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Home My WebLink About07-24-1989 Minutes . . . City of San Bernardino. California July 24. 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held at 9:00 a.m.. on Monday. July 17, 1989. in the Council chambers of City Hall. 300 North "0" Street. San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meet1ng held on Monday, July 17, 1989. and has on file in the Offlce of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 10:00 a.m.. Tuesday, july 18. 1989. on the door of the place at which said meeting was held. The Adjourned Regular Meeting was called to order by Mayor Pro Tempore Flores at 11:00 a.m.. July 24, 1989, in the Council Chambers of City Hall. 300 North "D" Street. San Bernardino. Cali fornia. INVOCATION The Invocation was g1ven by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Alleg1ance was led by Council Member Maudsley. ROLL CALL Roll Call was taken w1th the following being present: Mayor Pro Tempore Flores: Council Member Reilly, Flores. Maudsley, Minor. Miller; City Attorney Penman. City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb: Council Members Estrada. Pope-Ludlam. PUBLIC COMMENTS There were no comments under the public comments the agenaa. portion of ,hi COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY PUBLIC HEARING The Special Meeting of the Community Development Commission/Redevelopment Agency was called to order at 11:00 a.m.. by Cha1rman Flores in the Council Chambers of City Hall, 300 North "0" Street. San Bernardino. California. 1 7/24/89 . PUBLIC HEARING - UDAG APPLICATIONS - 11:00 A.M. CONTINUED FROM JULY 17.1989 In a memorandum dated July 19. 1989. submitted by Steven H. Dukett, Executive Director for the Redevelopment Agency, stated that it was recently announced by the Department of Housing and Urban Development (HUD) that there were Urban Development Action Grant (UDAG) funds aVa~lable and that applications had to be received no later than July 31. 1989. (R-l) HUD requires that there be two (2) public hearing before the applications are subm~tted. RDA staff is Sunwest Professional Court and "E" in the preparing applications for two projects-- Park in the Southeast Industrial Park and Central City Project Area. This is the first ~ear~ng to comply with HUD regulations. Mr. Dukett is requesting authorization to submit the applications to HUD for UDAG funds. Mayor Pro Tempore "lores opened the hearing. ~ John Hoeger. Development Manager. Redevelopment Agency, stated that this first public hearing is required by HUD to have an opportunity reVlew the concept of the proposed UDAG applications and requlres no action. Council Member Member Flores and Hearing be closed. Mlller made unan~mously a motion. carried. seconded by Council that the Joint Public READING AND WAIVING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all resolutions and ordinances on the Mayor and Common council and Community Development Commission/Redevelopment Agency Agendas. Council Member Minor made a motion, seconded Member Miller and unanlmously carried, that further the resolutions and ordinances be waived. by council reading of Council Member Minor made a motion, seconded by Council Member Miller that the following resolutions be adopted. ~ RES. 89-285 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF RIGHTS-OF-WAY WITHIN LOT 9. ARROWHEAD SUBURBAN FARMS, TRACT NO. "A". (Continued from July 17.1989) (1) 2 7/24/89 . . . RES. 89-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DRAINAGE UNDERGROUND CONTRACTORS. INC.. FOR INSTALLATION OF STORM DRAIN IN TWENTY-FIRST STREET. BETWEEN KENWOOD AVENUE AND EAST TWIN AND WARM CREEK CHANNELS. (2) Resolutions Nos. 89-285 and 89-286 were adopted by the following vote: Ayes: ~ouncil Members Reilly, Flores. Maudsley, Minor, Miller. Noes: None. Absent: Council Members Estrada. Pope- Ludlam. ORDINANCE OF THE C:7Y OF SAN BERNARDINO ADDING CHAPTER 15.08 DEALING WI7~ LIQUEFACTION AND REQUIREMENTS FOR DEVELOPMENT IN SUSCEPTIBLE AREAS. (3) City Attorney Pen~an stated reviewed by the Env:::nmental whether a Negative Dec:~ration is Environmental Impact 'eoort. that Review gOJ.ng this ordinance must be Committee (ERC) to see to be done or a full Council Member ~l.:er Member Flores and unanlmously referred to the Environmental made a motion. seconded by Council carried. that said ordinance be Review Committee. Council Member ~lJler made a motion. seconded by Council Member Reilly and ~nanlmously carried. that the following ordinances be adopted. ORD. MC-671 - ORDINANCE ADDING CHAPTER :5.20 OCCUPANCY. OF THE CITY OF SAN BERNARDINO REQUIRING A CERTIFICATE OF (4) FINAL ORD. MC-672 - ORDINANCE OF THE CITY ADDING SECTION ,).56.135 TO THE MUNICIPAL CODE 7C ~~OVIDE FOR MINOR TO THE PARKING REQUIREMENTS. OF SAN BERNARDINO SAN BERNARDINO EXCEPTION PERMITS ( 5) FINAL ORD. MC-673 - ORDINANCE OF THE CITY OF SAN AMENDING SECTION 8.33.010 OF THE SAN MUNICIPAL CODE ~ELATING TO PROPERTY BERNARDINO BERNARDINO NUISANCES. (6) FINAL Ordinance Nos. MC-671. MC-672 and MC-673 were adopted by the following vote: Ayes: Council Members Reilly. Flores. Maudsley, Minor. Miller. Noes: None. Absent: Council Members Estrada. Pope-Ludlam. ORD. MC-674 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.46.110 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO COSTS OF LOCAL EMERGENCIES. (7) 3 7/24/89 . . . In a memorandum dated July 12. 1989. city Attorney Penman stated that ~n reVlew of the law surrounding the double tragedy on Duffy street disclosed that in most cases the public agencies involved with emergency response may not recover the costs of that response wi~hout a statutory basis. We therefore submit this ordinance for your review and discuss~on. This ordinance has been based on the provisions in state statute relating to collecting the losses due to fire response (Health and Safety Code Section 13009) and the costs responding to a drunk driving accldent (Government Code section 53150 et seq.). COUNCIL MEMBER ESTRADA ARRIVED At 11:15 a.m.. Councll Member Estrada arrived at the Council Meeting and took her place at the Council Table. City Attorney Penman stated that the following issues must be consldered in the a~~otlOn of this ordinance: 1) Whether sucn '~sts should be collected at all; 2 ) If so. under ~nat circumstances should they be charged. In this proposal we have indicated that they would only be charged if a formal declaration of emergency is made. 3) Should there ce a limitation on the costs to be collected: Government Code Section 5315A with reference :0 the costs of responding to a drunk drlv:~~ accident limits the costs to be collected .~ 51.000.00. In this proposal we have llml:ed the costs to $1.000.000.00 except for '~mmercial enterprise pursuing the~r commer::al operations. where there is no limlt. The concern. of course. is that a famlly should not carry the burden of millions of dollars of costs for many years as a result of one negligent act. Discussion ensued regarding the party or parties responsible for this accident being bllled for the costs incurred. Discussion ensued regarding the criteria for declaring a local emergency. Council Member Maudsley Member Miller and unan~mously adopted. made a motion. seconded by Council carried. that said ordinance be Ordinance MC-674 was adopted by the following vote: Ayes: Council Members Estrada. Reilly, Flores, Maudsley, Minor. Miller. Noes: None. Absent: Council Member Pope-Ludlam. 4 7/24/89 . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY PUBLIC HEARING The Special Meeting of the Community Development Comm~ssion/Redevelopment Agency was called to order at 11:45 a.m.. by Chairman Flores in the Council Chambers of City Hall. 300 North "D" Street, San Bernardino. California. PUBLIC HEARING - UDAG APPLICATIONS - 11:30 A.M. - CONTINUED FROM JULY 17, 1989 This is the time and place set forth for a public hearing to discuss UDAG Application Authorization. . In a memorandum dated July 19. 1989. Steven H. Dukett, Executive Director of the Redevelopment Agency. stated that it has been announced by the Department of Housing and Urban Development (HUD) that Urban Development Action Grant (UDAG) funds are ava~lable and that applications had to be submitted before July 31, 1989. RDA staff is preparing applications for two projects. one is the Sunwest Profess~onal Park in the Southeast Industrial Park and the other is Court and "E" in the Central City Project area. Under HUD regulations. two pUbic hearings must be held, this is the second hearing. The Redevelopment Agency is recommending that the Council adopt two resolutions which authorize the Mayor to execute the applications. Mayor Pro Tempore Flores opened the hearing. Council Member Estrada made Member Reilly and unanimously closed; that further reading waived and adopted. a motion, seconded by Council carried. that the hearing be of the following resolutions be RES. 89-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A PORTION OF THE SUNWEST PROFESSIONAL PARK AND RELATED PARKING STRUCTURE RES. 89-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COURT AND "E" STREET OFFICE BUILDING DEVELOPMENT Resolution following vote: Maudsley, Minor, Pope-Ludlam. Nos. Ayes: Miller. 89-287 and 89-288 were Council Members Estrada. Noes: None. Absent: adopted by the Reilly, Flores. Council Member . COUNCIL MEMBER MINOR EXCUSED At 11:35 a.m., Council Member Minor left the council Meeting. 5 7/24/89 . RECESS MEETING At ll:40 a.m.. by Councll Member meeting recess to followlng Government - CLOSED SESSION Councll Member Reilly made Estrada and unanimously Closed Session pursuant Code Sections: a motion. carrled. to the seconded that the for the Government Code Section 54956.9(a) to confer attorney regarding pendlng litigation which has been formally to which the Clty is a party as follows: with its ini tiated (A-1) City Manaaement. 238755; of San Bernardino vs. Inc.. et al -San Bernardino California Construction Superior Court Case No. Arriaaa vs. City 0f San Bernardino - San Bernardino Superior Court Case No. 247466; Government Code SectlOn attorney regarding pendlng exposure to litigation. 54956.9(b)(l) litigation, as to confer with its there is significant (A-2) Item 7 regarding costs of local emergencies will also be discussed. . It was stated that Item 2 was discussed in Closed Session and it was decided to continue it to Thursday, July 28, 1989, at 4: 00 p. m., in the Counell Chambers of city Hall, 300 North "D" Street. San Bernardino. ~alifornia. CLOSED SESSION At 11:40 a.m., the Closed Session was called to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San BernarC1DO, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Flores; council Members Estrada, Reilly, Flores, Maudsley, Minor. Miller; city Attorney Penman, City Administrator Julian. Absent: Mayor Holcomb; Council Member pope-Ludlam, City Clerk Clark. Also present were: Deputy City Attorney Attorney Brue, Herb Wessel. General Manager, Bernie Kersey, Director of Administration Department. Roth, Water and Assistant City Department and Finance, Water . COUNCIL MEMBER POPE-LUDLAM At 12:15 p.m.. Council Closed Session. ARRIVED Member Pope-Ludlam arrived at the CITY CLERK CLARK ARRIVED At 12:30 p.m., City Clerk Clark was called into the Closed Session meeting. 6 7/24/89 . . . DEPUTY CITY ATTORNEY ROTH At 12:35 p.m.. Deputy Sesslon. EXCUSED City Attorney Roth left the Closed CITY CLERK CLARK EXCUSED At 12:35 p.m.. City Clerk Clark left the Closed Session. MR. WESSEL AND MR. KERSEY EXCUSED At 12:35 p.m.. Herb Wessel and Bernie Kersey left the Closed Session. ADJOURN CLOSED SESSION At 1:03 p.m.. the Closed Session was adjourned to the Adjourned Regular Meetl~g of the Mayor and Common Council in the Counci I Chambers of : 1 t Y Hall. 300 North "D" Street. San Bernardino. Californla. RECONVENE MEETING At 1:03 p.m.. the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street. 3an Bernardino. California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Flores; council Members Reilly, Flores, Maudsley, Minor. Pope-Ludlam. Ml!!er; City Attorney Penman, City Clerk Clark. City Administrator Julian. Absent: Mayor Holcomb; Council Member Estrada. ADJOURNMENT At 1:05 p.m.. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried. that the meeting be adjourned to 4:00 p.m.. Thursday, July 27, 1989. in the Council Chambers Jf City Hall. 300 North "D" Street. San Bernardino. California. SHAUNA CLARK City Clerk By: v/andAtv inldinll) Deputy City Clerk No. of Items: 10 No. of Hours: 2 T 7/24/89