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HomeMy WebLinkAbout07-24-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JULY 24, 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 adjourned regular meeting held at 8:00 a.m., Monday, July 17, 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, July 17, 1995, and has on file in the Office of the City Clerk an affidavit of posting said Notice of Adjournment which was posted at 8:15 a.m., Monday, July 17, 1995, on the door of the place at which said meeting was held. The adjourned regular meeting of was called to order by Mayor Minor at the Council Chambers of City Hall, Bernardino, California. the Mayor and Common Council 8:06 a.m., July 24, 1995, in 300 North "D" Street, San 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. RECESS MEETING - CLOSED SESSION (1 & S5) At 8:06 a.m., the Mayor and Common Council recessed to closed session for the following: Pursuant to Government Code Section: 1. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Crain vs. City of San Bernardino Superior Court Case No. 229990; San Bernardino Manuel Aquilar vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 14506; S5. Western Empire Industries vs. City of San Bernardino - San Bernardino Superior Court Case No. 255130; 1 7/24/95 Stubblefield Construction Company, et al. - City of San Bernardino - Fourth District Court of Appeals Case No. E009749, EOI0088; Tomas Armendariz vs. James F. Penman, et al. - United States District Court Case No. CV-91-5757-CBM. CLOSED SESSION At 8:06 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, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Senior Assistant City Attorney Morillo, Senior Deputy City Attorney Simmons, Deputy City Attorney Empeno, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority regular and supplemental agenda while the Council was in closed session. SENIOR DEPUTY At 8:34 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the ADJOURN CLOSED SESSION At 8:37 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 9:04 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. 2 7/24/95 INVOCATION The invocation was given by Reverend David Randolph, San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENT - MAIN STREET ADVISORY BOARD - LARRY QUIEL - COUNCIL MEMBER OBERHELMAN (2) Mayor Minor submitted a Staff Report dated July 17, 1995, recommending the appointment of Larry Quiel, 4040 La Hacienda, San Bernardino, CA, to the Main Street Advisory Board, as recommended by Council Member Oberhelman. Council Member Oberhelman made a ~otion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Larry Quiel to the Main Street Advisory Board, as requested by Council Member Oberhelman, be approved. (Note: Although Council Member Curlin was present, he did not register a vote.) EMPLOYEE RECOGNITION AWARDS - FIRST QUARTER 1995 (2A) In a memorandum dated July 12, 1995, Les Fogassy, Employee Recognition Selection Committee, stated that the individuals were chosen as the 1995 First Quarter Recognition Award recipients: Chairman, following Employee Cateqorv Employee Department Management/ Confidential Safety General Christy Newey City Administrator's Office Fire Department Planning & Building Services Police Department Ed Brown Ron Gaston Mid-Management Anita Perry PRESENTATION - ALAN BARTLEMAN (2B) Alan Bartleman presented a check to the City in support of the sports stadium. SERVICE PIN AWARD CEREMONY (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received service pin awards for their many years of dedicated service to the City. 3 7/24/95 Name Department Paul Nistico Christopher Gonzales Ray Salvador Cheri Cram Kevin Ford William Hanley Michael Ingels Virginia Ingram Michael Bemis Ronald Garcia Janet Ward Leland Angiollilo Dennis Moreno Phillip Zulko Howard Payne Edward Lopez Michael Grubbs Cynthia Cervantes Facilities Management Facilities Management Mayor's Office Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Public Services Public Services Public Services Public Services Public Services Public Works San Bernardino Employment & Training Agency San Bernardino Employment & Training Agency Ernest Dowdy Years of Service 5 year pin 15 year pin 5 year pin 5 year pin 5 year pin 5 year pin 5 year pin 5 year pin 10 year pin 10 year pin 35 year pin 10 year pin 10 year pin 10 year pin 20 year pin 30 year pin 10 year pin 15 year pin Each employee received a service pin presented by Mayor Minor. 15 year pin PRESENTATION - SAM'S CLUB Ken Goodwin, General Place, San Bernardino, CA, the amount of $1,000 to projects. (2D) Manager, Sam's Club, 885 East Harriman presented Mayor Minor with a check in support local industrial development ANNOUNCEMENT - COUNCIL MEMBER CUR:,IN (3) Council Member Curlin announced that on Thursday, July 27, 1995 at 6:30 p.m. the Affirmative Action Office, Human Relations Commission, and neighborhood watch groups would jointly hold a community meeting at 1584 Medical Center Drive, Suite #106; and urged concerned residents to attend. PUBLIC COMMENTS - RUBEN LOPEZ (4) Ruben Lopez, 631 W. 16th St., San Bernardino, CA, expressed concern about allegations of fraud in past City elections. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez expressed concern regarding comments made during council meetings that are divisive to the City. 4 7/24/95 PUBLIC COMMENTS - JEFF WRIGHT (4A) Jeff Wright, concern regarding meetings. P.O. Box 2341, San Bernardino, CA, expressed the presence of a police officer during council WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agenda of the Mayor and Common Council, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a ~otion, seconded by Council Member Hernandez, 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: June 5, 1995; June 26, 1995; and June 28 and 29, 1995. RES. 95-249 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RATIFICATION OF A COOPERATIVE AGREEMENT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND THE U.S.D.A. FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST, RELATING TO FIRE PROTECTION SERVICES. (7) RES. 95-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) VEGETATION MANAGEMENT GRANT FOR WILDLAND FIRE MITIGATION AND DIRECTING THE FIRE CHIEF OF THE CITY OF SAN BERNARDINO TO ADMINISTER THE GRANT PROGRAM AS LEAD AGENCY WITH THE CALIFORNIA DEPARTMENT OF FORESTRY (CDF) AND THE UNITED STATES FOREST SERVICE (USFS) . (8) RES. 95-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER. (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 95-249, 95-250, and 95-251 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 5 7/24/95 CLAIMS & PAYROLL (15) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated July 18, 1995, from the Director of Finance, be approved. AUTHORIZE REMOVED TO FORCE BASE ADVERTISEMENT FOR BIDS RESTORE PAVEMENT INSTALL 20-INCH WATER MAIN - FORMER NORTON AIR (17) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 12, 1995, requesting approval of the plans and authorization to advertise for bids for the restoration of pavement removed to install a twenty-inch water main within the former Norton Air Force Base property. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for restoration of permanent pavement, removed to facilitate installation of a 20-inch water main on Norton Air Force Base by the City Water Department, in accordance with Plan No. 9307, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS - WIDEN STREET & MODIFY TRAFFIC SIGNALS - MILL STREET, FROM "H" TO "I" STREET (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 10, 1995, requesting approval of plans and authorization to advertise for bids for the widening and modification of the traffic signals on Mill Street, from "H" to "I" Streets. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for widening Mill Street, from "H" to "I" Streets, and modifying traffic signals at Mill and "I" Streets, in accordance with Plan No. 9267, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 95-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $51,300.00 TO THE COUNTY OF SAN BERNARDINO FeR MAINTENANCE OF THE CITY'S FLEET OF 171 MOBILE DATA TERMINALS FOR FISCAL YEAR 95/96. (9) 6 7/24/95 RES. 95-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $46,080.00 TO THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE CITY'S 800 MHZ BACKBONE RADIO EQUIPMENT, INCLUDING MOSCAD HOST AND REMOTE STATIONS, PR=ME AND REMOTE SITE CONTROLLERS, MSF 5000 REPEATERS AND SUPPORTING EQUIPMENT. THIS MAINTENANCE AGREEMENT WOULD COVER THE 95/96 FISCAL YEAR. (10) RES. 95-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $50,760.00 TO THE COUNTY OF SAN BERNARDINO FOR THE MAINTENANCE OF 316 STX GEMINI PORTABLE RADIOS AND 389 SPECTRA MOBILE RADIOS, FOR THE 95/96 FISCAL YEAR. (11) RES. 95-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE k~OUNT OF $60,450.00 TO THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF 13 CENTRA-COM II CRT CONSOLES FOR FISCAL YEAR 95/96. (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 95-252, 95-253, adopted by the following vote: Ayes: Curlin, Hernandez, Oberhelman, Devlin, None. Absent: None. 95-254, and 95-255 were Council Members Negrete, Pope-Ludlam, Miller. Nays: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $1.00 TO THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR LEASE OF PROPERTY TO LOCATE A CITY-OWNED 5 CHANNEL 800 MHZ RADIO SYSTEM FOR THE 95/96 FISCAL YEAR. THE SCHOOL DISTRICT OWNED PROPERTY IS LOCATED ON THE CAJON HIGH SCHOOL CAMPUS, 1200 HILL DRIVE, SAN BERNARDINO, CALIFORNIA 92407. (Discussed later in the meeting) (See page 14) (13) City Attorney Penman requested tha~ the matter be continued to later in the meeting so that additional language could be incorporated into the agreement. It was the consensus of the Mayor and Common Council that this matter be continued to later in the meeting. PERSONNEL ACTIONS (16) Discussion ensued regarding whether review and approval by the Personnel Committee is required for positions within departments headed by an elected official; and the merits of imposing a freeze on hiring in all existing positions, except for Police and Fire sworn positions, seasonal and dispatch positions, and vacancies that occur because of the voluntary or unexpected departure of an 7 7/24/95 employee. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the personnel actions submitted by the Chief Examiner dated July 13, 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, except for the two positions within the City Attorney's Office. (Note: There was no vote taken.) A discussion was held regarding the continued hiring of part- time and seasonal employees, and its impact on the budget. Council Member Oberhelman made a substitute motion, seconded by Council Member Pope-Ludlam, that the personnel actions submitted by the Chief Examiner dated July 13, 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. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Abstain: Council Member Curlin. ANNOUNCEMENT - MAYOR MINOR (3B) Mayor Minor welcomed the students from Anna Pedroza's Young Men's Christian Association (YMCA) summer camp to the meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NORSTAR PLUMBING COMPANY FOR INSTALLATION OF PHASE III OF NORTHWEST INTERCEPTOR SEWER, AND REJECTING THE LOW BID BY BONADlMAN-MCCAIN. (Discussed later in the meeting) (See page 20) (19) Council Member Negrete made a motion, seconded by Council Member Hernandez, that the transfer of $95,300, from Account No. 245-365-5504-1926, "City's Share of Sewer Extensions," to Account No. 245-365-5504-1528, "Phase III - Northwest Interceptor Sewer", be approved; and that said resolution be adopted. (Note: There was no vote taken.) City Attorney Penman expressed concern regarding this action. Roger Hardgrave, Director of Public Works/City Engineer, explained the history of the project; and requested that the matter be continued to later in the meeting so that Mr. Bonadiman can be present to answer questions. Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to later in the meeting. 8 7/24/95 RES. 95-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (1996/2000) FOR MEASURE "1" LOCAL EXPENDITURES. (20) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-256 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF ADOPTING THE FINAL BUDGET YEAR 1995-1996. SAN BERNARDINO APPROVING AND OF SAID CITY FOR THE FISCAL (21) Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to August 7, 1995, in the Council Chambers of City Hall, 300 North nD" Street, San Bernardino, California. RES. 95-257 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE INDEMNITY AGREEMENTS WITH PERSONS OR FIRMS PROVIDING FREE USE OF PROPERTY OR EQUIPMENT TO THE POLICE DEPARTMENT. (22) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-257 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 10:05 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. APPEAL REQUEST - ALCOHOL - NORM'S FAT AL-WADI POLICE COMMISSION'S DECISION - SALE OF LIQUOR - 197 WEST 40TH STREET - MR. RI (23) Deputy City Attorney Rhemrev, City Attorney's Office, submitted a Staff Report dated July 17, 1995, relative to Mr. Ri Fat AI-Wadi's request to file an appeal of the Police Commission's decision relative to the sale of alcoholic beverages at Norm's Liquor located at 197 W. 40th St. Charles Schultz, Reid and Hellyer, 3880 Lemon, Riverside, CA, representing Mr. Ri Fat AI-Wadi, urged the Mayor and Common Council to permit Mr. AI-Wadi an appeal before the Mayor and Common Council. 9 7/24/95 Senior Assistant City Attorney Barlow explained the San Bernardino Municipal Code provisions relating to appeals before the Mayor and Common Council. Council Member Member Devlin, that AI-Wadi's request decision. Oberhelman made a motion, seconded by Council the Mayor and Common Council deny Mr. Ri Fat for an appeal of the Police Commission's The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:18 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. ELIMINATE CONNECTED HERNANDEZ MONTHLY CONNECTION FEE TO CITY'S SEWER SYSTEM - DISCUSS & TAKE ACTION HOMEOWNERS NOT COUNCIL MEMBER (24) Council Member Hernandez submitted a Staff Report dated July 11, 1995, relative to the proposed elimination of the monthly connection fee for homeowners not connected to the City's sewer system. The following individuals imposition of the monthly service the City's sewer system: spoke in opposition to the charge to homes not connected to Ismaely Maria Anaya, 1461 Davidson St., San Bernardino, CA. Bill Rogers, 1482 E. Davidson St., San Bernardino, CA. Prudencio Bibat, 1483 E. Davidson, San Bernardino, CA. Discussion ensued regarding the probable negative financial impact the elimination of the monthly connection fee for homeowners not currently connected to the City's sewer system would have on the City's budget. Council Member Hernandez made a motion that the matter be referred to the Water Department and City Attorney's Office to revise the ordinance to delete the requirement for homeowners to pay a monthly connection fee when they are not connected to the City's sewer system. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the matter be referred to the City Attorney and Water Department to take appropriate action to amend the 10 7/24/95 ordinance to eliminate collecting the monthly service charge for residential properties that are within 200 feet and not currently hooked up to the sewer system; and that the residents be required to obtain a dye test at a cost of $25 to determine if they are hooked to the sewer system. (Note: There was no vote taken; and the motion was subsequently amended.) Discussion ensued regarding the merits of the monthly sewer connection fees; and how to incorporate areas that have been annexed into the City into the infrastructure systems, such as the sewer system, at a manageable cost to the residents. Council Member Oberhelman amended his motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the City Attorney, Water Department, and Public Works/Engineering Department to take appropriate action to amend the ordinance to eliminate collecting the monthly service charge for residential properties that are within 200 feet and not currently hooked up to the sewer system; and that the matter be heard at the Legislative Review Committee and return to the Mayor and Common Council on August 21, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: Although Council Member Pope-Ludlam was present, she did not register a vote.) CITY ATTORNEY PENMAN EXCUSED At 10:40 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. RES. 95-258 - A RESOLUTION OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 1995/96. (Verdemont Area) (25) Council Member Devlin made a mction, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-258 was adopted by the following vote: Ayes: Council Member Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:49 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:01 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. 11 7/24/95 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 Special Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION .- SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 11:01 a.m., Chairman Minor called the joint adjourned regular meeting of the Community Development Commission and San Bernardino Joint Powers Financing Authority to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R4) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental of the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority, be waived. WILDWOOD PRODUCE COMPANY - EMPLOYHENT LINKAGE PACKAGE - $10,000 - FINANCIAL ASSISTANCE (R9) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated July 14, 1995, relative to the proposed $10,000 Employment Linkage Package financing assistance for wildwood Produce Company. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve up to $10,000 in an Employment Linkage package to Wildwood Produce Company in accordance with the terms and conditions set forth in the Staff Report from Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, dated July 14, 1995; and that the Acting Director be authorized to execute necessary implementing documentation. RECESS MEETING At 12:11 p.m., the joint adjourned regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 7/24/95 RECONVENE MEETING At 2:04 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 Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Planning and Building Services Director Al Boughey. Absent: Council Member Pope-Ludlam. AN ORDINANCE OF THE CITY OF Sk'l BERNARDINO AMENDING SECTION 15.04.081 OF THE SAN BERNARDINO MUNICIPAL CODE MODIFYING THE PLAN REVIEW FEE CHARGED FOR DEVELOPMENTS UTILIZING MODEL PLANS AND ALSO MO~IFYING THE ADDITIONAL PLAN REVIEW FEE CHARGED FOR EXPEDITIOUS PLAN REVIEW REQUESTED BY AN APPLICANT. First (35) Al Boughey, Director of Planning and Building Services, explained the need for the fee reductions. COUNCIL MEMBER At 2: 08 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinance be laid over for final adoption. BONANZA MOBILEHOME PARK - TREE TRIMMING - COUNCIL MEMBER HERNANDEZ - DISCUSS & TAKE ACTION - CONTINUED FROM JULY 10, 1995 (34) This is the time and place continued to consider taking possible action concerning the recent tree trimming that occurred in the Bonanza Mobile Home Park. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:14 p.m., Al Boughey, Director of Planning and Building Services, left the Council meeting and was replaced by City Administrator Shauna Clark. 13 7/24/95 RES. 95-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $1.00 TO THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR LEASE OF PROPERTY TO LOCATE A CITY-OWNED 5 CHANNEL 800 MHZ RADIO SYSTEM FOR THE 95/96 FISCAL YEAR. THE SCHOOL DISTRICT OWNED PROPERTY IS LOCATED ON THE CAJON HIGH SCHOOL CAMPUS, 1200 HILL DRIVE, SAN BERNARDINO, CALIFORNIA 92407. (Discussed earlier in the meeting) (See page 7) (13) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted, and that said lease be amended by interlineation as follows: Page Eight, Item #E should read "Notwithstanding any other provision herein, the parties understand and agree that the City of San Bernardino is self-insured and the San Bernardino Unified School District accepts such self - insurance as full insurance for the purposes of this lease. " The motion carried, and Resolution No. 95-259 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING CERTAIN FUNDS IN THE ASSESSMENT DISTRICT NO. 987 IMPROVEMENT FUND TO BE SURPLUS. (Verdemont Area) (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-260 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. BLUE RIBBON COMMISSION ON MAYOR & COUNCIL MEMBER SALARIES - RECEIVE & FILE RECOMMENDATION (27) Mayor Minor submitted a Staff Report dated July 6, 1995, requesting that the final report from the Blue Ribbon Commission to study Mayor and Council Member Salaries be received and filed. The following individuals spoke in support of the Blue Ribbon Commission's recommendations, and urged that the matters be placed on the ballot for a vote by the residents: Dick Marshall, 995 W. Marshall Blvd., San Bernardino, CA. Warren Cocke, 2875 Valencia, San Bernardino, CA. 14 7/24/95 DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:19 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. Council Member Devlin made a motion, seconded by Council Member Oberhelman, to direct the City Attorney to separate matters relative to Mayor and Council Member salaries into two items and prepare both documents so that the matters can be placed on the November 7, 1995, ballot. (Note: The vote was taken after discussion; and the motion was subsequently amended.) Discussion ensued regarding the merits of the Blue Ribbon Commission's recommendations, and the most efficient and economical way to present this matter to the residents for a vote. Council Member Devlin amended his motion, seconded by Council Member Oberhelman, that the report detailing the advisory recommendations of the Blue Ribbon Commission be referred to the Legislative Review Committee for review and possible change; and that the City Attorney be directed to prepare two resolutions placing the charter amendments on the ballot for the November 7, 1995, election, separating the matter of Mayor and Council Member salaries into two ballot measures. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Council Members Curlin, Hernandez. Absent: None. Ayes: Miller. Council Nays: CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:42 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Timothy Steinhaus. Council Agency SPECIAL COUNSEL SABO RETURNED At 2:42 p.m., Timothy Sabo, Special Counsel to the Economic Development Agency, returned to the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 2:42 p.m., Chairman Minor called the joint regular meeting of the Mayor and Common Council, Development Commission and San Bernardino Joint Powers Authority to order in the Council Chambers of City Hall, "D" Street, San Bernardino, California. adjourned Community Financing 300 North 15 7/24/95 RES. 95-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $45,000,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, 1995 SERIES (STATE COLLEGE PROJECT NO.4), AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT. (R8A) RES. J-31 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $45,000,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, 1995 SERIES (STATE COLLEGE PROJECT NO.4), APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY. (R8C) Discussion ensued regarding the merits of refinancing of the bonds; and which revitalization be recipients of the additional monies. the proposed projects would CITY CLERK RACHEL CLARK EXCUSED At 2:58 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Vale. A discussion ensued regarding the range of proj ects that would revitalize the City if sufficient redevelopment monies were available; and how the Economic Deve~opment Agency prioritizes projects for funding. Helen Kopczynski, 8150 Cable Canyon, San Bernardino, CA, expressed concern that redevelopment menies would not be available for projects in the State College area. Council Member Miller made a met ion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 95-261 and J-31 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community CITY ATTORNEY PENMAN EXCUSED At 3:09 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 16 7/24/95 and DEPUTY CITY CLERK VALE EXCUSED At 3:11 p.m., Deputy City Clerk Vale left the Council meeting was replaced by City Clerk Rachel Clark. and CITY CLERK RACHEL CLARK EXCUSED At 3:50 p.m., City Clerk Rachel Clark left the Council meeting was replaced by Deputy City Clerk Vale. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:18 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER MILLER EXCUSED At 4:18 p.m., Council Member Miller left the Council meeting. COUNCIL MEMBER MILLER RETURNED At 5:23 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. DEPUTY CITY CLERK VALE EXCUSED At 5:48 p.m., Deputy City Clerk Vale left the Council meeting and was replaced by City Clerk Rachel Clark. COUNCIL MEMBERS CURLIN & HERNANDEZ EXCUSED At 6:47 p.m., Council Members Curlin and Hernandez left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 6:52 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 6:52 p.m., Timothy Steinhaus, Agency Administrator, Economic Development Agency, left the Council meeting and was replaced by Assistant City Administrator Fred Wilson. AUTHORIZATION TO CONTINUE CONTRACT - CAS A RAMONA, INC. - MONTHLY BASIS THROUGH SEPTEMBER 30, 1995 (28) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated July 13, 1995, requesting authorization to continue on a month-to-month basis the existing contract with Cas a Ramona, Inc., through September 30, 1995. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to continue the current contract with Casa Ramona, Inc., Resolution No. 90-222, dated June 18, 1990, as amended, on a month-to-month basis at the current level of monthly compensation of $4,232 until September 30, 1995. 17 7/24/95 APPROVE IN CONCEPT - AUTHORIZE FUNDING OPERATION OF THE STURGES CENTER FOR ECONOMIC DEVELOPMENT AGENCY - $60,000 JULY 10, 1995 - PARTNERSHIP FOR THE FINE ARTS - CONTINUED FROM (32) This is the time and place continued to consider the request for a public and private partnership to permit the continued operation of the Sturges Center for the Fine Arts. Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated July 17, 1995, regarding the proposed public and private partnership to assume the duties of overseeing the management of the Sturges Center for the Fine Arts, located at 780 N. "E" St. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve in concept the partnership between Sturges Foundation, Economic Development Agency and the San Bernardino City Unified School District for the operation of Sturges Center for the Fine Arts, and authorize funding from the Economic Development Agency in the amount of $60,000. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 6:54 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. RES. 95-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, SHANDIN HILLS CIRCLE, AND OTHER VARIOUS STREETS AND LANDSCAPE EASEMENTS (SHANDIN HILLS AREA) AND RESCINDING RESOLUTION NO. 95- 227. (SI) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 95-262 was adopted by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, None. Absent: Council Members Curlin, Hernandez. FUNDING REQUEST - FISCAL YEAR 1995/96 - CIVIC & PROMOTION FUND - $10,000 - SAN BERNARDINO WESTERN REGIONAL LITTLE LEAGUE - 1995 PLAYOFFS - AUGUST 10 - 18, 1995 (S2) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated July 18, 1995, relative to the San Bernardino Western Regional Little League's request for direct and indirect funding assistance in the amount of approximately $10,000, for the 1995 playoff games. 18 7/24/95 Assistant City Administrator wil son explained that in the Staff Report the indirect costs were identified as approximately $13,000, when in fact they would only be approximately $5,000, for a total approximate cost of $10,000. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that direct funding from Fiscal Year 1995/96 Civic and Promotion Fund in the amount of $5,000, and indirect funding for departmental costs in the amount of $5,000 be authorized to assist the San Bernardino Western Regional Little League with their 1995 Playoff games. PAY LEGAL FEES - $849.25 - BARBARA A. KALLINS - JAMES PENMAN - PRYKE VERSUS CITY OF SAN BERNARDINO - DISCUSS & TAKE ACTION (S3) Mayor Minor submitted a Staff Report dated July 18, 1995, requesting that outside legal fees in the amount of $849.25 incurred by City Attorney James Penman in the case of pryke versus the City of San Bernardino, be approved. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the payment of legal fees in the amount of $849.25 to the Law Offices of Barbara A. Kallins for James F. Penman's outside attorney fees in the case of pryke vs. City of San Bernardino. RES. 95-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. .. . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF, AND OTHER CITY PROPERTy...."; AND REPEALING SECTION D. (Parking District Lot No.3, 5th St., Arrowhead Ave., and 4th and "D" Streets.) (S4) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 95-263 was adopted by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, None. Absent: Council Members Curlin, Hernandez. RES. 95-264 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF FARR & TARANTO. (Stubblefield Construction Company, Case Nos. E009749, EOI0088 - United States Supreme Court) (S6) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. 19 7/24/95 Resolution No. 95-264 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Mlller. Nays: None. Absent: Council Members Curlin, Hernandez. RES. 95-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NORSTAR PLUMBING COMPANY FOR INSTALLATION OF PHASE III OF NORTHWEST INTERCEPTOR SEWER AND REJECTING THE LOW BID BY BONADlMAN-MCCAIN: (Discussed earlier in the meeting) (See page 8) (19) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the transfer of $95,300, from Account No. 245-365-5504-1926, "City's Share of Sewer Extensions," to Account No. 245-365-5504-1528, "Phase III - Northwest Interceptor Sewer", be approved; and that said resolution be adopted. The motion carried, and Resolution No. 95-265 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, pope-Ludlam, Miller. Nays: None. Abstain: Council Member Devlin. Absent: Council Members Curlin, Hernandez. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TOTER, INC., FOR THE FURNISHING AND DELIVERY OF EIGHTY-FOUR THOUSAND (84,000) AUTOMATED REFUSE AND RECYCLING COLLECTION CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (29A) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE A-2 ADDENDUM TO LEASE PURCHASE AGREEMENT OF ASSOCIATES COMMERCIAL CORPORATION, FOR THE FINANCING OF 12,000 BLACK 96 GALLON AUTOMATED REFUSE CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-28. (29B) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to 5:00 p.m., Thursday, July 27, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: The time was subsequently changed.) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common council reconsider the previous action taken to continue the matter to 5:00 p.m., Thursday, July 27, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to 4:00 p.m., Thursday, July 27, 1995, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 7/24/95 RES. 95 - 266 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $15,462.50 FOR THE FISCAL YEAR 1995/96. (30) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-266 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. CHARTER SECTION 36 - MAYOR PRO TEM TO PRESIDE IN THE ABSENCE OF THE MAYOR - COUNCIL MEMBER CURLIN - DISCUSS & TAKE ACTION - CONTINUED FROM JULY 10, 1995 (31) This is the time and place continued to discuss and take possible action concerning Charter Section 36 relative to the Mayor Pro Tern presiding over the Mayor and Common Council meetings during the absence of the Mayor. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RES. 95-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING PROCEEDINGS FOR THE PROPOSED REORGANIZATION OF THE TERRITORY GENERALLY LOCATED SOUTHEAST OF DEVORE ROAD, SOUTHWEST OF THE 1-215 FREEWAY, TO INCLUDE ANNEXATION TO THE CITY OF SAN BERNARDINO, ANNEXATION OF PORTIONS THEREOF TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENT OF CERTAIN PORTIONS THEREOF FROM CENTRAL VALLEY FIRE PROTECTION DISTRICT, DESIGNATED LAFCO 2781. (Continued from July 10, 1995) (33) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-267 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez. 21 7/24/95 ADJOURNMENT (36) At 7:07 p.m., Mayor Minor adjourned the meeting to 4:00 p.m., Thursday, July 27, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk ,-.// ( . By /,/ ?L. ,,'z:.~L,. Melanie Vale Deputy City Clerk <...---.... 7czc~- No. of Items: 45 No. of Hours: 9 22 7/24/95