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Home My WebLink About02-02-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 2, 1998 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 8:03 a.m., Monday, February 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Mi:ler; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Member Negrete. RECESS MEETING - CLOSED SESSION At 8:03 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1&82) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Insurance Companv of the State of Pennsylvania VS. Citv of San Bernardino. et al. - United States District Court Case No. 94-0125 MRP (Ex); Thomas Williams. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33078. 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 54950.9. D. Conference with legal counsel - personnel matter pursuant to Government Code Section 54957. 1 2/2/1998 CLOSED SESSION At 8:03 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator wilson. Absent: Council Member Negrete. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Coleman, City Attorney's Office; and Development Director Winkler, Economic ~evelopment Agency. 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 while the Mayor and Council and Community Development Commission were in closed session. (Note: The Community Development Commission had no agenda items for this meeting. ) CITY CLERK CLARK ARRIVED At 8:15 a.m., City Clerk Clark arrived at the closed session. DEVELOPMENT DIRECTOR WINKLER, DEPUTY CITY ATTORNEY COLEMAN & DEPUTY CITY CLERK MEDINA EXCUSED At 8:20 a.m., Development Director Winkler, Deputy City Attorney Coleman and Deputy City Clerk Medina left the closed session. ADJOURN CLOSED SESSION At 8:22 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 by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; 2ity Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Negrete. INVOCATION The invocation was given by Pastor Jim Stovall of the Central Christian Church. 2 2/2/1998 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. APPOINTMENT - PETER R. BAEZA - HUMAN RELATIONS COMMISSION - COUNCIL MEMBER ARIAS (2A) Mayor Minor submitted a Staff Report dated January 27, 1998, recommending the appointment of Peter R. Baeza, 328 North Terrace Street, San Bernardino, CA, to the Human Relations Commission, as requested by Council Member Arias. Senior Assistant City Attorney Car~yle submitted a memorandum dated February 2, 1998, stating that an effective date of February 12, 1998, should be included in the motion to appoint Mr. Baeza. Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Peter R. Baeza to the Human Relations Commission, effective February 12, 1998, as requested by Council Member Arias, be approved. APPOINTMENT ROBERT REGO COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - COUNCIL MEMBER ARIAS (2B) Mayor Minor submitted a Staff Report dated January 27, 1998, recommending the appointment of Robert Rego, 607 East 20th Street, San Bernardino, CA, to the Community Development Citizens Advisory Committee, as requested by Council Member Arias. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the appointment of Robert Rego to the Community Development Citizens Advisory Committee, as requested by Council Member Arias, be approved. PRESENTATIONS (3) There were no presentations made at this meeting. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin commented on the mailers sent out by the Committee for Integrity in San Bernardino City Government, statlng that the mailers were extremely negative and in very poor taste. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias urged everyone to be sure and vote the next day. 3 2/2/1998 ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman reiterated the message to get out and vote, stating it was a very important election. ANNOUNCEMENTS - COUNCIL MEMBER MIL~ER (4) Council Member Miller advised that rain storms were predicted for election day; however, if citizens found they could not get to the polls, they could call either candidate's headquarters and she was sure they would help. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark stated that the polls would be open from 7:00 a.m. to 8:00 p.m. on February 3. She reminded people that absentee ballots must be returned in person to the polling places and advised them to call the Registrar of Voters office at 387-8300 or the City Clerk's Office at 384-5002 ~f they needed additional information. Ms. Clark also extended "good luck" wishes to her cousin, Derek Parra, who was competing in the speed skating event at the Winter Olympics. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, submitted a letter dated January 12, 1998, which he read into the record regarding the City's proposed policy for installing curb ramps throughout the city. PUBLIC COMMENTS - STEPHANIE DAVIS (5) Stephanie Davis, 1319 West Oakwood Drive #24, San Bernardino, CA, stated that she would like an appointment with the appropriate person or department to discuss a proposal she had regarding redevelopment and construction in the City of San Bernardino. PUBLIC COMMENTS - PATRICK CAFFERY (5) Patrick Caffery, 205 East Hospitality Lane, San Bernardino, CA, Chairman of the San Bernardino Visitors and Convention Bureau, thanked the Mayor and Council for their support for the past nine years aIld spoke in support of Measure W, the Transient Lodging Tax. COUNCIL MEMBER NEGRETE ARRIVED At 9:26 a.m., Council Member Negrete arrived at the Council meeting and took his place at the council table. 4 2/2/1998 PUBLIC COMMENTS - VARIOUS CITIZENS (5) The following individuals expressed support for and endorsed Timothy Prince for Mayor of San Bernardino: Paul W. Sanborn, 3559 Genevieve, San Bernardino, CA. Enrique Villalpando, 1095 Laurelwcod, San Bernardino, CA. Bill & Gloria Rogers, 1482 E. Davidson, San Bernardino, CA. Jean Hallack, resident of San Bernardino. Ted Humann, 1643 Gould Street, San Bernardino, CA. Marjorie Hall, 1464 Gould Street, San Bernardino, CA. The following individuals expressed support for and endorsed Judith Valles for Mayor of San Bernardino: Al Ballard, 2739 North "F" Street, San Bernardino, CA. Esther Estrada, First Ward Councilwoman-elect, 531 Tia Juana, San Bernardino, CA. PUBLIC COMMENTS - COUNCIL MEMBER NEGRETE (5) Speaking from the podium, Council Member Negrete expressed his support for Timothy Prince. PUBLIC COMMENTS - COUNCIL MEMBER CURLIN (5) Speaking from the podium, Council Member Curlin voiced his support for Timothy Prince. PUBLIC COMMENTS - CITY ATTORNEY PENMAN (5) Speaking from the podium, City Attcrney Penman spoke regarding voter turnout in the various wards. He stated that it would be a sad day when an individual's voting decision is based on a person's last name, adding that Judith Valles was a competent, experienced person. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Counci~ be waived. PERSONNEL ACTIONS (7) Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 27, 1998, 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. 5 2/2/1998 ORD. MC-1017 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.070 (Bj OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AN APPEAL TO THE MAYOR AND COMMON COUNCIL FROM A DECISION OF THE BUREAU OF FRANCHISES. Final (8) RES. 98-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (9) RES. 98-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN " BY COrIFYING PRIOR COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT) . (11) ORD. MC-1018 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 15.28.190 OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDINGS AFTER A DISASTER. Final (12) RES. 98-27 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO STAR WHOI,ESALE FOR MAINTENANCE MATERIALS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (13) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolutions and ordinances be adopted. Resolution Nos. 98-25, 98-26, and 98-27 and Ordinance Nos. MC- 1017 and MC-1018 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER ARIAS EXCUSED At 9:53 a.m., Council Member Arias left the Council meeting. AUTHORIZE RENAME - CIVITAN LITTLE LEAGUE FIELD - TO DAN BROOKS FIELD - PARKS, RECREATION & COMMUNITY SERVICES (10) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated January 20, 1998, recommending that the name of the Civitan Little League Field be officially changed to Dan Brooks Field. 6 2/2/1998 Council Member Oberhelman thanked the Civitan Little League for bringing this idea forward, stating that Dan Brooks was a tremendous individual. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the name of Civitan Little League Field be officially changed to Dan Brooks Field. RECESS MEETING At 9:54 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:04 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in 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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' NO. 4516 1999 NORTH "E" STREET NAAIL N. (Continued from January 26, 1998) ORDER ANWYA (14) Mark Farrell, Field Supervisor, Code Compliance Division, submitted a Staff Report dated January 29, 1998, regarding the Board of Building Commissioners' Order No. 4516 relative to property located at 1999 North "E" Street. Mayor Minor opened the hearing. Paula Coleman, Deputy City Attorney, stated that this matter had been continued in order for staff to gather additional information on the condition of the property at the time of demolition. She stated that one additional declaration had been obtained from David Stachowski, City Attorney Investigator. City Attorney Investigator Stachowski read his declaration, dated January 30, 1998, into the record and copies were distributed to the Mayor and Council. Brandol Eads, Code Compliance Officer, conducted a slide presentation showing the condition of the property before and after the demolition and answered questions regarding same. Attorney Seth Thompson of Redwine and Sherrill, 1950 Market Street, Riverside, CA, spoke on behalf of Mr. Anwya and submitted an Underwriting Survey dated 4-17-97 prepared by Mark Thomas, an inspector employed by Underwriting Da::a Services, as well as a Declaration of Mark Thomas dated January 29, 1998. 7 2/2/1998 Mr. Thompson submitted a second document (Exhibits A through E) which included a Declaration of Naail Anwya executed February 2, 1998, copies of business registration certificates for said property for 1996 and 1997, photographs of the property, and an unsigned lease agreement dated May 27, 1997, for a fast - food restaurant at said location. Mr. Thompson noted that the insurance survey indicated that there was no fire hazard and the pictures depicted a building where stucco work had been done, particularly around the upper portion of the building. He added that the lease agreement had not been finalized because the prospective lesser had suffered a fire at a restaurant he owned in Arizona and was not able to open a new restaurant while trying to repair and reopen his existing restaurant in Arizona. However, the lessor had indicated that he would like to negotiate something in the future. Discussion ensued regarding the notification process followed by the Code Compliance Division, the time that elapsed between the first notification to Mr. Anwya and the demolition (15-16 months) and the various documents submitted by Attorney Thompson. City Attorney Penman pointed out that on the form completed by Mr. Mark Thomas he had indicated on page 2, third paragraph, that "No premises alterations in progress at this time, n which was evidence that no repairs were going on when the report was done. Also, on page 3 he stated that, "The asphalt parking was cracked and uneven. Found car stops with rebar protruding." Further, on page 4 of the report, in reference to the paved surfaces, he stated, "These conditions create a serious loss potential;" and in reference to the car stops, "The car stops found broken should be replaced or repaired as soon as possible for risk improvement." Deputy City Attorney Coleman stated that in reviewing the file, it appeared that the City had made a due diligence attempt to find the mailing address of the owner, as well as posting the property on several occasions. She also pointed out that once an order is in place by the Board of Building Commissioners, and time frames have come and gone, the City has an absolute right to proceed with demolition action. Council Member Devlin made Member Anderson, that the Mayor (Note: There was no vote taken.) a motion, seconded and Council deny by the Council appeal. council Member Devlin made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. 8 2/2/1998 Council Member Devlin made a mot ion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order No. 4516, dated November 18, 1997. City Attorney Penman noted that the agenda for the February 16 Council meeting would probably conta~n an item to adopt the findings of fact in support of said motion. AUTHORIZE AUTHORITY $124,000 LOAN - TO SAN BERNARDINO INTERNATIONAL AIRPORT (SBIAA) - FROM STORM DRA=N CONSTRUCTION FUND - (15) Mayor Minor submitted a Staff Report dated January 27, 1998, regarding authorization for a loan to the San Bernardino International Airport Authority to cover the City's proportionate share of SBIAA operating expenses through March 1998. Said loan would come from the City's Storm Drain Construction Fund and would be repaid upon completion of the proposed financing package, which is currently estimated to occur in April 1998. Mike Stevens, a resident of San Bernardino, stated that loaning the Airport Authority $124,000 made no sense to him. Council Member Oberhelman expressed concern with the way the matter was presented. He noted that the Airport Authority had a $2 million line of credit with the Economic Development Agency (EDA) , and had repaid over $666,670 of that amount. Therefore, it did not make sense to draw up a new loan from the Storm Drain Construction Fund to pay for the City's share of the airport's operating expenses for the next three months, when there was this existing line of credit with enough credit left to cover this expense. Mayor Minor pointed out that this was not an EDA obligation. Discussion ensued regarding whether the $23,333.33 was part of the requested loan of $124,000 or above and beyond that amount. City Administrator Wilson explained that the Mayor had already authorized the $23,333.33 out of the Storm Drain Construction Fund and the Council was being asked to ratify this expenditure. He added that the loan amount of $124,OCO included the $23,333.33 already authorized by the Mayor, and the remaining $100,000 would cover the City's share of the operating expenses for a three-month period. 9 2/2/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Council ratify action taken on January 21, 1998, to authorize payment 0= the invoice received from the San Bernardino International Airport Authority (SBIAA) in the amount of $23,333.33; and that the loan to SBIAA be approved not to exceed $124,000 (which includes the $23,333.33) from the City's Storm Drain Construction Fund, for the purpose of paying the City's proportionate share of SBIAA operating expenses through March 1998; and that the Mayor be authorized to execute a letter specifying the terms and conditions of the loan to the SBIAA. The motion carried by the following vote: Ayes: Members Negrete, Arias, Devlin, Andersen, Miller. Nays: Member Oberhelman. Abstain: Council ~ember Curlin. Council Council RES. 98-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION. (16) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-28 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 98-29 - RESOLUTION AMENDING RESOLUTION NO. PART "A RESOLUTION COMPENSATION PLAN CODIFYING PRIOR COUNCIL (Effective February 1, 1998) OF THE CITY OF SAN BERNARDINO 6413, SECTION TEN, ENTITLED IN ESTABLISHING A BASIC "; BY UPDATING INFORMATION ACTIONS (GENERAL UNIT). (17) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 98-29 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 98-30 - RESOLUTION AMENDING RESOLUTION NO. PART nA RESOLUTION COMPENSATION PLAN CODIFYING PRIOR COUNCIL (Effective March 1, 1999) OF THE CITY OF SAN BERNARDINO 6413, SECTION TEN, ENTITLED IN ESTABLISHING A BASIC " ; BY UPDATING INFORMATION ACTIONS (GENERAL UNIT) (18) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 10 2/2/1998 Resolution No. 98-30 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE IN CONCEPT OWNERSHIP SAN AUTHORITY (SBIAA) - LEASE/LEASEBACK FINANCING & BERNARDINO INTERNATIONAL AIRPORT AIRPORT (Sl) Mayor Minor submitted a staff repcrt dated January 28, 1998, regarding approving in concept a proposal for lease/leaseback financing with the members of the San Bernardino International Airport Authority acquiring title to the airport and assuming all financial and performance obligations pursuant to the financing. Council Member Oberhelman stated conceptual approval without seeing the suggested that the matter be continued. that he proposal could not in writing, give and Council Member Oberhelman made a motion, seconded Member Miller, and unanimously carr~ed, that the continued to the Mayor and Council meeting of February by Council matter be 16,1998. COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/Sfu~ BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING The Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority had no items on the agenda for this meeting. ADJOURNMENT (19) At 11:17 a.m, the meeting was adjourned. The next regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Mcnday, February 16, 1998, in the Council Chambers of City Hall, 300 North "1''' Street, San Bernardino, California. By RACHEL G. CLARK City Clerk ~'/;!::c~tJ Deputy City Clerk No. of Items: 21 No. of Hours: 3 11 2/2/1998