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Home My WebLink About10-08-1986 Minutes City of San Bernardino, California October 8, 1986 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Con~on Council of the City of San Bernardino at their Regular Meeting held Monday, Octo- ber b, 1986, at 9:06 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Monday, October 6, 1986, at 9:06 a.m., 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 on Tuesday, October 7, 1986, at 10:00 a.m., at the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernanlino was called to order by Mayor Pro Tempore Quiel at 7:45 a.m., in the Management Information Center (MIC), sixth Floor, City HaIl, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Quiel; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Member Estrada. RES. 8b-415 - RESOLUTION OF THE CITY OF SAN BERNARDINO SEEKING THE SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES FOR LEGISLATION LIMITING LIABILITY EXPOSURE FOR PARK AND RECREATIONAL FACILITIES. (2) (Continued from October 6, 1986) City Clerk Clark read the title of the resolution. Assistant City Attorney Sabourin answered questions regarding the purposes of the resolution. The Council discussed whether the posting of signs indicating user risk, thus reducing the City's liability for injuries occurring in public parks or recreation pro- grams, would have a chilling effect on park usage. MAYOR WILCOX ARRIVED At 7:55 a.m., Mayor Wilcox arrived at the Council Meeting. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Melnber Quiel, that said resolution be adopted. Resolution No. 86-415 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Members Hernandez, Marks. Ab- sent: Council Member Estrada. RES. 86-416 - RESOLU'rION OF 'rHE CI'l'Y OF SAN BERNARDINO AUTHORIZING THE EXECU'rION OF AN AMENDED JOINT POWERS AGREEMENT ESTABLISHING HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY. (4) (Continued from October 6, 1986) City Clerk Clark read the title of the resolution. In a memorandum dated October 8, 1986, Herbert B. Wessel, General Manager, Water Department, explained the procedure usually followed for approval of the purchase of a private utility, and how this procedure would relate to the City's purchase of Southern California Water Company. Mr. Wessel stated that usually the Courts will approve such a purchase based upon an appraisal which accurately establishes the company's "Capitalized Earnings". He also stated that the Public Utilities Commission had approved a rate increase each year for the next three years for the Southern California Water Company. In response to ques- tions, the Public Utilities Commission had stated that a petition could be filed in writing for either are-hearing or modification regarding this rate increase. In a memorandum dated October 8, 1986, Council Member Hernandez presented a copy of an article from The Sun Newspaper regarding an increase in water rates for South- ern California Water Company's customers and urged the City Water Department to request a petition for modifica- tion of increased water rates from the Public Utilities Commission and take any and all measures to stop the lat- est rate increase in water rates for the City. The Mayor and Council discussed how the rate increase granted to Southern California Water Company would affect the City's negotiations for acquisition of the system. Herb Wessel, General Manager, Water Department, ex- plained the evaluation of water systems. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. The Mayor and Council discussed amendments to the proposed resolution. Assistant City Attorney Sabourin answered questions regarding the proposed resolution and stated that it is a superceding document. Council Member Strickler made a motion, seconded by Council Member Quiel dnd unanimously carried, to amend said resolution by changing all references to "Highland System" to "Highland/Delmann Heights System", and to change Item 1, line 23 on page 4 by adding after the word "Bernardino" the phrase "or such other elected official as the Mayor and Common Council may determine.", and that said resolution be adopted as amended. vote: Quiel, Member Resolution No. 86-416 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to authorize and direct the City'S Authority members to re- 2 lO/8/86 quest the Authority's Special Legal Counsel to file a "Petition for Modification" with the Public Utilities Commission regarding the matter of an increased water rate for Southern California Water Company's San Bernardino operation. OR)). MC-546 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SAN BERNARDINO MUNICI- PAL CODE SECTION lS.57.040 SUBSECTION B RELATING TO CULTURAL DEVELOPMENT CONSTRUC- TION FEES AND FI;(ING A DATE UPON WHICH DEVELOPMENT PERMITS WILL BE SUBJECT TO SUCH FEES AND DECLARING 'rilE URGENCY T'HEREOF. (5 ) City Clerk Clark read the title of the ordinance. Council Member StricKler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived. Jim Robbins, Acting Superintendent, Building and Safety Department, stated he had requested that the effec- tive date for imposition of fees be consistent with the effective date of the ordinance, to allow Building & Safe- ty Department time to advise contractors and developers of a specific date the fees would be imposed. He further stated that the present position is that the Building and Safety Department is to retroactively charge commercial development an additional 1/2 % fee for all permits taken out after September 8, 198b. Mr. Robbins explained that if the urgency measure is adopted, his Department would be unable to give advance notice of the increase in fees. He recommended that the date for imposition and collection of any fee should be the day of or the day after the ordi- nance becomes law. Council Member Marks made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. 'rhe motion failed by the following vote: Council Members Reilly, Hernandez, Marks, Frazier. Council Members Quiel, Strickler. Absent: council Estrada. (Requires a 5/7 vote) Ayes: Noes: Member Council Member Marks made a motion, seconded by Council Member Hernandez, that the ordinance be given a first reading. The Mayor and Council discussed the problem concern- ing the effect of this ordinance on developers who have already submitted plans for plan check, but whose plans have not been completed. They would then be required to pay cultural development fees on completion of plan check. Jim RObbins, Acting Superintendent, Building & Safe- ty, answered questions regarding the plan check process. Council Member Marks made a substitute motion, seconded by Council Member Hernandez, that said ordinance be amended by deleting the words "and approved", line l3, page 1; and adding the words "and such plans are approved within l80 days of filing with the City" to the end of line 15, page 1, and adopt said ordinance as amended. The substitute motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, \.luiel, Frazier. Noes: Council Member Strickler. Absent: Council Member Estrada. 3 lO/d/86 CLOSED SESSION - TIPPECANOE AVENUE BRIDGE PROJECT - WALSH CASE - PERSONNEL MATTERS - THREATENED AND PENDING LITIGATION (LAST SUBJECT CONTINUED FROM OCTOBER 6, 1986) At 9:20 a.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed to a closed session to discuss the following itellls: Report of the Council Per- sonnel Committee Meeting of October 3, 1986, regarding PERS resolution for John Matzer, Jr.; pursuant to Govern- ment Code section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The titles of the litigation are City of San Bernardino et al vs. City of Riverside, et al (Tippecanoe Avenue Bridge project),- Superior-cour~caseNo. 223224 and Walsh, et al. vs. City of San Bernardino, et al., San Bernardino Superior Court caseli~199364; pursuant to Government Code Section 54957 to discuss personnel matters regarding the provision of two final compensation for retirement purposes of local miscellaneous members; and pursuant to Government Code Section 54956.9(b)(l) threatened and pending litigation. (1,3,6,7,8) CLOSED SESSION At 9:20 a.m., the Closed Session was called to order by Mayor Wilcox in the Management Information Center (MIC), sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (The public was excused from the room. ) ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; As- sistant City Attorney Sabourin, city Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. Also present: City Treasurer Graves, Administrative Assistant to the Mayor Bennecke, Finance Director Knudson, Attorney Art Varden. COUNCIL MEMBER MARKS EXCUSED At 10:00 a.m., Council Member Marks left the Closed Session. CITY TREASURER GRAVES, FINANCE DIRECTOR KNUDSON, ATTORNEY VARDEN EXCUSED At 10:00 a.m., City Treasurer Graves, Finance Direc- tor Knudson, and Attorney Art Varden were excused from the Closed Session. ADJOURNED CLOSED SESSION At 10:20 a.m., the Closed Session Adjourned to the Adjourned Regular Meeting in the Management Information Center (MIC), sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:20 a.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Reilly, Uuiel, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Marks. 4 lO/8/86 ADJOURN MEETING At lO:20 a.m., Council ['lember Reilly made a motion, seconded by Council Member Frazier and unanimously car- ried, that the meeting be adjourned to Monday, October 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~~. , 7t.{ .-" ... ~ / ci ty Clerk 5 10/8/86