HomeMy WebLinkAbout02-17-1997 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 17, 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, February 17,
1997, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Rachel Clark, Acting City Administrator wilson. Absent:
Council Members Curlin, Arias.
RECESS MEETING - CLOSED SESSION
meeting - pages 3 & 5)
At 8:01 a.m., the Mayor and
Development Commission recessed
following:
(Discussed later in the
(1)
Community
for the
Common Council and
to closed session
~
Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
John Lee Bell vs. Keil/Napier/Citv of San Bernardino. et
al. - United States District Court Case No. 95-4231 WDK;
Tomas Armendariz vs. Penman. et al. United States
District Court Case No. CV 91-5757 CBM (Hrx)
Manta Manaqement Corp. (People v.)
Superior Court Case No. SCV 18157;
San Bernardino
Yousef Saman vs. City of San Bernardino. et al. - United
States District Court Case No. CV 93-0448 CBM.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
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2/17/1997
D. Public employment appointment pursuant to Government Code
Section 54957:
position: Fire Chief
E. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
Aqencv Neqotiator:
Fred Wilson, Acting City Administrator
Employee Orqanization:
San Bernardino Confidential and Management Association
(SBCMA)
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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Rachel Clark, Acting City Administrator Wilson. Absent:
Council Members Curlin, Arias.
Also present: Senior Assistant City Attorney
Margaret Scroggin, Administrative Operations Supervisor,
Anderson, Legal Secretary I, City Attorney's Office.
Carlyle,
and Edna
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular, supplemental, addendum
to the supplemental, and additional addendum to the supplemental
agendas of the Mayor and Common Council while the Mayor and Council
and Community Development Commission were in closed session.
FIRE CHIEF CANDIDATE PITZER ARRIVED
At 8:04 a.m., Fire Chief candidate Pitzer arrived at the
closed session.
COUNCIL MEMBERS CURLIN & ARIAS ARRIVED
At 8:07 a.m., Council Members Curlin and Arias arrived at the
closed session.
FIRE CHIEF CANDIDATE PITZER EXCUSED
At 8:25 a.m., Mr. Pitzer left the closed session.
FIRE CHIEF CANDIDATE PITZER RETURNED
At 8:33 a.m., Mr. Pitzer returned to the closed session.
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2/17/1997
FIRE CHIEF CANDIDATE PITZER EXCUSED
At 8:35 a.m., Mr. Pitzer left the closed session.
LEGAL SECRETARY ANDERSON EXCUSED
At 8:37 a.m., Legal Secretary .;nderson left the closed
session.
DEPUTY CITY ATTORNEY ALDSTADT ARRIVED & LEGAL SECRETARY
ANDERSON RETURNED TO THE MEETING
At 8:43 a.m., Deputy City Attorney Aldstadt arrived and Legal
Secretary Anderson returned to the closed session.
COUNCIL
EXCUSED
At 8: 45
Anderson left
MEMBER MILLER AND LEGAL SECRETARY ANDERSON
a. m., Council Member Mi ller and Legal Secretary
the closed session.
ADJOURN CLOSED SESSION
At 8:48 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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman,
City Clerk Rachel Clark, Acting City Administrator Wilson. Absent:
Council Member Curlin.
INVOCATION
The invocation was given by Father Patricio Guillen of
Libreria Del Pueblo.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Arias.
APPOINTMENTS
(2)
There were no appointments at this meeting.
CLOSED SESSION ANNOUNCEMENT
in the meeting - pages 1 & 5)
(Discussed earlier & later
(1)
Mayor Minor announced that the following action was taken in
closed session; and at this time said action was ratified by the
Council:
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2/17/1997
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the appointment of
Larry Pltzer as Fire Chief and relative contract, be approved.
Fire Chief Pitzer thanked the Mayor and Council, stating that
he was honored to be chosen.
PRESENTATION TO CITY TELETHON FUND RAISER
CHANNEL 3 - SAN BERNARDINO EASTER SEAL SOCIETY
KCSB
(3)
Jan Cotten, Chairperson, San Bernardino Easter Seal Society
Board of Directors, and Brian Bost, Chief Executive Officer,
presented one of three awards conferred nationwide by the National
Easter Seal Society to Mansie Booker, Video Production Coordinator,
Telecommunications, and his crew at KCSB in recognition of their
production of one of the most compelling local profiles during a
telethon; and expressed their thanks to CATV Manager Frank Keller.
Mr. Booker accepted his 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 Department Years of Service
Margarito Munoz Facilities Management 25-year pin
Robert Oquendo Fire 20-year pin
Janice Conway Library 20-year pin
Jason Suarez Management Information 5-year pin
Services
Tina Groves Parks, Recreation & 15-year pin
Community Services
Josh Carter Parks, Recreation & 20-year pin
Community Services
Debra Alvillar Police 5-year pin
Brent Gandhi Police 5-year pin
Lillian Harlan Police 5-year pin
Richard Lawhead Police 5-year pin
Erica Lithen Police 5-year pin
Saul Macias Police 5-year pin
Janine Newbry Police 5-year pin
Sharon Powell Police 5-year pin
Paul Muro Police 20-year pin
Velia Marcus Police 35-year pin
Laurie Stringham Public Services 20-year pin
Each employee received a service pin presented by Mayor Minor.
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2/17/1997
ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE
(4)
Council Member Negrete commented on the relocation of the
Social Security Office to the corner of Sixth Street and Arrowhead
Avenue, stating that there would be an opening ceremony on
Thursday, February 20, at 8:00 a.m.
COUNCIL MEMBER CURLIN RETURNED
At 9:14 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman stated he and Council Members Devlin
and Anderson had attended the Fireman's Muster, where many
beautiful pieces of well-preserved fire equipment were displayed.
He noted that 26 cities had competed to have this annual event in
their city; however, the City of San Bernardino was chosen because
the Mayor had written a letter saying they would be welcome here
and extending an invitation for them to come to San Bernardino.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN
(4)
Council Member Devlin made positive comments regarding the
Fireman's Muster, stating that all the hotels and restaurants in
town were full. He also extended a "good-morning" to his grandson,
Kevin, who was at home in a body cast.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson reminded everyone that today was
Presidents' Day in honor of all those heros who have made America
the wonderful place that it is today.
ANNOUNCEMENTS - CITY CLERK RACHEL CLARK
(4)
City Clerk Rachel Clark stated that sample ballots regarding
the March 18 election had been mailed; and reminded residents that
today was the last day to register to vote and that only the voter
can return his or her own absentee ballot.
CLOSED SESSION ANNOUNCEMENT CITY ATTORNEY
(Discussed earlier in the meeting - pages 1 & 3)
PENMAN
(1)
City Attorney Penman announced that the following case was
discussed in closed session under anticipated litigation
significant exposure to litigation pursuant to subdivision (b) of
Government Code Section 54956.9; and that the Council had voted to
retain Attorney Joe Arias of Lewis, D'Amato, Brisbois & Bisgaard to
assist in representing the People of the State of California and
defending the City of San Bernardino against civil litigation that
might arise therefrom:
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2/17/1997
People of the State of California. State of California. &
California Department of Fish and Game, plaintiffs, vs. Warner W.
. Hodqdon: Rancho San Andreas Corporation. Inc.. a California
Corporation: and Does I throuqh XXX. defendants - San Bernardino
Superior Court Case No. SCV 01030.
City Clerk Rachel Clark read the motion into the record as
follows: Council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, to approve hiring the firm
of Lewis, D'Amato, Brisbois & Bisgaard for an amount not to exceed
$10,000; and authorize the Mayor to sign the agreement with the law
firm.
ANNOUNCEMENTS - MAYOR MINOR
(4)
Mayor Minor stated that he had spoken with Mr. Deskus from the
Radisson Hotel, who had informed him that the hotel was filled to
capacity for two nights as a result of the Fireman's Muster.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin congratulated Council Member Oberhelman
for declaring his intent to enter the mayoral race and extended
get well wishes to Ralph Hernandez, who was in the hospital
fighting a life-threatening disease.
PUBLIC COMMENTS - LENORE SCHON
(5)
Lenore Schon, 147 East Palmyra Drive, San Bernardino, CA,
advised that the League of Women Voters was sponsoring a forum on
Measure "S" to be held Monday, March 10, 1997, at 7:00 p.m. at the
Radisson Hotel and urged residents to attend this neutral debate.
Mayor Minor noted that Mr. Deskus had donated the use of the
ballroom at the Radisson Hotel for this forum.
PUBLIC COMMENTS - DENNIS MIELE
(5)
Dennis Miele, 2505 Foothill, #81, San Bernardino, CA, a
resident of Sequoia Plaza Mobile Home Park, inquired why taxes were
still being assessed to residents of the park since the City had
purchased it in December 1995 and it became City property at that
time.
PUBLIC COMMENTS - DON BRADLEY
(5)
Don Bradley, 159 North E Street, San Bernardino, CA, commended
and thanked the Mayor and Council for the new stadium, the proposed
soccer field and theater complex, and their efforts to clean up San
Bernardino. However, he stated that he had purchased some property
on North E Street and one of the biggest problems in that area is
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2/17/1997
vandalism. He stated that he had spent $17,000 on new glass, which
was etched by vandals within two days, and requested help from the
Council with this problem.
PUBLIC COMMENTS - SUSAN LIEN
(5)
Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA,
Chairperson of the Community Development Citizens Advisory
Committee, stated that in July 1997 almost $4 million will become
available in Community Development Block Grant (CDBG) funds, and
she highlighted two applications which were approved by the
committee, which are add-ons to any current budget and in addition
to any new funding that gets approved. First, the Police
Department has been awarded a Cops universal Hiring Program Grant
from the U.S. Department of Justice, which will provide 22
additional police officers for three years. The total grant to San
Bernardino is over $4 million, with a 10 percent local match coming
from CDBG funds. This will be funded at a cost of $150,000 per
year for three years by CDBG funds, not the general fund. The Fire
Department was approved to receive $129,823 per year for five years
for the acquisition of two new triple combination pumper trucks, at
a total cost of $550,000 to be funded by CDBG funds, not the
general fund. She stated that she felt quite certain that these
funds would be approved when the entire CDBG package comes before
the Council a short time hence.
PUBLIC COMMENTS - GARY KIRBY
(5)
Gary Kirby, 1505 Yardley Street, Sa~ Bernardino, CA, suggested
that the Mayor and Council return to the practice of allowing five
minutes per person during the public comments portion of the
meeting, since those individuals who had abused this privilege were
no longer attending the meetings.
PUBLIC COMMENTS - BILL ROGERS
(5)
Bill Rogers, 1482 East Davidson Street, San Bernardino, CA,
requested input from the Mayor and Council on an alternate plan to
Measure S.
PUBLIC COMMENTS - DONALD BURRESS
(5)
Donald Burress, 1483 Gould Street, San Bernardino, CA, stated
that Council Member Arias has failed to respond to inquiries made
by her constituents.
PUBLIC COMMENTS - LINDA RUIZ
(5)
Linda Ruiz, 1589 South Berry Street, San Bernardino, CA,
expressed displeasure with the representation of Council Member
Arias.
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2/17/1997
PUBLIC COMMENTS - ISABEL MONROY
(5)
Isabel Monroy, 1473 East Davidson Street, San Bernardino, CA,
stated that she and her family, as well as some of her neighbors,
could not afford to support Measure S.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that full reading of the
resolutions and ordinances on the regular, supplemental, addendum
to the supplemental, and additional addendum to the supplemental
agendas of the Mayor and Common Council be waived.
COUNCIL MINUTES
(7)
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form:
December 16, 1996; January 13, 1997.
RES. 97-43 - 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) (8)
Council Member Curlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted; and that the City
Clerk be directed to administratively remove any properties from
Exhibit A which have been paid.
The motion carried, and Resolution No. 97-43
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
CLAIMS AND PAYROLL
(15)
Council Member Curlin 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 February 11, 1997, from the Director of Finance be
approved.
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2/17/1997
PERSONNEL ACTIONS
(16)
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the personnel
actions as submitted by the Chief Examiner dated February 6,
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. 97-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SIGNAL MAINTENANCE, INC., FOR
TRAFFIC SIGNAL MODIFICATION ON FIFTH STREET, AT "G"
STREET, "F" STREET AND SIERRA WAY. (17)
Council Member Curlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-44 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RATIFY WAIVER OF FEES - $1,670.48 - FIREMAN'S MUSTER -
FEBRUARY 15, 1997 (9)
Mayor Minor submitted a Staff
requesting Council ratification
associated with the conduct of the
on February 15.
Report dated February 10, 1997,
of his action to waive fees
Fireman's Muster which was held
Gary Kirby, 1505 Yardley Street, San Bernardino, CA, stated
that he was astounded to see that this action was being taken
retroactively.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the action taken by
Mayor Tom Minor to waive $1,670.48 in fees connected with the
conduct of a Fireman's Muster on February 15, 1997, be ratified.
RES. 97 -45 RESOLUTION OF THE CITY COUNCIL OF SAN
BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET
FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1997 ANIMAL
CONTROL TRUCK TO BE UTILIZED BY THE ANIMAL CONTROL
DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE
WITH BID SPECIFICATION F-97-16-A. (10)
RES. 97 -46 RESOLUTION OF THE CITY COUNCIL OF SAN
BERNARDINO AWARDING A PURCHASE ORDER TO WONDRIES FORD FOR
FURNISHING AND DELIVERY OF FOUR (4) 1997 FORD TAURUS MID-
SIZE SEDANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE
CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID
SPECIFICATION F-97-16-D. (11)
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2/17/1997
RES. 97 -47 RESOLUTION OF THE CITY COUNCIL OF
BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD
FURNISHING AND DELIVERY OF TWO (2) 1997 FORD ONE (1)
CARGO VANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF
CITY OF SAN BERNARDINO IN ACCORDANCE WITH
SPECIFICATION F-97-16-C.
SAN
FOR
TON
THE
BID
(12)
RES. 97-48 RESOLUTION OF THE CITY COUNCIL OF SAN
BERNARDINO AWARDING A PURCHASE ORDER TO DEL AMO DODGE FOR
FURNISHING AND DELIVERY OF THIRTEEN (13) 1997 DODGE NEON
COMPACT SEDANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF
THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID
SPECIFICATION F-97-16-B. (13)
RES. 97 -49 RESOLUTION OF THE CITY COUNCIL OF SAN
BERNARDINO AWARDING A PURCHASE ORDER TO WONDRIES FORD FOR
FURNISHING AND DELIVERY OF THREE (3) EACH 1997 ONE (1)
TON PICK-UP TRUCKS WITH SERVICE BODIES TO BE UTILIZED BY
THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO
IN ACCORDANCE WITH BID SPECIFICATION F-97-16-E. (14)
Council Member Oberhelman stated he would like to review the
mid-year budget to see what the impact on revenue would be from
Measure 218 and the loss of the cemetery sale, prior to making a
decision on these items.
Mayor Minor pointed out that these vehicles had already been
budgeted and asked the Council to approve said resolutions.
Council Member Oberhelman made a motion, seconded by Council
Member Arias, that said resolutions be continued to the Mayor and
Council meeting of March 17, 1997.
The motion failed by the following vote:
Members Curlin, Arias, Oberhelman. Nays: Council
Devlin, Anderson, Miller. Absent: None.
Ayes: Council
Members Negrete,
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolutions be adopted.
Resolution Nos. 97-45, 97-46, 97-47, 97-48, and 97-49 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Devlin, Anderson, Miller. Nays: Council Members Arias,
Oberhelman. Absent: None.
RECESS MEETING
At 10:01 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10: 07 a . m., Mayor Minor reconvened the j oint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
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2/17/1997
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; City Attorney Penman, City
Clerk Rachel Clark, Acting City Administrator Wilson. Absent:
Council Members Curlin, Miller.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3887 - 100 WEST HOSPITALITY LANE - MANTA MANAGEMENT
(eontinued from January 27, 1997) (18)
Council Member Devlin made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of May 5, 1997.
COUNCIL MEMBERS CURLIN & MILLER RETURNED
At 10:10 a.m., Council Members Curlin and Miller returned to
the Council meeting and took their places at the council table.
PUBLIC HEARING - IMPOSE LIENS - CERTAIN PARCELS OF REAL
PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (19)
City Clerk Rachel Clark submitted a Staff Report dated January
30, 1997, regarding the imposition of liens on certain parcels of
real property for uncollected business registration fees.
Mayor Minor opened the hearing.
Charles Hendricks, 131 South Chelsea Park Place, Tucson,
Arizona, owner of the property located at 6415 Escena Street,
requested an extension of time to pay the Business Registration
fee. A letter written by Mr. Hendricks on March 26, 1996,
regarding the Escena Street property, was submitted into the
record.
RES. 97-50 - 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 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. 97-50 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson. Nays: None. Abstain: Council
Member Miller. Absent: None.
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2/17/1997
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3927 - 2084 SUNRISE LANE - LARRY KOCH (20)
Bill Skiles, Code Compliance Manager, submitted a Staff Report
dated February 5, 1997, regarding the property located at 2084
Sunrise Lane, recommending that the Board of Building
Commissioners' order be upheld.
Mayor Minor opened the hearing.
Larry Koch, 711 East Phillips Boulevard, Pomona, CA, informed
the Council that all deficiencies had been corrected. He stated
that each time he is made aware that there is a problem, he
corrects it.
Manager Skiles stated that said property is located in a high
density zone in the Arden Guthrie area and continues to go in and
out of compliance, and that some violations still remain.
Council pointed out that as a property owner, Mr. Koch should
be aware of problems with his property and rectify them without
having to be notified each time by the City.
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that the hearing be closed;
and that the Mayor and Common Council deny the appeal and uphold
the order of the Board of Building Commissioners as described in
~ Order No. 3927 dated December 20, 1996.
MEASURE S - REPORT BY CITY ATTORNEY
(21)
City Attorney Penman submitted a Staff Report dated February
10, 1997, regarding Measure S and addressed questions regarding the
mobile home residency law, Assessment District No. 994, and who is
entitled to vote on Measure S.
The following individuals expressed opposition to Measure S:
Gary Kirby, 1505 Yardley Street, San Bernardino, CA.
Dr. Elsa Valdez, 748 Dover Drive, San Bernardino, CA.
Dennis Miele, 2505 Foothill #81, San Bernardino, CA.
Bill Rogers, 1482 East Davidson Street, San Bernardino, CA.
Bob Lien, 1833 Kenwood Avenue, San Bernardino, CA.
Jay Lindberg, 1622 Guthrie Street, San Bernardino, CA.
Harold Duffy, 5028 Wyche Court, San Bernardino, CA.
Donald Burress, 1483 Gould Street, San Bernardino, CA.
Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA.
Robin Miller, 235 Carousel Mall, San Bernardino, CA.
Ted Humann, 1643 Gould Street, San Bernardino, CA.
Mike Eitelhoff, 1213 East Laurelwood Dr., San Bernardino, CA.
Linda Ruiz, 1589 Berry Street, San Bernardino, CA.
Gloria Rogers, 1482 East Davidson Street, San Bernardino, CA.
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2/17/1997
~
Arturo Quezada, 1560 East Davidson Street, San Bernardino, CA.
Laverne Sexton, 441 East Caroline Street, San Bernardino, CA.
Gordon McGinnis, 2528 York Court, San Bernardino, CA.
Marjorie Hall, 1464 Gould Street, San Bernardino, CA.
Isabel Monroy, 1473 East Davidson Street, San Bernardino, CA.
Elliott Livingston, 1361 Susan Avenue, Redlands, CA.
The following individuals expressed support for Measure S:
Steve Filson, resident of San Bernardino and president of the
Police Officers' Association.
Esther Estrada, resident of San Bernardino.
Robert Rego, 853-A Lynwood Drive, San Bernardino, CA.
There was no further action taken on this matter.
CITY ATTORNEY PENMAN EXCUSED
At 11:48 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Carlyle.
ACTING CITY ADMINISTRATOR WILSON EXCUSED
At 11: 48 a. m., Acting City Administrator Wilson left the
Council meeting and was replaced by Economic Development Agency
Administrator Steinhaus.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED
At 11:48 a.m., Economic Development Agency Special Counsel
Sabo arrived at the Council meeting.
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 11:50 a.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 and ordinances on the regular and supplemental agendas
of the Community Development Commission/San Bernardino Joint Powers
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2/17/1997
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority/San Bernardino Associated Communities Financing
Authority and Mayor and Common Council be waived.
APPROVE PROPOSED APPLICATION HOUSING & URBAN
DEVELOPMENT (HUD) 108 LOAN GUARANTEE - DOWNTOWN CINEPLEX
(R7)
Ronald E. Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated February 12, 1997,
recommending that the Mayor and Council approved the proposed
application for Section 108 loan guarantee assistance for the
downtown cinema complex.
Mayor Minor opened the hearing.
Development Director Winkler explained the two separate
motions proposed for the Council's approval, stating that although
these motions would allow the filing of an application, they do not
provide authority to actually consummate a HUD 108 guaranteed loan.
The following individuals expressed support for the downtown
cineplex:
Kandy Roe, 2373 Willow Drive, San Bernardino, CA, who also
submitted a letter dated February 17, 1997.
James Roe, 2373 willow Drive, San Bernardino, CA.
Hy Weitzman, 548 East Fairmount Drive, San Bernardino, CA.
Greg Brittain, 330 North D Street, # 300, San Bernardino, CA.
Sam Catalano, 3930 Broadmoor Blvd., San Bernardino, CA.
Wallace Green, 2634 West Spruce Street, San Bernardino, CA.
Robin Miller, 235 Carousel Mall, San Bernardino, CA.
Robert Curci, 295 Carousel Mall, San Bernardino, CA.
Tony Casas, 654 South H Street, San Bernardino, CA.
Harold Duffy, 5028 Wyche Court, San Bernardino, CA.
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
closed.
seconded
that the
by Counc i 1
hearing be
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously car-ried, that the Mayor and
Common Council approve, without modification, the proposed
application for Section 108 loan guarantee assistance for the
downtown cinema complex project from the U.S. Department of Housing
and Urban Development (HUD) and direct preparation of the final
application for public distribution and for submission to HUD; and
that the Mayor and Common Council authorize the Mayor of the City
of San Bernardino to submit an application for HUD 108 loan
guarantee assistance for the downtown cinema complex project
14
2/17/1997
together with amendments thereto and all understandings and
assurances contained therein; and, further, that the Council direct
and authorize the Mayor to act in connection with the application
to provide such additional information as may be required.
RECESS MEETING
At 12:20 p.m., the joint regular meeting of the Mayor and
Common Council and Community Development Commission recessed to
2:00 p.m. in the Council Chambers of City Hall.
RECONVENE MEETING
At 2:01 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,
Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney
Empeno, City Clerk Rachel Clark, Director of Planning and Building
Services Hays. Absent: Council Member Curlin.
DIRECT PREPARATION BY PLANNING STAFF GENERAL PLAN
AMENDMENT - CHANGE LAND USE DESIGNATION FROM RS TO RU-l -
PROPERTIES BOUNDED BY JULIA, CLUSTER, & ALLEN STREETS AND
THE A.T. & S.F. RAILROAD RIGHT-OF-WAY (32)
~
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated January 14, 1997, recommending
preparation of a general plan amendment which would change the land
use designation from RS, Residential Suburban, to RU-l, Residential
Urban, on certain properties bounded by Julia, Cluster, and Allen
Streets and the A.T.& S.F. Railroad right-of-way.
Director Hays informed Council that said area is comprised of
many multi-family properties and two vacant properties. He stated
that it is hoped that potential property owners will come in and
rehabilitate many of these properties.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that Planning staff be
directed to prepare a general plan amendment that changes the land
use designation from RS, Residential Sub-clrban, to RU-l, Residential
Urban, on properties bounded on the north by Julia Street, on the
south by Cluster Street, on the east by Allen Street, and on the
west by the A.T. & S.F. Railroad right-of-way.
DIRECT PREPARATION BY PLANNING STAFF
AMENDMENT ESTABLISH STANDARDS
DISPLAYS
- DEVELOPMENT CODE
PERMANENT OUTDOOR
(33)
15
2/17/1997
Michael E. Hays, Director of Planning and Building
.submitted a Staff Report dated January 14, 1997,
preparation of a development code amendment which would
standards for permanent outdoor displays.
Services,
regarding
establish
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that Planning staff be
directed to prepare a development code amendment to establish
standards by which permanent outdoor displays may be approved.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:10 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED
At 2:10 p.m., Director of Planning and Building Services
left the Council meeting and was replaced by Acting
Administrator wilson.
Hays
City
RES. 97-51 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO SUPPORTING AB 97, KNOWN AS
THE "FRUSETTA-MORRISSEY FLOOD PREVENTION ACT OF 1997."
(22)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 97-51 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Curlin.
RES. 97-52 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AMENDMENT NO. TWO TO
STANDARD AGREEMENT, CONTRACT NO. W957032, WITH THE
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO, RELATING TO THE INSTALLATION OF TRAFFIC
SIGNALS AT NORTH PARK BOULEVARD AND COYOTE DRIVE. (23)
Council Member Devlin made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-52 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Curlin.
RES. 97-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIM,
NASCIMENTO & CHAVEZ ENGINEERING FOR PROFESSIONAL
ENGINEERING SERVICES RELATIVE TO WIDENING THE BRIDGE ON
RIALTO AVENUE AT EAST TWIN CREEK CHANNEL. (24)
16
2/17/1997
Council Member Anderson made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-53 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Curlin.
APPROVE PLAN NO.
ARROWHEAD AVENUE
ADVERTISEMENT FOR
9142 EXTEND
TO TIPPECANOE
BIDS
ORANGE
AVENUE
SHOW ROAD
AUTHORIZE
(25)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 4, 1997, requestlng
approval of plans and authorization to advertise for bids for the
extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Avenue, in accordance with Plan No. 9142, be approved; and that the
Director of Public Works/City Engineer be authorized to advertise
for bids.
APPROVE CONTRACT CHANGE ORDER NO. 18 RIVERSIDE
CONSTRUCTION - IMPROVE ACCESS ROADS TO PASSENGER TERMINAL
& PARKING FACILITIES - SAN BERNARDINO TRADE CENTER AND
INTERNATIONAL AIRPORT - PLAN NO. 9283 (26)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated January 28, 1997, regarding approval
of Change Order No. 18 to the contract with Riverside Construction
for improvement of the access roads to the passenger terminal and
parking facilities at the San Bernardino Trade Center and
International Airport.
City Attorney Penman declared a conflict of interest, since he
had received campaign contributions from Riverside Construction.
Council Member Anderson made a motion, seconded by Council
Member Devlin, and unanimously carried, that Change Order No. 18 to
the contract with Riverside Construction, for improvement of access
roads to the passenger terminal and parking facilities for the San
Bernardino Trade Center and International Airport, in accordance
with Plan No. 9283, be approved; to authorize additional
compensation for the removal and disposal of unknown asbestos
material and the connection of water laterals on Leland Norton Way,
at the negotiated price of $71,514.04, from $2,723,673.32 to
$2,795,187.36, as settlement in full of all outstanding claims.
17
2/17/1997
APPROVE CONTRACT CHANGE ORDER NO. TWO HOLLAND- LOWE
CONSTRUCTION, INC. - STREET & TRAFFIC SIGNAL IMPROVEMENTS
TIPPECANOE AVENUE, FROM REDLANDS BOULEVARD TO
HOSPITALITY LANE - PLAN NO. 8888 (27)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 3, 1997, regarding Change
Order No. Two to the contract with Holland-Lowe Construction, Inc.,
for street and traffic signal improvements on Tippecanoe Avenue,
from Redlands Boulevard to Hospitality Lane.
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that Change Order No. Two
to the contract with Holland-Lowe Construction, Inc., for traffic
signal and street improvements on Tippecanoe Avenue, from Redlands
Boulevard to Hospitality Lane, in accordance with Plan No. 8888, be
approved; to authorize the additional work required in the removal
and replacement of unsuitable material and for additional
excavation, on a time and material basis, at a cost not to exceed
$44,000, for an increase in the contract price from $367,419.45 to
$411,419.45; and that the Director of Finance be authorized to
amend the 1996-97 budget to reflect a $44,000 increase in the
project allocation.
~
ORD. MC-991 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL
CODE AMENDING SECTION 5.04.640 ALLOWING CRIMINAL
PROSECUTIONS AGAINST BUSINESSES AND PROFESSIONS THAT ARE
REQUIRED TO BE LICENSED BY THE STATE. Final (28)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said ordinance be adopted.
Ordinance No. MC-991 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Curlin.
RES. 97-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPOINTING ELECTION OFFICERS AND DESIGNATION OF POLLING
PLACES PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
12286 FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH
18, 1997. (29)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 97-54 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Curlin.
18
2/17/1997
BUDGET AMENDMENT - ELECTION COST - INCREASE ECONOMIC
DEVELOPMENT AGENCY (EDA) REIMBURSEMENT TO CITY CLERK'S
BUDGET - ELECTION COSTS (30)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated January 13, 1997, regarding an amendment to the fiscal year
1996-1997 budget to cover election costs.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor and Common
Council authorize the Director of Finance to amend the fiscal year
1996-97 budget to reflect a $23,000 increase in the City Clerk's
budget for election costs, and a corresponding budget increase in
the EDA revenue reimbursement account.
COUNCIL MEMBER CURLIN RETURNED
At 2:17 p.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
RES. 97-55 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY
PURCHASING AGENT TO EXECUTE AN AGREEMENT AND ISSUE A
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND
COLLECTECH SYSTEMS, INC. , FOR DELINQUENT ACCOUNT
COLLECTION SERVICES. (31)
Council Member Anderson made a motion, seconded by Council
~. Member Oberhelman, that said resolution be adopted.
Resolution No. 97-55 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 97-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXPENDITURE OF $30,000 IN SALARY/BENEFIT
SAVINGS FROM THE POLICE DEPARTMENT'S GENERAL FUND BUDGET
TO FUND CONTRACT BACKGROUND INVESTIGATIONS FOR POLICE
OFFICER APPLICANTS AND THE SELECTION OF PRC
INVESTIGATIONS TO PROVIDE CONTRACT BACKGROUND
INVESTIGATIONS SERVICES FOR THE POLICE DEPARTMENT. (S2)
Council Member Anderson made a motion, seconded by Council
Member Negrete, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 1996-97 budget
for the Police Department to move $30,000 from Account No. 001-213-
5011 to Account No. 001-224-5505.
The motion carried, and Resolution No. 97-56 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
19
2/17/1997
~
RES. 97-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE
AGREEMENT WITH THE CITY OF RIVERSIDE FOR THE CONSTRUCTION
OF ORANGE SHOW ROAD ACROSS THE GAGE CANAL. (S3)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-57 was adopted by the following vote:
Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: None.
Ayes:
Devlin,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO COMMITTING TO PROVIDE FUNDS TO FINANCE
ONE-THIRD OF THE COST FOR INSTALLATION OF SOUNDWALLS
ALONG ROUTE 30 FREEWAY FROM THE EAST TWIN CREEK CHANNEL
TO GOLDEN AVENUE. (Sl)
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding the criteria for the construction of
freeway soundwalls. He pointed out that even if the Council
adopted said resolution, it would be several years down the road
before construction would actually take place.
Discussion ensued regarding the noise level requirements, the
timelines for construction, whether the City's share ($400,000)
would remain constant over the next four or five years, and the
- fact that the City is committing to back up one-third of the cost
of something that the state is obligated to do.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted contingent on
available funds.
Council Member Negrete made a substitute motion, seconded by
Council Member Arias, that said resolution be adopted; and that the
amount paid by the City will be at today's prices, contingent on
available funds.
The substitute motion failed by the following vote:
Council Members Devlin, Anderson, Miller. Nays: Council
Negrete, Curlin, Arias, Oberhelman. Absent: None.
Ayes:
Members
APPROVE AGREEMENT DEPARTMENT
DEVELOPMENT (HUD) - PILOT PROGRAM
EIGHT HUD-OWNED PROPERTIES
OF HOUSING & URBAN
- LAWN MAINTENANCE -
(AS1)
City Attorney Penman submitted a Staff Report dated February
13, 1997, regarding an agreement with HUD, Arrowhead Homeowners
Association, and Los Padrinos for yard maintenance of eight vacant
HUD-owned properties.
20
2/17/1997
City Attorney Penman explained the proposed program, stating
that it had taken a lot of cooperation between all involved parties
to bring this program to fruition. He noted that the City had
agreed to provide the water and the Arrowhead cluster group and Los
Padrinos would do the work.
Mr. Penman explained that the agreement with HUD was not
available because the HUD office in Washington D.C. disagreed with
the Anaheim HUD office on some of the details. He recommended that
the Council authorize the Mayor to sign the agreement if they had
no objection to the program.
Council Member Negrete made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor be
authorized to sign an agreement with HUD, Arrowhead Home Owners
Association, and Los padrinos for a pilot program for lawn
maintenance on eight HUD-owned properties, upon approval of the
contract by the City Attorney's Office.
APPROVE RETENTION
PARRINELLO, MUELLER
PROPOSITION 218 ON
ASSESSMENTS
LAW FIRM OF NIELSEN,
& NAYLOR ADVISE ON
CITY'S TAXES, FEES,
MERKSAMER,
IMPACT OF
CHARGES &
(AAS1)
City Attorney Penman submitted a Staff Report dated February
14, 1997, recommending that the City obtain the services of an
outside law firm to analyze the impact of Proposition 218 on the
City of San Bernardino.
Mr. Penman recommended that a cap be placed on the amount
allocated for this purpose.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor be
authorized to sign the standard form for legal services with the
law firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor for
analysis of Proposition 218's impact on the City of San Bernardino,
with a cap of $10,000 to be paid in legal fees to the firm.
RECESS MEETING
At 2:59 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3:05 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.
21
2/17/1997
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; Deputy City
Attorney Empeno, Economic Development Agency Special Counsel Green,
City Clerk Rachel Clark, Economic Development Agency Administrator
Steinhaus. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK
ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN
BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY -
JOINT REGULAR MEETING
At this time, the Mayor and Common Council,
Community Development Commission, took action
Development Commission items.
acting as the
on Community
ADJOURNMENT (34)
At 3 :30 p.m., the meeting was adjourned. The next joint
regular meeting will be held at 8:00 a.m., Monday, March 3, 1997,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK
City Clerk
By ~a&5d
Deputy City Clerk
No. of Items: 41
No. of Hours: 6
22
2/17/1997