Tentative Tract No. 10302, and recommending denial of said appeal. Mayor Minor opened the hearing. Director Hays explained that there were two issues for consideration--whether piedmont Drive should be extended and whether or not certain improvements were adequate to handle drainage runoff. He suggested that the Council might consider a pedestrian bridge across Baldridge Creek as an alternative to extending Piedmont Drive through the site. Council Member Oberhelman stated he had received several faxes from residents expressing concern with the project and he had also spoken with the developer. He inquired as to what action needed to be taken to move the project forward and yet not require a full extension of piedmont Drive. The following individuals spoke in opposition to Tentative Tract No. 10302, as approved, citing concerns regarding traffic, noise, safety, etc.: Sara White, 3630 piedmont Drive, San Bernardino, CA. Tinka Ponder, 2770 Cole Avenue, Highland, CA. Pamela Johnson, 3517 piedmont Drive, San Bernardino, CA, who also submitted documents signed by 23 other residents who were opposed. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed. Deputy City Attorney Empeno stated that since the appeal was based on the extension of Piedmont Drive, this project could be approved with a cul-de-sac on Piedmont Drive at the west end of the site and put a pedestrian bridge in replacement of the Piedmont extension. Mr. Empeno stated that the General Plan designates piedmont Avenue in its street system; however, he thought it was a collective street, which had been vacated in part. He added that coupling his suggestion with this revision to the tentative map, the Council could direct staff to initiate a general plan amendment to vacate piedmont Drive at this location so that the cul-de-sac, 13 8/18/1997 wi th the approval of the general plan amendment, would become permanent. William Snell, civil engineer for Vespar Development Company, stated that they are taking a neutral position; that they have no objection to that concept, although they really would not want to construct a cul-de-sac. He stated that he thought the street was wide enough to just end the street at that location. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the appeal be granted; that the project be approved with removal of the requirement that Piedmont Drive be extended through the site and instead locate a foot bridge at that location; that the cul-de-sac issue be resolved between the City Engineer, Planning and Building Services, and the developer; and that staff be directed to prepare the necessary general plan amendment. DIRECTOR OF PLANNING & BUILDING SERVICES HAYS AND DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11: 4 9 a. m., Director of Planning and Building Services Hays and Deputy City Attorney Empeno left the Council meeting and were replaced by City Administrator Wilson and Senior Assistant City Attorney Carlyle, respectively. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS AND AMENDING SECTION 15.16.270 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING FIREWORKS, PERMITS, RESPONSIBILITY OF PARENT AND DISCHARGE GENERALLY. (Discussed earlier and later in the meeting - pages 10 & 18) First (28) The following individuals voiced opposition to the proposed ordinance, which would ban fireworks in San Bernardino: Bob Fredericks, 394 West Hill Drive, San Bernardino, CA, representing the Tachikawa Sister City Committee. Ed Baumgartner, 2133 Kern Street, San Bernardino, CA, a member of the Tachikawa Sister City Committee. Alisa McKinster, 3621 Hemlock Drive, San Bernardino, CA, who was one of the students selected this year by the Tachikawa Sister City Committee to represent San Bernardino. James Smith, 2886 Valencia Avenue, San Bernardino, CA, representing the Native Sons and Native Daughters of the Golden West. Clare McCullough, 6675 Olive Avenue, San Bernardino, CA, representing the Sons of the Golden West. Katy Scoggin, 860 Glendenning l~ay, San Bernardino, CA, representing the San Bernardino High School Honors and Athletics Program. 14 8/18/1997 Deborah Sumpter, President of the Post 777 Little League. Jenny Martinez, 560 South "K" Street, San Bernardino, CA, representing the Victory Outreach Ministry. Reverend Dan Frazier, 1084 Western Avenue, San Bernardino, CA, representing the Abundant Life Ministry. Gary Kirby, 1505 Yardley Street, San Bernardino, CA. Dennis Revell, President of Revell Communications, 1121 "L" Street, Suite 806, Sacramento, CA, who also submitted a letter dated August 14, 1997. Kurt Reichardt, 3725 Canyon Terrace Drive, San Bernardino, CA, who represented San Bernardino in 1985 as an exchange student to Tachikawa. Jean Roche, 22392 Ladera, Grand Terrace, CA, representing the Job's Daughters. Warner Hodgdon, 3295 Broadmoor Blvd., San Bernardino, CA, who also submitted a letter dated August 18, 1997. The following individual expressed support for the ordinance banning the sale and use of fireworks: Jim Sivelle, 5350 Park Lane, San Bernardino, CA, a member of the Board of Police Commissioners, who stated that the Commission had voted unanimously to support the ban of fireworks at their August 11 meeting. It was the consensus of the Mayor and Council to bring this matter back in the afternoon. WAIVE FEES $225 SOFTBALL TOURNAMENTS BASEBALL SEASON - GUADALUPE YOUTH LEAGUE WINTER (29) Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated July 31, 1997, regarding a request for a waiver of fees in the amount of $225 for use of Sal Saavedra Field by the Guadalupe Youth League. Council Member Devlin made a motion, seconded by Council Member Anderson, that the request to waive fees in the amount of $225 for use of Sal Saavedra Field by Guadalupe Youth League, be denied. Peter Jimenez, 1457 West Fifth Street, San Bernardino, CA, stated that the waiver would only be for $125 because they would be doing some of the work themselves. Council Member Negrete made a substitute motion that the request to waive fees for use of Sal Saavedra Field by Guadalupe Youth League, be approved. The substitute motion failed for lack of a second. 15 8/18/1997 The original motion carried by the following vote: Council Members Arias, Oberhelman, Devlin, Anderson. Council Member Negrete. Absent: Council Members Curlin, Ayes: Nays: Miller. LUNCHEON WORKSHOP - ELECTRIC RESTRUCTURING - MAYOR ALBERT VERA - CITY OF CULVER CITY (34) Mayor Minor announced that the luncheon workshop had been canceled due to the illness of Mayor Vera. RECESS MEETING At 12:36 p.m., Mayor Minor recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, City Administrator Wilson. Absent: Council Members Curlin, Miller. MELLO-ROOS COMMUNITY FACILITIES DISTRICT - ASSESSMENT DISTRICT NO. 995 - AMENDED SETTLEMENT AGREEMENT - SB FIVE - IRVING FELDKAMP & RUTH NEWBURY (27) Mayor Minor submitted a Staff Report dated August 14, 1997, regarding Community Facilities District No. 995 wherein he recommended the development of an amended settlement agreement with Irving Feldkamp and Ruth Newbury. Special Counsel Timothy Sabo provided an surrounding this matter and explained the approval of same would benefit the City. overview of the facts form motion and how COUNCIL MEMBER CURLIN RETURNED At 2:10 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that staff be instructed to develop an amended settlement agreement with Irving Feldkamp and Ruth Newbury for Mello-Roos Community Facilities District (AD 995) which incorporates the deal points outlined in the Staff Report submitted by Mayor Minor, dated August 14, 1997. 16 8/18/1997 CITY ADMINISTRATOR WILSON EXCUSED At 2: 13 p. m., City Administrator Wilson left the meeting and was replaced by Economic Development Administrator Steinhaus. Council Agency 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 2:13 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. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. AWARD BID - APPROVE EXPENDITURE OF ACTION ENVIRONMENTAL - DEMOLITION WEST FIFTH STREET FUNDS - $153,843.00 - - BUDGET MOTEL - 738 (R6) Ann B. Harris, Executive Director, Main Street, Economic Development Agency, submitted a Staff Report dated August 8, 1997, regarding demolition of the Budget Motel located at 738 West Fifth Street. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the City Council award a bid to Action Environmental for $153,843.00 for the demolition of the Budget Motel located at 738 West Fifth Street and approve the expenditure of funds. AUTHORIZE APPLICATION & EXECUTION OF DOCUMENTS - FEDERAL ASSISTANCE - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - SAFE NEIGHBORHOOD GRANT (RS1) 17 8/18/1997 Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated August 15, 1997, regarding application to the United States Department of Housing and Urban Development for a Safe Neighborhood Grant. council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council and Community Development Commission authorize the Director of Development to execute all documents necessary for an application for federal assistance. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 2:51 p.m., Economic Development Agency Special Counsel Sabo left the Council meeting. ECONOMIC DEVELOPMENT AGENCY EXCUSED At 2:51 p.m. Economic Steinhaus left the Council Administrator wilson. ADMINISTRATOR STEINHAUS Development meeting and Agency Administrator was replaced by City AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS AND AMENDING SECTION 15.16.270 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING FIREWORKS, PERMITS, RESPONSIBILITY OF PARENT AND DISCHARGE GENERALLY. (Discussed earlier in the meeting - pages 10 & 14) First (28) Council Member Oberhelman asked whether any thought had been given to modifying the boundaries for the sale and use of fireworks, rather than a complete ban. Fire Chief Pitzer stated that a total ban lets everyone know fireworks are not acceptable and makes enforcement easier. He stated that as a fire professional, looking at it from the narrow perspective of what is best for the citizens, he could not in good conscience say anything less than a total ban is okay. Discussion ensued regarding the amount of revenue the service organizations realize from the sale of fireworks, the excellent services these organizations provide which would be eliminated if a ban was imposed, whether changing the boundaries would be feasible, and the number of fires attributed to illegal fireworks versus safe and sane fireworks. Chief Pitzer stated that information taken from recent fire reports indicated that there were 36 fires that were known to have been caused by fireworks. Approximate:y one-third were caused by safe and sane fireworks, one-third by lllegal fireworks, and one- third where it could not be determined what type of fireworks were used. 18 8/18/1997 Council Member Devlin made a motion, seconded by Council Member Curlin, that said ordinance be laid over for final adoption. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion, seconded by Council Member Anderson, that said ordinance be laid over for final adoption, as amended to state that no sales of any fireworks be allowed to anyone under the age of 18; that identification be required; that use or sale not be allowed above Highway 330; and that the period for sales shall end at 5:00 p.m. on July 4. The substitute motion failed by the following vote: Ayes: Council Members Oberhelman, Anderson. Nays: Council Members Negrete, Curlin, Arias, Devlin. Absent: Council Member Miller. Some of the Council felt that the motion was too complicated and the deadline for sales too early. Council Member Devlin restated his motion, seconded by Council Member Curlin, that said ordinance be laid over for final adoption. The motion failed Member Devlin. Nays: Oberhelman, Anderson. by the following vote: Ayes: Council Members Negrete, Curlin, Absent: Council Member Miller. Council Arias, Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be laid over for final adoption, as amended to state that no sales of any fireworks be allowed to anyone under the age of 18; that identification be required; that use or sale not be allowed above Highway 330; and that the period for sales shall end at 10:00 p.m. on July 4. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson. Council Member Curlin. Absent: Council Member Miller. Council Nays: PUBLIC HEARING - SALE OF CITY PROPERTY - EAST OF FLORES STREET & SOUTH OF TENTH STREET - TO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (22) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 31, 1997, regarding the sale of City property located generally south of Tenth Street and east of Flores Street. Mayor Minor opened the hearing. No public comments were received. 19 8/18/1997 Council Member Oberhelman questioned whether there was an appraisal of the property, how the property was currently zoned, and whether an environmental study had been done, stating that he would like to know this information prior to making a decision. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of September 15, 1997, for the purpose of obtaining an environmental assessment, appraisal, and current zoning of the property. PUBLIC WITHIN FEES HEARING - THE CITY IMPOSE LIENS ON REAL PROPERTY LOCATED UNCOLLECTED BUSINESS REGISTRATION (23) City 31, 1997, throughout Clerk Rachel Clark submitted a Staff Report dated July relative to imposing liens on real property located the city for uncollected business registration fees. Mayor Minor opened the hearing. No public comments were received. RES. 97-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (23) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 97-253 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 97-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF "TO ESTABLISH A NO PARKING ANY TIME ZONE ON TIPPECANOE AVENUE BETWEEN THE 1-10 FREEWAY AND MILL STREET. (24) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. 20 8/18/1997 Resolution No. 97-254 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE DELEGATION OF CERTAIN MAINTENANCE FUNCTIONS ON STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO; AND RESCINDING RESOLUTION NO. 84-58. (25) Council Member Arias made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken. ) Council Member Oberhelman wondered if the City would be assuming any additional liability. He stated that he was not comfortable with the agreement and that maybe things could be worked out with the State. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the matter be tabled. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson. Council Member Curlin. Absent: Council Member Miller. Council Nays: COUNCIL MEMBER ANDERSON EXCUSED At 3:38 p.m., Council Member Anderson left the Council meeting. RES. 97-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT WITH GREAT WESTERN SAVINGS FOR SERVICES AS ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN BY MODIFYING EXHIBIT "A" TO INCLUDE ADDITIONAL INVESTMENT VEHICLES. (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-255 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin. Nays: None. Absent: Council Members Anderson, Miller. ORD. Me-100l - 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. Final (30) 21 8/18/1997 Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-1001 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin. Nays: None. Absent: Council Members Anderson, Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, ADDING CHAPTER 3.80 TO THE CITY OF SAN MUNICIPAL CODE ESTABLISHING A COST RECOVERY BOOKING FEE COLLECTIONS. (Continued from 1997) First CALIFORNIA, BERNARDINO SYSTEM FOR August 4, (31A) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH GC SERVICES LIMITED PARTNERSHIP TO COLLECT CRIMINAL JUSTICE ADMINISTRATION FEES FROM ARRESTED AND CONVICTED PERSONS ON BEHALF OF THE CITY OF SAN BERNARDINO. (Continued from August 4, 1997) (31B) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carrled, that the matter be continued to the Mayor and Council meeting of September 2, 1997. DISCUSS & TAKE ACTION - MANUFACTURE, SALE, USE - WEAPONRY - "SATURDAY NIGHT SPECIAL" POSSESSION, (Sl) Council Member Curlin submitted a Staff Report dated August 15, 1997, recommending that this matter be referred to the Legislative Review Committee. Council Member Negrete made a motion, seconded by Council Member Devlin, that the matter be tabled. The mot ion Members Negrete, Curlin. Absent: carried by the following vote: Ayes: Council Arias, Oberhelman, Devlin. Nays: Council Member Council Members Anderson, Miller. COUNCIL MEMBER ANDERSON RETURNED At 3:40 p.m., Council Member Anderson returned to the Council meeting and took her place at the council table. TAKE IMMEDIATE ACTION - CROSSING GUARDS - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (NE1) Council Members Oberhelman and Anderson submitted a memorandum dated August 18, 1997, addressed to the Honorable Mayor and Common Council, regarding Council action to resolve the current lack of crossing guards. Also submitted was a list of 67 individuals who had called the Council Office wanting crossing guards. 22 8/18/1997 Senior Assistant City Attorney Carlyle informed the Council that Section 54954.2 (b) (2) of the California Government Code states that the agenda must be posted 72 hours prior to the meeting; that only in an emergency can the Council consider items not posted on the agenda. Council Member Anderson made a motion, seconded by Council Member Oberhelman, that the matter arose subsequent to the posting of the agenda. The motion failed by the Members Oberhelman, Anderson. Curlin, Arias, Devlin. Absent: following vote: Nays: Council Council Member Ayes: Members Miller. Council Negrete, There was no further action taken on this matter. ADJOURNMENT At 3:44 p.m., the meeting regular meeting will be held at 1997, in the Council Chambers of San Bernardino, California. (35) was adj ourned. The next joint 8:00 a.m., Tuesday, September 2, City Hall, 300 North "D" Street, RACHEL G. CLARK City Clerk BY~~ inda Hartze Deputy City Clerk No. of Items: 40 No. of Hours: 6.25 23 8/18/1997