HomeMy WebLinkAbout09-15-1997 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 15, 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 8:06 a.m., Monday, September 15,
1997, 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 Minor; Council Members Negrete, Oberhelman,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Curlin, Arias,
Devlin.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
DK Mechanics Contractors, Inc., et al. vs. Colima Investments,
et al. - San Bernardino County Superior Court Case No. SCV
27168.
RECESS MEETING - CLOSED SESSION
meeting - pages 10 & 19)
At 8:06 a.m., the Mayor and
Development Commission recessed
following:
Common Council and
to closed session
(Discussed later in the
(1)
Community
for the
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a)
Tomas Armendariz, et al. vs. James F. Penman, et al.
United States District Court Case No. 91-5757 CBM (JRx);
Tomas Armendariz, et al. vs. James F. Penman, et al.
San Bernardino County Supericr Court Case No. 271093.
B.
Conference with legal counsel
significant exposure to
subdivision (b) of Government
- anticipated litigation -
litigation pursuant to
Code Section 54956.9.
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9/15/1997
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 5495G.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 5495~.
CLOSED SESSION
At 8:06 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 Cler~ Clark with the following
being present: Mayor Minor; Council Members Negrete, Oberhelman,
Anderson, Miller; City Attorney Penma:1, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Curlin, Arias,
Devlin.
Also present: Senior Assistant City Attorney Simmons, Deputy
City Attorney Empeno, and Administrative Operations Supervisor
Anderson, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular and supplemental
agendas of the community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority/San Bernardino Associated
Communities Financing Authority and Mayor and Common Council while
the Mayor and Council and Community Development Commission were in
closed session.
COUNCIL MEMBERS ARIAS & CURLIN ARRIVED
At 8:10 a.m., Council Members Arias and Curlin arrived at the
closed session.
ADJOURN CLOSED SESSION
At 8:16 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:05 a.m., Mayor Minor reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardir:o.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Negrete, Arias,
Oberhelman, Anderson, Miller; Senior Assistant City Attorney
Carlyle, City Clerk Clark, City Administrator Wilson. Absent:
Council Members Curlin, Devlin.
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9/15/1997
.
INVOCATION
The invocation was given by Reverend Kendall C. Baker, First
Congregational Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Anderson.
APPOINTMENT - COUNCIL MEMBER ANDERSON - ALTERNATE MEMBER
- SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT ADVISORY
COMMISSION ON WATER POLICY - MAYOR MINOR (S3)
Mayor Minor submitted a Staff Report dated September 9, 1997,
requesting the appointment of Council Member Anderson, replacing
Council Member Negrete, as an alternate member of the San
Bernardino Valley Municipal Water District Advisory Commission on
Water Policy.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the appointment of
Council Member Anderson, replacing Council Member Negrete, as an
alternate member of the San Bernardino Valley Municipal Water
District Advisory Commission on Water Folicy, be approved.
CERTIFICATE OF RECOGNITION - STAMPEDE BASEBALL TEAM -
WINNER OF DIVISION CHAMPIONSHIP (3)
J. Lorraine Velarde, Executive Assistant to the Mayor,
presented a Certificate of Recognitior: to the Stampede baseball
team, recognizing them for winning the Division Championship.
Jason Watson, Stampede General Manager, accepted the
certificate on behalf of the Stampede crganization.
UPDATE - USED OIL COLLECTION PROG~AM - PUBLIC SERVICES
DEPARTMENT (3)
James Howell, Director of Public Services, presented an update
on the City's used oil collection program and introduced Linda
Ceballos, Environmental proj ects Assistant, Public Services
Department. Ms. Ceballos explained the Public Awareness Program,
introduced City-created "Trash Cat Masterson," and announced that
the State had agreed to fund the purchase of a 1941 vintage truck
for oil pickup, and anyone interested in this service should call
1-BOO-OIL-DROP.
COUNCIL MEMBER CURLIN RETURNED
At 9:12 a.m., Council Member Curlin returned to the Council
meeting and took his place at the Council table.
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9/15/1997
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
Leon Gagnon
Edy Rose
David Rose
Timothy Crocker
Johnnie Macias
Kenneth Peary
Thomas Steig
Noah Cox
City Clerk's Office
Finance
Fire
Police
Police
Police
Police
Public Works/Engineering
25-year pin
35-year pin
10-year pin
5-year pin
5-year pin
5-year pin
5-year pin
25-year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENTS - COUNCIL MEMBER NECRETE
(4)
Council Member Negrete invited the surrounding communities and
residents of San Bernardino to come and enjoy the Route 66
Rendezvous and weekend concert series.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin commented on the early rains that helped
to extinguish the fire in Running Springs and commended all
candidates running for the Mayor and Ccuncil seats.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias sent special greetings to the Hispanic
community in recognition of Mexican Heritage Week and Mexican
Independence Day; and encouraged peop:e to attend the Route 66
Rendezvous and concert series.
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman commended the Mayor and staff on the
fact that the stadium had turned a profit for the City, as reported
in The Sun newspaper.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson announced that there would be a Walk
for Health at the Anne Shirrell Park located in the 1300 block of
California Street, to be held September 27 from 9:00 a.m. to 1:00
p.m.
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9/15/1997
.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that sign-up forms could be
obtained from the City Clerk's Office for the Juvenile Diabetes
Foundation "Walk for the Cure," to be held at 9:00 a.m., Saturday,
October 4, at Glen Helen Park.
PUBLIC COMMENTS - SUSAN HARTMAN-ROGERS
(5)
Susan Hartman-Rogers, a citizen of San Bernardino, commented
on her volunteer work in the city, her problem with alcoholism, and
the need for emergency help for welfare families in the city.
PUBLIC COMMENTS - SUSAN LIEN
(5)
Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA, stated
that the City Charter is a living document, and a courageous and
principled approach should be used to study it.
PUBLIC COMMENTS - RUBEN LOPEZ
(5)
Ruben Lopez, 631 West 16th Street, San Bernardino, CA, stated
that conflict of interest is rampant in San Bernardino; and
encouraged people to make informed decisions In the upcoming
election. He complimented the Mayor and some of the Council
Members for doing an excellent job.
PUBLIC COMMENTS - JAMES MULVIHILL
(5)
James Mulvihill, Professor of Urban Planning at California
State University, San Bernardino, expressed concern regarding the
proposed lake in San Bernardino. He stated that there are a lot of
concerns centered around blight; however, if you eliminate the
buildings without doing anything for tLe population living there,
it merely displaces the problem to other parts of the city.
PUBLIC COMMENTS - BOB NEVES
(5)
Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
expressed resentment of the huge podium; stated that he was sending
a document to the Department of Justice adding to his previous
complaint relative to accessibility at the San Bernardino Stadium
(especially access to the team level); and noted that 27 curbside
handicap parking spaces have been eliminated throughout the city.
He requested that the matter of handicap parking spaces be placed
on an upcoming agenda in order to allow for public comments.
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9/15/1997
PUBLIC COMMENTS - BILL ROGERS
(5)
Bill Rogers, 1482 East Davidson Street, San Bernardino, CA,
commented on previous actions taken by City Attorney Penman on
several issues and urged the City Attorney to assume responsibility
for his own actions.
PUBLIC COMMENTS - ESTHER ESTRADA
(5)
Esther Estrada, representing Casa Ramona senior complex,
protested how the Economic Development Agency had applied $300,000
that the senior complex had recently paid on their loan and
requested a meeting with the Mayor, the chair of the Redevelopment
Committee, the Administrator of the Economic Development Agency,
and Special Counsel Sabo to resolve the matter. Ms. Estrada also
requested an itemized accounting of every dime the agency has spent
and received on this project by date, source, and balance showing.
PUBLIC COMMENTS - COUNCIL MEMBER CURLIN
(5)
Council Member Curlin, speaking from the podium, finished
reading the letter from the Museum of Tolerance, which he had begun
reading at the Council meeting of September 2, regarding the Jackie
Robinson exhibit recently displayed at the San Bernardino Stadium.
PUBLIC COMMENTS - CITY ATTORNEY PENMAN
(5)
City Attorney Penman, 221 East Marshall Boulevard, San
Bernardino, CA, speaking from the podium, commented on the meetings
that had recently been held at the Feldr.eym Library in an effort to
promote the idea that the City Attorney position be appointed by
the Council rather than elected by the people. He stated that he
had attended a couple of the meetings and was very disappointed at
the lack of knowledge and the misinformation being disseminated.
COUNCIL MINUTES
(7)
Council Member Negrete made a motion, seconded by Council
Member Arias, 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: July
7, 1997; July 14, 1997; August 4, 1997.
ORD. MC-1002 AN ORDINANCE OF THE CITY OF
BERNARDINO, CALIFORNIA, ADDING CHAPTER 3.80 TO THE
OF SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A
RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS.
Final
SAN
CITY
COST
(10)
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9/15/1997
Council Member Negrete made a motion, seconded by Council
Member Arias, that said ordinance be adopted.
Ordinance No. MC-1002
Ayes: Council Members
Anderson, Miller. Nays:
was adopted by the following vote:
Negrete, Curlin, Arias, Oberhelman,
None. Absente: Council Member Devlin.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that full reading of all
the resolutions and ordinances on the regular and supplemental
agendas of the Mayor and Common Council be waived.
CLAIMS AND PAYROLL
(8)
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 September 9, 1997, from Barbara Pachon, Finance
Director, be approved.
PERSONNEL ACTIONS
(9)
Council Member Miller made a mo~ion, seconded by Council
Member Negrete, and unanimously carried, that the personnel actions
as submitted by the Chief Examiner dated September 4, 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.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 9:51 a.m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
RES. 97-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES. (Building Abatements) (11)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted; and that the City
Clerk be directed to administratively remove any properties from
Exhibit A which have been paid.
The motion carried, and Resolution No. 97-279 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Anderson, Miller. Nays: None. Absent: Council
Member Devlin.
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9/15/1997
COUNCIL MEMBER CURLIN EXCUSED
At 9: 54 a. m., Council Member Curlin left the Council meeting.
RES. 97-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HNTB
CORPORATION RELATIVE TO THE EXTENSION OF STATE STREET,
FROM RANCHO AVENUE, SOUTH OF FOOTHILL BOULEVARD, TO NINTH
STREET. (12)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
questioned whether curb cuts were inch;ded in this proj ect.
Mayor Minor stated that he had directed the City Engineer to
put in curb ramps.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
No. 97-280 was adopted by the following vote:
Members Negrete, Arias, Oberhelman, Anderson,
None. Absent: Council Members Curlin, Devlin.
RES. 97-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC.,
FOR PAVEMENT REHABILITATION ON TIPPECANOE AVENUE, FROM
HOSPITALITY LANE TO MISSION CREEK. (13)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 97-281 was adopted by the following vote:
Ayes: Council Members Negrete, Arias, Oberhelman, Anderson,
Miller. Nays: None. Absent: Council Members Curlin, Devlin.
RES. 97-282 - 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 NO PARKING FROM 10:00 P.M. TO 6:00 A.M. ON
BELLE STREET, FROM FIFTH STREET TO THE TERMINUS OF BELLE
STREET NORTH OF FIFTH STREET; AND ON SIXTH STREET, FROM
SIERRA WAY TO THE TERMINUS OF SIXTH STREET EAST OF SIERRA
WAY. (18)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-282 was adopted by the following vote:
Ayes: Council Members Negrete, Arias, Oberhelman, Anderson,
Miller. Nays: None. Absent: Council Members Curlin, Devlin.
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9/15/1997
COUNCIL MEMBER CURLIN RETURNED
At 10:01 a.m., Council Member Curlin returned to the Council
meeting and took his place at the Council table.
RES. 97-283 - RESOLUTION
ADOPTING THE FIVE-YEAR
(1998/02) FOR MEASURE "I"
OF THE CITY OF SAN BERNARDINO
CAPITAL IMPROVEMENT PROGRAM
LOCAL EXPENDITURES. (19)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
stated that no where in the capital imp~ovement program did he see
anything addressing accessibility. He stated that even though the
Department of Justice has extended the City's deadline to the year
2005, this document should address what steps the City is taking to
allow for handicap accessibility.
Council Member Negrete made a mction, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-283
Ayes: Council Members
Anderson, Miller. Nays:
was adopted by the following vote:
Negrete, Curlin, Arias, Oberhelman,
None. Absent: Council Member Devlin.
PUBLIC MEETING FORMATION LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT - MILL STREET & DALLAS AVENUE AREA -
ASSESSMENT DISTRICT NO. 1020 - TRACT NO. 15652 (14)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated August 28, 1997, regarding the
formation of the Mill Street and Dallas Avenue Area Landscape
Maintenance Assessment District.
Mayor Minor opened the meeting.
No public comments were received.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the public meeting
relative to the formation of the Mill Street and Dallas Avenue Area
Landscape Maintenance Assessment District, to be known as
Assessment District No. 1020, be closed and protests, if any, be
carried over to the public hearing on October 6, 1997, at 10:00
a.m.
PUBLIC MEETING FORMATION LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT - ELM AVENUE & COULSTON STREET AREA
- ASSESSMENT DISTRICT NO. 1023 - TRACT NO. 15777 (15)
Roger Hardgrave, Director
submitted a Staff Report dated
formation of the Elm Avenue and
Maintenance Assessment District.
of Public Works/City Engineer,
August 28, 1997, regarding the
Coulston Street Area Landscape
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9/15/1997
Mayor Minor opened the meeting.
No public comments were received.
Council Member Arias made a motion, seconded by Council Member
Anderson, and unanimously carried, that the public meeting relative
to the formation of the Elm Avenue and Coulston Street Area
Landscape Maintenance Assessment District, to be known as
Assessment District No. 1023, be closed and protests, if any, be
carried over to the public hearing on October 6, 1997, at 10:00
a.m.
RECESS MEETING - CLOSED SESSION (Discussed earlier &
later in the meeting - pages 1 & 18) (1)
At 10:06 a.m., the Mayor and Common Council recessed to closed
session for the following:
City Attorney Penman advised that the Mayor and Council needed
to adjourn to closed session per Government Code Section
54956.9(b), conference with legal counsel - anticipated litigation
- significant exposure to litigation.
CLOSED SESSION
At 10:06 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 Clark with the following
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: Council Member
Devlin.
Also present: Senior Assistant City Attorney Carlyle and
Deputy City Attorney Coleman, City Attorney's Office.
ADJOURN CLOSED SESSION
At 10:16 a.m., the closed session adjourned
regular meeting of the Mayor and Common Council
Development Commission.
to
and
the joint
Community
RECONVENE MEETING
At 10:16 a.m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator wilson. Absent: Council Member
Devlin.
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9/15/1997
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4039 - 685 EAST SANTA FE STREET - CLEOPAS & YOSIMIEN
CAIN. (Discussed later in the meeting - page 18) (16)
Bill Skiles, Manager of Code Compliance, submitted a Staff
Report dated August 26, 1997, regarding the appeal of the Board of
Building Commissioners' Order No. 4039, relative to property
located at 685 East Santa Fe Street.
Arnie Guillermo, Code Compliance Officer, presented background
information and an overview of previoui3 actions taken relative to
said property.
Mayor Minor opened the hearing.
The appellants were not present a:1d no public comments were
received.
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council deny the appeal and
uphold the order of the Board of Building Commissioners, as
described in Order No. 4039, dated March 14, 1997.
(Note: Council Members Anderson and Curlin subsequently
changed their "yes" votes to "abstenticns"; therefore, the motion
carried by the following vote: Ayes: Council Members Negrete,
Arias, Oberhelman, Miller. Nays: None. Abstain: Council Members
Curlin, Anderson. Absent: Council Men:ber Devlin.)
PUBLIC HEARING - IMPOSE LIENS -
CITY OF SAN BERNARDINO
REGISTRATION FEES
PROPERTY LOCATED WITHIN
lrnCOLLECTED BUSINESS
(17)
City Clerk Clark submitted a Staff Report dated August 28,
1997, regarding the imposition of liens on certain properties
located throughout the city for uncollected business registration
fees.
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-284 - 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. (17)
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9/15/1997
Council Member Arias made a motion, seconded by Council Member
Anderson, 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. 97-284 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Anderson, Miller. Nays: None. Absent: Council
Member Devlin.
AUTHORIZE SUSPENSION OF ASSESSMENTS COSTS OF
MAINTENANCE, OPERATION & SECURITY" CENTRAL CITY PARKING
DISTRICT NO. 947 (ASSESSMENT ROLL TWO) - 1997/98 TAX YEAR
(20)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated June 17, 1997, regarding the
suspension of assessments for Central City parking District No. 947
(Assessment Roll Two) .
Council Member Oberhelman made a ~otion, seconded by Council
Member Miller, and unanimously carried, that the assessments for
the costs of maintenance, operation and security for the Central
City Parking District, and Assessment Roll Two, for the expansion
of facilities, be suspended for the 1997/98 tax year.
ORD. Me-l003 - ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SECTION 2.56.195 TO THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO VOLUNTARY EXPENDITURE CEILING. Final
(21)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said ordinance be adopted.
Ordinance No. MC-1003 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
DISCUSS - DISASTER PREPAREDNESS PLANS - ANTICIPATED "EL
NINO" CONDITIONS - FALL/WINTER 1997-98 (24)
Council Member Oberhelman submitted a Staff Report dated
September 8, 1997, regarding the City's preparation for the
anticipated heavy rains due to the "El Nino" conditions expected
this fall and winter.
Mayor Minor explained that the Clty has been aware of the
potential problems due to the El Nino conditions--particularly in
the Hemlock fire area. He stated that several meetings have been
held in response to a letter from Henry Duro, Head of the Council
of the San Manuel Indian Tribe; that Roger Hardgrave, Director of
12
9/15/1997
Public Works/City Engineer, has continued to follow-up by meeting
with ~he Divisi?n of Forestry and Coucty Flood Control; and City
Admlnlstrator Wllson has called for a meeting on September 29 to
bring everything all together for a final analysis of what the City
needs to do.
Council Member Oberhelman made a motion, seconded by Council
Member Arias, and unanimously carried, that the matter be continued
to the Mayor and Council meeting of October 6, 1997, to include a
presentation of the results of the special meeting scheduled by
City Administrator Wilson for September 29, and adoption of an
action plan.
RES. 97-285 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO A.B.I./V.I.P. IN ACCORDANCE
TO BID SPECIFICATION Q98-047. (26)
City Administrator Wilson explained that said resolution
pertained to out-sourcing police clerical support services as
approved during the fiscal year 1997/98 budget negotiations.
Council Member Oberhelman made a ~otion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-285 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
RES. 97-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO THE WAKENHUT CORPORATION IN
ACCORDANCE TO BID SPECIFICATION Q98-047. (27)
City Administrator Wilson stated that said resolution
pertained to the out-sourcing of the police document imaging
program and would save the City approximately $147,000 this year.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-286 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
COUNCIL MEMBER NEGRETE EXCUSED
At 11:08 a.m., Council Member Negrete left the Council
meeting.
RECEIVE & FILE - REPORT ON OPERATIONAL INITIATIVES
POLICE DEPARTMENT (25)
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9/15/1997
Wayne Harp, Assistant Chief of Police, submitted a Staff
Report dated September 8, 1997, regarding the Police Department
Report on Operational Initiatives.
Assistant Chief Harp presented an overview of the Police
Department Report on Operational Ini tiati ves, highlighting
strategic elements of the report and answering Council's questions
regarding same.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Police
Department Report on Operational Initiatives be received and filed.
RES. 97-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AGREEMENT WITH FOX
OCCUPATIONAL MEDICAL CENTER RELATIKG TO MEDICAL SERVICES.
(28)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No.
Ayes: Council Members
Nays: None. Absent:
97-287 was adopted by the following vote:
Curlin, Arias, Oberhelman, Anderson, Miller.
Council Members Negrete, Devlin.
COUNCIL MEMBER NEGRETE RETURNED
At 11:09 a.m., Council Member Negrete returned to the Council
meeting and took his place at the Council table.
RES. 97-288 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
BOARD OF WATER COMMISSIONERS TO ENTER INTO A
CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT WITH
THE CITY OF LOMA LINDA. (29)
Council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-288 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman,
Anderson, Miller. Nays: None. Absent: Council Member Devlin.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING OFFER TO PURCHASE THAT CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF TENTH STREET,
EAST OF FLORES STREET FROM THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT AND AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT FOR ACQUISITION OF REAL
PROPERTY. (Continued from August 18, 1997) (Discussed
later in the meeting - page 26) (30)
14
9/15/1997
Council Member Oberhelman stated that originally he had two
concerns: 1) lack of an appraisal, and 2) whether an environmental
assessment had been done, since the agreement contained a provision
for indemnification of the school dist,"ict, guaranteeing that we
were selling them clean dirt.
He expressed further concern that he had received only a few
pages of the full appraisal, that there were no dates indicating
when the appraisal was done, that the only thing he did know was
that the appraisal was done at the request of the school district,
not the City.
Mr. Oberhelman noted that the backup did contain a soils
report from John R. Byerly, Inc., dated August 12, 1993; however,
it was not identified as being in reference to this particular
piece of property. He stated that he could not help but wonder
whether the appraisal was done before the soils report, or whether
the soils report was not in reference to the piece of property that
was appraised.
He stated that in his mind there was still some cause for
concern, and if the City was going to sell the property with an
agreement that essentially guaranteed teat the owner represents and
warrants to the best of their knowledge there has been no hazardous
waste, as set forth in Section 12.3 of said agreement, then the
City ought to make sure that this is correct, or remove Section
12.3.
City Attorney Penman stated that it was represented to his
office that the studies had been done, and the results were as
indicated. He added that in actuality the City would be liable
whether the City gave the school dis~_rict a guarantee or not,
because the federal government would hold the City responsible.
Mr. Penman added that if there was some question, or a failure of
documentation to show that the proper studies were done, that
should be explored. However, the information he had was that the
soils study and appraisal were done, and he had no reason to doubt
the word of the party that provided said information.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted. (Note: There
was no vote taken.)
Council Member Anderson expressed agreement with
Member Oberhelman, stating that the report is not complete
Council didn't have all the information necessary to
decision that would be based on fact.
Council
and the
make a
Roger Hardgrave, Director of Public Works/City Engineer, also
pointed out that the City would not incur any new responsibility or
liability by selling the property; in fact, the new buyer could
potentially incur some liability if hazardous waste material were
15
9/15/1997
found. He added that if the City does sell to the school district
that means one more party in the chain c'f title that could be held
responsible for any clean-up costs.
Mr. Hardgrave continued, stating that the agreement is the
standard agreement used by the school district, and the City is
stating that to the best of its knowledge no information is being
withheld. He added that he had no knowledge of any contamination,
and he didn't think anybody else in the City did either.
Director Hardgrave pointed out that the school district is
acquiring a large piece of property--approximately 40 acres--and
the City's piece is only one of several that they are acquiring.
He pointed out that the site survey an:i appraisal were done over
all 40 acres, not just the City's piece.
It was the consensus of the Mayor and Council to discuss this
matter later in the afternoon to enable the City Attorney's Office
to investigate whether any additional information could be found on
this matter.
ACCEPT BIDS - SALE OF CITY PROPERTY - ACCEPT ORAL BIDS -
SOUTHEAST CORNER - OLIVE & OHIO AVENUES (Continued from
September 2, 1997) (Discussed later in the meeting -
page 27) (31)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated September 2, 1997, regarding
acceptance of bids for the sale of City property located at the
southeast corner of Olive Avenue and Ohio Avenue.
Council Member Anderson made
Member Negrete, and unanimously
continued to the Mayor and Council
a motion, seconded
carried, that the
meeting of October
by Council
matter be
6,1997.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the action taken
by the Council to continue Agenda Item No. 31 to October 6, 1997,
be reconsidered, in order to be heard at 3:00 p.m. as scheduled.
REVIEW OPTIONS CONTINUED FARTICIPATION
INDEPENDENT CITIES EXCESS INSURANCE POOL (BICEP)
(Continued from September 2, 1997)
BIG
PROGRAM
(33)
Edward Raya, Director of Risk Management, submitted a Staff
Report dated September 15, 1997, regarding renewal of the City's
excess liability insurance coverage t:lrough the Big Independent
Cities Excess Insurance Pool (BICEP) Program.
16
9/15/1997
City Administrator Wilson explained that at the July 7 Council
meeting the Mayor had asked Mr. Raya to review other options to the
continued participation in the BICEP Program, since the contract
with BICEP was coming up for renewal. He added that Mr. Raya's
recommendation was that the City continue in the BICEP Program.
Timothy Prince, P.O. Box 110, San Bernardino, CA, expressed
concern over the lack of fiscal responsibility within the City,
citing both the ambulance issue and the Armendariz case, and urged
the Council to obtain a full report from BICEP to use as a basis
for any action taken on this matter.
City Attorney Penman took exception to the comments made by
Mr. Prince and responded accordingly, questioning whether Mr.
Prince, who is a candidate in the Mayoral race, is truly interested
in holding the Mayor's position, or whether he had some other
position in mind.
Council Member Miller made a
Member Anderson, that the Mayor and
continued participation in BICEP.
mo::ion, seconded by Council
Common Council authorize the
The motion
Members Arias,
Members Negrete,
carried by the followcng vote:
Oberhelman, Anderson, Miller.
Curlin. Absent: Council Member
Ayes:
Nays:
Devlin.
Council
Council
Although it was the consensus of the Mayor and Council to
discuss Agenda Item Nos. 32, Sl, and S2 in the afternoon, the
following presentation was made at this time to accommodate Mr.
Abarca's schedule.
DISCUSS TAKE ACTION SCHOOL
(Discussed later in the meeting in
Agenda Item Nos. 32 & Sl - page 23)
CROSSING GUARDS
conjunction with
(S2)
Council Member Curlin submitted a Staff Report dated September
9, 1997, regarding possible funding sources for immediate funding
of school crossing guards.
Oscar Abarca, Director of Intergovernmental Affairs, South
Coast Air Quality Management District (SCAQMD), 21865 Copley Drive,
Diamond Bar, CA, made a presentation regarding potential funding
for the crossing guard program through the SCAQMD.
He explained that SCAQMD would be conducting a study to see
whether Assembly Bill 2766 funds could be used for the purpose of
hiring crossing guards. He noted that parents would be encouraged
to walk their children to school, thereby creating a reduction in
emissions; however, there must be quantified emission reduction
benefits in order to use said funds.
17
9/15/1997
Mr. Abarca stated that the study would take approximately one
to two weeks to complete; and asked s~aff to contact him after
discussing the matter later in the afternoon.
COUNCIL MEMBER CURLIN EXCUSED
At 11:43 a.m., Council Member Curlin left the Council meeting.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4039 - 685 EAST SANTA FE STREET - CLEOPAS & YOSIMIEN
CAIN (Discussed earlier in the meeting - page 11) (16)
Council Member Negrete made a motion, seconded by Council
Member Miller, and unanimously carried, that the Council reconsider
their previous action taken that the hi>aring be closed; and that
the Mayor and Common Council deny the appeal and uphold the order
of the Board of Building Commissioners, as described in Order No.
4039, dated March 14, 1997.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the hearing be closed; and that the Mayor and
Common Council deny the appeal and upLold the Board of Building
Commissioners' Order Nos. 4039, dated March 14, 1997, and 4186
dated June 16, 1997; confirm the direct costs of $338.60 from the
City of San Bernardino code enforcement actions; and allow the Code
Compliance Division to initiate action to demolish the structure
and abate the nuisance.
The motion carried by the following
Members Negrete, Arias, Oberhelman, Mil:er.
Council Member Anderson. Absent: Council
vote:
Nays:
Member
Ayes: Council
None. Abstain:
Devlin.
RECESS MEETING
At 11:45 a.m., Mayor Minor recessed the meeting to 2:00 p.m.
in the Council Chambers of City Hall.
RECONVENE MEETING
At 2:04 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 City Clerk Clark with the following
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Anderson, Miller; Senior Assistant City Attorney
Carlyle, Economic Development Agency Special Counsel Sabo, City
Clerk Clark, Economic Development Agency Administrator Steinhaus.
Absent: Council Member Devlin.
18
9/15/1997
RECESS MEETING - CLOSED SESSION
the meeting - pages 1 & 10)
At 2:04 p.m., the Mayor and
Development Commission recessed
following:
Common Council and
to closed session
(Discussed earlier in
(1)
Community
for the
Pursuant to Government Code Section:
B.
Conference with legal counsel
significant exposure to
subdivision (b) of Government.
- anticipated litigation -
litigation pursuant to
Code Section 54956.9.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Anderson, Miller; Senior Assistant City Attorney
Carlyle, Economic Development Agency Special Counsel Sabo, City
Clerk Clark, Economic Development Agency Administrator Steinhaus.
Absent: Council Member Devlin.
Also present: City Attorney Penman; and Development Director
Winkler and Special Counsel Green, Economic Development Agency.
COUNCIL MEMBER DEVLIN ARRIVED
At 2:15 p.m., Council Member Devlin arrived at the closed
session.
ECONOMIC DEVELOPMENT AGENCY DEVELOPMENT DIRECTOR WINKLER
& SPECIAL COUNSEL GREEN EXCUSED
At 2: 29 p. m., Economic Development Agency Development Director
Winkler and Special Counsel Green left the closed session.
ASSISTANT TO THE MAYOR SALVADOR ARRIVED
At 2:30 p.m., Assistant to the Mayor Salvador arrived at the
closed session.
CITY ATTORNEY PENMAN EXCUSED
At 2:32 p.m., City Attorney Penman left the closed session.
CITY ATTORNEY PENMAN RETURNED
At 2: 46 p. m., City Attorney PenIT.an returned to the closed
session.
ADJOURN CLOSED SESSION
At 2:48 p.m., the closed session adjourned
regular meeting of the Mayor and Common Council
Development Commission.
to the joint
and Community
RECONVENE MEETING
At 2:48 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.
19
9/15/1997
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Devlin, Anderson, Mi~ler; Senior Assistant City
Attorney Carlyle, Economic Development Agency Special Counsel Sabo,
City Clerk Clark, Economic Development Agency Administrator
Steinhaus. Absent: None.
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 2:48 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 Associ.ated Communities Financing
Authority and Mayor and Common Council to order.
NOTE: Community Development Comm,ssion items which requlre
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 Curlin, and unanimously carried, that full reading of the
resolutions on the regular and supplemental agendas of the
Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority/San Bernardino Associated Communities Financing
Authority and Mayor and Common Council be waived.
APPROVE PLAN NO. 9600 & EXPENDITURE OF FUNDS - $26,000 -
INSTALL LANDSCAPING & IRRIGATION FACILITIES - NORTH PARK
BOULEVARD MEDIAN - WEST OF UNIVERSITY PARKWAY - AUTHORIZE
ADVERTISEMENT FOR BIDS (R4)
Roger Hardgrave, Director of Public
submitted a Staff Report dated March
installation of landscaping in the Nortr.park
of University Parkway.
Works/City Engineer,
18, 1997, regarding
Boulevard median, west
Council Member Oberhelman made a rlotion, seconded by Council
Member Curlin, and unanimously carried, that the expenditure of
$26,000 from San Bernardino Associated Community Financing
Authority bond issuance fees to finance the cost for installation
of landscaping and irrigation facilities in the Northpark Boulevard
median, west of University Parkway, be approved; and that the plans
for installation of landscaping and irrigation facilities in the
20
9/15/1997
Northpark Boulevard median, west of University Parkway, in
accordance with Plan No. 9600, be approved; and that the Director
of Public Works/City Engineer be authorozed to advertise for bids.
PUBLIC HEARING - FIRST AMENDMENT - ~HIRD YEAR ACTION PLAN
1995/1999 CONSOLIDATED PLAN HOME INVESTMENT
PARTNERSHIP ACT - UNITED STATES DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT (HUD) (RG)
Ronald E. Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated September 10, 1997,
regarding adoption of a first amendment to the fiscal year
1997/1998 third year action plan component of the Consolidated
Plan.
Mayor Minor opened the hearing.
Development Director Winkler eXplained the rationale for re-
programming a portion of the HOME funds in the Third Year Action
Plan in order to rehabilitate and rent to Section 8 tenants, 28
units acquired from the United States Department of Housing and
Urban Development.
Nelson Brown, 2083 East 17th Street, San Bernardino, CA, Vice
President of the San Gorgonio Neighborhood Association, explained
that residents living close to the Arden/Guthrie area are concerned
with anything having to do with said area. He stated that anything
which serves to return the area to apartments will just create a
recurrence of past problems and requested that the association be
kept apprised of any actions taken.
RES. 97-289 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN FIRST
AMENDMENT TO THE THIRD YEAR ACTION PLAN COMPONENT OF THE
1995/1999 CONSOLIDATED PLAN IN CONNECTION WITH THE HOME
INVESTMENT PARTNERSHIP ACT GRANT PROGRAM. (RG)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that the Mayor and Common Council approve and
adopt staff's recommendation to amend the HOME Investment
Partnership Act funded projects in the FY 1997/1998 Third Year
Action Plan and authorize the Mayor to submit these projects as a
part of the amended Action plan component of the Consolidated Plan
to the United States Department of Hou~'ing and Urban Development;
and that said resolution be adopted.
The motion carried, and Resolutioc
the following vote: Ayes: Counci~
Oberhelman, Devlin, Anderson, Miller.
Curlin. Absent: None.
No. 97-289 was adopted by
Members Negrete, Arias,
Nays: Council Member
21
9/15/1997
PUBLIC HEARING FOURTH YEAR ACTION PLAN - 1995/1999
CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS - HOME INVESTMENT PARTNERSHIP ACT (HOME)
FUNDS EMERGENCY SHELTER GRANT (ESG) FUNDS - UNITED
STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD)
(R7)
Ronald E. Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated September 10, 1997,
regarding the fourth year action plan co~ponent of the Consolidated
Plan.
Mayor Minor opened the hearing.
Frank Smith, 3934 North Lugo #7, San Bernardino, CA, stated
that the building at 1979 North "E" Street has been made into a
youth center, serving kids up through their high school years. The
center is dedicated to strengthening the homes and families,
keeping the kids off the streets, and helping them develop good
moral and social characters.
David S. You, 1595 Hardt Street, San Bernardino, CA, stated
that he has been involved in a program for Cambodian children and
youth from kindergarten through high school for five years. He is
currently teaching the kids outdoors and has a critical need for a
trailer so he can teach inside. Mr. You thanked Police Chief Dean,
Sergeants Anderson and Imoto, and Lieutenant Farmer for all their
help in police Area E.
Penny Nickell, Highland Senior Center, 3102 East Highland
Avenue, San Bernardino, CA, stated that the center is currently a
recipient of Community Development Block Grant funds and requested
continued funding for their program.
Candy Stallings, Sexual Assault Services, 536-C West 11th
Street, San Bernardino, CA, asked that: funds be considered for
victims of violent crime.
Council Member Anderson made a motion, seconded by Council
Member Negrete, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council accept the comments
and views of residents, public agencies, and other interested
parties on the housing and community needs to be addressed in the
fourth year action plan for the 1998/1999 program year of the
Consolidated Plan.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC
DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED
At 3: 09 p. m., Senior Assistant City Attorney Carlyle and
Economic Development Agency Special Counsel Sabo left the Council
meeting and were replaced by City Attorney Penman.
22
9/15/1997
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR
EXCUSED
At 3:09 p.m., Economic Development
Steinhaus left the Council meeting and
Administrator Wilson.
STEINHAUS
Agency Administrator
was replaced by City
DISCUSS - TAKE ACTION - SCHOOL CROSSING GUARDS (Item No.
32 continued from September 2, 1997) (Discussed earlier
in the meeting - page 17) (32, 81, 82)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY JOBS AND
EMPLOYMENT SERVICES DEPARTMENT GAIN DIVISION AND THE CITY
OF SAN BERNARDINO. (81)
Lee Dean, Chief of Police, submitted a memorandum dated
September 9, 1997, outlining his concerns relative to utilizing
GAIN participants as crossing guards.
Mayor Minor
to the Council:
interim funding.
stated that three options appear to be available
1) fund the City's share, 2) do not fund, or 3)
Council Member Curlin pointed oc:t that there was another
option available--using funds from the pool provided by Assembly
Bill 2766 (AB 2766), which would be at no cost to the City. He
added that the idea to utilize GAIN participants was well
intentioned; however, there would not only be a time delay, but
other problems which would need to be resolved.
Discussion ensued regarding the urgent need to find at least
interim funding so the crossing guards could be at the schools
immediately, the pros and cons of utilizing GAIN participants,
possible use of Assembly Bill 2766 monies, the time it would take
to launch the GAIN program versus using AB 2766 funds, and the
City's liability factor.
City Attorney Penman pointed out that the City is in a
critical situation. He stated that although there is a certain
moral obligation, legally speaking, the City does not have an
obligation to provide crossing guards. He added that all
California cities have complete immunity if they don't provide
crossing guards; however, once they decide to do so, they are then
liable.
Mr. Penman stated that when he met with GAIN program staff
they had implied that the City would be dealing with individuals
who are only temporarily on welfare, ~herefore more responsible
than the stereotypical welfare recipien~. However, by law the GAIN
23
9/15/1997
Program must push these people to continue interviewing for full-
time work, which would create a high turnover rate; therefore, he
had suggested that they have an additional pool of GAIN
participants trained and ready to step in.
However, when he spoke with Police Chief Dean regarding what
provisions he normally uses to cover absent crossing guards, the
Chief had indicated he uses the Community Service Representatives
to go out and direct traffic when a crossing guard is ill. When
asked if he could do the same thing for this program, the Chief
stated that he could not--that he just did not have the personnel
to cover that many absences. Mr. Pen~an stated that this would
definitely create a liability problem for the City. He also
pointed out that under the GAIN program, you cannot use GAIN
employees in positions where employees have been laid off.
City Administrator Wilson stated that staff had identified two
sources of funding; therefore, he recommended that the Council use
the quickest method possible and begin by using the previous
crossing guards, who are already trained and ready to go.
COUNCIL MEMBER ANDERSON
At 3:26 p.m., Council
meeting.
EXCUSED
Member
A:1derson
left
the
Council
Dr. Elsa Valdez, 748 West Dover Drive, San Bernardino, CA,
commented on the funding options and urged the Council to take
action this date to immediately get the crossing guards in place.
Timothy Prince, P.O. Box 110, San Bernardino, CA, stated that
the City was in a reactionary mode to a crisis situation; and added
that the City needs to pursue a long-ter~ agreement with the school
district in order to avoid a crisis from coming up time and time
again.
Frank Schnetz, 1635 Hampshire Road, San Bernardino, CA, urged
the Council to support the GAIN concept.
Keith Lee, Director of the San Bernardino County Jobs and
Employment Services Department, 1467 Lake Placid, San Bernardino,
CA, stated that he was there to offer his department's assistance;
that they didn't want to get in the way of other offers of help,
but wanted to provide whatever support they could. Mr. Lee did
acknowledge that the GAIN participants would be encouraged to find
full-time employment.
Felix D'Amico, 2840 Sterling Avenue, San Bernardino, CA,
pointed out that the crossing guard positions are only part-time
and would not constitute training for a life-time career. He
advocated that the City bring back the people who are already
trained and pursue Assembly Bill 2766 funding through the South
Coast Air Quality Management District \SCAQMD).
24
9/15/1997
Mayor Minor gave an executive directive to City Administrator
Wilson to begin immediately to contact !:he City's former crossing
guards and bring them back as quickly as possible. He stated that
the funding would come from Police Department salary savings while
waiting for a report back from the South Coast Air Quality
Management District on whether or not they can provide funding.
The Mayor continued, stating that if said funding becomes
available, the monies used from the Police Department salary
savings would be replaced in the General Fund and the crossing
guards would continue to be funded by SCAQMD. However, if said
funding is not available, the City will continue to fund the
crossing guards from Police Department salary savings. In the
interim, he asked that GAIN Program staff continue to work with the
City Attorney's Office to study what kind of interaction is
possible between GAIN and the City for next year's budget.
Council Member Negrete made a motion, seconded by Council
Member Curlin, and unanimously carried, that the City Administrator
be directed to follow through with the executive order issued by
Mayor Minor to immediately bring back the previous crossing guards
using funding from Police Department salary savings, said funds to
be replaced if the South Coast Air Quality Management District
approves use of Assembly Bill 2766 :'unds; and that the City
Attorney's Office continue investigating the use of GAIN Program
participants for the crossing guard program next year.
CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON EXCUSED
At 3: 58 p. m., City Attorney Penrr.an and City Administrator
Wilson left the Council meeting and were replaced by Senior
Assistant City Attorney Carlyle and Economic Development Agency
Administrator Steinhaus, respectively.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED
At 3:58 p.m., Economic Development Agency Special Counsel Sabo
returned to the Council meeting.
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 this time, the Mayor and Council, acting as the Community
Development Commission, took action on Community Development
Commission items.
COUNCIL MEMBER ANDERSON RETURNED
At 5:02 p.m., Council Member Anderson returned to the Council
meeting and took her place at the Council table.
COUNCIL MEMBER CURLIN EXCUSED
At 5:05 p.m., Council Member Curli~ left the Council meeting.
25
9/15/1997
RES. 97-290 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1
TO A CERTAIN LOAN AGREEMENT WITH THE SAN BERNARDINO
INTERNATIONAL AIRPORT AUTHORITY AND MEMBERS OF SAID
AUTHORITY AND REAFFIRMING CERTAIN OBLIGATIONS INCURRED BY
THE CITY OF SAN BERNARDINO PURSUANT TO A JOINT POWERS
AGREEMENT ESTABLISHING THE SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY. (RS2)
Council Member Devlin made a mo::ion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 97-290 was adopted by the following vote:
Ayes: Council Members Negrete, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: Council Member Curlin.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE, ECONOMIC
DEVELOPMENT AGENCY SPECIAL COUNSEL SABO & ECONOMIC
DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED
At 5:35 p.m., Senior Assistant City Attorney Carlyle, Economic
Development Agency Special Counsel Sabo, and Economic Development
Agency Administrator Steinhaus left the Council meeting.
CITY ATTORNEY PENMAN & CITY ADMINISTRATOR WILSON RETURNED
At 5: 35 p. m., City Attorney Penman and City Administrator
Wilson returned to the Council meeting.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING OFFER TO PURCHASE THAT CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF TENTH STREET,
EAST OF FLORES STREET FROM THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT AND AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT FOR ACQUISITION OF REAL
PROPERTY. (Continued from August 18, 1997) (Discussed
earlier in the meeting - page 14) (30)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that the matter be continued to the Mayor and
Council meeting of October 6, 1997.
The motion carried by the following vote:
Members Negrete, Arias, Oberhelman, Devlin, Miller.
Member Anderson. Absent: Council Member Curlin.
Ayes:
Nays:
Council
Council
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 TO LIMIT THE
SPEAKING TIME OF COUNCIL MEMBERS AND DESIGNATED OTHERS TO
3 MINUTES UNTIL THE MAYOR AND ALL OTHER COUNCIL MEMBERS
AND DESIGNATED OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK.
(22)
26
9/15/1997
DISCUSS REPEAL RESOLUTION THREE MINUTE SPEAKING
LIMITATION FOR COUNCIL MEMBERS - COUNCIL MEMBER CURLIN
(23)
Council Member Curlin submitted a Staff Report dated September
8, 1997, regarding the three-minute limitation on Council Members
comments.
Mayor Minor stated that he originally thought the time limit
would apply only to the announcements at the beginning of the
meeting. He added that it was very difficult for the City Clerk to
perform the other demands of her job at the dais and constantly be
worried about timing everyone.
Discussion ensued regarding the intent of the resolution, the
interpretation of the resolution, and how satisfied the Council was
with the results. Several of the Council Members expressed
satisfaction with the speaking limitation and did not want to go
back to the "old way of doing business."
City Attorney Penman stated that he was not sure the wording
of the resolution Was what Council Member Devlin had intended; that
the way it was written, there can be no extension of the first
three minutes. He added that it may be inconsistent with other
Council rules, which are also adopted by resolution. Mr. Penman
also expressed support for City Clerk Clark and the added burden of
tracking everyone's speaking time.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the City Attorney be
directed to bring back a refined resolution which addresses the
problems and concerns discussed by the Council, yet preserves the
original intent of the three-minute speaking time limit for Council
Members and others seated at the dais; and that the matter be
continued to the Mayor and Council meeting of October 6, 1997.
COUNCIL MEMBER NEGRETE EXCUSED
At 5 :44 p.m., Council Member Negrete left the Council meeting.
ACCEPT BIDS - SALE
SOUTHEAST CORNER -
September 2, 1997)
page 16)
OF CITY PROPERTY - ACCEPT ORAL BIDS -
OLIVE & OHIO AVENUES (Continued from
(Discussed earlier in the meeting -
(31)
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of October 6, 1997.
27
9/15/1997
ADJOURNMENT (34)
At 5:45 p.m., the joint regular meeting adjourned. The next
regular meeting will be held at 8:00 a.m., Monday, October 6, 1997,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK
City Clerk
By
~~J
inda Hartzel
Deputy City Clerk
No. of Items: 42
No. of Hours: 7.5
28
9/15/1997