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HomeMy WebLinkAbout06-27-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JUNE 27, 1994 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the adjourned regular meeting held at 8:00 a.m., Friday, June 24, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of the adjournment of said meeting held on Friday, June 24, 1994, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 2:30 p.m., Friday, June 24, 1994, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 10:10 a.m., Monday, June 27, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Member Devlin; Senior Assistant City Attorney Barlow; Deputy City Clerk Cordova; Ci ty Administrator Shauna Clark. Absent: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. LACK OF A QUORUM/RECESS MEETING At 10:10 a.m., due to the lack of a quorum, the adjourned regular meeting recessed to 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING OF RESOLUTIONS During the recess, Deputy City Clerk Cordova read the titles of all the resolutions on the adjourned regular agenda of the Mayor and Common Council. RECONVENE MEETING At 11:04 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 1 6-27-94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Oberhelman, Miller. PUBLIC HEARING - ASSESSMENT INCREASES - VARIOUS CHAPTER 12.90 ASSESSMENT DISTRICTS - FISCAL YEAR 1994/95 (2-U) This is the time and place set for a public hearing on various San Bernardino Municipal Code Chapter 12.90 assessment district increases for fiscal year 1994/95. In a memorandum dated June 6, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code and the Ralph M. Brown Act, public meeting and hearing dates were set for May 23, 1994 and June 27, 1994. Notices were sent to all affected property owners on May 2, 1994, which stated the applicable district number, the amount of the assessment and the dates, time and place for the public meeting and hearing. Mayor Minor opened the hearing. RES. 94-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, IN THE KENDALL AND WAGONWHEEL ROAD AREA. (2) Roger Hardgrave, Director of Public Works/City Engineer, stated that there are four parcels within Assessment District No. 951. Two letters of protest were received, which represents twenty-six (26%) percent of the property owners. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 951 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-167 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (3) 2 6-27-94 Director Hardgrave stated that within Zone 1 of Assessment District No. 952, there are 689 parcels; one (1) letter of protest was received, which represents .058 percent of the property owners; and within Zone 2, there are 87 parcels; and two (2) letters of protest were received, representing .36 percent of the property owners. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 952 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-168 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA) . (4) MAYOR MINOR EXCUSED At 11:09 a.m., Mayor Minor declared a conflict of interest and left the Council meeting. The duties of Mayor Pro Tern were assumed by Council Member Pope-Ludlam. Director Hardgrave stated that within Zone One of Assessment District No. 959, there are 291 parcels, and five (5) letters of protest were received, which represents .475 percent of the property owners. No protests were received from property owners in Zone Two. City Administrator Shauna Clark stated that this assessment district is involved in a pilot program whereby citizens within the district monitor the performance of the contractor. Colister Slater, 1030 W. Sierra View, San Bernardino, California, expressed opposition to the increased assessment. A discussion ensued relative to the expenditure of funds within the assessment district. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 959 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. 3 6-27-94 The motion carried and Resolution No. 94-169 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. MAYOR MINOR RETURNED At 11:14 a.m., Mayor Minor returned to the Council meeting and took his place at the council table. RES. 94-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (5) Director Hardgrave stated that there are 335 parcels within Assessment District No. 962, and three (3) letters of protest were received, which represents .01 percent of the property owners. Council Member Hernandez made a motion, seconded by Council Member Devlin, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 962 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-170 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-171 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR DISTRICT NO. 963, FOR THE MAINTENANCE OF A STATION IN PORTIONS OF ALLEN STREET, NORTH AVENUE IN THE CITY OF SAN BERNARDINO. BERNARDINO ASSESSMENT SEWER LIFT OF CENTRAL (6) Director Hardgrave stated that there are 28 parcels within Assessment District No. 963, and no letters of protest have been received. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 963 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-171 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. 4 6-27-94 RES. 94-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (7) Director Hardgrave stated that there are 208 parcels within Assessment District No. 989, and sixty-three (63) letters of protests were received, which represents thirty (30%) percent of the property owners. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 989 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-172 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (8) Director Hardgrave stated that he received a memorandum from Tim Steinhaus, Agency Administrator, Economic Development Agency, stating that the Agency has retained security services which would be adequate to service the area. Consequently, it is recommended that the security services provided by Assessment District No. 990 be suspended until reinstated by the Mayor and Common Council, thereby reducing the assessment amount to property owners from $728.05 to $390. The property owners within Zone Two will be assessed at the fiscal year 1993/94 level for fiscal years 1994/95 and 1995/96. A discussion was held relative to the security services provided to the property owners within the assessment district. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 990 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-173 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. 5 6-27-94 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (9) Director Hardgrave stated that there are 138 parcels within Assessment District No. 991, and 88 letters of protest were received, which represents sixty-four (64%) percent of the property owners. Mr. Hardgrave answered questions regarding the increase to the assessment district. Lucille Burton, 6731 N. Huntington Drive, San Bernardino, CA, expressed opposition to the assessment district increase because of the poor performance exhibited by the contractor. Mr. Hardgrave answered questions regarding the area within the assessment district and the services provided by the contractor. Mike Moll, 6705 N. Steven way, San Bernardino, CA, expressed opposition to the increase because of the poor landscape services provided, and expressed concern regarding the administration of Assessment District No. 991. Verne Nadeau, Real Property Supervisor, answered questions regarding the costs and inspections associated with the maintenance of the assessment district. A discussion ensued regarding the purpose, formation and enforcement of assessment districts. Terry Moll, 6705 N. Steven Way, San Bernardino, CA, provided correspondence dated June 10, 13, 24 and 27, 1994, which outlines the services provided within Assessment District No. 991; and expressed opposition to the assessment district increase because of the poor services being provided by the contractor. Barbara Corral, 3031 W. Meyers Road, San Bernardino, CA, expressed opposition to the Assessment District No. 991 increase. Council Member Curlin made a motion, seconded by Council Member pope-Ludlam, that the hearing be closed; that the matter be continued to July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that further reading of the resolution be waived. Council Member Curlin made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of the resolution be waived; and that the hearing on the matter be continued to July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:05 p.m., Mayor Minor declared a five-minute recess. 6 6-27-94 RECONVENE MEETING At 12:10 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVE. AND OHIO AVE. (10) Director Hardgrave stated that the assessment for Assessment District No. 997 has increased from $17.05 to $25.38; and explained that there are 113 parcels within the district. No letters of protest were received. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 997 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-174 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-175 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR DISTRICT NO. 1002, LANDSCAPING MAINTENANCE, STREET AREA. BERNARDINO ASSESSMENT NORTH "H" (11) City Engineer Hardgrave stated that there are 286 parcels within Assessment District No. 1002, and no letters of protest were received. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 1002 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. 7 6-27-94 The motion carried and Resolution No. 94-175 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. RES. 94-176 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR DISTRICT NO. 1005, LANDSCAPING MAINTENANCE, PEPPER LINDEN DRIVE AREA. BERNARDINO ASSESSMENT CAJON AND (12) City Engineer Hardgrave stated that the assessment for Assessment District No. 1005 has increased from $30.92 to $162.04; and explained that there are 101 parcels within the district. Three (3) letters of protest were received, which represents three (3%) percent of the property owners. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the protests, if any, on the fiscal year 1994/95 increase for Assessment District No. 1005 be overruled; that further reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 94-176 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Negrete, Oberhelman, Miller. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET FOR SAID CITY FOR THE FISCAL YEAR 1994-1995 PENDING ADOPTION OF THE 1994-1995 FINAL BUDGET. ( 13 ) RESOLUTION OF THE CITY OF ADOPTING THE FINAL BUDGET YEAR 1994-1995. SAN BERNARDINO APPROVING AND OF SAID CITY FOR THE FISCAL (13) NOTE: These resolutions adopting the fiscal year 1994/95 budget were approved at the June 23, 1994 meeting of the Mayor and Common Council; therefore, no action was taken on this item at this meeting. RECESS MEETING - CLOSED SESSION (1) At 12:13 p.m., the Mayor and Common Council recessed to closed session for the following: 8 6-27-94 1. Pursuant to Government Code Section 54956.9(a): A. Conference With Legal Counsel - Existing Litigation: (1) Zofia Tvrakowska vs. City of San Bernardino, et al - United States District Court Case No. CV 92-379 GLT (RWRx); Ninth Circuit Court of Appeals Case No. 94-55137. B. Conference With Legal Counsel - Anticipated Litigation: (1) Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: One potential case. CLOSED SESSION At 12:13 p.m., Mayor Minor called the closed session to order in the conference room of 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, Hernandez, Devlin; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Oberhelman, Pope-Ludlam, Miller. DEPUTY CITY ATTORNEY RHEMREV & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED At 12 :15 p.m., Deputy City Attorney Rhemrev and Administrative Operations Supervisor Scroggin, City Attorney's Office, arrived at the closed session. COUNCIL MEMBER At 12:16 p.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the SENIOR ASSISTANT CITY ATTORNEY MORILLO ARRIVED At 12:28 p.m., Senior Assistant City Attorney Morillo arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 12:33 p.m., Deputy City Attorney Rhemrev left the closed session. COUNCIL MEMBER MILLER ARRIVED At 12:44 p.m., Council Member Miller arrived at the closed session. ADJOURN CLOSED SESSION At 1:03 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. 9 6-27-94 RECONVENE MEETING At 1:03 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Oberhelman. RECESS MEETING (14) At 1:04 p.m., the adjourned regular meeting of the Mayor and Common Council recessed to 4:00 p.m., Tuesday, June 28, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By: ~I . /V ,~~ /J.</!~i4 u,ianna Cordova Diputy City Clerk / No. of Items: 14 No. of Hours: 2 10 6-27-94