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HomeMy WebLinkAbout02-13-1986 Minutes City of San Bernardino, California February 13, 1986 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Adjourned Regular Meeting held Wednesday, February 5, 1986, at 7:10 p.m., in the Empire Room of the National Orange Show, 689 S. "E" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said Meeting held on Wednesday, February 5, 1986, and has on file in the Office of the City Clerk an affidavit of said posting, together with a copy of said Order, which was posted at 11:30 a.m., Thursday, February 6, 1986. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 1:05 p.m., Thursday, February 13, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. Andrew Scott, Home of Neighborly Services. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Marks. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel; City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Frazier, Strickler; City Attorney Prince. FIVE CITY ECONOMIC DEVELOPMENT AUTHORITY - JOINT POWERS AGREEMENTS SUMMARY - OPERATION SECOND CHANCE At the Regular Meeting of the Mayor and Common Council held Monday, February 3, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, a motion carried that an analysis be made of how the circumstances surrounding Operation Second Chance happened, and on the City's liability in all other joint powers agreements, and that a report be made to the Council on March 3, 1986. Deputy City Administrator questions regarding the report consortium. Schweitzer answered of the five city CITY ATTORNEY PRINCE ARRIVED At 1:09 p.m., City Attorney Prince arrived at the Council Meeting. Deputy City Administrator Schweitzer stated he would present the requested report of the five city consortium and joint powers agreements at the second Council Meeting in March, March 17, 1986. RES. 86-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC NO. 2365. (Located generally north of Highland Avenue, between Waterman Avenue and Boulder Avenue.) (1) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. In a memorandum dated January 24, 1986, Mayor Wilcox provided a report concerning provisions outlined in SB 180 amending Section 99 of the Revenue and Taxation Code regarding an allotted thirty day period of time for the City and County to negotiate a distribution of ad valorem taxes in the nine-island Highland area annexation (LAFC No. 2365). Deputy City Administrator Schweitzer answered questions regarding the handling of previous annexations. Counci 1 Member Marks made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-37 was adopted by vote: Ayes: Council Members Estrada, Quiel. Noes: Council Member Hernandez. Members Frazier and Strickler. the following Reilly, Marks, Absent: Council RES. 86-38 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR THE SALE OF CITY OF SAN BERNARDINO, CALIFORNIA, SEWER REVENUE REFUNDING BONDS, ISSUE OF 1986 (REGIONAL WASTEWATER TREATMENT PLANT PROJECT). (2) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Bernard Kersey, Ex-Officio Secretary, Board of Water Commissioners, explained the purpose of the resolution, and stated that $24,000,000 had been collected through the sale of sewer capacity rights. Tim Sabo, Bond Counsel, answered questions regarding the difference between sewer refunding bonds and certificates of participation. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-38 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Counci 1 Members Frazier and Strickler. 2 2/13/86 RES. 86-39 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING AND ACCEPTING A PROPOSAL TO PROVIDE BOND COUNSEL, CONSULTING AND UNDERWRITING SERVICES IN CONNECTION WITH THE ISSUANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SEWER REVENUE REFUNDING BONDS, ISSUE OF 1986 (REG I ONAL WASTEWATER TREATMENT PLAN'r PROJECT). (3) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-39 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Counci 1 Members Frazier and Strickler. RES. 86-40 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 83-93, AS AMENDED, AND AUTHORIZING THE ISSUANCE OF CITY OF SAN BERNARDINO, CALIFORNIA, SEWER REVENUE REFUNDING BONDS, ISSUE OF 1986 (REGIONAL WASTEWATER TREAT- MENT PLANT PROJECT), OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SAID REFUNDING BONDS. (4) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-40 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier and Strickler. RES. 86-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNAR- DINO TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 3, 1986. (5) RES. 86-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF SAN BERNARDINO PROHIBITING THE SALE OR GIVING AWAY OF ANIMALS FOR RESEARCH, TESTING OR EXPERI- MENTAL PURPOSES AS A MATTER OF PUBLIC POLICY. (6) City Clerk Clark read the titles of the resolutions. 3 2/13/86 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER STRICKLER ARRIVED At 1:55 p.m., Council Member Strickler arrived at the Council Meeting and took his place at the Council Table. Discussion was held regarding the wording of the resolutions and the ballot measure, and the implications of having two measures on the ballot so that the decision of the voters would be mandated by law. Dr. Michael Gianelli, Director of the National Coalition to Protect Our Pets, spoke regarding the existence of two measures possibly confusing the voters, the inclusions of the phrase, "or giving away of" and the word "unclaimed", the use of the animals being sold or given away, and the definition of the wording, "legally accredited organizations". He also suggested wording for the ballot measure. Adam Neil, resident of the City of Grand Terrace and a Director of the Inland Unit of the American Cancer Society, spoke in agreement with the City's present policy, and stated that he feels the wording of the ballot should be clear and concise, and it should state that the animals are "unclaimed and unwanted". Margo Tannenbaum, a member of Last Chance for Animals, stated that only unclaimed animals have ever been sold for research, but provided instance in which mistakes have been made following current pOlicy. Discussion was held concerning whether the election should contain one or two Charter amendments, or if the election should be for Advisory Vote Only. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the resolutions be amended to have a single measure on the ballot reading, "Shall the Charter be amended to adopt a public policy continuing the sale or giving away of un- claimed, impounded animals for research, testing or educational purposes to legally accredited organi- zations?"; and, that said resolutions be adopted as amended. Resolutions Nos. 86-41 and 86-42 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING PROCEDURES FOR COMPELLING THE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT MEETINGS OF THE AD HOC COM- MITTEE OF THE LEGISLATIVE BODY APPOINTED FROM ITS MEMBERSHIP TO INVESTIGATE CERTAIN BUILDING PROJECTS AND DECLARING THE URGENCY THEREOF. (8) City Clerk Clark read the title of the ordinance. Discussion was held concerning the ordinance being unnecesary, as the full Council has subpoena power under the Charter. Council Member Quiel made a motion, seconded by Council Member Strickler, that said ordinance be tabled. 4 2/13/86 The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Marks. Absent: Member Frazier. Ayes: Quiel, Council COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. RECESS MEETING - CLOSED SESSION At 2:50 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly, to recess to a Closed Session in the Management Information Center Room of City Hall, 300 North "0" Street, San Bernardino, California, under the authority of Government Code Section 54956.9A, to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party (Walsh et al vs the City of San Bernardino), and Government Code Section 54957, to consider personnel matters. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. CLOSED SESSION At 2:50 p.m., Mayor Wilcox called the Closed Session to order in the Management Information Center Room of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present for discussion regarding pending litigation (Walsh et al vs the City of San Bernardino): Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, Deputy City Administrator Schweitzer. Absent: Council Member Frazier; City Clerk Clark. Also present were Assistant City Attorney Sabourin, Director of Emergency Services/Risk Management Solheim, Assistant Director of Emergency Services/Risk Management Gadbois, Liability Claim Specialist Sovereign, General Manager of the Water Department Wessel, and Attorneys Arthur Norden, Jr. and Ed Fitzgerald. All persons present were excused with the exception of Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler, for discussion of personnel matters regarding the filling of the Chief of Police position. ADJOURN CLOSED SESSION At 5:33 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino, adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:33 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Absent: Council Member Frazier. 5 2/13/86 COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. RECONSIDERATION AGENDA ITEM 5 RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 3, 1986. (5) Council Member Marks made a motion, seconded by Council Member Estrada, that Agenda Item 5, the resolution concerning a Special Municipal Election regarding the policy of the City of San Bernardino to sell unclaimed, impounded animals to legally accredited research organizations, be reconsidered. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Strickler. Council Member Hernandez. Absent: Council Members Frazier. Ayes: Noes: Quiel, Council Member Marks made a motion that the ballot read, "Shall the Charter be amended to prohibit the sale or giving away of impounded, unclaimed animals for research, testi ng or educational purposes to legally accredited organizations?" The motion died for lack of a second. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the previous motion to have the ballot language read, "Shall the Charter be amended to adopt a public policy continuing the sale or giving away of unclaimed, impounded animals for research, testing or educational purposes to legally accredi ted organizations", be reaffirmed. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion that Dr. Michael Gianelli, Director of the National Coalition to Protect Our Pets, be allowed to speak. The motion died for lack of a second. RECESS MEETING - CLOSED SESSION At 6:17 p.m., Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to recess to a Closed Session under the authority of Government Code Section 54957, to consider personnel matters. CLOSED SESSION At 6:17 p.m., Mayor Wilcox called to order in the Conference Room of the City Hall, 300 North "0" Street, California. the Closed Session Council Chambers, San Bernardino, 6 2/13/86 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Hernandez, Marks, Quiel, Str ickIer. Absent: Counci 1 Members Rei 11y, Frazier; City Attorney prince, Deputy City Administrator Schweitzer, City Clerk Clark. ADJOURN CLOSED SESSION At 6:30 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RECONVENE MEETING At 6:30 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken following being present: Estrada, Rei lly, Marks, Council Members Hernandez, by the City Clerk with the Mayor Wilcox; Council Members Quiel, Strickler. Absent: Frazier. ADJOURNMENT At 6:35 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting be adjourned. A&t'/?/l~0 /' Ci ty Clerk 7 2/13/86