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HomeMy WebLinkAbout01-09-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 9, 1995 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 regular meeting held at 8:00 a.m., Monday, January 2, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A quorum not being present, the City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Monday, January 2, 1995, and has on file in the Office of the City Clerk an affidavit of posting said Notice of Adjournment which was posted at 4:00 p.m. on Wednesday, January 4, 1995, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council was called to order by Mayor Minor at 8:04 a.m., Monday, January 9, 1995, 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 Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. City Attorney Penman announced that the following additional cases would be discussed in closed session. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Cook vs. Carousel Mall - San Bernardino Superior Court Case No. SCV 07595; Patel vs. Citv of San Bernardino - United States District Court Case No. CV 91-1420RG (Kx) RECESS MEETING - CLOSED SESSION At 8: 04 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1 1/9/95 1. Pursuant to Government Code Sections. (A) Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Manta Manaoement Corooration vs. Citv of San Bernardino - United States District Court Case No. CV-ED94-251 RT (Mcx) ; Aaron Enboro, et al. vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 268606; Stubblefield Construction Comoanv, et al. vs. Citv of San Bernardino San Bernardino Superior Court Case Nos. 242998 & 2252058. (B) Conference with legal counsel - anticipated litigation: Significant subdivision casej exposure to litigation pursuant (b) of Government Code Section 54956.9: to one Initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9(c): one case. 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, 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 Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Margaret Scroggin, Attorney's Office. Senior Assistant City Attorney Barlow and Administrative Operations Supervisor, City READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ATTORNEY JOSEPH ARIAS ARRIVED At 8:07 a.m., Attorney Joseph Arias of MacLachlan, Burford & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA, arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:12 a.m., Deputy City Attorney Empeno arrived at the closed session. 2 1/9/95 COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:14 a.m., Council Member Pope-Ludlam arrived at the closed session. ATTORNEY ARIAS & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:32 a.m., Attorney Joseph Arias of MacLachlan, Burford, & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA; and Deputy City Attorney Empeno left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:32 a.m., Deputy City Attorney Rhemrev arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:41 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:53 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9: 02 a. m., Mayor Pro Tem Pope-Ludlam 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 Pro Tern Pope-Ludlam; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Reverend Eugene Fenton, Trinity Lutheran Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3) City Attorney Penman announced that the City had been successful in winning the Super 7 Motel case in Federal Court. He commended Senior Deputy City Attorney Simmons on his handling of this case and thanked members of the Planning and Building Services Department for their support. 3 1/9/95 ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin expressed sympathy for the flood victims in Northern California. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman commended staff of the Telecommunications Department, Channel 3, for their work in producing a video to be used by the Easter Seal Society. The video was submitted to a National Easter Seal Society competition where over 200 TV stations, including national TV affiliates, competed; and Channel 3 is now one of two statioLs nation-wide that has been nominated for the best local profile of an Easter Seal Program. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3C) Council Member Pope-Ludlam spoke in appreciation for Channel 3 and staff. She also noted that Monday, January 16, 1995, would commemorate Martin Luther King, Jr.'s birthday and invited everyone to a prayer breakfast to be held at 7: 00 a. m. at Kola Shanah restaurant, 1746 North Mt. Vernon, San Bernardino, California. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3D) City Attorney Penman announced that the City's smoking policy, Ordinance MC-905, is stronger than Assembly Bill 13, which became effective January 1, 1995; therefore, the City's ordinance would prevail and would be enforced. Smoking is prohibited in all restaurants within the city except in the bar areas. All questions and complaints should be referred to the City Attorney's Office. Discussion ensued regarding the differences in the two no- smoking laws and the merits of rescinding the City's ordinance in favor of Assembly Bill 13. CITY ATTORNEY PENMAN EXCUSED At 9:17 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. PUBLIC COMMENTS - RICHARD KALER (4) Richard Kaler, 1373 Cedar Street, San Bernardino, CA, spoke on the positive aspects of being a senior citizen. PUBLIC COMMENTS - DONNA CONANT (4A) Donna Conant, 1200 Hill Drive, San Bernardino, CA, thanked the Mayor and Council for making it possible for her to feed the homeless at Seccombe Lake Park; expressed concern over the 4 1/9/95 contention between Jeff Wright and the Council; and, requested clarification as to where she should submit a request for a waiver of fees for International Togetherness Day, which will be celebrated on March 24, 1995. PUBLIC COMMENTS - RUBEN LOPEZ (4B) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, thanked the San Bernardino Police Department, the San Bernardino County Sheriff's Department, and the California Highway Patrol for their involvement in Operation Safe Streets. PUBLIC COMMENTS - JOAN MONGIELLO (4e) Joan Mongiello, 1804 State Street, San Bernardino, CA, spoke in opposition to the code enforcement process and actions taken by the Planning and Building Services Department staff. PUBLIC COMMENTS - RAY PAVAO (4D) Ray Pavao, 5004 North Acacia, San Bernardino, CA, thanked the Mayor and Council for trimming the trees in his area and appealed to the Council to address issues rather than personalities throughout the coming year. PUBLIC COMMENTS - BRIAN PLANT (4E) Brian Plant, 498 West Court Street, San Bernardino, CA, spoke on the causes of crime and various City issues. PUBLIC COMMENTS - JEFF WRIGHT (4F) Jeff need for strategy. Wright, P.O. Box 2341, San Bernardino, CA, spoke on the Harris' department store to change their marketing PUBLIC COMMENTS - ROGER DUMAS (4G) Roger Dumas, 498 West Court Street, San Bernardino, CA, addressed the Council on various matters. PUBLIC COMMENTS - BOB MATICH (4H) Bob Matich, 3096 Fremontia Drive, San Bernardino, CA, spoke regarding the profit margin allowed to Matich Corporation for change orders on the Norton Air Force Base Reuse Development Project. He noted that all change order work had been done by subcontractors, and he is allowed only 5 percent of amounts over $5,000. 5 1/9/95 CLAIMS AND PAYROLL (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated January 2, 1995, from the Director of Finance, be approved. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the adjourned regular meeting agenda be waived. Council Member Devlin asked that the record reflect that every time Jeff wright disrupts the Council ~eeting and the Mayor reads Section 403 of the California Penal Code and Section 9.12.010 of the San Bernardino Municipal Code regarding disruption of public meetings, Jeff leaves the meeting before the Mayor has read the complete statement. Senior Assistant City Attorney Barlow noted that Jeff Wright is given a copy of the document that the Mayor reads. MAYOR MINOR RETURNED At 9:53 a.m., Mayor Minor returned to the Council meeting and took his place at the council table. COUNCIL MINUTES (6) Council Member Devlin stated that he would vote of the minutes for October 3, and October 17, 1994; would abstain from voting on the minutes of November to his absence on that date. for approval however, he 7, 1994, due Council Member Hernandez made a motion, seconded by Council Member Oberhelman, 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 submitted in typewritten form: October 3, 1994; October 17, 1994; and November 7, 1994. RES. 95-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (7) Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned the number of liens and what they were for. 6 1/9/95 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-1 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:56 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. RES. 95-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO DIGITAL DISPLAY & SOUND FOR THE FURNISHING, DELIVERY AND INSTALLATION OF FIRE STATION ALERTING AMPLIFICATION SYSTEMS REPLACEMENT, TO BE UTILIZED BY THE FIRE DEPARTMENT =N ACCORDANCE WITH BID SPECIFICATION F-95-14. (8) Council Member Hernandez made a notion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 95-2 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, AUTHORIZE OUT-OF-STATE TRAVEL - TRllliSFER OF FUNDS - ELIAS SHEHAB, SEWER MAINTENANCE SUPERVISOR - SEWER MAINTENANCE TRAINING COURSE FEBRUARY 13-15, 1995 COLLEGE OF ENGINEERING, UNIVERSITY OF WISCONSIN, MADISON, WISCONSIN (9) Jim Howell, Assistant Director, Public Services Department, submitted a Staff Report dated December 20, 1994, concerning the Sewer Maintenance Training Course to be held February 13-15, 1995, at the University of Wisconsin, College of Engineering in Madison, Wisconsin. Discussion ensued regarding the expense and importance of preventative maintenance for the sewers. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that Elias Shehab, Sewer Maintenance Supervisor, be authorized to travel out of state and attend a Sewer Maintenance Training Course to be conducted by the College of Engineering, University of Wisconsin, Madison, wisconsin, from February 13-15, 1995; and that funds in the amount of $2,050 be transferred from Account No. 001-403-54104, Other Professional Services, to Account No. 001-403-53312, Education and Training, to provide specialized sewer maintenance training for Elias Shehab, Sewer Maintenance Supervisor. 7 1/9/95 PERSONNEL ACTIONS (11) Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 22, 1994, in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 95-3 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 80 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE WIDENING OF THE SOUTH HE" STREET BRIDGE OVER THE SANTA ANA RIVER. (12) Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-3 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 95-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RVC ROADWAY CONSTRUCTION, INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS ON PEPPER AVENUE, SOUTH OF MILL STREET. (13) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-4 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS TRANSFER OF FUNDS -- INSTALL TRAFFIC SIGNALS & DRAINAGE IMPROVEMENTS KENDALL DRIVE & PH" STREET - PLAN NO. 9201 (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 9, 1994, relative to the approval of plans and authorization to advertise for bids for installation of traffic signals and drainage improvements at Kendall Drive and "H" Street. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $16,000, from Account No. 250-670-57477, Minor Improvements-Various Locations, to Account No. 250-670-57398, Kendall/"H" Street Traffic Signals, be approved; and that the plans for installation of 8 1/9/95 traffic signals and drainage improvements at Kendall Drive and "H" Street, in accordance with Plan No. 9201, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS TRANSFER OF FUNDS - INSTALL TRAFFIC SIGNALS & STREET WIDENING - "E" & 34TH STREETS - PLAN NO. 9190 (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 9, 1994, relative to the approval of plans and authorization to advertise for bids for installation of traffic signals and street widening at "E" and 34th Streets. Discussion ensued regarding the merits of installing traffic signals at this location to replace the current traffic markings. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the transfer of $30,000 from Account No. 131-000-30405, Unappropriated Reserve, to Account No. 131-367-56410, Traffic Signals-"E" & 34th Streets, be approved; that the plans for installation of traffic signals and minor street widening at "E" and 34th Streets, in accordance with Plan No. 9190, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - MR. LUTHER FAIR - ABATEMENT OF WEEDS - 2600 BLOCK OF WEST RIALTO AVENUE - ASSESSOR PARCEL NCS. 0142-062-06 & 0142- 062-08 - CONTINUED FROM NOVEMBER 21, 1994 (16) This is the time and place continued to for appeal of the Board of Building Commissioners decision relative to abatement of weeds in the 2600 block of West Rialto Avenue, Assessor Parcel Nos. 0142-062-06 and 0142-062-08. Pat Malloy, Director of Public Services, submitted a Staff Report dated January 3, 1995, concerning Luther Fair's appeal of the Board of Building Commissioners decision regarding the weed abatement services performed on Assessor Parcel Nos. 0142-062-06 and 0142-062-08. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to January 23, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 10:10 a.m., Mayor Minor declared a five-minute recess. 9 1/9/95 RECONVENE MEETING At 10:17 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. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RAISING THE MINIMUM VALUE OF CITY PROPERTY TO BE SOLD PURSUANT TO COMPETITIVE BID AND PROVIDING THAT SALES TO PUBLIC AGENCIES WOULD NOT REQUIRE COMPETITIVE BID. (17) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: There was no vote taken.) Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked the reason for proposing this charter amendment. Director Hardgrave explained that it would streamline administrative procedures, since there are very few parcels of land that have a market value under $2,000; and added that State law allows sales to other public agencies without a public hearing. City Administrator Shauna Clark stated she did not think the proposed value of $25,000 was high enough; and that the City should list property for sale in the same manner as private individuals as long as the sale price is not less than the appraised value. Discussion ensued regarding the process to be followed for the sale of City-owned property. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:22 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at ~he council table. Shauna Clark, City Administrator, recommended that the Council refer this item to the Legislative Review Committee and revise the charter amendment to give more flexibility than currently being proposed. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be referred to the Legislative Review Committee and continued to 10 1/9/95 February 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 95-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE REHABILITATION OF PAVEMENT ON STERLING AVENUE, FROM STATE ROUTE 30 TO LYNWOOD DRIVE; AND THE INSTALLATION OF TRAFFIC SIGNALS AT STERLING AVENUE AND DATE STREET. (18) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-5 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 95~6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR CONSTRUCTION OF BR=DGES ACROSS THE TWIN CREEK FLOOD CONTROL CHANNEL AND THE SANTA ANA RIVER - FOR THE ORANGE SHOW ROAD EXTENSION RIGHT-OF-WAY. (19) Jeff Wright, P.O. Box 2341, San Bernardino, CA, inquired about the environmental impact report for this project. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Council Members Miller. Nays: No. 95-6 was adopted by the following vote: Ayes: Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Council Member Hernandez. Absent: None. RES. 95~7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF PEPPER BASIN (NORTHEAST CORNER OF MILL STREET AND PEPPER AVENUE) RIGHT-O?-WAY. (20) Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned whether the project would be funded by San Bernardino County and the final cost of the project. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 95-7 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 11 1/9/95 RES. 95-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2781, FOR THE AREA GENERALLY LOCATED SOUTHWEST OF THE 1-215 FREEWAY, SOUTHEAST OF THE 1--15 FREEWAY. (21) In response to an inquiry by Council regarding the timeliness of presenting this matter for Council approval, Director Roger Hardgrave explained that the distribution of property taxes is prepared by the County of San Bernardino and is brought to the Council for ratification as soon as the City receives it from the County. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern regarding whether people had been notified and provided adequate opportunity for a public hearing, since annexation to the City would ultimately be proposed for this area. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that: said resolution be adopted. Resolution Council Members Miller. Nays: No. 95-8 was adopted by the following vote: Ayes: Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Council Member Hernandez. Absent: None. RES. 95-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF STREET AND HIGHWAY EASEMENTS FOR PORTIONS OF BOTH SIDES OF TIPPECANOE AVENUE BETWEEN THE 1-10 FREEWAY AND ROSEWOOD DRIVE, SAN BERNARDINO, CALIFORNIA, AND CERTIFYING THE WORK OF THE APPRAISER. (22) Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked for the location of Rosewood Drive and whether the residents were going to be notified. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that the Director of Public Works/City Engineer be authorized to do all things necessary to bring the acquisition to a timely conclusion and to obtain a review appraisal, if necessary, and initiate eminent domain proceedings through the City Attorney's Office, if necessary. The motion carried, and Resolution No. 95-9 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DevliIl, Pope-Ludlam, Miller. Nays: None. Absent: None. 12 1/9/95 AMEND ASSESSMENT DISTRICT NO. 952 ZONE THREE BOUNDARIES - STATE COLLEGE AREA LANDSCAPE MAINTENANCE DISTRICT AUTHORIZATION TO PROCEED (23) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 13, 1994, concerning the proposed expansion of Assessment District No. 952, Zone Three. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the expansion of boundaries of Assessment District No. 952 Zone Three, State College Area Landscape Maintenance District, under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. CONTRACT CHANGE ORDER NO. SIX REVISED MATICH CORPORATION - STREET CONSTRUCTION IMPROVEMENTS - INSTALL ADDITIONAL WATER MAINLINES & ABANDON EXISTING WATER MAINLINE SYSTEM - TIPPECANOE AVENUE, "C" STREET & DEL ROSA DRIVE - CONTRACT INCREASE - $150,000 PLAN NO. 9053 (24) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 14, 1994, relative to revised Change Order No. Six for construction of street improvements on Tippecanoe Avenue, "C" Street, and Del Rosa Drive. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that Revised Change Order No. Six with Matich Corporation for the construction of street improvements on Tippecanoe Avenue, "C" Street and Del Rosa Drive, in accordance with Plan No. 9053, be approved; and that the contractor be authorized to install additional water mainlines and abandon the existing water line system on Tippecanoe Avenue, "C" Street, and Del Rosa Drive, at a net increase to the contract price not-to- exceed $150,000; from $4,590,498.87 to $4,740,498.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. INSTALL MT. VERNON AVENUE STORM DRAIN - EAST BRANCH OF LYTLE CREEK FLOOD CONTROL CHANNEL TO INTERSECTION OF MT. VERNON AVENUE & BASELINE STREET APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS - PLAN NO. 9133 (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 20, 1994, regarding the approval of plans and authorization to advertise for bids for installation of the Mt. Vernon Avenue storm drain from the east 13 1/9/95 branch of the Lytle Creek Flood Control Channel to the intersection of Mt. Vernon Avenue and Baseline Street. A discussion was held regarding the water flow in this area and problems that would be alleviated by the construction of the storm drain. It was noted that the money for this project comes from developers' fees and Economic Development Agency funds. Council Member Hernandez made a notion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the amount of the City's share of the Mt. Vernon Avenue Storm Drain Project be increased from $265,000 to $670,000, and the amount of revenue from the Economic Development Agency be decreased from $3,585,000 to $2,470,000, under Account No. 248-368-57829; and that the plans for construction of the Mt. Vernon Avenue Storm Drain, in accordance with Plan No. 9133, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. ORD. MC-930 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.2.5 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A PROGRAM TO IMPROVE RENTAL HOUSING. Final (26) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-930 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RECESS MEETING At 10:55 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:03 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 nD" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. AbseIlt: None. 14 1/9/95 COMMUNITY DEVELOPMENT COMMISSION ADJOURNED REGULAR MEETING At 11:03 a.m., Chairman Minor called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council Community Development Commission, took action Development Commission items. acting as the on Community WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1) COUNCIL MEMBERS HERNANDEZ, POPE-LUDLAM & MILLER EXCUSED At 11:23 a.m., Council Members Hernandez, Pope-Ludlam, and Miller left the Community Development Commission meeting. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas be waived. COUNCIL MEMBER MILLER RETURNED At 11:24 a.m., Council Member Miller returned to the Community Development Commission meeting and took her place at the Council table. COUNCIL MEMBER POPE-LUDLAM RETURN3D At 11:25 a.m., Council Member Pope-Ludlam returned to the Community Development Commission meeting and took her place at the Council table. COUNCIL MEMBER HERNANDEZ RETURNED At 11:26 a.m., Council Member Hernandez returned to the Community Development Commission meeting and took his place at the Council table. RES. 95-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOSNEY CONSTRUCTION, INC. FOR INSTALLATION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS. (R3) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-10 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, 15 1/9/95 PUBLIC HEARING - ARROWHEAD HEALTH CARE SYSTEM - PROPOSED PROFESSIONAL OFFICE BUILDING (R4B) This is the time and place set for a public hearing to consider the construction of a professional office building by Arrowhead Health Care System. Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated January 3, 1995, concerning the proposed professional office building to be constructed by Arrowhead Health Care System. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be continued to January 12, 1995, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Discussion ensued regarding the continuation date for the public hearing and action on the Arrowhead Health Care System. Council Member Devlin withdrew his second to the motion. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be continued to January 12, 1995, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, at which time they could adjourn to January 23, 1995, due to a request made by the lender's attorneys. The Members Miller. None. motion carried by the following vote: Ayes: Council Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Curlin. Absent: RES. 95-11 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS OF MAKING CERTAIN LEASE PAYMENTS ON BEHALF OF THE CITY OF SAN BERNARDINO (CITY HALL PROJECT) . (R7A) Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, questioned the appropriateness of using 20 Percent Set-Aside Funds for this purpose. It was pointed out that 80 Percent monies would be used to pay the lease on City Hall. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 16 1/9/95 Resolution No. 95-11 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. CONVENE MEETING - COMMUNITY DEVELOPMENT COMMISSION (R8) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated January 4, 1955, relative to convening the Community Development Commission and the Common Council as distinct and separate entities. Council Member Curlin made a motion, Member Hernandez, and unanimously carried, tabled. seconded by Council that the matter be RECESS MEETING At 12:17 p.m., the adjourned regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 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; Deputy City Attorney Empeno, City Clerk Rachel Clark, Planning & Building Services Director Boughey. Absent: Council Members Negrete, Oberhelman. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 94-05 & DEVELOPMENT CODE AMENDMENT NO. 94 -- 09 - ESTABLISH THE A, AIRPORT, LAND USE DESIGNATION & PERMITTED USES - PORTION OF THE FORMER NORTON AIR FORCE BASE (33) This is the time and place set for a public hearing to consider General Plan Amendment No. 94-05 and Development Code Amendment No. 94-09; to establish the A, Airport, land use designation and permitted uses for portions of the former Norton Air Force Base. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated December 15, 1994, concerning General Plan Amendment No. 94-05, Development Code Amendment No. 94-09, and the establishment of the A, Airport, land use designation and permitted uses for portions of the former Norton Air Force Base. 17 1/9/95 A letter dated January 4, 1995, was received from Attorney James De Aguilera, 341 West Second Street, Suite 6, San Bernardino, CA, representing Right to Know, an association of individuals who are concerned over the lack of disclosure of information regarding the conversion of the former Norton Air Force Base to civilian use. In a letter dated November 14, 1994, Dennis Johnson, President, San Bernardino International Airport Authority, P.O. Box 270, San Bernardino, CA, stated that the Authority would hold the City of San Bernardino harmless from any proceeding against the City with respect to approval of this matter. Mayor Minor opened the public hearing. Director of Planning and Building Services, Al Boughey, stated that the proposal would amend the General Plan and Development Code to allow the City to control development and apply appropriately related development standards to the property of the existing airport, which was previously a portion of the former Norton Air Force Base and is now under long-term lease to the San Bernardino International Airport Authority. COUNCIL MEMBER At 2: 08 p. m. , Council meeting and OBERHELMAN RETURNE~ Council Member Oberhelman returned took his place at the council table. to the Director Boughey introduced Jim Monger, Airport Director, San Bernardino International Airport Authori ty, who thanked the Council for considering this matter and the Planning staff for the professional assistance they had given the Airport Authority. Timothy Sabo, legal counsel to the San Bernardino International Airport Authority (Authority), eXplained that there was an environmental impact report done in May 1990 that has served as the basis for other decisions, including the interim operating agreement approved in May 1993. This proposal is for a General plan amendment for that portion of the former Norton Air Force Base that the local community, through the Authority, controls and does not involve the nonaviation portions of the base. The operations of the airport are not being addressed; only the land uses surrounding the airport aviation areas within the airport. Tom Dotson, staff environmental consultant, explained the purpose and scope of General Plan Amendment No. 94-05, Development Code Amendment No. 94-09, and the establishment of the A, Airport, land use designation. The Final Environmental Impact Report for the Inland Valley Development Agency's Redevelopment Plac is a program environmental impact report pursuant to Section 15168 of CEQA. An Initial Study was prepared, and the Environmental Review Committee determined that no further environmental documentation is required. 18 1/9/95 Discussion ensued regarding cleanup of toxic materials at the former Air Force base and the 1990 environmental impact report. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern that the 1990 environmental impact report was inadequate. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern over the lack of a new environmental impact report and objected to the manner this item was being handled. Discussion continued regarding the extent of the subsurface and ground surface contamination, and how the contamination problem is being mitigated. RES. 95-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PIAN AMENDMENT NO. 94 - 05 TO AMEND THE TEXT OF THE GENERAL PLAN; AND, TO CHANGE THE LAND USE DESIGNATION FROM PF, PUBLIC FACILITIES, TO A, AIRPORT, ON A PORTION OF THE FORMER NORTON AIR FORCE BASE. (33A) RES. 95-13 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING DESIGN GUIDELINES FOR THE A, AIRPORT, LAND USE DESIGNATION FOR REHABILITATION AND NEW DEVELOPMENT OF THE LANDS IDE PORTION OF THE SUBJ"ECT PROPERTY. (33B) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 19.12A AND AMENDING TABLE 22.01 OF THE MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH THE AIRPORT LAND USE DISTRICT. First (33C) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Common Council adopt the resolution which makes a finding that the Inland Valley Development Agency Final Environmental Impact Report is the appropriate environmental documentation; adopt general Plan Amendment No. 94- 05; adopt the resolution establishing design guidelines; and that said ordinance approving Development Code Amendment No. 94-09 be laid over for final adoption. The motion carried, and Resolution Nos. 95-12 and 95-13 were adopted and the ordinance laid over for final adoption by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 19 1/9/95 PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:43 p.m., Planning and Building Services Director Boughey left the Council meeting and was replaced by City Administrator Shauna Clark. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:44 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY AMENDING THE ANNUAL SALARY OF COUNCIL MEMBERS. (27) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.80.010 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALARY OF THE MAYOR AND CALLING FOR AN ELECTION TO CONFIRM SAID SALARY. First (28) City Attorney Penman felt that a raise for the Council was appropriate as both the Mayor and Council are underpaid and this affects the ability to attract candidates for these positions. A discussion was held regarding when the current salaries were established, the City's population growth, growth of the City's budget, and what the salaries would be if cost-of-living increases had been considered over the years. It was noted that although the Council positions are considered part-time, the Mayor's position is considered full-time; therefore, under the Charter the Mayor's salary must be submitted to a vote of the people. It was also noted that these increases, as proposed, would not be automatic, but would take effect when a new coun~il member or new mayor is elected, or when the current incumbents are re-elected. Several Council Members stated they would not support implementation of staggered raises, and added that the need for additional staff is a larger issue than more compensation. It was noted that a few years back the Charte~ Review Committee had done a study of charter changes which included the matter of Mayor and Council salaries. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that Items 27 and 28 be referred to the Council and the City Attorney for evaluation, and anyone who wishes to submit recommendations may do so, and that the items be reviewed by the Legislative Review Committee. (Note: There was no vote taken. ) 20 1/9/95 It was the consensus of the Council that any motions to increase the compensation of the Mayor and Council should come from the people of San Bernardino and not from the elected officials. It was suggested that a citizens' committee could be formed for the purpose of looking at the duties and salaries of the Mayor and Council, with possible reconsideration of the Charter Revision Committee recommendations. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, felt the increases for both the Mayor and the Council should be on the ballot and expressed support for re-evaluating the Charter Revision Committee report. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA, expressed opposition to increasing City Officials' salaries. Terry Mohl, 6705 N. Steven Way, San Bernardino, CA, expressed support for bringing this issue before the voters in November 1995. COUNCIL MEMBER MILLER EXCUSED At 3:28 p.m., Council Member Miller left the Council meeting. Council Member Negrete made a substitute motion, seconded by Council Member Oberhelman, that the Charter Review Committee recommendations be reviewed and brought back to the Legislative Review Committee and that Russell Lackner be invited to participate. (Items 27 & 28) The motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Members Curlin, Hernandez. Absent: Council Member Miller. RES. 95-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SIERRA COMPUTER SYSTEM, INC. FOR THE PURCHASE OF A "PERMITS" LICENSE FOR THE PERMIT TRACKING SYSTEM TO BE UTILIZED BY VARIOUS CITY DEPARTMENTS. (29A) RES. 95-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SIERRA COMPUTER SYSTEM, INC. FOR THE MAINTENANCE OF "PERMITS" SOFTWARE. (29B) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 95-14 and 95-15 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. 21 1/9/95 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TWELVE AND FOURTEEN (CONFIDENTIAL AND MANAGEMENT EMPLOYEES), TO CONFORM TO PRIOR COUNCIL ACTION. (Continued from December 19, 1994) (30) Council Member Curlin made a Member Oberhelman, and unanimously tabled. motion! carried, seconded by Council that the matter be COUNCIL MEMBER MILLER RETURNED At 3:31 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SA-,\[ BERNARDINO AMENDING SUBSECTION 1 OF SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE AUTHORITY OF THE SECURITY GUARD PERSONNEL IN THE CAROUSEL MALL TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE IN AND AROUND THE CAROUSEL MALL. (eontinued from December 19, 1994) First (31) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RES. 95-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ADDICTION MEDICINE CONSULTANTS TO PROVIDE RANDOM DRUG/ALCOHOL TESTING IN ACCORDANCE WITH DOT (DEPARTMENT OF TRANSPORTATION) POLICY EFFECTIVE JANUARY 1, 1995. (eontinued from December 19, 1994) (32) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-16 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, ANNOUNCEMENT - CITY ATTORNEY PENMAN (3E) City Attorney Penman announced that the case of Ferguson vs. City of San Bernardino had been dismissed. 22 1/9/95 ADJOURNMENT (34) At 3:43 p.m., Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the adjourned regular meeting of the Mayor and Common Council be adjourned to 9:30 a.m., Thursday, January 12, 1995, in the council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 4~i'H~J Deputy City Clerk No. of Items: 39 No. of Hours: 5.5 23 1/9/95