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HomeMy WebLinkAbout11-17-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 17, 1997 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:03 a.m., Monday, November 17, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator wilson. Absent: Council Member Arias. RECESS MEETING - CLOSED SESSION At 8: 03 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1&84) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): EDC Consultants vs. URS Consultants. et al. San Bernardino Superior Court Case No. SCV 30621; Albert Williams vs. City of San Bernardino United States District Court Case No. USDC ED 97-153 KT (VAPx); Albert Robinson vs. City of San Bernardino States District Court Case No. CV 96-2539 MRP United (RMC) ; Kleitz vs. County of San Bernardino. et al. - United States District Court Case No. ED CV 97-209 RT; Saman vs. City of San Bernardino. et al. - United States District Court Case No. CV 93-0448 CBM. B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. 1 11/17/1997 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - 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. Aqency Neootiator: Fred Wilson, City Administrator Employee Oroanization: Fire Safety Management 3. Aqency Neootiator: Fred Wilson, City Administrator Employee Oroanization: San Bernardino Confidential Management Association (SBCMA) CLOSED SESSION At 8:03 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, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator wilson. Absent: Council Member Arias. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Coleman and 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, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San 2 11/17/1997 Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:10 a.m., Deputy City Attorney Empeno left the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:17 a.m., Senior Assistant Citj' Attorney Simmons left the closed session. DIRECTOR OF FINANCE PACHON, DIRECTOR OF PERSONNEL DILLON, & DIRECTOR OF RISK MANAGEMENT RAYA ARRIVED At 8:17 a.m., Director of Finance Pachon, Director of Personnel Dillon, and Director of Risk Management Raya arrived at the closed session. DIRECTOR OF FINANCE PACHON & DIRECTOR OF RISK MANAGEMENT RAYA EXCUSED At 8:29 a.m., Director of Finance Pachon and Director of Risk Management Raya left the closed session. DIRECTOR OF PERSONNEL DILLON EXCUSED At 8:32 a.m., Director of Personnel Dillon left the closed session. ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 8:33 a.m., Assistant City Attor"ey Carlyle left the closed session. ADJOURN CLOSED SESSION At 8:40 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:03 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator wilson. Absent: Council Member Arias. INVOCATION The invocation was given by Reverend Patricio Guillen of Libreria Del Pueblo. 3 11/17/1997 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. APPOINTMENT LAWRENCE A. VERES COMMISSIONERS - COUNCIL MEMBER MILLER BOARD OF FIRE (2A) Mayor Minor submitted a Staff Report dated recommending the appointment of Lawrence A. Broadmoor Boulevard, San Bernardino, CA, to Commissioners, as requested by Council Member November 12, 1997, Veres, 3184 North the Board of Fire Miller. Council Member Oberhelman made a ~otion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Lawrence A. Veres to the Board of Fire Commissioners, as requested by Council Member Miller, be approved. Mr. Veres accepted his certificate of appointment. APPOINTMENT - REYES E. RIOS - HUMAN RELATIONS COMMISSION - COUNCIL MEMBER ARIAS (2B) Mayor Minor submitted a Staff Report dated November 12, recommending the appointment of Reyes E. Rios to the Relations Commission, as requested by Council Member Arias. 1997, Human Mayor Minor announced that Council Member Arias had requested that the matter be tabled. Council Member Curlin made a motion, Member Anderson, and unanimously carried, tabled. seconded that the by Council matter be COMMENDATION - SEYHA VONG, REFUSE DIVISION EMPLOYEE - SERVICE ABOVE & BEYOND THE CALL OF DUTY (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Seyha Vong, a Refuse Division employee, for great courage and perseverance. While performing his duties with the Refuse Division, Mr. Vong rescued a wheelchair-bound man from a swimming pool and administered CPR until help arrived. After emergency personnel arrived and took over the care of the patient, Mr. Vong could be seen performing his regular duties still clad in his water-soaked clothing. Jim Howell, Director of Public Services, presented the commendation to Mr. Vong, and also complimented him on his perfect attendance and accident-free record since being hired by the City five years ago. 4 11/17/1997 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 Robert Lemley Ann Harris Barbara Pachon Millicent Price Christopher DeLaCruz Robert Farro Michael Hamrick David Hecht Cynthia Sanchez Margaret Diamond Theodis Henson, Jr. Maurice Martin Department Economic Development Agency Economic Development Agency Finance Library Police Police Police Police Police Police Police Public Services Years of Service 5-year pin 10-year pin 5-year pin 10-year pin 5-year pin 5-year pin 5-year pin 5-year pin 5-year pin 15-year pin 20-year pin 5-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin welcomed Council Members Negrete and Oberhelman back from the "campaign trail", stating that they had conducted positive and strong campaigns. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that today was Director of Personnel Dillon's last official day with the City; that she had been with the City approximately six and one-half years and would be missed by all. Ms. Dillon thanked the Mayor ar:d Common Council for the opportunity to work with them, commended City Administrator Wilson and other members of the City's managenent team, and acknowledged the various employee organizations she had worked with while serving with the City. ANNOUNCEMENTS - SENIOR ASSISTANT CITY ATTORNEY CARLYLE (4) Senior Assistant City Attorney Carlyle announced that City Attorney Penman was out of town attending a National City Attorneys Conference, which he had scheduled quite some time ago. 5 11/17/1997 PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, urged the Mayor and Council to permit voting by mail for the mayoral runoff election and advocated the establishment of a new tax in San Bernardino. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, a resident of San Bernardino, congratulated the new council members and commented on the American Legion's Veterans Day ceremony and the plight of the homeless. PUBLIC COMMENTS - JEFF MOOREHEAD (5) Jeff Moorehead, CEO, Operation Grace, asked that his organization be considered during the reallocation of Community Development Block Grant funds, which will be taking place in the near future. PUBLIC COMMENTS - ESTHER ESTRADA (5) Esther Estrada, 531 Tia Juana Street, San Bernardino, CA, registered an official protest as to how the recent election had been conducted. She stated that in the First Ward the number of polling places had been reduced from ten to five, which might have prevented people from exercising their voting rights. Ms. Estrada requested a complete report on the cost of the 1993 election, which was conducted by the City versus the cost of contracting with the County. She requested that the matter be agendized for the next Council meeting or that a special committee meeting be held. PUBLIC COMMENTS - W.R. HOLCOMB (5) Former Mayor Bob Holcomb stated that the refuse industry had infiltrated the City Attorney's Office; that Mr. Penman had received over $6,000 from the refuse industry, and of that amount $3,500 had come from Norcal. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1482 East Davidson Street, urged people to exercise their right to vote, candidate of choice might be. San Bernardino, CA, no matter who their PUBLIC COMMENTS - HOUSTON CARLYLE (5) Houston Carlyle, 3750 Fairmeade Road, Pasadena, CA, stated that he knew for a fact that once Mr. Penman became aware that Norcal was involved in the proposal for a refuse contract with the City he had returned all contributions he had received from them this year. 6 11/17/1997 PUBLIC COMMENTS - DR. FREDERICK CURLIN (5) Dr. Curlin thanked all the people who had called him regarding how the last meeting was conducted. He stated that the Council was striving to represent the people in an ethical and human manner. CLAIMS & PAYROLL (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carrled, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 12, 1997, from Barbara Pachon, Director of Finance, be approved. ORD. MC-1007 - 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. (Discussed later in the meeting - page 10) Final (10) ORD. MC-100S - 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. Final (13) ORD. MC-1009 - 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 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, NFPA 99C STANDARD ON GAS AND VACUUM SYSTEMS, 1996 EDITION, AND AMENDMENTS THEREON. Final (14) 7 11/17/1997 RES. 97-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO LOMA LINDA UNIVERSITY MEDICAL CENTER FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F98-16. (15) Me-1D1D - AN ORDINANCE OF THE CI~Y 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. Final (16) RES. 97-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER AT 1633 WEST FIFTH STREET IN SAN BERNARDINO. (17) RES. 97-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A FISCAL YEAR 1996/97 CLAIM WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR $87,432.29 OF TRANSPORTATION DEVELOPMENT ACT (TDA) , ARTICLE 3 FcmDS, FOR CONSTRUCTION OF BICYCLE LANES ON KENDALL DRIVE, FROM FORTIETH STREET TO PALM AVENUE. (18) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that further reading of the ordinances and resolutions be waived and that said ordinances and resolutions be adopted. Ordinance Nos. MC-1007, MC-1008, MC-1009, and MC-1010 and Resolution Nos. 97-341, 97-342, and 97-343 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RESOLUTION OF THE CITY OF SAN CONTRACT TO GUZMAN CONSTRUCTION STORM DRAIN, FROM MILL STREET CHESTNUT STREET AND MACY STREET. meeting - page 24) BERNARDINO AWARDING A FOR CONSTRUCTION OF A AND RANCHO AVENUE TO (Discussed later in the (19) 8 11/17/1997 Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the transfer of $149,000, from Account No. 248-368-3405, "Unappropriated Reserve," to Account No. 248-368-5504-7079, "Storm Drain - Mill Street from Rancho Avenue to Iris Street, H be approved; that further reading of the resolution be waived; and that said resolution be adopted. (Note: Although Agenda Item No. 19 was approved by the Council at the same time as the other consent calendar items, it was reconsidered later in the meeting and continued to December 1, 1997; therefore, no resolution number was assigned.) COUNCIL MEMBER MILLER EXCUSED At 9:40 a.m., Council Member Milleo' left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Deylin, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. PERSONNEL ACTIONS (8) Mayor Minor noted that the Director of Risk Management position would remain vacant during the time frame that the current director is classified and acting in the higher classification of Director of Personnel, as he would still be performing his duties in the Risk Management Department. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 12, 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. COUNCIL MEMBER MILLER RETURNED At 9:41 a.m., Council Member Miller returned to the Council meeting and took her place at the Council table. ORD. MC-1006 - 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. Final (9) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be adopted. 9 11/17/1997 Ordinance No. Me-1006 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. COUNCIL MEMBER ARIAS ARRIVED At 9: 42 a. m., Council Member Arias arrived at the Council meeting and took her place at the Council table. SET PUBLIC HEARING - 11:00 A.M. - DECEMBER 1, 1997 ADOPT ORDINANCE - ADD SECTION 15.28.190 TO TITLE 15 - SAN BERNARDINO MUNICIPAL CODE PLACARDS DENOTING BUILDING/OCCUPANCY CONDITIONS - FOLLOWING A DISASTER (11) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated October 27, 1997, relative to setting a public hearing regarding the use of placards to denote conditions relating to continued occupancy of buildings after a disaster. Director Hays informed the Council that the State has recommended that each city have a uniform procedure in place to identify structures which pose a hazard in the event of a disaster. City Clerk Clark pointed out that the wording in the ordinance and motion should be changed from "adding Section 15.28.190 to Title 15" to "amending Section 15.28.140 of Title 15." Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set 11:00 a.m., December 1, 1997, as the date certain for a public hearing to adopt an ordinance of the City of San Bernardino amending Section 15.28.140 of Title 15 of the San Bernardino Municipal Code relating to placards used to denote conditions relating to continued occupancy of buildings after a disaster. ORD. Me-1007 - 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. (Discussed earlier in the meeting - page 7) Final (10) Council Member Negrete made a motion, Member Arias, that the Council recons~der taken that said ordinance be adopted. seconded by Council their previous action The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Arias. Nays: Council Members Oberhelman, Devlin, Anderson, Miller. Absent: None. 10 11/17/1997 SET PUBLIC HEARING - 11: 00 A.M. - DECEMBER 1, ADOPT ORDINANCE AMEND SECTION 13.08.055 & 15.73.065 OF THE SAN BERNARDINO MUNICIPAL CODE & 19.30.320 OF THE DEVELOPMENT CODE - DEFERRAL OF DEVELOPMENT FEES 1997 - SECTION SECTION CERTAIN (12) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated October 27, 1997, regarding the setting of a public hearing relative to the deferral of certain development fees. Director Hays explained that this item was being brought forward due to inquiry by some of the developers. He had explained to these developers that such a program had existed; however, it had expired. He noted that deferral of fees had been authorized for approximately seven or eight developers, but had not been used by any developers during the period the program had lapsed. Council Member Anderson made a motion, seconded by Council Member Devlin, that the Mayor and Common Council set 11:00 a.m., December 1, 1997, as the date certain for a public hearing to adopt an ordinance of the City of San Bernardino amending Section 13.08.055 and Section 15.73.065 of the San Bernardino Municipal Code and Section 19.30.320 of the Development Code relating to the deferral of certain development fees. The motion carried by the followcng vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: Council Member Arias. Absent: None. Ayes: Anderson, Council Miller. RECESS MEETING At 9:55 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 05 a. m., Mayor Minor reconvened the j oint 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, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. PUBLIC HEARING - AUTHORIZE STREET NAME CHANGE - CHANGE PIONEER STREET, EAST OF WATERMAN AVENUE, TO ORANGE SHOW ROAD (20) 11 11/17/1997 Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 14, 1997, relative to changing the name of Pioneer Street, east of Waterman Avenue, to Orange Show Road. Mayor Minor opened the hearing. No public comments were received. RES. 97-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF PIONEER STREET TO ORANGE SHOW ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF JULY 1, 1998. (20) Council Member Oberhelman made a motion, seconded Member Negrete, that the hearing be closed; and resolution be adopted. by Council that said The motion carried, and Resolution No. 97-344 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. PUBLIC HEARING - IMPOSE LIENS ON REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO - UNCOLLECTED BUSINESS REGISTRATION FEES (21) Rachel Clark, City Clerk, submitted a Staff Report dated October 30, 1997, regarding the imposltion of liens on property located within the City of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. No public comments were received. RES. 97-345 - 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. (21) Council Member Oberhelman 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. 97-345 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. 12 11/17/1997 APPEAL HEARING - NO. 4096 2100 BHASIN BOARD OF BUILDING COMMISSIONERS' ORDER BLOCK OF MT. VIEW AVENUE SUNIL K. (22) Linda Lowry, Interim Code Compliance Manager, submitted a Staff Report dated November 10, 1997, regarding an appeal of the Board of Building Commissioners' Order No. 4096 relative to property located in the 2100 block of Mt. View Avenue. Mayor Minor opened the hearing. Deputy City Attorney Coleman informed the Council that staff had received a fax from the appellant on Thursday, November 13, requesting a continuance. She noted that the matter had already been continued three times- -once at the request of the Code Compliance Division and twice at the request of the appellant. Code Enforcement Officer Brandol Eads provided a slide presentation of the property and stated that there had been no compliance on this property since May 1996; that the property has remained in the same or worse conditior. since that time. No public comments were received. Council Member Devlin made a motion, seconded by Council Member Anderson, 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. 4096, dated April 3, 1997. APPEAL HEARING - NO. 4360 - 1124, WILLIE JACKSON BOARD OF BUILDING COMMISSIONERS' ORDER 1130 & 1132 HANCOCK STREET - SAMUEL & (23 ) Linda Lowry, Interim Code Compl iance Manager, submitted a Staff Report dated November 6, 1997, regarding an appeal of the Board of Building Commissioners' Order No. 4360 relative to property located at 1124, 1130, and 1132 Hancock Street. Mayor Minor opened the hearing. Al Williams, Code Compliance Officer, stated that this property consisted of a 924-square-foot, multi-family residential structure and provided a summary of the actions taken on this case. Samuel Jackson, 28632 Golden Oak Lane, Highland, that each time the property was vandalized it was eviction. He stated that he had boarded the property than one occasion, but each time it was vandalized. CA, stated due to an up on more 13 11/17/1997 Mayor Minor stated that staff had been conducting an ongoing endeavor since January of this year to get the property cleaned up. He noted that Mr. Jackson lives outside =he city, makes rare checks on the property, and that bringing the property up to code is not a priority to Mr. Jackson. Council Member Devlin made a motion, seconded by Council Member Miller, 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. 4360, dated August 18, 1997. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 4379 - 123 NORTH SIERRA WAY - JAIME AND MARIA JINESTA (24) Linda Lowry, Interim Code Compliance Manager, submitted a Staff Report dated November 10, 1997, regarding an appeal of the Board of Building Commissioners' Order No. 4379 relative to property located at 123 North Sierra Way. Mayor Minor opened the hearing. Doug Leeper, Code Compliance Officer, presented an overview of the facts surrounding this case. Patricia Jinesta, speaking for her father Jaime Jinesta, stated that her parents were in the process of selling the property to M.I. Construction Company in Whittier with a 45-day escrow. She requested that the Council consider lowering the fee of $2,088.88. There was discussion regarding how much of the fee was actual contractor costs and how much was City lmposed. It was noted that the contractor's fee was $1,598.00. Council Member Anderson made a motion, seconded by Council Member Miller, 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 Comnissioners, as described in Order No. 4379, dated August 18, 1997. PUBLIC (COPS) HEARING CITIZENS' OPTION FOR PUBLIC EXPENDITURE PLAN - FISCAL YEAR 1997/98 SAFETY (AS1) (Note: This item was heard on November 3, 1997, and was referred to the Ways and Means Committee.) Mayor Minor opened the hearing. City Administrator Wilson explained that when the package was considered by the Ways and Means Committee, they had voted 2-1 in support of bringing it before the Council. 14 11/17/1997 Assistant Chief of Police Harp presented an overview of the main components of the plan and answered questions from the Council regarding same. Council Member Oberhelman stated that he objected to the purchase of the two four-wheel drive vehicles for $65,000, and that he did not believe this expenditure was consistent with the intent of this particular funding. He stated that he felt the primary intent was to put police on the streets and that the money should be used for personnel and devices used in day-to-day crime fighting. Chief Harp stated that these vehicles would be equipped as mobile command posts and would provide the police with the ability to get into disaster areas. Discussion ensued wherein several Council Members that it would be nice to have the vehicles; however, public wants is more cops on the streets. expressed what the RES. 97-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE PROPOSED CITIZENS' OFTION FOR PUBLIC SAFETY (COPS) EXPENDITURE PLAN FOR FY 1997/98, SUBMITTED BY THE CHIEF OF POLICE. (AS1) Council Member Devlin made a motion, seconded by Council Member Curlin, that the hearing be closed; that the Police Department's proposed expenditure plan for the Citizens' Option for Public Safety Program for fiscal year 1997/98 submitted by the Chief of Police be ratified; and that said resolution be adopted. The motion failed by the following vote: Members Negrete, Curlin, Devlin. Nays: Council Oberhelman, Anderson, Miller. Absent: None. Ayes: Council Members Arias, Council Member Devlin made a motion, seconded by Council Member Curlin, and unanimously carried, that the Council reconsider their previous action taken, which denied ratification of the COPS program. COUNCIL MEMBER ARIAS EXCUSED At 11:17 a.m., Council Member Arias left the Council meeting. Council Member Devlin made a mo:Cion, seconded by Council Member Negrete, that the hearing be closed; that the Police Department's proposed expenditure plan for the Citizens' Option for Public Safety Program for fiscal year 1997/98 submitted by the Chief of Police be ratified except for the purchase of the two four-wheel drive vehicles; and that said resolution be adopted. (Note: There was no vote taken.) 15 11/17/1997 Council Member Oberhelman stated that he would like to see the money designated for the four-wheel drive vehicles used in a program such as Operation Safe Streets. City Administrator Wilson stated that Council could direct that the $65,665 be removed from the Disaster Response category and placed in the Overtime category where it could be used for personnel. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that the hearing be closed; that the Police Department's proposed expenditure plan for the Citizens' Option for Public Safety Program for fiscal year 1997/98 submitted by the Chief of Police be ratified as amended by reducing the Disaster Response category by $65,665 (elimination of two 4-wheel vehicles) and increasing the Overtime category by $65,665; and that said resolution be adopted. The motion carried, and the following vote: Ayes: Oberhelman, Devlin, Anderson, Council Member Arias. Resolution Council Miller. No. 97-346 was adopted by Members Negrete, Curlin, Nays: None. Absent: COUNCIL MEMBER ARIAS RETURNED At 11:21 a.m., Council Member Arias returned to the Council meeting and took her place at the Council table. ACCEPT TRAFFIC SAFETY ADVISORY COMMITTEE RECOMMENDATION - CLOSURE OF ARROWHEAD AVENUE AT "E" STREET/KENDALL DRIVE (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 18, 1997, regarding the closure of Arrowhead Avenue at "E" Street/Kendall Drive. Greg Juarez, 3179 submitted a petition proposed closure. North Arrowhead Avenue, San Bernardino, CA, signed by 96 residents in favor of the Discussion ensued on whether a public hearing had been held on this matter and if proper notification had been given. Council also questioned what the advantage was to taking this action. Director Hardgrave stated that a public hearing is required with a street vacation, but not for the closure being proposed this date. He informed the Council that there were really two issues-- the widening of the street and the closure- -and they were only dealing with the closure today. He explained that this was a traffic safety issue; that staff expects traffic to increase dramatically with the widening of the street and this would be the appropriate time to address this issue. 16 11/17/1997 Senior Assistant City Attorney Carlyle stated that the City Attorney's Office had a concern that notices were not mailed to affected property owners for this Council meeting. He noted that notices had been sent prior to the Traffic Safety Advisory Committee hearing, and although the City was not legally required to provide notice for today's action, they should be consistent. He noted that three out of four people at the Traffic Safety Advisory Committee meeting were opposed to the closure. Mr. Hardgrave pointed out that the residents along Arrowhead Avenue were in favor of the closure; the other group of people who are opposed are those who use the street as a cut-through. Sandra Knight, 3696 North "D" Street, San Bernardino, CA, stated that her biggest concern was what would happen to "D" Street; she did not want all the traffic from Arrowhead to come down "D" Street, thereby causing it to become unsafe. She stated that she personally would like to see the street remain open; however, she understood the safety issues. Senior Assistant City Attorney argument could be made that the lack violation of due process; therefore, a would be to continue the matter for two notices were mailed. Carlyle stated that the of mailed notices was a prudent course of action weeks and ensure that the Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of December 15, 1997; and that staff send the same notices for the Council Meeting as were sent for the Traffic Safety Advisory Committee hearing. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Devlin, Nays: Council Member Miller. Absent: None. Council Anderson. AUTHORIZE REJECTION OF BIDS - INSTALL CROSS 16TH STREET AT "E" STREET & 16TH STREET AT AVENUE - PLAN NO. 9725 GUTTERS ARROWHEAD (26) Roger submitted rejection Street at Hardgrave, Director of Public Works/City Engineer, a Staff Report dated November 6, 1997, recommending the of all bids for installation of cross gutters on 16th "E" Street and 16th Street at Arrowhead Avenue. Council Member Oberhelman made a notion, seconded by Council Member Anderson, and unanimously carried, that all bids received on October 28, 1997, for the installatiOl: of cross gutters on 16th Street at "E" Street and 16th Street at Arrowhead Avenue, per Plan No. 9725, be rejected. ~. 17 11/17/1997 AUTHORIZE MAYOR MINOR TO SUBMIT BALLOT ARGUMENT IN FAVOR OF MEASURE - TRANSIENT LODGING TAX (27) Fred Wilson, City Administrator, submitted a Staff Report dated November 7, 1997, recommending that Mayor Minor be authorized to submit a ballot argument in favor of the Transient Lodging Tax measure which will be submitted to the voters on February 3, 1998. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that Mayor Minor be authorized to submit a ballot argument in favor of the measure being submitted to the voters on February 3, 1998, related to the continuance of the Transient Lodging Tax, and permit the Mayor to add additional co-authors to the argument as he deems appropriate. DISCUSS - PROPOSED AFFILIATION - COMMUNITY HOSPITAL WITH CATHOLIC HEALTH WEST, SOUTHERN CALIFORNIA (Sl) City Attorney Penman submitted a Staff Report dated November 13, 1997, regarding discussion of the proposed affiliation of San Bernardino Community Hospital with Catholic Health West, Southern California. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RES. 97-347 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO SHERIFF'S SEARCH AND RESCUE. (Continued from November 3, 1997) (29) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-347 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 11:49 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, Devlin, Anderson, Miller; Senior Assistant City 18 11/17/1997 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 2:04 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 Assoclated Communities Financing Authority and Mayor and Common Council to order. 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 Deyelopment Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS (R2) Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - PROJECT 96- 234, DEMOLITION PROGRAM - PROJECT 97-213, HIGHLAND SENIOR CENTER - BATHROOM REHABILITATION - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R4) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated November 12, 1997, regarding authorization to execute standard Community Development Block Grant (CDBG) agreements for two programs previously approved for funding. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated plan and authorize and direct the execution of Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agencies. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 19 11/17/1997 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR EXCUSED At 3:00 p.m., Economic Development Steinhaus left the Council meeting and Administrator wilson. STEINHAUS Agency Administrator was replaced by City ECONOMIC DEVELOPMENT AGENCY SPECIA~ COUNSEL SABO EXCUSED At 3:00 p.m., Economic Development Agency Special Counsel Sabo left the Council meeting. AUTHORIZE CONTINUATION - 9/80 WORK SCHEDULE - CITY HALL (28) Lori Sassoon, Senior Administrative Analyst, City Administrator's Office, submitted a Staff Report dated November 5, 1997, regarding continuation of the 9/80 work schedule for City Hall. Ms. Sassoon provided an overview of the City's 9/80 program and answered questions regarding same. She outlined the savings and benefits realized from said program including extended City Hall hours, improved air quality, reduced overtime costs, reduced utility and custodial costs, and the promotion of positive morale among City employees. Council Member Oberhelman stated he would like to see the City investigate a nonsynchronized 9/80 work schedule in order to better accommodate developers and others using City services. Senior Assistant City Attorney Carlyle stated that City Attorney Penman had indicated that he did not support continuation of the 9/80 work schedule and had never supported it in its present form, for although City Hall is closed the courts remain open. Mike Stephens, San Bernardino, CA, 92407, spoke against the 9/80 work schedule. The following individuals expressed support for the current 9/80 work schedule: John Tucker, President, Mid-Management Employee Unit. Robert Goss, President, General Employee Unit. Malcolm Simmons, a representative from the San Bernardino Public Employees Association. At the request of Council, Ms. Sassoon reviewed the work schedules of surrounding cities, and it was noted that all of the cities are on one kind of alternate schedule or another, with the majority on a 4/10 schedule. It was also noted that the Inland Valley Development Agency and the San Bernardino International Airport Authority are on a 9/80 work schedule. 20 11/17/1997 Mayor Minor pointed out that it would be very difficult for some of the smaller City departments to work a nonsynchronized 9/80 schedule. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the 9/80 work schedule through December 1998. Council Member Oberhelman requested explore the possibility of rotating 9/80 critical departments that impact the public agreed to look into the matter. that staff schedules directly. study and in certain Mayor Minor RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO WASTE SYSTEMS DIVISION AND THE CITY OF SAN BERNARDINO. (Continued from November 3, 1997) (30) Jim Howell, Director of Public Services, submitted a Staff Report dated November 6, 1997, recommending execution of an agreement with the County of San Bernardino Waste Systems Division. Director Howell stated that during the budget hearings staff had been directed to negotiate with the County on a waste disposal agreement. Hence, the City had joined with 17 other agencies in the valley to negotiate an equitable p~an, and on November 4 the County Board of Supervisors had voted on the final agreement, which was to become effective January 1, 1996. Mr. Howell reviewed the salient points of stating that it was for a IS-year term at a rate of and included liability protection for the City nation's clause. the agreement, $28.50 per ton, and a favored The City Attorney's Office submitted a memorandum dated November 10, 1997, regarding various components of the agreement, and Senior Assistant City Attorney Caylyle reviewed those items with the Council. Lynn Merrill, Solid Waste Manager, Public Services, answered questions regarding said agreement and pointed out that the City's agreement will be with the County; that the County in turn has an agreement with Norcal. He noted that it would cost approximately $15 million for the City to break the agreement. 21 11/17/1997 Many questions and concerns were raised by the Council. Discussion ensued regarding escalation of the rates and how any increases would be determined; the fact that the escape clause was so binding and yet so vague, and that the County could cancel the agreement at no cost to them, yet it could cost the City up to $21 million; the 15-year term of the agreement; and whether the City should pursue a preferential rate, since approximately 20 percent of the waste comes from San Bernardino. Director Howell stated he felt this was a win-win agreement; however, it was a policy decision and the final decision must come from the Council. He stated that at this time he believed this was the best deal available; that although other agencies may charge lower fees, it was not to the City's advantage to transport its refuse to another county. Council Member Miller recalled that the Council had previously discussed many of the items being discussed this date, and at that time had instructed staff to go and negotiate with the County. She stated that staff had done a very good job doing what they were told to do, and she questioned whether what was being said by the Council today was that they did not like the contract. Council Member Oberhelman stated t:lat his biggest concern was that staff did not have a handle on the escalation aspect of the agreement. Council Member Miller made a motion that said resolution be adopted. The motion failed for lack of a second. Mayor Minor directed staff to return to discussions with the County and continue negotiating those items that had been of concern to the Council. There was no further action taken on this matter. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STURGES FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1997/98. (Discussed later in the meeting - page 23) (S2) Council Member Miller made a motion, seconded by Council Member Devlin, that an expenditure of $12,500 in fiscal year 1997/98 civic and promotion funds be approved to assist the Sturges Foundation with their 1997/98 operating expenses including performances of the Children's Theatre as recommended by the Ways and Means Committee; and that said resolution be adopted. 22 11/17/1997 The motion carried by the following vote: Members Negrete, Curlin, Arias, Devlin, Anderson, Council Member Oberhelman. Absent: None. Ayes: Council Miller. Nays: Council Members Miller, Curlin, and Arias changed their "yes" votes to "no" votes, causing the motion to fail. Council Member Miller changed her "no" vote back to a "yes" vote. The motion carried by the following vote: Ayes: Council Members Negrete, Devlin, Anderson, Miller. Nays: Council Members Curlin, Arias, Oberhelman. (Note: No resolution number was assigned, as the matter was reconsidered later in the meeting and the resolution was not adopted.) REQUEST FOR CIVIC & PROMOTION FUNDING - $3,000 - YMCA 20TH ANNUAL CHILDREN'S CHRISTMAS PARADE (S3) City Administrator Fred Wilson submitted a Staff Report dated November 12, 1997, regarding a request from the YMCA for financial assistance from the civic and Promotion Fund for conducting their 20th Annual Children's Christmas Parade. Council Member Arias stated that she had spoken with a representative from the San Manuel Indian Nation and was under the impression that they were going to financially back this project. Council Member Oberhelman stated that he felt the Council should be consistent in responding to such requests and support the Mayor's previous denial of this request. Council Member Devlin made a motion, seconded by Council Member Anderson, that the request for funding in the amount of $3,000 from the Civic and Promotion Fund for city-provided services, as outlined on the attached Staff Report from Fred Wilson, City Administrator, dated November 12, 1997, in connection with the YMCA 20th Annual Children's Christmas Parade on December 6, 1997, be granted. The motion failed by the following vote: Members Devlin, Anderson. Nays: Council Members Arias, Oberhelman, Miller. Absent: None. Ayes: Council Negrete, Curlin, RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STURGES FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1997/98. (Discussed earlier in the meeting - page 22) (S2) 23 11/17/1997 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Council reconsider their previous action taken that said resolution be adopted. Council Member Devlin made a mo::ion, seconded by Council Member Anderson, that said resolution be adopted. The motion failed by the following vote: Members Devlin, Anderson, Miller. Nays: Council Curlin, Arias, Oberhelman. Absent: None. Ayes: Council Members Negrete, RESOLUTION OF THE CITY OF SAN CONTRACT TO GUZMAN CONSTRUCTION STORM DRAIN, FROM MILL STREET CHESTNUT STREET AND MACY STREET. the meeting - page 8) BERNARDINO AWARDING A FOR CONSTRUCTION OF A AND RANCHO AVENUE TO (Discussed earlier in (19) Council Member Oberhelman made a motion, Member Anderson, and unanimously carried, reconsider their previous action taken that adopted. seconded by Council that the Council said resolution be Felix Arvizo stated that he had rechecked the that his company, F. T. Pipeline Construction, responsible bidder. bids and he felt was the lowest Council Member Curlin made a motion, seconded by Council Member Oberhelman, that the matter be continued to the Mayor and Council meeting of December 1, 1997. (Note: There was no vote taken. ) Council Member Anderson made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the former action taken to adopt said resolution be rescinded. Council Member Curlin reiterated his motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Council meeting of December 1, 1997. 24 11/17/1997 ADJOURNMENT (31) At 4:58 p.m., the meeting was adjourned. The next regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, December 1, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~ HiW Deputy City Clerk No. of Items: 38 No. of Hours: 7 25 11/17/1997