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HomeMy WebLinkAbout10-20-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 20, 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, October 20, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Ci ty Clerk Clark, City Administrator Wilson. Absent: Council Members Curlin, Arias. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: Richard Jimenez and Bernardino, et al. CV97-0086-RT (RC). Eloisa Bravo Jimenez vs. City of San - United States District Court Case No. RECESS MEETING - CLOSED SESSION meeting - page 5) At 8:01 a.m., the Mayor and Development Commission recessed following: (Referenced later in the (1&S3) Common Council and Community to closed session for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): EDC Consultants vs. URS Consultants, Inc., et al. - San Bernardino Superior Court Case No. SCV 30621; Flovd Walker, Jr. vs. City 0:. San Bernardino - Worker's Compensation Appeals Board Case No. SBR 0232144. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one. 1 10/20/1997 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsec - personnel - pursuant to Government Code Section 5495":. CLOSED SESSION At 8:01 a.m., Mayor Minor called the closed session to order In the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Curlin, Arias. Also present: Senior Assistant Cicy Attorney Carlyle, Deputy City Attorney Easland, 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, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular agenda of !:he 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 ARIAS & DEPUTY CITY ATTORNEY ALDSTADT ARRIVED At 8:07 a.m., Council Member Arias and Deputy City Attorney Aldstadt arrived at the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 8:08 a.m., Deputy City Attorney Easland left the closed session. DEPUTY CITY ATTORNEY ALDSTADT EXCeSED At 8:12 a.m., Deputy City Attorney Aldstadt left the closed session. DIRECTOR OF RISK MANAGEMENT RAYA & SPECIAL COUNSEL PLYLER ARRIVED At 8:12 a.m., Director of Risk Management Raya and Special Counsel Scott Plyler of the law firm of Mark, Bolson, Kuntz and Serembe, 600 North Arrowhead Avenue, San Bernardino, CA, arrived at the closed session. 2 10/20/1997 ADJOURN CLOSED SESSION At 8:15 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:00 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council i\nd Communlty Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; ~ity Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Negrete. INVOCATION The invocation was given by Executive Assistant to the Council Jorge Carlos. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. COUNCIL MEMBER NEGRETE RETURNED At 9:06 a.m., Council Member Negrete meeting and took his place at the Council returned to the Council table. APPOINTMENTS (2) There were no appointments at this meeting. PROCLAMATION - MAKE A DIFFERENCE DAY - OCTOBER 25, 1997 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October 25, 1997, as "Make A Difference Day" in San Bernardino--a day when free immunizations will be provided for all children from two months through six years of age. Terri Carlos, Staff Analyst with the San Bernardino Employment and Training Agency, accepted the proclamation. CITY ATTORNEY'S OFFICE ATTORNEY COLEMAN TIGER AWARD DEPUTY CITY (3) City Attorney Penman stated that recently two lawsuits had been filed against the Police Department which his office believed to be totally without merit; however, once such a lawsuit is scheduled to be heard in the federal courts, it is seldom that the case is dismissed. He continued, stating that Deputy City Attorney 3 10/20/1997 Coleman had written such outstanding legal motions that both lawsuits were dismissed by the federal judge; therefore, he was presenting the City Attorney's Office official "Tiger Award" to Ms. Coleman for her exceptional work on these two cases. 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 Josephine Alvarez Regina Guerrero Frank Keller Department City Clerk City Clerk Economic Deve~opment Agency Fire Fire Fire Fire Fire Fire Fire Police Police Police Police Police Police Police Police Police Police Police Police Police Public Services Benjamin Alexander Thomas Hannemann Isaac Horn Grant Hubbell Rodney Mascis Jeffrey Novinger Leslie Pompa Timothy Dykstra Carl Currie Brian Boom Nedia Holmes Steven Peck Michael vasilis vincent Kilbride Steven Klettenberg vincent Kutch Ric Moyer Bradley Ringnes Dawn Alsop Roy Izumi Joyce Vlasak Years of Service 5-year pin 10-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 15-year pin 15-year pin 15-year pin 15-year pin IS-year pin 20-year pln 20-year pin 20-year pin 20-year pin 20-year pin 25-year pin 2S-year pln 5-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin pointed out that City Attorney Penman had erred when he presented his impart~al analysis of the mayoral candidates' campaign statements at the previous meeting, stating that Mr. Oberhelman had in fact received four $250 donations from the relations of the Central City Company for a total of $1,000. Dr. Curlin also voiced posi ti ve comments regarding the recent health symposium conducted by Senator Barbara Boxer at San Bernardino Valley College. 4 10/20/1997 ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias reminded everyone that it was Red Ribbon Week and the Red Ribbon parade would be held Saturday, October 25. Mrs. Arias also asked for donations of old Christmas cards and empty shoe boxes, explaining that local school children will be decorating the boxes with the cards, wh~ch will then be filled with treats and small toys for the child,-en who at tend her annual children's Christmas party. She noted ~hat over 1600 children had attended the party last year. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated that the Red Ribbon kickoff breakfast had been held this morning and thanked the San Bernardino Communi ty Against Drugs for their efforts toward a drug- free communi ty. He also expressed pride in and thanked his nephew, Joshua Hawk, for his testimony on what the San Bernardino Community Against Drugs has meant to him personally in leading a drug-free life. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson, speaking as a member of the Board of the San Bernardino Community Against Drugs, complimented and thanked all the people who participat:ed in the breakfast this morning. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark reminded everyone that election day was only two weeks away; eXplained the absentee ballot process; informed voters that they could vote early at the Registrar of Voters Office on Saturday, October 25, and saturday, November 1, between the hours of 9:00 a.m. and 3:00 p.m.; and announced that there would be a mayoral candidates forum at the Community Hospital this evening at 6:30 p.m. CLOSED SESSION ANNOUNCEMENT meeting - page 1) (Referenced earlier in the (1&83) City Attorney Penman announced that the following additional case had been discussed in closed session: San Bernardino Municipal Water District vs. Department of the Armv - United States District Court Case No. CV96- 8867. ANNOUNCEMENTS - CITY ATTORNEY PEN~AN (4) City Attorney Penman stated that he had the opportunity to attend the annual barbeque at Emmanuel Methodist Church on 5 10/20/1997 Saturday, where he saw Barbara Burke, who ran Barbara's Yarn Shop on Highland Avenue for many years and moved to Oregon approximately three years ago. He stated that she was back visiting and doing well and sends her regards to everyone. PUBLIC COMMENTS - DARLENE BRADLEY (5) Darlene Bradley, R.N., Clinical Director, Emergency/Express Care Services, Lorna Linda University Me6ical Center, 11234 Anderson Street, Lorna Linda, CA, submitted a letter dated October 20, 1997, clarifying the services offered by the Sexual Assault Response Team at the medical center and asked the Mayor and Council to reconsider and accept the medical center's low bi6 for said services. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, spoke regarding the attempt of several Measure "S" opponents to defame City Attorney Penman. PUBLIC COMMENTS - LITA PEZANT (5) Lita Pezant, 1514 West Evans Street, San Bernardino, CA, spoke regarding intimidation tactics used aga:nst herself and others when they complained about the lack of priority given the murder of a young boy in the westside community. PUBLIC COMMENTS - HAROLD DUFFY (5) Harold Duffy, 5028 Wyche Court, San Bernardino, CA, an employee with the City of Riverside, stated that an ugly incident had occurred wherein someone posing as a San Bernardino police officer had called Riverside's City Manager to report that Mr. Duffy was voicing criticism of the San Bernardino Police Department and questioned whether he was doing this on Riverside's time or his own time. The person did not leave his name or number, and Mr. Duffy did not really believe it was a San Bernardino officer. PUBLIC COMMENTS - WARREN COCKE (5) Warren Cocke, 2875 Valencia, San Bernardino, CA, expressed his concern regarding the attacks on City Attorney Penman, voiced rebuttals to some of the specific charges made, and stated that he believed Mr. Penman to be a competent, forthright, and able city attorney. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, a resident of San Bernardino, spoke on the plight of the parks in San Bernardino and asked the City to re- evaluate their decision to lock the bathrooms in public parks. 6 10/20/1997 PUBLIC COMMENTS - HOWELL ESTES (5) Howell Estes, a resident of the Verdemont area, thanked City Attorney Penman for making known who was behind the candidates in this election and commented on some of the reasons people voted against Measure "S" and the questionable political tactics of former Mayor Bob Holcomb. PUBLIC COMMENTS - W.R. HOLCOMB (5) Former Mayor Bob Holcomb commented on the "major league" contributions given to City Attorney Penman, stating that they represent the grossest breach of ethics of any elected official in this city. PUBLIC COMMENTS - JAMES PENMAN (5) James Penman, 221 East Marshall Boulevard, San Bernardino, CA, speaking from the podium, enumerated some of the past actions of former Mayor Bob Holcomb and pointed out that Mr. Holcomb and Mr. Gil Lara were supporting Susan Lien for Second Ward Council Member and Tim Prince for Mayor. PUBLIC COMMENTS - COUNCIL MEMBER CURLIN (5) Council Member Curlin stated that Mr. Penman was impugning the candidates on the basis of who is supporting them. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Miller made a motion, seconded by Council Member Anderson, 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: July 3, 1997. 7 10/20/1997 CLAIMS AND PAYROLL (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 29, 1997, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 9, 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. 97-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429, ENTITLED IN PART "A RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (11) RES. 97-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/ PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN. "BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (12) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-311 and 97-312 were adopted following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias, None. SET PUBLIC HEARING - NOVEMBER 3, 1997 10:00 A.M. PROPOSED EXPENDITURE - MONIES ALLOCATED FROM STATE OF CALIFORNIA TO CITY OF SAN BERNARDINO - ASSEMBLY BILL 3229 (BRULTE) CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM - FY 1997/98 (13) Lee Dean, Chief of Police, submitted a Staff Report dated October 20, 1997, regarding the setting of a public hearing for the ratification of the proposed Citizens' Option for Public Safety (COPS) expenditure plan for fiscal year 1997/98. 8 10/20/1997 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m., on Monday, November 3, 1997 to ratify the proposed Citizens' Option for Public Safety (COPS) expenditure plan for FY 1997/98, submitted by the Chief of Police. RES. 97-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DOUG MARTIK CONTRACTING COMPANY, INC., FOR PAVEMENT REHABILITATION BY SLURRY SEAL METHOD AT VARIOUS LOCATIONS. (14) ORD. MC-1004 - 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." Final (15) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution and ordinance be adopted. Resolution No. 97-313 and Ordinance No. MC-I004 were by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. None. adopted Curlin, Absent: ORD. MC-1005 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MCNICIPAL CODE AND STATE STATUTES PURSUANT TO CALIFORNIA PENAL CODE SECTION 836.5. Final (10) Discussion ensued regarding why tLis action was being taken, whether it could open the way for additional lawsuits, and the training requirements for said individuals. Mayor Minor noted that most of t:he security officers are either off-duty police officers or reserve officers who have been through the police academy and have been trained to handle themselves in all types of situations. City Attorney Penman pointed out chat the changing and this ordinance is designed to avoid point in the future. law is constantly litigation at some 9 10/20/1997 Council Member Devlin made a mo!:ion, seconded by Council Member Anderson that said ordinance be adopted. Ordinance No. MC-I005 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, Arias, Oberhelman, Devlin, Council Member Curlin. Absent: None. AUTHORIZE EXPANSION - CITY'S ACQUISITION, REHABILITATION & RESALE (ARR) PROGRAM - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - BUILDING INSPECTION SERVICES - PLANNING AND BUILDING SERVICES (16) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated September 26, 1997, regarding expansion of the City's Acquisition, Rehabilitation, and Resale (ARR) Program with the U.S. Department of Housing and Urban Development to provide expanded building inspection services. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Planning and Building Services Department to provide expanded building inspection services to HUD for a one-year period as part of the expanded ARR Program; and that the additional positions of one (1) Building Inspector I and one (1) Typist Clerk II be established in the Inspection Services Division of the Planning and Building Services Department; and that the Personnel Department be directed to update Resolution No. 97-244 to reflect the two additional positions of Building Inspector I and Typist Clerk I I; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1997/98 budget to reflect the cost of implementing the expansion of the Acquisition, Rehabilitation, and Resale (ARR) Program with HUD and to reflect the expected revenue to be generated from payments made to the City by HUD for inspection services as outlined in the attached Staff Report dated September 26, 1997, from Michael E. Hays, Director of Planning and Building Services. AUTHORIZE UPGRADE IN SALARY RANGE CODE MANAGER - CODE COMPLIANCE DIVISION - MAYOR'S COMPLIANCE OFFICE (17) Mayor Minor submitted a Staff Report dated October 8, 1997, recommending that the salary range for the classification of Code Compliance Manager be upgraded from Rar:ge 4455 to Range 4482. City Attorney Penman talk regarding moving the Department, he supports independent. stated that although there has been some code compliar:ce function under the Fire the Mayor in keeping the department 10 10/20/1997 Council Member Miller made a mot:ion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council upgrade the salary range for the classification of Code Compliance Manager from Range 4455, $4,294-$5,219/month to Range 4482, $4,913-$5,972/month; and that the Personnel Department be directed to update Resolution No. 6413, Section 14, to reflect this particular action. RECEIVE & FILE - FISCAL YEAR 1996/97 ESTIMATED YEAR-END BUDGET REPORT (18) Barbara Pachon, Director of Finance, submitted a Staff Report dated October 8, 1997, recommending that the Council receive and file the year-end budget report for fiscal year 1996/97. Discussion ensued regarding some cf the budget figures and the fact that erroneous information may have been issued to the press and included in the report, particularly figures related to sales tax revenues. Some of the Council felt that a presentation by the City Administrator or Director of Finance would be in order. Barbara figures were changes. Pachon, Director of Finance, unaudited numbers and that stressed that there could be these some City Administrator Wilson stated that the Finance Department had done a good job of estimating and their figures would wind up being within 2-3 percent of actuals. COUNCIL MEMBER ARIAS EXCUSED At 10:27 a.m., Council Member Arias left the Council meeting. Council Member Devlin made a mot:ion, seconded by Council Member Miller, and unanimously carried, that the 1996/97 budget report be received and filed. RECESS MEETING At 10:28 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:38 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 Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Negrete. 11 10/20/1997 PUBLIC HEARING - IMPOSE LIENS - CITY OF SAN BERNARDINO REGISTRATION FEES PROPERTY LOCATED WITHIN "JNCOLLECTED BUSINESS (19) City Clerk Clark submitted a Staff Report dated October 1, 1997, regarding the imposition of liens on property throughout the city of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. Susan Rogers, a resident of San Bernardino, expressed concern with this practice. RES. 97-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (19) Council Member Oberhelman made a n,otion, 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. 97-314 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. COUNCIL MEMBER NEGRETE RETURNED At 10:41 a.m., Council Member Negrete returned to the Council meeting and took his place at the Council table. RES. 97-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER COMMISSIONERS. (20) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97 - 315 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (21A) 12 10/20/1997 RES. 97-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN A3REEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (21B) RES. 97-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (21C) RES. 97-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (21D) RES. 97-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. (21E) RES. 97-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (21F) RES. 97-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS AND CULTURE. (21G) RES. 97-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AG~EEMENT WITH THE STAGE ONE PLAYERS FOR THE PROMOTION OF ARTS AND CULTURE. (21H) RES. 97-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. (21I) Mike Stephens inquired as to where the money was coming from for promotion of the arts. Council Member Curlin explained that at one time one-fourth of one percent of all building fees for ccmmercial construction were earmarked for the arts, and up until approximately two years ago the Council had established a policy that the funding level would always remain at $300,000. City Administrator Wilson stated that the building fees now generate approximately $100,000 per year and the remainder ($48,300 this year) is appropriated during the budget process. 13 10/20/1997 Jean Andersen, Cultural and International Affairs Director, Mayor's Office, explained that the Fine Arts Commission tries to encourage new groups to apply for funding and looks at all the applicants very carefully. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, stated that he thought it was very important for the Council to try and foster cultural activity within the city. Duke Hill, President of the San Bernardino Symphony, spoke on how important it is for them to receive the funding from the City. Council Member Negrete made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-316, 97-317, 9'7-318, 97-319, 97-320, 97- 321, 97-322, 97-323, and 97-324 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ESTOPPEL CERTIFICATE WITH TRI - CITIES INVESTMENT COMPANY RE8ARDING CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE FOR AREA "E", 1993 SOUTH DINERS COURT. (22) Council Member Oberhelman questioned why an estoppel certificate was being used rather than an amendment to the lease. Senior Assistant City Attorney Carlyle stated that the current landlord was in the process of transferring title to another corporation, and the current tenants would be estopped from asserting any objections to anything other than what is in the lease. Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-325 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE BUDGET AMENDMENT - FUND CROSSING GUARD PROGRAM POLICE DEPARTMENT SALARY SAV=NGS (Continued from October 6, 1997) (See related Item No. NB1 - page 22) (23 ) Dr. Elsa Valdez, 748 West Dover ~rive, expressed her appreciation to the Councll for the crossing guard program. San Bernardino, CA, locating funding for 14 10/20/1997 Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1997/1998 budget to reflect the cost of funding the crossing guard program from the anticipated Police Department salary savings, and to reflect the 50 percent reimbursement to be received fer the program from the San Bernardino City Unified School District as outlined in the attached Staff Report, dated September 23, 1,,97, from Barbara Pachon, Director of Finance. (Note: There was no vote taken.) Council Member Curlin advised that funding was available through the South Coast Air Quality Management District (SCAQMD), and by using said funds the City would not have to tap into the police salary savings account. Oscar Abarca, Director of Intergovernmental Affairs, South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, CA, submitted a letter da~ed October 15, 1997, from the California Environmental Protection Agency regarding the use of AB 2766 Subvention Funds for funding the City's crossing guard program. Mayor Minor read from the letter as follows: "Technically this is an eligible use . . However, we believe it is not a cost- effective use of the funds our Board has determined that cost-effectiveness should be a primary criterion in selecting projects." Mr. Abarca confirmed that the City's crossing guard program did in fact qualify for said funding. Council Member Curlin stated that it was his understanding that the school district was prepared to fund $100,000 of the cost. Council Member Curlin made a substitute motion that the City utilize the South Coast Air Quality Management District AB 2766 Subvention Funds to fund the crossing guards. The substitute motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Miller, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1997/1998 budget to reflect the cost of funding the crossing guard program from the anticipated Police Department salary savings, and to reflect the 50 percent reimbursement to be received fc'r the program from the San Bernardino City Unified School District as outlined in the attached Staff Report, dated September 23, 1997, from Barbara Pachon, Director of Finance; and that staff continue to investigate the use of AB 2766 funding. (Note: There was no vote taken.) 15 10/20/1997 Mr. Abarca pointed out that the City is currently using SB 2766 funds for their trip reduction plan and receiving quarterly reimbursement. He indicated that there are significant reserves in the City's account which have not been spent; and pointed out that by using said funds the Council would not have to go through this process every year when it comes to funding the crossing guards. He reiterated that this was an eligible use of said funds. Since the information from the California Environmental Protection Agency and South Coast Air Quality Management District had just been received by the Council, ct was the consensus of the Mayor and Council that staff prepare the appropriate backup material relative to using AB 2766 monies and bring the matter back as new business later in the afternoon. Council Member Curlin made a substitute motion, seconded by Council Member Devlin, and unanimously ~arried, that the matter be tabled. WAIVE FEES - $4,805.88 - YMCA OF SAN BERNARDINO VALLEY - 20TH ANNUAL CHILDREN'S CHRISTMAS PARADE - DECEMBER 6, 1997 (Continued from October 6, 1997) (24) City Administrator Wilson submitted a Staff Report dated October 13, 1997, which outlined the City fees associated with conducting the YMCA's annual Christmas parade. Tony Mino, Executive Director, YMCA of San Bernardino Valley, 216 West Sixth Street, San Bernardino, CA, urged the Council to waive the fees, stating that they conduct this parade entirely free of charge and over 15,000 people line the parade route. Council Member Oberhelman expressed concern that some of the times and costs outlined in the backup material seemed unrealistic and stated that he would like to see this matter referred to the Ways and Means Committee. Council Member Miller made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be referred to the Ways and Means Committee. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUT:ON NO. 97-221 WHICH PREVIOUSLY AMENDED RESOLUTION 94 - 9G TO LIMIT THE SPEAKING TIME OF COUNCIL MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES UNTIL THE MAYOR AND ALL OTEER COUNCIL MEMBERS AND DESIGNATED OTHERS HAVE HAD AN CPPORTUNITY TO SPEAK. (Continued from October 6, 1997) (25) Senior Assistant City Attorney Carlyle stated that the resolution was consistent with the practice being followed during the past few meetings. 16 10/20/1997 Council Member Miller made a motion, seconded by Council Member Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Jevlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. COUNCIL MEMBER NEGRETE EXCUSED At 11:34 a.m., Council Member Negrete left the Council meeting. SET PUBLIC HEARING - NOVEMBER 3,1997 10:00 A.M. ADOPT MODEL (STATE) BUILDING CODES & AMENDMENTS - SAN BERNARDINO MUNICIPAL CODE CHAPTER 15 (Sl) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated October 7, 1997, recommending that a public hearing be set for adoption of the 1994 Model (State) Building Codes and amendments to the Sa:l Bernardino Municipal Code Chapter 15. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that a public hearing be set for November 3, 1997, at 10:00 a.m., for the purpose of adopting the Model (State) Building Codes and amendments to the San Bernardino Municipal Code Chapter 15. ~ RES. 97-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RIA1,TO POLICE DEPARTMENT, THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. (S2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. Ayes: Council Members Miller. Nays: None. 97-326 was adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Anderson, Absent: Council Member Negrete. COUNCIL MEMBER NEGRETE RETURNED At 11:35 a.m., Council Member Negrete returned to the Council meeting and took his place at the Council table. DISCUSS - POSSIBLE FEE INCREASE - POLICE ACCIDENT REPORTS - COUNCIL MEMBER CURLIN (AS1) Council Member Curlin submitted a Staff Report dated October 16, 1997, recommending that the Councll discuss police accident reports. 17 10/20/1997 Council Member Curlin presented a chart showing that San Bernardino charges less for copies of traffic accident reports than any of the surrounding cities and suggested that if San Bernardino raised its fee to the average figure it would prove to be a valuable source of revenue. Senior Assistant City Attorney Carlyle reminded the Council that under Proposition 218 a fee cannot exceed the cost for providing a particular service and an empirical study would have to be done prior to adjusting the fee. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, support for the idea, stating that said suggestion submitted as a budget balancing measure during the budget expressed had been hearings. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that staff (including the City Attorney's Office and the City Administrator's Office) be directed to review and study the mat::er of increasing traffic accident report fees. RECESS MEETING At 11:45 a.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 2:05 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Member Negrete. PRESENTATION TO THE CITY - $5,000 - 1997 HEALTHY CITIES RECOGNITION AWARD - CALIFORNIA HEALTHY CITIES PROJECT (3) Gregory Shaffer of the Californca Heal thy Cities proj ect presented the City with a check in the amount of $5,000 and read a resolution recognizing the City of San Bernardino as a recipient of the 1997 Healthy Cities Recognition Award for its dedication in improving the quality of life for its residents. Mr. Shaffer commended the City for the various programs they have developed and enacted since joining the project approximately two years ago. Mayor Minor accepted the check on behalf of the City. 18 10/20/1997 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 2:10 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 Arias made a motion, seconded by Council Member Anderson, 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. APPROVE PLAN NO. 9733 - INSTALL STREETS CAPE IMPROVEMENTS - BASE LINE STREET - FROM "D" STREET TO WATERMAN AVENUE - AUTHORIZE ADVERTISEMENT FOR BIDS (R4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 2, 1997, regarding approval of plans and authorization to advertise for bids for the installation of streetscape improvements on Base Line Street, from "D" Street to Waterman Avenue. Council Member Arias made a motion, seconded by Council Member Anderson, and unanimously carried, that plans for installation of streetscape improvements on Base Line Street, from "D" Street to Waterman Avenue, in accordance with PlaT: No. 9733, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 97-327 - 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 ASSOCIATION FOR RETARDED CITIZENS (PROJECT NO. 96-200). (R7A) 19 10/20/1997 RES. 97-328 - 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 YMCA OF SAN BERNARDINO VALLEY (PROJECT NO. 96-220). (R7B) Council Member Arias made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-327 and 97-328 were adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. 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. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/S~~ BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At this time, the Mayor and Com~on Council, Community Development Commission, took action Development Commission items. acting as the on Community CITY ATTORNEY PENMAN EXCUSED At 2:55 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. WAIVE TAX ASSESSMENT LIENS - $26,120 - CODE ENFORCEMENT LIENS - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) PROPERTIES - ARDEN-GUTHRIE FOURPLEX - ACQUISITION/ REHABILITATION (R8) Timothy Steinhaus, Economic Development Agency Administrator, submitted a Staff Report dated October 15, 1997, regarding the release of tax assessment liens on certaln Arden-Guthrie properties currently owned by HUD, which are being acquired and rehabilitated by the Agency. Ron Winkler, Development Director, Economic Development Agency, stated that HUD is willing to pay the back taxes, but is asking for a release from the code enforcement liens on said properties. He noted that there is no administrative procedure established to waive these fees; therefore, the need for Council approval. 20 10/20/1997 council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve a waiver in the amount of $26,120 for tax assessment liens on the 21 HUD properties to be acquired by the Agency; and authorize the Code Enforcement staff to administer and submit the necessary documents for these releases. The motion carried by the following vote: Members Curlin, Arias, Oberhelman, Devlin, Miller. Member Anderson. Absent: Council Member Negrete. Ayes: Nays: Council Council CERTIFY ELECTION RESULTS COMMITTEE - OCTOBER 8, 1997 NORTHWEST PROJECT AREA (Rll) City Clerk Clark submitted a Staff Report dated October 9, 1997, regarding certification of the Northwest Project Area Committee election results from the October 8, 1997 election. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council declare that the adopted procedures for the Northwest Project Area Committee election held on October 8, 1997, were followed, and further declare as off icial the results of the Northwest Project Area Committee Election as set forth in the Certification of Election Results dated October 10, 1997, and accompanying summary report dated October 8, 1997. -- PUBLIC HEARING - CONSOLIDATED PLAN - ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - HOME INVESTMENT PARTNERSHIP ACT PROGRAM - EMERGENCY SHELTER GRANT PROGRAM (R14) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated October 14, 1997, regarding the 1996-1997 draft Consolidated Plan Annual Performance and Evaluation Report. Mayor Minor opened the hearing. Norma Owens, Housing Development Sr:;ecialist, Housing Division, Economic Development Agency, presented a brief explanation of the Consolidated Annual Performance and Evaluation Report (CALPER), and stated that this was the second of two public hearings required by the U.S. Department of Housing and Urban Development (HUD) during each program year. No public comments were received. RES. 97-329 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN CONSOLIDATED ANNUAL REPORTS IN CONNECTION WITH IMPLEMENTING FEDERAL GRANT PROGRAMS. (R14) 21 10/20/1997 Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the 1996-1997 draft Consolidated Plan Annual Performance and Evaluation Report, which contains annual performance reports for the Community Development Block Grant, HOME Investment Partnership Act, and Emergency Shelter Grant Programs and authorize staff to submit the final report to the United States Department of Housing and Urban Development for review and approval; a:ld that said resolution be adopted. The motion carried, and Resolutior: No. 97-329 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Negrete. AUTHORIZE CHARGING STRUCTURE BUDGET AMENDMENT INSTALL ELECTRIC STATIONS CITY'S FIVE-LEVEL VEHICLE PARKING (R15) Timothy Steinhaus, Economic Development Agency Administrator, submitted a Staff Report dated October 10, 1997, regarding the installation of two additional electric vehicle charging stations in the City's five-level parking structure. It was noted that the two exist ing charging stations are inductive, while the two new stations will be conductive; therefore, the City's station will be able to accommodate all types of electric vehicles currently available. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Finance be authorized to amend the fiscal year 1997-98 budget to reflect a $5,700 increase in the Transportation budget for miscellaneous equipment and a corresponding budget increase in the Transportation revenue account. AUTHORIZE BUDGET AMENDMENT - CROSSING GUARD PROGRAM TRANSPORTATION FUND (See related Item No. 23 - page 14) (NE1) Barbara pachon, Director of Finance, submitted a Staff Report dated September 23, 1997, (verified la~er by Ms. pachon that the date should have been October 20, 1997) regarding amendment of the fiscal year 1997-1998 budget to reflect funding 50 percent of the crossing guard program through the Transportation Fund. 22 10/20/1997 Senior Assistant City Attorney Car~yle pointed out that under Government Code Section 54954.2(b) (2) an item could be considered if it could be determined that immediate action is needed and the need for action came up after posting the agenda. He stated that the item had not been clarified until that morning when Mr. Abarca of the South Coast Air Quality Management District verified that the crossing guard program did qualify for funding through AB 2766 funds, and due to the fiscal circumstances of the City, said action could be considered under said section of the Government Code. Council Member Miller made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Curlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1997-1998 budget to reflect the cost of funding the Crossing Guard Program from 50 percent Transportatlon Fund and 50 percent reimbursement from the San Bernardino City Unified School District, as outlined in the Staff Report from Ms. Pachon, referenced above. 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 Council, acting as the Community Development Commission, took action on Community Development Commission items. ADJOURNMENT (26) At 4:00 p.m., the meeting was adJourned. The next regular meeting will be held at 8:00 a.m., Tuesday, September 2, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk ~Ha~ By Deputy City Clerk No. of Items: 38 No. of Hours: 6 23 10/20/1997