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HomeMy WebLinkAbout01-12-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 12, 1998 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 Pro Tem Miller at 8:02 a.m., Monday, January 12, 1998, 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 Pro Tem Miller; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Member Arias. City Attorney Penman announced that the following additional case would be discussed in closed session: Kenneth J. Henderson & David R. Edqar vs. Economic Development Aqency of the City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 38695. RECESS MEETING - CLOSED meeting - pages 3 & 4) At 8:02 a.m., the Mayor and Development Commission recessed following: SESSION (Discussed later in the (1) Common Council and Community to closed session for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Guardian Bank vs. Penman, et al. - United States District Court Case No 92-4415; Guardian Bank vs. Penman, et al. Superior Court Case No. 272631. San Bernardino B. Conference with legal counsel significant exposure to subdivision (b) of Governmen~ - anticipated litigation - litigation pursuant to Code Section 54956.9. 1 1/12/1998 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 5495~. CLOSED SESSION At 8:02 a.m., Mayor Pro Tern Miller 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 Pro Tern Miller; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Ci ty Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Empeno, and Administrative Operations Supervisor Anderson, City Attorney's Office; and Attorney Joe Arias of MacLachlan, Burford and Arias, 560 East Hospitality Lane, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the reguJar agenda of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor a~d Council and Community Development Commission were in closed session. COUNCIL MEMBER ARIAS ARRIVED At 8:10 a.m., Council Member Arias arrived at the closed session. CITY ATTORNEY PENMAN & ATTORNEY ARIAS EXCUSED At 8:16 a.m, City Attorney Penman and Attorney Arias left the closed session. CITY ATTORNEY PENMAN RETURNED At 8:18 a.m., City Attorney Penman returned to closed session. ADJOURN CLOSED SESSION At 8: 35 a. m., the closed session adj ourned to the Council Chambers of City Hall. 2 1/12/1998 RECONVENE MEETING At 8: 36 a. m., Mayor Pro Tern Mi ller reconvened the joint regular meeting of the Mayor and Corrmon 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 Pro Tern Miller; Council Members Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, Ci ty Administrator Wilson. Absent: Council Members Negrete, Curlin, Arias. CLOSED SESSION ANNOUNCEMENT (Discussed earlier and later in 4) CITY ATTORNEY PENMAN the meeting - pages 1 & (1) City Attorney Penman announced that the following action had been taken in closed session relative to the two cases involving Guardian Bank vs. Penman, et al. - United States District Court Case No. 92-4415 and San Bernardino Superior Court Case No. 272631: Council Member Anderson made a motion, seconded by Council Member Negrete, that the Council approve a $25,000 settlement to be paid by the City of San Bernardino and $50,000 to be paid by the insurance company on behalf of the City. The motion carried by the following vote: Ayes: Members Negrete, Devlin, Anderson, Miller. Nays: Council Curlin, Oberhelman. Abstain: Council Member Arias. Council Members RECESS MEETING At 8:38 a,m., Mayor Pro Tern Miller recessed the meeting to 9:00 a.m, in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Pro Tern Miller reconvened regular meeting of the Mayor and Common Council and Development Commission of the City of San Bernardino. the joint Community ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: None. 3 1/12/1998 ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mayor Pro Tern Miller wished Mayor Minor a speedy recovery from his recent surgery and expressed sadness over the recent death of former Councilman Ralph Hernandez. She asked the Council and those present to join her in a moment of silent prayer on behalf of the family and announced the services being held for Mr. Hernandez. INVOCATION The invocation was given by Pastor Alvin L. Smith of St. Paul A.M.E. Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. CLOSED SESSION ANNOUNCEMENT CITY ATTORNEY (Discussed earlier in the meeting - see pages 1 PENMAN & 3) (1) City Attorney Penman reiterated his announcement relative to the Guardian Bank cases. APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATION TO CITY - CERTIFICATE OF APPRECIATION - BOYS & GIRLS CLUB OF SAN BERNARDINO (3) Gary Ellison, Kevin Smith and Monica Foreman of the Boys and Girls Club presented a plaque of appreciation to the City for coming to their aid this past summer when they were experiencing difficulties and thanked the Mayor and Council for the commitment they have made to the children of the community. Mr. Smith also thanked Council Member Anderson for he,' support and presented her with a certificate of appreciation. Council Member Anderson accepted her certificate and the plaque on behalf of the City. CITY ATTORNEY'S OFFICE ATTORNEY COLEMAN TIGER AWARD DEPUTY CITY (3) City Attorney Penman presented the City Attorney's Office "Tiger Award" to Deputy City Attorney Coleman for her significant accomplishment in obtaining a summary judgment in the case of Williams vs. the City of San Bernardino, pointing out that such a judgment in essence gets rid of a case long before it goes to trial. He also noted that Ms. Coleman had recently obtained an injunction against the Seventh Street Gang, prohibiting them from associating together. 4 1/12/1998 Deputy City Attorney Coleman accepted complimented the Police Department Gang Unit for efforts in helping to obtain the injunction. her award and their outstanding ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed his sadness over the death of former Councilman Ralph Hernandez, stating that he would certainly be missed. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias conveyed condolences to the family of Ralph Hernandez and thanked them for sharing their husband/father with the community. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman wished Mayor Minor a speedy and complete recovery. ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mayor Pro Tern Miller stated tl:at she had attended the dedication of the new soccer complex-"a 45-acre complex with 17 fields, four of which are lighted. Six area teams were in attendance, as well as a number of California Youth Soccer Association (CYSA) executives from the east, who stated that this is one of the finest playing fields in the country. She noted that the Celtic Cup match would be held the following weekend. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark extended her sympathies to the family of Ralph Hernandez and residents of the Third Ward. She announced that the runoff election for mayor, as well the vote on ballot Measure W would be held February 3, 1998. Ms. Clark noted that early voting could be done at the Registrar of Voters Office, 777 East Rialto Avenue, now through election day from 8:00 a.m. to 5:00 p.m., as well as on Saturday, January 31, from 9:00 a.m. to 3:00 p.m. Also, application for absentee ballots can be made up until 5:00 p.m. on Tuesday, January 27. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman provided a brief explanation of Measure W, the Transient Lodging Tax. 5 1/12/1998 PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, distributed a copy of page 8 from the New Yorker Magazine dated December 8, 1997 regarding handicap access to the Getty Center and discussed the handicap accessibility problems existing in San Bernardino. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, spoke on several issues which have recently been in the news or have been addressed by the Mayor and Council during the past several months including Measure S and the City-operated ambulance service. PUBLIC COMMENTS - ESTHER ESTRADA (5) Esther Estrada, 531 Tia Juana, San Bernardino, CA, announced an informal debate between mayoral runoff candidates Timothy Prince and Judith Valles to be held this eveni~g at 7:00 p.m. at Our Lady of Guadalupe Church, 1430 West Fifth Street. PUBLIC COMMENTS - DR. FREDERICK CURLIN (5) Dr. Curlin spoke in rebuttal to comments made by Mr. Lopez, stating he had never received anything from American Medical Response (AMR) , and although he has no personal attack to make on City Attorney Penman he does take exception to the charter which dictates an elected city attorney, as he believes the position should be an appointed position. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman 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 be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: October 6, 1997; November 3, 1997; November 6, 1997; November 17, 1997; December 1, 1997. 6 1/12/1998 CLAIMS & PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 7, 1998, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 18, 1997, 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. RES. 98-1 - RESOLUTION OF THE C=TY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN A3REEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR A ONE YEAR PERIOD. (11) RES. 98-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICE DEPARTMENT'S REVISED PURSUIT POLICY, STANDARD OPERATING PROCEDURE CHAPTER #36, PROCEDURE #3 IN ACCORDANCE WITH CVC 17004.7, PUBLIC AGENCY IMMUNITY. (12) RES. 98-3 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM (AB 1220, EASTIN) FOR THE FOLLOWING PROJECT: DEVELOP A "HOME-GENERATED SHARPS WASTE DISPOSAL PROGRAM" FOR PROPER AND SAFE DISPOSAL OF HOUSEHOLD GENERATED SHARPS. (13) ORD. MC-1012 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32, SECTION 13.32.275 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATING TO ANNUAL PUBLIC NOTICE OF SIGNIFICANT NONCOMPLIANCE. Final (18) ORD. MC-1013 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON ARDEN AVENUE BETWEEN PACIFIC STREET AND HIGHLAND AVENUE. (Discussed later in the meeting - page 9) Final (19) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions and ordinances be adopted. 7 1/12/1998 Resolution Nos. 98-1, 98-2, 98-3 and Ordinance Nos. MC-1012 and MC-1013 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. First (10) City Attorney Penman explained that said ordinance was Item No. S2 on the December 15 Council agenda; however, a corrected ordinance was distributed and the title was not read into the record. Therefore, this would be a first reading today with the correct title. Council Member Oberhelman made a notion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RES. 98-4 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF ONE (1) 1998 CHEVROLET ONE-TON CAB AND CHASSIS TO BE UTILIZED BY THE ANIMAL CONTROL DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (14) RES. 98-5 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF THREE (3) 1998 CHEVROLET S-10 MINI PICK-UP TRUCKS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (15) RES. 98-6 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF TWO (2) 1998 CHEVROLET LUMINA SEDANS TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (16) RES. 98-7 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RAMSEY STREET FORD FOR FURNISHING AND DELIVERY OF FIVE (5) 1998 FORD F250 3/4 TON PICK-UPS WITH SERVICE BODY TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (17) 8 1/12/1998 Council Member Devlin made a mo:::ion, seconded by Council Member Oberhelman, that said resolutior:s be adopted. Resolution Nos. 98-4, 98-5, 98-6, and 98-7 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-1013 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON ARDEN AVENUE BETWEEN PACIFIC STREET AND HIGHLAND AVENUE. (Discussed earlier in the meeting - page 7) Final (19) Council Member Arias made a motion, seconded by Council Member Anderson, and unanimously carried, that the action taken by the Council to adopt Ordinance No. MC-1013 be reconsidered. Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, expressed opposition to a 40 mile-per-hour speed limit at this location, stating that the change in the speed limit should be consistent with the 35 mile-per-hour limit posted further north on Arden Avenue. Mike Hays, Acting Director of Public Works/City Engineer, stated that a traffic study had been cOGducted at this location and the 85th percentile was found to be 43-44 miles per hour; therefore, the recommendation of 40 miles per hour was appropriate. Council Member Devlin made a mo:::ion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-1013 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE - CHANGE ORDER NO. ONE - EXTEND ORANGE SHOW ROAD, ARROWHEAD AVENUE TO TIPPECANOE AVENUE - MCM CONSTRUCTION, INC. - PLAN NO. 9142 (22) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 4, 1997, regarding Change Order No. One to the contract with MCM :onstruction, Inc., for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. 9 1/12/1998 Council Member Negrete made a motion, seconded by Council Member Devlin, and unanimously carried, that Change Order No. One to the contract with MCM Construction, Inc., for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, in accordance with Plan No. 9142, be approved; to authorize the removal and replacement of unsuitable material at the south end of the Santa Ana bridge abutment and roadway approach, on a time and material basis, at a total estimated cost of $7,036.25, for an increase in the contract price from $9,133,734 to $9,140,770.25. RES. 98-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISER'S DETERMINATION OF FAIR MARKET VALUE FOR THE ACQUISITION OF SLOPE EASEMENTS FROM CERTAIN PARCELS OF LAND LOCATED ON THE EAST SIDE OF KENDALL DRIVE, SOUTH OF ARROWHEAD AVENUE, CERTIFYING THE WORK OF THE APPRAISER AND AUTHORIZING PAYMENT FOR ACQUISITION OF SAID EASEMENTS. (23) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-8 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 98-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SECOND ADDENDUM TO AGREEMENT FOR PROFESSIONAL SERVICES WITH THE CITY ASSOCIATES, INC., AND FUNDING TRANSFER. (24) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the Mayor and Common Council of the City of San Bernardino authorize the Director of Finance to transfer $36,000 from Code Compliance Salaries to the Code Compliance Profess~onal/Contractual budget to fund the cost of the second addendum to the City's agreement for professional services with The City Associates, Inc., for interim management of the Code Compliance Division. The motion carried, and Resolution No. 98-9 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 98-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY FOR INSTALLING DISABLED ACCESS CURB RAMPS IN STREET REHABILITATION PROJECTS, AMENDING THE CITY'S AMERICANS WITH DISABILITIES ACT TRANSITION PLAN TO INCLUDE A SCHEDULE FOR PROVIDING CURB RAMPS AND AMENDING RESOLUTION NO. 92-292. (25) 10 1/12/1998 Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated that he had previously inquired as to the total number of curb ramps which need to be established throughout the city, but was dismissed as being rhetorical. He expressed disagreement with Exhibit A of the staff report wherein slurry seal was not considered maj or street rehabili tatio:l and therefore would not trigger the installation of curb ramps, stating that this was covered in the Department of Justice guidelines. Mr. Neves also pointed out that if an intersection is established that has four paths of travel, this necessitates e.cght curb ramps to enable people to cross the street. City Attorney Penman stated that the City has complied for some time in providing access in accordance with state law, and is adopting for the first time today a pollcy for installing 300 curb ramps every year until the project is completed. Deputy City Attorney Empeno stated that staff believed the proposed resolution was consistent with Federal law and the guidelines of the State Department of Justice. He stated that slurry seal is not considered major street rehabilitation and both the Public Works Director and EEO Officer had reviewed the proposed policy and were supportive of same. Council Member Curlin expressed the idea that although the City is moving as directed by the courts, there may be inadequate dialogue with the citizens who are concerned with this issue to give them the assurance they need that their concerns are valid and being addressed. Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-10 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Curlin. Absent: None. ORD. MC-1014 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2.17.010, 2.17.020, 2.30.010, 2.39.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE GENERAL PROVISIONS REGARDING BOARDS, BUREAUS, AND COMMISSIONS SET FORTH IN CHAPTER 2.17. (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. (Note: There was no vote taken.) Council Member Curlin suggested that the item the afternoon, since he knew there were people address the Council on this matter. be continued to who wanted to 11 1/12/1998 Council Member Curlin made a mo:::ion, seconded by Council Member Negrete, that the matter be continued to the afternoon. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin. Nays: Council Members Arias, Oberhelman, Devlin, Anderson, Miller. Absent: NOIle. Council Member Curlin read a letter dated January 12, 1998, submitted by Dr. Elsa Valdez, President, Mexican American Political Association, urging rejection of the proposed changes to the ordinance governing tenure of Human Relations commissioners. Council Member Devlin made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-1014 was adopted by the following vote: Ayes: Council Members Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Members Negrete, Curlin. Absent: None. PUBLIC HEARING - AUTHORIZE SIDE OF WALKINSHAW STREET, STATE OF CALIFORNIA SALE OF CITY PROPERTY - WEST NORTH OF VALLEY STREET - TO (20) Roger Hardgrave, Director submitted a Staff Report dated sale of City property located Street, north of Valley Street, of Public Works/City Engineer, December 17, 1997, regarding the on the west side of Walkinshaw to the State of California. Mayor Pro Tern Miller opened the hearing. Mike Hays, Acting Director of Public Works/City Engineer, provided an overview of previous actions taken on this matter. He noted that no comments were received except from the Water Department, who indicated they had two hydrants in the area. He advised that the State had agreed to relocate the hydrants at no cost to the City. RES. 98-11 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SALE OF THAT CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WALKINSHAW STREET, NORTH OF VALLEY STREET TO THE STATE OF CALIFORNIA AND AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED AND RIGHT OF WAY CONTRACT. (20) Council Member Anderson made a motion, Member Devlin, that the hearing be closed; and be adopted. seconded by Council that said resolution The motion carried, and Resolution No. 98-11 the following vote: Ayes: Council Meml::ers Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. 12 1/12/1998 PUBLIC HEARING - IMPOSE LIENS ON PROPERTY WITHIN CITY OF SAN BERNARDINO - UNCOLLECTED TRANSIENT OCCUPANCY TAX FEES (21) Rachel Clark, City Clerk, submitted a Staff Report dated December 2, 1997, relative to imposing liens on certain property located within the city of San Bernardino for uncollected transient occupancy tax fees. City Clerk Clark informed the Council that the amount owed had been paid this morning by cashier's check. Council Member Devlin made a Member Anderson, and unanimously tabled. mo:.ionl carried I seconded that the by Council matter be RES. 98-12 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 96-347 (RESOLUTION FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM LOCATED INSIDE THE INCORPORATED TERRITORY OF THE CITY) . (27) Council Member Oberhelman made a notion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-12 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RECESS MEETING At 10:06 a.m., Mayor Pro Tern Miller recessed the meeting to 11:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11:01 a.m., Mayor Pro Tem Miller 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 Pro Tem Miller; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Director of Planning and Building Services Hays. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 97-04 - ALLOW CHANGEABLE COpy SIGNS FOR CHURCHES & SCHOOLS CITY- WIDE - VARIANCE NO. 97-12 - MONUMENT SIGN AT 1575 W. 17TH STREET - QUIEL BROS./NEW HOPE MISSIONARY BAPTIST CHURCH (28) 13 1/12/1998 Mike Hays, Director submitted a Staff Report Development Code Amendment of Planning and Building Services, dated December 11, 1997, regarding No. 97-04 and Variance No. 97-12. Mayor Pro Tern Miller opened the hearing. Director Hays explained that currently changeable copy signs are allowed for institutional uses I churches, schools) within residential areas only, with a maximum size of 15 square feet. The proposed development code amendment would allow their use city-wide and increase the size of permitted signs to 24 square feet. He stated that additionally, the church was requesting a variance to increase their sign size to 32 square feet. Discussion ensued regarding the pros and cons of taking such action, with the Council expressing concern that approval of this variance might set a precedent. Staff pointed out that requests of this nature must be reviewed and considered on a case-by-case basis; and that in this particular case there are large signs s'.lrrounding the location and they could see no negative consequences to approving said request. Maurice Black, Pastor of the New Hope Missionary Baptist Church, stated that the church had done extensive remodeling and, in fact, the proposed sign was smaller than the one previously in use. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING INSTITUTIONAL SIGN STANDARDS. First (28) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; that said ordinance be laid over for final adoption; and that Variance No. 97-12 be approved, based on the findings of fact and subject to the conditions of approval. RECESS MEETING At 11:18 a.m., Mayor Pro Tern Miller recessed the meeting to 2:00 p.m. in the Council Chambers of C:ty Hall. RECONVENE MEETING At 2:01 p.m., Mayor Pro Tern Miller reconvened regular meeting of the Mayor and Corr.mon Council and Development Commission of the City of San Bernardino. the joint Community 14 1/12/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Developnent Agency Administrator Steinhaus. Absent: Council Member Curlin. 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 2:01 p.m., Vice Chairman Miller called 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 Communities Financing Authority and Mayor and Common Council to order. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. COUNCIL MEMBER CURLIN RETURNED At 2:04 p.m., Council Member CurlLn meeting and took his place at the council returned to the Council table. WAIVE FULL READING OF RESOLUTIONS (R2) Council Member Oberhelman made a n,otion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. RES. 98-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TERRA-CAL CONSTRUCTION, INC., FOR INSTALLATION OF STREETSCAPING ON BASE LINE STREET, BETWEEN "D" STREET AND WATERMAN AVENUE. (R3) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 98-13 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 15 1/12/1998 APPROVE RECOMMENDATIONS MID-YEAR REALLOCATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - SECOND AMENDMENT - THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R4) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated December 11, 1997, regarding the mid-year reallocation of Community Development Block Grant (CDBG) funds for fiscal year 1997/1998. RES. 98-14 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDED CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAM FOR FISCAL YEAR 1997-1998. (R4B) RES. 98-15 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S SECOND AMENDMENT TO THE CONSOLIDATED PLAN FOR FISCAL YEAR 1997-1998. (R4C) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council approve and adopt staff's and the Community Development Citizens Advisory Committee's recommendations for mid-year 1997-1998 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the Second Amendment of the Third Year Action Plan component of the Consolidated Plan to the U.S. Department of Housing and Urban Development, if required; and that said resolutions be adopted. The motion carried, and Resolution Nos. 98-14 and 98-15 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. (Note: At this time, the Council became aware that someone wished to speak on this item.) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council reconsider their previous action to approve and adopt staff's and the Community Development Ci:::izens Advisory Committee's recommendations for mid-year 1997-1998 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the Second Amendment of the Third Year Action Plan component of the Consolidated Plan to the U.S. Department of Housing and Urban Development, if required; and that said resolutions be adopted. 16 1/12/1998 Manny Delatorre, representing The Gents Organization, provided an update on the improvements that have already been accomplished on their building. Council Member Negrete made a motion, seconded by Council Member Devlin, that the Mayor and Common Council approve and adopt staff's and the Community Development Citizens Advisory Committee's recommendations for mid-year 1997-1998 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the Second Amendment of the Third Year Action Plan component of the Consolidated Plan to the U.S. Department of Housing and Urban Develop~ent, if required; and that said resolutions be adopted. The motion carried, and Resolution Nos. 98-14 and 98-15 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. (Note: As the Community Development Commission was considering Agenda Item No.5, Susan Lien, Chairperson of the Community Development Citizens Advisory Committee (CDCAC) , approached the podium to speak, believing it was the item relative to reallocation of the Community Development Block Grant Funds. It was the consensus of the Council to reconsider Item No. R4 in order to allow Mrs. Lien to speak.) APPROVE RECOMMENDATIONS MID-YEAR REALLOCATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - SECOND AMENDMENT - THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R4) RES. 98-14 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDED CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAM FOR FISCAL YEAR 1997-1998. (R4B) RES. 98-15 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S SECOND AMENDMENT TO THE CONSOLIDATED PLAN FOR FISCAL YEAR 1997-1998. (R4C) 17 1/12/1998 Council Member Curlin made a motion, seconded by Council Member Negrete, that the Mayor and Common Council reconsider their previous action to approve and adopt staff's and the Community Development Citizens Advisory Committee's (CDCAC) recommendations for mid-year 1997-1998 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the Second Amendment of the Third Year Action Plan component of the Consolidated Plan to the U. S. Department of Housing and Urban Development, if required; and that said resolutions be adopted. The motion carried by the followlng vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Nays: Council Member Arias. Absent: None. Council Miller. Norma Owens, Housing Development Specialist I I I, Economic Development Agency, reviewed the four attachments to the Staff Report relative to the reallocation of funds. She noted that Attachment IV first depicted the CDCAC recommendation that $272,738.40 be allocated to the City Administrator's Code Enforcement Program. Then just below t:le CDCAC recommendation was the modified reallocation recommendatio~ of staff wherein the City Administrator Code Enforcement Program was allocated $41,800; City Fire/Fire Engine Leases was allocated $100,938; and City Fire/Equipment Purchase/Refurbish was allocated $130,000.40 for a total of $272,738.40. Susan Lien, Chairperson of the Community Development Citizens Advisory Committee (speaking for herself and not the committee) expressed opposition to taking money from Code Enforcement and giving it to the Fire Department. Mayor Pro Tern Miller pointed out that although the Council considers the recommendations of the advisory committees, ultimately the Council must make the fir.al decision, which is based on a City-wide "picture" rather than just one facet of the City's operations. Council Member Negrete stated that when the meeting was held to discuss the various allocations, representatives from the City Administrator's Office, City Attorney's Office, and Fire Department were all present. Dr. Mildred Henry, President, Provisional Accelerated Learning (PAL) Center, stated that the center's landlord had notified them that their facility is on the market for sale. She had approached the County to see if they would purchase the property and had been informed that since the property is in the City, the City would have to match the County's funding. She inquired whether the City could look at any alternative funding to help them out. 18 1/12/1998 Doug Payne, Deputy Director, San Bernardino County Economic and Community Development, stated that they were prepared to come up with 50 percent of the funding for the PAL facility and explained that the match requirement is a Federal rule relative to all CDBG funds. Council Member Negrete made a motion, seconded by Council Member Devlin, that the Mayor and Common Council approve and adopt staff's and the Community Development Ci~izens Advisory Committee's recommendations for mid-year 1997-1998 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the Second Amendment of the Third Year Action Plan component of the Consolidated Plan to the U.S. Department of Housing and Urban Develop~ent, if required; and that said resolutions be adopted. The motion carried, and Resolution Nos. 98-14 and 98-15 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. Council inquired as to whether there was any committee that could help the PAL Center, and Economic Development Agency Administrator Steinhaus stated that t'le Redevelopment Committee would be the most appropriate. Council Member Negrete made a motion, Member Curlin, to refer the input from Redevelopment Committee. seconded by Council Dr. Henry to the Council Member Oberhelman stated that a motion was not necessary for this item. Council Member Negrete withdrew his motion; and there was no further action or discussion on this item. 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 this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 19 1/12/1998 ADJOURNMENT (29) At 4:00 p.m., the meeting was adjourned. The next scheduled meeting of the Mayor and Common Counci~ and Community Development Commission will be held at 8:00 a.m., Monday, January 26, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By RACHEL G. CLARK City Clerk ~a~~~ Deputy City Clerk No. of Items: 32 No. of Hours: 4.25 20 1/12/1998