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HomeMy WebLinkAbout04-21-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 21, 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 8:05 a.m., Monday, April 21, 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, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: Cedric Shawn Torrence. bv and throuoh his Guardian Ad Litem. Delena Gandy vs. citv of San Bernardino San Bernardino Municipal Court Case No. SBCI 27951. RECESS MEETING - CLOSED SESSION At 8: 05 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 co Government Code Section 54956.9(a): Ci tv of San Bernardino vs. Department United States District Court Case No. (VAPx) . of the Armv EDCV 96-347 RT 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 4/21/1997 D. Conference wi th legal counsel - personnel mat ter pursuant to Government Code Section 54957. E. Public employee appointment pursuant to Government Code Section 54957. Title: City Administrator CLOSED SESSION At 8:05 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, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias. Also present: Deputy City Attorneys Aldstadt and Easland, and Administrative Operations Supervisor Anderson, City Attorney's Office; Director of Personnel Dillon; and Attorney Thomas Jacobson of Gresham, Savage, Nolan & Tilden. 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. ACTING CITY ADMINISTRATOR WILSON, DEPUTY CITY ATTORNEYS ALDSTADT & EASLAND, & ATTORNEY JACOBSON EXCUSED At 8:22 a.m., Acting City Administrator Wilson, Deputy City Attorneys Aldstadt and Easland, and Attorney Thomas Jacobson left the closed session. ACTING CITY ADMINISTRATOR WILSON & DEPUTY CITY ATTORNEY EASLAND RETURNED At 8:42 a.m., Acting City Administrator Wilson and Deputy City Attorney Easland returned to the closed session. ADJOURN CLOSED SESSION At 8:45 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. 2 4/21/1997 RECONVENE MEETING At 9:04 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, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias. INVOCATION The invocation was given by Ernest Dowdy, Executive Director of the San Bernardino Employment & Training Agency. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. APPOINTMENTS (2) There were no appointments at this meeting. EMPLOYEE RECOGNITION AWARDS CEREMONY (3) In a memorandum dated April 11, 1997, Les Fogassy, Chairman, Employee Recognition Award Selection Committee, stated that the following individuals were chosen as the 1996 Fourth Quarter Employee Recognition Award recipients: Cateqorv Emplovee Department Mid-Management Safety General Volunteer/Intern Joe Pedroza David Kreske Michael Hudkins Bertha Beverlin Water Fire Finance Police Joe Pedroza, David Kreske, Michael Hudkins, and Bertha Beverlin accepted their awards. PRESENTATIONS OF APPRECIATION ASSISTANCE PROVIDED DURING CITY'S SPECIAL ELECTION - MARCH 18, 1997 (3) Mayor Minor joined City Clerk Rachel Clark in presenting certificates of appreciation to Mr. Melendez of L.A. Cellular, who provided phones to field personnel on election day, and students from the local high schools who volunteered at the polling places and City Hall. Mrs. Clark thanked Don Taylor, an instructor at San Gorgonio High School who arranged for the students' participation, and presented certificates to those students who were present. 3 4/21/1997 PRESENTATION TO CITY ARROWHEAD UNITED WAY OUTSTANDING CONTRIBUTIONS (3) Doug Rowan, President of the Arrowhead United Way (AUW) , introduced Clifford Hackney, Arrowhead United Way, and Lieutenant Mike Kinsman, Police Department, who helped coordinate this year's fund raiser. Mr. Rowan stated that City employees contributed over $100,000 to support the community through AUW and thanked the Mayor for his leadership and support of the campaign. Lieutenant Kinsman also thanked all the City employees for their contributions of time, talent and money; and presented an award to the Mayor in recognition of the City's contributions. Mayor Minor announced that City won the Mayor's trophy generosity. for the second year in a row the and thanked everyone for their 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 Lorna Royse Rudy Olquin Terri Armstrong Joan McCabe Rachel Heredia Finance Fire Police Police S.B. Employment & Training Agency 10-year pin 25-year pin 10-year pin 20-year pin 15-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller announced that the dedication of the new soccer complex would take place on Friday, April 25, at 11:00 a.m. She noted that this is the largest complex of its kind west of the Mississippi, with 17 playing fields. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson invited all Sixth Ward constituents to attend a meeting at 7:00 p.m., Tuesday, April 22, with the developers/builder of the County-proposed behavioral health clinic, to be held at the Seventh-day Adventist Church located on the south corner of 16th Street and Medical Center Drive. She also asked for the residents' support and presence at a public hearing regarding the clinic, which would be held at 1:00 p.m., Thursday, April 24, 4 4/21/1997 at the Feldheym Library, which is located at Sixth and "E" Streets. Mrs. Anderson invited everyone to the 1997 Spring Fling, a barbecue and dance sponsored by the Senior Advisory Council Committee, to be held Saturday, May 3, from 12 noon to 3 p.m. She announced that she was wearing her green jacket in honor and recognition of the talent exhibited by Tiger Woods, who won the Masters golf tournament and received his first green jacket. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin said good morning to his grandson, Kevin; noting that next week he would have to go back to school. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated that he wanted to thank and congratulate Phil Arvizo, Executive Assistant to the Council, who was attending his last Council meeting due to his impending retirement. He stated that Mr. Arvizo was an outstanding human being, who meant a great deal to him and his family and had made his job as a Council Member enjoyable and productive. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin stated that the people of San Bernardino join the people of Beaumont in mourning the death of Anthony Martinez. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete echoed the comments regarding Anthony Martinez, Tiger Woods, and the soccer field dedication. He also encouraged local residents and the other Council Members to write to Congressmen Brown and Lewis to advocate that San Bernardino be selected as the recipient of the new Immigration and Naturalization Services (INS) office. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor stated he had received several inquiries as to why the City is unable to extend Assessment District (A.D.) 994. He explained that A.D. 994 ceases to exist on July 1, 1997; and summarized Proposition 218 which greatly restricts the assessment of new taxes and certain fees without a vote of the people. 5 4/21/1997 PUBLIC COMMENTS - DON BRADLEY (5) Don Bradley, 159 North "E" Street, San Bernardino, CA, stated that he had requested assistance from the City at a previous Council meeting regarding etched glass and graffiti on "E" Street, between Second and Mill Streets. He was told he would be given a call; however, to date he had not received a response. He added that several property owners between Second Street and Rialto Avenue were planning to begin improvemen~s and would like something done to get a handle on the graffiti problem. PUBLIC COMMENTS - LEE MEYERS (5) Lee Meyers, 2575 South Steel Road, San Bernardino, CA, asked the Council to take a serious look at the Economic Development Agency (EDA) budget to ensure that waste is minimized. He questioned why the EDA has budgeted $2.7 million for the salaries of 49 people. PUBLIC COMMENTS - ROBERT REGO (5) Robert Rego, 853-A Lynwood Drive, San Bernardino, CA, stated that the City's budget dilemma is only the tip of the iceberg; that 90 percent of the problems will not be resolved by balancing the budget. He noted that the average income at the Economic Development Agency is $55,000, and advised the City to take a look at opulence in all its operations. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. ORD. MC-993 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 10.16.150 AUTHORIZING THE CODE COMPLIANCE DIVISION TO REMOVE AND ABATE ABANDONED VEHICLES ON PUBLIC STREETS PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 22651 AND SAN BERNARDINO MUNICIPAL CODE SECTION 10.16.230. Final (7) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-993 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. 6 4/21/1997 CLAIMS AND PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 15, 1997, from the Director of Finance be approved. PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated March 20, 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. APPROVE PLAN NO. 9640 - CONSTRUCT BICYCLE LANES - KENDALL DRIVE, FROM 40TH STREET TO PALM AVENUE AUTHORIZE ADVERTISEMENT FOR BIDS (11) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 2, 1997, concerning the installation of bicycle lanes on Kendall Drive, from 40th Street to Palm Avenue. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for installatio~ of bicycle lanes on Kendall Drive, from 40th Street to Palm Avenue, in accordance with plan No. 9640, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 97-l04 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPROVEMENT OF RAILROAD GRADE CROSSING NO. 2-76-6, ON STATE COLLEGE PARKWAY AT CAJON BOULEVARD. (12) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97-104 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. APPROVE APPOINTMENTS & GUIDELINES REDUCTION COMMITTEE AD HOC BUDGET (13) Mayor Minor submitted Staff Reports dated April 9 & 15, 1997, regarding the Ad Hoc Budget Reduction Committee. 7 4/21/1997 Bill Rogers, 1482 East Davidson Street, San Bernardino, CA, Chairman, South San Bernardino Residents Committee, questioned the composition of the committee, stating that most of the appointees had special interests, including the five union representatives. He asked the Council to reconsider the people being appointed to the committee. Esther Estrada, the Seventh Ward appointee, stated that she did not stand to benefit from any loan from the City--that Casa Ramona has some loans but she personally does not stand to gain anything. Skip Kulikoff, President, San Bernardino/Rialto Fire Fighters Local 891, stated that before he is a committee member, he is a fire fighter, and he felt it was appropriate that all employees be represented on the committee. Jeff Carr, Labor Relations Representative, San Bernardino Public Employees Association, stated that his organization recommended two people for appointment to the committee--one to represent mid-management and one to represent the general unit employees. John Tucker, Labor Relations Representative, San Bernardino Public Employees Association, stated that he would be representing mid-management employees on the committee. He pointed out that a large number of the employees are also taxpayers in San Bernardino and therefore interested in how the City manages its finances. Mayor Minor announced the representatives for the various employee units, as follows: Skip Kulikoff, Fire; Steve Filson, Police; Debi Biggs, Management-Confidential; John Tucker, SBPEA Mid-Management; Robert Goss, SBPEA General Unit. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council approve the appointments of Harold Duffy (First Ward), Susan Lien (Second Ward), Joe Rivera (Third Ward), Judy Battey (Fourth Ward), Dr. Michael Clarke (Fifth Ward), Connie Garrett (Sixth Ward), Esther Estrada (Seventh Ward), Jorge Carlos (Council staff), Jim Robbins (Mayor's appointment), and J. Lorraine Velarde (Mayor's staff). (Note: There was no vote taken, and the motion was subsequently amended. ) Council Member Negrete stated that when the committee makes its recommendations to the Council, he would like a copy of the nonrecommended items in order to be fully informed. Council Member Curlin stated that his recollection was that members of the committee did not have to be selected by ward, but could be selected at large, which is normally considered to be the boundaries of the city. Since one of the recommended appointees 8 4/21/1997 was not a resident of the City, he felt that the Council would be violating its own motion with this particular appointment. Council Member Devlin acknowledged that his appointee lives in Crestline, stating that he had recommended the appointment of Dr. Michael Clarke, Professor of Public Administration at California State University, San Bernardino, because he very much wanted to see a fresh approach by the committee. Council Member Curlin made a substitute motion, seconded by Council Member Negrete, to separate the appointments and vote on each one individually. The substitute motion failed by the following vote: Ayes: Council Member Curlin. Nays: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Absent: Council Member Arias. Council Member Devlin amended his motion, seconded by Council Member Oberhelman, that the Mayor and Common Council approve the appointments of Harold Duffy (First Ward), Susan Lien (Second Ward), Joe Rivera (Third Ward), Judy Battey (Fourth Ward), Dr. Michael Clarke (Fifth Ward), Connie Garrett (Sixth Ward), Esther Estrada (Seventh Ward), Jorge Carlos (Council staff), Jim Robbins (Mayor's appointment), J. Lorraine Velarde (Mayor's staff); Skip Kulikoff, San Bernardino/Rial to Fire Fighters Local 891; Steve Filson, San Bernardino Police Officers' Association; Debi Biggs, San Bernardino Confidential-Management Association; John Tucker, San Bernardino Public Employees Association Mid-Management Unit; and Robert Goss, San Bernardino Public Employees Association General Unit. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Anderson, Miller. Council Member Curlin. Absent: Council Member Arias. Council Nays: Mayor Minor read the recommended guidelines and summarized the objectives of the ad hoc committee, as noted in his Staff Report dated April 9, 1997. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council adopt the recommended guidelines for the Ad Hoc Budget Reduction Committee, to include the review of the police, fire, and other audits and the deletion of the word "resident" as it pertains to the committee members. Mike Stevens, a resident of San Bernardino, expressed disgust regarding the selection process, stating that there are 117,000 people in San Bernardino, yet the Council couldn't find 16 good citizens to sit on this committee who don't have any special interests. 9 4/21/1997 PUBLIC HEARING - IMPOSE LIENS - CERTAIN PARCELS OF REAL PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (lO) Rachel Clark, City Clerk, submitted a Staff Report dated April 3, 1997, regarding the imposition of liens on certain parcels of real property throughout the city for uncollected business registration fees. Mayor Minor opened the hearing. There were no public comments regarding this matter. RES. 97-105 - 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. (10) Council Member Miller made a motion, seconded by Council Member Oberhelman, 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 the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 97-105 was adopted by Members Negrete, Curlin, Nays: None. Absent: AUTHORIZE AMENDMENT - CONTRACT - BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) & CITY - CERTIFY COMPLIANCE WITH GOVERNMENT CODE SECTIONS 7507 & 20903 - BENEFITS (l4) Barbara Dillon, Report dated April 15, with Government Codes Director of Personnel, submitted a Staff 1997, regarding certification of compliance 7507 and 20903. Discussion ensued regarding the validity of the savings reflected in the Staff Report, the fact that it would cost the City a great deal to give a "golden handshake" to all the positions listed, and the fact that the refuse positions included on the list had all been part of a reorganization brought forward earlier in the year. Council Member Negrete stated he would not want to move on this until he had received input from the ad hoc budget committee. Acting City Administrator Wilson stated that the Council had the option of laying off all these people and agreed that there is a cost involved to the "golden handshake;" however, this would allow the City to eliminate positions while giving the employees a chance to participate. 10 4/21/1997 Barbara Dillon, Director of Personnel, stated that the City is working with PERS to amortize the cost beyond two years. She also noted that this is a win-win situation and the only positive employee relations tool the City has--it gives the employee two years of service and gives the City a means of reducing the budget. She added that it would also reduce other costs such as unemployment insurance. Discussion continued regarding the pros and cons of approving this item. It was noted that the City has an excess in its PERS account that could possibly be used for this purpose. Also noted was the fact that not all of the positions listed would be taking advantage of this opportunity, but PERS' requirements dictate that this information become public two weeks before the final adoption of the ordinance, which is scheduled for May 5. Director of Finance Pachon stated that the worst case scenario would be if every position on the list opted to take retirement, thereby costing the City's General Fund $988,712. However, if every position was deleted there would be a cost savings of over $2.9 million, equating to an actual savings of $1.9 million. Council Member Devlin made a motion, seconded by Member Anderson, that the Mayor and Common Council compliance with Government Code Sections 7507 and 20903; the Mayor be authorized to execute said certifications. Council certify and that The motion carried by the following vote: Members Curlin, Oberhelman, Devlin, Anderson, Council Member Negrete. Absent: Council Member Ayes: Miller. Arias. Council Nays: WAIVE FEES JUNETEENTH ASSOCIATION (NAACP) $739 USE OF SECCOMBE LAKE PARK CELEBRATION JUNE 21, 1997 NATIONAL FOR THE ADVANCEMENT OF COLORED PEOPLE (15) Annie Services, a request Lake Park Ramos, Director of Parks, Recreation and Community submitted a Staff Report dated April 2, 1997, regarding from the NAACP for a waiver of fees for using Seccombe for their Juneteenth Celebration. Mayor Minor stated that he had denied said request but had indicated that the applicant could bring the request to the Council for approval. Council Members Curlin, Negrete, and Anderson stated they would abstain from voting, since they are members of the NAACP. Senior Assistant City Attorney Carlyle advised that under the rule of necessity, one of the three would be allowed to vote. 11 4/21/1997 Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the request to waive fees for use of Seccombe Lake Park by the San Bernardino NAACP in the amount of $739 be denied. The motion failed by Members Oberhelman, Devlin, Abstain: Council Members Member Arias. the following vote: Ayes: Miller. Nays: Council Member Curlin, Anderson. Absent: Council Negrete. Council Council Member Negrete made a motion that the request to waive fees for use of Seccombe Lake Park by the San Bernardino NAACP in the amount of $739 be approved. The motion failed for lack of a second. Therefore, the matter reverted back to the action taken by the Mayor to deny the request for waiver. DISCUSS & TAKE POSSIBLE ACTION - AD HOC BUDGET REDUCTION COMMITTEE - COUNCIL MEMBER CURLIN (16) Council Member Curlin submitted a Staff Report dated April 8, 1997, regarding discussion and possible action relative to the ad hoc budget committee. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RES. 97-106 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 96-36 BY CONTINUING SUPPORT OF THE CITY CLERK'S OFFICE, RECORDS AND INFORMATION MANAGEMENT (RIM) PROGRAM; REPEALING THE RECORDS RETENTION SCHEDULE ADOPTED BY RESOLUTION NO. 96- 36; AND ADOPTING THE REVISED 1997 RECORDS RETENTION SCHEDULE (EXHIBIT "A"). (17) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97-106 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. RECESS MEETING At 10:59 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:06 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. 12 4/21/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Hays. Absent: Council Member Arias. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 96-13 - AMEND LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN, AND CG-1, COMMERCIAL GENERAL, TO RU-1, RESIDENTIAL URBAN - 14 PARCELS OF LAND - BETWEEN MT. VERNON & EUREKA AVENUES, NORTH OF MILL STREET - PETER SOLER (Continued from April 7, 1997) (18) Mike Hays, Director of Planning and Building Services, stated that the applicant had purchased a vacant triplex and was requesting a change in the general plan land use designation at 431-435 South Pear Street from RS, Residential Suburban, to RU-1, Residential Urban. After visiting the site and assessing the neighborhood, the Department of Planning and Building Services had included 33 other parcels in the proposal, which was later modified to only 14 additional parcels by the Planning Commission. Director Hays pointed out that the proposed amendment would change the status of existing multi-family residential units in the direct vicinity from "legally nonconforming uses" to "permitted uses", which would hopefully encourage their maintenance and rehabilitation. Peter Soler, 1116 South Azusa Avenue, West Covina, CA, stated that in addition to the proposed general plan amendment, he was requesting that his permits be renewed. He also stated that he had a letter from Patrick Smith of Planning and Building Services commending him on the upkeep of his property. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-13 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (18) Council Member Devlin made a motion, seconded by Council Member Anderson, that the previous action taken at the Mayor and Council meeting of April 7, 1997, to close the public hearing; that the request be denied in concept; and that the matter be continued to April 21, 1997, for the approval of the findings of fact in support of such, be reconsidered; and that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 96 -13. (Note: There was no vote taken.) Council Member Miller stated asked her to continue this item so action was taken. that Council Member Arias had that she could be present when 13 4/21/1997 Council Member Miller made a subs~itute motion, seconded by Council Member Negrete, that the matter be continued to the Mayor and Council meeting of May 5, 1997. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Devlin, Anderson, Miller. Nays: Council Members Curlin, Oberhelman. Absent: Council Member Arias. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:29 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED At 11:29 a.m., Director of Planning and Building Services left the Council meeting and was replaced by Acting Administrator Wilson. Hays City RES. 97 -107 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO AWARDING A COOPERATIVE PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF TWENTY-NINE (29) EACH 1997 FORD CROWN VICTORIAS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO. (S4) Concern was expressed by Council that said vehicles are to be purchased out of next year's budget, however, there is no budget for next year. Assistant Department took twenty vehicles Chief of Police Harp stated that the Police an assessment of their black and white fleet and had 70,000 miles or more. Acting City Administrator Wilson acknowledged the concerns of the Council, but pointed out that this is a unique situation, as the Ford Motor Company changed their new vehicle order deadline from August 1 to May 1, 1997. It was pointed out that the Council has regularly adopted the resolution for purchase of patrol vehicles prior to approving the next year's budget, and that this piggy back approach would save the City approximately $5,000 per vehicle. Barbara Pachon, Director of Finance, explained that in the past the applicable year's budget has been amended and the purchase is shown on the "carry-over" list for the next year. Senior Assistant City Attorney Carlyle suggested that the Council pass the resolution as recommended in the Staff Report dated April 16, 1997, from James R. Howell, Director of Public Services; and staff would come back to the next meeting with the budget amendment. 14 4/21/1997 Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97-107 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. RES. 97-108 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION 97-93 AND AWARDING A CONTRACT TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL DIRECTOR. (S3) Senior Assistant City Attorney Carlyle stated that Resolution No. 97-93 was adopted on April 7, 1997; however, it did not include two provisions that the City Attorney's Office felt were very important. One provision would specifically require that the City of San Bernardino be named as an additional insured to $1 million, which is standard language. The second provision would require that the doctor have medical malpractice insurance naming the City of San Bernardino as an additional insured for an additional $1 million. It was noted that the medical director would be an independent contractor and work an estimated eight hours per week. Council Member Curlin asked Fire Chief Pitzer to investigate whether eight hours per week is a sufficient number of hours for this position. Senior Assistant City Attorney Carlyle informed Council that the legal case regarding the ambulance service was argued on April 9 before the State Supreme Court, and the court now has 90 days to render a decision. He added that sometimes cases can be resubmitted, which would allow another 90 days; however, a decision from the court should be received by the end of July. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-108 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 97-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AON RISK SERVICES TO PROVIDE PROPERTY INSURA.'\lCE BROKERAGE SERVICES FOR A PERIOD OF TWO YEARS. (S2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that authorization be given for the renewal of the property insurance for a term of May 1, 1997 through April 30, 1998 at a cost of $206,534; and that said resolution be adopted. 15 4/21/1997 The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 97-109 was adopted by Members Negrete, Curlin, Nays: None. Absent: RECESS MEETING At 11: 58 a. m., the j oint regular meeting of Common Council and Community Development Commission luncheon workshop in the Management Information Floor, City Hall. the Mayor and recessed to a Center, Sixth LUNCHEON WORKSHOP - WELFARE REFORM - JOHN MICHAELSON, DIRECTOR OF SOCIAL SERVICES - COUNTY OF SAN BERNARDINO (Sl) There was discussion only. A quorum was not present and no action was taken. RECONVENE MEETING At 2:02 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, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Arias. 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 2:02 p.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. 16 4/21/1997 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 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 SECOND-YEAR PLAN - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) _ AUTHORIZE EXECUTION - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS - BETWEEN CITY & CORRESPONDING AGENCIES (R5) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 16, 1997, regarding the amended second-year plan of the Consolidated Plan and the execution of agreements between the City of San Bernardino and the agencies approved to receive funds. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated Plan and authorize and direct the execution of a Community Development Block Grant (CDBG) Funding Agreement between the City of San Bernardino and the corresponding agencies. PUBLIC HEARING - AUTHORIZE SALE - RANCHO MERIDIAN MOBILE HOME PARK (R7) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 17, 1997, regarding authorization to sell Rancho Meridian Mobile Home Park. Mayor Minor opened the hearing. No public comments were received. RES. 97-110 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE RANCHO MERIDIAN MOBILE HOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE RANCHO MERIDIAN MOBILE HOME PARK CORPORATION. (R7) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Council Member Oberhelman amended his motion, seconded by Council Member Devlin, that the hearing be closed; and that said resolution be adopted. 17 4/21/1997 The motion carried, and Resolution No. 97-110 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Curlin, Arias. COUNCIL MEMBER CURLIN RETURNED At 2:07 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RES. JCA-3 - RESOLUTION OF THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF NOT TO EXCEED $20 MILLION AGGREGATE PRINCIPAL AMOUNT OF HEALTH CARE REFUNDING AND IMPROVEMENT REVENUE CERTIFICATES (GRANADA HILLS COMMUNITY HOSPITAL PROJECT) 1997 SERIES A TAX EXEMPT AND 1997 SERIES B TAXABLE; AND APPROVING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AN INSTALLMENT PURCHASE AGREEMENT, A SECURITY AGREEMENT, A PURCHASE CONTRACT AND CERTAIN CERTIFICATIONS AND OTHER DOCUMENTS. (R8) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. JCA-3 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RECESS MEETING - CLOSED SESSION At 2: 12 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: (R9&l) Community for the Pursuant to Government Code Sections. D. Conference with legal counsel - personnel matter pursuant to Government Code Section 54957. E. Public employee appointment pursuant to Government Code Section 54957. Title: City Administrator CLOSED SESSION At 2:12 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. 18 4/21/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Senior Assistant City Attorney Carlyle; Council Member Arias. Also present: Economic Development Agency Special Counsel Sabo and Development Director Winkler. AGENCY ADMINISTRATOR STEINHAUS, SPECIAL COUNSEL SABO & DEVELOPMENT DIRECTOR WINKLER EXCUSED At 2:18 p.m., Agency Administrator Steinhaus, Special Counsel Sabo, and Development Director Winkler, Economic Development Agency, left the closed session. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED At 2:23 p.m., Economic Development Agency Special Counsel Sabo returned to the closed session. COUNCIL MEMBER DEVLIN EXCUSED At 2:31 p.m., Council Member Devlin left the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & COUNCIL MEMBER DEVLIN RETURNED At 2:32 p.m., Senior Assistant City Attorney Carlyle and Council Member Devlin returned to the closed session. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 2:32 p.m., Economic Development Agency Special Counsel Sabo left the closed session. ADJOURN CLOSED SESSION At 2:36 p.m., the closed session adjourned regular meeting of the Mayor and Common Council Development Commission. to and the joint Community RECONVENE At 2:39 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias. 19 4/21/1997 CLOSED SESSION ANNOUNCEMENT - MAYOR MINOR (l) Mayor Minor announced that in closed session the Council had unanimously approved the appointment of Fred Wilson as City Administrator with a one-year contract, effective July 1, 1997. ADJOURNMENT (19) At 2:41 p.m., the meeting was adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, May 5, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By l2:HIJ:5) Deputy City Clerk No. of Items: 27 No. of Hours: 4.75 20 4/21/1997