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HomeMy WebLinkAbout06-24-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JUNE 24, 19% COUNCIL CHAMBERS This is the time and place set for an adj ourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m., Monday, June 17, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tem Curlin at 10:13 a.m., Monday, June 24, 1996, In the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Curlin; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Nedina, City Administrator Shauna Clark. Absent: None. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT - MAYOR PRO TEM CURL"N Mayor Pro Tem Curlin wished Mayor Minor a speedy recovery from his recent surgery. PUBLIC HEARING CONFIRM 1996/97 ASSESSMENT LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NOS. 986, 989, 991, 993, 1001 & 1005 ROLLS 952, 981, (1) Mayor Pro Tem Curlin read the resolution titles into the record. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 3, 1996, regarding confirmation of the 1996/97 Assessment Rolls for Landscape Maintenance Assessment District Nos. 952, 981, 986, 989, 991, 993, 1001 and 1005. Mayor Pro Tem Curlin opened the hearing. 1 6/24/1996 RES. 96-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2 AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE UNIVERSITY AREA. (lA) Director Hardgrave stated that two written protests had been received from the following individuals opposing Landscape Maintenance Assessment District No. 952: Gregory K. Hughes, P.O. Box 935, Palo Cedro, CA, submitted a letter dated May 10, 1996. Ken Schmidt, 4848 Village Green Way, San Bernardino, CA, submitted an undated letter. There were no additional written or verbal protests or public comments regarding Assessment District No. 952. Council Member Miller made a mo:::ion, seconded by Council Member Anderson, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 952, Zones 1, 2, and 3, be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-179 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (lB) Mayor Pro Tem Curlin opened the hearing. There were no written or verba~ protests and no public comments regarding Assessment District No. 981. Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 981 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-180 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. 2 6/24/1996 RES. 96-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (lC) Mayor Pro Tern Curlin opened the hearing. There were no written or verbal protests and no public comments regarding Assessment District No. 986. Council Member Miller made a motion, seconded by Council Member Devlin, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 986 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-181 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (lD) Mayor Pro Tern Curlin opened the hearing. No written or verbal protests were received and there were no public comments regarding Assessment District No. 989. Council Member Anderson made a motion, seconded by Council Member Negrete, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 989 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-182 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (IE) Roger Hardgrave, Director of Public Works/City Engineer, stated that the following individuals voiced protest to Assessment District No. 991 at the public meeting held on May 28, 1996: Terry Moll, 6705 N. Steven Way, San Bernardino, CA. Don Strimpel, 6816 N. Verdemont, San Bernardino, CA. 3 6/24/1996 There were no additional written or verbal protests and no public comments regarding Assessment District No. 991. Director Hardgrave stated that staff believes the contractor is doing a good job in conformance with the terms of the contract. He noted that this area has had a high incidence of theft of newly planted landscaping; therefore, staff has deferred the replacement of much of this landscaping until the thefts have abated. Council Member Anderson made a motion, seconded by Council Member Arias, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 991 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-183 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE, SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET. (IF) Mayor Pro Tem Curlin opened the hearing. Director Hardgrave stated that vandalism is an on-going problem in this area, especially wl:ere retention basins are located. He added that staff lS considering installation of wrought iron fencing around these areas. Director Hardgrave noted that a letter dated June 10, 1996, and endorsed by 36 residents of the Cimarron Ranch area had been received, wherein the residents petitioned for police surveillance in their subdivision to combat the increased vandalism in the area. No other written or verbal protests were received regarding Assessment District No. 993. Charles Durham, 4805 N. Cristy Avenue, San Bernardino, CA, stated that the residents in Assessment District 993 did not oppose an increase in their district; however, they would like to see some police presence in the area, which they believe would cut down on much of the vandalism. Mr. Durham stated that there has been no police surveillance in the area of any kind since 1993, and when residents do call the police, they are told there are more serious matters to handle or a report is taken over the phone. He added that nothing is being done to educate the people that these flood control areas are not parks, and voiced opposition to erecting fences, since it would be an added expense. 4 6/24/1996 Discussion ensued regarding use of Neighborhood Watch groups, stricter curfew enforcement, and installation of warning signs (which could be erected at a nominal cost), as possible deterrents to the vandalism. Director Hardgrave stated that the vandalism appears to be deliberate and intentional and questioned whether additional signs would help the situation. Mr. Durham acknowledged that the vandalism is perpetrated by local children and not by outsiders coming into the area. Mayor Pro Tem Curlin suggested that Mr. Hardgrave and Mr. Durham set up a meeting to discuss the situation. Council Member Anderson made a motion, seconded by Council Member Arias, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 993 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-184 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE, PENNSYLVANIA AND BIRCH AREA. (1G) Mayor Pro Tem Curlin opened the hearing. There were no written or verbal protests and no public comments regarding Assessment District No. 1001. Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 1001 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-185 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-186 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR DISTRICT NO. 1005, LANDSCAPING MAINTENANCE, PEPPER LINDEN DRIVE AREA. BERNARDINO ASSESSMENT CAJON AND (lH) Mayor Pro Tern Curlin opened the hearing. 5 6/24/1996 There were no written or verbal protets and no public comments regarding Assessment District No. 1005. Council Member Anderson made a motion, seconded by Council Member Devlin, that the hearing relative to increased assessments for Chapter 12.90 Assessment District No. 1005 be closed and protests, if any, be overruled; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-186 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. CONSIDER BALLOT MEASURE - NOVEMBER 5, 1996 ELECTION - MAYORAL VETO POWER - COMMUNITY DEVELOPMENT COMMISSION (2) Council Member Curlin submitted a Staff Report dated June 20, 1996, regarding consideration of placing a ballot measure on the November 5, 1996, ballot relative to whether the Mayor should have veto power in community development issues. Council Member Curlin made a motion, seconded by Council Member Negrete, that the Mayor and Common Council consider placing the following measures on the November 5, 1996 ballot and direct the City Attorney to provide the appropriate technical language: 1) Measure to allow the Mayor's role to remain unchanged on Redevelopment Agency issues; 2) Measure to allow the Mayor to have a voting seat on the Redevelopment Agency; 3) Measure to allow the Mayor veto power in Redevelopment issues. (Note: There was no vote taken.) Council Member Arias made a substitute motion, seconded by Council Member Anderson, that the Mayor and Common Council consider placing the following measures on the November 5, 1996 ballot and direct the City Attorney to provide the appropriate technical language: 1) Measure to allow the Mayor's role to remain unchanged on Redevelopment Agency issues; 2) Measure to allow the Mayor veto power in Redevelopment issues. Some Council members asked for clarification of the issues and the motion, and expressed concern that the Council would be acting prematurely on this issue since it was unknown whether the State Legislature was going to grant the Mayor veto power in community development issues. It was suggested that action on this matter be postponed for two or three weeks. Mayor Pro Tem Curlin develop a ballot measure Bernardino a choice as to Mayor to have veto power on stated that the objective would be to that would give the people of San whether or not they want to allow the Community Development Commission items. 6 6/24/1996 Concern was expressed by other Council members that the legislation put forth by Senator Bill Leonard (Senate Bill 2112) did not incorporate any of the other charter cities in the State of California. City Administrator Shauna Clark pointed out that this legislation doesn't affect any other city; it was enacted in approximately 1977 specifically for charter cities in San Bernardino County. At that time there were only two such cities-- San Bernardino and Needles, and Needles didn't have a Redevelopment Agency. It was directed at one former mayor of the city and accomplished by a couple of council members lobbying some legislators, and the voters were not asked to take a position. City Attorney Penman also presented an overview of how the current legislation, which is contained in Sections 32800 and 34120 of the Health and Safety Code of the State of California, came into existence. He stated that he favors letting the voters decide issues; however, the Health and Safety Code overrides the City Charter, the City Municipal Code, and the vote of the people. He pointed out that there is no authority, either by Council action or by vote of the people, to override or nullify a State law; and the motions made by the Council are moot because there is no legal authority to place them on the ballot. The following individuals voiced support for mayoral veto power on Community Development Commission items: Ann Atkinson, 1355 South "E" Street, San Bernardino, CA, President of the San Bernardino Area Chamber of Commerce. Freddie Spellacy, 3420 Beverly Crive, San Bernardino, CA, representing the Board of Realtors and neighborhood associations. Ralph Affaitati, 5398 Leroy Street, San Bernardino, CA. The following individuals voiced support for a ballot measure and vote of the people: Gil Navarro, Regional Director, Mexican American Political Association, 3243 Arlington Avenue, Suite 231, Riverside, CA. Donna Conant, Instructor, Cajon High School, San Bernardino, CA. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA. Marian Faulkner, 1288 "D" Street, San Bernardino, CA. 7 6/24/1996 City Attorney Penman reiterated his opinion that the City does not have the authority to override the Health and Safety Code of the State of California and, therefore, has no legal authority to place these measures on the ballot. Mayor Pro Tern Curlin stated that the purpose of this ballot measure was not to override anything, but to assure the people of San Bernardino that they have a voice and a conduit through which they are able to express their opinions on a matter which affects their everyday lives. He added that the legislators in Sacramento are very responsive to whether or not the people of San Bernardino approve this measure. Council Member Arias amended her substitute motion, seconded by Council Member Curlin, that the Mayor and Common Council consider placing the following measures on the November 5, 1996 ballot and direct the City Attorney to provide the appropriate technical language for: 1) Measure to allow the Mayor's role to remain unchanged on Redevelopment Agency issues; 2) Measure to allow the Mayor veto power in Redevelopment issues; and that Council obtain a second legal opinion regarding this matter. (Note: There was no vote taken.) City Attorney Penman informed the Council that under the City Charter, the City Attorney is the Chief Legal Officer of the City, and past court cases have documented that City funds cannot be used to hire another person to perform a duty that an officer elected by the people is required by law to perform. Deputy City Clerk Medina pointed out that the original substitute motion made by Council Member Arias had been seconded by Council Member Anderson; therefore, the amended motion would require a second by Council Member Anderson. Council Member Curlin withdrew his second. Council Member Anderson seconded the amended substitute motion. City Attorney Penman requested that the Council separate the ballot measure issue from the request for a second legal opinion. Council Member Arias restated her original substitute motion, seconded by Council Member Anderson, that the Mayor and Common Council consider placing the following measures on the November 5, 1996 ballot and direct the City Attorney to provide the appropriate technical language for: 1) Measure to allow the Mayor's role to remain unchanged on Redevelopment Agency issues; 2) Measure to allow the Mayor veto power in Redevelopment issues. 8 6/24/1996 The substitute motion, as restated, carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Anderson. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. No further action was taken relative to a second legal opinion regarding this matter. ADJOURNMENT (3) At 12:06 p.m., the adjourned regular meeting was adjourned. The next regular meeting is scheduled for 8:00 a.m., Monday, July 1, 1996, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By L..t~ lI€!rf Linda Hartze Deputy City Clerk No. of Items: 3 No. of Hours: 2 9 6/24/1996