HomeMy WebLinkAbout07-21-1997 Minutes
,
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 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 8:04 a.m., Monday, July 21, 1997,
in the Council Chambers of City Hall, 300 North nD" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Wilson. Absent: Council
Members Curlin, Arias.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Kenneth J. Henderson. et al. vs. Economic Development Aqencv.
et al. - San Bernardino Superior Court Case No. SCV 38695.
RECESS MEETING - CLOSED SESSION
meeting - page 19)
At 8:04 a.m., the Mayor and
Development Commission recessed
following:
Common Council and
to closed session
(Discussed later in the
(1)
Community
for the
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
DeShawn Crawford vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 33527.
B.
Conference with legal counsel
significant exposure to
subdivision (b) of Government:
- anticipated litigation -
litigation pursuant to
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 counse~ - personnel - pursuant to
Government Code Section 5495,.
1
7/21/97
CLOSED SESSION
At 8:04 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Wilson. Absent: Council
Members Curlin, Arias.
Also present: Senior Assistant City Attorneys Carlyle and
Simmons, Deputy City Attorneys Easland and Coleman, and
Administrative Operations Supervisor Anderson, City Attorney's
Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and t.he 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.
DEPUTY CITY ATTORNEY COLEMAN EXCUSED
At 8:16 a.m., Deputy City Attorney Coleman left the closed
session.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 8:23 a.m., Deputy City Attorney Easland left the closed
session.
ADJOURN CLOSED SESSION
At 8:44 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:01 a.m., Mayor Minor reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken
following being present:
Curlin, Oberhelman, Devlin,
City Clerk Rachel Clark,
Council Member Arias.
by City Clerk Rachel Clark with the
Mayor Minor; Council Members Negrete,
Anderson, Miller; City Attorney Penman,
Ci ty Administrator Wilson. Absent:
2
7/21/97
INVOCATION
The invocation was given by Major Russell Fritz of the
Salvation Army.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
APPOINTMENTS
COMMISSIONERS
COMMISSION
CONNIE
PRATAP
RODRIGUEZ,
CHAMPSI,
BOARD
HUMAN
OF FIRE
RELATIONS
(2A & 86)
Mayor Minor submitted Staff Reports dated July 14, 1997, and
July 15, 1997, respectively, recommending the appointment of Connie
Rodriguez to the Board of Fire Commissioners as requested by
Council Member Negrete; and the appointment of Pratap Champsi as
one of the Mayor's alternate members of the Human Relations
Commission.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the appointments of
Connie Rodriguez to the Board of Fire Commissioners and Pratap
Champsi to the Human Relations Commission, as requested by Council
Member Negrete and Mayor Minor, be approved.
Ms. Rodriguez and Mr. Champsi accepted their resolutions of
appointment.
PROCLAMATION - AMERICA'S NIGHT OUT AGAINST CRIME - AUGUST
5, 1997 (3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring August 5, 1997, as America's Night Out
Against Crime in the City of San Bernardino, wherein residents
across the nation were being asked to lock their doors, turn on
outside lights, and spend the evening outside with neighbors and
police and participate in this National Night Out.
Jewell Rabb and Bonnie Mills accepted the proclamation.
CELEBRATION - CITY OF
& COMMUNITY SERVICES
YEARS OF SERVICE
SAN BERNARDINO - PARKS, RECREATION
SENIOR NUTRITION PROGRAM - 20
(3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending the City's Senior Nutrition Program, which
has served the community for twenty years and is administered by
the Parks, Recreation and Community Services Department, which is
hosting a celebration beginning Monday, July 21.
Michael Miller,
on behalf of the
Department.
Nutritional Dietitian, accepted the resolution
Parks, Recreation and Community Services
3
7/21/97
EMPLOYEE RECOGNITION AWARDS CEREMONY
(3)
In a memorandum dated June 17, 1997, Les Fogassy, Chairman of
the Employee Recognition Selection Committee, stated that the
following individuals were chosen as the 1997 First Quarter
Employee Recognition Award recipients:
Cateqorv
Emplovee
Management/Confidential
Mid-Management
Safety
General
John Murphy
Vashtie Dowdy
Dean Colby
Richard Morales
Department
Finance
Facilities Management
Police
Public Works
John Murphy, Vashtie Dowdy, Dean Colby and Richard Morales
accepted their award.
SERVICE PIN AWARDS (3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the following employees who received a service pin
award in recognition of their many years of dedicated service to
the city:
Name
Al Williams
Robert Elston
Russell Peterson
Michael Smith
Stephen Lopez
Michael Clark
Ruben Campos
Richard Chandler
Herman Riley
Leonard Munz
George Palmer
Department
Code Compliance
Facilities Management
Fire
Fire
Fire
Library
Parks, Recreation and
Community Services
Police
Public Services
Public Works/Engineering
San Bernardino Employment
& Training Agency
Years of Service
20-year pin
10-year pin
15-year pin
20-year pin
20-year pin
25-year pin
25-year pin
5-year pin
25-year pin
10-year pin
5-year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson announced that the Jackie Robinson
exhibit had its grand opening at the stadium on July 19, and the
exhibit would continue until August 20. Mrs. Anderson thanked Dr.
Juanita Scott for her part in bringing the display to San
Bernardino and all sponsors.
4
7/21/97
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman stated that the opening ceremony of
the Jackie Robinson exhibit was a marvelous kickoff to the game,
which had record breaking attendance. He complimented Ernie Wilson
and Linda Jenkins of the Mayor's Office for their participation in
coordinating this event.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin expressed his objection to recent
reporting in The Sun newspaper, stating that the paper tended to
paint the Council with a broad brush one minute and being very
specific the next. He also stated he was glad to have attended the
Jackie Robinson exhibit; and reported that a very successful
cleanup day had recently been held in the Second Ward.
PUBLIC COMMENTS - SUSAN ROGERS
(5)
Susan Rogers, a resident of San Bernardino, CA, stated that
more and more people are being court ordered to attend Alcoholics
Anonymous and Narcotics Anonymous meetings and asked the City to
consider a small grant for these two worthy organizations.
PUBLIC COMMENTS - ROBERT NEVES
(5)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
announced that on Saturday, July 26, from 4:00-6:00 p.m. at Balboa
Park in San Diego, there would be a Disability Independence Day
celebration. He presented an overview of the events preceding the
passage seven years ago of the Americans with Disabilities Act.
PUBLIC COMMENTS - VINCENT TROZERA
(5)
Vincent Trozera, 27458 Norwood Street, Highland, CA, thanked
Mayor Minor and Council Member Oberhelman for their assistance in
attempting to resolve an "eyesore" problem at Highland Avenue and
Medical Center Drive.
PUBLIC COMMENTS - ROBERT REGO
(5)
Robert Rego, 123 East 11th Street, San Bernardino, CA, stated
that four years ago Patricia Campbell had begun a campaign to clean
up 377 East Gilbert Street. Recently, July 19 was designated as
cleanup day, and with the help of contractors enlisted by Ms.
Campbell, We The People, ASA Learning Center, Perris Hill
Neighborhood Association, and the City's Code Compliance Division
the cleanup day proved to be a great success.
5
7/21/97
PUBLIC COMMENTS - FREDDIE SPELLACY
(5)
Freddie Spellacy, 3420 Beverly Drive, San Bernardino, CA,
Director of the Neighborhood Cluster Association, expressed support
for the Code Compliance Division and was opposed to any
reorganization of the division, stating that they do a good job and
have been a tremendous help to ::he Neighborhood Cluster
Association.
CITY ATTORNEY PENMAN EXCUSED
At 9:48 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Carlyle.
PUBLIC COMMENTS - BILL ROGERS
(5)
Bill Rogers, 1482 East Davidson Street, San Bernardino, CA,
responded to comments made by Council Member Arias in her response
to the charges levied by the proponents of her recall.
PUBLIC COMMENTS - EVELYN WILSON
(5)
Evelyn Wilson, a resident of San Bernardino, thanked the Code
Compliance Division for coming out in force with their manager,
Bill Skiles, for the cleanup in the second ward on July 19 and
expressed opposition to the restructuring of the Code Compliance
Division. She also expressed concern over the lawsuits resulting
from the City's demolition of various structures.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 9:55 a.m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
PUBLIC COMMENTS
(5)
Gloria Rogers, 1482 East Davidson Street, San Bernardino, CA,
addressed comments made at a previous Council meeting by City
Attorney Penman, stating that he had belittled their recall attempt
of Council Member Arias. She stated that the proponents have legal
reasons for the recall, and that Mr. Penman drafted Measure Sand
tried to fool the voters in the special election.
PUBLIC COMMENTS - TED HUMANN
(5)
Ted Humann, 1643 Gould Street, San Bernardino, CA, stated that
City Attorney Penman was totally wrong in accusing Mr. Hernandez of
starting the recall of Council Member Arias.
PUBLIC COMMENTS - JEAN HALLOCK
(5)
Jean Hallock, 928 Rosewood Drive, San Bernardino, CA, stated
that City Attorney Penman has tripled his departmental budget and
doubled his own salary. She advocated the need for Charter reform.
6
7/21/97
PUBLIC COMMENTS - MIKE EGELHOFF
(5)
Mike Egelhoff, 1213 Laurelwood, San Bernardino, CA, stated
that people are tired of the waste from the City Attorney's Office.
PUBLIC COMMENTS - MARJORIE HALL
(5)
Marjorie Hall, a San Bernardino resident, spoke disparagingly
of City Attorney Penman, stating that he had cost the City over $1
million.
PUBLIC COMMENTS - GORDON McGINNIS
(5)
Gordon McGinnis, 2528 York Court, San Bernardino, CA, stated
that the recall of Council Member Arias was initiated by
constituents of the Third Ward; that these people have been totally
unable to get any help from their Council Member.
PUBLIC COMMENTS - JAY LINDBERG
(5)
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke on
winning the drug war, prisons, and the 12 commandments of the rich.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin thanked Mayor Minor and Harold Duffy for
helping to bring the Jackie Robinson display from the Museum of
Tolerance. He expressed special appreciation to the chairman of
the Human Relations Commission for his part in obtaining and
bringing the exhibit to San Bernardino.
ANNOUNCEMENTS - CITY ATTORNEY PE~lAN
(4)
City Attorney Penman stated he had heard a great deal of
misinformation from the former speakers and spoke in rebuttal to
some of the allegations made against him and his office.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson stated that Dr. Juanita Scott had been
responsible for bringing the idea of the Jackie Robinson exhibit to
the Human Relations Commission.
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.
7
7/21/97
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 July 15, 1997, from the Finance Director, 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 July 10, 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.
ORD. MC-998 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTIONS 3.52.070, 3.52.13 0 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. Final (10)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said ordinance be adopted.
Ordinance No. MC-998 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Arias.
COUNCIL MEMBER ARIAS ARRIVED
At 10:24 a.m., Council Member Arias
meeting and took her place at the Council
arrived at the Council
table.
COUNCIL MINUTES
(7)
Warner Hodgdon, 3295 Broadmoor Boulevard, San Bernardino, CA,
took exception to the public comments attributed to him in the
minutes of the June 2, 1997, Council meeting, stating that they
were grossly inaccurate and misleading. He requested that the
minutes be corrected and submitted a verbatim text of his comments
of June 2, 1997, for inclusion in the correction.
Discussion ensued regarding how much information
included in public comments and the possibility of
precedent by doing a verbatim translation of same.
should be
setting a
City Attorney Penman complimented City Clerk Rachel Clark on
the exemplary work done by her office, stating that his office
routinely reviews the minutes of the Council meetings and anyone
reading them would come away wi th a good understanding of the
meeting.
8
7/21/97
Council Member Devlin made a motion, seconded by Council
Member Miller, and unanimously carried, that the minutes of the
following meeting of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form,
corrected to include a verbatim transcript on page 5 under PUBLIC
COMMENTS - WARNER HODGDON, as submitted by Mr. Hodgdon: June 2,
1997.
ORD. MC-999 - 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. Final (11)
City Attorney Penman explained that this ordinance would
remove the sunset clause from the current ordinance, allowing the
.5 percent increase to the service users tax to continue
indefinitely. However, due to the requlrements of Proposition 218
it must go to the voters for approval and would only become
effective if approved by a majority of the voters voting in an
election held on or before June 30, 1998.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said ordinance be adopted.
Ordinance No. MC- 999 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: Council Member Curlin. Absent: None.
RES. 97-215 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO DETERMINING FAIR MARKET
VALUE AND SALES PRICE OF $70,300 AND DECLARING THE
INTENTION TO SELL THAT CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF TENTH STREET, EAST OF FLORES STREET TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND
SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-215 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 97-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC.,
FOR PAVEMENT REHABILITATION ON UNIVERSITY PARKWAY,
BETWEEN COLLEGE AVENUE AND KENDALL DRIVE; WATERMAN
AVENUE, BETWEEN FIFTH STREET AND SEVENTH STREET; AND MILL
STREET, BETWEEN SIERRA WAY AND "E" STREET. (13)
9
7/21/97
RES. 97-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC.,
FOR PAVEMENT REHABILITATION ON HOSPITALITY LANE BETWEEN
SOUTH "E" STREET AND WATERMAN AVENUE, AND ON LENA ROAD,
BETWEEN MILL STREET AND RIALTO AVENUE. (14)
Bob Neves, 2348 Sterling, #439, San Bernardino, CA, expressed
concern about the inclusion of curb ramps, stating that he would
like to see the Council make a policy decision that curb cuts would
be done routinely.
Mayor Minor stated that curb cuts had been included for these
items.
The Council discussed setting a PO_1CY relative to curb cuts,
and Mayor Minor suggested that a meeting be called for discussion
of this matter.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolutions be adopted.
Resolution Nos. 97-216 and 97-217 were
following vote: Ayes: Council Membe~s Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
adopted
Curlin,
Absent:
by the
Arias,
None.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
12, BY REPEALING CHAPTERS 12.04 AND 12.08 OF THE SAN
BERNARDINO MUNICIPAL CODE ENTITLED "EXCAVATIONS" AND
"ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITS
FOR EXCAVATIONS AND ENCROACHMENTS INTO PUBLIC RIGHT-OF-
WAY BY ADDING CHAPTER 12.03 ENTITLED "RIGHT-OF-WAY
PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS."
First (18)
Council Member Devlin made a motion, seconded
Member Anderson, and unanimously carried, that the
referred to the Legislative Review Committee.
by Council
matter be
RES. 97-218 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT
AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY
FOR THE YEAR 1997. (29)
David Kennedy, City Treasurer, explained a few minor changes
made to the annual Statement of Investment Policy and reminded the
Council of their oversight responsibilities regarding City
investments.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
10 7/21/97
Resolution No. 97-218 was
Ayes: Council Members Negrete,
Anderson, Miller. Nays: None.
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Absent: None.
RECESS MEETING
At 10:41 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10: 48 a. m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Wilson. Absent: Council Members
Curlin, Anderson.
REORGANIZATION - CODE ENFORCEMENT DIVISION
(S2)
Council Member Oberhelman submitted a Staff Report dated July
17, 1997, regarding possible reorganization of the Code Enforcement
Division.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
COUNCIL MEMBER CURLIN RETURNED
At 10:49 a.m., Council Member Curlin returned to the Council
meeting and took his place at the Council table.
AUTHORIZE RESOLUTION OF SUPPORT SENATE BILL 500
SENATOR POLANCO - PROHIBIT MANUFACTURE & SALE/TRANSFER IN
CALIFORNIA - HANDGUNS - "SATURDAY NIGHT SPECIALS" (23)
Council Member Devlin submitted a Staff Report dated July 8,
1997, recommending that the City Attorney be directed to form a
resolution in support of Senate Bill 500--a bill prohibiting the
manufacture and sale/transfer in California of handguns commonly
known as "Saturday Night Specials"--and forward same to the State
Legislature.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE PURCHASE OF THE TIBURON
INC., COMPUTER AIDED PUBLIC SAFETY SYSTEM (CAPS) AS AN
UPGRADE TO THE CITY'S EXISTING POLICE RECORDS MANAGEMENT
SYSTEM. (24A)
11
7/21/97
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE PURCHASE OF A CITY NETWORK
UPGRADE FROM SPIRE TECHNOLOGIES, INC. (24B)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MODIFICATION OF EXISTING
PUBLIC SAFETY DISPATCH CONSOLES AND THE UPGRADING OF
DISPATCH "READY RECALL RECORDERS." (24C)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MOVEMENT AND UPGRADING OF
THE POLICE DEPARTMENT'S SECURE CLETS (CALIFORNIA LAW
ENFORCEMENT TELECOMMUNICATIONS SYSTEM) LINK FROM CITY
HALL TO THE CENTRAL POLICE FACILITY. (24D)
Note: The resolutions were not distributed; therefore, they
are not available for reference.
Council Member Curlin made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of August 4, 1997.
COUNCIL MEMBER ANDERSON ARRIVED
At 10:50 a.m., Council Member Anderson arrived at the Council
meeting and took her place at the Council table.
RES. 97-219 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 84, REVISION NO. ONE, OF LOCAL
AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT
OF TRANSPORTATION, RELATING TO THE ACQUISITION OF RIGHTS-
OF-WAY, CONSTRUCTION ENGINEERING AND CONSTRUCTION FOR
EXTENSION OF ORANGE SHOW ROAD. (16)
Council Member Miller made a motion, seconded by Council
Member Negrete, that the allocation for Account No. 242-342-5504-
1996, Extension of Orange Show Road, from Arrowhead Avenue to
Tippecanoe Avenue, be increased by $300,000, in order to reflect
the anticipated additional revenue; and that said resolution be
adopted.
The motion carried, and Resolution No. 97-219
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
PUBLIC HEARING - IMPOSE LIENS ON CERTAIN PARCELS OF REAL
PROPERTY LOCATED IN CITY OF SAN BERNARDINO
UNCOLLECTED BUSINESS REGISTRATION FEES (15)
12
7/21/97
City Clerk Rachel Clark submitted a Staff Report dated July 3,
1997, requesting authorization to impose liens on certain parcels
of real property located within the City of San Bernardino for
uncollected business registration fees.
Mayor Minor opened the hearing.
There were no comments received from the public.
Council Member Arias stated that she would like to see these
proposed liens taken to small claims court, to determine whether it
would be a more feasible way of collecting this money.
City Clerk Rachel Clark stated that it would be less cost
effective and take considerably more time and effort to go through
the small claims court process.
City Attorney Penman added that this could create a problem
because attorneys are not allowed in small claims court.
There was a consensus of opinion that the City should be
tougher with out of town owners.
Council Member Arias stated she would like this issue explored
further.
RES. 97-220 - 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. (15)
Council Member Curlin made a motion, seconded by Council
Member Anderson, that the hearing be closed; that the City Clerk be
directed to administratively remove any properties from Exhibit A
which have been paid prior to the hearing; and that said resolution
be adopted.
The motion carried, and Resolution No. 97-220
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
RES. 97-221 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-
46 TO LIMIT THE SPEAKING TIME OF COUNCIL MEMBERS TO 3
MINUTES UNTIL THE MAYOR AND ALL OTHER COUNCIL MEMBERS
HAVE HAD AN OPPORTUNITY TO SPEAK. (Sl)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted. (Note: There
was no vote taken.)
13
7/21/97
Council Member Devlin stated that he had brought this item
forward simply as a matter of equity--that oftentimes other members
of the Council forget the point they want to make or a question
they want to ask because other members have spoken for such a long
time.
Council Member Devlin made a substitute motion, seconded by
Council Member Oberhelman, that said resolution be adopted, as
amended to change the dates, include the City Attorney, City
Administrator and City Clerk, and also include announcements of
everyone seated at the dais. (Note: There was no vote taken.)
The Council discussed who would be required to track the time;
whether announcements should also be included; whether the same
ruling should be adopted for the Community Development Commission;
whether all staff seated at the dais should be included such as the
City Attorney, City Administator, and City Clerk; whether one
Council Member could give his time to another Council Member, and
the restraints imposed on the Council by the Brown Act.
Council Member Arias made a motion, seconded by Council Member
Curlin, that the matter be referred to the Legislative Review
Committee.
The motion failed by the following vote: Ayes: Council
Members Negrete, Curlin, Arias. Nays: Council Members Oberhelman,
Devlin, Anderson, Miller. Absent: None.
City Attorney Penman pointed out that in actuality there is no
provision in the Brown Act for announcements, and that the Council
rules call for the immediate recognitior. of the City Attorney, City
Administrator, or City Clerk, if they raise their hands, when the
person speaking finishes. He stated tllat he assumed the Council
was talking about time limits on noninformational matters.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted, as amended, to
change the dates in the resolution and include the City Attorney,
City Administrator, and City Clerk. Further, that the Community
Development Commission rules reflect this change also; and that the
Legislative Review Committee review the action in six months.
(Note: Said resolution was considered by Council in 1995, but was
not adopted, necessitating a change in the resolution dates.)
The motion carried, and Resolution No. 97-221 was adopted by
the following vote: Ayes: Council Members Oberhelman, Devlin,
Anderson, Miller. Nays: Council Members Negrete, Curlin, Arias.
Absent: None.
RESPONSE TO NORCAL PROPOSAL OF JlmE
LANDFILL SOLID WASTE MANAGEMENT
SERVICE AGREEMENT
14
26, 1997 - COUNTY
PARTICIPATION &
(S5)
7/21/97
James R. Howell, Director of
Staff Report dated July 16, 1997,
Norcal proposal of June 26, 1997.
Public Services, submitted a
regarding a response to the
Council Member Oberhelman made a ~otion, seconded by Council
Member Devlin, that staff be directed to proceed with Public
Services' agreement with the County at this time. (Note: There
was no vote taken.)
City Administrator Wilson noted that copies of the agreement
had only been distributed this date, and suggested that staff be
allowed time to review the agreement and consider the matter during
the next couple of weeks.
Several Council Members expressed the opinion that more time
would be needed before they could make a decision on this matter,
that the attorney for the group of cities involved had advocated
not rushing into anything, and they wanted to move slowly and
cautiously.
Council Member Oberhelman stated that there were two separate
issues: 1) the agreement being negotiated by Mr. Merrill and the
fifteen other cities, and 2) the agreement which had been submitted
by the County/Norcal. He added that the "most favored nation"
clause in the County's document would protect the City, and that it
was important not to lose the momentum of the negotiations.
Council Member Curlin made a motion,
Member Negrete, and unanimously carried,
continued to the Mayor and Council meeting
seconded by Council
that the matter be
of August 4, 1997.
CITY ADMINISTRATOR WILSON EXCUSED
At 11:45 a.m., City Administrator Wilson left the Council
meeting and was replaced by Michael Hays, Director of Planning and
Building Services.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 97-02
CHANGE GENERAL PLAN LAND USE DESIGNATION FROM RS,
RESIDENTIAL SUBURBAN, TO RU-2, RESIDENTIAL URBAN - 23
PARCELS LOCATED BETWEEN 16TH & 17TH STREETS - 648-652
WEST 16TH STREET (Continued from July 7, 1997)
(Discused later in the meeting - page 23) (33)
Michael Hays, Director of Planning and Building Services,
explained that this project had started as a request to
rehabilitate a vacant triplex, which had lost its legal
nonconforming status. A general plan amendment was needed to start
the rehabilitation process.
15
7/21/97
City Attorney Penman pointed out that making these kinds of
changes has an adverse impact on the City's General Plan and
presented a brief history of past events. Previously, the courts
determined that the City had not been following its General Plan,
and the City suffered serious consequences for not doing so.
Mr. Penman stated that the City is now beginning to see
another unwritten policy happening, wherein general plan amendments
are being approved in piecemeal fashion throughout the City
whenever anyone desires to do so, leaving the City open for legal
action by the courts.
Council Member Anderson thanked Mr. Penman for the historical
information he provided and stated that it would be a great
disservice to the single-family residents in this area to grant
this general plan amendment.
Gary Yeakel, 444 Via Vista Drive, Redlands, CA, owner of the
property, stated that he had rehabilitated over 200 properties in
the City of San Bernardino over the past 30 years. He stated that
prior to bidding on and buying this property, he went to Planning
and Building Services for information relative to the property and
was told that the property was zoned RU-2. He stated that if the
Council denied his request he would have no recourse but to begin
a lawsuit of his own; however, he did not want to do so and hoped
the Council could see his position on this.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL
PLAN AMENDMENT NO. 97-02 TO THE GENERAL PLAN OF THE CITY
OF SAN BERNARDINO. (33)
Council Member Curlin made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed.
Council Member Oberhelman made a motion, seconded
Member Miller, and unanimously carried, that the
approving General Plan Amendment No. 97-02 be denied.
by Council
resolution
RECESS MEETING
At 12:07 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 2:06 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
following being present:
Curlin, Arias, Oberhelman,
by City Clerk Rachel Clark with the
Mayor Minor; Council Members Negrete,
Anderson, Miller; City Attorney Penman,
16
7/21/97
Economic Development Agency Special Counsel Sabo, City Clerk Rachel
Clark, Economic Development Agency Administrator Steinhaus.
Absent: Council Member Devlin.
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 2:06 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.
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.
PUBLIC HEARING - DYNAMIC BINDERY - APPROVE IN CONCEPT -
$10,000 ASSISTANCE PACKAGE NTE $10,000 EMPLOYMENT
LINKAGE AGREEMENT OWNER PARTICIPATION AGREEMENT
INCREASE AGENCY BUDGET ACCORDINGLY (RS)
Todd Hooks, Manager, Office of Business Development, Economic
Development Agency, submitted a Staff Report dated July 16, 1997,
regarding a $10,000 assistance package to Dynamic Bindery, an
Employment Linkage Agreement in an amount not to exceed $10,000,
execution of an Owner Participation Agreement, and increase to the
Agency budget accordingly.
Mayor Minor opened the hearing.
Mr. Hooks provided background information on Dynamic Bindery,
stating that the company had been in business since the mid '80s,
and that this would be a reimbursable grant which would retain 17
current jobs with the company and add another ten.
No public comments were received.
17
7/21/97
RES. 97-222 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
PROJECT AREAS OF PROVIDING CERTAIN ASSISTANCE (DYNAMIC
BINDERY) . (R5B)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the hearing be closed; that the Mayor and
Common Council and the Community Development Commission approve in
concept a $10,000 assistance package and an Employment Linkage
Agreement in an amount not to exceed $10,000, to Dynamic Bindery in
accordance with the terms and conditions set forth in the Staff
Report; further, that the Agency Administrator be authorized to
draft and execute an Owner Participation Agreement with Dynamic
Bindery, and all other implementing documentation; finally, that
the Agency budget be increased accordingly; and that said
resolution be adopted.
The motion carried, and Resolution No. 97-222 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Anderson, Miller. Nays: None. Absent: Council
Member Devlin.
PUBLIC HEARING - AUTHORIZE SALE - MOBILE HOME PARKS -
PACIFIC PALMS MOBILE HOME PARK - FRIENDLY VILLAGE MOBILE
HOME PARK - ORANGEWOOD MOBILE ESTATES - TROPICANA MOBILE
ESTATES NINTH STREET MOBILE HOME PARK TO SAN
BERNARDINO MOBILE HOME PARK CORPORATION (R6)
Timothy Steinhaus, Economic Development Agency Administrator,
submitted a Staff Report dated July 16, 1997, regarding the sale of
five mobile home parks to the San Bernardino Mobile Home Park
Corporation.
Mayor Minor opened the hearing.
Brooks London, 201 North "E" Street, Suite 207, San
Bernardino, CA, stated that this is the final logical step in the
Mobile Home Park Conversion Program process. He stated that 1,152
mobile home park spaces had been acquired, ranging from 108-260
spaces in a park. He noted that federal funds were used for the
rehabilitation and restoration of the parks, with significant
public response. The parks have been structured so that every
single cent is recouped, and no one has had a rent increase.
No public comments were received.
RES. 97-223 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
TRANSFER OF ORANGEWOOD MOBILE ESTATES FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE
SAN BERNARDINO MOBILEHOME PARK CORPORATION. (R6A)
18
7/21/97
RES. 97-224 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
TRANSFER OF THE FRIENDLY VILLAGE MOBILEHOME PARK FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE
SAN BERNARDINO MOBILEHOME PARK CORPORATION. (R6B)
RES. 97-225 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
TRANSFER OF THE PACIFIC PALMS MOBILEHOME PARK FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE
SAN BERNARDINO MOBILEHOME PARK CORPORATION. (R6C)
RES. 97-226 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
TRANSFER OF THE NINTH STREET MOB=LEHOME PARK FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE
SAN BERNARDINO MOBILEHOME PARK CORPORATION. (R6D)
RES. 97-227 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
TRANSFER OF TROPICANA MOBILE ESTATES FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE
SAN BERNARDINO MOBILEHOME PARK CORPORATION. (R6E)
Council Member Miller
Member Anderson, that the
resolutions be adopted.
made a motion, seconded by Council
hearing be closed; and that said
The motion carried, and Resolution Nos. 97-223, 97-224, 97-
225, 97-226 and 97-227 were adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Anderson,
Miller. Nays: None. Absent: Council Member Devlin.
RECESS MEETING - CLOSED SESSION
the meeting - page 1)
At 2:26 p.m., the Mayor and
Development Commission recessed
following:
Common Council and
to closed session
(Discussed earlier in
(1)
Community
for the
Pursuant to Government Code Section:
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
CLOSED SESSION
At 2:26 p.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
following being present:
by City Clerk Rachel Clark with the
Mayor Minor; Council Members Negrete,
19
7/21/97
Curlin, Arias, Oberhelman, Anderson, Miller; City Attorney Penman,
City Clerk Rachel Clark, Economic Development Agency Administrator
Steinhaus. Absent: Council Member Devlin.
Also present: Senior Assistant City Attorney Carlyle.
ADJOURN CLOSED SESSION
At 3: 01 p. m., the closed session adj ourned to the joint
regular meeting of the Mayor and Common Council and Community
Development Commission in the Council Chambers of City Hall.
RECONVENE MEETING
At 3:02 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,
Curlin, Arias, Oberhelman, Anderson, Miller; City Attorney Penman,
City Clerk Rachel Clark, Director of Planning and Building Services
Hays. Absent: Council Member Devlin.
PUBLIC HEARING - APPEAL - PLANNING COMMISSION APPROVAL -
CONDITIONAL USE PERMIT NO. 97-01 - PARCEL MAP NO. 15038 -
DOWNTOWN THEATER COMPLEX MANO MANAGEMENT, INC.
(Continued from July 7, 1997) (35)
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated July 21, 1997, regarding the appeal
of the Planning Commission's approval of Conditional Use Permit No.
97-01 and Parcel Map No. 15038.
Two downtown merchants submitted letters in support of moving
ahead with the downtown theater project, as follows:
Gregory Luke of Luke & Vondey Jewelers, 240 Carousel Mall, San
Bernardino, CA, faxed an undated letter on July 21, 1997.
Paul M. Quinton, Owner, 361-685 North "E" Street, San
Bernardino, CA, faxed a letter dated July 21, 1997.
Michael Hays, Director of Planning and Building Services, read
a letter dated July 18, 1997, from Harry L. Gershon, Attorney for
the appellant, advising that his client had elected to and did
hereby withdraw and abandon said appeal.
There was no further action on this matter.
20
7/21/97
ORD. MC-1000 - 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. Final (30)
Susan Rogers, a San Bernardino resident, commented on the
number of establishments legally allowed to sell liquor in San
Bernardino.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said ordinance be adopted.
Ordinance No. MC-1000 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 97-02 -
AMEND DEVELOPMENT CODE - ADD DEVELOPMENT STANDARDS
PERMANENT OUTDOOR SALES & DISPLAYS (31)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030 OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING PERMANENT
OUTDOOR SALES AND DISPLAYS. First (31)
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated June 30, 1997, regarding Development
Code Amendment No. 97-02, to amend the Development Code to add
development standards for permanent outdoor sales and displays.
Mayor Minor opened the hearing.
Michael Hays, Director of Planning and Building Services,
presented an overview of the proposed ordinance, stating that the
Planning Commission recommended approval. Mr. Hays also pointed
out a couple of minor revisions in the ordinance, stating that the
new ordinance incorporated said changes, as follows:
Page 1, Item No.1, should read, "
rental merchandise."
for display of new or
Page 2, Item No.6 should read, "The display area should be on
the front or side of the building "
Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA,
stated he would like to add the word "accessible"--that handicapped
spaces must be accessible.
City Attorney Penman stated that the language did prohibit
using handicapped parking for display areas and he saw no reason to
amend the document.
21
7/21/97
Adam Heller, 190 South Arrowhead Avenue, San Bernardino, CA,
stated he has been in business since 1948, and since they began
placing their equipment which is for rent and/or sale outdoors,
their profits have greatly increased. He urged support of the
ordinance.
Council Member Anderson made a motion to close the public
hearing.
The motion failed for lack of a second.
City Attorney Penman asked Mr. Heller if he was aware of the
requirement to add decorative barriers around the merchandise.
Mr. Heller stated he was not aware of said requirement; that
the items are not on the public right-of-way and blocking them off
did not make any sense.
Mayor Minor suggested that the Council send the item back for
a second look and try to come up wit~l an answer that would be
palatable to both the City and the merchants.
City Attorney Penman pointed out that this requirement by the
City could create a liability problem for the property owner.
Council Member Oberhelman questioned the requirement for
landscaping for every 100 square feet of space dedicated to outdoor
items, stating that if barriers are req~ired, as well as 6 percent
landscaping, you have really blocked the view of the merchandise.
City Attorney Penman stated that a legal
problem would be to require any new businesses
these requirements.
solution to the
to conform with
Several Council members expressed concern regarding the
ordinance, since it deals with retail businesses.
Mayor Minor stated he would like this matter referred to the
Legislative Review Committee.
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried that the matter be
referred to the Legislative Review Committee. (Note: Mr. Heller
was to be notified of the meeting date and time.)
DETERMINE PUBLIC CONVENIENCE OR NECESSITY
LIQUOR LICENSE - NOTRICA'S 32ND STREET MARKET -
HIGHLAND AVENUE
TYPE 21
2028 EAST
(32)
22
7/21/97
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated July 1, 1997, recommending that the
Mayor and Council grant the request for a determination of public
convenience or necessity for a Type 21 ~iquor license as requested
by Notrica's 32nd Street Market.
Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA,
stated that there were many inaccessibility items relative to the
property.
Director Hays stated that he had placed the elevation and site
plan in the backup materials for the Council's information and had
referred Mr. Neves to the Public Works Department for further
information.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried. that the Mayor and Common
Council grant the request for a determination that the public
convenience or necessity is served and direct Planning and Building
Services to prepare a letter stating this to the Department of
Alcoholic Beverage Control for a Type 21 liquor license for
Notrica's 32nd Street Market located at 2028 E. Highland Avenue.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 97-02
CHANGE GENERAL PLAN LAND USE DESIGNATION FROM RS,
RESIDENTIAL SUBURBAN, TO RU-2, RESIDENTIAL URBAN - 23
PARCELS LOCATED BETWEEN 16TH & 17TH STREETS - 648-652
WEST 16TH STREET (Continued from July 7, 1997)
(Discussed earlier in the meeting - page 15) (33)
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, to reconsider the
Council's previous action, that the hearing be closed; and that
said resolution which approves General Flan Amendment No. 97-02, be
denied.
City Attorney Penman informed the Council that they should
make the same motion, but to include that the findings of fact be
brought back to the next meeting for approval.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the hearing be closed;
that said resolution which approves General Plan Amendment No. 97-
02 be denied; and that the findings of fact for approval be brought
back to the Mayor and Council meeting cf August 4, 1997.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 96-07
CHANGE GENERAL PLAN LAND USE DESIGNATION FROM RL,
RESIDENTIAL LOW, TO RS/3.1, RESIDENTIAL SUBURBAN
APPROVE TENTATIVE TRACT NO. 15743 - 41 LOT SUBDIVISION -
SOUTHWEST CORNER - WASHINGTON STREET & PALM AVENUE
(Continued from July 7, 1997) (34)
23
7/21/97
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated July 10, 1997, recommending that the
Mayor and Council adopt the findings of fact for denial of General
Plan Amendment No. 96-07 and Tentative Tract No. 15743.
City Attorney Penman explained that this item had been acted
on at the last meeting and was being brought back for approval of
the findings of fact.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council adopt the findings of fact for denial of General Plan
Amendment No. 96-07 and Tentative Tract No. 15743.
DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED
At 3:34 p.m., Director of Planning and Building Services Hays
left the Council meeting and was replaced by City Administrator
Wilson.
RES. 97-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
WITH JESUS OUTREACH MINISTRIES FOR THE SALE AND REMOVAL
OF A CITY OWNED BUILDING LOCATED AT 1214 SOUTH WATERMAN
AVENUE. (17)
Council Member Arias made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. 97-228 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
APPROVE CONTRACT CHANGE ORDER NO. TWO PAVEMENT
REHABILITATION - TIPPECANOE AVENUE, BETWEEN ROUTE 1-10 &
MISSION CREEK - PLAN NO. 9459 - VANCE CORPORATION (19)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated July 2, 1997, requesting approval of
Contract Change Order No. Two with Vance Corporation for pavement
rehabilitation on Tippecanoe Avenue, between Route 1-10 and Mission
Creek.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that Change Order No. Two
to the contract with Vance Corporation, for the pavement
rehabilitation on Tippecanoe Avenue, between Route 1-10 and Mission
Creek, in accordance with Plan No. 9459, be approved to authorize
the removal and replacement of additional areas of trench failures,
and the relocation of existing traffic signal conduit in conflict
with the installation of the storm drain system, at an estimated
increase in the contract price of $21,200.00; from $562,272.00 to
$583,472.00.
24
7/21/97
APPROVE PLANS AUTHORIZE ADVERTISEMENT FOR BIDS
INSTALL STORM DRAIN - FROM MILL STREET & RANCHO AVENUE TO
CHESTNUT STREET & MACY STREET - PLAN NO. 9696 (20)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated July 1, 1997, regarding approval of
plans and authorization to advertise for bids for installation of
storm drain from Mill Street and Rancho Avenue to Chestnut Street
and Macy Street.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the transfer of
$54,500, from Account No. 248-368-3405, "Unappropriated Reserve,"
to Account No. 248-368-5504-7079, "Storm Drain - Mill Street, from
Rancho Avenue to Iris Street," be approved; and that the plans for
installation of a storm drain, from Mill Street and Rancho Avenue
to Chestnut Street and Macy Street, in accordance with Plan No.
9696, be approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
AUTHORIZE EXECUTION BY CITY ADMINISTRATOR LETTER
AGREEMENTS UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY GRANT PERMISSION TO DRILL MONITORING WELLS
WITHIN CITY STREET RIGHTS-OF-WAY (21)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated July 9, 1997, recommending that the
City Administrator be authorized to execute letter agreements with
the United States Environmental Protection Agency relative to
monitoring wells within City street rights-of-way.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the City
Administrator be authorized to execute letter agreements with the
United States Environmental Protection Agency relative to
construction of monitoring wells within City street rights-of-way.
RES. 97-229 - RESOLUTION OF THE CITY OF SAN
APPROVING AN AGREEMENT WITH LIEBERT, CASSIDY
FOR LABOR RELATIONS TRAINING SERVICES.
BERNARDINO
& FRIERSON
(22)
Council Member Anderson made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-229 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
25
7/21/97
RES. 97-230 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY OF SAN BERNARDINO. (25A)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY OF SAN BERNARDINO. First (25B)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted and said ordinance
be laid over for final adoption.
The motion carried, and Resolution No. 97-230 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Anderson, Miller. Nays: None. Absent: Council
Member Devlin.
CERTIFY COMPLIANCE GOVERNMENT CODE SECTION 7507
AUTHORIZE MAYOR TO EXECUTE CERTIFICATION - AMENDMENT TO
CONTRACT - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (26)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated June 25, 1997, regarding the amendment to the contract
between the Board of Administration of the Public Employees'
Retirement System and the City of San Bernardino and certification
of compliance with Government Code Section 7507.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council certify compliance with Government Code Section 7507
and authorize the Mayor to execute said certification.
RES. 97-231 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF
POLICE TO SIGN THE MEMORANDUM OF cmDERSTANDING WITH THE
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT POLICE
ACKNOWLEDGING THE SCHOOL POLICE'S RESPONSIBILITY
REGARDING EVENTS ON OR NEAR SCHOOL CAMPUSES IN THE CITY
OF SAN BERNARDINO. (27)
Council Member Curlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-231 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
26
7/21/97