Loading...
HomeMy WebLinkAbout10-07-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 7, 19 % COUNCIL CHAMBERS The joint regular meeting of the ~ayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:04 a.m., Monday, October 7, 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, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Arias. RECESS MEETING - CLOSED SESSION meeting - pages 29 & 32) At 8:04 a.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Referenced later in the (I) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956,9(a): Leslie Bond vs. Communitv Development Commission/City of San Bernardino, et al. - San Bernardino Superior Court Case No, SCV 176373. B. Conference with legal counsel significant exposure to subdivision (b) of Governmen~ - 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 8:04 a.m" Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. 1 10/7/1996 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Arias. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Economic Development Agency Administrator Steinhaus. 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 and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER ARIAS ARRIVED At 8:14 a.m., Council Member Arias arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:17 a.m., Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 8:20 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 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, City Administrator Shauna Clark. Absent: Council Member Curlin. INVOCATION The invocation was given by Ernest Dowdy, Executive Director, San Bernardino Employment and Training Agency. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. 2 10/7/1996 APPOINTMENTS - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE & MAIN STREET ADVISORY BOARD - MAYOR MINOR (2 & AS1) Community Development Citizens Advisory Committee Clara O'Campo & Tom pierce Main Street Advisory Board Joann Roberts Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the appointments of Clara O'Campo and Tom pierce to the Community Development Citizens Advisory Board and Joann Roberts to the Main Street Advisory Board, as requested by Mayor Minor, be approved. APPOINTMENT - SAM HENLEY - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - MAYOR MINOR (2) Mayor Minor informed the Council that Mr. Henley would not be able to accept an appointment to the Community Development Citizens Advisory Committee at the present ti:ne and requested that the matter be tabled. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be tabled. PRESENTATIONS - 1996 ALUMNI - SAN BERNARDINO EMPLOYMENT & TRAINING AGENCY (SBETA) - JOB TR~INING PARTNERSHIP ACT (JTPA) (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of those individuals and/or organizations who were recently honored by SBETA and JTPA at their 1996 "Honoring Our Stars" Alumni Luncheon held on September 23, 1996. The following were recognized for their accomplishments: Michael and Carla Davis were presented with certificates of recognition at the luncheon, but were unable to attend the Council meeting. Leticia Calderon-Delgado and Norma J. Gonzales were honored as 1996 alumni and accepted their certificates of recognition. Accent Furniture, Inc., was presented the outstanding employer certificate of recognition, which was accepted by Bud Snyder, Plant Foreman. A certificate of recognition for outstanding presented to United States Truck Driving School and was Melanie Kirsch, Director, and John Nichols, Manager. school was accepted by 3 10/7/1996 COMMENDATION AGENCY (SBETA) BERNARDINO SAN BERNARDINO SIGNIFICANT EMPLOYMENT & CONTRIBUTION TRAINING TO SAN (3) J, Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Bernardino Employment and Training Agency (SBETA) for its significant contributions to the citizens and businesses of the city. Ernest Dowdy, Executive Director, San Bernardino Employment and Training Agency, accepted the commendation on behalf of the agency. PROCLAMATION - MAKE A DIFFERENCE DAY - OCTOBER 26, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Saturday, October 26, 1996, as "Make a Difference Day" in the City of San Bernardino. Bill Arlington, Solid Waste Manager, Public Services, accepted the proclamation on behalf of the Make a Difference Committee. PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 6-12, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 6-12, 1996, as Fire Prevention Week in the City of San Bernardino. Fire Chief Will Wright accepted the proclamation and invited everyone to the Fire Department open house at 200 East Third Street, San Bernardino, on Saturday, October 12, 1996, from 9:00 a.m. to 1:00 p.m. PROCLAMATION - CALIFORNIA RIDESHARE WEEK - OCTOBER 7-11, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 7-11, 1996, as "California Rideshare Week" in the City of San Bernardino. The proclamation was accepted by Jeanne' Fitzpatrick, Administrative Analyst, City Administrator's Office. PROCLAMATION - REDISCOVER SAN BERNARDINO MONTH - OCTOBER 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of October as Rediscover San Bernardino Month in the City of San Be,.nardino and announcing the Rediscover Community Fair to be held Saturday, October 19, 1996, at 4 10/7/1996 Perris Hill Park in San Bernardino. Claudia Oakes, Rediscover Committee member, accepted the proclamation on behalf of the committee. COMMENDATION NEIGHBORHOOD FREDDIE SPELLACY CLUSTER ASSOCIATIONS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Freddie Spellacy, for her dedicated service to the affairs of the community and her civic pride. Mrs. Spellacy accepted her resolu~ion of commendation. COMMENDATION - DEL ROSA NEIGHBORHOOD ACTION GROUP - DON MURRAY (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Don Murray, founder of the Del Rosa Neighborhood Action Group, for his civic pride and dedicated service to the affairs of our community. Mr. Murray accepted his resolution of commendation. COMMENDATION - ROUTE 66 RENDEZVOUS - VOLUNTEERS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Route 66 volunteers for their exemplary performance and hard work in organizing the biggest and best Route 66 Rendezvous ever. Charlie Oberhelman, Chairman of the Volunteer Committee, accepted the resolution of commendation on behalf of the committee. ANNOUNCEMENTS - COUNCIL MEMBERS NEGRETE, OBERHELMAN, & DEVLIN (4) Council Members Negrete, Oberhelman, and Devlin extended thanks and appreciation to everyone, and especially the volunteers, who made the Route 66 Rendezvous a great and successful event. ANNOUNCEMENT - COUNCIL MEMBER ARIAS (4) Council Member Arias congratulated the Sinfonia their recent concert at Coussoulis Stadium and volunteers who worked on Route 66. Mexicana for thanked the ANNOUNCEMENT - COUNCIL MEMBER ANDERSON (4) Council Member Anderson expressed sadness that Pastor Foster of the New Hope Missionary Baptist Church had passed away and extended condolences to the church and Pastor Foster's family. 5 10/7/1996 ANNOUNCEMENT - COUNCIL MEMBER MIL~ER (4) Council Member Miller stated that she had made a recent trip to Dallas, Texas, to accept an award given to Main Street from the International Downtown Association. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark announced that this date, October 7, was the last day to register to vote in the upcoming presidential election in November. She stated that the Registrar of Voters Office would be open until midnight to accept last minute registrations, and commended The Sun newspaper for election/voting articles they had recently published in their editorial page. ANNOUNCEMENT - CITY ATTORNEY PENM_~ (4) City Attorney Penman announced that on Saturday, October 19, from 3:00-4:00 p.m., at the Roosevelt Bowl in Perris Hill Park, there would be an interfaith prayer rally associated with the National Observance of Children's Sabbat hs, and encouraged everyone to attend_ City Attorney Penman also noted that contrary to the impression created by an article in The Sun newspaper on Sunday, October 6, the Fire and Police Departments, in conjunction with Code Enforcement, have worked very hard for many years to eradicate blight in the city of San Bernardino. ANNOUNCEMENT - MAYOR MINOR (4) Mayor Minor announced that the Rediscover San Bernardino Fair would be held at Perris Hill Park on Saturday, October 19, at 11:00 a. m.; and that the Red Ribbon Parade wOl:ld take place the same day. PUBLIC COMMENTS - LITA PEZANT (5) Lita Pezant, 1514 West Evans Street, San Bernardino, CA, stated that Senate Bill 2112, which gave the Mayor veto power over Community Development Commission items, is not a dead issue; and expressed concern that many of the people instrumental in the passing of SB 2112 may have a conflict of interest, and submitted campaign statements to substantiate her claim. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Devlin made a mction, seconded by Council Member Oberhelman, 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. 6 10/7/1996 COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Oberhelman, 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: August 19, 1996. RES. 96-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXTEND THE CLOSE OF ESCROW DESCRIBED IN PIONEER MEMORIAL CEMETERY SPECIFICATION NO. 15.05-210A, IN ORDER TO OBTAIN THE APPROVAL OF A CERTIFICATE OF AUTHORITY WHICH IS REQUIRED FOR THE SALE OF THE CEMETERY PURSUANT TO CALIFORNIA LAW. (8) RES. 96-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (11) RES. 96-294 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO A NUTRITION FOR SENIORS PROGRAM. (12) RES. 96-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. (13) RES. 96-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MORTON INTERNATIONAL FOR THE FURNISHING AND DELIVERY OF TRAFFIC PAINT AND SUPPLIES. (19) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 96-292, 96-293, 96-294, 96-295, and 96-296 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. AUTHORIZE ADMINISTRATION OF FEDERAL GRANT - $154,204 - CONTINUE HEADSTART/PRESCHOOL PROGRAM - DELMANN HEIGHTS COMMUNITY CENTER - SEPTEMBER 1, 1996 THROUGH AUGUST 31, 1997 - PARKS, RECREATION & COMMUNITY SERVICES (14) 7 10/7/1996 Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated August 24, 1996, requesting authorization to administer a federal grant in the amount of $154,204 to continue the Headstart/Preschool Program at Delmann Heights Community Center for ~he period of September 1, 1996, through August 31, 1997. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to administer a federal grant in the amount of $154,204 to continue the Headstart/Preschool Program at Delmann Heights Community Center for the period of September 1, 1996 thLough August 31, 1997. CLAIMS AND PAYROLL (17) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 1, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (18) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated September 19, 1996, in accordance with civil Service rules and Personnel policies adopted by the Mayor and Common COl;ncil of the City of San Bernardino, be approved and ratified. RES. 96-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER COMMISSIONERS. (9) Council Member Devlin made a mction, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Curlin, No. 96 - 2 97 was adopted by the following vote: Members Negrete, Oberhelman, Devlin, Anderson, Council Member Arias, Absent: Council Member RES. 96-298 - 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) (10) 8 10/7/1996 Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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 the following vote: Ayes: CounciL Oberhelman, Devlin, Anderson, Miller. Council Member Curlin. No. 96-298 was adopted by Members Negrete, Arias, Nays: None. Absent: RES. 96-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTIOK THIRTEEN, TEMPORARY/ PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION .., ESTABLISHING A BASIC COMPENSATION PLAN..." BY UPDATING INFORMATION CODIFYING PRIOR COUNC=L ACTIONS. (15) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-299 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, Arias, Oberhelman, Devlin, None, Absen~: Council Member Curlin. ESTABLISH SALARIES - FIRE DEPARTM3NT - RANGES P-l, P-2, P-3, & P-4 - EFFECTIVE AUGUST 1, ~996 (16) Barbara DiLLon, Personnel Director, submitted a Staff Report dated September 12, 1996, recommending the establishment of new salaries for Fire Department Ranges P-1 (Fire Fighter) P-2 (Paramedic/Fire Fighter), P-3 (Fire Engineer), and P-4 (Fire Investigator and Captain) effective August 1, 1996. Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that the salaries for Fire Department Ranges P-1 (Fire Fighter), P-2 (Paramedic/Fire Fighter) , P-3 (Fire Engineer), P-4 (Fire Investigator), and P-4 (Fire Captain) be estabLished, effective August 1, 1996, as outLined in the attached Staff Report from Barbara Dillon, Personnel Director, dated September 12, 1996; and that the Personnel Department be directed to prepare an amendment to Resolution Nos. 6429 and 6413, Section 13, APPROVE PLAN NO. 9568 - AUTHORIZE ADVERTISEMENT FOR BIDS INSTALL AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS COUNCIL CHAMBERS & FIRST FLOOR REST ROOMS (24) Roger Hardgrave, Director of P"bLic Works/City Engineer. submitted a Staff Report dated Septe:nber 17, 1996, requesting authorization to advertise for bids and approval of Plan No. 9568 9 10/7/1996 for improvements to the Council Chambers and first floor rest rooms to bring them into conformance with the Americans with Disabilities Act. Council Member Anderson made a rr.otion, seconded by Council Member Arias, and unanimously carried, that the plans for the construction of improvements to the Council Chambers and first floor rest rooms in accordance with Pla:l No. 9568, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE FACTORS OF CONSIDERATION - PROPOSED SPHERE OF INFLUENCE EXPANSION VICINITY OF ARROWHEAD SPRINGS/ CAMPUS CRUSADE FOR CHRIST SITE - LOCAL AGENCY FORMATION COMMISSION (LAFCO) 2813 (25) Roger Hardgrave, Director of Public Works/City Engineer, submi t ted a Staff Report dated September 18, 1996, recommending approval of the Factors of Consideration relative to the proposed expansion of the city's Sphere of Infl~ence in the vicinity of the Arrowhead Springs/Campus Crusade for Christ site, described in LAFCO 2813, Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Factors of Consideration relative to the proposed expansion for the City's Sphere of Influence for the area generally located in the vicinity of the Arrowhead Springs/Campus Crusade for Christ site, and more specifically described in LAFCO 2813, be approved; and that the City Clerk be authorized and directed to file a certified copy with the Executive Officer of the Local Agency Formation Commission, RES. 96-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION .., DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS ." AND PROVIDING THAT PENNSYLVANIA AVENUE IS A THROUGH HIGHWAY FROM AND INCLUDING POPLAR STREET TO RIALTO AVENUE. (26) Council Member Devlin made a mction, seconded by Council Member Anderson, that said resolution be adopted. Resolution No, 96-300 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, A:'ias, Oberhelman, Devlin, None, Absent: Council Member Curlin, RES. 96-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE BURLINGTON NORTHERN/SANTA FE RAILWAY COMPANY RELATIVE TO INSTALLATION OF A REPLACEMENT SEWER ALONG KINGMAN STREET, FROM MT. VERNON AVENUE TO "L" STREET. (27) 10 10/7/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the expenditure of $31,000 from Account No. 132-431-5504-7071, "Major Repairs - Varlous Locations," to finance the City's one-half share of the cost for installation of a replacement sewer in Kingman Street, from Mt. Vernon Avenue to "L" Street, be approved; and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Curlin. No. 96-301 was adopted by Members Negrete, Arias, Nays: None. Absent: RES. 96-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO REJECTING THE LOW BID FROM H & H GENERAL CONTRACTORS AND AWARDING A CONTRACT TO F.T. PIPELINE CONSTRUCTION COMPANY FOR INSTALLATION OF STORM DRAIN IMPROVEMENTS ON 48TH STREET, FROM ELECTRIC AVENUE TO PERSHING AVENUE. (28) Council Member Oberhelman made a n~otion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-302 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent:: Council Member Curlin. RECESS MEETING At 9:49 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 9:56 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, City Administrator Shauna Clark. Absent: Council Member Curlin. RES. 96-303 - RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHOR:ZING THE EXECUTION OF A MONTH TO MONTH COMPUTER HARDWARE SERVICE AGREEMENT WITH DIGITAL EQUIPMENT CORPORATION FOR MAINTENANCE OF ALL MAJOR CITY SYSTEMS, NETWORK INFRASTRUCTURE AND PERIPHERALS, (29) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. 11 10/7/1996 Resolution No. 96 - 3 03 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absen~: Council Member Curlin, APPROVE POLICY CHANGE - ISSUE PAYCHECKS - 15TH OF MONTH & LAST DAY OF MONTH - EFFECTIVE JANUARY 1, 1997 - FINANCE DEPARTMENT (32) Barbara pachon, Director of Finance, submitted a Staff Report dated September 10, 1996, recommending that the Mayor and Council make a policy decision to issue paychecks for the first pay period of the month on the 15th and for the second pay period of the month on the last day of each month, rather t:lan the 1st and 15th of each month, which is the current practice. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council make the policy decision to issue paychecks for the first pay period of the month on the 15th and for the second pay period of the month on the last day of the month (currently issued on the 1st day of the following month) AUTHORIZE TRANSFER - ASSET FORFEITURE FUNDS - SET UP - POLICE COMMUNITY SERVICE OFFICES later in the meeting - page 16) RENOVATE & (Discussed (35) Wayne Harp, Assistant Chief of Police, submitted a Staff Report dated September 19, 1996, requesting a transfer of funds from the Asset Forfeiture account to pay for the set up of a new community service office at 1993 South 8iners Court and renovation of all seven community service centers (including the Diners Court center) . Discussion ensued as to whether this would be a legal use of asset forfeiture funds, and it was recommended that the matter be referred to the Ways and Means Committee. City Attorney Penman stated that although the rules have changed several times, he believed th:s would be a legal use of said funds. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the matter be referred to the Ways and Means Committee. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Anderson, Miller, Council Member Devlin. Absent: Council Member Curlin. Council Nays: 12 10/7/1996 ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (4) City Administrator Shauna Clark stated that she had spoken with City Attorney Penman relative to the article in The Sun newspaper, and she stressed that she had not meant to imply that the Mayor and Council, City Attorney, Police and Fire Departments, or any other departments, were not fully behind Code Enforcement's efforts to clean up the community. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR A DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM. (23) Mayor Minor requested that the matter be continued until after the joint meeting of the Mayor and Council and San Bernardino City Unified School District Board, stating "e was hesitant to take this action until after the November election when people will vote on Proposition 218, the Voter Approval :or Local Government Taxes measure. Lieutenant Larry Neigel, San Bernardino Police Department, introduced the members of the DARE team and stated that a continuance would not interrupt any of their current programs. Council Member Devlin made motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of November 18, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3603 - 194 EAST 11TH STREET - MGR. SERVICES, INC. (21) There was no staff report submitted regarding this matter; however, backup material was submitted. City Administrator Shauna Clark stated that this item could be tabled as the property lS owned by Federal Deposit Insurance Corporation (FDIC), and they are working with the Economic Development Agency regarding resolution of the matter. Council Member Negrete made a motion, Member Anderson, and unanimously carried, tabled. seconded by Council that the matter be APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3583 - 2158 MC KINLEY STREET PAULINO OROZCO (22) 13 10/7/1996 Planning and Building Services submitted a Staff Report dated October 2, 1996, recommending that the ~ayor and Council uphold the findings of the Board of Building Commissioners (BBC) and deny the appeal. Mayor Minor opened the hearing. Paulino Orozco, 1138 Ramona Street, San Gabriel, CA, requested a 30-day extension to correct the violations and a waiver of the imposed fees in the amount of $580. Mr. Orozco stated that he had completed all of the required repain' inside the structure and needed time to work on the outside of the building. He added that he is able to come to San Bernardino from Los Angeles only once or twice a week to work on the property. Bill Skiles, Code Compliance Manager, stated that on August 1, 1996, the BBC had accepted staff's recommendation and determined that the buildings at 2158 McKinley Street constituted a public nuisance. He noted that an inspection of the premises had been conducted on October 2, and the violiitions still remained. He recommended that the Mayor and Council uphold the BBC findings and deny the appeal, Council Member Miller made a motion, Member Anderson, and unanimously carried, closed; and that the appeal be denied, seconded that the by Counc i 1 hearing be APPROVE PROPOSED ACTIONS DEMOLITION OF PROPERTIES ARDEN/GUTHRIE AREA (Carried over from September 30, 1996) (30) City Administrator Shauna Clark submitted a Staff Report dated September 27, 1996, regarding Council approval of actions needed for demolition of six properties in the Arden/Guthrie area, Administrator Clark stated that certain amendments to the proposed motions had been recommended and read the amended motions for Council consideration. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Council ratify the actions of the Mayor directing the City Administrator to issue purchase orders for demolition costs related to six properties of the 20 properties at the Arden and Gu~hrie area in an amount of $149,255; and that the City Administratcr be authorized to initiate a bid process to demolish the remaining structures authorized for demolition on September 23, 1996, in the Arden and Guthrie area in an amount not to exceed $350,000, 14 10/7/1996 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND MEMBERS OF SAID AUTHORITY AND ACKNOWLEDGING CERTAIN OBLIGATIONS INCURRED BY THE CITY OF SAN BERNARDINO PURSUANT TO A JOINT POWERS AGREEMENT ESTABLISHING THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, (Carried over from September 30, 1996) (31A) It was noted that this item was also agendized on Community Development Commission agenda (Item RS3 page therefore, it was requested that the matter be tabled. the 20) ; Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RECOMMENDATION - FROM HUMAN RELATIONS COMMISSION TO MAYOR AND COMMON COUNCIL - EXPRESS OPPOSITION - PROPOSITION 209 - CALIFORNIA CIVIL RIGHTS INITIATIVE (CCRI) (33) The City of San Bernardino Human Relations Commission submitted a Staff Report dated September 19, 1996, wherein they expressed their opposition to Propositicn 209, the California civil Rights Initiative (CCRI), and requested that the Mayor and Council also express their opposition to Proposition 209. Mr. G. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, Chairman of the Human Relations Commission, stated that Proposition 209 divides the community, that the Commission opposes Proposition 209, and requested that the Mayor and Council also express opposition to said proposition. City Attorney Penman noted that it is illegal to use taxpayers funds to advocate a "yes" or "no" on ba~lot issues; and noted that the Chairman of the Fair Political Practices Commission has said that their regulations prohibit legislative bodies from taking positions on issues that are on the ballot. Discussion ensued regarding Mr. Penman's comments and whether the Council was in any danger of risking any monies if they voted for this. It was also noted that Proposition 209 would adversely affect women, as well as ethnic minorities. City Attorney Penman did not think the Council would be at risk by taking a position on this matter. Council Member Arias made a motion, seconded by Council Member Anderson, that the Mayor and Commcm Council express their opposition to Proposition 209, and hereby recognizes the Human Relations Commission's opposition of same. 15 10/7/1996 The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Anderson, Miller, Council Member Devlin. Absent: Council Member Curlin. Council Nays: RES. 96-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO: ARTICLE 48, TERM, TO EXTEND TERM OF MEMORANDUM OF UNDERSTANDING FROM AUGUST 31, 1996 TO DECEMBER 31, 1996, BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY THE SAN BERNARDINO CITY PROFESSIONAL FIRE FIGHTERS, LOCAL 891; ARTICLE 16, LEAVE PROVISIONS, GRk~TING 96 HOURS OF TIME OFF IN THE AGGREGATE THROUGH DECEMBER 31, 1996, TO EMPLOYEES ELECTED TO UNION BOARD, TO PERFORM OFFICIAL UNION FUNCTIONS, WITH NO CARRY-OVER OF TIME NOT USED; AMEND DEFINITION OF TERMS, AND ART=CLES 1, 6, 11, 20, 23, 45; AND, RESUME NEGOTIATIONS IN M=D-NOVEMBER 1996. (34) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolutio:l be adopted. Resolution No. 96-304 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, Arias, Oberhelman, Devlin, None. Absen::: Council Member Curlin. RES. 96-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLIN:C, RELATING TO MEDICAL SERVICES. (Continued from September 16, 1996) (36) Council Member Arias expressed her concern that the City is paying too much money for medical servi~es and advocated going out to bid the next time said contract is up for renewal. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No, 96-305 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absen:_: Council Member Curlin, AUTHORIZE TRANSFER - ASSET FORFEITURE FUNDS SET UP - POLICE COMMUNITY SERVICE OFFICES earlier in the meeting - page 12) - RENOVATE & (Discussed (35) City Attorney Penman stated that his office had ascertained that asset forfeiture funds could be used for the renovation of the police community service offices. Council Member Devlin made a motion, seconded Member Negrete, that the previous actio:l taken to refer to the Ways and Means Committee, be reconsidered. by Council this matter 16 10/7 /1996 The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Council Member Miller. Absent: Counc:l Member Curlin, Council Nays: Council Member Devlin made a mo::ion, seconded by Council Member Oberhelman, that the expenditure of asset forfeiture funds be authorized for the renovation of seven (7) community service offices and purchase of basic office equipment for the newest office. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Council Member Miller. Absent: Council Member Curlin. Council Nays: RECESS MEETING At 10:53 a.m" Mayor Minor declared a ten-minute recess, COMMUNITY DEVELOPMENT COMMISSION,' SAN BERNARDINO POWERS FINANCING AUTHORITY/SA~ BERNARDINO ACQUISITION JOINT POWERS FINANCI~G AUTHORITY REGULAR MEETING At 11:05 a,m., Chairman Minor re~onvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council. JOINT PARK JOINT ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Chairman Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Mille:'; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Arias. 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 notion, seconded by Council Member Anderson, 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 Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council, be waived. 17 10/7/1996 RES. 96-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO SOUTH COAST LIGHTING FOR THE FURNISHING OF STREET LIGHTING LUMINAIRES FOR MAIN STREET STREETS CAPE IMPROVEMENTS ON SIXTH STREET, FROM "H" STREET TO "E" STREET. (R4) RES. 96-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO UNION METAL CORPORATION FOR THE FURNISHING AND DELIVERY OF STREET LIGHT POLES, TENONS AND ANCHOR BOLTS. (R5) RES. 96-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO QUIEL BROTHERS ELECTRIC SIGN SERVICE COMPANY, INC., FOR INSTALLATION OF AN ORNAMENTAL METAL ARCH SIGN ON SIXTH STREET, EAST OF "G" STREET. (R6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions be adopted, Resolution Nos. 96-306, 96-307, and 96-308 were adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None, Absent: Council Members Curlin, Arias. SET PUBLIC HEARING - OCTOBER 21, 1996 AT 11:00 A.M. ADOPT 1995/96 CONSOLIDATED PLAN ANNUAL REPORT - APPROVE HOME INVESTMENT PARTNERSHIP ACT & COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PERFORMANCE REPORTS APPROVE COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CDCAC) RECOMMENDATIONS FOR REALLOCATION OF 1995/96 CDBG FUNDS - SOLICIT COMMENTS ON THIRD-YEAR AC'~ION PLAN (R7) Ronald Winkler, Director, Development Department, Economic Development Agency, submitted a Staff Report dated October 2, 1996, relative to setting a public hear:,ng on the redevelopment consolidated plan for the expenditure of funds. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council establish October 21, 1996, at 11:00 a,m., as the date and time for the public hearing to review and adopt the 1995/96: Consolidated Plan Annual Report, the HOME Investment Partnership Act Program Performance Report, the Community Development Block Grant (CDBGl Performance Report; obtain the views of citizens relative to these reports; consider and adopt Community Development Citizens Advisory Committee recommendations for the reallocation of 1995/96 CDBG funds; and solicit citizen comments on community needs for the Third Year Action Plan. 18 10/7/1996 PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT - PREMIS PARTNERS (HATLE) WAREHOUSE & DISTRIBUTION FACILITY (Discussed later in the meeting - page 31) (R9) Ronald Winkler, Director, Development Department, Economic Development Agency, submitted a Staff Report dated October 2, 1996, regarding a Disposition and Development Agreement between the City of San Bernardino and Premis Partners (Hatle) for development of a warehouse and distribution facility. Mayor Minor opened the hearing. John Hoeger, Project Manager, Development Department, Economic Development Agency, presented background information on the acquisition and development of said property by the Economic Development Agency (EDA) , He stated that the property originally consisted of 40 acres divided into four parcels; however, last year Parcel 2 was sold by the EDA and developed by Mr. Russ Hatle, who completed construction of a packaging ar:d distribution facility for Prime Line Products. Mr. Hatle is now proposing to develop Parcel 1, which can accommodate a building as large as 285,000 square feet. Discussion ensued regarding the proposed selling price of $1 per square foot, the particulars of the proposed agreement, the monetary loss sustained by the EDA since it became involved with this property, and the date of the mos~ recent appraisal, Richard Hart, 939 East Gilbert S=reet, San Bernardino, CA, took exception to the projected sales tax revenues and expressed opposition to the project. He submitted into the record a report entitled, PREMIS PROJECT REPORT, to substantiate his claims. Council Member Devlin made Member Anderson, and unanimously closed. a motion, carried, seconded that the by Council hearing be Council expressed concern over the proposed selling price and a desire to review the most current appraisal prior to making a decision on this matter; particularly, since this land had received offers greater than $1 per square foot prior to EDA's ownership. It was also noted that the agency would be losing approximately one-third in terms of what the propertv has already cost them. Mayor Minor noted that the last tcme he toured the city with various brokers they asked questions about many areas, but did not show any interest in this area. He sU'Jgested that Council review the current appraisal during the lunch break and consider this item later in the afternoon. 19 10/7/1996 It was the consensus of the Mayor and Common Council that the matter be discussed later in the meeting, RES. 96-309 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND MEMBERS OF SAID AUTHORITY AND ACKNOWLEDGING CERTAIN OBLIGATIONS INCURRED BY THE CITY OF SAN BERNARDINO PURSUANT TO A JOINT POWERS AGREEMENT ESTABLISHING THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, (RS3) Timothy Sabo, counsel for the San Bernardino International Airport Authority (SBlAA), briefed Chairman Minor and the Commission on recent events surrounding the financing for the SBlAA and answered questions regarding same, He noted that the County had recently approved up to a $1 million loan and had suggested that the City of San Bernardino come up with a $2 million loan commitment. He explained that this would be in line with action taken in September, when the SBIAA was looking into a $3 million note issuance and the first line of guarantees would have been a proportionate commitment by each of the members, Mr. Sabo added that it is still contemplated that there will be some type of refinancing by the SBlAA by the spring of next year, which would not need any of the City guarantees. However, the other three members--Highland, Colton, and Lorna Linda--will still be asked to guarantee their participation. Then, in the event the refinancing cannot be accomplished by June 30 of next year, they would have to commit to pay back their proportionate share. This, in turn, would reduce the County and City of San Bernardino to what should actually be their share if everyone had advanced monies as of this date, It was noted that some of the first funds drawn under this joint loan would be to pay the unreimbursed payroll that the Airport Authority owes to the County of San Bernardino, some matching grant reimbursements that need to be paid back to the City of San Bernardino when the invoicing goes to the Federal Economic Development Administration for the terminal road and the parking project, plus some utility bills that are owed to the Inland Valley Development Agency, Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No, 96-309 was adopted by the following vote: Members Negrete, Oberhelman, Devlin, Anderson, None. Absent: Council Members Curlin, Arias. 20 10/7/1996 RECESS MEETING At 11: 50 a. m., Chairman Minor recessed the j oint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and ~:ayor and Common Council 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 Cind 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, Meller; Deputy City Attorney Empeno, City Clerk Rachel Clark, City Administrator Shauna Clark, Absent: Council Member Curlin. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 48 ON-SALE LIQUOR LICENSE GENTS 1462 EAST ART TOWNSEND DRIVE - PCN NO, 96 - 01 ORGANIZATION - (39) Valerie Ross, Principal Planner, Planning and Building Services, submitted a Staff Report dated October 7, 1996, recommending a determination of public convenience or necessity for a Type 48 Liquor License, which would allow on-site sale of alcohol at the Gents Organization at 1462 East Art Townsend Drive. Deputy City Attorney Empeno informed the Council that the applicant was also interested in acquiring a Type 47 Liquor License later on, and suggested that the Mayor and Council approve the form motion with the inclusion of a Type 47 license also, Mayor Minor expressed concern about the distance between the location where the liquor license is being requested and the Probation Department's use of the Galaxy Building, which lS a school program. Mike Hays, Director of Planning and Building Services, stated that the location criteria does not apply to on-site sale of alcohol, and both the Type 47 and Type 48 license would be strictly on-site sale and consumption. Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council determine that the public convenience and necessity is served subject to the Police Department conditions, and direct the Planning and Building Services Departrrent to prepare a letter of public convenience or necessity to the Department of Alcoholic Beverage Control for the Type 47 or Type 48 alcohol license request for the Gents Organization at 1462 E. Art Townsend Drive, 21 10/7/1996 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY). (Continued from September 16, 1996) (37A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY. (Continued from September 16, 1996) (37B) Mayor Minor noted that these resolutions have to do with the makeup of the Inland Valley Development Agency and San Bernardino International Airport Authori ty. He stated that he had spoken with several members of both boards and told them he cannot accept six- member boards; therefore, he requested that Council change both boards to seven members, with three members belonging to the City of San Bernardino. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. (Note: There was no vote taken.) City Attorney Penman stated that his office could make the necessary changes to the resolutions and change the number of members on both boards from six to seven. Council Member Arias made a substitute motion, seconded by Council Member Oberhelman, that said resolutions be continued to the Mayor and Common Council meeting of October 21, 1996. Council Member Oberhelman withdrew his second from the substitute motion. The substitute motion failed for lack of a second. Mayor Minor requested that the City Attorney of board members from six members to seven resolutions. change the number members in said Council Member Arias made a substitute motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolutions be continued to the Mayor and Common Council meeting of October 21, 1996; and that the City Attorney be directed to change the board membership from six members to seven members in said resolutions. 22 10/7/1996 RES. 96-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO INCREASING THE TOTAL NUMBER OF AUTOMATED REFUSE AND RECYCLING CONTAINERS TO BE PURCHASED FROM TOTER, INC., FROM EIGHTY-FOUR THOUSAND (84,0001 AUTOMATED REFUSE AND RECYCLING COLLECTION CONTAINERS TO EIGHTY-SEVEN THOUSAND EIGHT HUNDRED (87,800), TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (Continued from September 16, 1996) (38) Council expressed concern regarding how the containers were being financed, possible manipulation of the budget, and why these containers were not being handled through the lease purchase agreement that was originally set up to purchase the total number of containers. Mayor Minor stated that he had uLderstood that there was an opportunity to save money by handling the purchase in a different manner than originally proposed. Jim Howell, Director of Public Services, explained that at the time the budget was being put together, they were also concluding the lease purchase of the last order and were having problems with the lease. Subsequently, after the budget was approved, the purchasing agent made the recommendation that the process be changed. City Administrator Shauna Clark agreed that more information could have been provided to Council regarding the budget accounts and transferring of funds relative to this item, and assured the Council that staff would make every effort to provide this information at future meetings. John Murphy, Purchasing Manager, explained that the Small Tools account is usually used with capital equipment; that the City will go out and buy the equipment and use it as collateral with these companies we have master lease agreements with. However, what they found with the containers, is that more than half the companies the City has master lease agreements with didn't even want to do business with the City due to the kind of collateral these cans offer. He noted that in the past, lease purchasing was a good avenue for the City to take in order to spread the cost over a long period of time, and that is still true with major capital- type things. However, since it was so hard to get anybody to do a lease purchase agreement, and the City was using up a lot of our sources, the decision was made to buy the containers outright. Council discussed their concerns relative to manipulation of the budget and the pros and cons of a lease-purchase arrangement versus outright purchase of the containers. Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. 23 10/7/1996 Resolution No. 96 -310 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: Council Member Curlin. DISCUSSION POSSIBLE ACTION POLICE TOWING ROTATION LIST ADD DANNY'S TOWING (AS2) Note: therefore, No backup material was submitted for it will not be available for reference. this item; Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. AUTHORIZE USE OF CITY FORCES & EQUIPMENT - WAIVE COSTS INCURRED - ASSIST SAN BERNARDINO COUNTY DEPARTMENT OF MENTAL HEALTH - RED RIBBON PARADE - OCTOBER 19, 1996 (S1) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated September 30, 1996, regarding the use of City forces and equipment and Police Department personnel to assist the San Bernardino County Department of Mental Health with the Red Ribbon Parade scheduled for October 19, 1996, and waiver of expenses associated with same. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that utilization of City crews and equipment and City police personnel for assisting San Bernardino County Department of Mental Health with the Red Ribbon Parade on October 19, 1996, be authorized; and that the expenses incurred by the use of City forces and equipment and Police Department personnel in providing assistance to San Bernardino County Department of Mental Health for the Red Ribbon Parade on October 19, 1996, be waived. RES. 96-311 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT PROGRAM (AB 1220, EASTIN) FOR THE FOLLOWING PROJECT: DEVELOP AND DISTRIBUTE AN EDUCATIONAL BOOKLET TO CITY RESIDENTS TO INCREASE PUBLIC AWARENESS OF THE PROPER METHODS OF DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE IN THE HOME, AND PARTICIPATE IN A STATEWIDE INTERACTIVE HOUSEHOLD HAZARDOUS WASTE HOTLINE. (82) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-311 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. 24 10/7/1996 ADVICE - FAIR POLITICAL "ZERO TOLERANCE" WARNING BROWN ACT PRACTICES COMMISSION (FPPC) - EVADING PUBLIC DISCLOSURE - (83) City Attorney Penman submitted a Staff Report dated October 2, 1996, regarding the Fair political Practices Commission's warning to public officials that there is zero tolerance for evading public disclosure. City Attorney Penman advised the Mayor and Council of recent action taken by the FPPC against the County of Sacramento for failing to report spending on certain ballot measures in the 1993 and 1994 elections. He stated that if the Mayor or Council were planning to support or oppose any ballot measures, they should do it away from City Hall; and they would not be allowed to use City employees, rooms, or money for this purpose. According to the League of California Cities, a city may use public resources to objectively evaluate a ballot measure's impact on municipal government, but they are not allowed to "take sides" in ballot measure campaigns, etc. There was no further action taken regarding this matter. PUBLIC HEARING - FIRE DEPARTMENT EMERGENCY MEDICAL TRANSPORT (AMBULANCE) SERVICE FEASIBILITY STUDY EMERGENCY CARE INFORMATION CENTER (ECIC) (20) City Administrator Shauna Clark submitted a Staff Report dated September 30, 1996, regarding a Fire Department-based emergency medical transport (ambulance) service within the City of San Bernardino, which included a feasibility study conducted by Emergency Care Information Center (ECIC) of Carlsbad, CA, relative to said emergency transport service. Mayor Minor opened the hearing. The following individuals expressed support for a City- operated emergency medical transport service: Brian Preciado, 1660 Echo Drive, San Bernardino, CA, a member of the Executive Board of the San Bernardino/Rialto Fire Fighters Local 891 and a San Bernardino Fire Department employee, assured the Council that the Fire Department is 100 percent behind this program, and they will make it a success. Skip Kulikoff, President, San Bernardino/Rialto Fire Fighters Local 891, 371 West 14th Street, San Bernardino, CA, stated that ECIC's plan was very similar to the one submitted by the Fire Fighters Local 891; therefore, they would endorse the ECIC plan and withdraw their proposal. He added that this plan would increase the service being provided to the City's citizens, and increase the ability of the City to recover some of the costs. 25 10/7/1996 Michael Dickinson, SVL Box 7750, Spring Valley Lake, CA, a Fire Department employee, assured the Council that the Fire Department is ready and willing to begin this program; that it is not looked upon by the department as a business venture, but as a way to increase service to the citizens. Mark Lancaster, 1905 East Marshall Boulevard, San Bernardino, CA, submitted a speaker's request form in support of this matter, but was not present to speak. The following individuals expressed opposition to a City- operated emergency medical transport service: Harlan L. Menkin, Senior Vice President, Center for Health Policy Studies, 6875 Maury Drive, San Diego, CA, spoke on behalf of American Medical Response (AMR) , stating that the report prepared by ECIC contained inaccurate volume forecasts. Dennis Bolt, Executive Vice President, American Medical Response, 338 West 7th Street, San Bernardino, CA, requested that this item be held over so that several issues in the feasibility report could be explored further. He added that it is a bad idea; a bad business decision being taken at a bad time. City Administrator Shauna Clark asked Jim Page, President of ECIC, to respond to four important issues brought out during the public comments, as follows: 1) The issue of using regression analysis in his feasibility study; 2) That the health care industry wants something other than what the City has to offer; 3) Justify the 8 percent of uninsured callers on 9-1-1 calls; and 4) The general statement that revenues are unknown. Mr. Page presented an overview of the total dollars spent on health care in this country and the percentage spent on emergency transport services. He questioned Mr. Bolt's prediction that constituents of the City would soon be discouraged, if not forbidden, from utilizing the traditional approach toward accessing emergency services; specifically the use of 9-1-1. He stated that the large, consolidated companies, like American Medical Response, are striving to create for themselves a business monopoly and protected business environment, and they try to do this by painting an exaggerated picture of the direction that emergency medical services is headed. Ty Mayfield, ECIC's Research Director, explained that regression analysis is a statistical tool that straightens the trend lines seen in historical information, and noted that there is a remarkably high correlation between changes in population and changes in emergency call volume, and that is the basis for the forecasts. He stated that they are not making large claims (large increases) in call volume. The actual projection is relatively flat compared to the historical changes. 26 10/7/1996 Regarding the statement in the report that 8 percent of the City's clientele or population in the community is uninsured, Mr. Mayfield pointed out that this number came directly from Staff Physician Services, which is the current billing agency for the Fire Department. With regard to the general policy question having to do with the direction that the industry is going, and that the industry wants something other than what the City can offer, Mr. Mayfield stated that the basic question in the feasibility study is, "Can the Fire Department provide ambulance transportation?" He stated that the answer is "yes", but it is also correct that there are other factors involved in the health care environment. He continued by pointing out that the report ECIC provided to the City addresses factors that are necessary for an emergency medical service organization to be successful in the market, and those are the four opportunities identified in the report. It is recognized that a pure emergency medical transportation business is going to have a limited future, and ECIC has provided the City with the tools necessary to capitalize on the opportunities available. Mr. Mayfield also discussed the revenue model included in ECIC's study and explained to Council how he had arrived at the revenue projections. Mr. Bolt continued to ascertain that the presentation on the validity of trend lines is invalid and any statistician can tell you that a control chart should be used. He stated that AMR has a business plan, they are ready to proceed forward, and they can protect the taxpayers and improve on the City's current emergency medical transport system, and suggested that AMR enter into dialogue with City staff and some nonpartisan representatives to discuss the matter. Mayor Minor stated he has always had a concern with the rates, and whether they would need to be increased, if the Fire Department provides emergency medical services. He added that he also has his own personal philosophy wherein he has a difficult time with the idea of taking private business out of the private sector and putting it in the public sector. He stated that although there are some very difficult questions to be a~swered, over the last few years the staff and Council have provided questions, answers, and information for consideration and discussion, and it is now time to make a decision on this matter. Council Member Devlin made Member Anderson, and unanimously closed. a motiont carried, seconded by Council that the hearing be 27 10/7/1996 At this time, the Council discussed at length the pros and cons of a Fire Department-based emergency medical transport program, including discussion on pay for service, capitation fees, the importance of a management team specific to this endeavor, regions of transport outside the City of San Bernardino limits, and whether this is a business venture or a public safety issue. City Clerk Rachel Clark read the title of the following resolution into the record: RES. 96-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING A SPECIAL EMS FUND TO ACCOUNT FOR REVENUES AND EXPENDITURES RELATED TO CITY-OPERATED EMS TRANSPORT SERVICES. (20) Council Member Devlin made a mction, seconded by Council Member Oberhelman, that the City Adrr.inistrator be directed to retain Jim Page to develop a business plan and to oversee implementation of EMS transport, with an implementation date of May 1, 1997; and under the provisions of Resolution No. 95-136, Section I, Term, that the Mayor be directed to notify American Medical Response (AMR) that the Memorandum of Understanding with Courtesy Services to provide ambulance transport will terminate May 1, 1997; and that full reading of the resolution be waived and that said resolution be adopted to establish an EMS enterprise fund and instruct the Director of Finance to separately account for all EMS revenues and expenditures; and instruct the Director of Finance to research alternative methods for financing the $1,450,000 in EMS start-up costs and additional costs related to a CADS/RMS upgrade for EMS business analysis, and report back to the Council on financing alternatives; and that the Director of Management Information Services be instructed to work with Jim Page to determine software systems and hardware support necessary for CADS to run the business analysis associated with EMS transport. (Note: The vote was taken after discussion.) City Administrator Shauna Clark asked Mr. Page whether he felt an implementation date of May 1, 1997, was feasible, unlikely, possible, or impossible. Mr. Page stated that the hiring process and creation of an eligibility list was already underway and should be completed by late December; however, the acquisition of vehicles can sometimes happen in a matter of weeks, or can take much longer if it is a special order. He stated that another very important task would be the creation of a professional civilian manager for the program and certain quality improvement programs that would require the creation of job descriptions and probably nationwide recruitment; and he was not certain this could be done within that period of time. He added that some of these things would not be absolutely essential to starting the service, but the goal had always been for the City to have a first-class system from day one, and that could 28 10/7 /1996 be a problem with such a short time frame. City Administrator Clark recommended that monthly reports be made to the Council as to where staff is on implementation, what they've got started, who they've hired, etc. Then sometime in January or February, Council could decide whether implementation of the program would be by May 1, or whether the City would have to work with AMR on a month-to-month basis. Council continued their discussion regarding implementation of a Fire Department-operated emergency medical transport program including where the startup money would come from, concern over possible ramifications if Proposition 218 (Voters Right to Vote on Taxes) passes, the impact of putting AMR on notice that their exclusive right would not be renewed, and the projected May 1, 1997, implementation date. City Attorney Penman suggested that the Mayor and Council adjourn to closed session for further discussion due to possible legal ramifications. RECESS MEETING - CLOSED SESSION (Referenced earlier and later in the meeting - pages 1 & 32 (1) At 3:46 p.m., the Mayor and Common Council recessed to closed session for the following: Conference with legal counsel anticipated litigation significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. CLOSED SESSION At 3:46 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken 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, City Administrator Shauna Clark. Absent: Council Member Curlin. Also present: Margaret Scroggin, Attorney's Office. Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor, City ADJOURN CLOSED SESSION At 4: 11 p. m., the closed session adj ourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. 29 10/7/1996 RECONVENE MEETING At 4:11 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council Clnd Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clcerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Curlin. PUBLIC HEARING FIRE DEPARTMENT TRANSPORT (AMBULANCE) SERVICE EMERGENCY CARE INFORMATION CENTER EMERGENCY MEDICAL FEASIBILITY STUDY (ECIC) (20) RES. 96-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING A SPECIAL EMS FUND TO ACCOUNT FOR REVENUES AND EXPENDITURES RELATED TO CITY-OPERATED EMS TRANSPORT SERVICES. (20) City Administrator Shauna Clark assured Council that some of the pertinent information on financing would come back to Council within 30 days, and once action was taken today, staff would start the ball rolling. She stated that staff would go forward on the assumption that they will find the money, even if they have to go to the bank and borrow it. Due to the pending litigation in the Count v of San Bernardino, et al. vs. the Citv of San Bernardino, et al. on cases up before the California and State Supreme CO".lrt, City Attorney Penman recommended that the City lease any equipment needed for going into the ambulance business. Then, in the event the State Supreme Court does overrule the Fourth District Court of Appeals, the City would be in a more advantageous position if the equipment was leased rather than purchased. City Clerk Rachel Clark re-read Council Member Devlin's motion, seconded by Council Member Oberhelman, that the City Administrator be directed to retain Jim Page to develop a business plan and to oversee implementation cf EMS transport, with an implementation date of May 1, 1997; and under the provisions of Resolution No. 95-136, Section I, Term, that the Mayor be directed to notify American Medical Response (AMR) that the Memorandum of Understanding with Courtesy Services to provide ambulance transport will terminate May 1, 1997; and that full reading of the resolution be waived and that said resolution be adopted to establish an EMS enterprise fund and instruct the Director of Finance to separately account for all EMS revenues and expenditures; and instruct the Director of Finance to research alternative methods for financing the $1,450,000 in EMS start-up costs and additional costs related to a CADS/RMS upgrade for EMS business analysis, and report back to 30 10/7/1996 the Council on financing alternatives; and that the Director of Management Information Services be instructed to work with Jim Page to determine software systems and hardware support necessary for CADS to run the business analysis associated with EMS transport. The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Curlin. No. 96-312 was adopted by Members Negrete, Arias, Nays: None. Absent: RECESS MEETING At 4:19 p.m., Mayor Minor declared a five-minute recess. COMMUNITY DEVELOPMENT COMMISSION:SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 4 :22 p.m., Chairman Minor reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council. JOINT PARK JOINT 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; Ser:ior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Miller. PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT - PREMIS PARTNERS (HATLE) WAREHOUSE & DISTRIBUTION FACILITY (Discussed earlier in the meeting - page 19) (R9) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS PERTAINING TO THE DEVELOPMENT OF A WAREHOUSING AND DISTRIBUTION FACILITY. (R9A) Council Member Oberhelman stated he had read the appraisal on said property; however, since it was 15 months old, he felt a new appraisal would be in order. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said resolution be continued to the Mayor and Common Cour:cil meeting of November 4, 1996; and that staff be directed to obtain a new appraisal on said property. (Note: The hearing was previously closed - page 20.) 31 10/7/1996 COUNCIL MEMBER MILLER RETURNED At 4:27 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. At this time the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community RECESS MEETING - CLOSED SESSION the meeting - pages 1 & 29) At 4 :39 p.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed earlier in (1) Community for the Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a). City Attorney Penman announced that the following additional case would be discussed in closed session: Tomas Armendariz, et al. vs. James F. Uni ted States District Court Case No. (JRx) . Penman, et al. CV 91-5757 CBM CLOSED SESSION At 4:39 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call waS taken 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, City Administrator Shauna Clark. Absent: Council Member Curlin. Also present: Margaret Scroggin, Attorney's Office. Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor, City 32 10/7/1996 CLOSED SESSION/MEETING ADJOURNMENT (40) At 5:00 p.m. the closed session/joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned. The next regular meeting will be held at 8:00 a.m., Monday, October 21, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By i2~ ~fl/ Linda HartzeY Deputy City Clerk No, of Items: 52 No. of Hours: 7 33 10/7/1996