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HomeMy WebLinkAbout09-03-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 3, 1996 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., Tuesday, September 3, 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 Negrete, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Arias, Miller. 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): Leslie Bond vs. Community Development Commission/City of San Bernardino et al. - San Bernardino Superior Court Case No. SCV 276373; People of the State of California vs. Manta Manaoement Corporation/Manta Corporation vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. 1 9/3/1996 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, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Arias, Miller. Also present: Senior Assistant City Attorney Carlyle and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Economic Development Agency Administrator Steinhaus; and Attorney Meredith Jury, Best, Best & Krieger, 800 North Haven, Suite 120, Ontario, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER ARIAS ARRIVED At 8:12 a.m., Council Member Arias arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & ATTORNEY JURY EXCUSED At 8:12 a.m., Economic Development Agency Administrator Steinhaus and Attorney Meredith Jury, Best, Best and Krieger, 800 North Haven, Suite 120, Ontario, CA, left the closed session. ADJOURN CLOSED SESSION At 8:42 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark, Absent: Council Members Curlin, Miller. 2 9/3/1996 INVOCATION The invocation was given by Reverend Miguel Urrea, Christ the King Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENT - ANNA MAE OWENS - MAIN STREET ADVISORY BOARD - COUNCIL MEMBER ANDERSON (2) In a Staff Report dated August 22, 1996, Mayor Minor recommended the appointment of Anna Mae Owens, 1541 West Evans Street, San Bernardino, CA, to the Main Street Advisory Board, as requested by Council Member Anderson. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Anna Mae Owens to the Main Street Advisory Board, as recommended by Council Member Anderson, be approved. Mrs. Owens accepted her certificate of appointment. PRESENTATIONS (3) There were no presentations during this meeting. ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (4) Council Member Negrete expressed thanks for the hard work done at the new stadium, stating that the opening event was well- organized and executed, and that he looked forward to future events in the Fall. He also extended thanks and congratulations to friends at San Manuel Indian Bingo who provided the fireworks for the closing events at both the opening and final games. ANNOUNCEMENT - COUNCIL MEMBER ARIAS (4) Council Member Arias commented on the outstanding program at the stadium and thanked Mayor Minor for his perseverance in bringing this project to completion. She suggested that perhaps Ray Salvador could schedule tours of the stadium for the public. On behalf of Council Member Curlin, she announced that there would be a press conference at 9:00 a.m., Friday, September 6, at the Radisson Hotel regarding Senate Bill 2112. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman echoed the sentiments of Council Members Negrete and Arias regarding the new stadium, stating that opening night was fantastic. 3 9/3/1996 ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (4) Council Member Devlin enthusiastically announced the birth of his new grandson, Sean Devlin Murphy. ANNOUNCEMENT - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated she had a wonderful time at the opening of the new stadium and congratulated those who made the decision to go forward with building of same. She also wished all children starting school a happy educational year; especially her grandson, Andrew Dean Anderson, who is starting kindergarten at Roosevelt Elementary School. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark reminded the citizens that November 5 is election day, and the last day to register, or re-register if you have recently moved, is Monday, October 7. Voter registration forms can be obtained at local libraries, fire stations, and senior centers, as well as the Registrar of Voters and City Clerk's Offices. ANNOUNCEMENT - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that the new stadium is very upscale and makes a significant contribution to the restoration of the downtown area. ANNOUNCEMENT - MAYOR MINOR (4) Mayor Minor stated that the opening of the stadium was an exciting and wonderful accomplishment, and noted that the sale of sky boxes has been completed and has paid for one-third of the operating and maintenance expenses for this year. He added that tours of the stadium would be conducted as soon as the finishing touches are complete. PUBLIC COMMENTS (5) There were no public comments made during the public comments portion of the meeting. 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, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council be waived. 4 9/3/1996 COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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: July 1, 1996; July 29, 1996; July 31, 1996; August 8, 1996. APPROVE SALARY INCREASE - HEADSTART PRESCHOOL POSITION - TEACHER AIDE - PARKS, RECREATION & COMMUNITY SERVICES (8) Barbara Dillon, Director of Personnel, submitted a Staff Report dated August 21, 1996, regarding a salary increase for the Headstart Preschool position of Teacher Aide. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the salary increases for the Headstart Preschool position of Teacher Aide (2), from $6.60/hour to $6.89/hour, effective September 1, 1996, be approved; and that the Personnel Department be directed to update Resolution No. 6413, Section 13, to reflect this particular action. RES. 96-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (9) ORD. Me-98D - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.32.050, 13.32.120, 13.32.140, 13.32.150,13.32.160,13.32.170,13.32.180 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 13.32.215 TO SAID CODE RELATING TO DISCHARGE OF DOMESTIC LIQUID WASTE INTO THE SEWAGE TREATMENT SYSTEM OF THE CITY. Final (10) Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, that said resolution and ordinance be adopted. Resolution No. 96-271 and Ordinance the following vote: Ayes: Council Oberhelman, Devlin, Anderson. Nays: Members Curlin, Miller. No. MC-980 were adopted by Members Negrete, Arias, None. Absent: Council CLAIMS & PAYROLL (11) Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated August 28, 1996, from the Director of Finance, be approved. 5 9/3/1996 PERSONNEL ACTIONS (12) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated August 22, 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. AUTHORIZE TRANSFER OF FUNDS - $75,000 - INSTALL STORM DRAIN RICHARDSON STREET, FROM DAVIDSON STREET TO COULSTON STREET (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 19, 1996, requesting a transfer of funds for installation of a storm drain in Richardson Street, from Davidson Street to Coulston Street. Council Member Devlin noted that the funds would be transferred from funds designated for a project in the Fifth Ward, which are not needed this year; however, they would be needed next year and should be reallocated to the Fifth Ward project. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $75,000, from Account No. 248-368-5504-7023, "Installation of Storm Drain in Palm Avenue, from Washington Avenue to Irvington Avenue, " to Account No. 248-368-5504-7083, "Installation of Storm Drain in Richardson Avenue," be approved. AUTHORIZE EXPENDITURE $5,000 FINANCE ENGINEERING COSTS - INSTALL TRAFFIC SIGNALS - AVENUE & CENTRAL AVENUE/PALM MEADOWS DRIVE PRELIMINARY TIPPECANOE (19) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 19, 1996, requesting authorization for a $5,000 expenditure for preliminary engineering costs associated with the installation of traffic signals at Tippecanoe Avenue and Central Avenue/Palm Meadows Drive. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the expenditure of $5,000 from Account No. 250-370-5504-1942, "Minor Improvements - Various Locations," be authorized; to finance the preliminary engineering costs for installation of traffic signals at Tippecanoe Avenue and Central Avenue/Palm Meadows Drive. APPROVE PLAN NO. 9537 - STREET IMPROVEMENTS AVENUE & KENDALL DRIVE AUTHORIZE ADVERTISEMENT FOR BIDS RANCHO AVENUE, PENNSYLVANIA (20) 6 9/3/1996 Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 19, 1996, requesting approval of Plan No. 9537 and authorization to advertise for bids for installation of street improvements on Rancho Avenue, Pennsylvania Avenue, and Kendall Drive. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for construction of street improvements on portions of Rancho Avenue, Pennsylvania Avenue, and Kendall Drive, in accordance with Plan No. 9537, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9552 - AUTHORIZE ADVERTISEMENT FOR BIDS - CLEAN BOX CULVERTS & CATCH BASINS - VARIOUS LOCATIONS (21) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 15, 1996, requesting approval of plan No. 9552 and authorization to advertise for bids for the cleaning of box culverts and catch basins at various locations throughout the city. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for cleaning box culverts and catch basins at various locations, in accordance with Plan No. 9552, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HALPRIN SUPPLY COMPANY FOR THE PURCHASE AND DELIVERY OF SURVIVAIR BREATHING APPARATUS, TO BE USED AS REPLACEMENT EQUIPMENT BY THE FIRE DEPARTMENT. THIS AWARDING OF THE PURCHASE ORDER TO HALPRIN IS BASED UPON CRITERIA SET FORTH UNDER THE "SELECTED SOURCE" PURCHASING PROCEDURES OF THE CITY OF SAN BERNARDINO. (22) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-272 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO MEDICAL SERVICES. (Continued from August 19, 1996) (23) 7 9/3/1996 Council Member Arias made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of September 16, 1996. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.90 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO REGULATIONS FOR PUBLIC PROPERTY, PUBLIC PLACES AND PUBLIC IMPROVEMENTS WITHIN ASSESSMENT 8ISTRICTS. (Continued from August 19, 1996) First (24) Roger Hardgrave, Director of Public Works/City Engineer, explained that during the recent confirmation of assessment rolls, Council had suggested installing signs which would alert the public to certain activities that are against the law in an effort to counteract some of the vandalism taking place in these areas. Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-273 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 6 OF RESOLUTION NO. 95-241 RELATING TO THE NUMBER OF TOW COMPANIES ON THE CITY'S ROTATION LIST. (Sl) City Attorney Penman explained that this resolution would increase the number of tow companies from five to six that could contract with the City to provide towing services for the Police Department and vehicle abatement. Mayor Minor stated he had a meeting scheduled with Loma Linda Towing on Tuesday, September 4, and questioned whether this item should be continued until after said meeting. City Attorney Penman stated he did not see a reason to continue the matter. Steve Johnson, Tri City Towing, 1661 West Walnut Street, San Bernardino, CA, expressed opposition to increasing the number of tow companies contracting with the City. Amy Greyson, Brunick, Alvarez & Bernardino, CA, stated her client, oppose this action. Battersby, P.O. Box 6425, San Loma Linda Towing, did not Leo Wenzel, Lorna Linda Towing, 1915 South Tippecanoe Avenue, San Bernardino, CA, stated he has always been in favor of expanding the number of towing companies contracting with the City. Council Member Oberhelman made a ~otion, seconded by Council Member Negrete, that said resolution be adopted. 8 9/3/1996 Resolution No. 96-273 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller, APPROVE INSTALLATION - WALKING TRACK & OTHER AMENITIES - PHASE II DEVELOPMENT - ANNE SHIRRELLS PARK - $15,000 (S2) Council Member Anderson submitted a Staff Report dated August 28, 1996, regarding approval to install a walking track and other amenities as part of Phase II of the development of Anne Shirrells Park for a cost of $15,000. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the installation of a walking track and other amenities as part of Phase II development of Anne Shirrells Park, utilizing park construction funds in the amount of $15,000, be approved. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) . (S3A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY. (S3B) Mayor Minor explained that said resolution (S3A) would change the number of members on the board of the Inland Valley Development Agency (IVDA) from seven to six members. If both resolutions are approved, the makeup of the IVDA and the San Bernardino Regional Airport Authority (SBlAA) would be identical, both in size and agencies represented. He stated that ultimately the City of San Bernardino (City) must decide how strongly they will be represented on a board that has six members, with two of them being from San Bernardino and the other agencies havi:lg one each. City Attorney Penman gave an in-depth synopsis of past events surrounding the creation of the IVDA. He stated that Health and Safety Code Section 33320.5, subsection (d), provides that legislative bodies representing communities having territory adjacent to or in proximity to a military facility that is being deactivated may form a joint powers agency. 9 9/3/1996 In 1990, the City of San Bernardino, along with the County of San Bernardino and the cities of Lorna Linda and Colton, formed such a joint powers authority; however, it proved difficult getting started because the City of San Bernardino Charter governs all of the land inside of the city and provides that the City of San Bernardino will be governed by the Mayor and Common Council. At that time, the City Attorney's Office concluded that it could not legally sign that document because it would take land out of the control of the City and put it under a consortium of other cities and the County, rather than under the Mayor and Council. They did conclude, however, that it would be possible to enter into such an agreement if certain safeguards were put into place whereby the City of San Bernardino would be assured that we would be able to retain control of that particular area, On or about January 21, 1990, the City Council voted six to nothing to reject an agreement that would have created an Airport Authority. The City Attorney's Office believed that the language in the agreement would violate the City's Charter, would deny San Bernardino full veto power over projects at the base, and would hand over too much control of the future of the former Norton Air Force Base to the County and neighboring cities; and they argued that it would take a vote of the people to do that. Subsequently, a meeting was held on February 6, 1990, and a compromise was agreed upon which provided that the City of San Bernardino would be the lead agency for any development on the base and that the agreement would create a co-chairmanship (Supervisor Hammock and Mayor Holcomb agreed that they would be the co-chairs) , The new agreement also made the City's Charter the legal guide for the joint powers authority. Under the proposal, each City would have veto power over any project within its own jurisdiction, and spending for on-base projects would require a majority vote of the joint powers partners. The City of San Bernardino had three votes and the County of San Bernardino, City of Colton, and City of Loma Linda had two votes each. This meant that on any issue the City of San Bernardino would only have to convince either the County or one other city to join with them and they would then have five votes, which would be the controlling number of votes as compared to the four remaining. The City Attorney's Office felt that while this agreement did not incorporate into the written agreement all of the terms of the oral agreement, it was sufficient enough that if it was challenged in a court of law, the City could show that they were in substantial compliance because the City had not given up, as a practical matter, its authority. Also, part of the agreement was that the joint powers redevelopment staff would be housed in San Bernardino City Hall and directed by employees in the City's redevelopment office. 10 9/3/1996 In subsequent years, various changes took place. At one point, the Mayor of San Bernardino did not serve as co-chair despite the oral agreement. City Attorney Penman stated that at that point in time he did not think the City was in compliance with the law. City Attorney Penman ascertained that if the proposal before the Council passed, in his opinion it would be a violation of the City's Charter. The City's number of votes would be reduced, with the City of San Bernardino having two votes instead of three; the County of San Bernardino, City of Colton, and City of Loma Linda having one vote each; and the City of Highland would come in with one vote. This would mean that the City of San Bernardino would have to pick up not just one, but two votes; otherwise, it would be a tie. Mr. Penman further stated that there would be nothing wrong with Highland coming in, if the City of San Bernardino retains three votes and the County, Colton, Lorna Linda, and Highland go to one vote each, because then the City would be in the same situation it is in today--it would only need to pick up one vote to have a majority. Also, if the co-chairmanship is continued, and the City is assured that the Mayor of San Bernardino would always be the co- chair, the City would have the same practical political advantage over its property (land within the city limits) that its citizens expect it to retain. City Attorney Penman advised the Council that in their tenure as Council members they would vote on other matters that may be as important as this vote today, but he didn't think they would vote on anything that would be more important. He emphasized that it's a serious matter to turn over the governing of any part of your city to any other entity, and the City must do what it can, within the law, to protect its assets. He advised the Council not to retreat from either the written agreement or the oral agreement that were put in place in 1990. Discussion ensued regarding the need for a more cohesive and consolidated governing board for both the IVDA and the SBlAA, the need for the City to retain enough control to protect its assets, and whether it would indeed be illegal to approve these resolutions as proposed. Mayor Minor stated that when he supported a six-member board he was not aware of City Attorney Penman's opinion that this would be an illegal action on the part of the City. Therefore, he was prepared to support a seven-member board, with three of the votes being from San Bernardino and one each from the other four agencies, which in effect gives the City controlling power if they get one other city to go along with them. Mayor Minor added that any board comprised of more than seven members would be too unwieldy. 11 9/3/1996 County Supervisor Jerry Eaves stated that he thought Mr. Penman had given the Mayor and Council some bad legal advice and voiced support for the proposed six-member board. Attorney John Mirau of Mirau, Edwards, Cannon & Harter Professional Corporation, 599 North "E" Street, San Bernardino, CA, President of Inland Action and representing same, expressed support for the proposed reorganization of the IVDA. He stated that a coordination of policy is needed; and now would be the time to act, since there is intense competition from the Ontario International Airport and March Air Force Base has recently hired a consultant. He stressed that the real benefit wou:d be realized by combining the IVDA and SBlAA boards. Attorney Timothy Sabo, special counsel to the IVDA and SBlAA, stated that when the IVDA was formed, the City of Highland and the City of Redlands were not members. In May 1992, the Airport Authority was formed and the City of San Bernardino had two of the seven votes. Subsequently, the City of Redlands dropped out and San Bernardino now has two of six votes. City Attorney Penman noted that the main concern was with the IVDA rather than the SBlAA; that everyone had believed that the IVDA was really going to be the controlling agency over the former Norton Air Force Base. Larry Sharp, San Bernardino County Credit Union, Vanderbil t Way, San Bernardino, CA, spoke in support of a member combined board and urged the Council to move ahead with action. 350 six- this City Attorney Penman pointed out that the City was currently in substantial compliance, with the City having three votes and the others having two votes. However, if the resolutions were to be adopted, the City would no longer be in substantial compliance, Council Member Oberhelman made a motion, seconded by Council Member Negrete, that Agenda Item Nos. S3A and S3B be continued to the Mayor and Common Council meeting of September 16, 1996. The motion carried by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin. Nays: Council Member Anderson. Absent: Council Members Curlin, Miller. RECESS MEETING At 10:23 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 31 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 12 9/3/1996 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark, Absent: Council Members Curlin, Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING AND REPEALING RESOLUTION NOS. 96-240 AND 96-241 AND CANCELING ?HE ELECTION OTHERWISE CALLED THEREIN. (NB1) Mayor Minor read the title of the resolution into the record. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter arose after the agenda was posted on Thursday, August 29, 1996, when the State Legislature adopted Senate Bill 2112 on Saturday, August 31, 1996 . City Attorney Penman explained that the State Legislature had voted on Saturday to adopt Senate Bill 2112, which amended State law and gave the Mayor veto power on Community Development Commission items; therefore, the election scheduled for November to decide this issue had become a moot issue, since State law supersedes local law. Mr. Penman further eXplained that the ballot was scheduled to go to the printer this date, and Counci~ action was needed in order to file the proper papers by 11:30 a.m. to try to obtain a court order to halt placing this matter on the ballot. He also pointed out that said election would cost approximately $25,000, which had not been budgeted for fiscal year 1996/97. Discussion ensued regarding whether the action taken by the legislature was valid, since it was passed with a "ghost vote," and whether the Governor would in fact sign the bill. With the foregoing in mind, several of the Council members voiced their belief that the matter still needed to go to a vote of the people; therefore, they were opposed to canceling the election in November. Council Member Devlin made a mction, seconded by Council Member Oberhelman, that full reading cf the resolution be waived and said resolution be adopted. The motion failed by Members Oberhelman, Devlin. Abstain: Council Member Curlin, Miller. the following vote: Ayes: Council Nays: Council Members Negrete, Arias. Anderson. Absent: Council Members 13 9/3/1996 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3471 - VEHICLE NUISANCE - 1404 N. PENNSYLVANIA AVENUE HENRY G. HARRIS (Continued from July 15, 1996) (Discussed later in the meeting - page 16) (13) Attorney Donald Barnett, 1801 Century Park East, Suite 2500, Los Angeles, CA, representing Mr. Harris, asked the Council for a continuance of this matter, since he cculd not be present later in the meeting. Council Member Arias made a motion, seconded by Council Anderson, that the matter be continued to the Mayor and Council meeting of September 16, 1996. Member Common The motion failed by the following vote: Ayes: Members Negrete, Arias, Oberhelman. Nays: Council Members Anderson. Absent: Council Members Curlin, Miller. Council Devlin, It was the consensus of the Mayor and Council that the hearing be addressed later in the meeting. CITY ADMINISTRATOR SHAUNA CLARK & CITY ATTORNEY PENMAN EXCUSED At 11:04 a.m., City Administrator Shauna Clark and City Attorney Penman left the Council meeting and were replaced by Economic Development Agency Administrator Steinhaus and Senior Assistant City Attorney Barlow, respec~ively. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:04 a.m., Economic Development Agency Special Counsel Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11:04 a.m., Chairman Minor reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council. JOINT PARK JOINT 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 (R2) Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development 14 9/3/1996 Commission/San Bernardino Joint Powers Bernardino Park Acquisition Joint Powers Mayor and Common Council, be waived. Financing Authority/San Financing Authority and RES. 96-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC., FOR INSTALLATION OF MAIN STREET STREETSCAPE IMPROVEMENTS ON SIXTH STREET, FROM "H" STREET TO "E" STREET, (R4) Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 96-274 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. EXECUTE AGREEMENT - REHABILITATION - TROPICANA MOBILE ESTATES, ORANGEWOOD ESTATES MOBILE HOME PARK, & FRIENDLY VILLAGE MOBILE HOME ESTATES MATICH CORPORATION $116,006.15 (Rs) Timothy C. Steinhaus, Economic Development Agency Administrator, submitted a Staff Report dated August 27, 1996, recommending that the Mayor and Common Council, acting as the Community Development Commission, execute an agreement with Matich Corporation for rehabilitation of Tropicana Mobile Estates, Orangewood Estates Mobile Home Park, and Friendly Village Mobile Home Estates, in an amount not to exceed $116,006.15. Assistant City Attorney Barlow stated that the City Attorney's Office had declared a conflict of interest and had not advised staff regarding this item. Council Member Oberhelman made a motion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common Council, acting as the Community Development Commission, authorize the Agency Administrator to execute an agreement with Matich Corporation, in an amount not to exceed $116,006.15, for the rehabilitation of three (3) mobile home parks (Tropicana, Orangewood, Friendly Village) . RECESS MEETING At 11:37 a.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:01 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. 15 9/3/1996 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3471 - VEHICLE NUISANCE - 1404 N. PENNSYLVANIA AVENUE HENRY G. HARRIS (Continued from July 15, 1996) (Discussed earlier in the meeting - page 14) (13) Mayor Minor opened the hearing. Attorney Donald Barnett, 1801 Century Park East, Suite 2500, Los Angeles, CA, representing Mr. Harris, advised the Council that in 1990 the City of San Bernardino had been ordered to pay Mr. Harris approximately $67,000 and to return two vintage vehicles in a case where the issues were quite similar to this case, and the judge had opined that the San Bernardino Municipal Code did not pass constitutional scrutiny. Mr. Barnett added that the sweepers, which constituted the bulk of the abatement order, had been removed; however, there were still several operable vehicles on a concrete driveway and others behind a closed fence. He suggested that the Council table the matter and that the Facilities Manager nake an appointment with Mr. Harris to determine what vehicles still remain on the property. City Attorney Penman stated that he saw no relevancy between this case and the previous case involving Mr. Harris, as no property had been seized in this instance. Diane Caldera, Vehicle Abatement Officer, Facilities Management, presented an overview of her contacts and dealings with Mr. Harris and how he responded to same. She explained that staff had taken no action to abate the vehicles, but was waiting for direction from the Council. Ms. Caldera circulated a photograph taken earlier in the day of Mr. Harris' property. Henry Harris, 1404 N. Pennsylvania Avenue, San Bernardino, CA, stated he had requested by mail a written statement from the City regarding this matter and that he had no problem with the City inspecting his property; howeyer, he was not going to sign anything. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed. 16 9/3/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council uphold the findings of the Board of Building Commissioners and find the vehicles to be a nuisance; and that within ten (10) days the owner must have all vehicles and parts thereof removed. Any vehicles remaining on the property after fifteen (15) days will be abated by the Facilities Management Department. APPEAL HEARING - BOARD NO. 3302 1239-1241 MASTRO PAOLO OF BUILDING COMMISSIONERS' 1/2 WEST RIALTO AVENUE ORDER PAUL (14) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated August 20, 1996, recommending that the Mayor and Council uphold the Board of Building Commissioners' Order No. 3302 and deny the appeal. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' NO. 3303 1243 WEST RIALTO AVENUE & 103-105 GIOVANOLA STREET - PAUL MASTRO PAOLO ORDER SOUTH (15) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated August 21, 1996, recommending that the Mayor and Council uphold the Board of Building Commissioners' Order No. 3303 and deny the appeal. Note: Agenda Item Nos. 14 and simultaneously by the Mayor and Council. 15 were addressed Mayor Minor stated that Joe Lease, Inspection Services Supervisor, Planning and Building Services, had requested that the Council continue Agenda Item Nos. 14 and 15, because the appellant had not received timely notification of the hearings. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Agenda Item Nos. 14 and 15 be continued to the Mayor and Common Council meeting of September 16, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3530 - 2105 NEWCOMB STREET - NATIONAL ASSOCIATION OF REAL ESTATE BROKERS (NAREB) (16) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated August 15, 1996, recommending that the Mayor and Council uphold the Board of Building Commissioners' Order No. 3530 and deny the appeal. APPEAL HEARING - BOARD OF BUILDING NO. 3537 - 2004 DUMBARTON AVENUE OF REAL ESTATE BROKERS (NAREB) COMMISSIONERS' ORDER NATIONAL ASSOCIATION (17) 17 9/3/1996 Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated August 15, 1996, recommending that the Mayor and Council uphold the Board of Building Commissioners' Order No. 3537 and deny the appeal. NOTE: Agenda Item Nos. 16 and 17 were considered simultaneously by the Mayor and Common Council. Mayor Minor opened the hearing. Deborah Daniels, Code Compliance Supervisor, Planning and Building Services, stated that hearings on both cases were held before the Board of Building Commissioners (BBC) at its July 11 meeting; that NAREB had been notified of the hearings but did not have a representative present. She explained that within 60 days of the Board of Building Commissioners' order, the property owner was ordered to obtain permits to rehabilitate or demolish the structures, with the work to be completed within 90 days of the BBC order. Stacey Aldstadt, Deputy City Attorney, explained that staff has taken the position that there is a standing issue in these appeals. The first appeal (Item No. 14) involved 23 units originally owned by individuals, with Home Federal the bank of record at the time. Subsequently, they were taken over by Resolution Trust Corporation (RTC); then, the FDIC took over RTC and was the owner of record when the cases were heard before the BBC. The FDIC placed the properties into a sealed bid and accepted the highest bid. Currently, Tom and Cl'ystal Williams, c/o United Properties, are the owners of record and NAREB has no vested property interest insofar as staff can determine. Ms. Aldstadt verified that copies of the BBC orders were included in all of the bid packages. Also, the notice inviting bids contained a provision that the buildings were under abatement proceedings through the City of San Be"nardino. Ray Carlisle, President, NAREB Investments Division, Vice Chairman, NAREB Board of Directors, 1301 85th Avenue, Oakland, CA, stated he did support the City's efforts in abating these properties. He confirmed that NAREB is alleging certain activities by the City of San Bernardino that have co-opted their ability to close the sale of these properties over a four-year period and submitted a memo dated September 3, 1996, itemizing said allegations. He added that they do have an action against the FDIC which will now move forward into the Civil Rights Divison of the Justice Department. City Attorney Penman asked Mr. Carlisle if there was anything he was requesting the City Council to do relative to these appeals, and Mr. Carlisle stated he was not prepared to do anything at this time. 18 9/3/1996 Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold Order Nos. 3530 and 3537 of the Board of Building Commissioners and deny the appeals. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT WITH COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH MENTORING PROGRAM, (54) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. City Community two weeks Attorney Penman stated that Parks, Services had requested that this matter because they were still worklng on the Recreation, be continued contract. and for Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the adoption of said resolution be reconsidered. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the meeting of the Mayor and Common Council on September 16, 1996. (NOTE: Due to the fact that the resolution was immediately reconsidered and cont inued to September 16, no resolution number was assigned.) APPROVE CONTRACT CHANGE ORDER NO. THREE INSTALL ADDITIONAL 250 LINEAR FEET OF STREET IMPROVEMENTS ON COYOTE DRIVE INSTALL TRAFFIC SIGNALS NORTHPARK BOULEVARD & COYOTE DRIVE HOVEY ELECTRIC, INC. $42,496 (SS) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 28, 1996, regarding approval of Contract Change Order No. Three to the contract with Hovey Electric, Inc., for installation of traffic signals at Northpark Boulevard and Coyote Drive, to include installation of an additional 250 linear feet of street improvements on Coyote Drive; said improvements to be billed to California State University, San Bernardino. 19 9/3/1996 Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Three to the contract with Hovey Electric, Inc., for installation of traffic signals at Northpark Boulevard and Coyote Drive, in accordance with Plan No. 9419, be approved; and that the contractor be directed to perform additional work, consisting of installing approximately 250 linear feet of street improvements on Coyote Drive, at an estimated increase in the contract price of $42,496; from $139,531.50 to $182,027.50. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN POSTING. First (86) Jim Davis, Davis Camera Shop, 376 North "D" Street, San Bernardino, CA, stated that he had an unreinforced masonry building and asked the Council not to pressure the owners to perform this retrofitting, as it is very costly to do and the economy in the area has not yet made a full recovery. Mayor Minor explained that this ordinance was being brought forward because of the high cost of retrofitting and the fact that many of the businesses in San Bernardino would have to close up if the City insisted upon retrofitting as the ordinance now stands. He stated that the State has mandated that cities have a plan in place to retrofit unreinforced masonry buildings, and that this ordinance is part of the City's plan. He added that said ordinance actually extends the requirement to retrofit buildings for three years; however, it does require businesses to post a sign outside at the front of their buildings notifying their customers that they are entering an unreinforced masonry building. Discussion ensued regarding the retrofitting requirements for the various classes of buildings within the city and how long the extension would be for each class. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. AUTHORIZE CREATION - AD HOC FIRE EQUIPMENT COMMITTEE - APPROVE COUNCIL MEMBER APPOINTMENTS (A82) Mayor Tom Minor submitted a Staff Report dated August 29, 1996, recommending the creation of an ad hoc committee comprised of Council Members Negrete, Devlin, and klderson to review, analyze, and recommend a Fire Equipment Replacement Plan. 20 9/3/1996 Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that an ad hoc committee be created to review, analyze, and recommend a Fire Equipment Replacement Plan; and further, that Council Members Negrete, Devlin and Anderson be appointed to serve on the Fire Equipment Ad Hoc Committee. AUTHORIZE EXPENDITURE - $65,000 - INSTALL SEWER MAIN - BELVAN STREET, FROM OLIVE STREET TO BASE LINE STREET (AS1) Council Member Curlin submitted a Staff Report dated August 22, 1996, recommending that the Mayor and Council authorize an expenditure of $65,000 for installation of a sewer main in Belvan Street, from Olive Street to Base Line Street. Council Member Oberhelman made a notion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of September 16, 1996 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN FINANCING BY THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND ACKNOWLEDGING CERTAIN OBLIGATIONS INCURRED BY THE CITY OF SAN BERNARDINO PURSUANT TO A JOINT POWERS AGREEMENT ESTABLISHING THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. (Discussed later in the meeting - page 22) (AS3) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. (Note: There was no vote taken.) Mayor Minor explained that the San Bernardino International Airport Authority (SBlAA) had run out: of money and a loan was needed for operating capital; however, the bank would only accept a guarantee from the City of San Bernardino and the County of San Bernardino. He added that if for some reason the deal goes bad, all the agencies would be required to pay their share; however, if they choose not to pay their share or cannot afford to pay their share, they will be dropped and the County and City would have to pick up the bill of about $3 million. City Attorney Penman stated that when the City first entered into the SBlAA and IVDA, the City wanted to run the entire project without anyone else involved. He explained that the agreement the Council was being asked to vote on today provides that if a city fails to pay its contribution, it will automatically be excluded 21 9/3/1996 from the SBlAA without any further notice, and the City of San Bernardino would still be obligated to make the payment. He stated that it currently looks like one city may choose not to pay and another will be unable to pay, even if it wanted to do so. (Note: It was determined that the agreement had not been included in the Council's backup materials; therefore, they requested copies of said agreement and time to review same before yoting on the matter.) Council Member Oberhelman made a substitute motion, seconded by Council Member Arias, that the matter be continued to the Mayor and Common Council meeting of September 16, 1996. Council Member Arias removed her second. The substitute motion failed for :ack of a second. Mayor Minor stated that the San Bernardino International Airport Authority would run out of money sometime in September if this action was not taken. Therefore, he suggested that Council take a 20-minute recess to study the backup material, with the possibility that they would be able to make a decision when the meeting reconvened. RECESS MEETING At 3:09 p.m., Mayor Minor declared a 20-minute recess. RECONVENE MEETING At 3:49 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN FINANCING BY THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND ACKNOWLEDGING CERTAIN OBLIGATIONS INCURRED BY THE CITY OF SAN BERNARDINO PURSUANT TO A JOINT POWERS AGREEMENT ESTABLISHING THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. (Discussed earlier in the meeting - page 21) (AS3) 22 9/3/1996 Discussion ensued regarding the specifications of the agreement and the fact that the agreement included money for capital improvements as well as operating expenses. It was also noted that the agreement incurs a general fund obligation, not to exceed $1 million, which concerned the Council in light of the possible passage of Proposition 218 (Taxpayers Right to Vote on Taxes) in November. It was pointed ou~ that if the agreement did not receive approval, the SBlAA would basically cease to exist in September. Timothy Sabo, Special Counsel for the IVDA and SBlAA, explained that there is a concern about having any of the cities and the county guarantee an obligation :-.hat goes beyond the current fiscal year. Therefore, even though the Airport Authority was looking at a two-year note, as long as the guarantees of the County and City of San Bernardino are required, they must look at a repayment date of June 30, 1997. Council Member Negrete restated the original motion, seconded by Council Member Anderson, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members Negrete, Devlin, Anderson. Nays: Council Members Arias, Oberhelman. Absent: Council Members Curlin, Miller. City Attorney Penman suggested that the matter be continued to a date and time prior to the next regular meeting. It was the consensus of the Mayor and Council that the matter be continued to 9:00 a.m., Monday, September 9, 1996, in the Council Chambers of City Hall. ADJOURNMENT (25) At 4: 04 p. m., the regular meeting of the Mayor and Common Council adjourned to 9:00 a.m., Monday, September 9, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~~a~ Deputy City Clerk No. of Items: 38 No. of Hours: 6 23 9/3/1996