HomeMy WebLinkAbout11-04-1996 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 4, 1996
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 8:04 a.m., Monday, November 4,
1996, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Negrete, Anderson.
RECESS MEETING - CLOSED
meeting - pages 9 & 18)
At 8: 04 a. m., the Mayor and
Development Commission recessed
following:
SESSION (Discussed later in the
(1)
Common Council and Community
to closed session for the
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Caldwell vs. City of San Bernardino, et al. San
Bernardino Superior Court Case No. SCV 26026;
Count v of San Bernardino, et al. vs. Citv of San
Bernardino, et aI, - Riverside Superior Court Case No.
224288, Court of Appeals Case No. E012673 and California
Supreme Court Case No. S050179;
Albert Robinson vs. Ci tv of San Bernardino, et al.
United States District Court Case CV 96-2539 DT (RMC);
Patrick Forsvthe vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 04753;
Thomas E. williams and Crystal Williams vs. Citv of San
Bernardino - San Bernardino Superior Court Case No. SCV
33078;
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11/4/1996
People of the State of California vs. Manta
Manaoement/Manta Manaoement Corporation vs. Citv of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157.
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.
CLOSED SESSION
At 8:04 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Negrete, Anderson.
Also present: Senior Assistant City Attorneys Barlow and
Carlyle, Senior Deputy City Attorney Simmons, Deputy City Attorneys
Aldstadt and Kobrine, and Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular agenda of the
Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority and Mayor and Common Council while the Mayor
and Council and Community Development Commission were in closed
session.
COUNCIL MEMBER NEGRETE ARRIVED
At 8:09 a.m., Council Member Negrete arrived at the closed
session.
SENIOR DEPUTY
At 8: lOa. m. ,
closed session.
CITY ATTORNEY SIMMONS EXCUSED
Senior Deputy City Attorney Simmons left the
DEPUTY CITY ATTORNEY KOBRINE EXCUSED
At 8:16 a.m., Deputy City Attorney Kobrine left the closed
session.
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11/4/1996
DEPUTY CITY ATTORNEY ALDSTADT EXCUSED
At 8:23 a.m., Deputy City Attorney Aldstadt left the closed
session.
SENIOR DEPUTY CITY ATTORNEY SIMMONS RETURNED
At 8:23 a.m., Senior Deputy City Attorney Simmons returned to
the closed session.
ADJOURN CLOSED SESSION
At 8:44 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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Anderson.
INVOCATION
The invocation was given by Father Barnabas Laubach, St.
Bernardine's Medical Center.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
APPOINTMENTS
(2)
There were no appointments during this meeting.
COMMENDATION - JIM BURNS - SOUTHERN CALIFORNIA EDISON
COMPANY - EXEMPLARY SERVICE (3)
Phil Arvizo , Executive Assistant to the Council, read a
resolution commending Jim Burns, who is retiring after 27 years
with the Southern California Edison Company, for his dedicated and
exemplary service in working with the Ci.ty and the community of San
Bernardino.
Mr. Burns accepted his resolution of commendation.
PRESENTATION TO THE CITY
IN LOCAL GOVERNMENT
COMMISSION
- OUTSTANDING ENERGY ACHIEVEMENT
AWARD CALIFORNIA ENERGY
(3)
3
11/4/1996
The City of San Bernardino was recognized for "its firm
commitment in reducing energy use in city facilities and for the
tremendous progress it has made in the last year" by the California
Energy Commission, and was awarded a framed resolution by
Commissioner David Rohy in honor of sa~d accomplishment.
Mayor Tom Minor and Facilities Manager Jim Sharer accepted the
resolution on behalf of the City.
PRESENTATION - SENIOR DEPUTY CITY ATTORNEY SIMMONS - CITY
ATTORNEY'S OFFICE - TIGER AWARD (3)
Senior Deputy City Attorney Simmons was presented with the
City Attorney's Office "Tiger Award" by City Attorney Penman in
recognition of his efforts in winning tbe Patrick Forsythe vs. City
of San Bernardino lawsuit. City Attocney Penman noted that Mr.
Simmons is the foremost litigator in the City Attorney's Office and
saved the City almost $30,000 in this case.
Attorney Simmons accepted his award and expressed thanks to
the staff in the City Attorney's Office and to the police officers
who testified in the case.
ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE
(4)
Council Member Negrete was pleased to announce that last week
he and Councilwoman Arias cut the ribbon on the new El Tigre market
on Second Street, which is now open fo~ business.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin spoke about the privilege of voting and
urged everyone to visit their polling places and register their
votes, He also expressed shock that $10,000 was paid to the "ghost
voter" in Sacramento, who voted to give the Mayor of San Bernardino
veto power over Community Development Commission items.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias encouraged residents to vote in the
November 5 election.
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman encouraged everyone to vote and
commended staff at the Center for Individuals with Disabilities and
all the volunteers for the excellent Harvest Fair they put on.
4
11/4/1996
ANNOUNCEMENTS - CITY CLERK RACHEL CLARK
(4)
City Clerk Rachel Clark encouraged those who had taken out
absentee ballots to return them personally to the Registrar of
Voters Office if they had not yet returned them by mail. She
informed the public that if they couldn't get to the polls on
voting day, they could go to the Registrar of Voters Office today
until 5:00 p.m. to vote, and advised residents that they could call
the City Clerk's Office for polling place locations until 8:00 p.m.
on Tuesday, November 5.
ANNOUNCEMENTS - MAYOR MINOR
(4)
Mayor Minor reminded the Council and residents that two years
ago an attempt was made to gain a pay raise for Council members of
$1500 per month. He stated that the raise did not go through, not
because he did not have veto power over Community Development
Commission items, but because he did have veto power over City
items. He also reminded people that the newspaper had recently
reported that Turpin Isuzu was going bankrupt, and at the time the
hearing was held on that matter he made a public statement that if
ever a project needed to be vetoed, it should be this one.
PUBLIC COMMENTS - NICK GONZALEZ
(5)
Nick Gonzalez, 3288 Mayfield, San Bernardino, CA, thanked
Congressman George Brown, who assisted the Neighborhood Cluster
Associations by supporting a Housing and Urban Development (HUD)
bill. He also thanked Mayor Minor, Council Member Miller, and
Freddie Spellacy for working with the cluster associations.
Council Member Miller commended Mr. Gonzalez for his work in
the community.
City Administrator Shauna Clark explained the background on
this matter stating that the City was tl"ying to find free water for
several privately-owned, vacant propertles in order to maintain the
premises. The Mayor agreed to work on getting the water, and
Congressman Brown contacted HUD. The City picked one cluster
association (Arrowhead Neighborhood Group), which is supported by
Nick Gonzalez and has nine vacant HUD homes, for a pilot program.
HUD agreed to indemnify the association for any injuries that may
happen as the association waters these properties, and the Mayor
will determine a way to keep the yards mowed.
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11/4/1996
PUBLIC COMMENTS - BOB NEVES
(5)
Bob Neves, 2348 North Sterling Avenue, #439, San Bernardino,
CA, stated that he wanted to draw attention to the delay in
approving our City's settlement with the State Attorney General's
Office relative to citizens with disabilities. He spoke in support
of said settlement and urged the Council to adopt the settlement
and establish reasonable timelines for implementation. He also
asked that approximately $21,000 in Community Development Block
Grant monies be used to remodel the public counter tops to aid
those citizens with disabilities who want to do business with the
City.
PUBLIC COMMENTS - BRIAN PLANT
(5)
Brian Plant, c/o 498 Court Street, San Bernardino, CA, stated
he wanted to put on the record the lack of integrity on the part of
public servants and the fact that he perceives them as self-serving
politicians.
PUBLIC COMMENTS - REVEREND WILLIA}l DUNSTON
(5)
Reverend William Dunston, resident of the seventh ward,
commented on the smear tactics and intimidation used against the
City Council by some citizens speaking at the podium. He stated he
wanted the Council and staff to know that there are citizens who
are behind them and support their activities.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, 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.
RES. 96-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (9)
ORD. MC-984 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL
CODE, AND ADOPTING THE UNIFORM FIRE CODE (1994) TOGETHER
WITH CALIFORNIA CODE OF REGULATIONS (1995 EDITION), TITLE
24, PART 9, AND APPENDICES I-A, I-B, I-C, II-A, II-B, lI-
D, II-E, II-F, II-G, II-H, II-I, III-A, III-AA, III-B,
III-BB, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C,
VI-D, VI-E, VI-F, VI-G INCLUSIVE, AND THE UNIFORM FIRE
CODE STANDARDS (1994 EDITION) . Final (10)
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11/4/1996
RES. 96-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6429, ENTITLED IN PART "A
RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN
FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE
DEPARTMENTS OF THE CITY OF SAN BERNARDINO. (11)
RES. 96-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING ONE PURCHASE ORDER TO PARKHOUSE TIRE AND ONE
PURCHASE ORDER TO "Y" TIRE FOR THE FURNISHING AND
DELIVERY OF NEW TIRES AND TUBES TO BE UTILIZED BY THE
VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN
ACCORDANCE WITH REQUEST FOR QUOTE NO. Q97045. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said ordinance and resolutions be adopted.
Ordinance No. MC-984 and Resolution Nos. 96-341, 96-342, and
96-343 were adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None.
Absent: Council Member Anderson.
COUNCIL MINUTES
(7)
City Clerk Rachel Clark stated that
16, 1996, had been corrected to indicate
City of San Bernardino/Mano Management
Bernardino/Manta Management.
the minutes of September
Central City Company vs.
instead of City of San
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino be approved as submi7.ted in typewritten form:
September 3, 1996; September 9, 1996; September 16, 1996.
RATIFY - ACTIONS TAKEN BY MAYOR & COMMON COUNCIL RELATIVE
TO NEGOTIATION OF LEASE WITH E/ONE - PURCHASE & DELIVERY
- EIGHT AMBULANCES. (8)
City Administrator Shauna Clark submitted a Staff Report dated
October 28, 1996, regarding ratification of actions taken by the
Mayor and Common Council at their meeting of October 21, 1996,
relative to the negotiation of a lease with E/One for purchase of
eight ambulances.
Mayor Minor read the following excerpt from a letter addressed
to the Mayor and Members of the Common Council from Harry L.
Gershon of Richards, Watson & Gershon, Thirty-eighth Floor, 333
South Hope Street, Los Angeles, CA, attcorney for American Medical
Response West/Courtesy Services of San Bernardino, Inc.:
7
11/4/1996
"YOU ARE THEREFORE HEREBY NOTIFIED that if, prior
to the rendition by the Supreme Court of its decision
upon the present appeal, the City initiates any action to
implement its decision to provide ambulance transport
service in violation of the governing provisions of the
EMS Act and in derogation of the rights of our client, we
shall forthwith take any and all necessary steps before
the appropriate court, to enjoin and restrain such action
pending the resolution by the Supreme Court of the
pending appeal. To such extent, if any, that the City
expends public funds in preparatory activities and/or in
the acquisition of ambulance vehicles, it does so only at
its own risk and peril."
Mayor Minor also read into the record the Emergency Medical
Service (EMS) Transport Monthly Report.
Paul Hubbard, owner of Leader Industries, 10941 Weaver Avenue,
South El Monte, CA, an ambulance manufacturing firm, questioned why
the City went out of California and leased the ambulances from a
sole source in Florida. He requested that his company be allowed
to participate in the process,
Council Member Oberhelman made a motion that the following
actions taken by the Mayor and Common Council at their meeting of
October 21, 1996, with respect to the negotiation of a lease with
E/One for the purchase and deli very of eight ambulances, be
ratified, to include the following:
That the Mayor and Common Council authorize a committee
composed of the Purchasing Agent, the Fleet Maintenance Manager,
and a representative of the Fire Department to negotiate a lease
with E/One for the delivery of eight ambulances to the City of San
Bernardino; and that the Mayor be authorized to sign the lease
conforming to the following general parameters:
1. The price of each ambulance shall not exceed $83,000;
2. The annual lease payment shall not exceed $160,000;
3. Interest charges shall be approximately 6% per annum;
4. Delivery shall take place prior to April 1, 1997;
5. The term of the lease will be five years, with the
appropriate cancellation clauses;
6. The first lease payment will not be due until 1998;
7. The lease will be subject to the approval of the City
Attorney.
Council Member Curlin stated that he felt the public deserved
an answer as to why the process was handled as sole source.
8
11/4/1996
Mayor Minor stated that the Council had pushed to do this
rapidly, and this action was taken in response to the Council's
direction.
City Attorney Penman pointed out that this had been discussed
at the last meeting of the Mayor and Common Council, and it was not
appropriate to discuss it now since the City had been threatened by
a lawsuit. He stated that if the Council wished to pursue the
matter further it should be done in closed session.
Council Member Oberhelman rescinded his motion.
City Attorney Penman distributed copies of a letter from the
City Attorney's Office to E/One dated October 31, 1996, and the
contract between the City and E/One, stating that at the last Mayor
and Council meeting the Council had authorized the Mayor to
initiate a contract that included the seven parameters that were
listed on the agenda and included in Council Member Oberhelman's
earlier motion.
Several Council Members
concerns which needed to be
matter.
stated they had questions and/or
addressed prior to voting on this
RECESS MEETING - CLOSED SESSION - (Discussed earlier and
later in the meeting - pages 1 & 18) (1)
At 9: 53
Development
following:
a.m., the
Commission
Mayor and
recessed
Common Council and
to closed session
Community
for the
Pursuant to Government Code Section,
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to Government
Code Section 54956.9 (b).
CLOSED SESSION
At 9:53 a,m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Anderson.
ADJOURN CLOSED SESSION
At 10:08 a.m., the closed session adjourned to the joint
regular meeting of the Mayor and Common Council and Community
Development Commission.
9
11/4/1996
RECONVENE MEETING
At 10: 08 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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Anderson.
RATIFY - ACTIONS TAKEN BY MAYOR & COMMON COUNCIL
TO NEGOTIATION OF LEASE WITH E/ONE - PURCHASE &
- EIGHT AMBULANCES.
RELATIVE
DELIVERY
(8)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the following actions
taken by the Mayor and Common Council at their meeting of October
21, 1996, with respect to the negotiation of a lease with E/One for
the purchase and delivery of eight ambulances and all pertinent
documents prepared by the City Attorney's Office regarding same, be
ratified, to include the following:
That the Mayor and Common Council authorize a committee
composed of the Purchasing Agent, the Fleet Maintenance Manager,
and a representative of the Fire Department to negotiate a lease
with E/One for the delivery of eight ambulances to the City of San
Bernardino; and that the Mayor be authorized to sign the lease
conforming to the following general parameters:
1. The price of each ambulance shall not exceed $83,000;
2. The annual lease payment shall not exceed $160,000;
3. Interest charges shall be approximately 6% per annum;
4. Delivery shall take place prior to April 1, 1997;
5. The term of the lease will be five years, with the
appropriate cancellation clauses;
6. The first lease payment will not be due until 1998;
7. The lease will be subject to the approval of the City
Attorney.
RES. 96-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO "Y" TIRE FOR PROVIDING
"RECAP" TIRES AND TUBES TO BE UTILIZED BY THE VARIOUS
DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE
WITH REQUEST FOR QUOTE NO. Q97A53. (13)
Jim Howell, Director of Public Services,
been an open bid situation and there were
companies on the list.
stated that this had
approximately five
10
11/4/1996
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 96-344 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Anderson.
PERSONNEL ACTIONS
(14)
The Council asked whether the individuals appointed to
permanent positions in the Public Services Department had been
taken from the part-time employees who had been doing this work.
Jim Howell, Director of Public Services, stated
them were given the opportunity to participate in
procedure, but some of them didn't make it.
that all of
the hiring
Council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated October 24, 1996, 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.
PUBLIC HEARING CONFIRM 1997-98 ASSESSMENT
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.
NORTH PARK BOULEVARD & MOUNTAIN DRIVE
ROLL
1019
(15)
Roger
submitted
Landscape
Northpark
Hardgrave, Director of PGblic Works/City
a Staff Report dated October 14, 1996,
Maintenance Assessment District No. 1019
Boulevard and Mountain Drive area.
Engineer,
regarding
for the
Mayor Minor opened the hearing,
No comments were received from the public regarding this
matter.
RES. 96-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
IMPROVEMENTS IN THE AREA OF NORTH PARK BOULEVARD AND
MOUNTAIN DRIVE, APPROVING THE FINAL ENGINEER'S REPORT,
CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF
SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1019,
ORDERING THE WORK, CONFIRMING THE 1997-98 ASSESSMENT
ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY.
(15)
11
11/4/1996
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the public hearing relative to the formation of
the Northpark and Mountain Area Landscape Maintenance Assessment
District No. 1019 (AD 1019) be closed and protests, if any, be
overruled; and that said resolution be adopted.
The motion carried, and Resolution No. 96-345
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Miller. Nays: None. Absent:
Anderson.
was adopted by
Curlin, Arias,
Council Member
APPEAL HEARING - BOARD OF BUILDING
NO. 2693 - 750-752 WEST 4TH STREET
(Continued from October 21, 1996)
COMMISSIONERS' ORDER
- JOSEPH MASTROPAOLO
(16)
Mayor Minor opened the hearing.
Joe Lease, Inspection Services Supervisor, Planning and
Building Services, stated that at the last meeting the appellant
had raised a number of legal questions; therefore, the matter had
been continued.
City Attorney Penman stated that the appellant was attacking
the City based on the Building Code; however, the action taken by
the City was based on the Housing Code.
Charlene Kobrine, Deputy City At7_orney, explained that the
City is using Section 9-13 of the Uniform Housing Code because this
is an existing structure, and the City is only enforcing state law.
She stated that she had determined that the structures were part of
a historical survey, but were never deemed historical buildings.
Joseph Mastropaolo, 16291 Magellan Lane, Huntington Beach, CA,
accused the City of applying improper codes, deception, perjury,
and intentional harassment. He stated that the structures are not
hazardous and do not need to be repaired. Mr. Mastropaolo
presented an itemized bill dated November 4, 1996, in the amount of
$48,830.00 for "DAMAGES to the property 750-752 West 4th Street,
San Bernardino, as a result of the fraudulent Notice of Violation
of 23 January 1995 and BBC Order 2693" and demanded immediate
payment.
Paul Mastropaolo, son of Joseph Mastropaolo, stated that the
main point appears to be that the four studio apartments do not
have enough square footage and are too small. He pointed out that
the building was constructed in 1907 and converted to apartments in
1924. He stated that the City is trying to apply the 1952 Uniform
Building Code, yet these apartments existed in 1924. He stated
that they would like the Notice of Violation to be retracted, as
there is no life safety hazard on this property.
12
11/4/1996
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed;
and that the Mayor and Common Council deny the appeal and uphold
Order No. 2693 of the Board of Building Commissioners.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 2808 - 3505 CITRUS STREET - WORLD PROPERTIES, L.P.
(17)
Bill Skiles, Code Compliance Manager, submitted a Staff Report
dated October 11, 1996, concerning the appeal of the Board of
Building Commissioners' Order No. 2808 regarding property located
at 3505 Citrus Street, San Bernardino, California.
Mayor Minor opened the hearing.
Mr. Skiles requested that the Mayor and Common Council deny
the appeal and uphold the Board of Bui~ding Commissioners' order.
Al Williams, Code Compliance Officer, Code Compliance
Division, stated that this was a single-family residence. He added
that the property had been brought up to code, and the City was now
trying to recoup the administrative fees which amounted to $522.72.
Gregory Brittain, attorney for World Properties, L.P., 330
North "D" Street, San Bernardino, CA, stated that his client would
like the directive to demolish the structure withdrawn and is
prepared to pay the fees in the amount of $522.72.
Mr. Skiles stated he had been informed by Joe Lease,
Inspection Services Supervisor, that the building is now safe for
habitation.
Council Member Miller made a motion,
Member Negrete, that the hearing be closed;
3505 Citrus Street has been abated; that the
canceled; that the property is certified for
the appellant must pay associated fees in the
seconded by Council
that the nuisance at
demolition order is
occupancy; and that
amount of $522.72.
Council Member Curlin made a substitute motion that the
Council find that the property is not a nuisance; that the property
is safe for occupancy; that there are no remaining problems with
the property; the order for demolition is canceled; and the
appellant will pay the associated fees in the amount of $522.72.
City Attorney
finding that states
property; however,
exists.
Penman advised
there are no
they can find
the Council not to make any
remaining problems with the
that the nuisance no longer
The substitute motion failed for lack of a second.
13
11/4/1996
Council Member Miller restated her motion, seconded by Council
Member Negrete, and unanimously carried, that the hearing be
closed; that the nuisance at 3505 Citrus Street has been abated.
that the demolition order is canceled; that the property i~
certified for occupancy; and that the appellant must pay associated
fees in the amount of $522,72.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3749 - 1347 OAK STREET - JAIME ROSSO (19)
Bill Skiles, Code Compliance Manager, submitted a Staff Report
dated October 11, 1996, regarding an appeal of the Board of
Building Commissioner's Order No. 3749 relative to property located
at 1347 Oak Street, San Bernardino, California.
Council Member Arias made a motion, seconded by Council Member
Negrete, and unanimously carried, that the matter be continued to
the Mayor and Council meeting of November 18, 1996.
RECESS MEETING
At 10:58 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:05 a.m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Oberhelman, Devlin, Miller; Senior Assistant City Attorney
Barlow and Economic Development Agency Special Counsel Sabo, City
Clerk Rachel Clark, Economic Development Agency Administrator
Steinhaus. Absent: Council Members Curlin, Anderson.
COMMUNITY DEVELOPMENT COMMISSION,' SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 11:05 a.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 and Mayor and Common Council to order.
JOINT
PARK
JOINT
Note: Community Development Comrr.ission 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.
14
11/4/1996
WAIVE FULL READING OF RESOLUTIONS
(R2)
Council Member Devlin made a mot ion, 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 and
Mayor and Common Council be waived.
RES. 96-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO T & M CONSTRUCTION FOR REPLACEMENT
OF RESTROOM BUILDINGS IN MEADOWBROOK PARK AND NUNEZ PARK.
(RS)
Council Member Devlin made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 96-346 was adopted by the following vote:
Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller.
Nays: None. Absent: Council Members Curlin, Anderson.
COUNCIL MEMBER CURLIN RETURNED
At 11:06 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
PUBLIC HEARING DOWNTOWN CINEMA COMPLEX
later in the meeting - page 32)
(Discussed
(R7)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated October 29, 1996, regarding
the proposed downtown cinema complex.
Chairman Minor opened the hearing.
Development Director Winkler explained that the proposed
development would entail 80,000 square feet of theater space
consisting of 20-22 screens, with seating to accommodate
approximately 4,500 people. Mr. Winkler continued by stating that
20,000 square feet of restaurant and retail space is proposed
adjacent to the cinema complex, for a total estimated project cost
of $16 million. He stated that financing sources would include
bank loans, private financing, Section 108 loans, and Agency and
Developer equity contributions.
Mr. Winkler stated that the Agency would realize an 8 percent
priority return for its equity commitment annually and 75 percent
of all proj ect income after costs, debt service, and priority
returns. In addition, the Agency would receive 75 percent of sale
or refinance proceeds after sales costs and loan and equity
principal payments, should the project be sold or refinanced. The
15
11/4/1996
Developer would also receive an 8 percent annual return on their
equity contribution, as well as 25 percent of cash flow, sale, or
refinance proceeds.
RES. 96-350 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MDA-SAN BERNARDINO ASSOCIATES, L.L.C. PERTAINING TO THE
DEVELOPMENT OF A MULTI-SCREEN CINEMA COMPLEX AND RELATED
COMMERCIAL FACILITIES. (R7A)
Council Member Negrete made a motion, seconded by Council
Member Curlin, that said resolution be adopted. (Note: There was
no vote taken.)
Council Member Curlin made a substitute motion, seconded by
Council Member Negrete, and unanimously carried, that the hearing
be closed.
Council Member Negrete made a motion, seconded by Council
Member Curlin, that said resolution be adopted. (Note: The vote
was taken later in the afternoon following further discussion.)
Council Member Oberhelman questioned the increase in proj ected
sales tax for the surrounding area of $8 million and the amount of
equity returns proposed for the Agency and the Developer.
Mr. Winkler stated that the $8 million was an error in the
staff report--the amount should have been $800,000; and explained
how the returns would be divided between the Developer and the
Agency.
Discussion ensued regarding the need to change language in the
agreement referring to the "Director of the Agency" to the
"Development Director", identification of land costs, the fact that
in the agreement the developer is not required to develop the
retail portion of the complex (which is the potential money-maker
of the project), and the fact that the projected completion date is
five years down the line.
Special Counsel Sabo explained various components of the
agreement and answered questions regarding same.
Special Counsel Green stated that the public should understand
that the acquisition of surrounding properties for completion of
this project would be accomplished by voluntary acquisition of the
properties rather than condemnation of the properties by the City
or the Economic Development Agency.
COUNCIL MEMBER ARIAS EXCUSED
At 12:06 p.m., Council Member Arias left the Council meeting.
16
11/4/1996
COUNCIL MEMBER CURLIN EXCUSED
At 12:08 p.m., Council Member Curlin left the Council meeting.
Council Member Oberhelman stated that he still had some
concerns regarding this project; therefJre, it was the consensus of
the Mayor and Council to continue discussion of this item to 3:00
p.m.
RECESS MEETING
At 12:10 p.m., the Mayor and Common
Development Commission recessed to 2:00
Chambers of City Hall.
Council and Community
p.m. in the Council
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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin; City Attorney Penman, City Clerk
Rachel Clark. Absent: City Administrator Shauna Clark, Council
Members Anderson, Miller.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3589 - 941 NORTH "G" STREET - ROBERT DAHMS (20)
Bill Skiles, Code Compliance Manager, submitted a Staff Report
dated October 30, 1996, recommending denial of the appeal of the
Board of Building Commissioners' Order No. 3589.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of December 2,
1996.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 2:06 p.m., City Administrator Shauna Clark returned to the
Council meeting.
NEW BUSINESS - CLOSED SESSION (NB1)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter concerning
handicapped accessibility arose subsequent to the posting of the
agenda.
17
11/4/1996
NEW BUSINESS - CLOSED SESSION
(NB2)
Council Member Curlin made a mot.ion, seconded by Council
Member Oberhelman, and unanimously carried, that a matter to be
discussed by the Council in closed session under Item 1. B. ,
conference with legal counsel anticipated litigation
significant exposure to litigation, arose subsequent to the posting
of the agenda.
RECESS MEETING CLOSED SESSION (Discussed earlier in the
meeting - pages 1 & 9) (1)
At 2: 07 p. m., the Mayor and Common Council and Community
Development Commission recessed to closed session.
CLOSED SESSION
At 2:07 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Anderson, Miller.
Also present: Senior Assistant
Administrative Operations Supervisor
Office; and Chief of Police Dean.
City Attorney Carlyle and
Scroggin, City Attorney's
CHIEF OF POLICE DEAN EXCUSED
At 2:19 p.m., Chief of Police Dean left the closed session.
ADJOURN CLOSED SESSION
At 2: 24 p. m., the closed session adj ourned
regular meeting of the Mayor and Common Council
Development Commission.
to the joint
and Community
RECONVENE MEETING
At 2:24 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 Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Anderson.
18
11/4/1996
CLOSED SESSION ANNOUNCEMENT
meeting - pages 1, 9, & 18)
(Discussed earlier in the
(1)
City Attorney Penman announced that pursuant to Government
Code Section 54957.13, the City Council had agreed in closed
session to a settlement agreement between the City of San
Bernardino and the State Attorney General's Office relative to the
City's compliance with handicapped accessibility requirements. Mr.
Penman presented a synopsis of the items agreed upon and projected
completion dates.
CITY ATTORNEY PENMAN EXCUSED
At 2:34 p.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Empeno.
AUTHORIZE DEVELOPMENT CODE AMENDMENT - LOCATION CRITERIA
& DEVELOPMENT STANDARDS - TELECOMMlffiICATION ANTENNAE AND
MONOPOLES (34)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated November 4, 1996, recommending that
the Mayor and Council authorize staff to initiate a development
code amendment regarding location criteria and development
standards for telecommunication antennae and monopoles.
Director Hays, speaking from the podium, stated that there has
been an increase in the number of applications received for
monopoles and antennae, and it was staff's belief that it would be
to everyone's benefit to have certain development and locational
directives regarding same,
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council direct staff to initiate a development code
amendment to consider establishing locational criteria and
development standards for telecommunication antennae and monopoles.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:38 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3702 - 2336 PENNSYLVANIA AVENUE - ALFONSO FELIX
(Discussed later in the meeting - page 22) (18)
Bill Skiles, Code
Report dated October 11,
Building Commissioners'
said appeal.
Enforcement Manager, submitted a Staff
1996, regarding an appeal of the Board of
Order No. 2336 and recommending denial of
Mayor Minor opened the hearing.
19
11/4/1996
Mr. Skiles stated that all violations had been corrected
including removal of the inoperable vehicles and debris. The
appellant was appealing the fees incurred by the City in the amount
of $462.64.
Gilbert Almaraz, 2336 Pennsylvania Avenue, San Bernardino, CA,
spoke on behalf of Mr. Felix. He explained that Mr. Felix was
asking for the fee to be waived because he was 79 years old, he had
recently suffered a stroke, and he had a very limited income.
Discussion ensued regarding how the charges had been incurred
and the fact that at one time a program had been in place to assist
people in this type of situation.
Council Member Negrete made a motion, seconded by Council
Member Devlin, that the hearing be closed; that the Mayor and
Common Council deny the appeal and uphold Order No. 3702 of the
Board of Building Commissioners; that a payment agreement be worked
out with the parties involved; and that staff research the program
that at one time was in place to help people in this type of
situation.
The motion failed by the follow:'.ng vote:
Members Negrete, Oberhelman, Devlin. Nays:
Curlin, Arias, Miller. Absent: Counc~l Member
Ayes:
Council
Anderson.
Council
Members
It was noted by staff that since the motion failed, the Board
of Building Commissioners' order would stand.
HEARING - ADOPT BOARD OF BUILDING COMMISSIONERS' (BBC)
FINDINGS REAFFIRM BBC ORDER NOS. 3520, 3523, 3529,
3521, 3533, 3072, 3555, 3770 & 3771 - 2122 ARDEN; 2004,
2028, & 2050 NEWCOMB; 2122 MC KINLEY; 2075 & 2157 SUNRISE
- TOM WILLIAMS (Discussed later in the meeting - page
31) (21)
Bill Skiles, Code Compliance Manager, submitted a Staff Report
dated November 4, 1996, regarding the above referenced Board of
Building Commissioners' orders and property addresses.
City Attorney Penman submitted a Staff Report dated November
4, 1996, which contained a synopsis of previous Council actions
relative to the above referenced properties.
Mayor Minor opened the hearing.
Joe Lease, Inspection
Building Services, stated
outstanding Board of Building
Services Supervisor, Planning and
that all of the properties have
Commissioners' orders for demolition.
20
11/4/1996
Tom Williams, Tustin, CA, stated t:lat when he became the owner
of said properties, he had anticipated that he would be granted an
extension to rehabilitate them; however, it was apparent the City
had no intention of rehabilitating them, but intended to demolish
them instead. He stated that he did not want to go into an area
that was going to be demolished, and this had caused him a great
financial hardship.
Charlene Kobrine, Deputy City Attorney, commented that
extensions were granted on some of the properties, stating that the
original owner of the property (FDIC) appeared at the Board of
Building Commissioners' hearing in July 1996, and at that time
staff's recommendation was that permits be obtained within ten days
and rehabilitation completed within 30 days. She stated that Debra
Myers, attorney for the FDIC, addressed the Board of Building
Commissioners and FDIC was granted an extension of time, with the
ultimate BBC order being that they were to obtain permits within 60
days and complete rehabilitation withir. 90 days. Therefore, there
was an additional extension of time granted on the properties
located at 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050 Newcomb,
and 2122 McKinley.
Council Member Devlin made a mction, seconded by Council
Member Miller, and unanimously carried, that the hearing be closed;
and that the Mayor and Common Council sustain Board of Building
Commissioners' (BBC) Order Nos. 3520, 3523, 3529, 3521, 3533, 3072,
3555, 3770 and 3771 regarding 2122 Arden, 2028 Newcomb, 2004
Newcomb, 2050 Newcomb, 2122 McKinley, 2157 Sunrise and 2075
Sunrise, respectively; and
That the Mayor and Common Council adopt the findings made by
the Board of Building Commissioners that 2122 Arden, 2028 Newcomb,
2004 Newcomb, 2050 Newcomb, and 2122 McKinley did in fact
constitute public nuisances and/or dangerous buildings based on the
evidence, testimony, and argument of all interested parties present
at the hearing, including Attorney Debra Myers, representing the
property owner (the FDIC), and the Code Compliance staff reports
submitted to and adopted by the Board of Building Commissioners,
and sustain the July 18, 1996, BBC Order Nos. 3520, 3523, 3529,
3521, and 3533, which provides:
"Within sixty (60) days from the date of this order,
owner(s) of record shall obtain the required permits to
rehabilitate or demolish abandoned structure(s).
Rehabilitation or demolition shall be completed within
ninety (90) days from the date of this order."; and
That the Mayor and Common Council adopt the findings made by
the Board of Building Commissioners that 2157 Sunrise did in fact
constitute a public nuisance and/or dangerous building based on the
evidence, testimony, and argument of all interested parties present
at the hearing, including the Code Compliance staff report
21
11/4/1996
submitted to and adopted by the Board of Building Commissioners,
and sustain the December 22, 1995, 3BC Order No. 3072, which
provides:
"That the property owner apply for rehabilitation permits
within ten (10) days, obtain such permits within thirty
(30) days of said application, commence rehabilitation
within sixty (60) days of obtaining permits, and complete
rehabilitation within six (6) rr.onths thereafter, or
demolish the structure. If the property owner elects to
demolish the structure, he shall be directed to apply for
demolition permits within ten (10) days and complete
demolition within three (3) months thereafter."; and
That the Mayor and Common council adopt the findings made by
the Board of Building Commissioners that 2075 Sunrise did in fact
constitute a public nuisance and/or dangerous building based on the
evidence, testimony, and argument of all interested parties present
at the hearing, including the Code Compliance staff report
submitted to and adopted by the Board of Building Commissioners,
and sustain the July 19, 1996, BBC Order No. 3555 which provides:
"Within ten (10) days, owner(s) of record shall obtain
the required permits to rehabilitate or demolish
abandoned structure (s) . Rehabilitation or demolition
shall be completed within thirty 130) days."; and
That the Mayor and Common Council ratify the actions of the
Board of Building Commissioners at ti,e September 5, 1996, BBC
hearing regarding 2157 Sunrise and 2075 Sunrise, as reflected in
BBC Order Nos. 3770 and 3771.
City Attorney Penman indicated that he would submit the
Findings of Fact later in the meeting.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3702 - 2336 PENNSYLVANIA AVENUE - ALFONSO FELIX
(Discussed earlier in the meeting - page 19) (18)
Council Member Curlin made a mction, seconded by Council
Member Arias, that the Council reconscder their motion that the
hearing be closed; that the Mayor and Common Council deny the
appeal and uphold Order No. 3702 of the Board of Building
Commissioners; that a payment agreement be worked out with the
parties involved; and that staff research the program that at one
time was in place to help people in this type of situation.
The motion
Members Negrete,
Devlin, Miller.
carried by the follov,-ing vote: Ayes:
Curlin, Arias, Oberhelman. Nays: Council
Absent: Council Member Anderson_
Council
Members
22
11/4/1996
Council Member Negrete made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed;
that the Mayor and Common Council deny the appeal and uphold Order
No. 3702 of the Board of Building Commissioners; and that the
appellant be directed to work out a payment schedule with staff for
the $462.64 owed the City for costs incurred.
PUBLIC HEARING
DOMESTIC LIQUID
RECLAMATION PLANT
FIX & ESTABLISH
WASTE DISPOSAL
CHARGES
SERVICES
SEWER &
WATER
(22)
Bernard Kersey, General Manager, Water Department, submitted
a Staff Report dated October 21, 1996, regarding the adoption of a
domestic liquid waste fee,
Marjorie Hoverland, Administrative Services Supervisor, Water
Department, explained the charges for sewer and domestic liquid
waste disposal, stating that the Board of Water Commissioners had
already adopted said resolution.
Discussion ensued regarding the number of residents currently
connected to the sewer system and the fees charged by the City
compared to fees charged by surrounding entities.
RES. 96-347 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FIXING AND ESTABLISHING CHARGES FOR SERVICES AND
FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND
TREATMENT SYSTEM LOCATED INSLJE THE INCORPORATED
TERRITORY OF THE CITY; PROVIDIN3 THAT USERS LOCATED
OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY
RECEIVE SEWER SERVICES; AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO EXECUTE AGREEMENTS FOR
USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE
CITY SUBJECT TO CERTAIN TERMS AND CONDITIONS; AND
REPEALING RESOLUTION NOS. 95-101 AND 95-367. (22)
Council Member Miller made
Member Devlin, that the hearing be
be adopted.
a motion, seconded by Council
closed; and that said resolution
The motion carried, and Resolution No. 96-347
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Miller. Nays: None. Absent:
Anderson.
was adopted by
Curlin, Arias!
Council Member
CONSIDER YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) PROPOSAL
- RELOCATE DOWNTOWN BRANCH TO RUDY C. HERNANDEZ CENTER -
ASSUME CITY PROGRAMS AT SAID CENTER
(30)
23
11/4/1996
Lori Sassoon, Senior Administrative Analyst, City
Administrator's Office, submitted a Staff Report dated October 23,
1996, regarding the request received from the Young Mens Christian
Association (YMCA) to relocate its downtown branch operations to
the Rudy C. Hernandez Center and to assume operation of City
programs at the Center.
City Administrator Shauna Clark explained that when the City
was first approached in May of this year by the YMCA, staff thought
they wanted joint usage of Hernandez Center. She stated that the
Center is currently being very well run; however, the "Y" needs a
gym, and the City has the capacity to accommodate them. Since that
time, however, the "Y" has made it known that they want to totally
take over the facility, and staff felt this decision should be made
by the Council. Ms. Clark stated that staff could not make a
recommendation on this matter because certain questions needed to
be answered, such as: Can additional new services be provided for
residents through a partnership with tl:e YMCA? Can a partnership
result in a savings to the City without sacrificing service level
or quality? In other words, will the people that use the center
now for free still be allowed to use the center for free and will
they have as much accessibility?
Administrator Clark continued, stating that the "Y" has said
they will offer free memberships to those who can't afford it, but
staff never actually negotiated an agreement and does not have
anything in writing.
The following individuals expressed opposition to the City
affiliating with the YMCA in this matter:
Tim Batiuk, 1362 Pacific, San Bernardino, CA, representing San
Bernardino County Schools.
Tony Del Campo, 3011 North Genevieve Street, San Bernardino,
CA, speaking on behalf of Friends of Parks and Recreation.
Jesse
Recreation
California.
Washington, President-elect
Society, 155 East Wilbur
of California Park and
Road, Thousand Oaks,
Jeff pogie, P.O. Box 147, Angelus Caks, Ca, teacher at Fairfax
Community School.
Luis Trujillo, 624 West Third Street, Rialto,
instructional aide with San Bernardino County Schools.
CA,
an
Mike Sepulveda, 7807 Colwyn Avenue, Highland, CA.
24
11/4/1996
CITY ATTORNEY PENMAN EXCUSED
At 3:32 p.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
Candace Armijo, 815 West 19th Street, San Bernardino, CA, who
submitted a petition signed by 133 people opposing said action.
Lucille Cruz, 815 West 19th Street, San Bernardino, CA.
Dorothy Roper, 154 East Bryant Street, San Bernardino, CA, who
submitted a petition signed by 405 senior citizens and members of
her church opposing said action.
Chris Alfaro, 265 East Bryant Street, San Bernardino, CA.
Jerry Butler, 2875 Muscupiabe Drive, San Bernardino, CA.
Rudy Hernandez Jr., 174 North Allen Street, San Bernardino,
CA, spoke on behalf of the Hernandez family and members of the
community.
Gil J. Botello, 149 East Valley, San Bernardino, CA.
John H, Coleman, Program Vice Chairman, Westside Action Group.
Cheryl Brown, 1626 pennsylvania Street, San Bernardino, CA.
Vince Brock, 2731 West Seventh Stl-eet, San Bernardino, CA.
Vivian Ramirez, 1163 West 41st St2-eet, San Bernardino, CA.
Robert Jacobs, resident, San Bernardino, CA.
Juanita Scott, 1734 West Virginia Street, San Bernardino, CA.
James Beaumont, 141 West Second Street, San Bernardino, CA.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 4:03 p.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
The following individuals registered opposition to this matter
on their Speakers' Request to Address Council, but were not present
to speak:
Chris Lowry, 1362 Pacific Street, San Bernardino, CA.
Cynthia Miller, 4276 North Sierra Way, San Bernardino, CA.
25
11/4/1996
The following individual spoke in support of the YMCA's
proposal:
Jay Ward, 685 East Carnegie Drive, San Bernardino, CA,
Chairman of the YMCA, stated that the Center is currently under-
utilized, and the YMCA plans to expand the services offered. He
added that they have no intention of changing the name of the
Center and no individual will be turned away.
John Kramer, Recreation Superintendent, Parks, Recreation and
Community Services Department, asked the Council to weigh their
decision carefully. He recommended that Council direct staff to
prepare a report on the advantages and disadvantages of the
proposal before proceeding further, or table the matter at this
time.
Mayor Minor pointed out that the YMCA is not the enemy. He
noted, however, that Hernandez Center has been one of the golden
shining lights in the city, and he asked Council to cease
negotiations with the YMCA.
Discussion ensued regarding possible Covenants, Conditions and
Restrictions (CC&Rs) on the building which might prohibit the YMCA
from following through with their proposal; the substantial revenue
loss the City will realize if Proposition 218 passes; and the fact
that if there is a great loss in revenue the City will have to
consider going into partnerships with nonprofit organizations in
order to continue with those services currently furnished by the
City.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter be
tabled and negotiations with the YMCA be terminated.
Mayor Minor thanked Mr. Ward and the YMCA for making the
offer.
RECESS MEETING
At 4:16 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 4 :25 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 Rachel Clark
following being present: Mayor Minor; Council Members
Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney
City Clerk Rachel Clark, City Administrator Shauna Clark.
Council Member Anderson.
with the
Negrete,
Penman,
Absent:
26
11/4/1996
APPROVE - HOLIDAY CLOSURE SCHEDULE - 1996 & 1997 (31)
Barbara Dillon, Director of
Report dated October 21, 1996,
schedules for 1996 and 1997.
Personnel, submitted
rega::-ding the holiday
a Staff
closure
Discussion ensued concerning whether or not employees could be
required to utilize their accrued leave for those additional days
the City will be closed during the holidays that are not regularly
scheduled days off.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor and Common
Council require affected employees to take off Thursday, December
26, 1996, and Monday, December 30, 1996, using their own accrued
leave for the 1996-1997 holidays; and that the Mayor and Common
Council require affected employees to take off Friday, January 2,
1998, using their own accrued leave for the 1997-1998 holidays.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 3.04.010, 3.04,020, 3.04.060, 3.04.070,
3.04.075, 3.04.080, 3.04,085, 3.04.090, 3.04.100, AND
3.04.115 AND DELETING SECTIONS 2.06,010, 2.06.020,
3.04.030, 3.04.040, 3.04.050, 3.04.110 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING.
(Revisions to purchasing Ordinance) (Continued from
October 21, 1996) First (33)
Mayor Minor stated that at his request, City Attorney Penman
had agreed to table this matter.
Council Member Devlin made a mction, seconded by Council
Member Curlin, that the matter be tabled.
Council Member Curlin removed his second, and the motion
failed for lack of a second.
City Attorney Penman explained that even though he had agreed
to table the matter at this time, there are still problems in the
existing ordinance which will need tc be addressed in the near
future.
Council Member Devlin made a
Member Oberhelman, and unanimously
tabled.
fict.ion,
carried,
seconded by Council
that the matter be
CITY ATTORNEY PENMAN EXCUSED
At 4:28 p.m., City Attorney Penman left the meeting and was
replaced by Senior Assistant City Attorney Barlow.
27
11/4/1996
AUTHORIZE EXPENDITURE - $20,000 - PREPARE CONCEPTUAL PLAN
MT. VERNON AVENUE GRADE SEPAR..l\.TION OVER BURLINGTON
NORTHERN SANTA FE'S "A" YARD (23)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 15, 1996, recommending
approval of a budget transfer in the amount of $20,000 for
preparation of a conceptual plan for the Mt, Vernon Avenue grade
separation over Burlington Northern Santa Fe's "A" Yard.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the transfer of
$20,000, from Account No. 131-372-5504-7070, "Waterman Avenue and
Hospitality Lane," to Account No. 131-372-5504-7091, "Mt. Vernon
Avenue Grade Separation", for preparation of a conceptual plan and
preliminary estimate of cost for rehabilitation or replacement of
the Mt. Vernon Avenue grade separation over Burlington Northern
Santa Fe's "A" Yard, be approved.
AUTHORIZATION TO PROCEED - ESTABLISH ASSESSMENT DISTRICT
- CONSTRUCT RETAINING & PERIMETER WALLS, STREET LIGHTS,
& STREET IMPROVEMENTS - TENTATIVE TRACT NO. 14715 (24)
Roger Hardgrave, Director of Public Works/City
submitted a Staff Report dated October 24, 1996,
authorization to proceed with the establishment of an
district for construction of improvements in Tract No.
Engineer,
regarding
assessment
14715.
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the City Clerk and
City Engineer be authorized to proceed under Chapter 12.90 of the
San Bernardino Municipal Code, with the establishment of an
assessment district for construction of retaining and perimeter
walls, street lights, and street improvements, in connection with
the development of Tentative Tract No. 14715.
Council Member Oberhelman pointed out that the developer is
Emblem Development, who has incurred several weed abatement liens
for failure to clean and maintain their properties.
DEFAULT OF CONTRACT - TOYO LANDSCAPING COMPANY - AWARD
CONTRACT TO SECOND HIGHEST BIDDER FOR REMAINDER OF
CONTRACT TERM DESERT GREEN, INC., LANDSCAPE
MAINTENANCE - ASSESSMENT DISTRICT ~O. 959 (SHANDIN HILLS
AREA) (25)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 23, 1996, recommending that
the Council award the remainder of the contract for landscape
maintenance for Assessment District No. 959 (Shandin Hills) to the
second highest bidder, Desert Green, Inc., since Toyo Landscaping
Company had defaulted on the contract.
28
11/4/1996
Council Member Devlin made a mction, seconded by Council
Member Negrete, and unanimously carried, that the report from the
Director of Public Works/City Engineer, relative to the termination
of a contract with Toyo Landscaping Company for the maintenance of
landscaping in Assessment District No. 959 (Shandin Hills Area),
and the awarding of a contract to Desert Green, Inc., for the
remainder of the contract term, be received and filed pursuant to
Resolution No. 94-358.
AUTHORIZATION TO ESTABLISH - TELECONFERENCING CENTER -
CHANNEL 3 STUDIO (26)
Frank Keller, Cable Television Manager, Telecommunications,
submitted a Staff Report dated october 21, 1996, recommending that
the Council authorize establishment of a teleconferencing center at
the Channel 3 studio.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Telecommunications
staff be authorized to pursue the development of a teleconferencing
center at the Channel 3 Studio; and that staff be directed to
develop and issue a Request for Proposal (RFP) for
telecommunications services and equipment required for the center,
stipulating that the equipment will be provided at no cost to the
City.
AUTHORIZE REQUEST FOR PROPOSALS IMPLEMENTATION OF
INFORMATION SYSTEMS NETWORK UPGRADE PLAN (27)
Janis Ingels, Director of Management Information Services,
submitted a Staff Report dated October 29, 1996, regarding
implementation of the Information Systems Network Upgrade Plan.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that staff be directed
to develop and issue a Request for Proposals (RFP) for project
management services to assist in the implementation of the
Information Systems Network Upgrade Plan.
APPROVE - 1997 REGULAR MEETING DATES - MAYOR & COMMON
COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS (28)
City Clerk Rachel Clark submitted a Staff Report dated October
24, 1996, recommending dates for the regular meetings of the Mayor
and Common Council and Community Development Commission during
1997.
29
11/4/1996
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the Mayor and Common
Council/Community Development Commission approve the following 1997
regular meeting dates of the Mayor and Common Council/Community
Development Commission: January 13 and 27; February 3 and 17;
March 3 and 17; April 7 and 21; May 5 and 19; June 2 and 16; July
7 and 21; August 4 and 18; September 2 and 15; October 6 and 20;
November 3 and 17; and December 1 and 15, 1997.
APPROVE FINANCING PLAN - FUND EMERGENCY MEDICAL SERVICES
(EMS) TRANSPORT ENTERPRISE FUND - $1,450,000 - TO COVER
START-UP COSTS (29)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated October 24, 1996, regarding a loan to the Emergency Medical
Services (EMS) Transport Enterprise Fund in the amount of
$1,450,000 to cover start-up costs.
Chuck Franklin, Director of Operations, American Medical
Response, 338 West Seventh Street, San Bernardino, CA, stated that
any public monies approved by the City would be at the City's own
risk.
Discussion ensued regarding said funds, and Ci ty Administrator
Shauna Clark explained that staff would be using cash on hand for
these funds; that it would not affect the fund balances, but rather
the cash balances.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council approve the
implementation of the financing outlined by the Director of Finance
for funding of the EMS Transport start-up costs.
The motion carried by the following vote:
Members Negrete, Arias, Oberhelman, Devlin, Miller.
Member Curlin. Absent: Council Member Anderson.
Ayes:
Nays:
Council
Council
RES. 96-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXPENDITURE OF $20,000 IN SALARY/BENEFIT
SAVINGS FROM THE POLICE DEPARTMENT'S GENERAL FUND BUDGET
TO FUND THE FY 1996/97 LOCAL CASH MATCH PORTION OF THE
SECOND ALLOTMENT OF (11) POLICE OFFICER POSITIONS
PROVIDED BY THE COPS UNIVERSAL HIRING PROGRAM GRANT.
(32)
Council Member Oberhelman made a motion, seconded by Council
Member Arias, that said resolution be adopted.
Resolution No. 96 -348 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Anderson.
30
11/4/1996
RES. 96-349 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO AVILA CONSTRUCTION, INC., FOR
INSTALLATION OF STREET IMPROVEMENTS ON KENDALL DRIVE,
EAST OF DEVIL' S CREEK CHANNEL, RANCHO AVENUE AT BELLEVIEW
AVENUE, AND PENNSYLVANIA AVENUE (WEST SIDE), NORTH OF
BASE LINE STREET. (Sl)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the transfer of $20,000 from Account No. 126-
369-5504-7054, "Kendall Drive at Littlefield/Shultis Park," to
Account No. 126-369-5504-7055, "Rancho Avenue Improvements," and
that the allocation under Account No. 126-369-5504-7055 be
increased by $7,738 to reflect participation by two adjoining
property owners; and that said resolution be adopted.
The motion carried, and Resolution No, 96-349
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Miller. Nays: None. Absent:
Anderson.
was adopted by
Curlin, Arias,
Council Member
HEARING - ADOPT BOARD OF BUILDING COMMISSIONERS' (BBC)
FINDINGS REAFFIRM BBC ORDER NOS. 3520, 3523, 3529,
3521, 3533, 3072, 3555, 3770 & 3771 - 2122 ARDEN; 2004,
2028, & 2050 NEWCOMB; 2122 MC KINLEY; 2075 & 2157 SUNRISE
- TOM WILLIAMS (Discussed earlier in the meeting - page
20) (21)
Senior Assistant City Attorney Barlow stated that the Findings
of Fact had been distributed by staff.
Council Member Miller made a motion,
Member Oberhelman, and unanimously carried,
Fact be approved.
seconded by Council
that the Findings of
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 4:45 p.m., City Administrator Shauna Clark left the Council
meeting.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
SPECIAL COUNSEL SABO RETURNED
At 4:45 p.m., Economic Development Agency
Steinhaus and Economic Development Agency Special
returned to the Council meeting.
&
Administrator
Counsel Sabo
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 4:45 p.m., Chairman Minor reconvened the joint regular
meeting of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority and Mayor and Common Council.
JOINT
PARK
JOINT
31
11/4/1996
PUBLIC HEARING DOWNTOWN CINENA COMPLEX
earlier in the meeting - page 15)
(Discussed
(R7)
Council Member Oberhelman questioned the length of time needed
to complete the proj ect, suggested that performance dates be
included in the agreement, and asked whether the cinema would be
located on any Agency-owned property.
Rex Swanson, President, Metropolitan Development and
Associates, noted that the acquisition phase alone would take
approximately six months and explained the timelines for various
phases of the development.
Ron Winkler, Development Director, Economic Development
Agency, stated that portions of the complex would be located on
Agency-owned property. He also explained the procedure to be
followed if the project were to go over budget, including the fact
that all budget modifications would come before the Commission for
review.
RES. 96-350 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MDA-SAN BERNARDINO ASSOCIATES, L.L.C. PERTAINING TO THE
DEVELOPMENT OF A MULTI-SCREEN CINEMA COMPLEX AND RELATED
COMMERCIAL FACILITIES. (R7A)
Council Member Negrete restated his motion, seconded by
Council Member Curlin, that said resolution be adopted.
Resolution No. 96-350 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Anderson
APPROVE - DISPOSITION & DEVELOPMENT AGREEMENT - PREMIS
PARTNERS (HATLE) - WAREHOUSE & DISTRIBUTION FACILITY
(R8)
RES. 96-351 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
PREMIS PARTNERS PERTAINING TO THE DEVELOPMENT OF A
WAREHOUSING AND DISTRIBUTION FACILITY. (Continued from
October 7, 1996) (R8A)
Council Member Devlin made a motion, seconded by Council
Member Miller, that said resolution be adopted.
32 11/4/1996
Resolution No. 96-351 was
Ayes: Council Members Negrete,
Miller. Nays: None. Absent:
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Council Member Anderson.
ADJOURNMENT (35)
At 5:00 p.m., the regular meeting of the Mayor and Common
Council was adjourned to 6:00 p.m., Tuesday, November 12, 1996, in
the Board of Education Building, 7'77 North "F" Street, San
Bernardino, California.
RACHEL G. CLARK
City Clerk
By
~ :fr$!
Deputy City Clerk
No. of Items: 40
No. of Hours: 7
33
11/4/1996