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Home My WebLink About09-14-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING SEPTEMBER 14, 1998 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting held at 8: 00 a.m., Tuesday, September 8, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Tuesday, September 8, 1998, 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 12:00 p.m., Wednesday, September 9, 1998, on the bulletin board of the place at which said meeting was held. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 9:04 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Clark; City Administrator Wilson. Absent: None. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA Council Member Estrada announced that a reception in honor of the "Salute to the Route 66 Rendezvous" would be held at 5:00 p.m., Thursday, September 17, 1998, at Nunez Park. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS Council Member Arias stated that volunteers are still needed for the Route 66 Rendezvous and encouraged all residents to attend. DESIGNATE VOTING & ALTERNATE REPRESENTATIVES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE LONG BEACH, CALIFORNIA OCTOBER 2-4, 1998 (Continued from September 8, 1998) (2) 1 9/14/1998 Council Member Arias made a motion, seconded by Council Member Estrada, and unanimously carried, that Mayor Valles be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held October 2- 4, 1998, in Long Beach, California; and that Council Member Anderson be designated as the alternate voting representative. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON DEL ROSA AVENUE BETWEEN MARSHALL BOULEVARD AND THIRTY -NINTH STREET. (Continued from September 8, 1998) First (3) City Clerk Clark read the title of the ordinance into the record. Development Services Director Hays answered regarding the proposed 45 miles per hour speed limit Avenue between Marshall Boulevard and 39th Street. questions on Del Rosa Council Member Miller made a motion, seconded by Council Member Arias, and unanimously carried, that said ordinance be laid OYer for final adoption. AUTHORIZE SALARY ADJUSTMENTS - POLICE DEPARTMENT RANGES P-4, P-5, P-6 & P-7 - EFFECTIVE AUGUST 1, 1998 - CHARTER SECTION 186 ADJUSTMENTS - (Continued from September 8, 1998) (4) Barbara Pachon, Director of Finance, submitted a memorandum dated September 11, 1998, concerning fiscal year 1998-99 budget costs associated with Charter Section 186. (Note: This document also applies to Item Nos. 5, 6 and 7.) City Clerk Clark distributed a chronology relative to Charter Section 186. (Note: This document also applies to Item Nos. 5, 6 and 7.) Ed Raya, Director of Human Resources, provided a synopsis of the action taken for the establishment of salaries for police and fire personnel, as mandated by Charter Section 186. Mayor Valles recommended that Item Nos. approved and that a task force be established to Section 186. 4 , 5 , 6 and 7 be reevaluate Charter A discussion ensued relative to the establishment of Charter Section 186, the need to reevaluate such and the actions taken since the creation of Charter Section 186. 2 9/14/1998 James Mulvihill, 407 W. 25th Street, San Bernardino, CA, requested a review of Charter Section 186. Steve Filson, San Bernardino Police Officers Association, 1299 North "D" Street, San Bernardino, CA, expressed his desire to hopefully put to rest the controversy associated with Charter Section 186 and stated that the association is looking forward to participating in the discussions. City Attorney Penman Section 186 relative to salaries. reviewed the provisions the computation of police of Charter and fire Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the salaries for Police Department Ranges P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police) and P-7 (Chief of Police) be established, effective August 1, 1998, as outlined in the staff report dated August 27, 1998, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429 to reflect this particular action; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 budget to transfer $87,700 from General Government budget (001-092-5011) to the Police Department budget in the General Fund. AUTHORIZE P-1, P-2, AUGUST 1, (Continued SALARY ADJUSTMENTS - POLICE DEPARTMENT RANGES P-3 & LAW ENFORCEMENT TRAINEE EFFECTIVE 1998 CHARTER SECTION 186 ADJUSTMENTS from September 8, 1998) (5) Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the salaries for Police Department Ranges P-1 (Police Officer) , P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 1998, as outlined in the staff report dated August 27, 1998, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution Nos. 6429 and 6413, Section 13, to reflect this particular action; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 budget to transfer $912,700 from the General Government budget (001-092-5011) to the Police Department budget in the General Fund. AUTHORIZE SALARY ADJUSTMENTS - FIRE DEPARTMENT RANGES P- 5, P-6 & P-7, FIRE MARSHALL & TRAINING OFFICER EFFECTIVE AUGUST 1, 1998 CHARTER SECTION 186 ADJUSTMENTS - (Continued from September 8, 1998) (6) Council Member Devlin made a motion, Member Estrada, and unanimously carried, that Department Ranges P-5 (Battalion Chief', P-6 seconded by Council the salaries for Fire (Deputy Fire Chief), 3 9/14/1998 P-7 (Fire Chief), Fire Marshal and Training Officer be established, effective August 1, 1998, as outlined in the staff report dated August 28, 1998, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 budget to transfer $50,315 from General Government budget (001-092-5011) to the Fire Department budget in the General Fund. AUTHORIZE SALARY ADJUSTMENTS - FIRE DEPARTMENT RANGES - P-1, P-2, P-3 & P-4 - EFFECTIVE AUGUST 1, 1998 - CHARTER SECTION 186 ADJUSTMENTS - (Continued from September 8, 1998) (7) Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator and Captain) be established, effective August 1, 1998, as outlined in the staff report dated September 2, 1998, from Ed Raya, Director of Human Resources; that the Human Resources Department prepare an amendment to Resolution No. 6429; and that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1998-99 budget to transfer $449,300 from General Government budget (001- 092-5011) and $212,200 from the General Fund Reserve balance (001- 000-3405) to the Fire Department budget in the General Fund. APPROVE APPOINTMENTS MEMBERS & ALTERNATES SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY COMMISSION - COUNCIL MEMBERS ESTRADA & MILLER - COUNCIL MEMBERS ARIAS & ANDERSON AS ALTERNATES (Continued from September 8, 1998) (8) Several members of the council recommended that the members within the ad hoc committee be appointed to the San Bernardino Regional Water Resources Authority Commission. The following individuals suggested that Council Member Lien be appointed to the Commission: Harold McGrath. Ed Wheeler, 1703 Crestview Avenue, San Bernardino, CA. As chairperson of the ad hoc committee, Council Member Estrada explained that the committee had reviewed all of the proposed water projects and a decision had not been finalized which could ultimately affect any specific ward(s) within the city. Council Member Lien stated that because of the composition of the Second Ward and the problems associated with such, a member representing the Second Ward should be appointed to the San Bernardino Regional Water Resources Authority Commission. 4 9/14/1998 A discussion was held relative to the proposed appointments to the San Bernardino Regional Water Resources Authority Commission. City Attorney Penman explained that the members appointed to the committee would not be representing their wards but the city as a whole. James Mulvihill, 407 W. 25th Street, San Bernardino, CA, voiced concern relative to the appointment of Council Member Miller because she is also appointed to the Inland Valley Development Agency. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Common Council approve the Mayor's appointments of Council Member Esther Estrada and Council Member Norine Miller as members of the San Bernardino Regional Water Resources Authority Commission (SBRWRAC); that Council Member Betty Dean Anderson be approved as an alternate for Ms. Miller and Council Member Rita Arias be approved as an alternate for Ms. Estrada; and that the Mayor and Common Council approve the designation of Ms. Estrada and Ms. Miller as alternating alternates to preside and exercise the Mayor's veto in the absence of the Mayor, with Ms. Estrada designated to preside in the Mayor's absence during meetings held in even numbered months (February, April, June, August, October, December); and Ms. Miller designated to preside in the Mayor's absence during meetings held in odd numbered months (January, March, May, July, September, November); and if both the Mayor and one regular member are absent, the other regular San Bernardino member of the SBRWRAC shall preside and is authorized to exercise the Mayor's veto. The motion carried by the following Members Estrada, Devlin, Anderson, Miller. Lien, Arias, Schnetz. Absent: None. vote: Nays: Ayes: Council Council Members RES. 98-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO TOTER, INCORPORATED, FOR PURCHASE OF ADDITIONAL AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES. (Continued from September 8, 1998) (9) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 98-265 was adopted Ayes: Council Members Estrada, Lien, Anderson, Miller. Nays: None. Absent: by the Arias, None. following vote: Schnetz, Devlin, RECESS MEETING At 9:54 a.m., Mayor Valles declared a ten-minute recess. 5 9/14/1998 RECONVENE MEETING At 10:08 a.m., Mayor Valles reconvened the joint adjourned 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 Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Clark; City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION At 10:09 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. CLOSED SESSION At 10:09 a.m., Mayor Valles 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 Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Director Winkler, Agency; and Deputy Executi ve Director Van Osdel, Special Counsel Sabo, Economic City Attorney Empeno. Development Development ADJOURN CLOSED SESSION At 10:40 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 10:41 a.m., Mayor Valles reconvened the joint adjourned 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 Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. 6 9/14/1998 DISCUSS & TAKE ACTION SUBORDINATION & INTERCREDITOR AGREEMENT - DRAFT DATED 8/13/98 - GMAC-MORTGAGE, BORROWER & AGENCY - MDA-SAN BERNARDINO ASSOCIATES - CINEMA STAR MULTI- PLEX THEATER PROJECT - (Continued from September 8, 1998) (R10) City Attorney Penman submitted a memorandum dated September 14, 1998, outlining areas of concern relative to the subordination and intercreditor agreement and reiterated the same. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council and Community Development Commission meeting of September 21, 1998. Council Member Anderson removed her second, and the motion failed for lack of a second. Rex Swanson, Metropolitan Development, expressed concern relative to the proposed continuance. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council and Community Development Commission meeting of September 21, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT (11) At 10:46 a.m., the meeting adjourned. The next regular meeting will be held on Monday, September 21, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~~ ~ ./._ uzanna Cordova Deputy City Clerk No. of Items: 11 No. of Hours: 1.5 7 9/14/1998