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HomeMy WebLinkAbout07-07-1997 Minutes ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 7, 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, July 7, 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, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator wilson. Absent: Council Members Curlin, Arias, Anderson. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 25) (1&52) At 8:02 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the - following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code section 54956.9(a): Albert Williams. et al. vs. citv of San Bernardino - united States District Court Case No. ED97-143 KT (VAPx); Tomas Armendariz, et al. vs. James F. Penman. et al. - United States District Court Case No. CV 91-5757 CBM (JRx) . 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. 1 7/7/1997 E. Conference with labor negotiator pursuant to Government Code section 54957.6: ~.. Aqency Neqotiator: Barbara Dillon, Director of Personnel Employee Orqanizations: San Bernardino Public Employees' Association (SBPEA) General Unit Employees San Bernardino Public Employees' Association (SBPEA) Middle Management Unit Employees CLOSED SESSION At 8:02 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, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator wilson. Absent: Council Members Curlin, Arias, Anderson. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Edna Anderson, Administrative Operations Supervisor, city Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular, supplemental and the addendum to the supplemental agendas 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 CURLIN ARRIVED At 8:05 a.m., Council Member Curlin arrived at the closed session. COUNCIL MEMBER ARIAS ARRIVED At 8:07 a.m., Council Member Arias arrived at the closed session. COUNCIL MEMBER ANDERSON ARRIVED At 8:08 a.m., Council Member Anderson arrived at the closed session. 2 7/7/1997 DIRECTOR OF PERSONNEL DILLON ARRIVED At 8:10 a.m., Director of Personnel Dillon arrived at the closed session. ADJOURN CLOSED SESSION At 8:18 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 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 following being present: Arias, Oberhelman, Devlin, City Clerk Rachel Clark, Council Member Negrete. by city Clerk Rachel Clark with the Mayor Minor; Council Members Curlin, Anderson, Miller; City Attorney Penman, city Administrator wilson. Absent: INVOCATION The invocation was given by Father patricio Guillen, Libreria del Pueblo, Inc. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENT REBECCAH WARREN-MARLATT ACCESSIBILITY APPEALS BOARD - MAYOR MINOR HANDICAP (2) Mayor Minor submitted a Staff Report dated June 30, requesting the appointment of Rebeccah Warren-Marlatt Handicap Accessibility Appeals Board. 1997, to the Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Rebeccah Warren-Marlatt to the Handicap Accessibility Appeals Board, as recommended by Mayor Minor, be approved. PRESENTATION - LEADERSHIP SAN BERNARDINO 1996-97 PROGRAM GRADUATES (3) J. Lorraine Velarde, Executive Assistant to the Mayor, introduced Mr. Mark Edwards of the law offices of Mirau, Edwards, Cannon & Harter, who presented the following individuals with their certificates of completion for the Leadership San Bernardino 1996- 97 Program: Mary Graham, Vice President of citizens Business Bank Michael Townsend, Chief of Staff, Assemblyman Joe Baca Angela Ukiru, Social Worker, county of San Bernardino, Department of Public Health 3 7/7/1997 Evelyn Harper, LVN, Patton state Hospital James "Doug" Patterson, Health Administrator, Management Advisory Services Jay Egenes, Attorney, Gresham, Savage, Nolan & Tilden Greg Brittain, Attorney At Law Joann McDougall, Director of Inland Empire Job Corps Center Mark Albers, Stock Broker, Dean Witter Reynolds, Inc. Terri Carlos, Analyst, City of San Bernardino Employment & Training Agency Bonnie O'Connor, Executive Assistant, Children's Fund Patricia Campbell, Executive Director of ASA Learning Center Stephanie Allen, Attorney Service Director, A California Process & Attorney Service Pam Williams, Executive Director of Highland Chamber of Commerce Jilien Montbach, Metlife Insurance Nancy Simpson, Director of Athletics, Cal State University, San Bernardino PRESENTATION SAN BERNARDINO CONFIDENTIAL/MANAGEMENT ASSOCIATION - SCHOLARSHIPS (2) Deborah Biggs, President of the San Bernardino confidential/Management Association, introduced Millicent Price of the Scholarship Committee who presented the following individuals with scholarships bestowed by the association: Sarah Hardy, Shenita Jones and Richard Moises Mendoza accepted their scholarships. ANNOUNCEMENTS - COUNCIL MEMBERS MILLER, ANDERSON, DEVLIN, OBERHELMAN, ARIAS, CURLIN & CITY ATTORNEY PENMAN (4) Council expressed their condolences to the family of Floyd D. Heiser, the airplane pilot who lost his life while trying to extinguish the Hemlock fire, thanked the fire and police personnel for their exhaustive efforts and recognized a moment of silence for the loss of the airplane pilot. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark announced that a notice of intention to recall had been served on Rita Arias, Third Ward Council Member, and Mrs. Arias has seven days in which she can file a rebuttal. She further stated that Monday, July 14, 1997, is the first day candidates could receive their nomination papers for the offices of Mayor and First, Second and Fourth Ward Council Member. If the incumbent does not take out papers, that office's last day to file is August 13, 1997 and all remaining offices are August 8, 1997. 4 7/7/1997 COUNCIL MEMBER NEGRETE RETURNED At 9:11 a.m., Council Member Negrete meeting and took his place at the council returned to the council table. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that on July 3, 1997 as part of the budget balancing measures, the council was considering a cutback in benefits for employees within the San Bernardino Confidential/Management Association. Mr. Penman noted that the confidential employees within the association are not highly paid, and he expressed his desire to see a reduction in the elected officials benefits if this action was approved. Mr. Penman announced that recall papers had been served on Councilwoman Rita Arias, and he reiterated the procedures for recall within the city Charter and the Municipal Code. PUBLIC COMMENTS - ANNETTE JEFFERY (5) Annette Jeffery, 27238 Nona Avenue, Highland, CA, expressed concern regarding the Facilities Management Division, and she was directed to Lorraine Velarde, Executive Assistant to the Mayor. PUBLIC COMMENTS - STEPHANI CONGDON (5) Stephani Congdon, 3678 Hemlock Drive, San Bernardino, CA, expressed her appreciation for the efforts of the fire and police personnel who worked to save and protect the lives of the citizens of San Bernardino. PUBLIC COMMENTS - ROY LARSON (5) Roy Larson, 2616 San Carlo, San Bernardino, CA, voiced concern regarding the proper maintenance of public telephones and asked the Council to initiate a state-wide campaign for the sanitation of such. If anyone has any questions, he can be reached at 887-9956. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor announced that he instructed Police Chief Dean and Fire Chief Pitzer to look into the possibility of banning the use of fireworks within the city. ANNOUNCEMENTS - FIRE CHIEF PITZER (4) Fire Chief Pitzer provided an update of the fire Drive and answered questions concerning the fire strategy and the various organizations involved. along Hemlock department's 5 7 f7 /1997 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) council Member Oberhelman made a motion, seconded by Council Member Devlin, 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. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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: May 5, 1997; May 19, 1997. CLAIMS & PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 23, 1997, from the Director of Finance be approved. PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated June 23, 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. 97-184 - 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) (10) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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. 97-184 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (WEED ABATEMENTS) (11) 6 7 f7 /1997 council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-185 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-997 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.02, SECTION 19.02.050 AND AMENDING CHAPTER 19.06, SECTION 19.06.030(2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD NEW DEFINITIONS FOR ARTIST COLONY, MICROBREWERY, MOBILE VENDOR, AND SALES AND PRODUCTION OF HANDICRAFT ITEMS AND TO ADD SPECIFIC STANDARDS FOR THE ABOVE LISTED USES. Final (21) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-997 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997-98 ASSESSMENT ROLL FOR ACQUISITION AND IMPROVEMENTS FOR THE CENTRAL CITY PARKING DISTRICT NO. 947. (22) __ Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-186 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Abstain: Council Member Miller. Absent: None. RES. 97-187 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 1997/1998 MAINTENANCE CONTRACT WITH TIBURON INC., FOR MAINTENANCE OF THE POLICE DEPARTMENT'S COMPUTERIZED RECORDS MANAGEMENT SYSTEM (RMS). (12) RES. 97-188 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 1997/1998 MAINTENANCE CONTRACT WITH DIGITAL EQUIPMENT CORPORATION (DEC), FOR MONTH-TO-MONTH MAINTENANCE OF THE CITY'S DEC COMPUTER HARDWARE AND OPERATING SYSTEM SOFTWARE. (13) 7 7 f7 /1997 RES. 97-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH ADAPTIVE INFORMATION SYSTEMS FOR MAINTENANCE OF IMAGING EQUIPMENT AND SOFTWARE FOR THE CITY OF SAN BERNARDINO. (14) RES. 97-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ COMMUNICATION SYSTEM BACKBONE FOR THE CITY OF SAN BERNARDINO. (15) RES. 97-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ RADIOS FOR THE CITY OF SAN BERNARDINO. (16) RES. 97-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF PUBLIC SAFETY MOBILE DATA TERMINALS FOR THE CITY OF SAN BERNARDINO. (17) RES. 97-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF PUBLIC SAFETY DISPATCH CONSOLES FOR THE CITY OF SAN BERNARDINO. (18) RES. 97-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT IN THE AMOUNT OF $34,112.00 TO THE COUNTY OF SAN BERNARDINO FOR LEASE OF 7 FULL HEIGHT RACKS AND 17 CIRCUITS FOR THE FISCAL YEAR 97/98. (19) RES. 97-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $36,000.00 TO THE COUNTY OF SAN BERNARDINO FOR TIME AND MATERIALS MAINTENANCE OF PUBLIC SAFETY EQUIPMENT. (20) Janis Ingels, Director of Management Information services, answered questions regarding the maintenance contracts and source of funding. COUNCIL MEMBER OBERHELMAN EXCUSED At 10: 06 a. m., Council Member Oberhelman left the council meeting. CITY ATTORNEY PENMAN EXCUSED At 10:06 a.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. 8 7/7/1997 council Member Devlin made a motion, seconded by Council Member Negrete, that said resolutions (Item Nos. 12-20) be adopted. Resolution Nos. 97-187, 97-188, 97-189, 97-190, 97-191, 97- 192, 97-193, 97-194 and 97-195 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. COUNCIL MEMBER OBERHELMAN RETURNED At 10: 07 a. m., Council Member Oberhelman returned to the council meeting and took his place at the council table. RES. 97-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING ASSESSMENT DISTRICT NO. 971, FIRE STATION CONSTRUCTION DISTRICT IN THE TRI-CITY AREA. (23) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-196 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - AUTHORIZE UTILIZATION OF FUNDS - LOCAL LAW ENFORCEMENT BLOCK GRANT COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM (CAD/RMS) COMPUTER SYSTEM UPGRADE - POLICE (24) Lee Dean, Chief of police, submitted a staff Report dated July 7, 1997, requesting authorization for utilization of the Local Law Enforcement Block Grant funds for the Computer Aided Dispatch/Records Management System (CAD/RMS) computer system upgrade. Mayor Minor opened the hearing. Police Captain Bob curtis explained that the city is the recipient of a $1,238,056 Local Law Enforcement Block Grant and the purpose for the hearing is to receive input on its intended use for the upgrading of the fOllowing police department computer systems: Computer Aided Dispatch (CAD) and the Records Management System (RMS) . SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:11 a.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. 9 7/7/1997 RES. 97-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO OBLIGATE AND EXPEND THE AWARDED LOCAL LAW ENFORCEMENT BLOCK GRANT MONIES TO REPLACE THE COMPUTER AIDED DISPATCH (CAD) AND THE RECORDS MANAGEMENT SYSTEM (RMS) COMPUTER SYSTEMS FOR THE POLICE DEPARTMENT. (24) Council Member Devlin made a motion, seconded by Council Member Curlin, that the hearing be closed; that the Police Department be authorized to obligate and expend the intended use of the Local Law Enforcement Block Grant Program grant funds; and that said resolution be adopted. The motion carried and Resolution No. 97-197 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY - CIRCULATION ELEMENT GENERAL PLAN PAVEMENT REHABILITATION - TIPPECANOE AVENUE, FROM HOSPITALITY LANE TO MISSION CREEK - PUBLIC WORKS PROJECT NO. 97-001(25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 24, 1997, concerning pavement rehabilitation on Tippecanoe Avenue, from Hospitality Lane to Mission Creek. Council Member Negrete made a motion, seconded by Council Member Curlin, and unanimously carried, that the negative declaration for Public Works Project (PWP) No. 97-001, located on Tippecanoe Avenue, from Hospitality Lane to Mission Creek, be adopted; and that a finding be made that Public Works Project No. 97-001, rehabi Ii tation of pavement on Tippecanoe Avenue, from Hospitality Lane to Mission Creek, is consistent with the circulation element of the general plan. APPROVE PLAN NO. 9689 PAVEMENT REHABILITATION TIPPECANOE AVENUE, FROM HOSPITALITY LANE TO MISSION CREEK - AUTHORIZE ADVERTISEMENT FOR BIDS (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 18, 1997, concerning pavement rehabilitation on Tippecanoe Avenue, from Hospitality Lane to Mission Creek. Director Hardgrave explained that curb cuts would not be installed because they already exist and answered questions concerning the provisions of the Americans with Disabilities Act relative to curb cuts. Council Member Miller made Member Negrete, and unanimously a motion, carried, seconded that the by Council plans for 10 7/7/1997 rehabilitation of pavement on Tippecanoe Avenue, from Hospitality Lane to Mission Creek, in accordance .with Plan No. 9689, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9695 - CLEAN BOX CULVERTS & CATCH BASINS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (27) Roger Hardgrave, Director of Public submi tted a Staff Report dated June 26, cleaning of box culverts and catch basins throughout the city. Works/city Engineer, 1997, concerning the at various locations Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for cleaning box culverts and catch basins at various locations, in accordance with Plan No. 9695, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE IN PRINCIPLE - ENCROACHMENT - 18-INCH RETAINING WALL CITY RIGHT-OF-WAY 404 WEST 9TH STREET NORTHWEST CORNER OF 9TH & "D" STREETS - RICHARD POPE (28) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated June 24, 1997, concerning for encroachment at 404 West 9th Street. Engineer, a request Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request from Richard Pope for authorization to install an 18-inch high retaining wall to encroach into the street rights-of-way, at the northwest corner of 9th Street and "D" Street, be approved in principle; and that the City Attorney be directed to prepare the appropriate license agreement. AUTHORIZE TRANSFER - $7,500 - SUPPLEMENTAL FUNDS - MODIFY TRAFFIC SIGNALS - MT. VERNON & 7TH STREET AND MARSHALL BOULEVARD & "E" STREET (29) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 11, 1997, requesting authorization for a transfer of funds in the amount of $7,500 for the modification of traffic signals at Mt. Vernon and 7th street and Marshall Boulevard and "E" Street. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the transfer of $7,500 from Account No. 250-370-5504-1942, "Minor Improvements - Various Locations," to Account No. 250-370-5504-7077, "Traffic Signals at Marshall Boulevard and "E" street," be approved. 11 7/7/1997 RES. 97-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A THIRD AMENDMENT TO THE AGREEMENT WITH LOS PADRINOS, INC., A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITYWIDE GRAFFITI REMOVAL PROGRAM, BY EXTENDING THE TERM OF THE AGREEMENT FOR A ONE YEAR PERIOD. (30) A discussion was held concerning the services provided by Los Padrinos, Inc. Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 97-198 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.52.070, 3.52.130 AND ADDING SECTIONS 3.52.045, 3.52.085, 3.52.095 AND 3.52.125 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO UNIFORM TRANSIENT OCCUPANCY TAX. First (31) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RESCIND SECTION COUNCIL PREVIOUS ACTION TAKEN - REPEAL MUNICIPAL CODE 5.82.040 - OPERATOR'S PERMIT FEE - MAYOR & MEETING OF JUNE 16, 1997 (32) Rachel Clark, City Clerk, submitted a Staff Report dated June 19, 1997, requesting that the City council rescind previous action taken at the Mayor and Council meeting of June 16, 1997 relating to operator's permit fee. Discussion ensued concerning the differences between a tax and a fee. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council rescind the motion adopted on June 16, 1997 directing the city Attorney's Office to repeal San Bernardino Municipal Code Section 5.82.040 (Operator's Permit Fee). COUNCIL MEMBER ARIAS EXCUSED At 10:34 a.m., Council Member Arias left the council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6 OF ORDINANCE NO. MC-820 ELIMINATING THE EXPIRATION DATE OF THE 0.5% INCREASE OF THE SERVICE USERS TAX. First (33) 12 7/7/1997 council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RES. 97-199 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE VOTERS A BALLOT MEASURE RELATING TO THE CITY'S SERVICE USERS TAX. (34) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-199 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 97-200 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A MUNICIPAL ELECTION TO SUBMIT TO THE ELECTORS FOR THEIR APPROVAL A BALLOT MEASURE RELATING TO THE CITY'S SERVICE USERS TAX AND REQUESTING THAT SAID MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 1997, CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (35) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-200 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. COUNCIL MEMBER ARIAS RETURNED At 10:37 a.m., Council Member Arias returned to the council meeting and took her place at the council table. RES. 97-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $71,424.00 TO THE COUNTY OF SAN BERNARDINO FOR LEASE OF 10 FULL HEIGHT RACKS AND 42 CIRCUITS FOR THE FISCAL YEAR 95/96. (36) Janis Ingels, Director of Management Information Services, explained the delay in billing for services provided in fiscal year 1995/96. Council Member Devlin made a motion, seconded by Council Member Miller; that the budget amendment in the amount of $71,424 from the MIS fund to the Fiscal Year 1996/97 MIS Communications Rental account to cover charges for fiscal year 1995/96 rack spaces and circuit leases be approved; and that said resolution be adopted. 13 7/7/1997 The motion carried and Resolution No. 97-201 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER. (37) Council Member Anderson made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 97-202 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEW HOPE MISSIONARY BAPTIST CHURCH RELATING TO TRAINING RELATED WORK EXPERIENCE FOR STUDENTS. (38) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-203 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 7 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (39) A discussion was held concerning the services provided by Casa Ramona, Inc., and the need to supply the same services throughout the city. Esther Estrada, Casa Ramona, Inc., explained how Casa Ramona was established, provided a synopsis of the services rendered and stated that the name of the West Side Drop-In Center was changed to the West Side Service Center. Council Member Oberhelman made a motion, seconded by Council Member curlin, that said resolution be adopted. 14 7 f7 /1997 Resolution No. 97-204 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 10:55 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. 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; City Attorney Penman, City Clerk Rachel Clark, Planning & Building Services Director Hays. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-06 - CONDITIONAL USE PERMIT NO. 96-12 - TRANSFER EXISTING OFF- SITE ABC LICENSE - SOUTHEAST CORNER OF HIGHLAND AVENUE & VALARIA DRIVE - BRUCE SUH (45) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 19, 1997, concerning Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12 to transfer an existing off-site alcoholic beverage control (ABC) license to a new location within 75 feet. Mayor Minor opened the hearing. ci ty Attorney Penman explained that on June 16, 1997, the hearing was closed and the action today should be ministerial. Council noted that a new condition relative to the sale of single containers is being imposed and requested that the condition be deleted. A discussion ensued concerning the conditions of the permit. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ALCOHOL BEVERAGE CONTROL "ABC" LICENSE STANDARDS. First (45) Council Member Negrete made a motion, seconded by Council Member Devlin, that the hearing be closed; and that said ordinance which approves Development Code Amendment No. 96-06 be laid over for final adoption, and that Conditional Use Permit No. 96-12 be approved based on the findings of fact, subject to the conditions of approval and standard requirements contained in the Staff Report 15 7/7/1997 dated June 19, 1997, from the Director of Planning and Building Services, with the deletion of Condition No. Four relative to the sale of single alcoholic beverages. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson. Council Members Curlin, Miller. Absent: None. Council Nays: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 97-02 CHANGE LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN, TO RU-2, RESIDENTIAL URBAN - 23 PARCELS LOCATED BETWEEN 16TH & 17TH STREETS - 648-652 W. 16TH STREET - GARY R. YEAKEL (46) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 16, 1997, concerning General Plan Amendment No. 97-02 to change the land use designation from RS, Residential Suburban, to RU-2, Residential Urban, on 23 parcels located between 16th and 17th Streets. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (46) counci 1 Member Devl in made a motion, Member Anderson, and unanimously carried, continued to the Mayor and Council meeting of seconded by Council that the matter be July 21, 1997. CITY ATTORNEY PENMAN EXCUSED At 11:20 a.m., city Attorney Penman left the council meeting and was replaced by Deputy City Attorney Empeno. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 97-03 - AMEND LAND USE DESIGNATION - FROM RS, RESIDENTIAL SUBURBAN, TO RU-1, RESIDENTIAL URBAN - 25 PARCELS LOCATED BETWEEN JULIA & CLUSTER STREETS (NORTH & SOUTH) AND DOROTHY & ALLEN STREETS (EAST & WEST) - CITY OF SAN BERNARDINO (47) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 24, 1997, concerning General Plan Amendment No. 97-03 to amend the land use designation from RS, Residential Suburban, to RU-1, Residential Urban, on 25 parcels located between Julia and Cluster Streets (north & south) and Dorothy and Allen Streets (east & west) . Mayor Minor opened the hearing. Michael Hays, Planning and Building Services Director, provided a synopsis of the action taken relative to General Plan Amendment No. 97-03. 16 7/7/1997 Maureen Montoya, 134 E. Julia Street, San Bernardino, CA, voiced opposition to the proposed project. council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council deny General Plan Amendment No. 97-03, based on the findings of fact attached as Exhibit Three in the Staff Report dated June 24, 1997, from the Director of Planning and Building Services. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 96-07 CHANGE LAND USE DESIGNATION - FROM RL, RESIDENTIAL LOW, TO RS/3.1, RESIDENTIAL SUBURBAN, & TENTATIVE TRACT NO. 15743 (A 41-LOT SUBDIVISION) SOUTHWEST CORNER OF WASHINGTON STREET & PALM AVENUE PALM PARTNERS, A CALIFORNIA PARTNERSHIP (48) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 19, 1997, concerning General Plan Amendment No. 96-07 to change the land use designation from, RL, Residential Low, to RS/3.1, Residential Suburban, and Tentative Tract No. 15743 (a 41-1ot subdivision) located at the southwest corner of Washington Street and Palm Avenue. David Mlynarski, Principal, MAPCO, 680 S. Waterman Avenue, Building A, San Bernardino, CA, submitted a letter dated July 1, 1997, in support of the approval of General plan Amendment No. 96- 07. Mayor Minor opened the hearing. Planning and Building Services Director Hays provided a synopsis of the action taken relative to General Plan Amendment No. 96-07. A discussion ensued regarding the pros and cons of the proposed project. Dave Mlynarski, 680 S. Waterman Avenue, San Bernardino, CA, outlined the proposed project and answered questions relative to such. The following individuals expressed opposition to the proposed project: Pam Lowry, 3230 Washington Street, San Bernardino, CA. Bruce Flanders, 3228 Washington Street, San Bernardino, CA. Vickie Flanders, 3228 Washington Street, San Bernardino, CA. Candy Merenda, 3322 Washington street, San Bernardino, CA. 17 7/7/1997 Aleta Driskill, 3312 Washington street, San Bernardino, CA. Ronald Hamer, 1484 Red Hill, Upland, CA, urged the Mayor and Council to approve said project. Deputy City Attorney Empeno explained that a lawsuit had been filed which resulted in the Verdemont area being designated for large-lot projects. Hence, the approval of the project would be contrary to the previous action taken. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (48) Council Member Devlin made a motion, Member Anderson, and unanimously carried, closed. seconded by Council tha t the hear ing be DEPUTY CITY ATTORNEY EMPENO EXCUSED At 12:01 p.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. city Attorney Penman provided a synopsis of the action taken relative to the lawsuit filed which is reflected in the current provisions of the city's general plan. council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that General Plan Amendment No. 96-07 be denied in concept; and that the matter be continued to the Mayor and Council meeting of July 21, 1997, for the adoption of the findings of fact. RECESS MEETING At 12:06 p.m., Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2:00 p.m. in the Council Chambers of city Hall. RECONVENE MEETING At 2:03 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, Curlin, 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 Member Arias. 18 7/7/1997 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 2:03 p.m., Chairman Minor 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. RE-APPOINTMENTS - MOBILE HOME BOARD - BILL HANKS, RUSSELL PIPER & DORIS J. WALLACK - MAYOR MINOR (R2) NOTE: No backup material was distributed, therefore, it will not be available for reference. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the re- appointments of Bill Hanks, Russell Piper and Doris J. Wallack to the Mobile Home Board, as requested by Mayor Minor, be approved. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular, supplemental and addendum to the supplemental agendas of the Community Development Commission/san Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated communities Financing Authority and Mayor and Common council, be waived. RES. 97-205 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ARROWHEAD UNITED WAY. (R5B) RES. 97-206 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY LIBRARY. (R5C) 19 7/7/1997 RES. 97-207 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CASA RAMONA. (R5D) RES. 97-208 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ASA LEARNING CENTER. (R5E) RES. 97-209 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY COMMUNITY SERVICES DEPARTMENT. (R5F) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that Resolution No. 97-180 be rescinded; and that said resolutions be adopted. The motion carried and Resolution Nos. 97-205, 97-206, 97-207, 97-208 and 97-209 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2:14 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,500,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (RSlA) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN LEASE REVENUE BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING A CERTAIN LEASE AGREEMENT AND THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO. (RS1C) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. ~ 20 7/7/1997 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. ~ Council Member Devlin made a motion that said resolutions be continued to Wednesday, July 9, 1997, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. City Attorney Penman expressed concern regarding the variation in said resolutions. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be continued to Monday, July 14, 1997, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Anderson, None. Abstain: Council Member Curlin. Absent: Arias. Ayes: Council Miller. Nays: Council Member 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 CITY ATTORNEY PENMAN EXCUSED At 2:24 p.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 3:08 p.m., Senior Assistant city Attorney Carlyle and Economic Development Agency special Counsel Sabo left the council meeting and were replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 3:08 p.m., Economic Development Agency Administrator steinhaus left the council meeting and was replaced by Planning and Building Services Director Hays. 21 7 f7 / 1997 PUBLIC HEARING - APPEAL - PLANNING COMMISSION'S APPROVAL - CONDITIONAL USE PERMIT NO. 97-01 & PARCEL MAP NO. 15038 20-SCREEN THEATER COMPLEX & RETAIL STRUCTURES NORTHWEST CORNER OF 4TH & "E" STREETS - MANO MANAGEMENT, INC. (49) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated June 26, 1997, concerning Conditional Use Permit No. 97-01 and Parcel Map No. 15038 for the construction of a 20-screen theater complex and retail structures at the northwest corner of 4th and "E" Streets. Mayor Minor explained that as a result of a death in the appellant's family, the appellant had requested a continuance. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimoUSly carried, that the matter be continued to the Mayor and Council meeting of July 21, 1997. CITY ATTORNEY PENMAN EXCUSED At 3:10 p.m., city Attorney Penman left the council meeting and was replaced by Senior Assistant city Attorney Carlyle. PLANNING AND BUILDING SERVICES DIRECTOR HAYS EXCUSED At 3:10 p.m., Planning and Building Services Director Hays left the council meeting and was replaced by city Administrator Wilson. ~ 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 3:10 p.m., Chairman Minor reconvened 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. At this time, the Mayor and Common council, community Development commission, took action Development Commission items. acting as the on community SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:14 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by city Attorney Penman. 22 7/7/1997 RES. 97-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO FILE A LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM AWARD APPLICATION WITH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE (BJA) ON BEHALF OF THE POLICE DEPARTMENT FOR LAW ENFORCEMENT SUPPORT EXPENDITURES FOR EQUIPMENT, TECHNOLOGY, AND OVERTIME. (CONTINGENT UPON THE AVAILABILITY OF FUNDING FOR THE REQUIRED CITY MATCH.) (40) Police Captain Bob curtis answered questions regarding the intended use of the grant funds. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-210 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. AUTHORIZE PAYMENT - INDEPENDENT CITIES COVERAGE $442,956 - FISCAL YEAR EXCESS POOL (BICEP) 1997/98 - BIG LIABILITY (41) Edward Raya, Director of Risk Management, submitted a Staff Report dated June 25, 1997, requesting authorization to renew the city's liability insurance with the Big Independent cities Excess Pool (BICEP). Risk Management Director Raya answered questions concerning the use of outside insurance firms and explained that BICEP requires that a three-year cancellation notice be given. A discussion was held regarding the pros and cons of using BICEP or pursuing outside coverage. City Administrator Wilson advised the Mayor and Council to approve the matter and within 30 days staff would return with its findings as to whether or not it would be feasible to obtain outside coverage. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that the payment of $442,956 as the city'S cost of continuing participation in the Big Independent Cities Excess Pool (BICEP) program be authorized; that staff look into the possibility of providing BICEP with a cancellation notice; and that such information be provided at the Mayor and Council meeting of September 2, 1997. 23 7 J7 /1997 AUTHORIZE PAYMENT - $40,777 - FISCAL YEAR 1997/98 - BIG INDEPENDENT CITIES EXCESS POOL (BICEP) - EXCESS WORKERS' COMPENSATION COVERAGE - NATIONAL UNION INSURANCE COMPANY (42) Edward Raya, Director of Risk Management, submitted a staff Report dated June 25, 1997, requesting authorization to renew the city's excess workers' compensation coverage. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the renewal of the excess workers' compensation insurance for a term of July 1, 1997 through June 1, 1998, at a cost of $40,777, be authorized. RES. 97-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (Continued from June 16, 1997) (43A) RES. 97-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-210 BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC., RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (continued from June 16, 1997) (43B) ~ Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the report on the feasibility of city employees performing weed abatement services be received and filed; and that said resolutions be adopted. The motion carried and Resolution Nos. 97-211 and 97-212 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Anderson. Absent: Council Member Arias. DISCUSS - CITY HALL REFINANCING FUNDS - FISCAL YEAR 1997/98 - BUDGET BALANCING MEASURES - (continued from June 30, 1997) (44) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to Monday, July 14, 1997, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Anderson, None. Abstain: Council Member Curlin. Absent: Arias. Ayes: Council Miller. Nays: Council Member 24 7/7/1997 RES. 97-213 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SIMON WIESENTHAL CENTER RELATING TO THE JACKIE ROBINSON 50TH ANNIVERSARY BASEBALL EXHIBIT ENTITLED "STEALING HOME: HOW JACKIE ROBINSON CHANGED AMERICA" TO BE TEMPORARILY DISPLAYED AT THE SAN BERNARDINO BASEBALL STADIUM. (S1) Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-213 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. CLOSED SESSION ANNOUNCEMENT - (Discussed earlier in the meeting - page 1) (1&S2) city Attorney Penman announced that the city paid $650,000 as a settlement in Tomas Armendariz. et al. vs. James F. Penman. et al. - United States District Court Case No. CV 91-5757 CBM (JRx). Council Member Curlin noted that the city paid over $1,000,000 in legal fees. ADJOURNMENT At 3:42 p.m., the regular meeting of the Mayor adjourned to Monday, July 14, 1997, at 9:00 a.m., in Chambers of city Hall, 300 North "D" Street, San California. (50) and Council the Council Bernardino, RACHEL G. CLARK City Clerk By ~~_~~ uzanna ordova Deputy Clty Clerk No. of Items: 57 No. of Hours: 6 25 7/7/1997 MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JULY 14, 1997 This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting held at 8:01 a.m., Monday, July 7, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, July 7, 1997, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 8:15 a.m., Tuesday, July 8, 1997, on the door of the place at which said meeting was held. The joint adjourned 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 9:03 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Miller with the following being present: Mayor Minor: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Miller; City Administrator Wilson. Absent: Council Members Curlin, Arias. READING OF RESOLUTIONS Deputy City Clerk Miller read the titles of all the resolutions on the regular agendas of the Mayor and Common Council and the Community Development Commission. BUDGET DELIBERATIONS - FISCAL YEAR 1997/98 - DISCUSS & TAKE ACTION - (Continued from July 7, 1997) (1) Fred Wilson, City Administrator, submitted a memorandum dated July 10, 1997, concerning the options available for balancing the fiscal year 1997/98 budget. City Administrator Wilson provided a synopsis of the action taken relative to the fiscal year 1997/98 budget reduction measures which total $2,680,900, presented available options to meet the remaining deficit and answered questions relative to such. 1 7/14/1997 Barbara Pachon, Director of $300,000 savings factor relative vacancies was derived. Finance, explained to the anticipated how the position It was the consensus of the Council that the budget reductions recommended by the Finance Department be tabled. Bob Neves, 2348 Sterling Avenue #439, expressed concern regarding the installation 5th and "G" Streets. San Bernardino, CA, of street lights at Jim increase relative Howell, Director on refuse may to such. of Public Services, be inevitable and stated that a rate answered questions Lynn Merrill, Acting Solid Waste Manager, answered concerning the negotiations currently being held establishment of a waste disposal agreement. questions for the Council Member Negrete made a motion, seconded by Council Member Devlin, that the waste disposal issues be held in abeyance. (Note: There was no vote taken.) Council Member Negrete made a substitute motion, seconded by Council Member Devlin, and unanimously carried, that the fiscal year 1997/98 budget be amended to reflect a savings of $330,000 in anticipation of an agreement with the County of San Bernardino for the reduction of tipping fees. (Note: Not a general fund reduction and is not included in total.) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,500,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Continued from July 7, 1997) Option I (R1) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN LEASE REVENUE BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING A CERTAIN LEASE AGREEMENT AND THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO. (Continued from July 7, 1997) Option I (R1) 2 7/14/1997 RES. J-42 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $11,500,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Continued from July 7, 1997) Option II (Rl) RES. 97-214 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN LEASE REVENUE BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING A CERTAIN LEASE AGREEMENT AND THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO. (Continued from July 7, 1997) Option II (R1) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Continued from July 7, 1997) Option III (R1) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (Continued from July 7, 1997) Option III (R1) Economic Development Agency Special Counsel Saba provided a synopsis of the action taken relative to the options available for the bond refinancing of the central library and the fire station and explained the differences between each option. Rhonda Connolly, Miller & Schroeder, answered questions regarding the payoff amount for the bonds issued for the central library and the fire station. Jim Howell, Director of Public Services, answered questions concerning the urgency of the required rehabilitation to the city's fuel station. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the following budget reduction measures be approved: Computer Funds Lease of City Yards to Refuse $ 521,000 464,000 3 7/14/1997 Fund Street Lighting with Gas Tax Funds Increased Vacancy Factor Utility Users Tax Revenue Consolidate Street Sweeping with the Refuse Division Option II (EDA Agenda) - Bond Refinancing 370,100 300,000 100,000 428,800 150,000 Subtotal: Previous Shortfall: Total (General Fund Balance) : $2,333,900 2,119.200- 214,700 35,000-* 179,700+ Actual (General Fund Balance) : ---------- ---------- *On June 30, 1997, the Mayor and Common Council approved the issuance of refinancing bonds for the central library and fire station which would result in a potential savings of $545,000, $45,000 of which was an estimation. Since that date, the actual amount equates to $35,000. However, because Option II was approved, the $35,000 will not be realized thereby necessitating said deduction. The motion carried and Resolution adopted by the following vote: Ayes: Oberhelman, Devlin, Anderson, Miller, Council Members Curlin, Arias. Nos. J-42 and 97-214 were Council Members Negrete, Nays: None. Absent: City Attorney Penman expressed concern regarding the limited funds available for street renovations. Mayor Minor directed staff to prepare the following for Council consideration: the establishment of a street lighting and traffic signal assessment district, the establishment of a street sweeping assessment district and an operation tax for the library. A discussion was held concerning the future goals of and the possibility of creating budget enhancements. expressed their desire to continue receiving updated reports. the city Council budget Skip Kulikoff, President, San Bernardino Professional Firefighters Association, Local 891, commended the Mayor and Council and recommended that the Code Compliance Division be consolidated with the Fire Department to streamline efforts in providing health and safety to the residents of the city. 4 7/14/1997 Barbara Pachon, encumbrances to date, amounted to $723,400. Director of Finance, stated that the for the emergency medical service operation, A discussion ensued regarding the mechanisms available to absorb the expenses for the emergency medical service operation. ADJOURNMENT At 10:34 a.m., the meeting will be held on Chambers of City Hall, California. (2) meeting adj ourned. The next regular Monday, July 21, 1997, in the Council 300 North "D" Street, San Bernardino, RACHEL G. CLARK City Clerk By ~~~~ S zanna Cor ova eputy City Clerk No. of Items: 3 No. of Hours: 1.5 Hrs. 5 7/H/1997