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HomeMy WebLinkAbout12-02-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 2, 1996 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 8:05 a.m., Monday, December 2, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RECESS MEETING - CLOSED SESSION meeting - page 15) At 8:05 a.m., the Development Commission following: Mayor and Common Council and recessed to closed session (Discussed later in the (1) Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Bell. John Lee vs. D. Keil. et al. United States District Court Case No. CV 95-4321 WDK (JGx); Flowers vs, Citv of San Bernardino, et al. United States District Court Case No. ED CV 95-199 RT (VARY); Danco vs. Citv of San Bernardino Civil Service Board - San Bernardino Superior Court Case No. SCV 14030; People of the State of California vs, Manta Manaqement/Manta Manaqement Corporation vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 12/2/1996 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. CLOSED SESSION At 8:05 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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Senior Assistant City Attorney City Attorney Aldstadt, and Margaret Scroggin, Operations Supervisor, City Attorney's Office. Carlyle, Deputy Administrative 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. ADJOURN CLOSED SESSION At 8:23 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9: 04 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 following being present: Curlin, Arias, Oberhelman, Penman, City Clerk Rachel Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; City Attorney Clark, City Administrator Shauna Clark. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. 2 12/2/1996 APPOINTMENTS (2) There were no appointments during this meeting. PRESENTATION DEPUTY CITY ATTORNEY KOBRINE ATTORNEY'S OFFICE - TIGER AWARD CITY (3) Deputy City Attorney Kobrine, the City's newest Deputy City Attorney, was presented with the City Attorney's Office "Tiger Award" by City Attorney Penman for her outstanding cross examination in the Arden-Guthrie apartment demolition case, which brought out the fact that the owner knew all along that the City had scheduled the property for demolition. Attorney Kobrine accepted her tiger award, which will be known from this date forward as "Barlow's Bengal" in honor of Senior Assistant City Attorney Barlow who has accepted the position of City Attorney with the City of Burbank. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (4) Council Member Curlin stated that he had recently attended a medical conference on AIDS and commented on the insidiousness of the disease. He stated that there is no substitute for communication and prevention; and that youth especially should be reminded to avoid the temptation of drug use and unprotected sex. PUBLIC COMMENTS - MARION WHITE-VASSILAKOS (5) Marion White-Vassilakos, President, League of Women Voters, 568 North Mt. View, San Bernardino, CA, prompted by the proposed development of the downtown cinema complex, expressed concern regarding decisions about redevelopment and redevelopment financing plans. PUBLIC COMMENTS - RENEE NAVARRE (5) Renee Navarre, 1695 Pennsylvania, San Bernardino, CA, stated that she bought her home two years ago, and the Economic Development Agency had handled the contract. She stated that she has a lot of problems with her home and that many things contained in the contract have not been taken care of. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, Member Negrete, and unanimously carried, that resolutions and ordinances on the regular, addendum to the supplemental agendas of the Council be waived. seconded by Council full reading of the supplemental, and Mayor and Common 3 12/2/1996 ORD. Me-986 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.05 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPROVAL OF BUDGET TRANSFERS. FINAL (8) RES. 96-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/ PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION.... ESTABLISHING A BASIC COMPENSATION PLAN..." BY UPDATING INFORMATION CODIFYING PRIOR COUNC=L ACTIONS. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance and resolution be adopted. Ordinance No. MC-986 and Resolution No. 96-361 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 21, 1996, 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. APPROVE PLAN NO. 9577 INSTALL SEWER MAIN BELVAN STREET, FROM OLIVE STREET TO BASE LINE STREET - AUTHORIZE ADVERTISEMENT FOR BIDS (13) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 8, 1996, regarding the installation of a sewer main in Belvan Street, from Olive Street to Base Line Street. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for installation of a sewer main in Belvan Street, from Olive Street to Base Line Street, in accordance with Plan No. 9577, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-362 - RESOLUTION OP 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) (7) Discussion ensued concerning the fact that over $100,000 has been expended to clean up local properties, and whether the City could place a cap on what one person could owe. Council requested a year-end summary of said expenditures. 4 12/2/1996 City Clerk Rachel Clark noted that routinely reported on the monthly summary included in the year-end summary. property liens are report and will be City Administrator Shauna Clark stated that the City could take the property; however, at times it would not be feasible to wait for a cap since a safety issue might be involved where it would be necessary to go in immediately and do the work. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-362 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL APPROVED BY 2/3 OF THE VOTERS. (Related Item AS3 - pages 7 & 18) Final (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. APPROVE PLAN NO. 9576 - STREET IMPROVEMENTS - COULSTON STREET, FROM RICHARDSON STREET TO CURTIS STREET AUTHORIZE ADVERTISEMENT FOR BIDS (12) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 18, 1996, regarding approval of plans and authorization to advertise for bids for the improvement of Coulston Street, from Richardson Street to Curtis Street; said improvements to include curbs and gutters, sidewalk, street lights, and widening the pavement to provide four traffic lanes. Council Member Devlin reminded the Council and staff that this money is to be repaid to a project in the Fifth Ward. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the plans for improving Coulston Street, from Richardson Street to Curtis Street, in accordance with Plan No. 9576, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. (Note: There was no vote taken.) City Attorney Penman expressed concern that the City is paying the entire cost of this project, when under CEQA and City policies the developer is required to pay his fair share. He pointed out that the City has an abutting street to this tract and that there 5 12/2/1996 will be increased traffic, both of which impact the City; other developer would have to pay mitigation amounts impacts that their development causes. and any for any Council Member Devlin made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 16, 1996. ESTABLISH CLASSIFICATION - PART-TIME POSITION - POLICE CALL-TAKER - POLICE DEPARTMENT (14) Barbara Dillon, Report dated November new classification in Director of Personnel, 25, 1996, regarding the the Police Department of submi t ted a Staff establishment of a Police Call-Taker. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the part-time classification of Police Call-Taker, Range 1286, $10.66; $11.20; $11.76; $12.35; and $12.96/hour, be established; that the proposed job description of Police Call-Taker be submitted to the Civil Service Board for approval; and that the Personnel Department be directed to update Resolution No. 6413, Section 13, to reflect this particular action. APPROVE SALARY ADJUSTMENT - LEAD STOREKEEPER - SERVICES, FLEET DIVISION PUBLIC (15) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 25, 1996, regarding a salary adjustment for the position of Lead Storekeeper. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the salary for the position of Lead Storekeeper, be adjusted from Range 1286, $1,848 - $2,247/month to Range 1296, $1,943 to $2,362/month; and that the Personnel Department be directed to update Resolution No. 6413, Section 10, to reflect this particular action. RES. 96-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE CITY'S INTENTION TO RENEW THE GRANT OF A NON- EXCLUSIVE CABLE FRANCHISE TO TCI CABLEVISION, INC. (AS1) RES. 96-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN EXTENSION TO THE TOLLING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TCI CABLEVISION OF CALIFORNIA TO PROVIDE CABLE SERVICE TO THE RESIDENTS OF SAN BERNARDINO. (AS2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. 6 12/2/1996 Resolution Nos. 96-363 and 96-364 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. adopted Curlin, Absent: by the Arias, None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL APPROVED BY 2/3 OF THE VOTERS. (Discussed later in the meeting - page 18) (Related Item 9 - page 5) First (AS3) Mayor Minor pointed out that amending the ordinance would revert it back to a first reading. He added that the changes could be found on page 3, lines 13-19, of the ordinance. City Attorney Penman explained that the only change made to the ordinance was to specifically provide that the same exemptions and tax assistance procedures that apply to state imposed ad valorem property taxes will apply to this special tax. This includes exemptions provided by the State Constitution for libraries, museums, churches, nonprofit: cemeteries and charitable uses, and provides that some homeowners and renters may receive tax assistance due to age, income and/or disability. He added that it was questionable whether this change needed to be included at all; however, the County Assessors Office had indicated that they were unsure whether they could grant these exemptions unless they were specifically included in the City's ordinance. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption. (Note: The vote was taken after discussion.) Bill Leonard, 1711 Lomas Privadas, San Bernardino, CA, expressed his opposition to the ordinance as presently written, stating that the inequities would cause the ordinance to be rejected by the voters. He commented on the impact the ordinance would have on industrial and commercial development in San Bernardino and urged the Council to table the matter at this time and give it more careful consideration. Ralph Hernandez, 2160 West Rialto Avenue, San Bernardino, CA, expressed opposition to said ordinance, stating that a previous audit of the Fire Department had indicated they did not need any new firemen. He added that he would work against the passage of this measure. Council Member Curlin asked where the funds would be coming from to pay the anticipated election costs in the amount of $110,000 to $115,000. 7 12/2/1996 City Administrator Shauna Clark stated she did not have an answer to that question; however, the election would not be held until March and most of the costs would not be incurred until that time. She stated that at the mid-year budget review staff would revisit this matter and present options to the Council on how to cover these costs. Ms. Clark also pointed out that OIl the Community Development Commission agenda there was an item to refinance City Hall to take advantage of a change in interest rates. She stated that if that item received approval, there would be some surplus created which could be allocated to the cost of this election. Discussion ensued regarding some of the comments made by Mr. Leonard and Mr. Hernandez. Some members of Council indicated they would like staff to revisit this matter; however, they were uncertain whether the timelines for passing the ordinance and calling the election would allow additional review. City Attorney Penman pointed out that five working days must pass between ordinance readings, and that ordinances can only be adopted at a regular or adjourned regular meeting of the Mayor and Common Council. The Council could, therefore, continue this matter to the following Monday for first reading of the ordinance, and the second reading could be a week later on December 16. City Clerk Rachel Clark expressed concern that the Notice of Election had already been published and the deadline for submitting arguments for or against the measure was today, December 2. Council Member Oberhelman stated that one of the speakers had suggested that there was some inequity in the formula that was adopted when the Council gave the first reading on the previous ordinance. He pointed out that the only amendments brought forward were simply a caution on the part of City Attorney Penman to assure that the exemptions that apply to these kinds of assessments for those less fortunate, would apply in this particular case; and that all of the other issues raised by both the speakers were previously discussed and considered by the Council. Council Member Oberhelman's motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption, failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Anderson. Nays: Council Members Negrete, Curlin, Arias, Miller. Absent: None. Council Member Miller made a motion, seconded by Council Member Curlin, that the matter go back to staff and be continued to 4:00 p.m., Tuesday, December 10, 1996, in the Council Chambers of City Hall. 8 12/2/1996 The motion carried by the following vote: Members Negrete, Arias, Devlin, Anderson, Miller. Members Curlin, Oberhelman. Absent: None. Ayes: Nays: Council Council CITY ATTORNEY PENMAN EXCUSED At 10:06 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. APPROVE - REQUEST TO INSTALL STOP CONTROL SIGNS - BELMONT & OLIVE AVENUES - VERDEMONT AREA (AS4) Council Member Devlin submitted a Staff Report dated November 22, 1996, to which was attached a memorandum signed by 73 residents of the Verdemont area requesting east/west stop control signs at the corner of Belmont and Olive Avenues. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that east/west stop control signs be installed at the corner of Belmont and Olive Avenues. RECESS MEETING At 10:09 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:16 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San BernardiIlo. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Member Curlin. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' NO. 3589 941 NORTH "G" STREET ROBERT (eontinued from November 4, 1996) ORDER DAHMS (l6) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 8, 1996, regarding the appeal of the Board of Building Commissioners' Order No. 3589 and the property at 941 North "G" Street. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. COUNCIL MEMBER CURLIN RETURNED At 10:18 a.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 9 12/2/1996 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3778 - 1680 WEST 27TH STREET - FRANCISCO GUTIERREZ (eontinued from November l8, 1996) (17) Bill Skiles, Code Enforcement Manager, submitted a Staff Report dated October 30, 1996, concerning the property located at 1680 West 27th Street, which included a statement of costs incurred on this case. Mayor Minor opened the hearing. Manager Skiles gave a synopsis of past actions taken on this matter and answered questions regarding same. Mr. Francisco Gutierrez requested that the fees be waived on the basis that he did not receive timely notification. Staff noted that all notices went to the 1680 West 27th Street address except the Board of Building Commissioners' notice, which went to a Fontana address and was not claimed. Council Member Devlin 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 findings of the Board of Building Commissioners hearing held on October 3, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3794 - 2202 E. 17TH STREET - DARYL & LEILA DELIMAN (18) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 21, 1996, regarding the property located at 2202 East 17th Street, San Bernardino. Mayor Minor opened the hearing. Manager Skiles presented a synopsis of the actions taken by his department regarding said property, stating that the appellant was requesting waiver of the fees in the amount of $467.68. Daryl Deliman, 1950 Carlton Drive, Placentia, CA, owner of the property, explained that he did not receive notice of anything being wrong with the property until September 2, 1996; that all other notices had been sent to the renter at 2202 East 17th Street. He stated that he had corrected the problems within ten days of receiving the notice; however, since GO notification was sent to him during the compliance period, he was requesting waiver of the fees. 10 12/2/1996 Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold the findings of the Board of Building Commissioners hearing held on September 3, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3829 736 N. "G" STREET HUMBERTO & KATHERINE GONZALEZ (19) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 21, 1996, regarding the property located at 736 North "G" Street, San Bernardino. Mayor Minor opened the hearing. Mr. Skiles stated total of five units, summarized the actions notifying the owner. that the property involved consisted of a three of which were unpermitted; and taken by the Code Compliance Division in Luis Gonzalez, brother of Humberto Gonzalez, owner of the property, stated that the inspector tried to enter the apartments without first giving notice to the landlord and/or tenants; that a warrant was obtained to inspect the property without notice to the owner or tenants; that after completing the inspection approximately three notices for correction were sent to the owner and each one stated something different; that the inspector did not respond to a certified letter which was sent to Planning and Building Services requesting consolidation of the notices; and, that a 30-day extension was granted over the phone but the inspector issued a Notice of Hearing before the 30-day extension expired. City Attorney Penman explained that the inspectors must ask permission of the tenant to go into the house. If the tenant gives permission, there is a form which the tenant must sign and they also ask for identification from the teIlant to verify they have the authority to grant said permission. If permission is not granted, they are required by law to go to the court and get a warrant. Once the warrant is issued, they are required to give notice of the existence of the warrant prior to executing it. He pointed out that there was nothing wrong with sending more than one notice as long as the notices were not contradictory. Deputy City Attorney Kobrine stated that the Board of Building Commissioners hearing was held October 3, 1996, and that Mr. Gonzalez had received notice of the hearing and was present. She added that the inspector had been involved in a conversation regarding an extension; however, at no time was a 30-day extension granted. 11 12/2/1996 City Attorney Penman pointed out that 1) the inspector is not required to give notice before requesting to enter; 2) notice does not need to be given before getting a warrant; 3) it is permissible to send more than one notice if they are not contradictory; 4) that there is no legal obligation to clarify the different notices; and 5) that there is conflicting testimony as to whether an extension of time was granted the owner. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Board of Building Commissioners' Order No. 3829. AUTHORIZATION TO PROCEED - APPROVE PLAN NO. 9603 - VACATE PORTION OF CLUB CENTER DRIVE, EAST OF CLUB WAY - PRICE COSTCO (23) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 20, 1996, requesting approval of Plan No. 9603 and authorization to proceed with the vacation of Club Center Drive, east of Club Way. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the vacation of a portion of Club Center Drive, east of Club Way; and that Plan No. 9603 showing the proposed vacation be approved. CITY ATTORNEY PENMAN & CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 11:39 a.m., City Attorney Penman and City Administrator Shauna Clark left the Council meeting and were replaced by Senior Assistant City Attorney Barlow and Economic Development Agency Administrator Steinhaus, respectively. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:39 a.m., Economic Development Agency Special Counsel Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11:39 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 and Mayor and Common Council to order. JOINT PARK JOINT 12 12/2/1996 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. COUNCIL MEMBER MILLER EXCUSED At 11:41 a.m., Council Member Miller left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council be waived. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 11:56 a.m., Chairman Minor recessed 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 to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: lOp. m., Mayor Minor reconvened the j oint regular meet ing of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Deputy City Attorney Empeno, Deputy City Clerk Hartzel, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-04 - CONDITIONAL USE PERMIT NO. 96 -13 VEHICLE SALES COMMERCIAL REGIONAL, CR-3 DISTRICT - JOHN DIETERICH (31) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated November 19, 1996, regarding Development Code Amendment No. 96-04 and Conditional Use Permit No. 96-13. 13 12/2/1996 Mayor Minor opened the hearing. Director Hays made a brief presentation, stating that said development code amendment and conditional use permit would allow car, truck, and RV sales in the CR-3 land use district at the southeast corner of Redlands Boulevard and Hunts Lane. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.020 (B) (4), TABLE 06.01, COMMERCIAL DISTRICTS LIST OF PERMITTED USES, TO ALLOW CAR, RV AND TRUCK SALES IN THE CR-3 LAND USE DISTRICT SOUTH OF INTERSTATE 10 SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. First (31) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be closed; that the negative declaration be adopted and said ordinance be laid over for final adoption; and that Conditional Use Permit No. 96-13 be approved based on the findings of fact and conditions of approval and standard requirements. The Members Abstain: Miller. motion carried by the following vote: Negrete, Oberhelman, Devlin, Anderson. Council Member Arias. Absent: Council Ayes: Nays: Members Council None. Curlin, DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:18 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. RES. 96-365 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE LIMITED ACCESS EASEMENT AGREEMENTS WITH RANCON REALTY FUND IV. (20) Council Member Devlin made a mction, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-365 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Curlin, Miller. COUNCIL MEMBERS CURLIN & MILLER RETURNED At 2:18 p.m., Council Members Curlin and Miller returned to the Council meeting and took their places at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRYAN A. STIRRAT & ASSOCIATES FOR PROFESSIONAL SERVICES RELATIVE TO CLOSURE OF A SANITARY LANDFILL. (21) 14 12/2/1996 Council Member Oberhelman questioned why the City was absorbing the total cost of closing the landfill and inquired as to the ownership of the property at the tl.me the City was leasing it and whether said owners had been pulled into the liability chain. Discussion ensued regarding the time frame that the City operated the landfill, previous ownership of the property, and the fact that current state and federal laws require that the landfill be closed in accordance with current standards. City Attorney Penman advised the Council that they should recess to closed session to discuss this matter. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - page 1) (lB) At 2:23 p.m., the Mayor and Common Council recessed to closed session pursuant to Government Code Section 54956.9 (b) conference with legal counsel anticipated litigation significant exposure to litigation. in CLOSED SESSION At 2:23 p.m., Mayor Minor called the conference room of the Council (lB) the closed session to order Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Shauna Clark. Absent: None. Also present: Fred Wilson, Ass~stant City Administrator; Senior Assistant City Attorney Barlow and Deputy City Attorney Empeno, City Attorney's Office; Roger Hardgrave, Director of Public Works/City Engineer; and Lynn Merrill, Recycling Coordinator, Public Services Department. RECONVENE MEETING At 2:35 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. 15 12/2/1996 ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Shauna Clark. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRYAN A. STIRRAT & ASSOCIATES FOR PROFESSIONAL SERVICES RELATIVE TO CLOSURE OF A SANITARY LANDFILL. (21) Council Member Oberhelman made a motion, seconded Member Negrete, and unanimously carried, that the continued to the Mayor and Council meeting of December by Council matter be 16, 1996. CITY ATTORNEY PENMAN EXCUSED At 2:36 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2: 36 p. m., City Administrator Shauna Clark left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED At 2:36 p.m., Economic Development Agency Special Counsel Sabo returned to the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 2: 36 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 At this time the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community DEPUTY CITY CLERK HARTZEL EXCUSED At 2:43 p.m., Deputy City Clerk Hartzel left the Council meeting and was replaced by Deputy City Clerk Medina. LEASE REVENUE REFUNDING BONDS SERIES 1996 CITY HALL PROJECT (RS1) Timothy Steinhaus, Economic Development Agency submitted a Staff Report dated November 27, 1996, proposed refinancing of City Hall. Administrator, regarding the 16 12/2/1996 Timothy Sabo, Economic Development Agency Special Counsel, stated that better interest rates were currently available; therefore, it was the desire of staff to fix the interest rate at this time and refinance City Hall. He added that funds were needed to finance a new, updated computer system for the City, as well as to repair City Hall and bring it into conformance with the American Disability Act; and this refinancing would generate enough funds to meet these needs. Mr. Sabo stated that City Hall and the five-level parking structure are currently owned by the Economic Development Agency, and the Municipal Bond Insurance Association had requested that the computer equipment purchase be secured by using the parking structure as collateral. He explained the repayment plan for the proposed refinancing of City Hall and answered questions regarding same. Rhonda Connelly, Miller & Schroeder, explained that the recommended proposal would allow the City a lesser amount of interest at a fixed rate rather than a variable rate, and would give the City an interest rate based upon an "AAA" rating. Janis Ingels, Director, Management Information Services, answered questions regarding the City's computer needs and type of equipment to be purchased. RES. 96-366 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (RSlA) RES. J-41 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $17,000,000 LEASE REVENUE REFUNDING BONDS (CITY HALL PROJECT) SERIES 1996, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (RS1e) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 96-366 and J-41 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 3:10 p.m., Senior Assistant City Attorney Barlow left the 17 12/2/1996 Council meeting and was replaced by Senlor Assistant City Attorney Carlyle. ECONOMIC DEVELOPMENT EXCUSED At 3:10 p.m., Steinhaus left the Administrator Shauna AGENCY ADMINISTRATOR STEINHAUS Economic Development Agency Administrator Council meeting and was replaced by City Clark. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 3:10 p.m., Economic Development Agency Special Counsel Sabo left the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL APPROVED BY 2/3 OF THE VOTERS. (Discussed earlier in the meeting - page 7) (Related item 9 - page 5) First (AS3) Council Member Devlin made a motion, seconded Member Anderson, and unanimously carried, to reconsider previous action that said ordinance be laid over adoption. by Council the failed for final Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 3:14 p.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. DEPUTY CITY CLERK MEDINA EXCUSED At 3: 14 p. m., Deputy City Clerk Medina left the Council meeting and was replaced by City Clerk Rachel Clark. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FIFTY-FIVE MILE PER HOUR SPEED LIMIT ON BASE LINE STREET BETWEEN MERIDIAN AVENUE AND CALIFORNIA STREET, A FIFTY MILE PER HOUR SPEED LIMIT ON KENDALL DRIVE BETWEEN REVERE AVENUE AND PALM AVENUE, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON LITTLE MOUNTAIN DRIVE BETWEEN MARSHALL BOULEVARD AND NORTH PARK BOULEVARD, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON HUNTS LANE BETWEEN BARTON ROAD AND COMMERCIAL ROAD, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON TIPPECANOE AVENUE BETWEEN MILL STREET AND THIRD STREET, AND A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON SAN BERNARDINO AVENUE BETWEEN TIPPECANOE AVENUE AND MOUNTAIN VIEW AVENUE. First (22) 18 12/2/1996 Discussion ensued regarding the recommended speed limits, and staff pointed out that the speed limits at the locations covered in the ordinance would be set at 65 miles per hour if the Council did not take action to set them as recommended. Council Member Curlin made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. APPROVE - TRANSFER OF FUNDS - $13,200 - ENVIRONMENTAL ASSESSMENT - PIONEER CEMETERY - GEO SEC, INC. (24) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 20, 1996, regarding a transfer of funds to finance preparation of an environmental assessment for Pioneer Cemetery. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the transfer of $13,200, from Account No. 244-000-3405, "Unappropriated Reserve," to Account No. 244-364-5505, "Other Professional Services," to finance the cost for preparation of an environmental assessment by GEO SEC, Inc., for pioneer Cemetery, be approved. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 94-362 ENTITLED IN PART "RESOLUTION AMENDING CONFLICT OF INTEREST CODE "BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (25) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION WHICH WAS CONSOLIDATED WITH THE STATEWIDE ELECTION AND HELD IN SAID CITY ON THE 5TH DAY OF NOVEMBER, 1996, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (26) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matters be continued to the Mayor and Council meeting of December 16, 1996. APPROVE - FISCAL YEAR 1995/96 CONTINUING APPROPRIATIONS & ENCUMBRANCE CARRYOVERS (27) Barbara Pachon, Director of Finance, submitted a Staff Report dated November 21, 1996, regarding fiscal year 1995/96 continuing appropriations and encumbrance carryovers. Director Pachon explained continuing appropriations and encumbrance carryovers and answered questions regarding same. 19 12/2/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the report of proposed Fiscal Year 1995/1996 Continuing Appropriation and Encumbrance Carryovers as submitted in a Staff Report dated November 21, 1996, from Barbara pachon, Director of Finance, be approved. APPROVE - TENNIS COURTS RESURFACING - PERRIS HILL PARK TENNIS CENTER (28) Annie Ramos, Director of Parks, Services, submitted a Staff Report regarding the resurfacing of the tennis Recreation and dated November courts at Perris Community 12,1996, Hill Park. Council Member Devlin made a motion, seconded by Council Member Arias, and unanimously carried, that the expenditure of Park Construction Funds in the amount of $16,000 from unappropriated fund balance for the resurfacing of tennis courts at the Perris Hill Park Tennis Center be approved. ESTABLISH ADMINISTRATIVE SERVICES (EMS) TRANSPORT FIRE DEPARTMENT POSITIONS - EMERGENCY MEDICAL DIVISION (AMBULANCE SERVICE) (29) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 21, 1996, regarding the establishment of administrative positions for the Emergency Medical Services (EMS) Transport Division within the Fire Department. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that one (1) Program Director (Emergency Medical Services) position, Range 4496, $5,268 - $6,403/month, be established; and that one (1) Quality Manager, Range 2448, $4,147 - $5,040/month, be established; and that one (1) Continuing Education Director, Range 2448, $4,147 - $5,040/month, be established; and that one (1) Education Coordinator/Liaison, Range 2448, $4,147 - $5,040/month, be established; and that one (1) Administrative Analyst, Range 4380, $2,954 $3, 591/month, be established; and that one (1) Administrative Operations Supervisor I, Range 2348, $2,518 - $3,061/month, be established; and that the Personnel Department be directed to update Resolution No. 6413, Sections 11 and 14, and Resolution No. 96-118. RES. 96-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO VISION COMMUNICATION SERVICES, INC., FOR THE FURNISHING AND DELIVERY OF THE UPGRADE AND INSTALLATION OF THE NEAX TELEPHONE SYSTEM, TO BE UTILIZED BY THE CITY IN ACCORDANCE WITH BID PROPOSAL SPECIFICATION F-97-08. (eontinued from November 18, 1996) (30) 20 12/2/1996 James Sharer, Facilities Manager, submitted a memorandum dated November 26, 1996, regarding integration of the proposed telephone system with the proposed data network ~pgrade. City Administrator Shauna Clark stated that there was approximately a $175 difference between the two lowest bids received, with COM AID being the low bidder; however, staff had developed a proposal evaluation criteria utilizing a point system and Vision Communications Services, Inc., had received the most points. The following Chaparral, Anaheim, explained what their individuals associated with COM AID, CA, spoke on behalf of their company company had to offer: 100 and Gary Samaha, Vice President of Sales, who stated that COM AID would give the City a new system for less money; Michael Heiman; Francis Gorman, President; and Deron Pearson, Vice-President, who stated that his company had made several at tempts to meet with staff to discuss this matter, to no avail. Steven Hellberg, President, Vision Communication Services, Inc., 612 Colorado Avenue, Suite 2, Santa Monica, CA, provided details regarding the equipment his company would provide, stating that it was capable of meeting the City's current and future needs. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-367 was adopted by the following Ayes: Council Members Negrete, Devlin, Anderson, Miller. Council Members Curlin, Arias, Oberhelman. Absent: None. vote: Nays: AUTHORIZE - PERMIT TO ENTER & CONSTRUCT - OVER CITY-OWNED LAND SET ASIDE FOR WATER DEPARTMENT USE - RIGHT-OF-WAY NECESSARY FOR CONSTRUCTION - ORANGE SHOW ROAD EXTENSION - ARROWHEAD AVENUE TO TIPPECANOE AVENUE (Sl) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 21, 1996, concerning the right-to-enter and construct relative to the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. 21 12/2/1996 Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor be authorized and directed to execute the Permit to Enter and Construct for the Water Department property needed for the construction of the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. ANNOUNCEMENT - MAYOR MINOR Mayor Minor acknowledged the presence of Cubmaster Wayne Austin and Cub Scout Pack 16. ADJOURNMENT (32) At 4:10 p.m., the regular meeting of the Mayor and Common Council was adjourned to 4:00 p.m., Tuesday, December 10, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~~RHa1:di~P Deputy City Clerk No. of Items: 39 No. of Hours: 6 22 12/2/1996