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HomeMy WebLinkAbout01-25-1988 Minutes . City of San Bernardino, California January 25, 1988 T:'lis is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Tuesday, January 19, 1988, at 9:1313 a.m., in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Tuesday, January 19, 1988, at 9:013 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which \vas posted at 1:313 p.m., Wed- nesday, January 213, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 4:16 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. . INVOCATION The Invocation was given by Richard Bennecke, Execu- tive Assistant to the Mayor. PLEDGE OF ALLEGIANCE The Pledge of Alleg iance was led by Counc i 1 Member Pope-Ludlam. ROLL CALL Roll Call was taken by the Ci ty Clerk wi th lowing being present: Mayor Wilcox; Council Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, City Clerk Clark, City Administrator Schweitzer. Council Member Minor; City Attorney Penman. the fol- Members Mi ller; Absent: PUBLIC COMMENTS There were no public comments. (A) PUBLIC HEARING - HOME OF NEIGHBORLY SERVICE - AMENDMENT TO AGREEMENT - CONTINUED FROM JANUARY 19, 1988 This is the time and place continued to for hearing to consider an amendment to the agreement Home of Neighborly Service. a public with the (1 ) . 1 1/25/88 . At the meeting of the Mayor and Common Council held on January 19, 1988, City Attorney Penman referred to his letter dated November 19, 1987, to Felton C. Anderson, Board President, Home of Neighborly Service (HNS), regard- ing an increase in the liability insurance provisions in the lease with the HNS. Mr. Penman also referred to a response from Mr. Tolbert, Executive Director of the HNS, in which it was stated that the HNS' s budget would not allow any additional cost. A waiver of increased insur- ance limits was requested. Council Member Estrada, Chairman of the Ways and Means Committee, stated that the Committee had looked at this agreement, and it was their consensus that as far as the insurance coverage was concerned, all nonprofit organ- izations using City facilities should be treated the same. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. . City Attorney Penman explained that because of recent cases, the Ci ty should be protected when its property is used by another organization, especially when school chi ldren are involved, and recommended coverage of from $4,000,000.00 to $6,000,000.00 per incident. From a legal standpoint, the City must move expedi tiously to protect its position. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the proposed amendment to the agreement with the Home of Neighborly Service be continued to March 7, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 9.84.020 AND 9.84.030 TO THE SAN BERNARDINO MUNICIPAL CODE TO RE- QUIRE A MINIMUM TWO-DAY JAIL SENTENCE FOR THE UNLAWFUL DISCHARGE OF A FIREARM, AND TO DEFINE THE TERM FIREARM. (Final) (2) City Clerk Clark read the title of the ordinance. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of said ordinance be waived. . Council Member Reilly made a motion, seconded by Council Member Flores, that said ordinance be adopted. 2 1/25/88 . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. A concern was raised about whether or not this ordi- nance would remove the discretion of judges to determine if a crime includes malicious intent. Ci ty Attorney Penman stated that he had conferred with the Presiding Judge in Superior Court who was in sup- port of this ordinance. He also gave statistics regarding problems with shots being fired in the air by celebrants. For example, on New Year's Eve, the Police Department received 40 calls regarding shots fired. The Council discussed the provisions in the proposed ordinance that deal with rockets. City Attorney Penman stated that the wording on rock- ets came di rect ly from the Penal Code, but agreed that some amendments might be in order. . Council Member Maudsley made a substitute motion, seconded by Council Member Estrada, that the proposed ordinance regarding a minimum two-day jail sentence for the unlawful discharge of a firearm be referred back to the City Attorney for revisions of the sections of the ordinance pertaining to rockets, and that said ordinance be continued to February 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. The mot i on Counc i 1 Members Ludlam. Noes: Member Minor. carried Estrada, Council by the following vote: Ayes: Reilly, Flores, Maudsley, Pope- Member Miller. Absent: Council COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO, ADDING CHAPTER 5.72 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE WHEREBY THE CITY ELECTED TO RECEIVE ITS ALLOCATED SHARE OF SATELLITE WAGERS AT THE NATIONAL ORANGE SHOW COUNTY FAIRGROUNDS. (3) Mayor Wi lcox requested tha t sa id tinued to allow time for revisions as Orange Show Board. ordinance requested be con- by the . 3 1/25/88 . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the ordinance concerning the City's share of satellite wagers at the National Orange Show County Fairgrounds be referred back to the City Attorney for revisions, and continued to February 1, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Counc i 1 Member Pope-Ludlam retu rned Meeting and took her place at the Council to the Table. Council RES. 88-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT FOR THE REPAIR OF LEAKS IN THE CONVENTION CENTER ROOF. (B.R.S. Construction, Inc.) (8, R-l) City Clerk Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of said resolution be waived. City Attorney Penman explained why the contract had to be completed today. . Wayne Overstreet, Superintendent, Public Buildings/- Parking Control, stated that this is the only contractor who would guarantee his work. Mr. Overstreet answered questions regarding the cost to repair the Convention Center roof. The Council discussed whether the contractor should be paid for the roof repair by City funds or Redevelopment Agency funds. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions and explained why the Redevel- opment Agency should pay for re-striping of the parking structure, but not for the repair of the Convention Center roof. Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-17 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Minor. . 4 1/25/88 . Council Member Estrada made a motion, seconded by Council Member Flores, to authorize and direct the City Attorney to prepare a sole source contract document and authorize and direct the Mayor to execute said contract on behalf of the City. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Minor. City Administrator Schweitzer answered questions, stating that the funds for the repair of the Convention Center roof would have to come from the ci ty' s reserve fund, as there is no other source for funding at this time. RECONSIDERATION - RESOLUTION REGARDING REPAIR OF CONVENTION CENTER ROOF Council Member Reilly made a motion, seconded by Council Member Miller, to reconsider the previous action in order to look at ways for the Redevelopment Agency to pay for the contract for repair of the Convention Center roof. (8, R-l) . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Minor. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that payment for the repair of the Convention Center roof come from Redevelopment Agency funds, on a one-time-only basis. The motion carried by the following vote: Ayes: Council Members Reilly Flores, Pope-Ludlam, Miller. Noes: Council Members Estrada, Maudsley. Absent: Council Mem- ber Minor. RES. 88-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MC LAUGH- LIN CONSTRUCTION CO., FOR THE CONSTRUCTION OF THE SENIOR CITIZENS CENTER IN PERRIS HILL PARK, AND APPROVAL OF CHANGE ORDER #1. (S-l) City Clerk Clark read the title of the resolution. . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. 5 1/25/88 . Resolution No. 88-18 was vote: Ayes: Council Members Maudsley, Pope-Ludlam, Miller. Council Member Minor. ado?ted Estrada, Noes: by the following Reilly, Flores, None. Absent: PROPOSED ORDINANCE REGARDING RENT MORATORIUM FOR MOBILE HOME SITES - CONTINUED FROM JANUARY 4, 1988 This is the time and place continued to for consider- ation of an ordinance providing that rents for mobile home sites shal1 not exceed those in effect on July 1, 1987, and temporarily prohibiting rental increases. (9, 10) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE UR- GENCY THEREOF. (Cont i nued from January 4, 1988) . Ken Henderson, Director of Community Development, prov ided a report dated J anua ry, 1988, prepared by Conn- erly and Associates, 2215 21st Street, Sacramento, in conjunction with the Wirthlin Group of Santa Ana. The report is on a survey of mobilehome park owners and resi- dents conducted in November and December of 1987. In person interviews were conducted with 648 park residents equalling approximately 17% of mobilehome park residents. Each park owner was mailed a questionnaire. Responses totalled 62% of the City's 3799 spaces. The survey found that despite some important concerns mentioned by mobilehome park residents, 82% of those sur- veyed expressed a high to moderate level of satisfaction with living in their mobilehome parks. Most residents were very concerned about rent increases, and many resi- dents also expressed concerns about the maintenance of their parks and the enforcement of park rules and regula- tions. Mr. Jeff Goldman of Connerly and Associates, ex- plained how the survey was conducted and stated that the surveyors met increasing resistance from park tenants as time went on. The households were selected on a random basis. Mr. approach raised: Goldman recommended the fol1owing four prong to address the concerns that many residents have . 6 1/25/88 . a. An in-park dispute resolution process which would work voluntarily between residents and owners. b. A rent mediation board to which unresolved dis- putes could be appealed. c. A financial and technical assistance program, using state, county, and city resources, to assist resi- dents who wish to purchase their parks. d. A financial assistance program for very-low in- come residents who pay more than 30% of their income for housing. Sally Wilder, a tenant at Mediterranean Mobile Es- tates, and a representative of M.O.R.E., stated she felt the survey was not truly random and accused the surveyors of intimidation tactics. Mr. Clay Hage of Western Mobilehome Owners Associa- t i on and a representa ti ve of San Bernard i no mobilehome park owners made it clear that park owners have fully cooperated with the survey and are not critical of the report. . Mr. Goldman answered questions regarding income. About 45% of the mobilehome park residents in the City have incomes that could be defined as very-low by govern- ment standards. Another 24% are considered lower income. About 40% of the residents are low inco~e household paying in excess of 30% of their income to defray housing ex- penses. A higher proportion of those in the lowest income categories are in the smaller parks which are older and tend to charge lower rents. Clay Hage pointed out that 5% of all City residents 1 i ve in mobilehome parks. Of those, 18 % have expressed dissatisfaction with their housing, therefore, only 1% of San Bernardino's population are demanding a rent control ordinance. Jeff Goldman answered questions of Mr. Hage. Harold Anderson, owner of Arrowlane Mobilehome Park, spoke on behalf of himself and other park owners. He pointed out that many park tenants have sources of income other than social security, including equity from the sale of houses, and asked how this was taken into consideration when determining income. . '1r. I\nderson urged the Council not to paint all park owners with the same brush. 7 1/25/88 . Mr. Luther Fair, a tenant at 2505 West Foothil1 Bou- levard, Sequoia Plaza Mobilehome Park, asked questions regarding the structure of the survey and presented his objections to the survey. Mr. Goldman and Ken Henderson responded to Mr. Fair. Mr. Goldman pointed out to Mr. Fair that Connerly and Associates was not charged with the responsibility of determining a fair rate of return for park owners and that most people believe that paying somewhere between 35% and 25% of their income is comfortable for housing costs. Mr. Goldman answered questions regarding the survey of park owners and the average age of park tenants. Bruce Thompson, a resident tates, explained why he believed done randomly and gave a history park. of Glen Aire Mobile that the survey was of rent increases in Es- not his . Mr. Goldman addressed t1r. Thompson's concerns about the randomness of the survey and added that the surveyors had a difficult time in Sequoia Mobilehome Park because of the unwillingness of residents to cooperate with the sur- vey. Betty Chute, a resident of Rancho Meridian Mobile Estates, 2686 West Mil1, complained about park residents being subjected to a "belittling" survey. Ken Henderson answered questions about the park owners' participation in the survey. He also pointed out that since it is the residents who are seeking redress from the Counc i 1, they have the burden of prov ing tha t a hardship exists. Mr. Earl Goin, 4040 East Piedmont, stated that ap- proximately 14 of the 23 owners who responded to the sur- vey have long term leases or would be willing to offer them. Rent control would not affect those with leases. Ken Henderson recommended three al ternati ve actions that the Mayor and Council could take at this time. The Mayor and Council discussed Mr. recommendations. Henderson's . Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, to approve in concept the four-point program recommended by the con- 8 1/25/88 . sultant that conducted the Mobilehome Park Study, refer the recommendations of the consultant to the Mobilehome Park Ad Hoc Committee for an implementation plan to be presented to the Mayor and Council on March 7, 1988, and refer the ordinance on space rental back to the City Attorney for revisions; which would change the effective date and which would allow a rent increase not to exceed the Consumer Price Index of December 1, 1987. The pro- posed ordinance is to contain an expiration date of March 21, 1988, and a provision that rental increases beyond the maximum 4.4% are disallowed without the approval of the Mayor and Council. City Attorney Penman answered questions regarding the preparation of an urgency rent control ordinance and the legal findings for an urgency clause. Mildred Davidson of Tropicana Mobilehome Park spoke of a recent space increase notice delivered in her park. Ken Henderson, director of Community Development, acknowledged the hard work of Maurice Oliva, Community Development; Sally Wilder, M.O.R.E.; and Clay Hage, West- ern Mobilehome Park Owners Association. . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed ordinance providing that rental increases beyond the max imum 4.4 % are disallowed wi thout the approval of the Mayor and Council, be heard at 4:00 p.m., on February 1,1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION - TO DISCUSS PENDING LITIGATION Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has ben initiated formally and to which the City is a party, be continued to Monday, February 1, 1988, in the Council Chambers of City Hall, 300 North "D' Street, San Bernardino, California. The cases to be discussed are as follows: (4) Hayes vs. Delaney, et al - San Bernardino Superior Court Case No. 240286; Highland Homeowners vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 241464; Shumpert, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 223140; . 9 1/25/88 . City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Barrett, Inc. vs. City of San Bernardino, et al - San Bernardino Superior Court Case NO. 239913; Saldecke, et al vs. City of San Bernardino et al - San Bernardino Superior Court Case No. 236836; ci ty of San Management, Inc., Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Cable Lakes Associates vs. City of San Bernardino - Superior Court Case No. 238714; In Re Operation Second Chance - United States trict Court - (Centra 1 District) Case Nos. 87-1439 (BK No. 86-0289 (ON) (No. 87-122 - (BN)) Dis- (PAR) . REQUEST FOR CLOSED SESSION TO DISCUSS PERSONNEL MATTERS Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the request for a Closed Session to consider personnel matters pursuant to Government Code Section 54957 be continued to Monday, February I, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (5 ) REQUEST FOR CLOSED SESSION TO DISCUSS PENDING LITIGATION Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the request for a Closed Sess ion to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (I), as there is significant exposure to litigation, be continued to Monday, February I, 1988, in the Counc i 1 Chambers of Ci ty Hall, 300 North "0 I Street, San Bernardino, California. (6) REQUEST FOR CLOSED SESSION TO DISCUSS PENDING LITIGATION Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the request for a Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to ini tiate litigation, be continued to Monday, February I, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (7) . 10 1/25/88 . ADJOURNMENT Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned. (11) adff$/dA~ /' City Clerk . . 11 1/25/88