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HomeMy WebLinkAbout02-06-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 6, 1995 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, February 6, 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, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION (1) At 8:02 a.m., the Mayor and Common Council recessed to closed session for the following: 1. Pursuant to Government Code Sections: (A) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Manaqement Corporation vs. Citv of San Bernardino - United States District Court Case No. CV-ED 94-251 RT (Mcx) , People of the State of California vs. Manta Manaqement Corporation - San Bernardino Superior Court Case No. SCV 18157, Stubblefield Construction Co., et al. vs. citv of San Bernardino San Bernardino Superior Court Case Nos. 242998 & 2252058, cimarron Ranch Associates vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 17045. (B) Conference with legal counsel - anticipated litigation: 1. Significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956.9: one casei 1 2/6/95 2. Initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9 (c) : two cases. CLOSED SESSION At 8:02 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, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Also present: Senior Assistant City Attorney Barlow, Senior Assistant City Attorney Morillo, Deputy City Attorney Empeno, Deputy City Attorney Roth, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. COUNCIL MEMBER MILLER ARRIVED At 8: 05 a. m., Council Member Miller arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agenda while the Council was in closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:08 a.m., Senior Assistant citj' Attorney Barlow and Deputy City Attorney Empeno left the closed session. TOM CAIN, LIABILITY CLAIMS SPECIALIST, RISK MANAGEMENT DEPARTMENT, ARRIVED At 8:08 a.m., Tom Cain, Liability Claims Specialist, Risk Management Department, arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW RETURNED At 8:18 a.m., Senior Assistant City Attorney Barlow returned to the closed session. ADJOURN CLOSED SESSION At 8:22 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. 2 2/6/95 RECONVENE MEETING At 9:00 a.m., Mayor Minor reconvened the 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, Pope-Ludlam, Miller, City Attorney Penman, City Cl~rk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Sister Eileen Rafferty, St. Bernardine's Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBER POPE-LUDLAM (2 &: 85) In memoranda dated January 17, 20, & 23, 1995, and February 1, 1995, respectively, Mayor Minor and Council Member Pope-Ludlam requested that the following appointments be approved: Mayor Minor Fine Arts Commission - Jo Ann Von Wald Parks & Recreation Commission - David J. Austin Board of Police Commissioners, Alternate - Carl Clemons Council Member Pope-Ludlam Senior Affairs Commission - Leola Haynes Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimoUSly carried, that the appointments requested by Mayor Minor and Council Member Pope-Ludlam, be approved. COMMENDATION - ERIC MARTINEZ & DR. JEROME TAUREK (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Eric Martinez, an employee of the Arrowhead Country Club, and Dr. Jerome Taurek, a local area physician, for their heroic actions in administering CPR to Keith Cooper, a 26- year veteran of the City Fire Department, when he suffered a heart attack in the country club locker room. 3 2/6/95 Mayor Minor and Captain Keith Cooper commendations to Mr. Martinez and Dr. Taurek. presented the COMMENDATION - SAN MANUEL BAND OF MISSION INDIANS (2B) Carl Magee, Director, Western Regional Little League Headquarters, presented a plaque to the San Manuel Band of Mission Indians in appreciation for their donation of $10,000 which enabled the purchase of lights for the ball field at their complex in San Bernardino. Lynn Leroy, representing the San Manuel Band of Mission Indians, accepted the plaque. PROCLAMATION - MARK SEAY DAY (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Thursday, February 9, 1995, as Mark Seay Day in the City of San Bernardino in recognition of a native son whose positive lifestyle both on and off the athletic field has set a standard for us all. Mark Seay accepted the proclamation from Mayor Minor and thanked the community for its support. The following presentations were awarded on behalf of programs administered through the Economic Development Agency. PROCLAMATION - BUSINESS AWARENESS & RETENTION MONTHS - FEBRUARY, MARCH, & APRIL 1995 (2D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring February, March, and April 1995, as Business Awareness and Retention Months in the City of San Bernardino in support of the Early Alert Retention System (EARS) program which has been developed by the Economic Development Agency, Southern California Edison, and the San Bernardino Chamber of Commerce for the purpose of attracting and retaining local industrial, commercial, and retail companies to the area. Timothy Steinhaus, Administrator, Economic Development Agency, Jim Burns, District Manager, Southern California Edison, and Judy Thompson, Executive Director, San Bernardino Chamber of Commerce, accepted their proclamations. BUSINESS RECOGNITION AWARD - STATER BROS. MARKETS (2E) Bob Botts, Manager, Office of Business Retention, Economic Development Agency, inaugurated a Business Recognition Award to be awarded to businesses that contribute significantly to the growth of the economy by providing jobs in the local area, and announced 4 2/6/95 that Stater Bros. Markets, a local corporation for over 50 years, was the recipient of the first award. Jack Brown, President of the Board and Chief Executive Officer for Stater Bros. Markets, accepted the Business Recognition Award. PRESENTATION - CITY ATTORNEY PENMAN (2F) City Attorney Penman stated that the jury award of $11.5 million to Stubblefield Construction Company in the case of Stubblefield vs. City of San Bernardino had been overturned by the Court of Appeals. He presented certificates of commendation to Attorneys Joseph Arias and Chris Lockwood of MacLachlan, Burford and Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA, in recognition of their work on this appeal. City Attorney Penman also commended Deputy City Attorney Empeno for his performance in the handling of this appeal. RECESS MEETING At 9:29 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 9:34 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council 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, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3) Council Member Negrete announced that a vacancy exists on the Senior Affairs Commission for a representative from the First Ward and invited interested constituents to call his office at 384-5188. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin commented on the existing economic activity and community spirit within the City of San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3B) Council Member Hernandez stated that the opening on the Senior Affairs Commission and constituents to call his office at 384-5188. Third Ward has an invited interested 5 2/6/95 ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3C) Council Member Oberhelman thanked Bob Botts, Manager, Office of Business Retention, Economic Development Agency, and Jean Andersen, Executive Director, Cultural and International Affairs Mayor's Office, for the excellent job they did in organizing th~ mini-trade conference with the India Association of the Inland Empire. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3D) Council Member Devlin commended Council Member Oberhelman for generating the trade conference idea. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3E) Council Member Pope-Ludlam thanked those who the Black History Week Parade and her colleagues on helped make the parade possible. turned out for the Council who ANNOUNCEMENT - CITY ATTORNEY PENMAN (3F) City Attorney Penman commented OIl the success of History Week activities and stated he appreciated reception he had received when riding in the parade. the Black the warm At 9:39 a.m., Mayor Minor read the warning regarding disruption of public meetings to Jeff Wright. Mr. Wright left the meeting while the Mayor was reading. City Attorney Penman stated he would be giving a written copy of the warning to Mr. Wright. PUBLIC COMMENTS - LARRY SINGLETON (4) Larry Singleton, 265 W. 21st Street, San commented on the negative interaction between the and the public. Bernardino, CA, legislative body PUBLIC COMMENTS - RUBEN LOPEZ (4A) Ruben Lopez, 631 W. 16th Street, San those members of the Council who voted previous action taken against Proposition Bernardino, CA, thanked not to reaffirm their 187, State Initiative. PUBLIC COMMENTS - EUNICE THOMPSON (4B) Eunice Thompson, 2116 Sunrise Lane, San Bernardino, CA, voiced concern that the legislative body had failed to address the needs of the residents in the Arden/Guthrie area. 6 2/6/95 PUBLIC COMMENTS - JOAN MONGIELLO (4C) Joan Mongiello, 1804 State Street, attempted to speak on the appeal process, this item was on the agenda as Item 16 and during public comments. San Bernardino, CA, but was reminded that could not be addressed PUBLIC COMMENTS - BRIAN PLANT (4D) Brian Plant, 498 W. Court Street, San Bernardino, CA, expressed discontent toward members of the legislative body and Administrative staff. Discussion ensued regarding how to curtail the offensive language used by members of the public at the podium. PUBLIC COMMENTS - KEITH THOMPSON (4E) Keith Thompson asked what help they were going to receive in the Arden/Guthrie area. PUBLIC COMMENTS - JEFF WRIGHT (4F) Jeff Wright, P.O. Box 2341, San Bernardino, CA, concern that public comments were not allowed at the Common Council meeting of January 30, 1995, and opposed of unrelated matters under the same agenda item. expressed Mayor and the mixing PUBLIC COMMENTS - BOB MONGIELLO (4G) Bob Mongiello, 1804 State Street, San Bernardino, opposition to actions taken by the legislative body property he owns within the City. CA, spoke in relati ve to CLAIMS AND PAYROLL (11) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated January 31, 1995, from the Director of Finance, be approved. APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - JOAN MONGIELLO - 1804 STATE STREET (16) This is the time and place set for an appeal of the Board of Building Commissioners decision regarding the property located at 1804 State Street, San Bernardino, California. 7 2/6/95 Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated January 30, 1995, concerning the Board of Building Commissioners decision related to 1804 State Street, San Bernardino, California. Mayor Minor opened the hearing. Joan Mongiello, 1804 State Street, San Bernardino, CA, stated she was confused on how to proceed with this matter and asked for clarification of the appeal process. She stated she was an owner of this property by contract and that she had not been able to ascertain why the building in question must be demolished. Nina Roberson, a resident of Tennessee, agreement with the Mongiellos to purchase the she is the current owner of record. stated she has an property, however, Discussion ensued Commissioners decision Bernardino, California. concerning relative to the 1804 Board State of Building Street, San Council Member Oberhelman made a motion, seconded Member Curlin, and unanimously carried, that the continued to March 6, 1995, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, RES. 95-27 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94- 46 RELATING TO POSTING OF THE AGENDA AND THE LENGTH OF PUBLIC COMMENTS. (17A) Larry Singleton, 265 W. 21st Street, San Bernardino, CA, spoke in opposition to limiting the length of time the public can speak throughout the meeting. Brian Plant, 498 W. Court Street, San Bernardino, CA, read the title and various sections of the proposed resolution. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in opposition to the limitation of time allotted to address the Mayor and Common Council throughout the meeting and opposed the combination of more than one issue under one item. City Attorney Penman expressed concern that the three-minute time limit may not be able to withstand a court challenge. The Brown Act does not provide for the legislative body to place limitations on the time that the public can speak during a public meeting and does not prohibit the public from criticizing the legislative body concerning City programs. 8 2/6/95 Discussion ensued relative to what other legislative bodies have done regarding the limitation of public comments and the legality of limiting comments to three minutes and not allowing the public to speak on an item that has previously been brought before a committee. Senior Assistant City Attorney Barlow expressed concern relative to the three-minute time limit, but added that other items covered in the resolution were reasonable under the Brown Act. Shauna Clark, City Administrator, stated she had a concern regarding the suggested amendment of Section 14 of Resolution No. 94-46, because it prohibits the Council Members not in attendance at sub-committee meetings from commenting on or discussing these items at Council meetings. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that full reading of said resolution be waived, and that said resolution be adopted. Resolution No. 95-27 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. CREATE BLUE RIBBON COMMISSION TO STUDY MAYOR & COUNCIL MEMBER SALARIES (17B) Peggy Ducey, Assistant to the City Administrator, submitted a Staff Report dated January 30, 1995, regarding the establishment of a Blue Ribbon Commission to study the salary levels of the Mayor and Common Council. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that a Blue Ribbon Commission be created to study Mayor and Council Member salaries. (Note: There was no vote taken. ) Discussion ensued regarding how the Legislative Review Committee determined the makeup of the Blue Ribbon Commission to study Mayor and Council Members salaries and whether members should be residents of the city. Council Member Curlin made a substitute motion, seconded by Council Member Miller, and unanimously carried, that a Blue Ribbon Commission be created to study Mayor and Council Member salaries, with the provision that each member serving on the Blue Ribbon Commission be a resident of the City of San Bernardino. RES. 95-28 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE SALE OF CITY PROPERTY. (17C) 9 2/6/95 Council Member Hernandez made a motion, seconded by Council Member Negrete, that full reading of said resolution be waived, and that said resolution be adopted. Resolution No. 95-28 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CUL-DE-SAC FEASIBILITY AVENUE 18TH STREET & ARROWHEAD (83) Council Member Curlin submitted a Staff Report dated February 1, 1995, recommending discussion and exploration of the feasibility of a cul-de-sac at 18th Street and Arrowhead Avenue. The following citizens spoke in support of creating a cul-de- sac on 18th Street and Arrowhead Avenue: Donald Jolly Gabriel, P.O. Box 951, San Bernardino, CA. Stan McIntyre, 332 W. 18th Street, San Bernardino, CA. Luis Lopez, 324 W. 18th Street, San Bernardino, CA. Louanne Wear, 371 W. 18th Street, San Bernardino, CA. It was noted that creating a cul-de-sac on 18th Street would be less complex and less costly than the 17th Street cul-de-sac, as 18th Street has existing street improvements and, with some modification, the same plans could be used. Council questioned whether those individuals supporting the cul-de-sac would be open to an assessment district to cover the cost. Council Member Member Curlin, that Advisory Committee. Devlin made a motion, seconded by Council the matter be referred to the Traffic Safety (Note: There was no vote taken.) Council Member Miller made a substitute motion, seconded by Council Member Negrete, that the matter be referred to the Ways and Means Committee. (Note: There was no vote taken.) Discussion ensued regarding the need for a clear determination of the feasibility of the project prior to any other action being taken. Council Member Curlin made a motion, seconded by Council Member Devlin, that the matter be referred to the Traffic Safety Advisory Committee. 10 2/6/95 The motion carried by the following Members Curlin, Oberhelman, Devlin, Miller. Negrete, Hernandez, Pope-Ludlam. Absent: vote: Nays: None. Ayes: Council Council Members RECESS MEETING At 11:58 a.m., Mayor Minor recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the 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, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. APPOINTMENT - MAYOR MINOR (2G) Mayor Minor submitted a Staff Report dated January 23, 1995, requesting the appointment of Phoebe F. Neigel, 1234 East 42nd Place, San Bernardino, CA, as an alternate member of the Community Television Commission. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Phoebe F. Neigel as an alternate member of the Community Television Commission, as recommended by Mayor Minor, be approved. APPROVE FUNDING - MORGAN ROAD CLOSURE - WEST OF LITTLE MOUNTAIN DRIVE - $33,500 (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 24, 1995, concerning the closure of Morgan Road west of Little Mountain Drive and funding thereof. Ramona De Costa, 5594 N. Crescent Street, San Bernardino, CA, expressed support for the closure of Morgan Road. COUNCIL MEMBER MILLER RETURNED At 2:08 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Director Hardgrave answered questions regarding traffic counts and alternate routes of travel in the area. 11 2/6/95 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the expenditure of $33,500, from Account No. 250-670-57477, Minor Improvements - Various Locations, for the closure of Morgan Road west of Little Mountain Drive, be approved. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Ludlam. Nays: None. Abstain: Council Member Miller. None. Council Pope- Absent: SET PUBLIC HEARING - VERDEMONT AREA - INFRASTRUCTURE FEE REDUCTION - 10:00 A.M. - FEBRUARY 20, 1995 (19) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 18, 1995, regarding the setting of a public hearing to consider the reduction of the Verdemont Area Infrastructure Fee. Council Member Pope-Ludlam made a motion, seconded by Council Member Devlin, and unanimously carried, that a public hearing be set for 10:00 a.m., Monday, February 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the reduction of the Verdemont Area Infrastructure Fee from $7,699 to $1,500. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.010 AND SECTION 2.56.150 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DATES OF ELECTIONS. First (20) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that full reading of said ordinance be waived, and that said ordinance be laid over for final adoption. (Note: There was no vote taken and the motion was subsequently amended.) Council Member Oberhelman amended his motion, seconded by Council Member Negrete, that full reading of said ordinance be waived, and that said ordinance be laid over for final adoption and amended by interlineation to include the assuming office date. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Nays: None. Absent: None. Ayes: Council Devlin, Pope- RES. 95-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA BIO-MASS FOR THE PROVISION OF GREEN MATERIALS PROCESSING. (21) Chuck Tobin, Development Director, Burrtec Industries, 9890 Cherry Avenue, Fontana, CA, expressed concern because his company was not selected to provide these services and distributed 12 2/6/95 information relative to price comparisons between Burrtec and California Bio-mass, information on the Conditional Use Permit issued to California Bio-mass, and a comparison of the market outlets of the two companies. David Hardy, Co-Founder and President of California Bio-mass, 10397 Alder Avenue, Bloomington, CA, spoke to the Council regarding his company and the program they have to offer for the processing of green materials. Discussion ensued regarding the merits of the two companies and the fact that transportation is one of the most expensive items associated with this contract. Pat Malloy, Director of Public Services, stated that the report prepared by staff was done following more than two months of research and investigation, and in the final analysis, by contracting with California Bio-mass the City is guaranteed 100 percent diversion of green materials. Council Member Hernandez made a motion, seconded by Council Member Negrete, that full reading of said resolution be waived, and that said resolution be adopted. Resolution No. 95-29 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Council Members Curlin, Oberhelman. Absent: None. RES. 95-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO SOUTHCOAST PETERBILT FOR THE FURNISHING AND DELIVERY OF EIGHTEEN (18) EACH, AUTOMATED SIDE LOADING REFUSE VEHICLE CAB AND CHASSIS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95- 06. (22A) RES. 95-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AMREP INCORPORATED FOR THE FURNISHING AND DELIVERY OF EIGHTEEN (18) EACH, AUTOMATED SIDE LOADING REFUSE VEHICLE BODIES, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-07. (22B) Council Member Oberhelman made a motion, seconded by Council Member Miller, that full reading of said resolution be waived, and that said resolutions be adopted. Resolution Nos. 95-30 and 95-31 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 13 2/6/95 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made Member Oberhelman, and unanimously the resolutions and ordinances on agenda be waived. a motion, seconded by Council carried, that full reading of the regular and supplemental COUNCIL MINUTES (6) 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: December 5, 1994; January 12, 1995. RES. 95-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING MASTER LEASE WITH OPTION TO PURCHASE AGREEMENT FOR ACCESS PUBLIC FUNDING, INC. FOR THE FURNISHING OF LEASE PURCHASE FINANCING AND REPEALING RESOLUTION NO. 94- 301. (8) RES. 95-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN " BY CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT) . (9) RES. 95-34 - 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. (WEED ABATEMENT) (10) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 95-32, 95-33, and 95-34 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-933 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.24.020, 19.04.030(2) TO ADD SUBSECTION T AND MODIFYING TABLE 04.03 TO ALLOW VOCATIONAL/TRADE SCHOOLS IN THE RU DISTRICT AS A CONDITIONALLY PERMITTED USE AND TO ESTABLISH DEVELOPMENT STANDARDS UNDER WHICH A VOCATIONAL TRADE SCHOOL CAN BE ESTABLISHED. Final (13) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said ordinance be adopted. 14 2/6/95 Ordinance No. MC-933 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION . . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ," AND PROVIDING THAT SIXTH STREET AND SEVENTH STREET ARE THROUGH HIGHWAYS AT THEIR RESPECTIVE INTERSECTIONS WITH RAMONA AVENUE. (14) RES. 95-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING A MEETING AND PUBLIC HEARING RELATIVE TO CONFIRMATION OF THE ASSESSMENT ROLL FOR AMENDED PORTION OF ASSESSMENT DISTRICT NO. 981 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF MERIDIAN AVENUE AND RANDALL AVENUE. (15) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 95-35 and 95-36 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. FUNDING ASSISTANCE - 1995 FOUNDER'S DAY CELEBRATION - MAY 20, 1995 - $2,500 CIVIC & PROMOTION FUND (7A) Frank Keller, CATV Manager, submitted a Staff Report dated January 20, 1995, regarding funding assistance from the Civic and Promotion Fund for the 1995 Founder's Day celebration. Council Member Devlin made a motion, seconded by Council Member Miller, that the request from the Founder's Day Committee for funding assistance in the amount of $2,500 from the Civic and Promotion Fund, to observe the 185th anniversary of the City's founding, be approved. The motion Members Negrete, Council Member Absent: None. carried by the following vote: Ayes: Council Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Curlin. Abstain: Council Member Hernandez. FUNDING ASSISTANCE - RITES OF SPRING CONCERT SERIES TO BE HELD IN MAY - INDIAN SUMMER CONCERT SERIES TO BE HELD IN AUGUST $6,000 CIVIC & PROMOTION FUND PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (7B) 15 2/6/95 Annie Servicesl regarding the Rites Ramos, Director of Parks, Recreation and Community submitted a Staff Report dated January 20, 1995, funding assistance from the Civic and Promotion Fund for of Spring and Indian Summer Concerts. Council Member Devlin made a motion, seconded by Council Member Miller, that the request from the Parks, Recreation and Community Services Department for funding assistance in the amount of $6,000 for the Rites of Spring and the Indian Summer Concert Series, be approved. The motion Members Negrete, Council Member Absent: None. carried by the following vote: Ayes: Council Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Curlin. Abstain: Council Member Hernandez. FUNDING ASSISTANCE - 1995 FOURTH $12,553 CIVIC & PROMOTION FUND - COMMUNITY SERVICES DEPARTMENT OF JULY CELEBRATION - PARKS, RECREATION AND (7C) Annie Ramos, Director of Parks, Services, submitted a Staff Report requesting funding assistance from the the 1995 Fourth of July celebration. Recreation and Community dated January 20, 1995, Civic and Promotion Fund for Discussion ensued relative to the cost of the proposed event. Council Member Devlin made a motion, seconded by Council Member Miller, that the request from the Parks, Recreation and Community Services Department for funding assistance in the amount of $12,553 for the 1995 Fourth of July celebration, be approved. The motion Members Negrete, Council Member Absent: None. carried by the following vote: Ayes: Council Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Curlin. Abstain: Council Member Hernandez. ADOPT REVISED PERSONNEL ACTION APPROVAL PROCEDURE (7D) Barbara Dillon, Director of Personnel, submitted a Staff Report dated January 25, 1995, outlining the revised approval procedure for Personnel Action Requests from City departments. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City's revised Personnel Action Approval Procedure be adopted, as presented in the Staff Report dated January 25, 1995, from Barbara Dillon, Director of Personnel. APPROVE RECLASSIFICATION - INCUMBENT MAINTENANCE PLUMBER - PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT (7E) 16 2/6/95 Barbara Dillon, Director of Personnel, submitted a Staff Report dated January 25, 1995, recommending the reclassification of a Maintenance Plumber I position to a Maintenance Plumber II in the Parks, Recreation and Community Services Department. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the reclassification of the incumbent Maintenance Plumber I, Range 1296, Step Five, $2,362 per month, to a Maintenance Plumber II, Range 1326, step Two, $2,369 per month, in the Parks, Recreation and Community Services Department, be approved. SALARY INCREASE - CUSTODIAL AIDE POSITION - EFFECTIVE APRIL 1, 1995 - FACILITIES MANAGEMENT (7F) James Sharer, Manager, Facilities Management, submitted a Staff Report dated January 26, 1995, recommending a pay increase for the Custodial Aide position in the Facilities Management Department, to be effective April 1, 1995. Council Member Negrete made a motion, seconded by Council Member Hernandez, and unanimously carried, that a salary increase for the position of Custodial Aide be approved, effective April 1, 1995, as presented in the Staff Report dated January 26, 1995, from James Sharer, Facilities Manager, and that the Director of Personnel be directed to update Resolution No. 6413. (Note: Council Member Pope-Ludlam was present, however, she did not register a vote.) PERSONNEL ACTIONS (12) Discussion Program as it officers in the ensued regarding the City's Affirmative relates to the recruitment of minority San Bernardino Police Department. Action police Ernest Wilson, Affirmative Action Officer, Mayor's Office, stated that the Police Department needs more specific guidelines than the City-wide Affirmative Action Program, and that the problem needs to be addressed collectively by the Police Department, the Affirmative Action Office, Civil Service, and the Personnel Department. Mayor Minor stated that he has given certain guidelines to Mr. Wilson and the Chief of Police, and this matter is one of his top priorities. Council Member Miller made a mction, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 26, 1995, 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. 17 2/6/95 RES. 95-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF TWENTY-TWO (22) EACH POLICE PATROL VEHICLES TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-17. (81) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-37 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 95-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERS ITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY SWIMMING POOL AND THE CITY'S FISCALINI FIELD. (82) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-38 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-39 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE TO PERMIT THE ISSUANCE OF QUALIFIED MORTGAGE BONDS. (SINGLE FAMILY MORTGAGE REVENUE BOND) (84) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 95-39 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATED HARASSMENT/SEXUAL HARASSMENT POLICY FOR SAID CITY, AND REPEALING RESOLUTION NOS. 81-641 AND 91-330. (86) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to February 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 18 2/6/95 ADJOURNMENT (23) At 3:57 p.m., the meeting was adjourned. The next regular meeting is scheduled to be held at 8:00 a.m., Monday, February 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 4';!~r~~-tyj Deputy City Clerk No. of Items: 29 No. of Hours: 6 19 2/6/95