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HomeMy WebLinkAbout09-23-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING SEPTEMBER 23, 1996 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:04 a.m., Monday, September 16, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of the adjournment of said meeting held on Monday, September 16, 1996, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 5:15 p.m., Monday, September 16, 1996, on the door of the place at which said meeting was held. READING OF RESOLUTIONS & ORDINANCES Prior to commencement of the Council meeting, City Clerk Rachel Clark read the titles of all the resolutions and ordinances on the agenda for the meeting of the Mayor and Common Council. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:01 a.m., Monday, September 23, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION (5) At 9:02 a.m., the Mayor and Common Council recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz, et al. vs. Uni ted States District Court (JRx) ; James F. Penman. et al. Case No. CV 91-5757 CBM 1 9/23/1996 Tomas Armendariz. et al. vs. James F. Penman. et al. San Bernardino Superior Court Case No. 271093; Arriaqa vs. City of San Bernardino Superior Court Case No. SCV 247466; San Bernardino Cook vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 07595; Guardian Bank vs. James F. Perlman. et al. - United States District Court Case No. 92-4415 CBM (JRx); Guardian Bank vs. James F. Penman. et al. San Bernardino Superior Court Case No. 272632; Saman vs. City of San Bernardino - United States District Court Case No. CV 93-448 CBM (Sx) Yaqman vs. Citv of San Be~'nardino Superior Court Case No. SCV 28312. San Bernardino 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. CLOSED SESSION At 9:02 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, ci ty Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: Council Member Curlin. Also present: Carlyle. Senior Assistant City Attorneys Barlow and COUNCIL MEMBER CURLIN ARRIVED At 9:05 a.m., Council Member Curlin arrived at the closed session. DEPUTY CITY ATTORNEY KOBRINE & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED At 9: 06 a.m., Deputy City Attorney Kobrine and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, arrived at the closed session. 2 9/23/1996 ADJOURN CLOSED SESSION At 9:30 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:32 a.m., Mayor Minor reconvened meeting of the Mayor and Common Council Bernardino. the adjourned regular of the City of San ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. PUBLIC HEARING - PROPOSED FY 1996/97 EXPENDITURE PLAN - CITIZENS OPTION FOR PUBLIC SAFETY PROGRAM (COPS) FUNDS (1) Chief of Police Lee Dean submitted a Staff Report dated September 10, 1996, regarding the proposed fiscal year 1996/97 expenditure plan for the Citizens Option for Public Safety Program (COPS) funds. Mayor Minor opened the hearing. Captain Robert Curtis, San Bernardino Police Department, explained that AB 3229, the citizens Option for Public Safety Program (COPS), declared that there was an urgent need for additional resources at the local level to fight crime and protect public safety. He stated that based on recent population estimates the City of San Bernardino is receiving $422,812, which must be used for front line law enforcement services. Captain Curtis itemized proposed for FY 1996/97, as questions regarding same: and explained each expenditure follows, and answered Council's Document Imaging Enhancements Local Match - COPS Universal Hiring Grant Local Match - COPS More Grant Renovation/Furnishing Community Service Offices Additional BMET Bicycles Administrative Overhead Overtime Costs $ 70,112 70,000 63,613 15,000 2,900 2,114 199,073 Aggregate Total $422,812 No comments were received from the public regarding this matter. 3 9/23/1996 RES. 96-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE PROPOSED CITIZENS OPTION FOR PUBLIC SAFETY (COPS) EXPENDITURE PLAN FOR FY 1996/97, SUBMITTED BY THE CHIEF OF POLICE. (1) Council Member Arias made a motion, seconded by Council Member Negrete, that the hearing be closed; that full reading of the resolution be waived; and that said resolution be adopted. The motion carried, and Resolution No. 96-291 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. ORD. MC-983 - AN URGENCY ORDINANCE OF THE BERNARDINO AMENDING SECTION 3.04.010.B.1 BERNARDINO MUNICIPAL CODE RELATING TO Uraency CITY OF SAN OF THE SAN PURCHASING. (2) City Attorney Penman eXplained that the present ordinance sets up a procedure for purchasing the usual things cities have and/or need; however, staff has found that there are some areas that for a variety of reasons do not lend themselves to the normal bid process. Presently, the ordinance exempts "purchases from, or sales to a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies." He continued by stating that the new ordinance would also exempt "purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating to board up or demolition of buildings or structures. II Mr. Penman stated that anything purchased through the regular purchasing process is an official record, available for public review. He pointed out that relative to litigation and/or investigations, opposing counsel could find out what kind of experts and/or consultants are being hired or retained by the City, determine what the City's strategy might be, and use this information to their advantage. Discussion ensued regarding the pros and cons of amending the ordinance, the fact that this amendment would not circumvent the purchasing process or allow nonbudgeted expenditures, that said exemptions would only apply to purchases under $25,000, and the fact that some type of procedure needed to be established to ensure that everyone interested in participating is given such an opportunity once the process is implemented, such as a rotating list of vendors, consultants, etc. 4 9/23/1996 Council Member Devlin made a motion, Member Miller, that full reading of the waived; and that said urgency ordinance be seconded by Council urgency ordinance be adopted. The motion carried, and Ordinance No. MC-983 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the ordinance be referred to the Legislative Review Committee for the purpose of reviewing the manner in which participant lists would be constructed, updated, and modified. APPEAL HEARING - 20 PROPERTIES - ARDEN GUTHRIE AREA - THOMAS & CRYSTAL WILLIAMS (3) Mark Farrell, Building Inspector, Planning and Building Services, submitted a Staff Report dated September 23, 1996, recommending that Council sustain the Board of Building Commissioners orders relative to properties on Dumbarton Avenue and Newcomb Street in the Arden Guthrie area and two properties on Sunrise Lane, as listed below: 2029 Newcomb Street 2004 Dumbarton Avenue 2072 Newcomb Street 2028 Dumbarton Avenue 2094 Newcomb Street 2050 Dumbarton Avenue 2104 Newcomb Street 2072 Dumbarton Avenue 2105 Newcomb Street 2094 Dumbarton Avenue 2122 Newcomb Street 2104 Dumbarton Avenue 2123 Newcomb Street 2140 Newcomb Street 2075 East Sunrise Lane 2158 Newcomb Street 2157 East Sunrise Lane 2159 Newcomb Street 2176 Newcomb Street 2177 Newcomb Street Mayor Minor opened the hearing. Tom Williams, 1922 Redhill Circle, Tustin, CA, explained that he had acquired the Arden Guthrie properties on August 23, 1996, through a closed bid process. He acknowledged that he was aware that the Board of Building Commissioners (BBC) had ordered that the properties be rehabilitated or demolished within certain time frames, and he was now requesting an extension of 90 days to accomplish the planned rehabilitation. Mr. Williams stated that although he had not completed rehabilitation of any of the units, his crews had hauled out over 30 truck:oads of debris from inside and outside the properties. 5 9/23/1996 Debra Daniel, Code Compliance Supervisor, Planning and Building Services, outlined for Council a time line of the dates the BBC took action on the properties and the dates Mr. Williams had applied for permits. Tim Steinhaus, Administrator, Economic Development Agency, stated that the Economic Development Agency did not support any extension of time on this matter. Council Member Oberhelman made a motion, seconded by Council Member Miller, that Council sustain the July 18, 1996, Board of Building Commissioners' Order Nos. 3527, 3553, 3522, 3518, 3531, 3538, 3534, 3530, 3532, 3536, 3517, 3519, 3525, 3539, 3526, 3528, 3524, and 3537 on the Arden Guthrie properties; that Council sustain the July 19, 1996, Board of Building Commissioners' Order No. 3555 on 2075 East Sunrise Lane; and that Council sustain the December 22, 1995, Board of Building Commissioners' Order No. 3072 on 2157 East Sunrise Lane. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Nays: Council Member Arias. Absent: None. Council Miller. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING NONCONFORMING USES AND STRUCTURES AND DECLARING THE URGENCY THEREOF. (Continued from September 16, 1996) Urqency (4) Council Member Negrete stated he had brought this matter forward for individuals who are interested in rehabilitating the 24-unit apartment complex located on the west side of Mt. Vernon Avenue, from Eighth Street to Ninth Street, into a Sober Living Housing proj ect. Because the property lost its nonconforming status in 1995, adoption of this ordinance would reinstate the nonconforming status and allow reuse of the apartments for said use. Mr. Negrete submitted an undated petition containing 24 signatures of surrounding property and/or business owners who support said project, and two letters of support, as follows: Letter dated September 11, 1996, from Cynthia Boyde, Executive Director, Home of Neighborly Service, Inc., 839 North Mt. Vernon Avenue, San Bernardino, CA; and Letter from Gilbert Paniagua, Owner, Paniagua Roofing, 436 North Mt. Vernon Avenue, San Bernardino, CA. Valerie Pope-Ludlam, Executive Director, San Bernardino Westside Community Development Corporation, stated that they are a housing development corporation whose sole purpose is the redevelopment of neighborhoods; and more specifically, neighborhoods on the west side of San Bernardino. 6 9/23/1996 She stated that no drugs or alcohol would be allowed on the property at the proposed Sober Living Housing Project, and that they have overwhelming support from the surrounding community. She noted that there would be high security, and that only half of the property needs the special ordinance; the back half of the property can be rehabilitated immediately and they are going ahead with that now. Valerie Ross, Principal Planner, Planning and Building Services, stated that there was not a demolition order on file from the Board of Building Commissioners; that the BBC's recommendation in 1995 had been to rehabilitate the apartments. Discussion ensued regarding the applicability of an urgency ordinance relative to the proposed Sober Living Housing Project, whether this would be considered spot zoning, and whether this would be setting an adverse precedent. City Attorney Penman stated that he and his staff had researched the code very carefully and determined that the nonconforming status had completely rem out, and that the only method whereby the property could be rehabilitated would be if the Council decided to do a development code amendment. He stated that the ordinance had been drawn up very stringently so that it would impact only that one area, and that it would not be considered spot zoning, as written. Some members of the Council expressed support for the project with the caveat that if the project would take a turnabout where it would adversely affect children from Mt, Vernon School, the church across the street, or the neighbors in that area, then they would take action to remove the project from the neighborhood. Council Member Negrete made a motion, seconded by Council Member Arias, that full reading of the urgency ordinance be waived; that said urgency ordinance be adopted; and that the Planning and Building Services Department be directed to initiate a regular ordinance amending Development Code Chapter 19.62 consistent with this urgency ordinance. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberheln,an. Nays: Council Members Devlin, Anderson, Miller. (Note: An Jrgency ordinance requires five votes to pass.) City Attorney Penman pointed out that if the Council wanted to reconsider the matter, the second part of the motion could be approved by four votes. 7 9/23/1996 Council Member Negrete made a motion, seconded by Council Member Arias, to reconsider the previous action taken by Council, that full reading of the urgency ordinance be waived; that said urgency ordinance be adopted; and that the Planning and Building Services Department be directed to initiate a regular ordinance amending Development Code Chapter 19.62 consistent with this urgency ordinance. The motion to reconsider carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: Council Member Miller. Absent: None. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Planning and Building Services Department be directed to initiate a regular ordinance amending Development Code Chapter 19.62 regarding nonconforming structures and uses. ADJOURNMENT At 11:18 a.m., the meeting was adjourned. The meeting will be held at 8:00 a.m., Monday, October 7, Council Chambers of City Hall, 300 North "D" Bernardino, California. (6) next regular 1996, in the Street, San RACHEL G. CLARK CITY CLERK By ~~ Linda Hartze Deputy City Clerk No. of Items: 6 No. of Hours: 2.25 8 9/23/1996