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HomeMy WebLinkAbout02-17-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 17, 1997 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 Minor at 8:01 a.m., Monday, February 17, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator wilson. Absent: Council Members Curlin, Arias. RECESS MEETING - CLOSED SESSION meeting - pages 3 & 5) At 8:01 a.m., the Mayor and Development Commission recessed following: (Discussed later in the (1) Community for the Common Council and to closed session ~ Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): John Lee Bell vs. Keil/Napier/Citv of San Bernardino. et al. - United States District Court Case No. 95-4231 WDK; Tomas Armendariz vs. Penman. et al. United States District Court Case No. CV 91-5757 CBM (Hrx) Manta Manaqement Corp. (People v.) Superior Court Case No. SCV 18157; San Bernardino Yousef Saman vs. City of San Bernardino. et al. - United States District Court Case No. CV 93-0448 CBM. 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. 1 2/17/1997 D. Public employment appointment pursuant to Government Code Section 54957: position: Fire Chief E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Fred Wilson, Acting City Administrator Employee Orqanization: San Bernardino Confidential and Management Association (SBCMA) CLOSED SESSION At 8:01 a.m., Mayor Minor 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 Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Curlin, Arias. Also present: Senior Assistant City Attorney Margaret Scroggin, Administrative Operations Supervisor, Anderson, Legal Secretary I, City Attorney's Office. Carlyle, and Edna READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental, and additional addendum to the supplemental agendas of the Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. FIRE CHIEF CANDIDATE PITZER ARRIVED At 8:04 a.m., Fire Chief candidate Pitzer arrived at the closed session. COUNCIL MEMBERS CURLIN & ARIAS ARRIVED At 8:07 a.m., Council Members Curlin and Arias arrived at the closed session. FIRE CHIEF CANDIDATE PITZER EXCUSED At 8:25 a.m., Mr. Pitzer left the closed session. FIRE CHIEF CANDIDATE PITZER RETURNED At 8:33 a.m., Mr. Pitzer returned to the closed session. 2 2/17/1997 FIRE CHIEF CANDIDATE PITZER EXCUSED At 8:35 a.m., Mr. Pitzer left the closed session. LEGAL SECRETARY ANDERSON EXCUSED At 8:37 a.m., Legal Secretary .;nderson left the closed session. DEPUTY CITY ATTORNEY ALDSTADT ARRIVED & LEGAL SECRETARY ANDERSON RETURNED TO THE MEETING At 8:43 a.m., Deputy City Attorney Aldstadt arrived and Legal Secretary Anderson returned to the closed session. COUNCIL EXCUSED At 8: 45 Anderson left MEMBER MILLER AND LEGAL SECRETARY ANDERSON a. m., Council Member Mi ller and Legal Secretary the closed session. ADJOURN CLOSED SESSION At 8:48 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:01 a.m., Mayor Minor 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 Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Curlin. INVOCATION The invocation was given by Father Patricio Guillen of Libreria Del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENTS (2) There were no appointments at this meeting. CLOSED SESSION ANNOUNCEMENT in the meeting - pages 1 & 5) (Discussed earlier & later (1) Mayor Minor announced that the following action was taken in closed session; and at this time said action was ratified by the Council: 3 2/17/1997 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Larry Pltzer as Fire Chief and relative contract, be approved. Fire Chief Pitzer thanked the Mayor and Council, stating that he was honored to be chosen. PRESENTATION TO CITY TELETHON FUND RAISER CHANNEL 3 - SAN BERNARDINO EASTER SEAL SOCIETY KCSB (3) Jan Cotten, Chairperson, San Bernardino Easter Seal Society Board of Directors, and Brian Bost, Chief Executive Officer, presented one of three awards conferred nationwide by the National Easter Seal Society to Mansie Booker, Video Production Coordinator, Telecommunications, and his crew at KCSB in recognition of their production of one of the most compelling local profiles during a telethon; and expressed their thanks to CATV Manager Frank Keller. Mr. Booker accepted his award. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Department Years of Service Margarito Munoz Facilities Management 25-year pin Robert Oquendo Fire 20-year pin Janice Conway Library 20-year pin Jason Suarez Management Information 5-year pin Services Tina Groves Parks, Recreation & 15-year pin Community Services Josh Carter Parks, Recreation & 20-year pin Community Services Debra Alvillar Police 5-year pin Brent Gandhi Police 5-year pin Lillian Harlan Police 5-year pin Richard Lawhead Police 5-year pin Erica Lithen Police 5-year pin Saul Macias Police 5-year pin Janine Newbry Police 5-year pin Sharon Powell Police 5-year pin Paul Muro Police 20-year pin Velia Marcus Police 35-year pin Laurie Stringham Public Services 20-year pin Each employee received a service pin presented by Mayor Minor. 4 2/17/1997 ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete commented on the relocation of the Social Security Office to the corner of Sixth Street and Arrowhead Avenue, stating that there would be an opening ceremony on Thursday, February 20, at 8:00 a.m. COUNCIL MEMBER CURLIN RETURNED At 9:14 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated he and Council Members Devlin and Anderson had attended the Fireman's Muster, where many beautiful pieces of well-preserved fire equipment were displayed. He noted that 26 cities had competed to have this annual event in their city; however, the City of San Bernardino was chosen because the Mayor had written a letter saying they would be welcome here and extending an invitation for them to come to San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin made positive comments regarding the Fireman's Muster, stating that all the hotels and restaurants in town were full. He also extended a "good-morning" to his grandson, Kevin, who was at home in a body cast. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson reminded everyone that today was Presidents' Day in honor of all those heros who have made America the wonderful place that it is today. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark stated that sample ballots regarding the March 18 election had been mailed; and reminded residents that today was the last day to register to vote and that only the voter can return his or her own absentee ballot. CLOSED SESSION ANNOUNCEMENT CITY ATTORNEY (Discussed earlier in the meeting - pages 1 & 3) PENMAN (1) City Attorney Penman announced that the following case was discussed in closed session under anticipated litigation significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; and that the Council had voted to retain Attorney Joe Arias of Lewis, D'Amato, Brisbois & Bisgaard to assist in representing the People of the State of California and defending the City of San Bernardino against civil litigation that might arise therefrom: 5 2/17/1997 People of the State of California. State of California. & California Department of Fish and Game, plaintiffs, vs. Warner W. . Hodqdon: Rancho San Andreas Corporation. Inc.. a California Corporation: and Does I throuqh XXX. defendants - San Bernardino Superior Court Case No. SCV 01030. City Clerk Rachel Clark read the motion into the record as follows: Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, to approve hiring the firm of Lewis, D'Amato, Brisbois & Bisgaard for an amount not to exceed $10,000; and authorize the Mayor to sign the agreement with the law firm. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor stated that he had spoken with Mr. Deskus from the Radisson Hotel, who had informed him that the hotel was filled to capacity for two nights as a result of the Fireman's Muster. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin congratulated Council Member Oberhelman for declaring his intent to enter the mayoral race and extended get well wishes to Ralph Hernandez, who was in the hospital fighting a life-threatening disease. PUBLIC COMMENTS - LENORE SCHON (5) Lenore Schon, 147 East Palmyra Drive, San Bernardino, CA, advised that the League of Women Voters was sponsoring a forum on Measure "S" to be held Monday, March 10, 1997, at 7:00 p.m. at the Radisson Hotel and urged residents to attend this neutral debate. Mayor Minor noted that Mr. Deskus had donated the use of the ballroom at the Radisson Hotel for this forum. PUBLIC COMMENTS - DENNIS MIELE (5) Dennis Miele, 2505 Foothill, #81, San Bernardino, CA, a resident of Sequoia Plaza Mobile Home Park, inquired why taxes were still being assessed to residents of the park since the City had purchased it in December 1995 and it became City property at that time. PUBLIC COMMENTS - DON BRADLEY (5) Don Bradley, 159 North E Street, San Bernardino, CA, commended and thanked the Mayor and Council for the new stadium, the proposed soccer field and theater complex, and their efforts to clean up San Bernardino. However, he stated that he had purchased some property on North E Street and one of the biggest problems in that area is 6 2/17/1997 vandalism. He stated that he had spent $17,000 on new glass, which was etched by vandals within two days, and requested help from the Council with this problem. PUBLIC COMMENTS - SUSAN LIEN (5) Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA, Chairperson of the Community Development Citizens Advisory Committee, stated that in July 1997 almost $4 million will become available in Community Development Block Grant (CDBG) funds, and she highlighted two applications which were approved by the committee, which are add-ons to any current budget and in addition to any new funding that gets approved. First, the Police Department has been awarded a Cops universal Hiring Program Grant from the U.S. Department of Justice, which will provide 22 additional police officers for three years. The total grant to San Bernardino is over $4 million, with a 10 percent local match coming from CDBG funds. This will be funded at a cost of $150,000 per year for three years by CDBG funds, not the general fund. The Fire Department was approved to receive $129,823 per year for five years for the acquisition of two new triple combination pumper trucks, at a total cost of $550,000 to be funded by CDBG funds, not the general fund. She stated that she felt quite certain that these funds would be approved when the entire CDBG package comes before the Council a short time hence. PUBLIC COMMENTS - GARY KIRBY (5) Gary Kirby, 1505 Yardley Street, Sa~ Bernardino, CA, suggested that the Mayor and Council return to the practice of allowing five minutes per person during the public comments portion of the meeting, since those individuals who had abused this privilege were no longer attending the meetings. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1482 East Davidson Street, San Bernardino, CA, requested input from the Mayor and Council on an alternate plan to Measure S. PUBLIC COMMENTS - DONALD BURRESS (5) Donald Burress, 1483 Gould Street, San Bernardino, CA, stated that Council Member Arias has failed to respond to inquiries made by her constituents. PUBLIC COMMENTS - LINDA RUIZ (5) Linda Ruiz, 1589 South Berry Street, San Bernardino, CA, expressed displeasure with the representation of Council Member Arias. 7 2/17/1997 PUBLIC COMMENTS - ISABEL MONROY (5) Isabel Monroy, 1473 East Davidson Street, San Bernardino, CA, stated that she and her family, as well as some of her neighbors, could not afford to support Measure S. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, addendum to the supplemental, and additional addendum to the supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Curlin 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: December 16, 1996; January 13, 1997. RES. 97-43 - 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) (8) Council Member Curlin 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. 97-43 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. CLAIMS AND PAYROLL (15) Council Member Curlin 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 February 11, 1997, from the Director of Finance be approved. 8 2/17/1997 PERSONNEL ACTIONS (16) Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated February 6, 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. 97-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIGNAL MAINTENANCE, INC., FOR TRAFFIC SIGNAL MODIFICATION ON FIFTH STREET, AT "G" STREET, "F" STREET AND SIERRA WAY. (17) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-44 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RATIFY WAIVER OF FEES - $1,670.48 - FIREMAN'S MUSTER - FEBRUARY 15, 1997 (9) Mayor Minor submitted a Staff requesting Council ratification associated with the conduct of the on February 15. Report dated February 10, 1997, of his action to waive fees Fireman's Muster which was held Gary Kirby, 1505 Yardley Street, San Bernardino, CA, stated that he was astounded to see that this action was being taken retroactively. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the action taken by Mayor Tom Minor to waive $1,670.48 in fees connected with the conduct of a Fireman's Muster on February 15, 1997, be ratified. RES. 97 -45 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1997 ANIMAL CONTROL TRUCK TO BE UTILIZED BY THE ANIMAL CONTROL DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-16-A. (10) RES. 97 -46 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WONDRIES FORD FOR FURNISHING AND DELIVERY OF FOUR (4) 1997 FORD TAURUS MID- SIZE SEDANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-16-D. (11) 9 2/17/1997 RES. 97 -47 RESOLUTION OF THE CITY COUNCIL OF BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FURNISHING AND DELIVERY OF TWO (2) 1997 FORD ONE (1) CARGO VANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF CITY OF SAN BERNARDINO IN ACCORDANCE WITH SPECIFICATION F-97-16-C. SAN FOR TON THE BID (12) RES. 97-48 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO DEL AMO DODGE FOR FURNISHING AND DELIVERY OF THIRTEEN (13) 1997 DODGE NEON COMPACT SEDANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-16-B. (13) RES. 97 -49 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WONDRIES FORD FOR FURNISHING AND DELIVERY OF THREE (3) EACH 1997 ONE (1) TON PICK-UP TRUCKS WITH SERVICE BODIES TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-97-16-E. (14) Council Member Oberhelman stated he would like to review the mid-year budget to see what the impact on revenue would be from Measure 218 and the loss of the cemetery sale, prior to making a decision on these items. Mayor Minor pointed out that these vehicles had already been budgeted and asked the Council to approve said resolutions. Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolutions be continued to the Mayor and Council meeting of March 17, 1997. The motion failed by the following vote: Members Curlin, Arias, Oberhelman. Nays: Council Devlin, Anderson, Miller. Absent: None. Ayes: Council Members Negrete, Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-45, 97-46, 97-47, 97-48, and 97-49 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Devlin, Anderson, Miller. Nays: Council Members Arias, Oberhelman. Absent: None. RECESS MEETING At 10:01 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 07 a . m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 10 2/17/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Curlin, Miller. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3887 - 100 WEST HOSPITALITY LANE - MANTA MANAGEMENT (eontinued from January 27, 1997) (18) Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to the Mayor and Council meeting of May 5, 1997. COUNCIL MEMBERS CURLIN & MILLER RETURNED At 10:10 a.m., Council Members Curlin and Miller returned to the Council meeting and took their places at the council table. PUBLIC HEARING - IMPOSE LIENS - CERTAIN PARCELS OF REAL PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (19) City Clerk Rachel Clark submitted a Staff Report dated January 30, 1997, regarding the imposition of liens on certain parcels of real property for uncollected business registration fees. Mayor Minor opened the hearing. Charles Hendricks, 131 South Chelsea Park Place, Tucson, Arizona, owner of the property located at 6415 Escena Street, requested an extension of time to pay the Business Registration fee. A letter written by Mr. Hendricks on March 26, 1996, regarding the Escena Street property, was submitted into the record. RES. 97-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (19) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 97-50 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Abstain: Council Member Miller. Absent: None. 11 2/17/1997 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3927 - 2084 SUNRISE LANE - LARRY KOCH (20) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated February 5, 1997, regarding the property located at 2084 Sunrise Lane, recommending that the Board of Building Commissioners' order be upheld. Mayor Minor opened the hearing. Larry Koch, 711 East Phillips Boulevard, Pomona, CA, informed the Council that all deficiencies had been corrected. He stated that each time he is made aware that there is a problem, he corrects it. Manager Skiles stated that said property is located in a high density zone in the Arden Guthrie area and continues to go in and out of compliance, and that some violations still remain. Council pointed out that as a property owner, Mr. Koch should be aware of problems with his property and rectify them without having to be notified each time by the City. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners as described in ~ Order No. 3927 dated December 20, 1996. MEASURE S - REPORT BY CITY ATTORNEY (21) City Attorney Penman submitted a Staff Report dated February 10, 1997, regarding Measure S and addressed questions regarding the mobile home residency law, Assessment District No. 994, and who is entitled to vote on Measure S. The following individuals expressed opposition to Measure S: Gary Kirby, 1505 Yardley Street, San Bernardino, CA. Dr. Elsa Valdez, 748 Dover Drive, San Bernardino, CA. Dennis Miele, 2505 Foothill #81, San Bernardino, CA. Bill Rogers, 1482 East Davidson Street, San Bernardino, CA. Bob Lien, 1833 Kenwood Avenue, San Bernardino, CA. Jay Lindberg, 1622 Guthrie Street, San Bernardino, CA. Harold Duffy, 5028 Wyche Court, San Bernardino, CA. Donald Burress, 1483 Gould Street, San Bernardino, CA. Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA. Robin Miller, 235 Carousel Mall, San Bernardino, CA. Ted Humann, 1643 Gould Street, San Bernardino, CA. Mike Eitelhoff, 1213 East Laurelwood Dr., San Bernardino, CA. Linda Ruiz, 1589 Berry Street, San Bernardino, CA. Gloria Rogers, 1482 East Davidson Street, San Bernardino, CA. 12 2/17/1997 ~ Arturo Quezada, 1560 East Davidson Street, San Bernardino, CA. Laverne Sexton, 441 East Caroline Street, San Bernardino, CA. Gordon McGinnis, 2528 York Court, San Bernardino, CA. Marjorie Hall, 1464 Gould Street, San Bernardino, CA. Isabel Monroy, 1473 East Davidson Street, San Bernardino, CA. Elliott Livingston, 1361 Susan Avenue, Redlands, CA. The following individuals expressed support for Measure S: Steve Filson, resident of San Bernardino and president of the Police Officers' Association. Esther Estrada, resident of San Bernardino. Robert Rego, 853-A Lynwood Drive, San Bernardino, CA. There was no further action taken on this matter. CITY ATTORNEY PENMAN EXCUSED At 11:48 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. ACTING CITY ADMINISTRATOR WILSON EXCUSED At 11: 48 a. m., Acting City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:48 a.m., Economic Development Agency Special Counsel Sabo arrived at the Council meeting. 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 11:50 a.m., Chairman Minor 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. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers 13 2/17/1997 Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. APPROVE PROPOSED APPLICATION HOUSING & URBAN DEVELOPMENT (HUD) 108 LOAN GUARANTEE - DOWNTOWN CINEPLEX (R7) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated February 12, 1997, recommending that the Mayor and Council approved the proposed application for Section 108 loan guarantee assistance for the downtown cinema complex. Mayor Minor opened the hearing. Development Director Winkler explained the two separate motions proposed for the Council's approval, stating that although these motions would allow the filing of an application, they do not provide authority to actually consummate a HUD 108 guaranteed loan. The following individuals expressed support for the downtown cineplex: Kandy Roe, 2373 Willow Drive, San Bernardino, CA, who also submitted a letter dated February 17, 1997. James Roe, 2373 willow Drive, San Bernardino, CA. Hy Weitzman, 548 East Fairmount Drive, San Bernardino, CA. Greg Brittain, 330 North D Street, # 300, San Bernardino, CA. Sam Catalano, 3930 Broadmoor Blvd., San Bernardino, CA. Wallace Green, 2634 West Spruce Street, San Bernardino, CA. Robin Miller, 235 Carousel Mall, San Bernardino, CA. Robert Curci, 295 Carousel Mall, San Bernardino, CA. Tony Casas, 654 South H Street, San Bernardino, CA. Harold Duffy, 5028 Wyche Court, San Bernardino, CA. Council Member Miller made a motion, Member Anderson, and unanimously carried, closed. seconded that the by Counc i 1 hearing be Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously car-ried, that the Mayor and Common Council approve, without modification, the proposed application for Section 108 loan guarantee assistance for the downtown cinema complex project from the U.S. Department of Housing and Urban Development (HUD) and direct preparation of the final application for public distribution and for submission to HUD; and that the Mayor and Common Council authorize the Mayor of the City of San Bernardino to submit an application for HUD 108 loan guarantee assistance for the downtown cinema complex project 14 2/17/1997 together with amendments thereto and all understandings and assurances contained therein; and, further, that the Council direct and authorize the Mayor to act in connection with the application to provide such additional information as may be required. RECESS MEETING At 12:20 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:01 p.m., Mayor Minor 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 Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Hays. Absent: Council Member Curlin. DIRECT PREPARATION BY PLANNING STAFF GENERAL PLAN AMENDMENT - CHANGE LAND USE DESIGNATION FROM RS TO RU-l - PROPERTIES BOUNDED BY JULIA, CLUSTER, & ALLEN STREETS AND THE A.T. & S.F. RAILROAD RIGHT-OF-WAY (32) ~ Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated January 14, 1997, recommending preparation of a general plan amendment which would change the land use designation from RS, Residential Suburban, to RU-l, Residential Urban, on certain properties bounded by Julia, Cluster, and Allen Streets and the A.T.& S.F. Railroad right-of-way. Director Hays informed Council that said area is comprised of many multi-family properties and two vacant properties. He stated that it is hoped that potential property owners will come in and rehabilitate many of these properties. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Planning staff be directed to prepare a general plan amendment that changes the land use designation from RS, Residential Sub-clrban, to RU-l, Residential Urban, on properties bounded on the north by Julia Street, on the south by Cluster Street, on the east by Allen Street, and on the west by the A.T. & S.F. Railroad right-of-way. DIRECT PREPARATION BY PLANNING STAFF AMENDMENT ESTABLISH STANDARDS DISPLAYS - DEVELOPMENT CODE PERMANENT OUTDOOR (33) 15 2/17/1997 Michael E. Hays, Director of Planning and Building .submitted a Staff Report dated January 14, 1997, preparation of a development code amendment which would standards for permanent outdoor displays. Services, regarding establish Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Planning staff be directed to prepare a development code amendment to establish standards by which permanent outdoor displays may be approved. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:10 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED At 2:10 p.m., Director of Planning and Building Services left the Council meeting and was replaced by Acting Administrator wilson. Hays City RES. 97-51 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING AB 97, KNOWN AS THE "FRUSETTA-MORRISSEY FLOOD PREVENTION ACT OF 1997." (22) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-51 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RES. 97-52 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. TWO TO STANDARD AGREEMENT, CONTRACT NO. W957032, WITH THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT NORTH PARK BOULEVARD AND COYOTE DRIVE. (23) Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-52 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RES. 97-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIM, NASCIMENTO & CHAVEZ ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES RELATIVE TO WIDENING THE BRIDGE ON RIALTO AVENUE AT EAST TWIN CREEK CHANNEL. (24) 16 2/17/1997 Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-53 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. APPROVE PLAN NO. ARROWHEAD AVENUE ADVERTISEMENT FOR 9142 EXTEND TO TIPPECANOE BIDS ORANGE AVENUE SHOW ROAD AUTHORIZE (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 4, 1997, requestlng approval of plans and authorization to advertise for bids for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, in accordance with Plan No. 9142, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE CONTRACT CHANGE ORDER NO. 18 RIVERSIDE CONSTRUCTION - IMPROVE ACCESS ROADS TO PASSENGER TERMINAL & PARKING FACILITIES - SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT - PLAN NO. 9283 (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 28, 1997, regarding approval of Change Order No. 18 to the contract with Riverside Construction for improvement of the access roads to the passenger terminal and parking facilities at the San Bernardino Trade Center and International Airport. City Attorney Penman declared a conflict of interest, since he had received campaign contributions from Riverside Construction. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that Change Order No. 18 to the contract with Riverside Construction, for improvement of access roads to the passenger terminal and parking facilities for the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9283, be approved; to authorize additional compensation for the removal and disposal of unknown asbestos material and the connection of water laterals on Leland Norton Way, at the negotiated price of $71,514.04, from $2,723,673.32 to $2,795,187.36, as settlement in full of all outstanding claims. 17 2/17/1997 APPROVE CONTRACT CHANGE ORDER NO. TWO HOLLAND- LOWE CONSTRUCTION, INC. - STREET & TRAFFIC SIGNAL IMPROVEMENTS TIPPECANOE AVENUE, FROM REDLANDS BOULEVARD TO HOSPITALITY LANE - PLAN NO. 8888 (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 3, 1997, regarding Change Order No. Two to the contract with Holland-Lowe Construction, Inc., for street and traffic signal improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospitality Lane. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Two to the contract with Holland-Lowe Construction, Inc., for traffic signal and street improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospitality Lane, in accordance with Plan No. 8888, be approved; to authorize the additional work required in the removal and replacement of unsuitable material and for additional excavation, on a time and material basis, at a cost not to exceed $44,000, for an increase in the contract price from $367,419.45 to $411,419.45; and that the Director of Finance be authorized to amend the 1996-97 budget to reflect a $44,000 increase in the project allocation. ~ ORD. MC-991 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO BE LICENSED BY THE STATE. Final (28) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-991 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RES. 97-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATION OF POLLING PLACES PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 12286 FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 18, 1997. (29) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-54 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. 18 2/17/1997 BUDGET AMENDMENT - ELECTION COST - INCREASE ECONOMIC DEVELOPMENT AGENCY (EDA) REIMBURSEMENT TO CITY CLERK'S BUDGET - ELECTION COSTS (30) Barbara Pachon, Director of Finance, submitted a Staff Report dated January 13, 1997, regarding an amendment to the fiscal year 1996-1997 budget to cover election costs. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1996-97 budget to reflect a $23,000 increase in the City Clerk's budget for election costs, and a corresponding budget increase in the EDA revenue reimbursement account. COUNCIL MEMBER CURLIN RETURNED At 2:17 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RES. 97-55 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY PURCHASING AGENT TO EXECUTE AN AGREEMENT AND ISSUE A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS, INC. , FOR DELINQUENT ACCOUNT COLLECTION SERVICES. (31) Council Member Anderson made a motion, seconded by Council ~. Member Oberhelman, that said resolution be adopted. Resolution No. 97-55 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXPENDITURE OF $30,000 IN SALARY/BENEFIT SAVINGS FROM THE POLICE DEPARTMENT'S GENERAL FUND BUDGET TO FUND CONTRACT BACKGROUND INVESTIGATIONS FOR POLICE OFFICER APPLICANTS AND THE SELECTION OF PRC INVESTIGATIONS TO PROVIDE CONTRACT BACKGROUND INVESTIGATIONS SERVICES FOR THE POLICE DEPARTMENT. (S2) Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 1996-97 budget for the Police Department to move $30,000 from Account No. 001-213- 5011 to Account No. 001-224-5505. The motion carried, and Resolution No. 97-56 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 19 2/17/1997 ~ RES. 97-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE CITY OF RIVERSIDE FOR THE CONSTRUCTION OF ORANGE SHOW ROAD ACROSS THE GAGE CANAL. (S3) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-57 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO COMMITTING TO PROVIDE FUNDS TO FINANCE ONE-THIRD OF THE COST FOR INSTALLATION OF SOUNDWALLS ALONG ROUTE 30 FREEWAY FROM THE EAST TWIN CREEK CHANNEL TO GOLDEN AVENUE. (Sl) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the criteria for the construction of freeway soundwalls. He pointed out that even if the Council adopted said resolution, it would be several years down the road before construction would actually take place. Discussion ensued regarding the noise level requirements, the timelines for construction, whether the City's share ($400,000) would remain constant over the next four or five years, and the - fact that the City is committing to back up one-third of the cost of something that the state is obligated to do. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted contingent on available funds. Council Member Negrete made a substitute motion, seconded by Council Member Arias, that said resolution be adopted; and that the amount paid by the City will be at today's prices, contingent on available funds. The substitute motion failed by the following vote: Council Members Devlin, Anderson, Miller. Nays: Council Negrete, Curlin, Arias, Oberhelman. Absent: None. Ayes: Members APPROVE AGREEMENT DEPARTMENT DEVELOPMENT (HUD) - PILOT PROGRAM EIGHT HUD-OWNED PROPERTIES OF HOUSING & URBAN - LAWN MAINTENANCE - (AS1) City Attorney Penman submitted a Staff Report dated February 13, 1997, regarding an agreement with HUD, Arrowhead Homeowners Association, and Los Padrinos for yard maintenance of eight vacant HUD-owned properties. 20 2/17/1997 City Attorney Penman explained the proposed program, stating that it had taken a lot of cooperation between all involved parties to bring this program to fruition. He noted that the City had agreed to provide the water and the Arrowhead cluster group and Los Padrinos would do the work. Mr. Penman explained that the agreement with HUD was not available because the HUD office in Washington D.C. disagreed with the Anaheim HUD office on some of the details. He recommended that the Council authorize the Mayor to sign the agreement if they had no objection to the program. Council Member Negrete made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor be authorized to sign an agreement with HUD, Arrowhead Home Owners Association, and Los padrinos for a pilot program for lawn maintenance on eight HUD-owned properties, upon approval of the contract by the City Attorney's Office. APPROVE RETENTION PARRINELLO, MUELLER PROPOSITION 218 ON ASSESSMENTS LAW FIRM OF NIELSEN, & NAYLOR ADVISE ON CITY'S TAXES, FEES, MERKSAMER, IMPACT OF CHARGES & (AAS1) City Attorney Penman submitted a Staff Report dated February 14, 1997, recommending that the City obtain the services of an outside law firm to analyze the impact of Proposition 218 on the City of San Bernardino. Mr. Penman recommended that a cap be placed on the amount allocated for this purpose. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor be authorized to sign the standard form for legal services with the law firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor for analysis of Proposition 218's impact on the City of San Bernardino, with a cap of $10,000 to be paid in legal fees to the firm. RECESS MEETING At 2:59 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:05 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 21 2/17/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, Economic Development Agency Special Counsel Green, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: None. 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 ADJOURNMENT (34) At 3 :30 p.m., the meeting was adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, March 3, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~a&5d Deputy City Clerk No. of Items: 41 No. of Hours: 6 22 2/17/1997