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HomeMy WebLinkAbout08-18-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT SPECIAL MEETING AUGUST 18, 1994 COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN that the Mayor and Common Council and the Community Development Commission of the City of San Bernardino have called a special meeting of the Mayor and Common Council and Community Development Commission for 6:00 p,m., Thursday, August 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to discuss and take possible action on various matters that were not addressed at the Mayor and Common Council meeting of August 15, 1994. The joint special meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 6:00 p.m., Thursday, August 18, 1994, 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 Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Members Negrete, Miller; City Administrator Shauna Clark. ANNOUNCEMENT - MAYOR MINOR Mayor Minor stated that because one of the Council Members was not properly served notice of the special meeting, no action would be taken on Items 13 and 14. RECONSIDER CONTINUANCE TO SEPTEMBER 6, 1994 - FINANCIAL ASSISTANCE OF $12,950 - FEE WAIVER OF $4,380 - CIVIC & PROMOTIONAL FUND MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION - SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CASA RAMONA, INC. (13) This is the time and place set to reconsider the action taken at the Mayor and Council meeting of August 15, 1994, to continue to September 6, 1994, the request from Casa Ramona, Inc., for financial assistance and a waiver of fees for its celebration of Mexican Independence Day on September 15, 1994. 1 8-18-94 In a memorandum dated August 17, 1994, Mayor Minor requested that the action taken by the Mayor and Council at their meeting of August 15, 1994, to continue the request from Casa Ramona, Inc., for funding assistance and a waiver of fees for its celebration of Mexican Independence Day to September 6, 1994, be reconsidered. There was no further action taken on this matter. FINANCIAL ASSISTANCE - $23,586 - CIVIC & PROMOTIONAL FUND - 16TH OF SEPTEMBER CELEBRATION - NUNEZ PARK - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE (14) In a memorandum dated August 17, 1994, Council Member Miller, Ways & Means Committee Chairwoman, stated that the Ways & Means Committee met on August 17, 1994, to consider the request from the Inland Empire Hispanic Chamber of Commerce for financial assistance in the amount of $23,586 for its 16th of September Celebration to be held at Nunez Park; and recommended denial of the request. There was no further action taken on this matter. COMMUNITY DEVELOPMENT COMMISSION - JOINT SPECIAL MEETING At 6:01 p.m., Chairman Minor called the joint special meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community COUNCIL MEMBER MILLER ARRIVED At 6:12 p.m., Council Member Miller arrived at the Council meeting and took her place at the council table. RECESS MEETING - CLOSED SESSION At 6:14 p.m., the Community Development closed session for the following: (R-2) Commission recessed to A. Pursuant to Government Code Section 54956.8. 1. Conference With Real Property Negotiator Prooertv: Old Great Western Building 501 North "E" Street, San Bernardino Neootiatino Parties: Redevelopment Agency; The Royce Company Under Neootiation: To provide instructions to Agency staff regarding possible acquisition of the old Great Western Building, 501 North "E" Street, San Bernardino. 2 8-18-94 CLOSED SESSION At 6: 14 p. m., Chairman Minor called the closed session to order in the conference room of 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: Chairman Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Member Negrete, City Administrator Shauna Clark. Also present: Timothy Steinhaus, Agency Administrator, Kenneth Henderson, Executive Director, Development Department, Tim Sabo, Special Counsel, Economic Development Agency; and Peggy Ducey, Assistant to the City Administrator. PROJECT MANAGER WONG ARRIVED At 6:18 p.m., Emily Wong, Project Manager, Development Agency, arrived at the closed session. Economic ADJOURN CLOSED SESSION At 6: 57 p. m., the closed session adjourned to special meeting of the Mayor and Common Council and the Development Commission of the City of San Bernardino. the joint Community RECONVENE MEETING At 6:58 p.m., Mayor Minor reconvened the joint special meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino 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 Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator Wilson. Absent: Council Member Negrete. RES. 94-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS BOARD. (Continued from August 15, 1994) (1) Mayor Minor read the title of the resolution. Council Member Oberhelman made a Member Hernandez, that further reading and that said resolution be adopted. motion, seconded by Council of the resolution be waived; 3 8-18-94 The motion carried and Resolution No. 94-254 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Nays: None. Absent: Council Member Negrete. ADJUST CITY ATTORNEY'S OFFICE BUDGET 1994/95 - CONTINUED FROM AUGUST 15, 1994 FISCAL YEAR (2) This is the time and place continued to discuss the City Attorney's Office request to add the following positions and necessary funds to the fiscal year 1994/95 budget: one Deputy City At torney IV, one Legal Secretary I I and one Legal Secretary Trainee, for a total cost of approximately $148,179.20. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.10 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROVISION OF EMERGENCY AMBULANCE SERVICE BY THE CITY TO THE RESIDENTS OF THE CITY. (Continued from August 15, 1994) First (3) Mayor Minor read the title of the ordinance. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of the ordinance be waived; and that said ordinance be laid over for final adoption. (Note: The vote was taken after discussion.) A discussion was held regarding the actions taken for implementation of the emergency-medical transportation service, the estimated start date and the possibility of the court determining that the City cannot operate an ambulance service. Peggy Ducey, Assistant to the City Administrator, answered questions regarding the plan to establish and implement the emergency-medical transportation service. City Attorney Penman answered questions about the possibility of being bound by a lease for the ambulances required for the operation of the emergency-medical transportation service. Discussion ensued regarding the possibility of litigation, and the lawsuits brought against the Cities of Colton and Apple Valley, California, which are currently operating their own ambulance service. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the operation of a City-owned ambulance service. 4 8-18-94 John D. Hobbs, 1546 W. Evans Street, San Bernardino, CA, expressed opposition to the City operating an emergency-medical transportation service. Harry L. Gershon, Attorney at Law, 333 S. Hope Street, Los Angeles, CA, representing Courtesy Ambulance Services, stated that if the City approved the operation of an emergency-medical transportation service, he would be forced to take injunctive measures to keep the City from operating an ambulance service; and answered questions regarding the draft court ruling for the City of Colton. City Attorney Penman eXplained that the facts for the City of Colton differ from the City of San Bernardino, and stated that the case against the City of Apple Valley has not been adjudicated. Judi Thompson, San Bernardino Chamber of Commerce, 546 W. 6th Street, San Bernardino, CA, expressed opposition to the City operating its own emergency-medical transportation service. Will Wright, Fire Chief, answered questions concerning the ability to provide adequate coverage if the City was to provide its own ambulance service, and the services currently being provided. A discussion was held regarding the previous actions taken to approve the operation of an emergency-medical transportation service. Chief Wright continued answering questions regarding the response time for emergency-medical transportation services. Ruben Lopez, 631 W. 16th support for the operation transportation service. Street, San Bernardino, CA, expressed of a City-owned emergency medical The motion failed by the following Members Oberhelman, Devlin, Miller. Nays: Hernandez, Pope-Ludlam. Absent: Council vote: Ayes: Council Members Member Negrete. Council Curlin, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE TRANSFER OF FUNDS FROM THE WATER FUND TO THE CITY'S GENERAL FUND. (Continued from August 15, 1994) (4) Mayor Minor read the title of the resolution. Council Member Devlin eXplained that the City currently retains 10 percent of the Water Department funds, and stated that said resolution would allow the City to withhold 15 percent. 5 8-18-94 Council Member Oberhelman made a motion, seconded by Council Member Miller, that further reading of the resolution be waived; and that said resolution be adopted. (Note: There was no vote taken. ) Discussion ensued regarding the percentage of residents who utilize City-water services, and the potential for an increase in the water rates. City Clerk Rachel Clark answered questions regarding the costs associated with a special election. A discussion was held concerning the possible impact to the Water Department. City Attorney Penman explained that the Charter amendment would require a 2/3 vote, and at this time, the Council should only take action as to whether or not the amendment would go before the voters. He answered questions regarding the format for a Charter amendment if the City wished to manage all operations within the Water Department. It was requested that the matter be tabled, and that the Mayor and Council pursue the issue of obtaining direct control of the Water Department. Council Member Oberhelman made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE FILLING OF VACANCIES IN THE OFFICE OF THE MAYOR AND CITY ATTORNEY. (Continued from August 15, 1994) (5) Mayor Minor read the title of the resolution. City Clerk Rachel Clark stated that the proposed Charter amendment seeks to amend Section 51; however, remains silent on Section 55C, which also pertains to the Office of the City Attorney. COUNCIL MEMBER At 8: 05 p. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Council Member Oberhelman made a motion, seconded Member Devlin, that further reading of the resolution and that said resolution be adopted. by Council be waived; 6 8-18-94 The motion failed by the following vote: Members Oberhelman, Devlin, Miller. Nays: Hernandez. Abstain: Council Member Curlin, Members Negrete, Pope-Ludlam. Ayes: Council Absent: Council Member Council RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE RECALL. (Continued from August 15, 1994) (6) Mayor Minor read the title of the resolution. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of the resolution be waived; and that said resolution be adopted. (Note: The vote was taken after discussion.) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern because of the low voter turnout within the City, which would result in a minimal number of signatures required for a recall. COUNCIL MEMBER At 8: 07 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the City Attorney Penman stated that the proposed amendment is what was previously reflected in the Charter. Concern was expressed relative to the expense for special elections, and a recommendation was made that a Charter Committee be established to review the proposed Charter amendments. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Hernandez, that Items Six (6) through Twelve (12) be tabled. Council Member Hernandez withdrew his second. The substitute motion failed for lack of a second. Phillip Kassel, 3922 San Gabriel Street, San Bernardino, CA, expressed concern regarding the deterioration of the City, and urged the Council to address the proposed charter amendments and that they not be tabled. Council Member Curlin made a substitute motion, that the proposed Charter amendments, Items 6-12, be tabled or continued; and that a Blue Ribbon Committee be established and appointed by members of the Mayor and Council; and that no restrictions be placed on the duration and recommendations made by the Committee. 7 8-18-94 A discussion ensued regarding the actions taken by the previously appointed Charter Committee. Council Member Pope-Ludlam seconded the substitute motion. The substitute motion failed by ~he following vote: Council Members Curlin, Hernandez, Pope-Ludlam. Nays: Members Oberhelman, Devlin, Miller, Absent: Council Negrete. Ayes: Council Member The previous motion that further reading of the resolution be waived; and that said resolution be adopted failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Hernandez, Pope-Ludlam. Absent: Council Member Negrete. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE. (Continued from August 15, 1994) (7) Mayor Minor read the title of the resolution. Council Member Devlin made a motion that further reading of the resolution be waived; and that said resolution be adopted. The motion failed for lack of a second. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE SALARY OF THE MAYOR. (Continued from August 15, 1994) (8) Mayor Minor read the title of the resolution. Council Member Devlin made a motion that further reading of the resolution be waived; and that said resolution be adopted. The motion failed for lack of a second. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.80.010 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALARY OF THE MAYOR. (Continued from August 15, 1994) First (9) Mayor Minor read the title of the ordinance. Council Member Devlin made a motion that further reading of the ordinance be waived; and that said ordinance be laid over final adoption. The motion failed for lack of a second. 8 8-18-94 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO EMPLOY LEGAL COUNSEL. (Continued from August 15, 1994) (10) Mayor Minor read the title of the resolution. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that further reading of the resolution be waived; and that said resolution be adopted. The motion failed by the following Members Oberhelman, Devlin, Miller. Nays: Hernandez, Pope-Ludlam. Absent: Council vote: Ayes: Council Members Member Negrete. Council Curlin, AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EMPLOYMENT OF OUTSIDE COUNSEL. (Continued from August 15, 1994) First (11) Mayor Minor read the title of the ordinance. Council Member Oberhelman made a motion, seconded by Council Member Miller, that further reading of the ordinance be waived; and that said ordinance be laid over for f~nal adoption, The motion failed by the follow~ng Members Oberhelman, Devlin, Miller. Nays: Hernandez, Pope-Ludlam. Absent: Council vote: Ayes: Council Members Member Negrete. Council Curlin, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR .~D COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP TO 15% FROM THE WATER FUND TO THE GENERAL FUND. (Continued from August 15, 1994) (12) Mayor Minor read the title of the resolution. Council Member Devlin made a Member Oberhelman, and unanimously tabled. motion, carried, seconded by Council that the matter be 9 8-18-94 ADJOURNMENT At 8:29 p.m., the meeting was will be held on Tuesday, September Council Chambers of City Hall, Bernardino, California. By: No. of Items: 18 No. of Hours: 1.5 10 adjourned. 6, 1994, at 300 North RACHEL CLARK City Clerk ;; The 8:00 liD" ann a Cordova eputy City Clerk (15) next meeting a.m., in the Street, San 8-18-94