HomeMy WebLinkAbout12-01-1997 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 1, 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 8:00 a.m., Monday, December 1,
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,
Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, City
Clerk Clark, City Administrator wilson. Absent: Council Member
Miller.
RECESS MEETING - CLOSED SESSION (1&S4)
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):
Lawrence Crain vs. City of San Bernardino. Douolas
Domino. Vincent Kutch. Leland Chennault. Jennifer Araoon-
Kaufman. Michael Desrocher - United States District Court
Case No. CV 97-5227 SVW (CWx);
Kleitz vs. County of San Bernardino. et al. - United
States District Court Case Nc. EDCV 97-209 RT;
State of California ex rel. Stull vs. Bank of America
NT&SA - San Francisco Superior Court Case No. 968-484;
Saman vs. City of San Bernardino, et al. - United States
District Court Case No. CIV 93-0448 RAP (RMCx)
Richard Jimenez vs. City of San Bernardino Uni ted
States District Court Case No. CV 97-0086 RT.
1 12/1/1997
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
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; Council Members Negrete, Curlin,
Arias, Oberhelman, Devlin, Anderson; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: Council Member
Miller.
Also present: Senior Assistant City Attorney Simmons, Deputy
City Attorneys Murad and Easland, and Edna Anderson, Administrative
Operations Supervisor, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova 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.
DEPUTY CITY ATTORNEYS MURAD & EASLAND EXCUSED
At 8:07 a.m., Deputy City Attorneys Murad and Easland left the
closed session.
ADJOURN CLOSED SESSION
At 8:22 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:02 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
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12/1/1997
being present: Mayor Minor; Council Members Negrete, Curlin,
Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman,
City Clerk Clark, City Administrator wilson. Absent: None.
INVOCATION
The invocation
Bernardine's Catholic
was given
Church.
by
Sister
Marita
Beumer,
St.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Arias.
APPOINTMENTS PETER R. BAEZA
COMMISSION - COUNCIL MEMBER ARIAS
HUMAN RELATIONS
{2}
Mayor Minor submitted a Staff Report dated November 21, 1997,
requesting the appointment of Peter R. Baeza to the Human Relations
Commission, as requested by Council Member Arias.
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be tabled.
PROCLAMATION - BUCKLE UP FOR LIFE CHALLENGE - DECEMBER
1997 & 1998 - NATIONAL SAFETY COUNCIL (3)
J. Lorraine Velarde, Executive Asslstant to the Mayor, read a
resolution proclaiming the month of December 1997 and 1998 as
"Buckle Up For Life Challenge" within the City of San Bernardino.
Tom Marek, Safety Officer, accepted the proclamation on behalf
of the National Safety Council.
ANNOUNCEMENT - CITY CLERK CLARK
(4)
City Clerk Clark reminded the residents that January 5, 1998
would be the last day to register to vote for the upcoming February
3, 1998, runoff election. Registration forms are available at the
City Clerk's Office, fire stations and the Registrar of Voters
Office.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin encouraged residents to support
Bill 1 (SB1), currently making its way through the Senate,
requires physicians to notify patients in respect to
conducted for prostrate cancer.
Senate
which
tests
City Attorney Penman stated that because the city has no
jurisdiction over physicians, Council Member Curlin may be in
violation of The Brown Act.
3
12/1/1997
Council Member Curlin continued his statements by saying that
prostate cancer is the number two killer among men -- number one
being lung cancer and urged support of SB1.
PUBLIC COMMENTS - BISHOP GERTRUDE WHETZEL
(5)
Bishop Gertrude Whetzel, 274 W.
CA, expressed concern relative to the
within the Animal Control Division.
9th Street, San Bernardino,
limited number of personnel
PUBLIC COMMENTS - HAROLD DUFFY
(5)
Harold Duffy, 5028 Wyche Court, San Bernardino,
concern regarding the appointment of Mr. Baeza to
Relations Commission.
CA,
the
voiced
Human
Mr. Duffy was instructed that he could not discuss any matter
that is noted on the agenda.
PUBLIC COMMENTS - COUNCIL MEMBER CURLIN
(5)
Council Member Curlin elaborated on the health issues he
previously expressed under announcements.
City Attorney Penman admonished Council Member Curlin to stay
within the jurisdiction of the city and read the provisions of The
Brown Act relative to such (GC 54954.3).
Council Member Curlin expressed his objection and requested
that City Attorney Penman submit his opinion in writing.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, 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.
COUNCIL MINUTES
(7)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that the minutes of the following meeting of the
Mayor and Common Council of the City of San Bernardino be approved
as submitted in typewritten form: September 15, 1997.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Arias, Oberhelman, Anderson,
Nays: None. Abstain: Council Member Devlin. Absent:
Council
Miller.
None.
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12/1/1997
CLAIMS & PAYROLL
(8)
council Member Anderson made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the claims and
payroll and the authorization to issue warrants as listed on the
memorandum dated November 24, 1997, from the Director of Finance be
approved.
PERSONNEL ACTIONS
(9)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the personnel
actions as 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.
RES. 97-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH TRI-
CITIES INVESTMENT COMPANY FOR LEASE OF CERTAIN REAL
PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE FOR
AREA "E" 1993 SOUTH DINERS COURT. THE TERM OF THE
AGREEMENT IS FOR A PERIOD OF ONE YEAR. (12)
RES. 97-349 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO NEW WEST SIGNAL FOR TRAFFIC SIGNAL
MODIFICATIONS ON FIFTH STREET AT "D" STREET, ARROWHEAD
AVENUE, AND MOUNTAIN VIEW AVENUE; AND AT SIXTH STREET AND
"F" STREET. (14)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that said resolutions be adopted.
Resolution Nos. 97-348 and 97-349 were adopted
following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent:
by the
Arias,
None.
APPROVE PLAN NOS. 9724 & 9725 REPAIR FAILED BOX
CULVERTS @ VARIOUS LOCATIONS - INSTALL CROSS GUTTERS -
16TH STREET AT "E" STREET & ARROWHEAD AVENUE - AUTHORIZE
ADVERTISEMENT FOR BIDS (15)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated November 18, 1997, concerning the
repair of failed box culverts and the installation of cross gutters
on 16th Street at "E" Street and Arrowhead Avenue.
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the plans for
repair of failed concrete box culverts at various locations, in
accordance with Plan No. 9724; and the plans for installation of
cross gutters on 16th Street at "E" Street and Arrowhead Avenue, in
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12/1/1997
accordance with Plan No. 9725, be apprcved; and that the Director
of Public Works/City Engineer be authorized to advertise for bids.
RES. 97-350 - 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 ABATE~ENTS) (10)
Council Member Miller made a motion, seconded by Council
Member Devlin, 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. 97-350
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
INCREASE OF $20,000 ON PURCHASE ORDER #991389 TO XEROX
CORPORATION. (11)
Concern was expressed regarding tile six-month extension and
the additional allocation of funds.
City Administrator Wilson explained the previous action taken
to approve the contract for an initial six months and answered
questions relative to the extension of the contract.
A discussion ensued concerning the anticipated allocation for
the replacement of the copy machine and the provisions of a
lease/purchase agreement for large-size copiers.
John Murphy, Purchasing Manager, explained that funds for the
machine are not allocated through the Copier Replacement Trust Fund
and maintenance is usually included in lease/purchase agreements of
this magnitude.
Barbara Pachon, Director of Finance, stated that the Copier
Replacement Trust Fund is used for department copiers.
City Administrator Wilson suggested that the matter be
continued so that the issues raised cOl;ld be explored.
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of December 15, 1997.
COUNCIL MEMBER NEGRETE EXCUSED
At 9:43 a.m., Council Member Negrete left the council meeting.
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12/1/1997
RES. 97-351 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE
ANNUAL PURCHASE ORDER TO AMREP INC., FOR PARTS AND
REPAIRS AND FAIRVIEW FORD FOR PARTS AND REPAIR SERVICES
TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO. (13)
James Howell, Director of Public Services, explained that the
purchase order does not exceed the allocated funds.
Council Oberhelman made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No.
Ayes: Council Members
Miller. Nays: None.
97-351 was adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin, Anderson,
Absent: Council Member Negrete.
RES. 97-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413 ENTITLED IN PART, "A
RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN. . . , "
BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION.
(MANAGEMENT & CONFIDENTIAL) (18)
COUNCIL MEMBER NEGRETE RETURNED
At 9:45 a.m., Council Member Negrete returned to the council
meeting and took his place at the council table.
A discussion was held concerning the provisions of the
resolution.
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 97 -3 52 was adopted by the following vote:
Ayes: Council Members Negrete, Arias, Devlin, Anderson, Miller.
Nays: Council Members Curlin, Oberhelman. Absent: None.
RES. 97-353 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE
FACT OF THE CONSOLIDATED PRIMARY MUNICIPAL ELECTION HELD
IN SAID CITY ON THE 4TH DAY OF NOVEMBER, 1997, DECLARING
THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS
AS ARE PROVIDED BY LAW. (19)
Council expressed concern regarding the number of polling
places that were available for the November 4 election.
City Clerk Clark explained that the number of registered
voters has decreased which necessitated the reduction of polling
places and stated that she has requested that two more polling
places be added for the February 3, 1998, runoff election.
7
12/1/1997
council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-353 was
Ayes: Council Members Negrete,
Anderson, Miller. Nays: None.
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Absent: None.
RES. 97-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO
REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO
RENDER SERVICES TO THE CITY OF SAN BERNARDINO RELATING TO
A GENERAL MUNICIPAL ELECTION TO BE HELD ON FEBRUARY 3,
1998. (20)
Concern was expressed regarding the number of polling places
within each ward established by the County of San Bernardino for
the November 4 election.
A discussion was held regarding the possibility of conducting
a mail-ballot election, and it was noted that the cost for such
would be significantly higher.
Esther Estrada, 531 N. Tia Juana Street, San Bernardino, CA,
requested an analysis of the costs associated with an election.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-354 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4231 - 1095 W. SPRUCE STREET - MAURICE PETERS (16)
Linda Lowry, Interim Code Compliance Manager,
Staff Report dated November 20, 1997, concerning
located at 1095 W. Spruce Street.
submitted a
the property
Mayor Minor opened the hearing.
Doug Leeper, Code Compliance Officer, provided a synopsis of
the action taken relative to the property located at 1095 W. Spruce
Street.
CITY ATTORNEY PENMAN EXCUSED
At 10:07 a.m., City Attorney Penman left the council meeting
and was replaced by Senior Assistant City Attorney Carlyle.
Maurice Peters explained that he is appealing the costs
imposed by the city for the action taken on May 19 and requested
8
12/1/1997
that the matter be reconsidered because of the excessive costs
associated with such.
A discussion ensued regarding the condition of the property
and the responsibility of the property owner.
Esther Estrada, 531 N. Tia Juana Street, San Bernardino, CA,
expressed concern regarding the condition of the property.
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 Commissioners, as described in
Order No. 4231, dated June 16, 1997.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 4322 - 2102 STATE STREET - MARIA D. ROMERO (17)
Linda Lowry, Interim Code Compliance Manager,
Staff Report dated November 24, 1997, concerning
located at 2102 State Street.
submitted a
the property
Mayor Minor opened the hearing.
Julie Hernandez, former Code Compliance Officer, provided a
synopsis of the action taken on the property located at 2102 State
- Street and answered questions relative to such.
George Riviera, Law Clerk for the law firm of Diane B. Carey,
1605 W. Olympic Boulevard #9063, Los Angeles, CA, stated that due
process was not given Ms. Romero in that the notification was not
sent to her current address of 1519 Adams Boulevard, Los Angeles,
CA, which is reflected on San Bernardino's water bill.
Senior Assistant City Attorney Carlyle reviewed the attempts
made to ensure due process was granted to the property owner.
A discussion was held concerning the actions taken to notify
the property owner.
Council Member Arias 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. 4322, dated August 18, 1997.
RECESS MEETING
At 11:07 a.m., Mayor Minor declared a five-minute recess.
9
12/1/1997
RECONVENE MEETING
At 11: 15 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; Deputy City Attorney
Empeno, City Clerk Clark, Planning and Building Services Director
Hays. Absent: None.
PUBLIC HEARING - DEFER CERTAIN
SECTIONS 13.08.055, 15.73.065
CODE - DEVELOPMENT CODE
DEVELOPMENT
& 19.30.320
FEES - AMEND
- MUNICIPAL
(25)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated October 27, 1997, concerning the
deferral of certain development fees.
Mayor Minor opened the hearing.
Director Hays stated that the program relative to the deferral
of certain development fees expired and staff was recommending the
extension of an additional one-year period. At the end of this
period, staff would recommend whether or not the program should be
continued.
David
Bernardino,
program.
Mlynarski, 164
CA, expressed
W. Hospitality
support for the
Lane, Suite lA,
continuation of
San
the
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 13.08.055 AND 15.73.065 OF THE SAN BERNARDINO
MUNICIPAL CODE AND SECTION 19.30.320 OF THE DEVELOPMENT
CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES.
First (25)
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the hearing be
closed; and that said ordinance be laid over for final adoption.
PUBLIC HEARING - DEFERRAL OF CERTAIN DEVELOPMENT FEES -
PLANNING AND BUILDING SERVICES (26)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated Octobe" 27, 1997, concerning the
deferral of certain development fees.
Mayor Minor opened the hearing.
10
12/1/1997
Director Hays explained that the matter was a companion item
to Item No. 25.
RES. 97-355 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS.
88-140, 89-510 AND 93-381 RELATING TO THE DEFERRAL OF
CERTAIN DEVELOPMENT FEES. (26)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the hearing be closed; and that said resolution
be adopted.
The motion carried and Resolution No. 97-355
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
PUBLIC HEARING - AMEND SECTION 15.28.140 - MUNICIPAL CODE
- PLACARDS - DISASTERS - CONTINUED OCCUPANCY (27)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated October 27, 1997, regarding placards
for buildings used after a disaster.
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. First (27)
Note: The backup material was not distributed; therefore, the
ordinance will not be available for reference.
Council Member Negrete made a motion, seconded
Member Curlin, and unanimously carried, that the
continued to the Mayor and Council meeting of January
by Council
matter be
26,1998.
DEPUTY CITY ATTORNEY EMPENO & PLANNING AND BUILDING
SERVICES DIRECTOR HAYS EXCUSED
At 11:25 a.m., Deputy City Attorney Empeno and Planning and
Building Services Director Hays left tl:e council meeting and were
replaced by Senior Assistant City Attorney Carlyle and City
Administrator Wilson, respectively.
DISPOSITION - EIGHT (8) AMBULANCES - EMERGENCY MEDICAL
SERVICES PROGRAM (21)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated November 23, 1997, regarding the disposition of eight
ambulances purchased for the Emergency Medical Services Program.
~
Senior Assistant City Attorney Carlyle explained that the
United States Supreme Court upheld the city's ability to utilize
11
12/1/1997
its ambulances. Howeyer, the city was not allowed to establish its
own business.
Council Member Curlin requested a copy of the ruling of the
u.s. Supreme Court.
City Administrator Wilson provided a synopsis of the action
taken to resell the additional eight ambulances purchased in
anticipation of the city operating its own ambulance service.
A discussion ensued as to why Running Springs Water District
can operate an ambulance business and the city cannot since both
agencies fall within the county boundaries.
Larry Pitzer, Fire Chief, explained the organizational
structure within the Running Springs Water District and stated that
the district has been operating as a business for sometime now with
the approval of the county.
A discussion was held concerning the previous action taken to
establish the city ambulance service program, the action of the
United States Supreme Court and the actions taken to replenish the
funds used to proceed with the program.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that the Mayor and Common Council authorize the
following: Authorize the purchasing Manager to sell two of the
eight ambulances to the Running Springs Water District for $60,000
each; proceeds of the sale will be paid directly to the lessor in
lieu of returning two of the eight ambulances; authorize the
Purchasing Manager to sell the equipment listed on the Staff Report
dated November 23, 1997, from Barbara Pachon, Director of Finance,
to Running Springs Water District for $12,423.56; authorize the
return of the six remaining ambulances to the lessor; and authorize
the Director of Finance to issue payment of $193,709.82 to the
lessor in accordance with terms of the lease-purchase agreement and
concurrent with the return of the ambulances.
The motion carried by the following vote: Ayes:
Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Nays: None. Abstain: Council Member Curlin. Absent:
Council
Miller.
None.
RECESS MEETING
At 11:52 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING - LUNCHEON WORKSHOP
At 12:02 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 in the Fourth Floor
Conference Room, City Hall, 300 North "D" Street, San Bernardino,
California, to discuss the feasibility study conducted for a
transfer station/material recovery facility.
12
12/1/1997
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Minor; Council Members Arias, Oberhelman,
Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle,
City Clerk Clark, City Administrator 'wilson. Absent: Council
Members Negrete, Curlin.
Also present: James Howell, Director of Public Services; Lynn
Merrill, Solid Waste Manager, Public Services; Chuck Tobin, Burrtec
Waste Industries; Dave Ault, Taormina; Jerry Calk, Norcal; Esther
Estrada, Councilwoman elect; Joseph Relsdorf, Aurora Associates;
and Laith Ezzet, Hilton Frankopf & Hobson, LLC.
TRANSFER STATION/MATERIAL RECOVERY FACILITY - FEASIBILITY
STUDY (23)
James Howell, Director of Public Services, submitted a Staff
Report dated November 18, 1997, concerning the transfer
station/material recovery facility study conducted by Hilton
Frankopf & Hobson, LLC.
Director Howell stated that the purpose of the workshop was to
provide information on the findings of the study and explained the
requirements imposed on the city as a result of Assembly Bill (AB)
939, which mandates source reduction and recycling elements.
Lynn Merrill, Solid Waste Manager, Public Services, provided
a synopsis of the action taken to ensure compliance with AB 939.
Laith Ezzet, Vice President of Hilton Frankopf & Hobson, LLC,
3990 Westerly Place, Suite 195, Newport Beach, CA 92660-9741,
presented the results of the study and answered questions relatiye
to such.
Joe Reisdorf, Aurora Associates (Engineering Consultant),
explained the various options presented to the city.
A discussion was held concerning waste tonnage, the future
needs of the city and the negotiations currently being held with
the County of San Bernardino concerning a waste disposal agreement.
COUNCIL MEMBER OBERHELMAN EXCUSED
At 12: 58 p. m., Council Member Oberhelman left the council
meeting.
Mayor Minor advised staff to continue the negotiations with
the county, and if not amenable, other measures would have to be
reconsidered.
-''''''
RECESS LUNCHEON WORKSHOP
At 1:02 p.m., the luncheon workshop recessed and the joint
regular meeting of the Mayor and Common Council and Community
13
12/1/1997
Development Commission was continued to 2:00 p.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 2:03 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 2:03 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
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.
RES. 97-356
AWARDING A
REPLACEMENT
- RESOLUTION OF THE CITY OF SAN BERNARDINO
CONTRACT TO DAVID-RICHARDS ELECTRIC FOR
OF SPORT/SECURITY LIGHTING AT KERWIN FIELD.
(R5)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
14 12/1/1997
Resolution No. 97-356 was adopted by the following vote:
Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Negrete.
COOPERATION AGREEMENT
MULTI-FAMILY HOUSING
PROJECT
- COUNTY & CITY OF SAN BERNARDINO -
REVENUE BONDS VILLAGE GREEN
(R7)
Ronald Winkler, Development Director,
Agency, submitted a Staff Report dated
concerning the Village Green project.
Economic
November
Development
26, 1997,
Director Winkler provided a synopses of the provisions of the
agreement with the County of San Bernardino and answered questions
relative to such.
COUNCIL MEMBER NEGRETE RETURNED
At 2:14 p.m., Council Member Negrete returned to the council
meeting and took his place at the council table.
Max Nardoni, Klein Financial Corporation, answered questions
concerning the Village Green project.
Council Member Arias made a motion, seconded by Council Member
Miller, that the Mayor and Common Council authorize the execution
of the cooperation agreement with the County of San Bernardino for
the issuance of multi-family housing revenue bonds (Village Green
proj ect) .
The motion carried by the following vote:
Members Negrete, Curlin, Arias, Devlin, Miller.
Members Oberhelman, Anderson. Absent: None.
Ayes:
Nays:
Council
Council
PUBLIC HEARING - IMPLEMENTATION PLAN REVIEW - VARIOUS
REDEVELOPMENT PROJECT AREAS - AB 1290 REQUIREMENTS (R11)
Ronald Winkler,
Agency, submitted
requesting that the
Development Director, Economic Development
a Staff Report dated November 21, 1997,
matter be continued to December 15, 1997.
Council Member Oberhelman made a motion, seconded
Member Curlin, and unanimously carried, that the
continued to the Mayor and Council meeting of December
by Council
matter be
15, 1997.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR
EXCUSED
At 3:51 p.m., Economic Develop~ent
Steinhaus left the council meeting and
Administrator Wilson.
STEINHAUS
Agency Administrator
was replaced by City
15
12/1/1997
SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC
DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED
At 3:51 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.
COUNCIL MEMBER CURLIN EXCUSED
At 3: 51 p. m., Council Member Curlin left the council meeting.
RES. 97-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A SIDE LETTER TO RESOLUTION NO. 89-129,
RESOLUTION ESTABLISHING MANAGEMENT AND CONFIDENTIAL
COMPENSATION AND BENEFITS PLAN, AMENDING SECTION H, PERS,
AND ADDING SECTION V, UNIFORM ALLOWANCE FOR FIRE SAFETY
MANAGEMENT EMPLOYEES, EFFECTIVE AS OF DECEMBER 1, 1997,
WITH COUNCIL APPROVAL. (22)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 97-357
Ayes: Council Members
Anderson, Miller. Nays:
was adopted by the following vote:
Negrete, Arias, Oberhelman, Devlin,
None. Absent: Council Member Curlin.
COUNCIL MEMBER CURLIN RETURNED
At 3:52 p.m., Council Member Curlin returned to the council
meeting and took his place at the council table.
RES. 97-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GUZMAN CONSTRUCTION FOR
CONSTRUCTION OF A STORM DRAIN, FROM MILL STREET AND
RANCHO AVENUE TO CHESTNUT STREET AND MACY STREET.
(Continued from November 17, 1997) (24)
Council Member Devlin made a motion, seconded by Council
Member Anderson, 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, n be approved; that said resolution be adopted; and that the
Mayor and Council find that the minor irregularity in Guzman
Construction's bid be waived on the grounds that it is
inconsequential.
The motion carried and Resolution No. 97-358 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
AUTHORIZE CITY ADMINISTRATOR WILSON & DIRECTOR OF
FINANCE PACHON - PREPARE IMPARTIAL FISCAL ANALYSIS
MEASURE W -TRANSIENT LODGING TAX - FEBRUARY 3, 1998
(Sl)
16
12/1/1997
Fred Wilson,
dated November 25,
Tax.
City Administrator, submitted a Staff Report
1997, concerning Measure W, Transient Lodging
Council Member Devlin made a mo:.ion, seconded by Council
Member Anderson, and unanimously carried, that the City
Administrator and Director of Finance be authorized to prepare an
impartial fiscal analysis of the measure related to the Transient
Lodging Tax.
RES. 97-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING AN ADDENDUM TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH THE CITY ASSOCIATES, INC. (S2)
Council Member Devlin made a mo::ion, seconded by Council
Member Anderson, that said resolution be adopted; and that the
Mayor and Common Council of the City of San Bernardino authorize
the Director of Finance to transfer $50,000 from Code Compliance
salaries to the Code Compliance Professional/Contractual budget to
fund the cost of the city's contract with The City Associates,
Inc., for interim management of the Code Compliance Division.
The motion carried and Resolution No. 97-359 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
DISCUSS & TAKE ACTION - FIREWORKS - CITY BOUNDARIES -
HIGH-FIRE AREAS (S3)
Council Member Curlin submitted a Staff Report dated November
25, 1997, requesting that the matter of fireworks within the city
be addressed.
Council Member Curlin made a motion that the matter be
continued to the Mayor and Council meeting of December 15, 1997.
The motion failed for lack of a second.
City Attorney Penman explained that the matter was continued
until after the city elections. Hence, action had not been taken
to place the matter on the agenda prior to the conclusion of the
elections.
Mike Stephens, a resident of San Bernardino, questioned why
the matter was placed on the agenda.
Council Member Oberhelman made a notion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
17
12/1/1997
ADJOURNMENT
At 4:08 p.m., the joint
regular meeting will be held
Council Chambers of City
Bernardino, California.
No. of Items:
36
No. of Hours:
7 hrs
(28)
regular meeting adjourned. The next
on Monday, December 15, 1997, in the
Hall, 300 North "D" Street, San
RACHEL G. CLARK
City Clerk
By1-~.6~
", zanna Co ova
eputy Clty Clerk
18
12/1/1997