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HomeMy WebLinkAbout11-20-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 20, 1995 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, November 20, 1995, 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, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:02 a.m., the Mayor and Common session for the following: (1&:82) Council recessed to closed Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Samaan vs. City of San Bernardino. et al - United States District Court Case No. CV 93-0448 RAP (RMCx); Barklaqe vs. City of San Bernardino - HUD Case Nos. 09- 94-2280-8 and 09-95-2013-8; Barklaqe vs. City of San Bernardino United States District Court Case No. 94-7753 RSWL (AJWx); County of Bernardino. California, E012673; San Bernardino. et al vs. City of et al Court of Appeals of State Fourth Appellate District Court Case San of No. city of San Bernardino vs. Fireman's Fund Insurance Company - Court of Appeals of State of California, Fourth Appellate District Court Case No. E015081; Francella Garcia/Juan L. Estrada Bernardino - San Bernardino Superior 14834 (Consolidated w/SCV 16132); vs. City of San Court Case No. SCV 1 11/20/95 Bonadiman-McCain, Inc., et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV 251.55; Western Empire Industries, Inc. Bernardino, et al - San Bernardino No. 255130. vs. City of San Superior Court Case B. Conference with legal counsel significant exposure to subdivision (b) of Government case; - anticipated litigation - litigation pursuant to Code Section 54956.9: one 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 8:03 a.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, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Senior Assistant City Attorney Morillo, Senior Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 and Mayor and Common Council while the Council was in closed session. DEPUTY CITY ATTORNEY EMPENO & PLANNING SERVICES DIRECTOR BOUGHEY ARRIVED At 8:12 a.m., Deputy City Attorney Empeno Building Services Director Boughey arrived at the & BUILDING and Planning & closed session. SENIOR DEPUTY At 8:12 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:16 a.m., Council Member Pope-Ludlam arrived at the closed session. 2 11/20/95 ADJOURN CLOSED SESSION At 8:23 a.m., the closed session the Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m., in 300 North "D" Street, San RECONVENE MEETING At 9:03 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 Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. INVOCATION The invocation was given by Dr. Kendall Clark Baker, First Congregation United Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. COMMENDATION - MR. EUGENE ARMISTEAD - COMMUNITY SERVICE (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Mr. Eugene Armistead for his dedication to the City in maintaining the block bordered by 4th, Court, "D" and "E" Streets. Mr. Armistead accepted his commendation and introduced the students who assist him in cleaning up the area. Jim Davis, Owner of Davis Camera Shop, 376 North "D" Street, San Bernardino, CA, expressed appreciation for the services provided by Mr. Armistead and his students. SERVICE PIN AWARDS (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received service pin awards in gratitude of their many years of dedicated service to the City: Name Department Years of Service Consuelo Escamilla Rosemary Dubois Facilities Management Library 15 year pin 10 year pin 3 11/20/95 Patti Davis Parks, Recreation & 5 year pin Community Services John Gridley Parks, Recreation & 10 year pin Community Services Ken Joswiak Parks, Recreation & 15 year pin Community Services Marcelino Lechuga Parks, Recreation & 30 year pin Community Services Richard Johnson Police 5 year pin Anthony Ortiz Police 5 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3) Council Member Negrete wished the employees and residents of the City a happy Thanksgiving. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3A) Council Member Oberhelman wished the employees and citizens a safe and happy Thanksgiying. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3B) Council Member Devlin expressed appreciation to the voters of the Fifth Ward and restated his commitment to the City. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3C) Council Member Miller stated that she had just returned from visiting our newest Sister City, Yushu, China; and hoped that the City would provide their delegates with the same warm welcoming she had received. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3D) City Clerk Rachel employees and residents Thanksgiving. Clark expressed her desire that the of the City would have a happy and safe ANNOUNCEMENT - SENIOR ASSISTANT CITY ATTORNEY BARLOW (3E) Senior Assistant City Attorney Barlow announced with pleasure that Stephanie Easland, City Attorney's Office, had passed the bar exam. ANNOUNCEMENT - MAYOR MINOR (3F) Mayor Minor stated that public comments will be taken at the end of the meeting; and wished City employees and residents a happy Thanksgiving. 4 11/20/95 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (4) Jeff Wright, P. opposition to waiving ordinances. O. Box 2341, San the full reading Bernardino, CA, voiced of the resolutions and COUNCIL MEMBER At 9:1B a.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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. COUNCIL MINUTES (5) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: October 2, 1995. ADMINISTER FEDERAL GRANT - $154,204 - HEADSTART/PRESCHOOL PROGRAM - DELMANN HEIGHTS COMMUNITY CENTER - SEPTEMBER 1, 1995 THROUGH AUGUST 31, 1996 PARKS, RECREATION & COMMUNITY SERVICES (6) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a Staff Report dated November 1, 1995, requesting authorization to administer a Federal grant in the amount of $154,204 for the continuation of the Headstart/preschool Program at the Delmann Heights Community Center. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to administer a Federal grant in the amcunt of $154,204 to continue the Headstart/preschool Program at Delmann Heights Community Center for the period of September 1, 1995 through August 31, 1996. ORD. MC-954 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 BY ADDING SUBSECTION 10 REGARDING A SECURITY GUARD PERSONNEL PROGRAM ON THE FORMER NORTON AIR FORCE BASE PROPERTY. Final (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC- 954 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. 5 11/20/95 Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-390 - 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. (Weed Abatement) (8) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-390 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. AUTHORIZE OUT-OF-STATE TRAVEL - LYNN MERRILL - RECYCLING COORDINATOR - PUBLIC SERVICES DEPARTMENT - RECEIVE KEEP AMERICA BEAUTIFUL AWARD - WASHINGTON D. C. - DECEMBER 5 -7, 1995 (9) James Howell, Acting Director of Public Services, submitted a Staff Report dated November 2, 1995, requesting authorization for Lynn Merrill, Recycling Coordinator, to travel to Washington D.C. to receive the Keep America Beautiful Award. City Administrator Shauna Clark explained that in recognition of the used-oil recycling program, the City has been honored with the Keep America Beautiful Award. COUNCIL MEMBER HERNANDEZ RETURNED At 9: 24 a. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Recycling Coordinator be authorized to attend the 1995 Keep America Beautiful National Awards being held in Washingtcn D.C., December 5-7, 1995, as recipient of first place in the reduce, reuse, recycle (government) category. CLAIMS AND PAYROLL (10) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated November 15, 1995, from the Director of Finance, be approved. PERSONNEL ACTIONS (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 9, 1995, in 6 11/20/95 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. FUNDING REQUEST - $40,751 - PARKS, RECREATION & COMMUNITY SERVICES - 1996 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK - FY 1995/96 CIVIC & PROMOTION FUNDS (12) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a Staff Report dated October 19, 1995, concerning a request for civic and promotion funds in the amount of $40,751 for the 1996 4th of July Celebration. A discussion was held regarding the funds available within the Fiscal Year 1995/96 Civic & Promotion Fund and the allocation process. Council Member Member Devlin, that funding assistance connected with the Park, be approved. Oberhelman made a motion, seconded by Council the request from the 4th of July Committee for in the amount of $40,751 to cover costs 1996 4th of July Celebration at Seccombe Lake The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Curlin. Council Nays: RES. 95-391 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A FISCAL YEAR 1995/96 CLAIM WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR $19,054.00 OF TRANSPORTATION DEVELOPMENT ACT (TDA) , ARTICLE 3, CURB CUT ALLOCATIONS AS REIMBURSEMENT FOR THE INSTALLATION OF HANDICAP RAMP PROJECTS CONSTRUCTED AT FIFTEEN LOCATIONS THROUGHOUT THE CITY OF SAN BERNARDINO. (16) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-391 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Hernandez, Oberhelman, Devlin, Absent: Council Member Curlin. COUNCIL MEMBER At 9: 41 a. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council 7 11/20/95 RES. 95-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STANDARD AGREEMENT, CONTRACT NO. W957032, WITH THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT NORTHPARK BOULEVARD AND COYOTE DRIVE. (17) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Ludlam. No. 95-392 was Members Negrete, None. Absent: adopted by the following vote: Hernandez, Oberhelman, Devlin, Council Members Curlin, Pope- RES. 95-393 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT GENEVIEVE STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH THIRTY-EIGHTH STREET. (1.8) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Ludlam. No. 95-393 was Members Negrete, None. Absent: adopted by the following vote: Hernandez, Oberhelman, Devlin, Council Members Curlin, Pope- WAIVE FEES - $3,859.52 - CITY SERVICES - 1995 CHILDREN'S CHRISTMAS PARADE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) - DECEMBER 2, 1995 (19) Shauna Clark, City Administrator, submitted a Staff Report dated November 9, 1995, concerning a request from the Young Men's Christian Association (YMCA) for a waiver of fees in the amount of $3,859.52 to conduct its 1995 Children's Christmas Parade on December 2, 1995. Council Member Devlin made a motion, seconded by Council Member Negrete, that the request to waive fees in the amount of $3,859.52 for conduct of the 1995 YMCA Children's Christmas Parade to be held on December 2, 1995, be approved. A discussion was held regarding the possible use of area tax funds. COUNCIL MEMBER At 9: 47 a . m. , Council meeting and POPE-LUDLAM RETURNED Council Member pope-Ludlam returned took her place at the council table. to the 8 11/20/95 council Member Devlin amended his motion, seconded by Council Member Negrete, that the request to waive fees in the amount of $3,859.52 for conduct of the 1995 YMCA Children's Christmas Parade to be held on December 2, 1995, be approved; and that the departments be compensated through the Area Tax Fund. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, None. Abstain: Council Member Hernandez. Absent: Curlin. Ayes: Council Miller. Nays: Council Member RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL ELECTION BE CONSOLIDATED WITH THE MARCH 26, 1996, PRESIDENTIAL PRIMARY ELECTION TO BE CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (20) Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Discussion ensued regarding the provisions of Senate Bill 100, the appropriateness of having an election after January 1, 1996, the purpose of the election and the actions taken for financing construction of the baseball stadium. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution be continued to December 4, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that staff be directed to provide alternate means of funding. The substitute motion carried by the following vote: Council Members Negrete, Hernandez, Pope-Ludlam, Miller. Council Members Oberhelman, Devlin. Absent: Council Curlin. Ayes: Nays: Member RECESS MEETING At 10:10 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:1.7 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 Negrete, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. 9 11/20/95 APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 2933 - ABATEMENT OF PUBLIC NUISANCE - 3200 NORTH "E" STREET - MARTIN L. HUDLER (13) This is the time and place set for an appeal of the Board of Building Commissioners' Order No. 2933. Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated November 6, 1995, concerning the Board of Building Commissioners' Order No. 2933 relative to the abatement of a public nuisance at 3200 North "E" Street. Michael J. Cappelli, Babcock 4094 Chestnut Street, Riverside, November 17, 1995, concerning the "E" Street. & Cappelli, Attorneys At Law, CA, submitted a letter dated property located at 3200 North Mayor Minor opened the hearing. Director Boughey provided a synopsis of the actions taken to abate the nuisance located at 3200 North "E" Street and answered questions relative to such. Deputy City Attorney answered questions regarding safety of its citizens. Empeno, speaking from the podium, the City's obligation to ensure the Joseph Lease, Inspection Services Supervisor, Planning & Building Services Department, answered questions concerning the recommended course of action to abate tche public nuisance. John A. Babcock, Babcock & Cappelli, Attorneys At Law, 4094 Chestnut Street, Riverside, CA, representing Mr. T. J. Haga, the controlling shareholder of International Doctors Supply Corporation (IDS), the owner of the property located at 3200 North "E" Street, stated that he has had discussions with Mr. Diamond, Attorney for Martin Hudler, and he believes that together they can reach an agreement to perform the services requested by the City. Martin Hudler, 43124 Rancho Way, Temecula, CA, explained that it is their intent to demolish the portion of the building that has been burned and rehabilitate the remainder of the building, answered questions and requested an extension of time to allow the plans for renovation to be completed. Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the actions taken by the City to abate the public nuisance located at 3200 North "E" Street. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. 10 11/20/95 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Council uphold the Board of Building Commissioners' ruling and Order No. 2933, and deny the appeal; and that Order No. 2933 be modified to require permits be obtained for the renovation of the building by January 8, 1996, and that the demolition of the southern portion of the building be completed by December 5, 1995. COUNCIL MEMBER At 10:55 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 1876 - TRAILER LOCATED AT 7091 LITTLE LEAGUE DRIVE - RICHARD JIMENEZ (14) This is the time and place set for an appeal of the Board of Building Commissioners' Order No. 1876. Al Boughey, Director of Planning & Building Services, submitted an undated Staff Report concerning the Board of Building Commissioners' Order No. 1876 relative to a trailer located at 7091 Little League Drive. Mayor Minor opened the hearing. James Roe, 325 W. 6th Street, San Bernardino, CA, expressed support for the ruling of the Board of Building Commissioners. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council deny the appeal and uphold the August 3, 1995, decision of the Board of Building Commissioners. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:59 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC MEETING - NEW PINE ACQUISITION ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 1015 IMPROVEMENT TO PINE AVENUE - BETWEEN KENDALL DRIVE & IRVINGTON AVENUE (15) This is the time and place set for a public meeting to consider the proposed assessments under Assessment District No. 1015, New Pine Acquisition Assessment District. Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated November 8, 1995, concerning the public meeting for the proposed assessments under Assessment 11 11/20/95 District No. 1015 for the acquisition improvements of new pine Avenue, between Kendall Drive and Irvington Avenue. Mayor Minor opened the meeting. council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the public meeting relative to the proposed assessments under Assessment District No. 1015 for the acquisition improvements of new Pine Avenue, between Kendall Drive and Irvington Avenue, be closed and protests, if any, be carried over to the public hearing on December 1B, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 11:01 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:0B 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 Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam; 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 Members Curlin, Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:0B 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. 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, R2, R4, R5, R6, R9 and RIO will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 12 11/20/95 COUNCIL MEMBER MILLER RETURNED At 11:11 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. PUBLIC HEARING - MOBILE HOME PARK CONVERSION PROGRAM - PACIFIC PALMS MOBILE HOME PARK - SEQUOIA PLAZA MOBILE HOME COMMUNITY - RANCHO MERIDIAN MOBILE HOME PARK - GLEN AIRE MOBILE ESTATES - ROYAL COACH MOBILE MANOR - NINTH STREET MOBILE HOME PARK - MULTIFAMILY HOUSING REVENUE BONDS - (R7) This is the time and place set for a public hearing relative to the multifamily housing revenue bonds required for the mobile home park conversion program. Timothy Steinhaus, Agency Administrator, Economic Development Agency, submitted a Staff Report dated November 14, 1995, concerning the financing structure for the mobile home park conversion program. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the value of the various mobile home parks. Brooks London, The London Group, 201 North "E" Street, Bernardino, CA, provided a synopsls of the mobile home conversion program and answered questions relative to such. San park A discussion was held regarding the issuance and sale of bonds and the total dollar amount of bonds required for the mobile home park conversion program. Luther appreciation preserve the the interest the parks. Fair, a resident of San Bernardino, expressed for the actions taken by the Mayor and Council to availability of affordable housing and inquired about rates and the appraisal methods used for the sale of RES. 95-394 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF PACIFIC PALMS MOBILE HOME PARK. (R7A) 13 11/20/95 RES. 95-395 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF SEQUOIA PLAZA MOBILE HOME COMMUNITY. (R7B) RES. 95-396 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF RANCHO MERIDIAN MOBILE HOME PARK. (R7C) RES. 95-397 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF GLEN AIRE MOBILE ESTATES. (R7D) RES. 95-398 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF ROYAL COACH MOBILE MANOR. (R7E) RES. 95-399 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF NINTH STREET MOBILE HOME PARK. (R7F) RES. 95-400 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO CERTAIN LOAN AGREEMENTS AND APPROVAL OF THE ISSUANCE OF SAID BONDS UNDER SECTION 147(F) OF THE INTERNAL REVENUE CODE. (R7G) RES. J-33 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,500,000 MULTIFAMILY HOUSING REVENUE BONDS (PACIFIC PALMS MOBILE HOME PARK PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7H) 14 11/20/95 RES. J-34 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $875,000 MULTIFAMILY HOUSING REVENUE BONDS (ROYAL COACH MOBILE MANOR PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7I) RES. J-35 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,500,000 MULTIFAMILY HOUSING REVENUE BONDS (RANCHO MERIDIAN MOBILE HOME PARK PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7J) RES. J-36 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,500,000 MULTIFAMILY HOUSING REVENUE BONDS (SEQUOIA PLAZA MOBILE HOME COMMUNITY PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7K) RES. J-37 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,500,000 MULTIFAMILY HOUSING REVENUE BONDS (GLEN AIRE MOBILE ESTATES PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7L) RES. J-38 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE CREATION OF THE POSITION OF ADMINISTRATOR WITHIN THE AUTHORITY AND DESIGNATION OF SAME. (R7M) Council Member Oberhelman made Member Miller, that the hearing resolutions be adopted. a motion, seconded by Council be closed; and that said The motion carried and Resolution Nos. 95-394, 95-395, 95-396, 95-397, 95-398, 95-399, 95-400, J-33, J-34, J-35, J-36, J-37 and J- 38 were adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. 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 15 11/20/95 Bernardino, California. RECONVENE MEETING At 2:05 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, Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Empeno; City Clerk Rachel Clark; Planning & Building Services Director Boughey. Absent: Council Members Curlin, Hernandez, Miller. APPEAL - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT NO. 15303 - CONDITIONAL USE PERMIT NO. 91-29 - ARROWHEAD SPRINGS PROJECT - BERT UPSON (29) This is the time and place set to consider an appeal of the Planning Commission's approval of Tent.ati ve Tract No. 15303 and Conditional Use Permit No. 91-29. Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated November 2, 1995, concerning an appeal by Mr. Bert Upson of the Planning Commission'S approval of Tentative Tract No. 15303 and Conditional Use Permit No. 91-29, applicable to the Arrowhead Springs Project. Mayor Minor opened the hearing. Director Boughey provided a synopsis of the action taken relative to Tentative Tract No. 15303 and Conditional Use Permit No. 91-29 and explained that all issues have been resolved relative to the appeal. RES. 95-401 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING THE FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION; ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM; AND APPROVING THE ARROWHEAD SPRINGS PROJECT (TENTATIVE TRACT NO. 15303/CONDITIONAL USE PERMIT NO. 91-29). (29) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be closed; and that the Mayor and Common Council adopt the resolution that certifies the Environmental Impact Report, adopts the Mitigation Monitoring/Reporting Program and the findings and statements of overriding consideration and approve Tentative Tract No. 15303 and Conditional Use Permit No. 91.-29, subject to the Conditions of Approval and the Standard Requirements attached to the Staff Report 16 n/20/95 dated November 2, 1995, from Al Boughey, Director of Planning & Building Services, modifying Condition of Approval No. 11, denying the appeal for denial of the project and upholding the Planning Commission's approval. The motion carried and Resolution No. 95-401 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Curlin, Hernandez, Miller. APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 95-15 - SERVE BEER AT AN EXISTING BILLIARD ROOM - THE PLAYER'S -- 1120 E. HIGHLAND AVENUE - ADE BOENTARAN (30) This is the time and place set to consider an appeal of the Planning Commission's denial of Conditional Use Permit No. 95-15. Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated November 1, 1995, concerning an appeal of the Planning Commission's denial of Conditional Use Permit No. 95-15 to serve beer at a beverage bar in an existing billiard room. COUNCIL MEMBER MILLER RETURNED At 2:12 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Mayor Minor opened the hearing. Director Boughey provided a synopsis of the action taken relative to Conditional Use Permit No. 95-15. John Lightburn, P. O. Box 1622, San Bernardino, CA, representing the applicant, expressed concern regarding the information used to deny the issuance of an ABC (alcoholic beverage control) license and urged the Mayor and Council to consider the appeal based on the fact that the owner is willing to work with the neighbors if problems should arise. Sergeant Goddard, San Bernardino Police Department, explained the investigation conducted to consider the approval of Conditional Use Permit No. 95 -15, to serve beer at a beverage bar in an existing billiard room located at 1120 E. Highland Avenue, Suite Three; and answered questions regarding the calls for service, crime rate within the area and how the Department of Alcoholic Beverage Control establishes a census tract. Director Boughey answered questions concerning the revocation of Conditional Use Permits. 17 11/20/95 The following individuals opposed the issuance of an ABC license: Sharon Brouse, 1133 E. 23rd St., San Bernardino, CA. Mr. & Mrs. A. A. Peterson, 2338 Newport Ave., San Bernardino, CA. James Bennett, a resident of San Bernardino. The following individuals testified on behalf of the owner's character and/or expressed support fer the issuance of an ABC license: Stephen Dienstell, 2452 N. Sepulveda, San Bernardino, CA. Walt Simon, P. O. Box 118, Forest Falls, CA. Robert Sauerbrun, 381 Echo Ct., San Bernardino, CA. Jonathon Mitchell, 7717 Church Ave., Sp. 149, San Bernardino, CA. Rafael Ramos, Owner of Silver Q Billiards, 7662 Del Rosa, San Bernardino, CA, assured the Mayor and Council that if any problems arise, they will do their best to resolve them. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. A discussion was held concerning the need to establish a policy which would address businesses wishing to sell beer and/or wine. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council uphold the appeal and continue the application to December 4, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for preparation of findings of facts to support the approval of Conditional Use Permit No. 95-15 and to determine that public convenience or necessity will be served by the issuance of an Alcoholic Beverage Control license. The motion Members Negrete, Devlin, Miller. failed by the following Oberhelman, Pope-Ludlam. Absent: Council Members vote: Nays: Curlin, Ayes: Council Council Members Hernandez. Council Member Miller made a motion to limit the age of customers to 21 years or older. The motion failed for lack of a second. 18 11/20/95 COUNCIL MEMBER HERNANDEZ RETURNED At 2:52 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the previous action taken to uphold the appeal and continue the application to December 4, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for preparation of findings of facts to support the approval of Conditional Use Permit No. 95-15 and to determine that public convenience or necessity will be served by the issuance of an Alcoholic Beverage Control license, be reconsidered. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Absent: Council Member Curlin. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council uphold the appeal and continue the application to December 4, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for preparation of findings of facts to support the approval of Conditional Use Permit No. 95-15 and to determine that public convenience or necessity will be served by the issuance of an Alcoholic Beverage Control license. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, Oberhelman, Pope-Ludlam. Council Members Devlin, Miller. Absent: Council Member Council Nays: Curlin. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 95-04 CHANGE LAND USE DESIGNATION FROM RESIDENTIAL URBAN (RU-1) TO COMMERCIAL GENERAL (CG-1) - 2.14 ACRE SITE - 371 FEET ON THE SOUTH SIDE OF HIGHLAND AVENUE JAMES M. LINDSETH (31) This is the time and place set for a public hearing relative to General Plan Amendment No. 95-04 to change the underlying land use designation from Residential Urban (RU-1) to Commercial General (CG-1) for the 2.14 acre site. Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated October 24, 1995, concerning General Plan Amendment No. 95-04 to change the land use designation from Residential Urban (RU-1) to Commercial General (CG-1) for the 2.14 acre site located 371 feet on the south side of Highland Avenue, BOO feet east of Palm Avenue. Mayor Minor opened the hearing. 19 11/20/95 James Lindseth, 3715 Palm Crest Drive, Highland, CA, representing Paul T. Brumund, explained that the owner is requesting a change in the land use designation from Residential Urban (RU-1) to Commercial General (CG-l), which would increase the opportunity for businesses to locate along a commercial corridor. RES. 95-402 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 95-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (31) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 95-04. Resolution No. 95-402 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Hernandez, Oberhelman, Devlin, Absent: Council Member Curlin. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-05 - CONDITIONAL USE PERMIT NO. 95-11 - TO ALLOW A NEW SERVICE STATION TO LOCATE ALONG A MAJOR OR SECONDARY ARTERIAL WITH A FREEWAY OFF-RAMP WITHIN THE FREEWAY CORRIDOR OVERLAY SOUTHWEST CORNER OF VARSITY AVENUE & UNIVERSITY PARKWAY - UNOCAL (32) This is the time and place consider approval of Development Conditional Use Permit No. 95-11. set Code for a public Amendment No. hearing to 95-05 and Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated November 1, 1995, concerning Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11, to allow the construction of a Unocal service station on the southwest corner of Varsity Avenue and University Parkway. Henry Empeno, Deputy City Attorney, submitted a memorandum dated November 20, 1995, advising the Mayor and Council that they must disregard the Planning commission'S recommendation to deny the project because of the fact that their decision may have been tainted. Mayor Minor opened the hearing. Director Boughey provided a synopsis of the action taken relative to Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11 and explained that 17 other locations may possibly be affected if the item is approved. 20 11/20/95 COUNCIL MEMBER CURLIN RETURNED At 3:04 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Concern was expressed regarding the location for the proposed service station, and discussion ensued relative to the action taken by the Planning Commission. Ray Benboali, UNOCAL, 17700 Castleton Street, Suite 508, City of Industry, CA, gave a presentation regarding the proposed construction of a 2,500 square foot service station at the southwest corner of Varsity Avenue and University Parkway and answered questions pertaining to such. Stephen Jamieson, Attorney for UNOCAL, 426 Culver Boulevard, Playa Del Rey, CA, stated that the key factor the Mayor and Council should consider is whether or not the Development Code Amendment is consistent with the City's General Plan. Barry Hammond, Service Station Services, Drive, #71.1, Santa Ana, CA, stated that the station is consistent with the General Plan. 3 Hutton proposed Centre service The following individuals expressed opposition to the construction of the proposed service station: Clarence Burstein, 1683 Grossmont Rd., San Bernardino, CA. Peter Tahera, owner of the proposed Chevron station. Tom Pruitt, Chevron, 1198 S. "E" St., San Bernardino, CA. Jeff Wright, P. O. Box 2341, San Bernardino, CA. Fred Gomez, 280 E. 45th St., San Bernardino, CA, inquired about the title holders of the property, the environmental review process and the negative declaration. Richard Hart, 939 E. Gilbert, San Bernardino, CA, recommended that the negative declaration be amended to include an "adopt a lot policy" which would require the rehabilitation of an abandoned service station and that the company be required to obtain a bond which would require the removal of the building if they or their predecessors go out of business. A discussion was held regarding the possibility of rehabilitating abandoned service stations, the effect the proposed General Plan Amendment would have Citywide and the impact to the surrounding businesses. 21 11/20/95 Ray Benboali reiterated that the proposed service station would be top of the line and stated that it would not have a negative effect on the surrounding businesses. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2) (0) (1) TO ALLOW SERVICE STATIONS WITHIN THE FREEWAY CORRIDOR OVERLAY ALONG A MAJOR OR SECONDARY ARTERIAL WITH A FREEWAY OFF-RAMP, AND AMENDING SECTION 19.06.030(2) (F) (4) TO EXEMPT SERVICE STATION/CONVENIENCE MARKETS FROM THE 1000 FOOT DISTANCE CRITERIA FROM AN EXISTING OR PREVIOUSLY APPROVED CONVENIENCE MARKET. First (32) Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed. Council Member Devlin made a motion, seconded by Council Member Negrete, that the negative declaration be adopted; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 95-11 be approved based on the findings of facts and subject to the Conditions of Approval and Standard Requirements contained in Exhibit Two, Attachments E, F and G of the Staff Report dated November 1, 1995, by Al Boughey, Director of Planning & Building Services with Standard Requirement #6 (e) as amended relative to the storm drain fee. The motion failed by the following vote: Ayes: Council Members Negrete, Devlin. Nays: Council Members Hernandez, Oberhelman, Pope-Ludlam, Miller. Abstain: Council Member Curlin. Absent: None. Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the application for Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11 be denied; and that the matter be continued to December 4, 1995, to provide findings in support of the denial. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 4:1B p.m., Planning & Building Services Director Boughey left the Council meeting and was replaced by Economic Development Agency Administrator Timothy Steinhaus. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 4:1B p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 22 11/20/95 ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED At 4: 18 p. m., Economic Development Agency Special Counsel Timothy Sabo returned to the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 4:18 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, 30e North "D" Street, San Bernardino, California. ECONOMIC STRATEGIC PLAN - POLICY GUIDELINES - ECONOMIC DEVELOPMENT AGENCY (R8) Timothy Steinhaus, Agency Administrator, Agency, submitted a Staff Report dated concerning the economic strategic plan. Economic Development November 13, 1995, The following individuals submitted letters concerning the economic strategic plan: Anthony H. Evans, President, California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA, letter dated March 8, 1995. E. Neal Roberts, Ed.D., Superintendent, Unified School District, 777 North "F" St., letter dated September 14, 1995. San Bernardino City San Bernardino, CA, Judith W. Battey, President, Inland Action Inc., 294 S. Leland Norton Way, Suite 2, San Bernardino, CA, letter dated October 5, 1995. Tom Clark, Administrative Dean, Occupational Education/Economic Development, San Bernardino Valley College, 701 S. Mt. Vernon Ave., San Bernardino, CA, letter dated November 16, 1995. Larry R. Sharp, Credit Union, P. O. November 16, 1995. President/CEO,San Bernardino County Central Box 735, San Bernardino, CA, letter dated Hank Commerce! 20, 1995. plotkin, President, San Bernardino Area Chamber of 546 W. 6th St., San Bernardino, CA, letter dated November Denny Shorett, President, Crown Printers, 250 W. Rialto Ave., San Bernardino, CA, letter dated November 20, 1995. 23 11/20/95 Agency Administrator Steinhaus explained that the City retained John Husing, Ph.D., to develop an economic strategic plan, and stated that Bob Botts, Business Development Manager, would be making a presentation relative to such. Bob Botts, Business Development Manager, Economic Development Agency, stated that the City needs strategy and direction to rebuild its economic base and provided a synopsis of the action taken to develop the economic strategic plan. COUNCIL MEMBER CURLIN EXCUSED At 4:28 p.m., Council Member Curlin left the Council meeting. John Husing, Ph.D., 3142 Cactus Circle, Highland, CA, explained the economics of the City and the components of the economic strategic plan. Concern was expressed regarding the housing element of the plan and the fact that the plan did not address the utilization of funds, employees not living within the City and the Arden and Guthrie area. The following individuals expressed support for the economic strategic plan: David Schultz, Inland Empire Association of Realtors, 1798 North "D" St., San Bernardino, CA. Jeff Wright, P. O. Box 2341, San Bernardino, CA. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern relative to rewarding absentee landlords at the expense of homeowners and stated that citizens should be more supportive of the police. A discussion was held concerning the local economics. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council and the Community Development Commission adopt, as policy guidelines for the City and Economic Development Agency, the recommendations as set forth in the "Economic Strategic Plan" noted in the Staff Report dated November 13, 1995, from Timothy Steinhaus, Agency Administrator, Economic Development Agency; and that staff be directed to implement the guidelines and/or initiate specific actions necessary to accomplish the recommended strategies or programs. The motion carried by Members Negrete, Hernandez, Council Member Pope-Ludlam. the following vote: Ayes: Council Oberhelman, Devlin, Miller. Nays: Absent: Council Member Curlin. 24 11/20/95 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 5:47 p.m., Economic Development Agency Administrator Timothy Steinhaus left the Council meeting and was replaced by City Administrator Shauna Clark. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 5: 47 p. m., Economic Development Agency Special Counsel Timothy Sabo left the Council meeting. COUNCIL MEMBERS HERNANDEZ & MILLER EXCUSED At 5:47 p.m., Council Members Hernandez and Miller left the Council meeting. APPROVE FY 1994/95 CONTINUING APPROPRIATION & ENCUMBRANCE CARRYOVER REPORT - CARRYOVER INTO FY 1995/96 BUDGET - FINANCE DEPARTMENT (21) Barbara Pachon, Director of Finance, submitted a Staff Report dated November 2, 1995, requesting that the Fiscal Year 1994/95 Continuing Appropriation & Encumbrance Report be approved and carried over into the Fiscal Year 1995/96 budget. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Fiscal Year 1994/95 Continuing Appropriation & Encumbrance Report as submitted by the Director of Finance, be approved; and that it be carried over into the Fiscal Year 1995/96 budget. APPROVE EXPENDITURE - PARK CONSTRUCTION FUNDS - PURCHASE POOL COVERS - PERRIS HILL SWIM CENTER POOLS (22) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a Staff Report dated November 8, 1995, requesting approval of an expenditure of park construction funds for the purchase of pool covers for the perris Hill Swim Center pools. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the expenditure of park construction funds in the amount of $18,000 for the purchase of pool covers for the Perris Hill Swim Center pools, be approved. COUNCIL MEMBER MILLER RETURNED At 5:48 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 95-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE PERSONNEL DEPARTMENT. (23) 25 11/20/95 Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-403 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-404 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR EQUIPMENT AND USER ACCESS INTO THE NATIONAL LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (NLETS) AND THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (CLETS). (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-404 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-405 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (25) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-405 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-406 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR ACCESS AND INQUIRY INTO THE SHERIFF'S DEPARTMENT CENTRAL NAME INDEX. (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-406 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GTS ASSOCIATES, INC. RELATING TO ARCHITECTURAL SERVICES FOR THE CORPORATE YARD FACILITY UTILIZATION STUDY AND OFFICE REDEVELOPMENT PURPOSES. (27) 26 11/20/95 Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-407 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-408 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A GRANT DEED FROM CHARLES D. AND SHELBY J. OBERSHAW, TRUSTEES OF THE CHARLES AND SHELBY OBERSHAW TRUST DATED MARCH 4, 1991, FOR PROPERTY LOCATED AT 1095 NORTH "E" STREET, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (28) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-408 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-409 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY RELATING TO MINORITY BUSINESS ENTERPRISES, WOMEN BUSINESS ENTERPRISES AND OTHER BUSINESS ENTERPRISES IN CITY PROCUREMENTS. (Sl) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-409 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-410 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991, CHAPTER 817) FOR THE FOLLOWING PROJECT: PURCHASE OF DEDICATED VEHICLE FOR CURBSIDE USED OIL COLLECTION AND RECYCLING PROGRAM AND EXTENSIVE PUBLIC EDUCATION CAMPAIGN. (AS1) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-410 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. 27 11/20/95 PUBLIC COMMENTS - GARY KIRBY (33) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed support for the newly-elected members of the Council, and stated that since public comments will be heard at the end of the meeting, the Mayor and Council should consider extending the time from three to five minutes. PUBLIC COMMENTS - JEFF WRIGHT (33A) Jeff Wright, P. O. Box 2341, discontent towards the actions taken place the public comments at the end San Bernardino, by the Mayor and of the meeting. CA, voiced Council to A Council Member suggested that public comments for both the Mayor and Common Council and Community Development Commission be scheduled at a time specific 4:00 p.m.; however, no formal action was taken to do so. ADJOURNMENT (34) At 5:57 p.m., the regular meeting adjourned. The next meeting will be held at 8:00 a.m., Monday, December 4, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~~~V~ uzanna Cordova Deputy Clty Clerk No. of Items: 40 No. of Hours: 8 28 11/20/95