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HomeMy WebLinkAbout02-19-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 19, 1996 COUNCIL CHAMBERS This is the time and place set for a regular meeting of the Mayor and Common Council of the City of San Bernardino. A quorum not being present at 8:00 a.m., said meeting was recessed until 9:00 a.m., Monday, February 19, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 and Mayor and Common Council while the meeting was recessed. The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:02 a.m., Monday, February 19, 1996, 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 Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Negrete. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. PRESENTATION BERNARDINO BLACK CHAIRPERSON AWARD PRESENTED TO CULTURAL FOUNDATION THE CITY ROSLYN SAN KRAUT, (2) Roslyn Kraut, Chairperson, San Bernardino Black Cultural Foundation, presented an award to the City and CATV, Channel 3, for their support of the 27th annual parade and celebrations held February 2-4, 1996, in honor of Black History Month. Mayor Minor and Mansie Booker, Video Production Coordinator, Telecommunications Division, accepted the awards. 1 2/19/96 PRESENTATION EMPIRE AFRICAN ORGANIZER AWARD PRESENTED TO THE CITY AMERICAN UNITY COALITION - JIM INLAND KING, KEY (2A) Jim King, Key Organizer, Inland Empire African American Unity Coalition, presented an award to the City, Main Street, Inc. and CATV, Channel 3, for their support and services provided in connection with the Unity Gathering held on January 13, 1996, in honor of the Martin Luther King, Jr. holiday. Mayor Minor, Ann Harris, Executive Director, Main Street, Inc. and Mansie Booker, Video Production Coordinator, Telecommunications Division, accepted the awards. PRESENTATION - AWARD PRESENTED TO THE CITY - 1995 GRAND AWARD - CITY HALL PUBLIC INFORMATION AWARD COMPETITION - CATEGORY FOR POPULATION OVER 50,000 - CHRISTY NEWEY - PUBLIC RELATIONS REPRESENTATIVE, CITY ADMINISTRATOR'S OFFICE (2B) Christy Newey, Public Relations Representative, City Administrator's Office, explained that the City was honored with the 1995 Grand Award for the City Hall Public Information Award Competition in the category for population over 50,000, and presented the award to the City. The award was given to recognize the 1995 Community Calendar. Mayor Minor, City Clerk Rachel Clark and Timothy Steinhaus, Agency Administrator, Economic Development Agency, accepted the award. SERVICE PIN AWARDS (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in gratitude of their many years of dedicated service to the City: Name Deoartment Years of Service Susan Woods Michael Fowler Patricia Kaplan Brad Hilder William McClain Martin Riddle Finance Police Police Police Public Services Public Services 5 year pin 5 year pin 5 year pin 30 year pin 10 year pin 25 year pin Each employee received a service pin presented by Mayor Minor. 2 2/19/96 MUSICAL PRESENTATION - MRS. MONTH EMMA NEAL - BLACK HISTORY (2D) Council Member Pope-Ludlam explained that in honor of Black History Month, February 1996, she asked Mrs. Neal to sing a few Negro spirituals. Mrs. Neal, accompanied by Glen Jordan on the piano, delivered a beautiful rendition of Negro spirituals. PRESENTATION - COUNCIL MEMBER POPE-LUDLAM - SERVICE TO THE CITY - MAYOR MINOR (2E) Mayor Minor presented Council Member Pope-Ludlam an award in recognition of her dedicated service to the City as the Sixth Ward Council Member from June 1987 to March 1996. Council Member Pope-Ludlam accepted her award. PRESENTATION - COUNCIL MEMBER HERNANDEZ - SERVICE TO THE CITY - MAYOR MINOR (2F) Mayor Minor presented Council Member Hernandez an award in recognition of his dedicated service to the City as the Third Ward Council Member from June 1991 to March 1996. Council Member Hernandez accepted his award. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (3) Council Member Curlin submitted to the Mayor and Council his letter of resignation from the San Bernardino International Airport Authority, effective March 4, 1996, and recommended the appointment of Council Member Devlin. He also expressed concern regarding health and safety within the City and urged the Mayor and Council to continue fighting crime, graffiti, parole dumping and disregard for the curfew law. ANNOUNCEMENTS - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez thanked those individuals, employees, and City administrators who supported and eased his job throughout his tenure as Third Ward Council Member. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman expressed condolences to the families of Everett Cates, Truitt Westbrook (Ann & Bob Botts) and former Councilmember Harold Lord for their passing. He also expressed support for those individuals involved with the San Bernardino Auto Show and the Solo II Rallies, sponsored by the Sports Car Club of America. 3 2/19/96 ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (3C) Council Member Devlin provided a synopsis of the action taken to ensure the demolition of the building located at Marshall Boulevard. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (3D) City Clerk Rachel Clark reminded City residents that Monday, February 26, 1996, is the last day to register to vote in the March 26, 1996, State wide Primary Election. ANNOUNCEMENTS - CITY ADMINISTRATOR SHAUNA CLARK (3E) City Administrator Shauna Clark explained that she met with individuals representing neighborhood and public associations who are willing to complete the first step necessary for code enforcement. Ms. Clark explained that the individuals would be sending out letters for voluntary compliance and stated that the program would be submitted to the Mayor and Council for approval. ANNOUNCEMENTS - MAYOR MINOR (3F) Mayor Minor explained that during his announcement made at the Council Meeting of February 5, 1996, the crime statistics had been reported inaccurately and provided the following corrected data: - Crime dropped by 8.62 percent - Violent Crime categories showed a decrease with the exception of assaults which went up by 1 percent - Rapes dropped by 38.04 percent - Burglaries dropped by 18.80 percent - Murder dropped by 7.04 percent The decrease can be attributed programs, such as, problem oriented streets and city volunteers. to the many police and city policing (POP), operation safe PUBLIC COMMENTS - DWIGHT BORICH (4) Dwight Borich, 1797 N. Mt. View, San Bernardino, CA, expressed concern regarding the rental housing program and urged the Council to stop the program because it has caused too much racial tension. PUBLIC COMMENTS - LARRY SINGLETON (4A) Larry Singleton, 687 W. 9th Street, San Bernardino, CA, expressed concern relative to the availability of public documents. 4 2/19/96 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, 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 (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: December 18, 1995; January 8, 1996; January 30, 1996. (Note: Council Member Devlin abstained from approving the minutes of January 8, 1996.) RES. 96-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (7) RES. 96-43 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (8) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 96-42 and 96-43 were vote: Ayes: Council Members Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. Negrete. adopted by the following Hernandez, Oberhelman, Absent: Council Member CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated February 5, 1996, from the Director of Finance, be approved. RES. 96-44 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 12 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF HIGHLAND AVENUE, FROM DENAIR AVENUE TO 350 FEET EAST OF BOULDER AVENUE. (11) 5 2/19/96 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 96 -44 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. PERSONNEL ACTIONS (10) Concern was expressed regarding whether or not the positions were vacant prior to the adoption of the fiscal year 1995/96 budget. Jim Howell, Assistant Director of Public Services, was recognized for his promotion to Director of Public Services and the fine work he has done. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 8, 1996, 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. RES. 96-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J.E.G. CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT MILL STREET AND MERIDIAN AVENUE. (12) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. A discussion was held regarding the need to repair the east sidewalk on Meridian Avenue. Council Member Hernandez amended his motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; and that the contract be amended to include sidewalk repair on the east side of Meridian Avenue. The motion carried and Resolution No. 96-45 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RECLASSIFY ADMINISTRATIVE OPERATIONS SUPERVISOR II POSITION TO AN ADMINISTRATIVE ANALYST POSITION FACILITIES MANAGEMENT (13) Barbara Dillon, Director of Personnel, submitted a Staff Report dated February 12, 1996, concerning the reclassification of an Administrative Operations Supervisor II position to an Administrative Analyst position within the Facilities Management Department. 6 2/19/96 Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, that one (1) Administrative Operations Supervisor II position, Range 4400, $3,264-$3,967/month, be reclassified to an Administrative Analyst position, Range 4380, $2,954-$3,S91/month; and that the Personnel Department be directed to update Resolution No. 95-428 to reflect this particular action. Concern was expressed regarding whether or not the matter should be continued until the mid-year budget has been reviewed. Council Member Oberhelman made a substitute motion that the matter be continued to March 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion failed for lack of a second. The motion carried by Members Curlin, Hernandez, Council Member Oberhelman. the following vote: Ayes: Council Devlin, Pope-Ludlam, Miller. Nays: Absent: Council Member Negrete. REORGANIZATION - DELETE VACANT ACCOUNTANT & ACCOUNTING TECHNICIAN POSITIONS - ESTABLISH ONE ACCOUNT CLERK II & ONE ADMINISTRATIVE ANALYST POSITION UPGRADE ONE ACCOUNTANT POSITION TO AN ACCOUNTANT II FINANCE DEPARTMENT (14) Barbara Dillon, Director Report dated February 6, reorganization of the Finance of Personnel, submitted 1996, concerning the Department. a Staff proposed Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that one (1) vacant Accountant position, Range 1346, $2,493-$3,030/month be deleted; that one (1) vacant Accounting Technician position, Range 1326, $2,256-$2,743/month be deleted; that one (1) Account Clerk II position, Range 1267, $1,681-$2,044/month be established; that one (1) Administrative Analyst position, Range 4380, $2,954-$3,591/month be established; that one (1) Accountant position, Range 1346, $2,493-$3,030/month be upgraded to an Accountant II position, Range 2365, $2,741- $3,332/month; and that the Personnel Department be directed to update Resolution No. 95-428 to reflect this particular action. (Note: The vote was taken after discussion.) Concern was expressed regarding whether or not the matter should be continued until the mid-year budget has been reviewed. Barbara Pachon, Director of Finance, answered concerning the proposed reorganization and explained positions do not require any additional funds. questions that the Council Member Oberhelman made a substitute motion that the matter be continued to March 4, 1996, in the Council Chambers of 7 2/19/96 City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion failed for lack of a second. The motion carried by Members Curlin, Hernandez, Council Member Oberhelman. the following vote: Ayes: Council Devlin, Pope-Ludlam, Miller. Nays: Absent: Council Member Negrete. RECESS MEETING At 9:55 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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 Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Negrete. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (15) This is the time and place set for a public hearing to consider the imposition of liens on property located within the City for uncollected business registration fees. Rachel Clark, City Clerk, February 1, 1996, concerning the business registration fees. submitted a Staff Report dated placement of liens for uncollected Rachel February 19, from Exhibit Clark, City Clerk, submitted a 1996, requesting that 460 W. 18th A of said resolution. memorandum dated Street be deleted Mayor Minor opened the hearing. City Clerk Rachel Clark explained that the property located at 1053 N. Mt. View Avenue should also be deleted from Exhibit A. RES. 96-46 - 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. (15) Council Member Oberhelman made a motion, seconded Member Hernandez, that the hearing be closed; and resolution be adopted as amended to delete the following by Council that said properties 8 2/19/96 from Exhibit A: 460 W. 18th Street and 1053 N. Mt. View Avenue. The motion carried and Resolution No. 96-46 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 2934 - 1371 WEST BASELINE STREET - FRANK GARCIA, JR. (16) This is the time and place set for a public hearing to consider an appeal of the Board of Building Commissioners' Order No. 2934 relative to the property located at 1371 W. Baseline Street. Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated Januacy 2, 1996, concerning an appeal of the Board of Building Commissioners' Order No. 2934 concerning the property located at 1371 W. Baseline Street. Frank Garcia, submitted a letter matter be continued Jr., 8335 Mediterranean Way, Sacramento, CA, dated February 16, 1996, requesting that the to March 4, 1996, due to a death in the family. Council Member Hernandez made a motion, seconded Member Miller, and unanimously carried, that the continued to March 4, 1996, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, AUTHORIZE ESTABLISHMENT ASSESSMENT DISTRICT - PORTIONS DRIVE - TRACT NO. 15642 LANDSCAPE MAINTENANCE OF PINE AVENUE & KENDALL (17) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 5, 1996, concerning a request for the formation of an assessment district for the maintenance of landscaping along Kendall Drive and Pine Avenue within Tract No. 15642. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code for maintenance of landscaping along portions of Kendall Drive and pine Avenue, within Tract No. 15642, and along Pine Avenue, between the north line of Tract No. 15642 and Irvington Avenue. AUTHORIZE PARTICIPATION - SEWER MAIN SYSTEM EXTENSION - PALM AVENUE, FROM VERDEMONT DRIVE TO 1200 FEET TO THE NORTH - $52,000 - DAN & THERESA GALLAGHER (18) 9 2/19/96 Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 5, 1996, concerning a request from Dan and Theresa Gallagher for the City's participation in the extension of the sewer main system in Palm Avenue, from Verdemont Drive to 1200 feet to the north. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that participation by the City in the extension of a sewer main in Palm Avenue, from Verdemont Drive to a point about 1,200 feet to the north, be approved; and that the expenditure of $52,000, from Account No. 245-365-5504-1926, "City's Share of Sewer Extensions," be approved to finance the cost for extending the sewer main in excess of 300 feet. APPROVE CONTRACT CHANGE ORDER NO. ONE - ADDITIONAL WORK - 358 CUBIC YARDS OF CONCRETE SLURRY BACKFILL MATERIAL UNDERNEATH SANTA FE RAILROAD TRACKS - $12,812 - PHASE I OF NORTHWEST INTERCEPTING SEWER & STORM DRAIN " I " STREET, FROM MILL STREET TO SANTA FE YARD - UTAH PACIFIC CONSTRUCTION (19) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 7, 1996, concerning Contract Change Order No. One for Utah Pacific Construction in the amount of $12,812, for additional work performed during Phase I of the northwest intercepting sewer and storm drain in "I" Street. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that Change Order No. One to the contract with Utah Pacific Construction for construction of the storm drain and Phase I of the northwest intercepting sewer in "I" Street, from Mill Street to the Santa Fe Yard, in accordance with Plan Nos. 9169/9169-A, be approved; to compensate the contractor for the additional work performed in the placement of approximately 358 cubic yards of concrete slurry backfill material underneath the Santa Fe Railroad tracks, as required by the railroad, at an increase in the contract price of $12,812; from $999,888 to $1,012,700. AUTHORIZE - SALE OF CITY PROPERTY - SOUTHEAST CORNER OF OHIO & OLIVE AVENUES - APPRAISAL SERVICES (20) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 12, 1996, requesting authorization for the sale of city property located at the southeast corner of Ohio and Olive Avenues and appraisal services not to exceed $3,500. Council Member Miller made a motion, seconded by Council Member Hernandez, that the Director of Public Works/City Engineer be authorized to proceed with the sale of that certain land located 10 2/19/96 at the southeast corner of Olive Avenue and Ohio Avenue, which is hereby declared surplus, and to do all things necessary according to established procedures and incidentals to the sale of said property; and that an amount not to exceed $3,500 be authorized for appraisal services. The motion Members Curlin, None. Absent: Pope-Ludlam. carried by the following vote: Hernandez, Oberhelman, Devlin, Council Member Negrete. Abstain: Ayes: Council Miller. Nays: Council Member RES. 96-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY. (22) A discussion was held relative to the amount being charged for fire services and the benefits derived from the former Norton Air Force Base. Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-47 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. ADOPT PROPOSED GUIDELINES DEFERMENT OF DEVELOPMENT IMPACT FEES (See Related Item Nos. Sl & S2.) (Applies to new single family developments, sunset clause after one year, administrative fee imposed and no further deferrals allowed.) (23) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES. (See Related Item Nos. 23 & S2.) (Applies to all developments, no sunset clause and administrative fee and further deferrals are not mentioned.) (Sl) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055 AND 19.30.320 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 15.73.065 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. (See Related Item Nos. 23 & Sl.) (Applies to all developments, no sunset clause and administrative fee and further deferrals are not mentioned.) (S2) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated February 12, 1996, concerning proposed guidelines for 11 2/19/96 the deferment of development impact fees. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the guidelines in Attachment A of the Staff Report dated February 12, 1996, from Fred Wilson, Assistant City Administrator, relative to the deferment of development impact fees be adopted; that the City Attorney be directed to amend the applicable ordinances and resolutions to implement this action; that said resolution be adopted; and that said ordinance be laid over for final adoption. Discussion ensued regarding the proposed options for the deferment of development impact fees. David Mlynarski, 680 S. Waterman Avenue, San Bernardino, CA, inquired about the various options. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the guidelines in Attachment A of the Staff Report dated February 12, 1996, from Fred Wilson, Assistant City Administrator, relative to the deferment of development impact fees be adopted; and that the City Attorney be directed to amend the applicable ordinances and resolutions to implement this action. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution and ordinance be tabled. INSTALL DISCUSS LUDLAM SIGNAL LIGHT AT 21ST STREET & MT. VERNON AVENUE - & TAKE POSSIBLE ACTION - COUNCIL MEMBER POPE- (24) Council Member Pope-Ludlam submitted a Staff Report dated February 6, 1996, requesting that discussion and possible action be taken to install a traffic signal at 21st Street and Mt. Vernon Avenue. Anwar Wagdy, Traffic Engineer, Public Works/Engineering, submitted a memorandum dated February 16, 1996, relative to the studies made to warrant a traffic signal at 21st Street and Mt. Vernon Avenue. Two petitions dated February 16, 1996, totaling 23 signatures, were submitted in support of the traffic signal. Director Hardgrave answered questions regarding the availability of funds and stated that the level of accidents does not warrant a traffic signal; however, it is anticipated that a signal would be installed with the allocation of fiscal year 1997/98 funds. 12 2/19/96 Carl Clemons, 1940 Base Line Street, San Bernardino, CA, expressed support for the installation of a traffic signal. Discussion ensued regarding the availability of funds and the possible use of community development block grant funds. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Director of Public Works/City Engineer be directed to prepare plans and specifications for the installation of a traffic signal at the corner of 21st Street and Mt. Vernon Avenue; and that the use of funds be considered upon the reallocation of community development block grant funds in the latter part of Mayor the first part of June. Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, that the allocation of funds be pursued; and that the matter be brought back for approval by the Mayor and Council. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the installation of a traffic signal at 21st Street and Mt. Vernon Avenue be approved in concept; and that the Director of Public Works/City Engineer be directed to come back to the Mayor and Council with alternate means of financing. RECESS MEETING At 11:09 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:14 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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 Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Negrete. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:14 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 2/19/96 NOTE: The items reflected within the Community Development Commission portion of the minutes are those which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R3, R4, R6, R7, R9, R10, R11 and RS1 will not be annotated. 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 Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. APPROVE PLAN NO. 9446 - AUTHORIZE ADVERTISEMENT FOR BIDS REROOF YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA) SWIMMING POOL BUILDING (R5) Roger submitted reroofing building. Hardgrave, Director of Public Works/City Engineer, a Staff Report dated February 7, 1996, concerning the of the Young Women's Christian Association swimming pool Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for reroofing the Young Women's Christian Association (YWCA) swimming pool building, in accordance with Plan No. 9446, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RIO VISTA COMMUNITY PARTNERSHIP - CONTINUE STAFF SUPPORT - ONE GENERAL BUILDING INSPECTOR AND ONE FIRE PREVENTION OFFICER - YEAR TWO - $90,200 (R8) Timothy Steinhaus, Agency Administrator, Economic Development Agency, submitted a Staff Report dated February 14, 1996, relative to the continuation of staff support for the Rio Vista Community Partnership for an additional one-year period. Lieutenant F. Mankin, Police Department, submitted a memorandum dated February 16, 1996, concerning the effectiveness of the Rio Vista Community Partnership. Captain Wes Farmer, Police Department, answered questions regarding the reduction of crime and the various entities involved with the Rio Vista Community Partnership. Concern was expressed as to whether the crime disseminates into the surrounding areas and the damage the shifting of police personnel has on the success of the various programs. 14 2/19/96 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council receive and file the attached report from the Rio Vista Community Partnership; and that the Mayor and Common Council approve continued staffing and support of the Rio Vista Project for a second year as outlined in the attached Staff Report from Barbara Dillon, Director of Personnel, dated February 5, 1996, in the amount of $90,200. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. CITY ATTORNEY PENMAN EXCUSED At 11:49 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COUNCIL MEMBER CURLIN EXCUSED At 11:55 a.m., Council Member Curlin left the Council meeting. RECESS MEETING At 12:02 p.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "Dn 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; Planning & Building Services Director Boughey. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT - FOOTHILL FIRE ZONES OVERLAY REMOVE BUILDING & FIRE CODE REQUIREMENTS FROM CHAPTER 19.15, DEVELOPMENT CODE CREATE & PLACE IN CHAPTER 15.10, MUNICIPAL CODE - CITY INITIATED (26) This is the time and place set for a public hearing to consider a development code amendment t.o consolidate the building and fire code requirements. 15 2/19/96 Al Boughey, Director of Planning & submitted a Staff Report dated January 25, approval of a development code amendment building and fire code requirements. Building Services, 1996, requesting the to consolidate the Mayor Minor opened the hearing. Director Boughey explained that the development code amendment would consolidate building and fire code requirements. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.15 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE FOOTHILL FIRE ZONES OVERLAY. First (26) AN ORDINANCE OF THE CITY OF SAN BERNARDINO CREATING CHAPTER 15.10 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE FOOTHILL FIRE ZONE BUILDING STANDARDS. First (26) Council Member Miller made a mction, Member Oberhelman, and unanimously carried, closed. seconded by Council that the hearing be Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinances be laid over for final adoption. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:07 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE RE-USE OF NONCONFORMING COMMERCIAL AND INDUSTRIAL STRUCTURES. Urqency ( S 5 ) NOTE: The ordinance was not distributed with the backup material and therefore is not available for reference. City Attorney Penman explained that the provisions within the ordinance do not warrant an urgency ordinance. Council Member Negrete made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Council initiate an amendment to Development Code Chapter 19.62 regarding the legal nonconforming status of structures or uses which have become vacant or discontinued because of a court order based upon public nuisance abatement, drug abatement or red-light abatement and regarding the retrospective application of Ordinance No. MC- 957. 16 2/19/96 PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:16 p.m., Planning & Building Services Director Boughey left the Council meeting and was replaced by City Administrator Shauna Clark. WAIVE FEES TEMPORARY USE PERMIT FEES CARNIVALS COMMUNITY AND SCHOOL ALLIANCE (CASA) FEBRUARY 29 THROUGH MARCH 3 AND THROUGH NOVEMBER 3, 1996 $596 TWO FOUNDATION OCTOBER 31 (S3) Shauna Clark, City Administrator, submitted a Staff Report dated February 14, 1996, concerning a request from Community and School Alliance Foundation (CASA) for a waiver of temporary use permit fees in the amount of $596 for the conduct of two carnivals. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request by Community and School Alliance Foundation (CASA) for a waiver of the temporary use permit fees in connection with their two carnivals scheduled for February 29 through March 3 and October 31 through November 3, 1996, respectively, in the amount of $596 be approved. RES. 96-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 14830, LOCATED ON THE SOUTH SIDE OF SIXTH STREET, 660 FEET WEST OF LANKERSHIM STREET; AND AUTHORIZING EXECUTION OF THE PARCEL MAP IMPROVEMENT AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (84) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 96-48 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, CITY GOVERNMENT REFORM - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM FEBRUARY 5, 1996 (25) This is the time and place continued to discuss and take possible action relative to the establishment of a City Manager type of government and the appointment of a City Attorney versus an elected City Attorney. Discussion ensued concerning a rumor that a committee has been organized to pursue the possibility of the establishment of a City Manager form of government. Mayor Minor explained that a committee has been formed, comprised of 15-20 key community leaders, to pursue a City Manager 17 2/19/96 form of government and recommend amendments to the City Charter; however, the specifics have not been determined. When the recommendations are complete, the Mayor will place them on the agenda of the Mayor and Council to consider the possibility of holding a special election. Concern was expressed that all ethnic groups be represented. A discussion was held concerning the current form of government and the changes the City has realized. Council Member Devlin made a Member Oberhelman, and unanimously tabled. motion, carried, seconded by Council that the matter be RECESS MEETING - CLOSED SESSION - REFERENCED LATER IN THE MEETING - SEE PAGE 20 At 2:51 p.m., the Mayor and Development Commission recessed following: (1,S6&R10) Common Council and Community to closed session for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz. et al. vs. James F. Penman, et al. United States Court of Appeals - Ninth Circuit No. 93- 55393; United States District Court Case No. CV 91-5757 CMB; People vs. Richard Fairchild, et al. - San Bernardino Superior Court Case No. SCV 22549. B. Conference with legal counsel significant exposure to subdivision (b) of Government cases. - anticipated litigation - litigation pursuant to Code Section 54956.9: two C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one case. CLOSED SESSION At 2:51 p.m., Mayor Minor called the closed session to order in the conference room of 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City 18 2/19/96 Washington, D.C. City Attorney Penman announced that due to the fact that the swearing-in ceremony for newly-elected officials would not take place until 9:00 a.m., Monday, March 4, 1996, the regular meeting (closed session) will not begin until 10:30 a.m. RECESS MEETING At 4:09 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:14 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 4:14 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/ San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community ADJOURNMENT (27) At 6:02 p.m., the regular meeting adjourned. The next scheduled regular meeting will be held at 8:00 a.m., Monday, March 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By -! ~ ',~ J.#t-<-d ann a Cordova eputy City Clerk No. of Items: No. of Hours: 37 7 hrs. 21 2/19/96