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HomeMy WebLinkAbout07-06-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 6,1999 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 Valles at 8:22 a.m., Tuesday, July 6, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Devlin, Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: William Cooper vs. City of San Bernardino. et at. - United States District Court Case No. CV 98-7951. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 5) (1) At 8:22 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): People of the State of California. et at. VS. William H. Cooper. et al. - San Bernardino Superior Court Case No. SCV 49063. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) (1); (2); (3) (A-F) of Government Code Section 54956.9. 1 7/6/1999 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Conference with real property negotiator pursuant to Government Code Section 54956.8. F. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. G. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Director of Human Resources Emplovee Organizations: San Bernardino Public Employees Association - General Employees San Bernardino Public Employees Association - Middle Management Employees CLOSED SESSION At 8:22 a.m., Mayor Valles 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 Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Devlin, Miller. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorneys Coleman and Easland and Administrative Operations Supervisor Edna Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San 2 7/6/1999 Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:37 a.m., Council Member Miller arrived at the closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:41 a.m., Deputy City Attorney Coleman left the closed session. HUMAN RESOURCES DIRECTOR RAY A & FINANCE DIRECTOR PACHON ARRIVED At 8:41 a.m., Human Resources Director Raya and Finance Director Pachon arrived at the closed session. CITY ATTORNEY PENMAN EXCUSED At 8:46 a.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN RETURNED At 9:03 a.m., City Attorney Penman returned to the closed session. ADJOURN CLOSED SESSION At 9:04 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: 11 a.m., Mayor Valles 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 Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Devlin. INVOCATION The invocation was given by Father Patricio Guillen from Libreria del Pueblo. MUSICAL PRESENTATION - SARA ORDAZ (3) Sara Ordaz, 3'd Grader from Woodrow Wilson Elementary School, gave a beautiful rendition of the Star Spangled Banner. 3 7/6/1999 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATIONS - CERTIFICATE OF APPRECATION - SARA ORDAZ (3) Ms. Ordaz was presented with a Certificate of Appreciation in recognition of her beautiful rendition of the Star Spangled Banner. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that she enjoyed distributing medals to the far west region soccer teams. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson made the following announcements: 1) She stated it was a pleasure to take part in the 4th of July Celebration sponsored by the city. 2) August 7 is the next Sixth Ward cleanup day. The dump site will be located at the northeast corner of Meridian and Foothill. 3) An update on the opening of the Fiesta Market was provided. 4) Congratulations were extended to the residents of the Sixth Ward for maintaining their properties and they were encouraged to call her office with the names of individuals who should receive a letter of recognition. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada thanked the Department of Parks, Recreation and Community Services for their diligence in bringing together the wonderful 4'h of July Celebration at Seccombe Lake Park. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that on June 27 the Perris Hill and DMV Neighborhood Associations collected 20 tons of rubhish. She also stated that on July 16 and 17, the Saint John Church and Praise Chapel would be sponsoring a 3 on 3 basketball tournament. 4 7/6/1999 ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis made the following announcements: 1) Third Ward cleanup day will be July 10 located next to the West Colony Community Association. Fliers will be distributed and information will be noted in the newspaper. 2) The Fourth Ward cleanup day sponsored by the 30/40 Neighborhood Association will be July 24. More information will be disseminated at a later date. 3). He thanked Mr. Bill Thomas for showing him the events sponsored for teens on Monday night at the Brandin' Iron. ANNOUNCEMENTS - MOMENT OF SILENCE (4) A moment of silence was observed for Emma Ballard, wife of the former Mayor Al Ballard. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: 1. The Police Department was recognized for their diligence in obtaining the Circle of Life Award presented by the Family Service Agency. The award was presented for their outstanding work in the area of domestic violence. 2. Kudos were extended to the Parks, Recreation and Community Services Department and the San Bernardino Stadium for their beautiful 4th of July displays of fireworks. 3. State legislature's recent actions were reviewed, and the Mayor noted that the actions made a positive impact to the city's fiscal year 199912000 budget. 4. The 1999 Route 66 Rendezvous t-shirt was displayed. Anyone interested in buying a t-shirt can do so at the Convention and Visitors Bureau located at 201 North "E" Street. CLOSED SESSION ANNOUNCMENT meeting - page 1) - (Discussed earlier in the (1) City Attorney Penman announced that the following additional case had been discussed in closed session: 5 7/6/1999 James L. Beckett & Francis O. Beckett. et al. vs. Santa Ana Watershed Proiect Authoritv and Does 1-10 Inclusive - San Bernardino Superior Court Case No. SCV 18510; Court of Appeal, Fourth District, Division II, Case No. E023554. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman noted the positive impact the soccer field has had on the community and acknowledged Council Member Miller for her work associated with such. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that a survey was distributed to all businesses within the city and urged the businesses to complete the survey and forward it to the city. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that she would be placing on the agenda of the Legislative Review Committee an item to allow the use of fireworks for New Year's Eve 1999. She also requested that staff develop a matrix to show the tonnage of rubbish by ward and to reflect the revenue generated by the soccer field. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES - (Discussed later in the meeting - page 7) (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the waiving of the full reading of the resolutions and ordinances. Mayor Valles read the statement concerning willful disruption of meetings to Jeff Wright. RECESS MEETING At 9:46 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 9:48 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis. Anderson, Miller; City Attorney 6 7/6/1999 Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Devlin. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES - (Discussed earlier in the meeting - page 6) (5) It was noted that the titles of the resolutions and ordinances are read into the record while the Mayor and Council are in closed session. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, San Bernardino Joint Powers Financing Authority, San Bernardino Park Acquisition Joint Powers Financing Authority and San Bernardino Associated Communities Financing Authority be waived. CLAIMS & PAYROLL (6) Mayor Valles read the statement concerning willful disruption of meetings to Shirley Goodwin. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 29, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated June 29, 1999, 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. SET LUNCHEON WORKSHOP - NOVEMBER 15, 1999 - 12:00 NOON - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM - PRESENTATION BY CHANCELLOR ORBACH - UNIVERSITY OF CALIFORNIA, RIVERSIDE (UCR) (8) Fred Wilson, City Administrator submitted a staff report dated June 22, 1999, concerning the setting of a luncheon workshop for November 15, 1999. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that a luncheon workshop be set for Monday, 7 7/6/1999 November 15, 1999, at 12:00 noon, in the Economic Development Agency Board Room to hear a presentation from University of California, Riverside Chancellor Raymond Orbach. ORD. MC-I049 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX. NARCOTICS AND GANG- RELATED CRIME EVICTION PROGRAM, CHAPTER 9.95 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED DRUG AND/OR GANG RELATED ACTIVITIES ARE OCCllRRING. Final (9) Council expressed concern regarding the possibility of an eviction based upon observation. The following individuals expressed support for the adoption of said ordinance: Cheryl Brown, 1565 N. Sepulveda, San Bernardino, CA. James Tate, President of the DMV Neighborhood Association, 1441 North "D" Street, San Bernardino, CA. Cathy Lee, 1476 N. Wall Avenue, San Bernardino, CA. Marie Asaro, 2077 Belle Street, San Bernardino, CA. Esker F. McConnell, 1775 E. 20th Street #2, San Bernardino, CA. Deputy City Attorney Coleman stated that the ordinance was designed to target multi-unit complexes and that action to be taken would not be based on observation. She also reviewed the steps associated with the process. City Attorney Penman reviewed the provisions of the ordinance, answered questions concerning the applicability of the ordinance and stated that observation alone would not constitute an eviction. Discussion ensued regarding what constitutes a preponderance of evidence and whether or not that includes an arrest. The following individuals expressed concern relative to the adoption of said ordinance: Shirley Goodwin, 3715 Camellia, San Bernardino, CA. Mary Irving, Executive Director of Fair Housing, 715 N. Arrowhead Avenue, San Bernardino, CA. City Attorney Penman reviewed the constitutional rights of individuals and the provisions of The Brown Act. 8 7/6/1999 Council Member Anderson made a motion. seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-1049 was adopted by the following vote: Ayes: Council Members Estrada, McGinnis, Anderson, Miller. Nays: Council Member Lien. Absent: Council Members Schnetz, Devlin. PUBLIC HEARING - ESTABLISH FEES FOR SERVICES (18) Rachel G. Clark, City Clerk, submitted a memorandum dated June 30, 1999, explaining the need for the continuance of the public hearing. Mayor Valles opened the hearing. A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE CITY OF SAN BERNARDINO. (18) Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to 10:00 a.m., Monday, July 12, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - AUTHORIZE SALE OF CITY PROPERTY - NORTH OF MILL STREET - EAST OF THE 1-215 FREEWAY - WEST OF "G" STREET - ALL PRO BROADCASTING, INC. (19) Michael E. Hays, Director of Development Services, submitted a staff report dated June 14, 1999, concerning the sale of city property. Mayor Valles opened the hearing. Mike Grubbs, Acting City Engineer, provided a synopsis of the action taken relative to the sale of city property located north of Mill Street, east of the I-215 Freeway and west of "G" Street to All Pro Broadcasting, Inc., and answered questions relative to such. Shirley Goodwin, 3715 Camellia, San Bernardino, CA, expressed concern regarding the appraised value of the property. 9 7/6/1999 RES. 1999-158 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SALE OF THAT CERTAIN REAL PROPERTY LOCATED NORTH OF MILL STREET, EAST OF THE I-215 FREEWAY AND WEST OF "G" STREET TO ALL PRO BROADCASTING, INC., AND AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED. (19) Council Member McGinnis made a motion. seconded by Council Member Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-158 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. RES. 1999-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (lOA) RES. 1999-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DR. JOSEPH MALANCHARUVIL TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (lOB) Shirley Goodwin, 3715 Camellia, San Bernardino, CA, expressed concern regarding the professional conduct of Joseph Malancharuvil. Council Member Anderson made a motion. seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 1999-159 and 1999-160 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. 10 7/6/1999 RES. 1999-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10302, LOCATED AT THE WEST SIDE OF PALM A VENUE, NORTH AND SOUTH OF PIEDMONT DRIVE , ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (11) Council Member McGinnis made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-161 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller Nays: None. Absent: Council Members Schnetz, Devlin. AUTHORIZE PROCEEDINGS FORM LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1025 - PALM A VENUE & W ASHINGTON AVENUE AREA - TRACT NO. 15743 (12) Michael E. Hays, Director of Development Services, submitted a staff report dated June 22, 1999, concerning the formation of an assessment district in the Palm Avenue and Washington Avenue area. Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code 12.90, with the establishment of a landscape maintenance assessment district in the Palm Avenue and Washington Avenue area, within Tract No. 15743, to be known as Assessment District No. 1025. RES. 1999-162 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROGERS, ANDERSON, MALODY & SCOTT FOR FINANCIAL AUDIT SERVICES FOR THE FISCAL YEAR ENDED JUNE 30, 1999. (13) City Administrator Wilson stated that bids for financial services for the city, Economic Development Agency and Water Department would be requested for the following year. 11 7/6/1999 Shirley Goodwin, 3715 Camellia, San Bernardino, CA, stated that bids should be requested prior to the issuance of the contract. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-162 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. RES. 1999-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO CITY FIRE DEPARTMENT. (14) Shirley Goodwin, 3715 Camellia, San Bernardino, CA, expressed opposition to the destruction of records. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-163 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. RES. 1999-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND LUNCH PROGRAM. (15) Shirley Goodwin, 3715 Camellia, San Bernardino, CA, expressed support for the adoption of said resolution. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-164 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Members Schnetz, Devlin. Council Council 12 7/6/1999 RES. 1999-165 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $13,912.50 FOR THE FISCAL YEAR 1999/2000. (16) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-165 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. APPROVE - PROPOSED CHARTER AMENDMENT - OPTIONS FOR MUNICIPAL ELECTION DATES (17) Council Member Estrada submitted a staff report dated June 29, 1999, concerning the proposed Charter amendment to provide options for municipal election dates. City Attorney Penman provided a synopsis of the action taken relative to the proposed Charter amendment. Council Member Lien made a motion, seconded by Council Member Miller, and unanimously carried, that the City Attorney be directed to prepare for the July 19, 1999, Mayor and Common Council meeting a proposed Charter amendment to be placed on the November 2, 1999, ballot as set forth in the proposed Charter amendment language contained in the staff report from Council Member Estrada dated June 29, 1999; and that the City Clerk be directed to transmit a copy of the proposed Charter amendment to the City Attorney for his preparation of an impartial analysis of the measure. RECESS MEETING At 11:00 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 11: 12 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Anderson, Miller; Deputy City 13 7/6/1999 Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Devlin. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 41 LIQUOR LICENSE - TOPP'S RESTAURANT & LOUNGE - 668 FAIRWAY DRIVE (27) Michael E. Hays, Director of Development Services, submitted a staff report dated June 24, 1999, concerning the issuance of a Type 41 Liquor License for Topp's Restaurant and Lounge located at 668 Fairway Drive. Valerie Ross, Principal Planner, provided a synopsis of the action taken for the issuance of a Type 41 Liquor License for Topp's Restaurant and Lounge. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served; and that the Development Services Department be directed to send a letter to the Department of Alcoholic Beverage Control for a Type 41 (on-sale beer and wine and eating place) Liquor License for Topp's Restaurant and Lounge located at 668 Fairway Drive subject to the Planning Division and Police Department's conditions of approval. APPEAL HEARING - LOSS OF NON-CONFORMING STATUS - TWO 2-UNIT MULTI-FAMILY RESIDENTIAL PROPERTIES - 1091, 1091 '/2, 1097 W. 7TH STREET & 693 NORTH "L" STREET - RS, RESIDENTIAL SUBURBAN, LAND USE DISTRICT (28) Michael E. Hays, Director of Development Services, submitted a staff report dated June 22, 1999, concerning an appeal filed by Izhak Kofman. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, provided a synopsis of the action taken relative to the properties located at 1091, 1091 1/2, 1097 W. 7th Street and 693 North "L" Street. Izhak Kofman, 5571 Thistle Street, San Bernardino, CA, expressed concern that proper disclosure had not been given when he purchased the properties. A discussion was held concerning due diligence and whether or not properties which lose their non-conforming status can be identified. Deputy City Attorney Empeno reviewed the options available to the property owner. 14 7/6/1999 Principal Planner Ross reviewed the steps taken to amend the Development Code and explained the provisions applicable to the properties. Bob Watson, Realtor, explained the process used to ascertain the legal status of the properties. Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Mayor and Common Council deny the appeal; and that the matter relative to notification of property status be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: Council Member McGinnis. Absent: Council Members Schnetz, Devlin. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:39 a.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. RES. 1999-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SEPARATELY APPROVING (1) THE TRANSFER OF CABLE TELEVISION FRANCHISE TO CENTURY-TCI CALIFORNIA, L.P., AND (2) THE CHANGE IN CONTROL OF THE MANAGING PARTNER OF CENTURY-TCI CALIFORNIA, L.P., AND TRANSFER TO ADELPHIA COMMUNICATIONS CORP. (22) Frank Keller, Cable Television Manager, reviewed the steps taken to effectuate the transfer of the cable franchise. Joshua Beckley, 1314 E. Date Street, San Bernardino, CA, inquired about the affect on Channel 3. Cable Television Manager Keller stated that the transfer would have no affect on Channel 3. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-166 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Members Schnetz, Devlin. Council Council 15 7/6/1999 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT WITH AMERICAN MEDICAL RESPONSE TO ENTER INTO A 180-DAY PILOT PROGRAM WITH THE FIRE DEPARTMENT TO ASSESS AN IMPROVED PARAMEDIC FIRST RESPONDER PROGRAM. (Continued from .June 21,1999) (25) Note: The resolution was not distributed in the backup material and will not be available for reference. Fire Chief Pitzer provided a synopsis of the action taken to assess an improved paramedic first responder program. City Attorney Penman stated that his office has not reviewed the exhibits and recommended that the matter be continued for two weeks. Council Member Miller made a motion, seconded by Council Member Anderson; and unanimously carried, that the matter be continued to the Mayor and Common Council and Community Development Commission meeting of July 19, 1999. RES. 1999-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1999-2000 AND ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1999-2000 FOR SAID CITY IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE I OF THE CALIFORNIA GOVERNMENT CODE AND REPEALING RESOLUTION 98-206. (Discussed later in the meeting - page 17) (20) City Administrator Wilson reviewed the steps taken to establish the fiscal year 1999/2000 budget. Council expressed concern regarding the vacancy factor imposed on the Police Department. Council Member Miller made a motion that the vacancy factor established for the Police Department be set at 20 percent. The motion failed for lack of a second. The following individuals expressed concern regarding the budget established for the Telecommunications Division: Pastor Ray Turner, 3193 N. Mayfield, San Bernardino, CA. Pastor Joshua Beckley, 1314 E. Date Street, San Bernardino, CA. 16 7/6/1999 Shirley Goodwin, 3715 Camellia, San Bernardino, CA. City Administrator Wilson stated that the services provided to the churches would not be affected since the focus of the Telecommunications Division would be on contract services. It was the consensus of the Mayor and Council that the matter be discussed later in the meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPEALING VARIOUS SECTIONS OF CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. First (24) City Attorney Penman recommended that the matter be continued to July 19, 1999, to allow his office to investigate concerns relative to litigation. COUNCIL MEMBER ESTRADA EXCUSED At 12:21 p.m., Council Member Estrada declared a conflict of interest and left the council meeting. Gary L. McGavin, AlA, California Seismic Safety Commission, 447 La Verne Street, Redlands, CA, stated that San Bernardino has a significant earthquake hazard and expressed concern regarding the unreinforced masonry buildings within the city. He urged the Mayor and Council to retain the current policy or consider a time extension. Shirley Goodwin, 3715 Camellia, San Bernardino, CA, expressed concern regarding the caliber of staff being utilized for the inspection of unreinforced masonry buildings. Jim Davis, Davis Camera Shop, expressed concern regarding the time constraints for rehabilitation of unreinforced buildings. Council Member Anderson made a motion. seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Common Council and Community Development Commission meeting of July 19, 1999. RECESS MEETING At 12:29 p.m., Mayor Valles recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall. 17 7/6/1999 RECONVENE MEETING At 2:05 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Estrada, Schnetz, Devlin. RES. 1999-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1999-2000 AND ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1999-2000 FOR SAID CITY IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE ] OF THE CALIFORNIA GOVERNMENT CODE AND REPEALING RESOLUTION 98-206. (Discussed earlier in the meeting - page 16) (20) City Administrator Wilson stated that the vacancy factor for the Police Department equates to 23 vacant police officer positions. Barbara Pachon, Director of Finance, answered questions regarding the Police Department's vacancy factor. COUNCIL MEMBER ESTRADA RETURNED At 2:08 p.m., Council Member Estrada returned to the council meeting and took her place at the council table. A discussion was held concerning the number of police officers being funded by state grants and the costs associated with such. Council Member McGinnis made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-167 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. INITIATE PROCEEDINGS - GENERAL PLAN AMENDMENT - RE- EXAMINE LAND USE DESIGNATIONS FOR PARCELS VICTORIA, "F" & "G" STREETS - BETWEEN 6TH & 7TH STREETS (21) 18 7/6/1999 Michael E. Hays, Director of Development Services, submitted a staff report dated July 1, 1999, concerning a proposed General Plan Amendment to re-examine the land use designation for parcels along Victoria, "F" and "G" Streets between 6th and 7th Streets. Valerie Ross, Principal Planner, explained the need for the proposed amendment. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council initiate a General Plan Amendment to re-examine the land use designation for the parcels along Victoria, "F" and "G" Streets between 6th and 7th Streets. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2086 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A LEFT TURN IS PROHIBITED..." AND PROVIDING THAT LEFT TURNS ARE PROHIBITED AT THE INTERSECTION OF TIPPECANOE A VENUE AND ROSEWOOD DRIVE. (Continued from May 17, 1999) (23) Council Member Anderson made a motion, seconded by Council Member Lien, and unanimously carried, that the matter be continued to the Mayor and Common Council and Community Development Commission meeting of August 2, 1999, for completion of the environmental review. RES. 1999-168 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT WITH SAN BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO CITY LIMITS. (Continued from .June 23, 1999) (26) Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 1999-168 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Members Schnetz, Devlin. Council Council CITY ADMINISTRATOR WILSON EXCUSED At 2:39 p.m., City Administrator Wilson left the council meeting replaced by Economic Development Agency Executive Director Van Osdel. and was 19 7/6/1999 CITY ATTORNEY PENMAN EXCUSED At 2:39 p.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:39 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communites Financing Authority and Mayor and Common Council. PUBLIC HEARING RE-PROGRAM DEVELOPMENT BLOCK GRANT (CDBG) FUNDS COMMUNITY (R29) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated July 6, 1999, concerning the re-programming of Community Development Block Grant (CDBG) funds. Mayor Valles opened the hearing. No public comments were rendered. Housing and Community Development Director Pacheco provided a synopsis of the action taken to re-program CDBG grant funds and answered questions relative to such. RES. 1999-169 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING (1) THE RE- PROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $1,185,420 (2) AMENDMENTS TO THE CITY'S CONSOLIDATED ANNUAL ACTION PLAN (1997-2000) FOR THE PURPOSES CONTAINED IN THIS STAFF REPORT AND (3) EXECUTION OF THE STANDARD CDBG AGREEMENT WITH LOS PADRINOS AND AMENDMENTS TO THE EASTER SEAL AND GENTS AGREEMENTS BY THE MAYOR, AS PREPARED AND APPROVED BY THE CITY ATTORNEY. (R29) 20 7/6/1999 Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-169 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. TEFRA HEARING - AUTHORIZE SAN BERNARDINO COUNTY HOUSING AUTHORITY - ISSUE BONDS - SAN BERNARDINO MOBILEHOME PARK CORPORATION (R30) Gary Van Osdel, Executive Director, Economic Development Agency, submitted a staff report dated June 17, 1999, concerning the issuance of bonds for the San Bernardino Mobilehome Park Corporation. Mayor Valles opened the hearing. No public comments were rendered. Executive Director Van Osdel explained why the TEFRA hearing was necessary. Economic Development Agency Special Counsel Sabo answered questions regarding the bond issuance and the savings associated with such. RES. 1999-170 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO MULTIFAMILY REVENUE BONDS (MOBILE HOME PARK PROJECTS) SERIES 1999. (RJO) Council Member McGinnis made a motion. seconded by Council Member Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-170 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. 21 7/6/1999 RES. CDC/1999-23 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH ROGERS, ANDERSON, MALODY & SCOTT, LLP, FOR FINANCIAL AUDIT SERVICES FOR THE FISCAL YEAR ENDED JUNE 30,1999, AND AUTHORIZING EXECUTION THEREOF. (R31) COUNCIL MEMBER MILLER EXCUSED At 2:46 p.m., Council Member Miller left the council meeting to avoid the appearance of a conflict of interest. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/1999-23 was adopted by the following vote: Council Members Estrada, Lien, McGinnis, Anderson. Nays: None. Council Members Schnetz, Devlin, Miller. Ayes: Absent: COUNCIL MEMBER MILLER RETURNED At 2:47 p.m. Council Member Miller returned to the council meeting and took her place at the council table. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE A REDEVELOPMENT COOPERATION AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATING TO TRANSFER OR DELEGATION OF REDEVELOPMENT AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R32) James Mulvihill, 407 W. 25th Street, San Bernardino, CA, expressed concern that the city would absorb the costs for redevelopment. Executive Director Van Osdel stated that the developer would have to absorb all costs associated with any potential project. Senior Assistant City Attorney Carlyle explained that the city would receive tax revenue derived from any potential project. 22 7/6/1999 Council Member Estrada made a motion, seconded by Council Member McGinnis, and unanimously carried, that the matter be continued to July 12, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 1999-171 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE ALLOCATION OF EMERGENCY SHELTER GRANT (ESG) FUNDS TO MARY'S MERCY CENTER, INC., OPTION HOUSE, INC., SALVATION ARMY AND FRAZEE COMMUNITY CENTER (THE "SUBRECIPIENTS") AND EXECUTION OF THE STANDARD ESG AGREEMENT BY THE MAYOR, WITH EACH SUBRECIPIENT, AS PREPARED AND APPROVED BY THE CITY ATTORNEY. (R33) Executive Director Van Osdel reviewed the bid process and the results of such. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-171 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. RES. 1999-172 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BY AND BETWEEN THE CITY AND AMERICAN LODGING TO PROVIDE ADDITIONAL HOME GRANT FUNDS TO COMPLETE THE REHABILITATION AND RESALE OF CERTAIN MOBILE HOME 'UNITS (1998-1999 HOME CHDO FUNDS). (R34) Director of Housing and Community Development Pacheco gave a report on the Mobile Home Park Rehabilitation and Acquisition Program. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-172 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council Members Schnetz, Devlin. SPECIAL COUNSEL SABO EXCUSED At 2:57 p.m., Special Council Sabo left the council meeting. 23 7/6/1999 EXECUTIVE DIRECTOR V AN OSDEL EXCUSED At 2:57 p.m., Executive Director Van Osdel left the council meeting and was replaced by City Administrator Wilson. PUBLIC COMMENTS - SHIRLEY GOODWIN (35) Shirley Goodwin, 3715 Camellia, San Bernardino, CA, stated that her video tape had been illegally seized. PUBLIC COMMENTS - ROBERT NEVES (35) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, requested that the agenda be posted on the city's web site 72 hours prior to the meeting. City Clerk Clark stated that the agenda is posted 72 hours prior to the meeting in front of City Hall and at the Feldheym Library. ADJOURNMENT (36) At 3:03 p.m. the joint regular meeting adjourned to 10:00 a.m., Monday, July 12, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BY~CV~ ~~ uzanna Cordova Deputy City Clerk No. of Items: 36 No. of Hours: 5 24 7/6/1999