HomeMy WebLinkAbout11-03-1997 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMEN~ COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 3, 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 7:59 a.m., Monday, November 3,
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 Curlin, Arias,
Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark,
Ci ty Administrator Wilson. Absent: Council Members Negrete,
Anderson.
RECESS MEETING - CLOSED SESSION - (Discussed later in the
meeting - page 15) (1)
At 8:00 a.m., the Mayor and Common Council and Community
-- Development Commission 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):
Kenneth J.
Aqency of
Bernardino
Henderson. et al. vs. Economic Development
the City of San Bernardino. et al. San
Superior Court Case No. SCV 38695;
Edward Rudolph vs. City of San Bernardino - Worker's
Compensation Appeals Board Case Nos. SBR 0239398, SBR
213192, 244394, 251986 and 212717;
City of San Bernardino Hotel/Motel Association vs. Citv
of San Bernardino - Fourth District Court of Appeals Case
No. E017944.
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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11/3/1997
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9: one.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
1. Aoency Neootiator:
Barbara Dillon, Director of Personnel
Employee Oroanization:
San Bernardino Public
(SBPEA), General Unit.
Employees'
Association
2. Aoency Neootiator:
Fred Wilson, City Administrator
Employee Oroanization:
Fire Safety Management
3. Aoency Neootiator:
Fred Wilson, City Administrator
Employee Oroanization:
San Bernardino Confidential
Association (SBCMA), Management
Unit.
and
and
Management
Confidential
CLOSED SESSION
At 8:00 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; Counci 1 Members Curlin, Arias,
Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Council Members Negrete,
Anderson.
Also present: Senior Assistant City Attorney Simmons, Deputy
City Attorney Murad, Edna Anderson, Administrative Operations
Supervisor, City Attorney's Office; Director of Risk Management
Raya and Special Counsel Janet Rice Kuntz of Mark, Bolson, Kuntz
and Serembe, 600 N. Arrowhead Avenue, Suite 215, San Bernardino,
CA.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the
resolutions and ordinances on the regular and
titles of all the
supplemental agendas
2
11/3/1997
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.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
ARRIVED
At 8:03 a.m., Economic Development Agency Administrator
Steinhaus arrived at the closed session.
DIRECTOR OF RISK MANAGEMENT RAYA & SPECIAL COUNSEL KUNTZ
EXCUSED
At 8:03 a.m., Director of Risk Management Raya and Special
Counsel Kuntz left the closed session.
ECONOMIC
EXCUSED
At 8:06
Steinhaus left
DEVELOPMENT AGENCY ADMINISTRATOR
STEINHAUS
a.m., Economic Development Agency
the closed session.
Administrator
CONSULTANT DONALD MAYNOR ARRIVED
At 8: 11 a. m., Municipal Resource Consultant Donald Maynor
arrived at the closed session.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS & DEPUTY CITY
ATTORNEY MURAD EXCUSED
At 8:37 a.m., Senior Assistant :::ity Attorney Simmons and
Deputy City Attorney Murad left the closed session.
CONSULTANT DONALD MAYNOR EXCUSED
At 8:37 a.m., Municipal Resource Consultant Donald Maynor left
the closed session.
DIRECTOR OF PERSONNEL DILLON ARRIVED
At 8: 39 a. m., Director of Personnel Dillon arrived at the
closed session.
ADJOURN CLOSED SESSION
At 8:49 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:06 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
being present:
was taken by City Clerk Clark with the following
Mayor Minor; Council Members Curlin, Arias,
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11/3/1997
Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark,
City Administrator wilson. Absent: Council Members Negrete,
Anderson.
INVOCATION
The invocation was given by Jorge Carlos, Executive Assistant
to the Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Curlin.
APPOINTMENTS
(2)
There were no appointments at this meeting.
PROCLAMATION KEY CLUB WEEK
NOVEMBER 2-8, 1997
CITY HIGH SCHOOLS
(3)
J. Lorraine Velarde, Executive Asslstant to the Mayor, read a
resolution proclaiming the week of November 2-8, 1997 as "Key Club
Week" within the City of San Bernardino.
Donna Conant, Cajon High School Teacher, accepted the
proclamation and introduced several students from the various local
high schools who explained the many events sponsored by their key
clubs.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin encouraged the residents to vote in
tomorrow's election for city officials and to consider the merits
rather than the ethnicity of each candidate.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias advocated the importance
reminded the residents that she is still collecting
old christmas cards for a christmas party to be held
Park.
of yoting and
shoe boxes and
at Lytle Creek
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman stated t~at a disaster preparedness
meeting was held in the north end on October 30, 1997, and
complimented city staff for their professionalism. He also
announced that two weeks from now the final Vipers game will be
held and encouraged attendance.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark reminded everyone to vote and stated that the
election results can be found at the County of San Bernardino's
4
11/3/1997
Registrar of Voters Office web page and will be televised via CATV
3. She further stated that telephones in the City Clerk's Office
will be staffed from 7:00 a.m. to 8:00 p.m. to address any election
related calls.
PUBLIC COMMENTS - RUBEN LOPEZ
(5)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA,
encouraged the residents to vote and presented his view of the
actions surrounding the failure of Measure S, an extension of
Assessment District No. 994 which provided funds for police and
added additional funds for fire personnel.
PUBLIC COMMENTS - ELVIRA GALLARDO
(5)
Elvira Gallardo, a resident of Colton, encouraged the voters
to vote and make a difference.
PUBLIC COMMENTS - BOB HOLCOMB
(5)
Bob Holcomb, 3702 Hemlock Drive, San Bernardino, CA,
an impartial analysis of City Attorney Penman's
contributions and commented on the negative election
disseminated to the residents of the city.
provided
campaign
material
PUBLIC COMMENTS - HOWELL ESTES
(5)
Howell Estes, Committee for Integrity in San Bernardino City
Government, encouraged the residents to vote.
PUBLIC COMMENTS - ESTHER ESTRADA
(5)
Esther Estrada, 531 N. Tia Juana Street, San Bernardino, CA,
clarified statements made relative to Cas a Ramona, Inc.
PUBLIC COMMENTS - COUNCIL MEMBER CURLIN
(5)
Council Member Curlin, speaking from the podium, commended the
candidates running in the municipal election to be held on November
4, 1997.
COUNCIL MEMBER CURLIN EXCUSED
At 9: 56 a. m., Council Member Curlin left the council meeting.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Arias, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council be waived.
5
11/3/1997
COUNCIL MINUTES
(7)
Council Member Oberhelman 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
21, 1997; August 18, 1997.
CLAIMS & PAYROLL
(8)
Council Member Oberhelman made a ~otion, seconded by Council
Member Arias, and unanimously carried, that the claims and payroll
and the authorization to issue warrants as listed on the memorandum
dated October 27, 1997, from the Director of Finance be approved.
PERSONNEL ACTIONS
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Arias, and unanimously carried, that the personnel actions
as submitted by the Chief Examiner dated October 24, 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.
RES. 97-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO AWARD A CONTRACT TO
AMTECH ELEVATOR SERVICES FOR ELEVATOR MODERNIZATION AND
ADA COMPLIANCE OF CITY HALL ELEVATORS IN ACCORDANCE WITH
REQUEST SPECIFICATION F 98-15. (10)
RES. 97-331 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF TWO (2) SEPARATE CONTRACTS BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO FOR (1)
EQUIPMENT AND USER ACCESS INTO THE NATIONAL LAW
ENFORCEMENT AND CALIFORNIA LAW ENFORCEMENT
TELECOMMUNICATION SYSTEMS (NLETS & CLETS); AND (2)
EQUIPMENT AND USER ACCESS INTO THE SHERIFF'S DEPARTMENT
CENTRAL NAME INDEX (CNI). (11)
RES. 97-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PACIFIC
BELL MOBILE SERVICES. NORTH WEST CORNER SECOND STREET
AND MERIDIAN AVENUE (A PORTION OF NICHOLSON PARK). (12)
RES. 97-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO THE
AGREEMENT FOR PROFESSIONAL SERVICES WITH HNTB CORPORATION
RELATIVE TO THE DESIGN OF STATE STREET, BETWEEN FOOTHILL
BOULEVARD AND SIXTEENTH STREET. (15)
6
11/3/1997
Council Member Oberhelman made a motion, seconded by Council
Member Arias, that said resolutions be adopted.
Resolution Nos. 97-330, 97-331, 97-332 and 97-333 were adopted
by the following vote: Ayes: Council Members Arias, Oberhelman,
Devlin, Miller. Nays: None. Absent: Council Members Negrete,
Curlin, Anderson.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BE~WEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERNARDINO SHERIFF'S
SEARCH AND RESCUE. (13)
Note: The backup material was not distributed and will not be
available for reference.
Council Member Oberhelman made a motion, seconded
Member Miller, and unanimously carried, that the
continued to the Mayor and Council meeting of November
by Council
matter be
17, 1997.
RES. 97-334
AWARDING A
INC. , FOR
LOCATIONS.
- RESOLUTION OF THE CITY OF SAN BERNARDINO
CONTRACT TO WILL MASONOVICH CONSTRUCTION,
IMPROVEMENTS TO SEWER SYSTEM AT VARIOUS
(14)
Director of Public Works/City Engineer Hardgrave answered
questions regarding the bids received.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Ayes:
None.
Resolution No. 97 - 3 34 was adopted by the following
Council Members Arias, Oberhelman, Devlin, Miller.
Absent: Council Members Negrete, Curlin, Anderson.
vote:
Nays:
RES. 97-335 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMCAST
CABLEVISION, INC., FOR THE ACQUISITION OF A CEMENT BLOCK
BUILDING LOCATED AT 464 NORTH TIA JUANA STREET (NUNEZ
PARK) . (16)
Council Member Oberhelman made a notion, seconded by Council
Member Devlin, that said resolution be adopted.
Ayes:
None.
Resolution No. 97-335 was adopted by the following
Council Members Arias, Oberhelman, Devlin, Miller.
Absent: Council Members Negrete, Curlin, Anderson.
vote:
Nays:
RES. 97-336 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK
CULTURE FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM
THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1997/98. (17)
7
11/3/1997
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that direct funding in the amount of $4,162 and
indirect funding in the amount of $20,087 be transferred from the
1997/98 Civic and Promotion Fund to various city departmental
accounts in the amounts listed in the Staff Report from City
Administrator Fred Wilson dated October 23, 1997, to cover their
costs for personnel and equipment to assist with the 1998 Black
History Week activities, as recommended by the Ways and Means
Committee; and that said resolution be adopted.
The motion carried and Resolution No. 97-336 was adopted by
the following vote: Ayes: Council ~lembers Arias, Oberhelman,
Devlin, Miller. Nays: None. Absent: Council Members Negrete,
Curlin, Anderson.
FINANCIAL ASSISTANCE - $32,251 - CIVIC & PROMOTION FUND -
1998 4TH OF JULY CELEBRATION SECCOMBE LAKE PARK -
PARKS, RECREATION AND COMMUNITY SERVICES (18)
Annie
Services,
concerning
Ramos, Director of Parks, Recreation and
submitted a Staff Report dated October
the 1998 4th of July celebration.
Community
28, 1997,
Council Member Arias made a motion. seconded by Council Member
Miller, and unanimously carried, that the recommendation of the
Ways and Means Committee for funding assistance in the amount of
$32,251 to cover costs connected with the 1998 4th of July
celebration at Seccombe Lake Park be approved.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4263 - 5395 N. GENEVIEVE - DAVID & LISA DUNCAN (19)
Linda Lowry, Interim Director of Code Compliance, submitted a
Staff Report dated October 22, 1997, concerning the property
located at 5395 N. Genevieve.
City Attorney Penman explained that the notice for the hearing
did not contain the pertinent data. Hence, the matter should be
referred back to the Board of Building Commissioners.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be referred
back to the Board of Building Commissioners.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4197 - 363 W. 13TH STREET - ABDUL R. SIMJEE (20)
Linda Lowry, Interim Director of Code Compliance, submitted a
Staff Report dated October 22, 1997, concerning the property
located at 363 W. 13th Street.
Mayor Minor opened the hearing.
8
11/3/1997
Doug Leeper, Code Compliance Officer, provided a synopsis of
the action taken relative to the property located at 363 W. 13th
Street and answered question relative to such.
Curtis Acres, realtor representing Mr. Cooper, explained that
since they are not in legal possession of the property, their hands
are tied. He stated that their intentions are to conyert the
property for residential Use.
Council Member Arias 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. 4197, dated June 16, 1997.
PUBLIC HEARING - ADOPT 1994 MODEL (STATE) BUILDING CODES
& AMENDMENTS - CHAPTER 15 - SAN BERNARDINO MUNICIPAL CODE
(SBMC) (21)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated October 21, 1997, concerning the
adoption of the 1994 Model (State) Building Codes and Amendments.
Mayor Minor opened the hearing.
Director Hays explained that the codes are minimal standards
established by the state; however, the city may adopt more
stringent requirements. He also provided a synopsis of the
revisions.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 15.04.020, 15.04.070, 15.04.075, 15.04.077,
15.04.080, 15.04.100, 15.04.114, 15.04.120, 15.04.125,
15.04.130,15.04.133,15.04.163,15.04.165,15.04.167,
15.04.175, 15.04.177, 15.04.179, 15.04.220, 15.04.221,
15.04.222, 15.04.223, REPEALING SECTIONS 15.04.076,
15.04.112, AND ADDING SECTIONS 15.04.065, 15.04.084,
15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119 OF
THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE
UNIFORM BUILDING CODE, 1994 EDITION, THE UNIFORM BUILDING
CODE STANDARDS, 1994 EDITION, THE UNIFORM HOUSING CODE,
1994 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1991
EDITION, THE UNIFORM BUILDING SECURITY CODE, 1994
EDITION, THE UNIFORM MECHANICAL CODE, 1994 EDITION, THE
UNIFORM PLUMBING CODE, 1994 EDITION, THE UNIFORM SWIMMING
POOL SPA AND HOT TUB CODE, 1994 EDITION, THE NATIONAL
ELECTRICAL CODE, 1993 EDITION, THE UNIFORM CODE FOR SOLAR
ENERGY INSTALLATIONS, 1994 EDITIOK, THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, NFPA
99C STANDARD ON GAS AND VACUUM SYSTEMS, 1996 EDITION, AND
AMENDMENTS THEREON. First (21)
9
11/3/1997
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed;
and that said ordinance be laid over for final adoption.
PUBLIC HEARING - RATIFY - CITIZENS' OPTION FOR PUBLIC
SAFETY (COPS) - EXPENDITURE PLAN - FISCAL YEAR 1997/98
(22)
Police Chief Lee Dean submitted a Staff Report dated October
13, 1997, concerning the fiscal year 1997/98 expenditure plan for
the use of Citizens' Option for Public Safety (COPS) grant funds.
Mayor Minor opened the hearing.
Police Lieutenant Bob Curtis provided an overview of the
expendi ture plan for fiscal year 1997/98 and answered questions
concerning the disaster response vehicles.
Council expressed concern regarding the quality of the utility
vehicles versus their intended use.
Council Member Miller made a motion, seconded by Council
Member Arias, and unanimously carried, that the matter be referred
to the Ways and Means Committee.
RES. 97-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT AND GRANT DEED RELATIVE TO THE SALE OF CITY
PROPERTY LOCATED AT 1505 NORTH WATERMAN AVENUE. (23)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Director of Public Works/City Engineer be
directed and authorized to do all things necessary, including but
not limited to the execution of escrow instructions, to complete
the sale of city property located at 1505 North Waterman Avenue;
that said resolution be adopted; and that the Director of Finance
be directed to amend the fiscal year 1997/98 budget to reflect the
additional revenue in the amount of $c09,500, minus the closing
costs, from the sale of property located at 1505 North Waterman
Avenue.
The motion carried and Resolution No. 97-337 was adopted by
the following vote: Ayes: Council Members Arias, Oberhelman,
Devlin, Miller. Nays: None. Absent: Council Members Negrete,
Curlin, Anderson.
AUTHORIZE STAFF TO PROCEED - SALE OF CITY PROPERTY -
NORTHEAST OF 1-215 FREEWAY, NORTHWEST OF LITTLE LEAGUE
DRIVE - SURPLUS PROPERTY - ENCUMBRANCE NTE $10,000 (24)
Roger
submitted
Hardgrave, Director
a Staff Report dated
of Public
October
Works/City
23,1997,
Engineer,
requesting
10
11/3/1997
authorization to proceed with the sale of city property located
northeast of the 1-215 Freeway, northwest of Little League Drive.
Council Member Devlin made a mot_ion, seconded by Council
Member Oberhelman, and unanimously carried, that the Director of
Public Works/City Engineer be authorized to proceed with the sale
of city property, generally located northeast of the 1-215 Freeway,
northwest of Little League Drive, which is hereby declared surplus
and do all things necessary according to established procedures
incidental to the sale of said property and payment for appraisal
services and title report not to exceed $10,000 is hereby
authorized.
TRANSFER OF FUNDS - $20,000 -
PREPARATION - REALIGNMENT OF
STREET
ENVIRONMENTAL REVIEW & PLAN
INLAND CENTER DRIVE TO MILL
(25)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 21, 1997, concerning the
realignment of Inland Center Drive to Mill Street.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the transfer of
$20,000, from Account No. 126-369-5504-7052, "Del Rosa Avenue at
Route 30 - Restripe for Additional Lane," to Account No. 126-369-
5504-7113, "Realignment of Inland Center Drive to Mill Street," be
approved; to provide funds for environmental review and preparation
of plans.
WAIVE FEES $3,484.69
ASSOCIATION (YMCA) 20TH
PARADE - DECEMBER 6, 1997
YOUNG MEN'S
ANNUAL CHILDREN'S
CHRISTIAN
CHRISTMAS
(26)
Fred Wilson,
dated October 28,
Association's 20th
City Administrator, submitted a Staff Report
1997, concerning the Young Men's Christian
Annual Children's Christmas Parade.
City Administrator Wilson explained that the matter was
referred to the Ways and Means Committee and the Staff Report dated
October 28, 1997 reflects the revised cost of services.
Council Member Miller made a mo~ion, seconded by Council
Member Devlin, and unanimously carried, that the request for waiver
of fees in the amount of $3,484.69 for the Young Men's Christian
Association's 20th Annual Childrens Parade on December 6, 1997, be
denied.
RES. 97-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE
AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL
EXAMINATIONS FOR THE POLICE DEPARTMENT. (27)
11
11/3/1997
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Concern was expressed relative to the length of the contract.
Council Member Miller made a substitute motion, seconded by
Council Member Oberhelman, that said resolution be adopted; and
that staff be directed to go out for a request for proposals to
conduct psychological examinations for the Police Department
beginning April 1, 1998.
The substitute motion carried and Resolution No. 97-338 was
adopted by the following vote: Ayes: Council Members Arias,
Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members
Negrete, Curlin, Anderson.
AUTHORIZE - FISCAL YEAR 1996/97 CON~INUING APPROPRIATIONS
& ENCUMBRANCE CARRYOVERS (28)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated October 23, 1997, concerning the fiscal year 1996/97
continuing appropriations and encumbrar.ce carryovers.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Staff Report dated
October 23, 1997 of proposed fiscal year 1996/97 continuing
appropriations and encumbrance carryovers as submitted by the
Director of Finance be approved.
AUTHORIZE
TRANSFER OF
CONTRACT
FISCAL
$20,400
YEAR 1997/98 BUDGET AMENDMENT
SERVICE DESK CLERK EMPLOYEES
(29)
Police Chief Lee Dean submitted a Staff Report dated October
14, 1997, concerning a fiscal year 1997/98 budget amendment for the
service desk clerk employees contract.
Council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor and Common
Council authorize the Director of Finance to amend the fiscal year
1997/98 budget and transfer $20,400 from Part-Time Dispatch
Salaries (001-221-5014) to Contractual Services (001-221-5505)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL
CODE ENTITLED WASTEWATER FACILITIES TO REVISE INDUSTRIAL
LIMITS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE
COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS
AND TO MAKE VARIOUS TECHNICAL CORRECTIONS. First (30)
12
11/3/1997
Stacey Alstadt, Deputy General Manager, Water Department,
eXplained the changes being made to the existing ordinance.
council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, that said ordinance be laid
over for final adoption.
STATUS REPORT - WASTE DISPOSAL AGREEMENT - NEGOTIATIONS -
RESPONSE TO NORCAL PROPOSAL - (Continued from October 6,
1997) (31)
James R. Howell, Director of Public Services, submitted a
Staff Report dated October 29, 1997, concerning the status on the
negotiations for the establishment of a waste disposal agreement.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the status report be
received and filed; and that the matter be continued to the Mayor
and Council meeting of November 17, 1997.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.16.060 OF THE SAN BERNARDINO MUNICIPAL CODE GRANTING
POLICE POWERS TO CERTAIN MEMBERS OF THE FIRE DEPARTMENT.
First (Sl)
City Attorney Penman explained that our Municipal Code needs
~ to be amended to be in accordance with an opinion issued by the
Attorney General's Office.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that said ordinance be laid
over for final adoption.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND
ADDING CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO TRANSIENT LODGING TAX. First (S2)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE VOTERS A BALLOT MEASURE
RELATING TO THE CITY'S TRANSIENT LODGING TAX. (S3)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CALLING A GENERAL MUNICIPAL ELECTION TO
SUBMIT TO THE ELECTORS FOR THEIR APPROVAL A BALLOT
MEASURE RELATING TO THE CITY'S TRANSIENT LODGING TAX.
(S4)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION 97-199 AND SUBMITTING
TO THE VOTERS A BALLOT MEASURE RELATING TO THE CITY'S
SERVICE USERS TAX. (S5)
13
11/3/1997
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 97-200 AND
CALLING A GENERAL MUNICIPAL ELECTION TO SUBMIT TO THE
ELECTORS FOR THEIR APPROVAL A BALLOT MEASURE RELATING TO
THE CITY'S SERVICE USERS TAX. (S6)
Note: Backup material was not provided for Items 52, 53 and
S4 and will not be available for reference.
Council Member Oberhelman made a motion, seconded by Council
Member Arias, and unanimously carried, that said resolutions and
ordinance be continued to 1:00 p.m., Thursday, November 6, 1997, in
the Council Chambers of City Hall.
RECESS MEETING
At 10:57 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:08 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
being present: Mayor Minor; Council Members
Devlin, Miller; Deputy City Attorney Empeno,
Planning and Building Services Director Hays.
Members Negrete, Curlin, Anderson.
with the following
Arias, Oberhelman,
City Clerk Clark,
Absent: Council
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 97-03 -
AMEND CHAPTER 19.22, SECTION 19.22.030 & TABLE 022.01 -
PERMIT SECONDARY SIGNAGE - SPECIFIED COMMERCIAL USES -
NIX CHECK CASHING (32)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated October 16, 1997, concerning
Development Code Amendment No. 97-03 to permit secondary signage
within specified commercial uses.
Mayor Minor opened the hearing.
Director Hays provided a synopsis of the action taken relative
to Development Code Amendment No. 97-03.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.22, SECTION 19.22.030 AND SECTION 19.22.160,
TABLE 022.01 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) TO ADD NEW DEFINITIONS FOR SECONDARY
SIGNAGE AND TO ADD SPECIFIC STANDARDS FOR THE ABOVE
LISTED USES. First (32)
14
11/3/1997
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the hearing be
closed; and that the ordinance which approves Development Code
Amendment No. 97-03, be laid over for final adoption based on the
findings of fact attached to the Staff Report dated October 16,
1997, from Michael Hays, Director of Planning and Building
Services.
DEPUTY CITY ATTORNEY EMPENO & P:'ANNING AND BUILDING
SERVICES DIRECTOR HAYS EXCUSED
At 11:12 a.m., Deputy City Attorney Empeno and Planning and
Building Services Director Hays left the council meeting and were
replaced by City Attorney Penman and City Administrator Wilson,
respectively.
RECESS MEETING - CLOSED SESSION -
the meeting - page 1)
At 11:12 a.m., the Mayor and
Deyelopment Commission recessed
following:
Common Council and
to closed session
(Discussed earlier in
(1)
Community
for the
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
.-
Kenneth J.
Aqency of
Bernardino
Henderson. et al. vs. Economic Development
the City of San Bernardino. et al. San
Superior Court Case No. SCV 38695;
Edward Rudolph vs. City of San Bernardino - Worker's
Compensation Appeals Board Case Nos. SBR 0239398, SBR
213192, 244394, 251986 and 212717;
City of San Bernardino Hotel/Motel Association vs. City
of San Bernardino - Fourth District Court of Appeals Case
No. E017944.
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: one.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
15
11/3/1997
1. Aqency Neootiator:
Barbara Dillon, Director of Personnel
Employee Oroanization:
San Bernardino Public
(SBPEA), General Unit.
Employees'
Association
2. Aoency Neqotiator:
Fred Wilson, City Administrator
Employee Orqanization:
Fire Safety Management
3. Aqency Neqotiator:
Fred Wilson, City Administrator
Employee Oroanization:
San Bernardino Confidential
Association (SBCMA), Management
Unit.
and
and
Management
Confidential
CLOSED SESSION
At 11: 12 a. m., Mayor Minor called ,~he 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 Arias, Oberhelman,
Devlin, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Negrete, Curlin,
Anderson.
Also present:
Personnel Dillon.
Deputy City Attorney Murad and Director of
ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON ARRIVED
At 11:18 a.m., Administrative Operations Supervisor Anderson
arrived at the closed session.
DEPUTY CITY ATTORNEY MURAD EXCUSED
At 11:19 a.m., Deputy City Attorney Murad left the closed
session.
ADJOURN CLOSED SESSION
At 11:25 a.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 11:26 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.
16
11/3/1997
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Arias, Oberhelman,
Devlin, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Counci~ Members Negrete, Curlin,
Anderson.
APPROVE TRANSFER OF FUNDS - $10,000 - RATIFY ISSUANCE OF
PURCHASE ORDER - EMERGENCY REPAIRS - RETAINING WALL -
SLOPE OF WEST FRONTAGE ROAD TO ROLTE 330 FREEWAY (S7)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 29, 1997, concerning the
emergency repairs conducted on the slope of the west frontage road
to the Route 330 Freeway.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the transfer of
$10,000 from Account No. 126-369-5504-7008, "40th Street/Third to
Acre Lane Widening," to Account No. 126-369-5504-7114, "Emergency
Repairs - Slope, West Frontage Road," be approved; and that the
issuance of a purchase order for construction of a retaining wall,
as a part of the emergency repairs to the slope of the west
frontage road for the Route 330 Freeway, north of Highland Avenue,
be ratified.
-- RECESS MEETING
At 11:26 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 2:04 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 Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller; Senior Assistant City
Attorney Carlyle and Economic Development Agency Special Counsel
Sabo, City Clerk Clark, Economic Development Agency Administrator
Steinhaus. Absent: Council Member Negrete.
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 2:04 p.m., Chairman Minor called to order the joint regular
meeting of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
17
11/3/1997
Joint Powers Financing Authority/San Bernardino Associated
Communities Financing Authority and Mayor and Common Council.
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
(R2)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, 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.
COMMITTEE MEMBERS - NORTHWEST PROJECT AREA COMMITTEE -
(RS1)
Rachel G. Clark, City Clerk, submitted a Staff Report dated
October 29, 1997, concerning the membership of the Northwest
Project Area Committee.
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council approve the removal of Spencer Brown from the
Northwest Project Area Committee and the addition of Johnny
Robinson as a duly elected member of ~he Northwest Project Area
Committee based on the Staff Report dated October 29, 1997, from
City Clerk Rachel G. Clark.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
EXCUSED
At 3:40 p.m., Economic Development Agency Administrator
Steinhaus left the council meeting and was replaced by Planning and
Building Services Director Hays.
ECONOMIC DEVELOPMENT AGENCY SPECIA~ COUNSEL SABO EXCUSED
At 3: 40 p. m., Economic Development Agency Special Counsel Sabo
left the council meeting.
APPEAL HEARING - PLANNING COMMISSION & DEVELOPMENT REVIEW
COMMITTEE'S APPROVAL - DEVELOPMENT PERMIT TYPE II NO. 97-
13 500 INLAND CENTER DRIVE CENTRAL CITY
COMPANY/CAROUSEL MALL (33)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated October 23, 1997, concerning
18 11/3/1997
Development Permit Type II No. 97-13 for the Inland Center Mall
Expansion Project.
Mayor Minor explained that the appellant had requested a
continuance date to a date certain after November 5, 1997. Hence,
this meeting would be adjourned to 1:00 p.m., November 6, 1997, in
the Council Chambers of City Hall.
Council Member Anderson made a motion, seconded by Council
Member Miller, that the matter be continued to 1:00 p.m., November
6, 1997, in the Council Chambers of City Hall.
The motion carried by the following vote: Ayes:
Members Arias, Devlin, Anderson, Miller. Nays: Council
Curlin, Oberhelman. Absent: Council Member Negrete.
Council
Members
ADJOURNMENT (34)
At 3:46 p.m., the joint regular meeting adjourned to 1:00
p.m., November 6, 1997, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By
T~(;J~
. zanna Cordova
Deputy City Clerk
No. of Items: 43
No. of Hours: 5 hrs & 15 mins
19
11/3/1997