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Home My WebLink About03-17-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 17, 1997 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, March 17, 1997, 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, Oberhelman, Devlin, Anderson, Miller; City Clerk Rachel Clark, Acting City Administrator wilson. Absent: Council Member Arias; City Attorney Penman. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 5 &: 22) (1&84) At 8: 05 a. m., the Mayor and Common Council and Communi ty Development Commission recessed to closed session for the following: (Note: Al though an extensive list of cases was referenced as Attachment A on the agenda, only those cases actually discussed are noted in the minutes.) Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Leslie Bond vs. Community Development Commission/Citv of San Bernardino. et. al. - San Bernardino Superior Court Case No. SCV 276373. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel public employment appointment pursuant to Government Code Section 54957: Position: Police Chief 1 3/17/1997 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, Oberhelman, Devlin, Anderson, Miller; City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias; City Attorney Penman. Also present: Senior Assistant City Attorney Margaret Scroggin, Administrative Operations Supervisor, Secretary Edna Anderson, City Attorney's Office. Carlyle, and Legal 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 agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. CITY ATTORNEY PENMAN, ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS, & ATTORNEY JIM ODLUM ARRIVED At 8:10 a.m., City Attorney Penman, Economic Development Agency Administrator Steinhaus, and Attorney Jim OdIum of Mundell, OdIum & Haws, 275 West Hospitality Lane, San Bernardino, arrived at the closed session. ECONOMIC ATTORNEY At 8:23 Steinhaus and DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & JIM ODLUM EXCUSED a.m., Economic Development Agency Administrator Attorney OdIum left the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED & DEPUTY CITY ATTORNEY ALDSTADT ARRIVED At 8:32 a.m., Senior Assistant City Attorney Carlyle left the closed session and Deputy City Attorney Aldstadt arrived. ADJOURN CLOSED SESSION At 9:01 a.m., the closed session adjourned to the joint regular meeting in the Council Chambers of City Hall. RECONVENE MEETING At 9:03 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. 2 3/17/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Arias. INVOCATION The invocation was given by Reverend Barnabas Laubach, St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENT "JOE" J.C. SUAREZ, COMMISSION - COUNCIL MEMBER DEVLIN JR. PLANNING (2) Mayor Minor submitted a Staff Report dated March 11, 1997, recommending the appointment of "Joe" J. C . Suarez, Jr., 3105 Belmont Avenue, San Bernardino, CA, to the Planning Commission, as requested by Council Member Devlin. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of "Joe" J.C. Suarez, Jr. to the Planning Commission, as requested by Council Member Devlin, be approved. PRESENTATION DEPUTY CITY ATTORNEY EMPENO ATTORNEY'S OFFICE TIGER AWARD CITY (3) Deputy Attorney's performance, II case. City Attorney Office "Tiger which was most Empeno was presented with the City Award" for his outstanding work recently exhibited in the Stubblefield Deputy City Attorney Empeno thanked the City Attorney and his staff, the Planning Department staff, and particularly Principal Planner Valerie Ross, for their assistance with this case. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Department Years of Service Judith Rubio Brian Demulling Dwight Ramirez James Sheridan Finance Department Fire Fire Fire 10-year pin 15-year pin 15-year pin 20-year pin 3 3/17/1997 William Peterson Marcia Baker Neil Creager Fire Library Parks, Recreation & Community Services Police Police Police Police Police Police Public Services 25-year 20-year 15-year pin pin pln Rodney Topping Laura Treschler Ronald Van Rossum Barbara Petty James Voss Richard Taack John Rodriguez 5-year 5-year 10-year 15-year 20-year 25-year 20-year pin pin pin pin pin pin pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete wished everyone a happy Irish day. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin joined Council Member Negrete in wishing everyone a happy St. Patrick's Day and expressed hope that Measure S would not divide the community. He a:so wished former mayor Bob Holcomb a speedy recovery from his recent heart surgery. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated he had seen Sergeant Richard Taack, who had just received his 25-year service pin, playing football on Saturday against the Riverside Police Department. He noted that Sergeant Taack's son had just been hired as a new police officer in San Bernardino and commended them both for being part of the police profession. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin wished everyone a happy St. Patrick's Day, reminded everyone to vote on Measure S, and said hello to his grandson Kevin, who was still at home in a body cast. He also expressed his sorrow and extended condo:ences to the family of Bob Stone, who was a member of the Planning Commission and lost his life in a work-related accident. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Day. Council Member Miller wished everyone a happy St. Patrick's 4 3/17/1997 ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark reminded everyone that the polls would be open the following day from 7:00 a.m. to 8:00 p.m., and that voting could be done in the City Clerk's Office, but not at the Registrar of Voters Office. Mrs. Clark stated that she had occasion to observe the first group of young men graduating from the police work-study program and commended Police Chief Dean and Lieutenant Farmer on the program. CLOSED SESSION ANNOUNCEMENT (Discussed earlier and later in the meeting - pages 1 & 22) (1&84) Mayor Minor noted that in closed session the Council had taken action to extend Police Chief Dean's contract with the City from three years to five years, stating that he was doing a superb job. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor expressed sorrow extended his sympathies to Mr. sister, Jane Lorenz. over the death of Bob Stone and Stone's wife, Sylvia, and his PUBLIC COMMENTS - SUSAN LIEN (5) Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA, stated that she was working with the No on S - Citizens for Accountable City Government Committee. She stated that the part of Measure S which greatly bothered her was that the measure establishes minimum pol ice and f ire general fund budgets, which would be adj usted yearly by the Consumer Price Index (CPI) (not to exceed 10 percent) and by the amount necessary to pay any increases required by the City's Charter. This concerned her because the CPI increases faster than the growth of the general fund. PUBLIC COMMENTS - ESTHER PEREZ (5) Esther Perez, 1387 West Seventh Street, San Bernardino, CA, art project coordinator for Casa Ramona, stated that Casa Ramona is celebrating its 25th year of serving the community by holding an art exhibit sale and contest on May 17. She invited everyone to participate, stating that the deadline to enter was March 25, and that once a person enters, they can sell as many pieces of art as they want, with the winners receiving cash prizes. She added that the winners of the contest for third, fourth, and fifth graders would receive U.S. Savings Bonds. Casa Ramona is located at 1524 West Seventh Street; call 889-0011 or 889-3955 to register for the contest. 5 3/17/1997 PUBLIC COMMENTS - OPPOSITION TO MEASURE S (5) The following individuals spoke in opposition to Measure S: Ted Humann, 1643 Gould Street, San Bernardino, CA. Elliott Livingston, 1361 Susan, Redlands, CA. Bob Lien, 1833 Kenwood Avenue, San Bernardino, CA. Bill Rogers, 1482 East Davidson Street, San Bernardino, CA. Donald Burress, 1483 Gould Street, San Bernardino, CA. Harold Duffy, 5028 Wyche Court, San Bernardino, CA. Gil Navarro, Regional Director, Mexican American Political Association. CITY ATTORNEY PENMAN EXCUSED At 9:57 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. PUBLIC COMMENTS - SUPPORT OF MEASURE S (5) The following individuals spoke in support of Measure S: Ruben Lopez, 631 West 16th Street, San Bernardino, CA. William Harrison, Jr., 4675 Woodbend Lane, San Bernardino, CA. Robert Rego, 853-A Lynwood, San Bernardino, CA. Skip Kulikoff, President, San Bernardino Firefighters Assn. Richard Lewis, 5328 Park Lane, San Bernardino, CA. Lee Meyers, 2575 South Steel Road, San Bernardino, CA. RECESS MEETING At 10:04 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:12 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor,; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Arias, Miller. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council, be waived. 6 3/17/1997 COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: December 2, 1996; December 10, 1996; January 27, 1997. SET PUBLIC HEARING TRANSPORT PROGRAM FEES DEPARTMENT EMERGENCY MEDICAL SERVICE - 10:00 A.M., APRIL 7, 1997 (EMS) - FIRE (S) Larry Pitzer, Fire Chief, submitted a Staff Report dated March 10, 1997, recommending that a public hearing be set for 10:00 a.m. on April 7, 1997, to set the fees related to the Emergency Medical Service Transport Program. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that a public hearing be set for 10:00 a.m., April 7, 1997, for the establishment of fees related to the Emergency Medical Service (EMS) Transport Program. RES. 97-81 - RESOLUTION OF THE C:TY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MICROAGE COMPUTERMART, DIAMOND BAR, CALIFORNIA, FOR THE PURCHASE OF (123) LAPTOP COMPUTERS TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION #F97-15. (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-81 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Arias, Miller. CLAIMS AND PAYROLL (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 11, 1997, from the Director of Finance be approved. PERSONNEL ACTIONS (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated March 6, 1997, 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. 7 3/17/1997 RES. 97-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIERRA PACIFIC ELECTRICAL CONTRACTING, INC., FOR INSTALLATION OF STREET LIGHTS AT VARIOUS LOCATIONS. (12) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-82 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Arias, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC., FOR PLACEMENT OF THE FINAL I-INCH OF PAVEMENT ON HOSPITALITY LANE, FROM THE GAGE CANAL TO TIPPECANOE AVENUE. (13) Deputy City Attorney Empeno submitted a memorandum dated March 17, 1997, wherein he outlined some discrepancies in the bid process and the awarding of the bid and recommended that all bids be rejected and Public Works be directed to readvertise for bids with the correct bid specifications. City Attorney Penman stated that this is a very serious matter, and the only solution would be to follow the advice outlined in Mr. Empeno's memo of March 17. He added that municipalities are required to go with the lowest bid. Roger Hardgrave, Director of Public Works/City Engineer, admitted that an addendum should have been issued when they discovered that the bid included the wrong type of sealant; however, there just was not time and staff was merely trying to salvage the bid, not circumvent the bidding process. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that all bids be rejected; and that the Public Works Department be directed to readvertise for bids with the correct bid specifications. PUBLIC HEARING - IMPOSE LIENS - CERTAIN PARCELS OF REAL PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (14) City Clerk Rachel Clark submitted a Staff Report dated February 27, 1997, regarding imposition of liens on real property located within the City of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. No comments were received regarding this matter. 8 3/17/1997 RES. 97-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (14) Council Member Curlin made a motion, seconded by Council Member Oberhelman that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 97-83 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Arias, Miller. COUNCIL MEMBER MILLER RETURNED At 10:30 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN EXCUSED At 10:30 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. APPEAL HEARING DENIAL OF DINE & ENTERTAINMENT PERMIT - MARQUIS LOUNGE - 1036 AVENUE - DENNIS HASSETT DANCE/LIVE W. HIGHLAND (15) Wayne Harp, Assistant Chief of Police, submitted a Staff Report dated March 11, 1997, in which he recommended that the Council uphold the decision of the Chief of Police to deny the dine and dance/live entertainment permit for the Marquis Lounge. Mayor Minor opened the hearing. CITY CLERK RACHEL CLARK EXCUSED At 10:33 a.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. Assistant Chief Harp pointed out that there are residences located immediately north of the bar and of the three that the department was able to contact, two of them opposed live entertainment. He also noted that establishments with live entertainment that are located in close proximity to residential areas are often violating the noise ordinance. Discussion ensued regarding the fact that the applicant had submitted a document signed by five of the neighbors indicating they were not opposed to the live entertainment, the number of calls for police service in the area, and whether changing the type of permit would require a change in the type of security provided. 9 3/17/1997 COUNCIL MEMBER ARIAS ARRIVED At 10:42 a.m., Council Member Arias arrived at the Council meeting and took her place at the council table. Richard Hart, 939 E. Gilbert Street, San Bernardino, CA, representing owner Dennis Hassett, stated that they had received approval from the Planning and Building Services Department, and that none of the residents they had contacted were opposed to the change. Mayor Minor suggested that the Council reconsider the matter after the residents have been contacted a second time and research has been done to determine the nature of the police calls in the area. There was also a suggestion that the appeal be granted on a provisional basis. Council Member Negrete made a motion, seconded by Council Member Anderson, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member Arias. Absent: None. Council Member Oberhelman made a motion to grant the appeal and approve the license amendment for live entertainment on the condition that the probationary status be evaluated over the next year for any problems. Senior Assistant City Attorney Carlyle pointed out that if the motion was approved, it should be returned to the Chief of Police for him to impose such conditions as he would deem appropriate. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the appeal be approved and returned to the Chief of Police so that he could impose any conditions that may be appropriate for a probationary period to determine whether any conditions exist around the surrounding neighborhood which would preclude final approval. (Note: There was no vote taken.) Council Member Devlin made a substitute motion, seconded by Council Member Miller, that the matter be continued to the Mayor and Council meeting of April 7, 1997. Council Member Miller withdrew her second. The substitute motion failed for lack of a second. 10 3/17/1997 Discussion continued wherein most of the Council Members expressed a desire for more information regarding police calls in the area, a second survey of surrounding property owners, and whether this action would ultimately be a positive or a negative for Highland Avenue. Council Member Devlin made a substitute motion, seconded by Council Member Curlin, that the matter be continued to the Mayor and Council meeting of April 7, 1997. The substitute motion carried by the following vote: Council Members Curlin, Arias, Devlin, Anderson, Miller. Council Members Negrete, Oberhelman. Absent: None. Ayes: Nays: RECESS MEETING At 10:55 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:00 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk following being present: Mayor Minor; Council Curlin, Arias, Oberhelman, Devlin, Anderson, Assistant City Attorney Carlyle, Deputy City Director of Planning and Building Services Hays. Cordova with the Members Negrete, Miller; Senior Clerk Cordova, Absent: None. DIRECT PREPARATION BY STAFF - GENERAL PLAN AMENDMENT _ DEVELOPMENT CODE AMENDMENT - CENTRAL CITY SOUTH PLAN AREA - BETWEEN RIALTO AVENUE, "E" STREET, INLAND CENTER DRIVE & 1-215 (27) Council Member Arias submitted a Staff Report dated February 28, 1997, recommending that the Mayor and Council direct staff to prepare a general plan amendment and development code amendment to allow drive-through restaurants in the Central City South Plan Area. Michael Hays, Director of Planning and Building Services, explained that this action was initiated by Council Member Arias to permit The Mad Greek restaurant, located on the west side of "E" Street north of Mill Street, to construct a drive-through in order to be competitive with the restaurants directly across the street and next door which already have drive-throughs. Director Hays explained that although there are drive-throughs to the east and south, when the general plan was adopted in 1991 the location of this restaurant was excluded because it is part of the Central City South Plan Area, which was to be more of a commercial destination type area. 11 3/17/1997 Council questioned whether a designation change could be accomplished for this one restaurant without having to expand the designation all the way to Rialto Street. Staff suggested that the Council might want to consider a land use designation change where there are existing facilities, which would also accommodate this request. Discussion ensued regarding the number of parcels which would be covered by such a land use designation change, and Director Hays stated he would need to review the matter in order to make an informed recommendation. Council Member Curlin made a motion, seconded by Council Member Oberhelman, that the matter be continued to the Mayor and Council meeting of April 7, 1997. The motion carried by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Council Members Arias, Anderson. Absent: None. Ayes: Miller. Council Nays: DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED At 11:13 a.m., Director of Planning and Building Services Hays left the Council meeting and was replaced by Acting City Administrator Wilson. RES. 97-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF PROJECTS FOR 1998/2005 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM TO SAN BERNARDINO ASSOCIATED GOVERNMENTS. (16) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-84 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 97-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A FISCAL YEAR 1995/96 CLAIM WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR $51,652.00 OF TRANSPORTATION DEVELOPMENT ACT (TDA) , ARTICLE 3 FL~DS, FOR INSTALLATION OF SIDEWALK ON BASE LINE STREET. (17) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-85 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, 12 3/17/1997 RES. 97-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 13200 ENTITLED, IN PART, "A RESOLUTION... DESIGNATING CERTAIN STREET INTERSECTIONS WHERE AN OFFICIAL TRAFFIC CONTROL SIGNAL IS REQUIRED...; AND AUTHORIZING THE REMOVAL OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF "E" STREET AND SEVENTH STREET. (18) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-86 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH R. J. MULLINS & ASSOCIATES, RELATIVE TO THE DEVELOPMENT OF AN ALIGNMENT FOR CONSTRUCTION OF STATE STREET, FROM RANCHO AVENUE TO 15TH STREET. (19) Council Member Oberhelman questioned why the City would pay an additional $8,400 for title reports, when we have already paid $16,000 to R. J. Mullins & Associates for their services. He asked how many parcels were involved and stated that it might be cheaper to go to a title company for said reports. Roger Hardgrave, Director of Public Works/City Engineer, stated that this project involves approximately one and one-half miles and a large number of parcels. He stated that he was comfortable with the cost factor; that this was not an inflated price. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-87 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FIFTY MILE PER HOUR SPEED LIMIT ON HALLMARK PARKWAY/INDUSTRIAL PARKWAY BETWEEN UNIVERSITY PARKWAY AND PALM AVENUE. First (20) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. 13 3/17/1997 APPROVE AMICUS ASSISTANCE LEAGUE OF CALIFORNIA CITIES TWO APPELLATE CASES FROM CITY ATTORNEY'S OFFICE (21) City Attorney Penman submitted a Staff Report dated March 10, 1997, recommending that the City join in amicus briefs in two appellate cases from the League of California Cities. Mr. Penman explained the circumstances of the two cases and why it was important for the City to participate in amicus assistance. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the City Attorney's Office be directed to provide amicus assistance on two appellate cases from the League of California Cities, as noted on the Staff Report from City Attorney Penman dated March 10, 1997. RECEIVE & FILE - MID-YEAR BUDGET REVIEW - FISCAL YEAR 1996/1997 - FINANCE DEPARTMENT (22) Barbara Pachon, Director of Finance, submitted a Staff Report dated March 11, 1997, regarding the mid-year budget review for fiscal year 1996-1997. Director Pachon noted that the fiscal year 1996-1997 mid-year budget report had been approved by the Ways and Means Committee. Council Member Devlin made a mo:cion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council receive and file the fiscal year 1996/97 mid-year budget report; and that the Mayor and Common Council instruct the Director of Personnel to meet with the "miscellaneous" employee bargaining units to discuss the following: Two (2) years additional service credit to PERS members who retire during a designated period if a mandatory transfer, layoff, or demotion is imminent and specific PERS requirements are met. (This benefit is also known as the "golden handshake".) RES. 97-88 - RESOLUTION OF THE C:TY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ALLSTAR FIRE EQUIPMENT INC., FOR THE PURCHASE AND DELIVERY OF TURNOUT SAFETY CLOTHING FOR STRUCTURAL FIREFIGHTING TO BE UTILIZED BY THE FIRE DEPARTMENT IN ACCORDANCE WITH SELECTED SOURCE PURCHASING PROCEDURES. (23) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 97-88 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 14 3/17/1997 APPROVE ADDITIONAL FUNDING - $10,000 - COMPLETE UTILITY SERVICES INSTALLATION SAN BERNARDINO INTERNATIONAL AIRPORT RECREATION FACILITIES INCREASE BUDGET ACCORDINGLY (24) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated February 26, 1997, regarding approval of an additional $10,000 of Park Construction Funds for the completion of the installation of utility services at the recreation facilities at the San Bernardino International Airport. Council Member Oberhelman stated he would abstain from voting because this matter involves his employer. Council Member Devlin made a motion, seconded by Council Member Anderson, that an additional $10,000 of Park Construction Funds be approved for completing the installation of utility services at the recreation facilities at the San Bernardino International Airport (Project No. 243-363-5504-7081); and that the budget be increased accordingly. The motion Members Negrete, None. Abstain: carried Curlin, Council by the Arias I Member following vote: Ayes: Devlin, Anderson, Miller. Oberhelman. Absent: None. Council Nays: RES. 97-89 - 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 ?RIOR COUNCIL ACTIONS. (25) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-89 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF...," TO ESTABLISH A NO PARKING ANY TIME/TOW AWAY ZONE ON CITRUS STREET FROM VICTORIA AVENUE TO ROADRUNNER COURT. (Continued from March 3, 1997) (26) Note: The resolution was not available at the time of printing; therefore, it is not included in the backup for review. 15 3/17/1997 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of April 7, 1997. (Note: Al though Council Member Arias was present, she did not register a vote.) POLITICAL REFORM ACT - CONFLICTS OF INTEREST - ADVICE/ INFORMATION - CITY ATTORNEY PENMAN (Sl) City Attorney Penman submitted a Staff Report dated March 12, 1997, regarding conflicts of interest and the individual responsibility placed on the Mayor, Council Members, and members of City boards, bureaus, committees and commissions. City Attorney Penman provided a synopsis of the requirements of the Political Reform Act as they apply to the Council Members and City boards, bureaus, committees, and commissions. There was no further action taken on this matter. RECESS MEETING At 11:50 a.m., Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Deputy City Clerk Cordova, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Miller. COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:02 p.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/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. ,~ 16 3/17/1997 NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. CONSOLIDATED PLAN - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - AMEND SECOND YEAR PLAN - REALLOCATE PROJECTS - AUTHORIZE EXECUTION - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS (R5) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated March 12, 1997, recommending that the Mayor and Council authorize the execution of Community Development Block Grant funding agreements with those agencies approved under the Amended Second Year Plan approved by the Mayor and Council on October 21, 1996. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated Plan and authorize and direct the execution of a Community Development Block Grant (CDBG) Funding Agreement between the City of San Bernardino and the corresponding agencies. COUNCIL MEMBER MILLER RETURNED At 2:11 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 97-90 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD REQUESTING TO JOIN THE RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) PROGRAM THROUGH THE REDESIGNATION OF THE AGUA MANSA RMDZ. (R9) Timothy Steinhaus, Economic Development Agency Administrator, explained that this is a recruiting tool which would allow the City to attract businesses into the area. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 17 3/17/1997 Resolution No. 97-90 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. At this time the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Communi ty ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 2:31 p.m., Economic Development Agency Administrator Steinhaus left the Council meeting and was replaced by Acting City Administrator Wilson. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 2: 31 p. m., Economic Development Agency Special Counsel Sabo left the Council meeting. PERSONNEL ACTION - APPROVE APPOINTMENT - PROGRAM DIRECTOR (EMERGENCY MEDICAL SERVICE) - FIRE DEPARTMENT (S5) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Ruth Grubb to the position of Program Director (Emergency Medical Transport) be approved. RES. 97-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15777- 1, LOCATED ON THE SOUTHEAST CORNER OF RICHARDSON STREET AND COULSTON STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFOR~~CE SPECIFIED. (AS1) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-91 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RECESS MEETING At 2:36 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 2:40 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. 18 3/17/1997 ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Cordova, Acting City Administrator Wilson. Absent: Council Member Curlin. AUTHORIZE HIRING OF LAW FIRM - MARGOLIS & MARGOLIS STRIMPEL VERSUS CITY ATTORNEY PENMAN (NE1) Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter arose subsequent to the posting of the agenda. City Attorney Penman explained that Mr. Strimpel had filed a lawsuit against him which he had just received, and he requested that the Council approve hiring the law firm of Margolis & Margolis to represent him. He stated that the fee would be $225 per hour, and the Council could stipulate a cap amount to be paid. Mayor Minor questioned whether City Attorney Penman should choose his own attorney or whether the Council should choose the attorney. Special Counsel Sabo explained that it is important that the defendant have a good rapport with his attorney and it was not inappropriate for Mr. Penman to select his own attorney. The Council asked whether a lawsuit had been filed against Deputy City Attorney Empeno also and, if so, should they include his representation by the law firm of Margolis & Margolis also. City Attorney Penman stated that he did not know whether a suit had been filed against Deputy City Attorney Empeno; however, he recommended that the Council authorize representation for Mr. Empeno also, if in fact this would be the case. Further discussion ensued where it was noted that the action to be taken would merely authorize representation; it would not include any indemnification. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that authorization be given to hire the law firm of Margolis and Margolis, 2000 Riverside Drive, Los Angeles, CA, to represent City Attorney Penman in the lawsuit filed against him by Donald Strimpel, to include representation of Deputy City Attorney Empeno if a complaint is also filed against Mr. Empeno, in a not-to-exceed amount of $2,000. 19 3/17/1997 RECESS MEETING - CLOSED SESSION the meeting - pages 1 << 5) (Discussed earlier in (1) At 2: 51 Development following: p.m., the Commission Mayor and Common Council and recessed to closed session Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Revnaldo Perez vs. Citv of San Bernardino San Bernardino Municipal Court Case No. SBCI 29138; Kathleen Revnolds vs. Citv of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 33562. CLOSED SESSION At 2:51 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ~ ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, Deputy City Clerk Cordova, Acting City Administrator Wilson. Absent: Council Members Curlin, Miller. Also present: Senior Assistant City Attorney Simmons. CITY ATTORNEY PENMAN EXCUSED At 2:55 p.m., City Attorney Penman left the closed session. ADJOURN CLOSED SESSION At 3: 01 p. m., the closed session adjourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. RECONVENE MEETING At 3: 01 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. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; Ci:cy Attorney Penman, Deputy City Clerk Cordova, Acting City Administrator Wilson. Absent: Council Members Curlin, Miller. 20 3/17/1997 STATUS REPORT - LITIGATION & PROSECUTIONS - CITY ATTORNEY PENMAN (S2) City Attorney Penman submitted a Staff Report dated March 13, 1997, regarding the status of litigation and prosecutions in the City Attorney's Office. City Attorney Penman presented a synopsis of litigation and prosecutions being handled by the City Attorney's Office. He stated that two items which may have an impact on the City are at- will employee lawsuits and special circumstances surrounding certain cases. Mr. Penman noted that as a result of using fewer outside attorneys, the City Attorney's Office has realized a substantial savings, which will be reflected in next year's budget. There was no further action taken on this matter. AUTHORIZE TRANSFER - $82,000 - FROM GENERAL FUND (CITY ATTORNEY: LITIGATION - OUTSIDE ATTORNEYS ACCOUNT) TO SPECIAL ASSESSMENTS FUND (COMMUNITY FACILITIES DISTRICT 995) - LOAN FROM CITY TO CFD 995 - FUND PARTIAL PAYMENT _ WORK PERFORMED BY ATTORNEY TIM SABO ON BEHALF OF DISTRICT (S3) City Attorney Penman submitted a Staff Report dated March 12, 1997, regarding the transfer of $82,000 from the City Attorney's Outside Attorney Account to Public Works, as a loan from the City, to pay for part of the $97,895.20 bill for work performed by Attorney Tim Sabo on Mello-Roos district work. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the transfer of $82,000 from Line Item #001-051-5503 (City Attorney: Litigation- Outside Attorneys) to Line Item #251-673-5505 (Public Works-Mello- Roos District, referred to as CFD 995) be approved as a loan from the City to the Mello-Roos District to partially fund payment to the law firm of Sabo and Green for work performed on behalf of the Mello-Roos District. Interest shall accrue at a rate determined by the local Agency Investment Fund with repayment to be made as funds become available. RECESS MEETING At 3:24 p.m., Mayor Minor stated that the meeting of the Mayor and Common Council would recess until 12 noon, Tuesday, March 18, 1997, in the Council Chambers of City Hall, to discuss Agenda Item No. 1. RECONVENE MEETING At 12: 00 p. m., Tuesday, March 18, 1997, Mayor Minor reconvened the recessed regular meeting of the Mayor and Common Council in the Council Chambers of City Hall. 21 3/17/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Curlin, Arias. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 << 5) (1) At 12:00 p.m., the Mayor and Common Council recessed to closed session for the following: Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz. et al. vs. James F. Penman. et al. United States District Court Case No. CV 91-5757 CBM (JRx) . B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. CLOSED SESSION At 12:00 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Curlin, Arias. Also present: Senior Assistant City Attorneys Carlyle and Simmons and Administrative Operations Supervisor Margaret Scroggin, City Attorney's Office; and Attorney Joseph Arias of MacLachlan, Burford and Arias, 560 East Hospitality Lane, San Bernardino, CA. LEGAL SECRETARY ANDERSON ARRIVED At 12:06 p.m., Legal Secretary Anderson arrived at the closed session. 22 3/17/1997 CLOSED SESSION/MEETING ADJOURNMENT (28) At 12 :26 p.m. , the closed session/recessed regular meeting of the Mayor and Common Council was adjourned. The next joint regular meeting will be held at 8 : 00 a.m. , Monday, April 7, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By L,4� Lnda Hartzel Deputy City Clerk No. of Items : 38 No. of Hours : 5 . 75 23 3/17/1997