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HomeMy WebLinkAbout05-04-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 4, 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 Valles at 8:07 a.m., Monday, May 4, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION At 8:07 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Lechon Chambers vs. Citv of San Bernardino United States District Court Case No. EDCV 96-284 RT (VAPx); Kenneth Bausano vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 46708; Howard Contractinq, Inc., vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 39468; Deborah Richter vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 45876; Jonathan Smith vs. Citv of San Bernardino, et al. United States District Court Case No. CV 98-1990; William Walker, et al. vs. Citv - United States District Court (Eex) ; of San Bernardino, et al. Case No. SACV 98-196 AHS 1 5/4/1998 Marianne Barklaqe vs. Citv of San Bernardino, et al. United States District Court Case No. CV 94-7753 RSWL (AJWx) . B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 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. CLOSED SESSION At 8:07 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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas 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 and Council and Community Development Commission were in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:33 a.m., Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 8:49 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:05 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. 2 5/4/1998 ROLL CALL Roll call was taken by Deputy City Clerk Medina following being present: Mayor Valles; Council Members Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Penman, Deputy City Clerk Medina, City Administrator Absent: None. with the Estrada, Attorney Wilson. INVOCATION The invocation was given by Pastor Jeffery Morehead of Grace Chapel. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Lien. APPOINTMENTS - BUREAU OF FIRE COMMISSIONERS - FINE ARTS COMMISSION - PARKS & RECREATION COMMISSION - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE COMMUNITY TELEVISION COMMISSION - MAYOR VALLES - COUNCIL MEMBER ESTRADA (2A-E) Mayor Judith Valles submitted Staff Reports dated April 30, 1998, recommending the following appointments/reappointments on behalf of herself and Council Member Estrada. MAYOR VALLES Rev. Alvin L. Smith - Appointment Community Development Citizens Advisory Committee John R. Lowe - Reappointment - Community Television Commission COUNCIL MEMBER ESTRADA Connie Rodriguez Commissioners Marie A. Alonzo - Reappointment Robert G. Vega - Reappointment - Reappointment Bureau of Fire - Fine Arts Commission Parks & Recreation Commission Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments requested by Mayor Valles and Council Member Estrada be approved. Certificates of appointment were presented to the appointees. PROCLAMATION - DRINKING WATER WEEK - MAY 3-9, 1998(3) Teri Rubi, Executive Assistant to the Mayor, proclamation declaring the week of May 3-9, 1998, as Water Week" in the city of San Bernardino. read a "Drinking Bernard Kersey, General Manager, Water Department, accepted the proclamation. 3 5/4/1998 PROCLAMATION - LAW ENFORCEMENT DAY - MAY 7, 1998 (3) Teri Rubi, Executive proclamation declaring May 7, city of San Bernardino. Assistant to the Mayor, read a 1998, as "Law Enforcement Day" in the George Schnarre, Vice President of Community Support, and Judi Penman, Executive Vice President of the San Bernardino Area Chamber of Commerce, accepted the proclamation and invited everyone to the Law Enforcement Day banquet to be held May 7 at the Radisson Hotel. PROCLAMATION - NATIONAL NURSING HOME WEEK - MAY 10-16, 1998 (3) Teri Rubi, Executive Assistant to the Mayor, proclamation declaring the week of May 10-16, 1998, as Nursing Home Week" in the city of San Bernardino. read a "National Elaine Larson, resident; Patty Webster, Activity Director; and Lynette Weisner, Administrative Coordinator, Mountainside Health Care Center, accepted the proclamation. PROCLAMATION - OLDER AMERICANS MONTH - MAY 1998 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the month of Mayas "Older Americans Month" in the city of San Bernardino. In recognition of this event, commendations for "Senior of the Year" were presented to Marjorie Booth and Louise Lorenzen, who donated 1,047 hours and 1,028 hours respectively, as volunteers at the Highland Senior Center in 1997. PRESENTATION TO CITY - CHRISTMAS TREE RECYCLING PROGRAM - 2ND CHANCE WEEK/COMMUNITY CLEAN-UP DAY PROJECT - NATIONAL MAKE A DIFFERENCE DAY SAN BERNARDINO COUNTY WASTE SYSTEM DIVISION - NORCAL (3) Rex Richardson, Norcal, San Bernardino, presented a plaque to Mayor Valles in recognition of the City's support and participation in the County-wide Christmas Tree Recycling Program, and a framed print of a poster that was used state-wide to promote the 2nd Chance Week/Community Clean-up Day Project for National Make a Difference Day. Mr. Richardson stated that both programs have received national recognition, and extended special thanks to Linda Ceballos, Environmental Projects Assistant with the Public Services Department, and Terri Carlos of the San Bernardino Employment and Training Agency, who were the City's program representatives on these projects. 4 5/4/1998 PRESENTATION - CITY ATTORNEY'S OFFICE - TIGER AWARD (3) City Attorney Penman presented an overview of the Marianne Barklaqe vs. Citv of San Bernardino, et al. lawsuit, stating that it had been a very difficult case. The claimant had claimed that her civil rights had been violated and that the City was discriminating against her based on an alleged violation of the Americans with Disabilities Act. The decision on the case was appealed to the Ninth Circuit Court of Appeals and on April 16, 1998, said court found in favor of the City stating that Ms. Barklage's rights had not been violated and the City's zoning ordinance was not discriminatory against people affected by the Americans with Disabilities Act. City Attorney Penman presented the official City Attorney's Office "Tiger Award" to Senior Assistant City Attorney Carlyle for the excellent work he had done in defending the City and winning said case. Senior Assistant City Attorney Carlyle accepted the Tiger Award and thanked Deputy City Attorney Empeno and Principal Planner Valerie Ross for their work on said case. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien commented on the Water Development Seminar she had attended, stating that it had left her extremely encouraged "- that San Bernardino is sitting on some very valuable assets; and with the right economic and engineering plan, there is definitely an opportunity to have something unique here in Southern California. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias extended a greeting in Spanish to the Mexican American community as they celebrated Cinco de Mayo and announced that the Second Annual Teenage Life Issues Conference would be held on May 16 at San Bernardino Valley College. Said conference, for girls in the 7th, 8th and 9th grades, consists of workshops related to issues such as abusive relationships, teenage pregnancy, career choices, etc. Council Member Arias noted that everything for the conference is donated, and more information could be obtained by calling her office at City Hall. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she had the opportunity to join with the staff and workers of Goodwill Industries, and their families, in celebrating 70 years of service here in San Bernardino and commended them for the fine job they are doing in our community. 5 5/4/1998 ANNOUNCEMENTS - MAYOR VALLES (4) Mayor Valles expressed appreciation to the board/commission members for their commitment the many hours they contribute to the City. new and reappointed to service and for She stated that the first meeting of the Business Advisory Council had been held on April 28 and was very productive. Many of the obstacles facing the city's economic growth were discussed, and they now face the challenge of examining ways to overcome these obstacles and market the city's tremendous assets. Mayor Valles also announced that Thelma Press had volunteered to take on the responsibility of Cultural Affairs Coordinator on her staff and would be donating her time to serve in this capacity. She praised Ms. Press as a wonderful resource to our community who has been involved in cultural activities for many years, and stated that she is recognized nationally and internationally for her accomplishments. Ms. Press thanked the Mayor for her complimentary remarks and thanked all the volunteers and committee members who have served and given of their time. PUBLIC COMMENTS - ALLEN BARTLEMAN (5) Allen Bartleman, 5364 N. Mayfield, San Bernardino, CA, spoke in opposition to Proposition 220, which would do away with the Municipal Courts in the County of San Bernardino and urged people to vote "NO" on said proposition. PUBLIC COMMENTS - LITA PEZANT (5) Lita Pezant, Chair of the Northwest Redevelopment Project Area Committee, invited everyone to a public forum to be held at 6:00 p.m., Thursday, May 7, at the Public Enterprise Center, where a discussion would be held regarding the lack of education of the citizens of San Bernardino regarding redevelopment matters. She stated that she intends to find out how much money has been allocated to the city's westside. PUBLIC COMMENTS - JEFF BREITEN (5) Jeff Breiten, representing the San Bernardino Police Officers Association, stated that the Association had reviewed each component of the Local Law Enforcement Block Grant Program expenditure plan and expressed support of said recommendations. 6 5/4/1998 PUBLIC COMMENTS - JIM MULVIHILL (S) Jim Mulvihill, 200 East 30th Street #54, San Bernardino, CA, stated that he had attended the Mayor's Business Advisory Committee meeting and commented favorably on the presentations and ideas that were brought forth at said meeting. PUBLIC COMMENTS - SUSAN HARTMAN ROGERS (S) Susan Hartman Rogers, a citizen of San Bernardino, expressed concern for the plight of the homeless. PUBLIC COMMENTS - JAMES PENMAN (S) James Penman, 221 East Marshall Boulevard, spoke on the advantages of Proposition 220 support for same. San Bernardino, CA, and expressed his WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, Member Miller, and unanimously carried, that resolutions and ordinances on the regular and of the Mayor and Common Council be waived. seconded by Council full reading of the supplemental agendas COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: March 30, 1998. RES. 98-101 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO VISION COMMUNICATIONS FOR MAINTENANCE SERVICES TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT. (11) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 98-101 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. AUTHORIZE - PARKS, RECREATION & COMMUNITY SERVICES - ESTABLISH OPEN PURCHASE ORDER MERIT DAY FOODS PURCHASE RAW FOOD PRODUCTS CITY SENIOR NUTRITION PROGRAM - FISCAL YEAR 1998/99 - $40,000 (13) 7 5/4/1998 Annie F. Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated April 14, 1998, regarding authorization to establish an open purchase order with Merit Day Foods for the purchase of raw food products for the City's Senior Nutrition Program. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to establish an open purchase order in the amount of $40,000 with Merit Day Foods for the purchase of raw food products for the City of San Bernardino Senior Nutrition Program; and that the City Purchasing Manager be directed to issue the purchase order for same. APPROVE PLAN NO. 9811 - REHABILITATE PAVEMENT - SLURRY SEAL METHOD - PHASE IV - BETWEEN VICTORIA AVENUE & LA PRAIX - FROM HIGHLAND AVENUE TO NORTHERLY CITY LIMITS - AUTHORIZE ADVERTISEMENT FOR BIDS (20) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 23, 1998, regarding Phase IV of pavement rehabilitation by slurry seal method between Victoria Avenue and La Praix, from Highland Avenue to the northerly city limits. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for rehabilitation of pavement by slurry seal method for streets between Victoria Avenue and La Praix and from Highland Avenue to the northerly city limits in accordance with Plan No. 9811, be approved; and that the Acting Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9792 - INSTALL HANDICAP RAMPS - PHASE II - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (21) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 22, 1998, regarding approval of plans and authorization to advertise for bids for Phase II of installation of handicap ramps at various locations throughout the city. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for construction of handicap ramps at various locations, Phase II in accordance with Plan No. 9792, be approved; and that the Acting Director of Public Works/City Engineer be authorized to advertise for bids. 8 5/4/1998 PERSONNEL ACTIONS (8) Council questioned how closely the individual appointed to the Community Liaison classification within the Mayor's Office would be working with the Police Department and exactly what the person's duties would entail. Mayor Valles stated that it was anticipated this person would work very closely with both Code Compliance and the Police Department. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated April 22, 1998 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. 98-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (9) Council questioned the large and staff advised that said demolition. amount of $22,000 for one lien, lien was for a single-family Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid. The motion carried and Resolution No. 98-102 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-1021 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.90.110(A) AND 8.90.110(H) (2) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE MOBILE HOME RENT BOARD. Final (10) Council Member Miller made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-I021 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. 9 5/4/1998 RES. 98-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF SEPTEMBER 1, 1998 THROUGH JUNE 30, 1999. (12) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-103 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the following vote: Arias, Schnetz, Devlin, None. RES. 98-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO VIKING TIRE FOR PARTS AND SERVICES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (14) RES. 98-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO COLTON TRUCK FOR PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (15) RES. 98-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO AMREP FOR PARTS AND REPAIRS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, FLEET DIVISION OF THE CITY OF SAN BERNARDINO. (16) RES. 98-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDERS TO ASSOCIATED TRUCK AND FRANKLIN TRUCK PARTS FOR PARTS AND SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION OF THE CITY OF SAN BERNARDINO. (17) RES. 98-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION FOR HYDRAULIC PARTS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (18) James Howell, Director of Public Services, explained that the City has over 650 vehicles, manufactured from 1940 to 1998 by more than 101 different companies, which makes it very difficult to pinpoint exact purchase order amounts at the beginning of the fiscal year. He pointed out that the money being added to these purchase orders would be transferred from approximately nine purchase orders which were being decreased. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolutions be adopted. 10 5/4/1998 Resolution Nos. were adopted by the Estrada, Lien, Arias, None. Absent: None. 98-104, 98-105, 98-106, following vote: Ayes: Schnetz, Devlin, Anderson, 98 -107, and 98 -108 Council Members Miller. Nays: APPROVE PLAN NO. 9728 - WIDEN KENDALL DRIVE BRIDGE - AT CABLE CREEK CHANNEL - AUTHORIZE ADVERTISEMENT FOR BIDS (19) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 22, 1998, regarding approval of plans and authorization to advertise for bids for the widening of the Kendall Drive bridge at Cable Creek Channel. Director Hays pointed out that said funds had been budgeted and allocated in this fiscal year's capital improvement program. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for widening of Kendall Drive bridge at Cable Creek Channel in accordance with Plan No. 9728 be approved; and that the Acting Director of Public Works/City Engineer be authorized to advertise for bids. REQUEST TO AMEND SAN BERNARDINO MUNICIPAL SECTION 6.08.050 (HOGS, SOWS, GILT OR BOAR) POTBELLIED PIGS AS PETS - KATHI CAMPBELL CODE ALLOW (26) Council Member Arias submitted a Staff Report dated April 27, 1998, regarding an amendment of the San Bernardino Municipal Code to allow potbellied pigs as pets in the city of San Bernardino. Kathi Campbell, 2955 Chestnut, Rialto, CA, submitted a letter signed by approximately 14 neighbors stating that Mrs. Campbell's potbellied pig was not a nuisance and was not causing any unusual problems. Mrs. Campbell also submitted several other documents, including letters from other agencies which allow potbellied pigs as pets, in an effort to convince the Council to amend the San Bernardino Municipal Code relative to potbellied pigs as pets. Debi Biggs, Director of Animal Control, stated that all pigs are illegal in the city at this time. She explained that only recently have potbellied pigs come into the United States, and although other cities have passed ordinances that would allow them, there are also several restrictions such as height, weight, where they can be kept, etc., that apply. Ms. Biggs stated that in San Bernardino there is no distinction between a potbellied pig and a regular pig; and it is the opinion of staff and the Animal Advisory Commission that even if potbellied pigs were allowed in the city, this pig would not be allowed due to maximum weight guidelines which would be imposed. 11 5/4/1998 Council Member Schnetz made a motion, seconded by Council Member Devlin, that the recommendation of the Animal Advisory Commission not to amend the current San Bernardino Municipal Code Section 6.08.050 to allow potbellied pigs as pets in the city of San Bernardino be received and filed. The motion carried Members Estrada, Lien, Council Member Anderson. by the following vote: Arias, Schnetz, Devlin, Absent: None. Ayes: Miller. Council Nays: RECESS MEETING At 10:30 a.m., Mayor Valles declared a five-minute recess. RECONVENE MEETING At 10:45 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 Deputy City Clerk Cordova with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Wilson. Absent: Council Member Schnetz. PUBLIC HEARING LOCAL LAW ENFORCEMENT BLOCK (LLEBG) PROGRAM - EXPENDITURE PLAN GRANT (22) Lee Dean, Chief of Police, submitted a Staff Report 7, 1997, regarding the expenditure plan for the Enforcement Block Grant Program. dated July Local Law Mayor Valles opened the hearing. Captain Robert Curtis submitted a document titled, City of San Bernardino Police Department Fiscal Year 1997/1998 Local Law Enforcement Block Grant, Proposed Expenditure plan Revised 4/30/98. Captain Curtis stated that the Police Department would be receiving $1.2 million from the federal government and presented an itemized overview of the revised expenditure plan and answered questions regarding same. Council Member Estrada questioned whether funds were included in this grant for training relative to the diverse ethnic community San Bernardino is becoming. Captain Curtis stated that three training programs dealing with cultural diversity have been conducted, two of which have been completed and one that is still ongoing. 12 5/4/1998 council Member Estrada requested copies of any new programs which are in place for new officers to help them deal with cultural diversity. Council Member Devlin commended the Police Department staff for procuring this money for the City at absolutely no cost to the City, stating that they had done an excellent job in the identification of projects and allocation of said funds. It was the consensus of the Council to take action at this time on Agenda Item Nos. 22 and 28 together. RES. 98-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE AWARDED LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS ACCORDING TO THE EXPENDITURE PLAN SUBMITTED BY THE POLICE DEPARTMENT. (22) RES. 98-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HECKLER & KOCH, INC., OF STERLING, VIRGINIA FOR THE PURCHASE OF (410) SEMI AUTOMATIC HANDGUNS TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION #F-98-29. (28) Discussion ensued regarding the fact that the San Bernardino Police Department is one of the few police departments which allow their officers to use their own weapons; however, with the purchase of the 410 handguns, everyone would be using the same weapon. Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Police Department be authorized to obligate and expend the Local Law Enforcement Block Grant program funds according to the expenditure plan; and that said resolutions be adopted. The motion carried and Resolution Nos. 98-109 and 98-110 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13630, LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND MAGNOLIA AVENUE, 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. (23) 13 5/4/1998 Council Member Estrada made a motion, seconded Member Devlin, and unanimously carried, that the continued to the Mayor and Council meeting of May 18, by Council matter be 1998. APPROVE PLAN NO. 9791 VACATION - PORTION OF & LINCOLN AVENUE - AUTHORIZE STAFF TO PROCEED WITH ENNIS STREET, BETWEEN AMOS AVENUE (24) Michael E. Hays, Acting Director of Public Works/City Engineer, submitted a Staff Report dated April 6, 1998, regarding the vacation of a portion of Ennis Street, between Amos Avenue and Lincoln Avenue. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Acting Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Ennis Street between Amos Avenue and Lincoln Avenue; and that Plan No. 9791, showing the proposed vacation of a portion of Ennis Street between Amos Avenue and Lincoln Avenue, be approved. RES. 98-111 - A RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING PROPOSITION 224, AN INITIATIVE CONSTITUTIONAL AMENDMENT CONCERNING STATE-FUNDED DESIGN AND ENGINEERING SERVICES. (25) City Administrator Wilson stated that Proposition 224 would be on the June ballot and presented an overview of same. He noted that the League of California Cities and the California Chambers of Commerce, as well as numerous other organizations, are opposing said proposition. David Horsfall, 1929 Glover Street, Redlands, CA, expressed support of Proposition 224 and denial of said resolution. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: None. No. 98-111 was Members Estrada, None. Abstain: adopted by the following vote: Lien, Arias, Schnetz, Anderson, Council Member Devlin. Absent: AUTHORIZE EXTENSION LOAN TO INTERNATIONAL AIRPORT AUTHORITY (SBIAA) SAN BERNARDINO - $120,000(27) Barbara pachon, Director of Finance, submitted a Staff Report dated April 24, 1998, regarding extension of the loan to the San Bernardino International Airport Authority. 14 5/4/1998 It was noted that the airport is not yet generating enough money to sustain itself, and that all four cities in the County (Colton, Loma Linda, Highland and San Bernardino) plan to remain in the program. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council approve the extension of the loan to the San Bernardino International Airport Authority not to exceed an additional amount of $120,000 from the City's Storm Drain Construction Fund, for the purpose of payment of the City's proportionate share of San Bernardino International Airport Authority operating expenses through July 1998. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.60.010 AND 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. First (Sl) City Attorney Penman explained the proposed changes to the Municipal Code including incorporation of new boundaries for sale and discharge of fireworks, addition of a minimum age requirement for purchase of fireworks, and changes to the penalties for violating any provisions of Chapter 8.60 of the San Bernardino Municipal Code. He indicated that only one fireworks booth would require relocation. Fire Chief Pitzer explained the new boundaries relative to high fire hazard areas in which the sale and discharge of fireworks are prohibited and answered questions regarding same. Discussion ensued regarding various items which had previously been discussed by the Council but had not been incorporated into the ordinance such as a sales cutoff time, enforcement issues, and public education. The Council indicated that they would still like the Legislative Review Committee to give this matter more review, particularly in the area of charging a fee or assessment to help defray enforcement costs and for public education. City Attorney Penman explained that staff realized that discussion of the ordinance had not been completed and that it would need to be referred back to the Legislative Review Committee; however, if the ordinance was not given its first reading today, it would be too late to be effective for this Fourth of July holiday. Council Member Devlin made a motion, seconded by Council Member Anderson, to refer the matter to the Legislative Review Committee for further revisions and come back with an ordinance for next year. 15 5/4/1998 Council Member Anderson removed her second for purposes of discussion. Several Council Members felt that even though the proposed ordinance did not address or incorporate all the issues that they would have liked it to, it would be prudent to pass the proposed ordinance with the new boundaries, minimum age for purchase, and stiffer fines for first offenses and come back with an amendment at a later date. Council Member Anderson reinstated her made by Council Member Devlin to refer Legislative Review Committee. second to the motion the matter to the Council Member Devlin withdrew his motion. Council Member Schnetz made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER ESTRADA EXCUSED At 11:47 a.m., Council Member Estrada left the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.135 OF THE SAN BERNARDINO MUNICIPAL CODE DEFINING HAZARDOUS FIRE AREA. First (S2) City Attorney Penman explained that this ordinance defines the boundaries of high fire hazard areas and was a companion item to Agenda Item No. SI. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER ESTRADA RETURNED At 11:48 a.m., Council Member Estrada returned to the Council meeting and took her place at the Council table. City Attorney Penman informed the Mayor and Council that he had received two requests for an amicus curiae after the posting of the agenda, which the Council needed to consider. 16 5/4/1998 AMICUS CURIAE - KOBZOFF VS. HARBOR/UCLA MEDICAL CENTER (NB1) AMICUS CURIAE SAN BERNARDINO PUBLIC ASSOCIATION VS. CITY OF FONTANA EMPLOYEES (NB2) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the requests for an amicus curiae in the cases of Kobzoff vs. Harbor/UCLA Medical Center and San Bernardino Public Employees Association vs. City of Fontana arose subsequent to the posting of the agenda. City Attorney Penman explained the background on both requests. He indicated that his advice to the Council relative to the Kobzoff vs. Harbor/UCLA Medical Center lawsuit would be to join the amicus curiae. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the City join the amicus curiae in the case of Kobzoff vs. Harbor/UCLA Medical Center. City Attorney Penman stated that the second request had to do with whether certain existing benefits were vested and whether they could or could not be bargained away; and advised the Council against joining the amicus curiae. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the City decline joining the amicus curiae in the case of the San Bernardino Public Employees Association vs. City of Fontana. RECESS MEETING At 11:53 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 07 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Development Director Winkler. Absent: Council Members Estrada, Arias. 17 5/4/1998 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 2:07 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 Communities Financing Authority and Mayor and Common Council. 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. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. CONSOLIDATED PLAN - AMENDED THIRD YEAR ACTION PLAN - CITY ADMINISTRATOR DEMOLITION PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R4) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 23, 1998, regarding a Community Development Block Grant funding agreement for Project 97- 211 (City Administrator Demolition Project) . Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of a Community Development Block Grant (CDBG) funding agreement between the City of San Bernardino and the corresponding agency (Project 97-211). SET PUBLIC HEARING - 2:00 P.M. - MAY 18, 1998 - SECOND AMENDMENT - THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R5) 18 5/4/1998 Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 30, 1998, recommending that the Mayor and Council set a public hearing for 2:00 p.m. on May 18, 1998, to solicit citizen comments on the second amendment to the 1997-1998 Third Year Action Plan. council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council establish Monday, May 18, 1998, at 2:00 p.m. in the Council Chambers of City Hall as the date, place and time for a public hearing to solicit citizen comments on the second amendment to the 1997-1998 Fiscal Year Third Year Action Plan. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:10 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER ARIAS RETURNED At 2:11 p.m., Council Member Arias returned to the Council meeting and took her place at the Council table. PUBLIC HEARING - FOURTH YEAR ACTION PLAN - CONSOLIDATED PLAN - UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS - EMERGENCY SHELTER GRANT (ESG) FUNDS (R6) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 30, 1998, regarding the Fourth Year Action Plan component of the 1995-1999 Consolidated Plan. Fred Wilson, City Administrator, submitted a memorandum dated May 4, 1998, regarding the fiscal year 1998-99 Community Development Block Grant funding requests. Mayor Valles opened the hearing. Norma Owens, Housing Development Specialist, Economic Development Agency, stated that funds available for allocation in the Fourth Year Action Plan, were as follows: Home Investment Partnership Act (HOME), $1,645,000; Emergency Shelter Grant (ESG) Program, $152,000; and Community Development Block Grant (CDBG) Program, $3,861,000. Dick Abraham, Chairman of the Community Development Citizens Advisory Committee, introduced those members of the committee who were present and read a letter from the committee which detailed some of their observations, explained some of the recommendations they had made, identified problem areas as perceived by the committee, and expressed concern that City programs have an unhealthy reliance on HUD funds. 19 5/4/1998 COUNCIL MEMBER ESTRADA RETURNED At 2:22 p.m., Council Member Estrada returned to the Council meeting and took her place at the Council table. City Attorney Penman reminded the Council that if they were a board member of any agency requesting funds, that they should abstain from voting on matters concerning that particular agency. CITY ATTORNEY PENMAN EXCUSED At 2:30 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. The following individuals questioned why their agencies had not been recommended to receive funding and requested further review of their requests: Pastor Jeffery Morehead, Grace Chapel, 1595 E. Art Townsend Drive, San Bernardino, CA. Jenai Morehead, Operation Grace, 1595 E. Art Townsend Drive, San Bernardino, CA. Rev. David Kalke, Central City Lutheran Mission, 1354 North "G" Street, San Bernardino, CA. Frances Vasquez, Mary's Mercy Center (Casa Merced purchase), 10436 Allenby Street, Riverside, CA. The following individuals expressed their thanks for the recommended funding of their agencies: Melvena Mitchell, Waterman Gardens Advisory Group, 382 Crestview Avenue, San Bernardino, CA. Patti Davis, Greater San Bernardino Special Olympics, 547 N. Sierra Way, San Bernardino, CA. Rev. patricio Guillen, Libreria del Pueblo, 972 N. Mt. Vernon Avenue, San Bernardino, CA. Penny Lilburn, Director of Highland Senior Center, 3102 E. Highland Avenue, San Bernardino, CA. Joseph George, Operations Director, YMCA of San Bernardino, P.O. Box 3924, Crestline, CA. Bonnie O'Connor, Executive Director, Children's Fund, San Bernardino, CA. Charles R. Seymour, Adopt A Bike, 602 N. Macy Street, San Bernardino, CA. Cindy Faulkner, Executive Director, YWCA of Greater San Bernardino, 567 N. Sierra Way, San Bernardino, CA. David Cook, Highland Avenue Business Association, San Bernardino, CA. Doug Rowan, President, Arrowhead United Way, San Bernardino, CA. 20 5/4/1998 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN FOURTH YEAR ACTION PLAN OF THE CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS FEDERAL GRANT FUNDED PROGRAMS. (R6C) 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 FOURTH YEAR ACTION PLAN OF THE CONSOLIDATED PLAN. (R6D) It was noted that a CDBG Funding Review Ad Hoc Committee had been formed comprised of Council Members Estrada and Lien, and it was suggested that this committee review and study the reason(s) that funds had been denied to certain organizations and meet with the chair or other members of the Community Development Citizens Advisory Committee to review these requests. Council Member Lien stated she would like to refer Casa Merced, Central City Lutheran Mission and Operation Grace to said committee, and possibly at a later date and time they could be added to a reallocation list. Mayor Valles stated that she would refer Mr. Abraham's comments to the committee for consideration also. Council Member Arias stated she would also like to attend said meeting and reminded everyone that there is mid-year funding to be allocated at a later date. Ms. Owens informed the Council that the document ultimately approved by the Council was due to the Federal government by May 15; therefore, the CDBG Funding Reveiw Ad Hoc Committee meeting must take place very soon in order to meet this deadline. Discussion ensued regarding the $772,150 set aside for program administration and what the money is used for. It was pointed out that approximately $300,000 is allocated for salaries and to cover overruns on capital improvement projects that go over the original amount allocated. It was pointed out that continued funding for one Fire Prevention Officer and funding for additional code enforcement positions had been requested by the City, that if approved, would have to come from the $772,150. It was the consensus of the Council that a breakdown of this $772,150 in funding money was needed before the money could be committed to any particular use. 21 5/4/1998 Council Member Devlin stated that he could live with the recommendations that had been made by the Community Development Citizens Advisory Committee as long as the code compliance positions and the Fire Prevention Officer were included. He stressed that he wanted to make sure these positions were included before he approved any allocation of funds. He also expressed concern regarding the need for fire apparatus. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3: 07 p. m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. It was the consensus of the Council that more time was needed to review the recommendations made by the Community Development Citizens Advisory Committee and for the CDBG Funding Review Ad Hoc Committee to meet with those who had been denied funding to determine if a reallocation of the proposed funding would be in order and to discuss allocation of funds for the code enforcement and fire prevention positions. It was suggested that Council Member Devlin meet with Council Members Estrada and Lien regarding said issues. Council Member Estrada made a motion, seconded by Council Member Anderson, that the matter be continued to 10:00 a.m., Monday, May 11, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that Council Member Devlin meet with Council Members Estrada and Lien in the meantime regarding this matter. The motion carried by the Members Estrada, Arias, Devlin, Members Lien, Schnetz. Absent: following vote: Anderson, Miller. None. Ayes: Nays: Council Council COUNCIL MEMBER LIEN EXCUSED At 3:20 p.m., Council Member Lien left the Council meeting. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. 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 matters. acting as the on Community 22 5/4/1998 ADJOURNMENT (29) At 4: 08 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to 10:00 a.m., Monday, May 11, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~~ Linda Hartze Deputy City Clerk No. of Items: 37 No. of Hours: 6 23 5/4/1998