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HomeMy WebLinkAbout02-07-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 7, 1994 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 8:03 a.m., Monday, February 7, 1994, 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. RECESS MEETING - CLOSED SESSION At 8:03 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the a. to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; b. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; c. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code section 54956.9(b) (2); d. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(c), so that Council/Commission may decide whether to initiate litigation; e. to consider personnel matters pursuant to Government Code section 54957; f. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code section 54957; 1 2-7-94 g. to give instruction to the City'sjCommission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at: The identity of each person with whom negotiations are authorized is: h. to meet with an applicant for a City license and the applicant's attorney pursuant to Government Code section 54956.7; i. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; j. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a). CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "0" 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 Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam, City Attorney Penman. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Roth, Margaret Scroggin, Administrative Operations supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. FIRE CHIEF WRIGHT ARRIVED At 8:04 a.m., will Wright, Fire Chief, arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:05 a.m., Council Member Pope-Ludlam arrived at the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:19 a.m., city Attorney Penman arrived at the closed session. 2 2-7-94 DEPUTY CITY ATTORNEY ROTH & FIRE CHIEF WRIGHT EXCUSED At 8:30 a.m., Deputy City Attorney Roth and Fire Chief Wright left the closed session. ASSISTANT CHIEF OF POLICE HARP ARRIVED At 8:36 a.m., Wayne Harp, Assistant Chief of Police, arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8:39 a.m., Senior Assistant City Attorney Morillo left the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO RETURNED At 8:42 a.m., senior Assistant city Attorney Morillo returned to the closed session. ADJOURN CLOSED SESSION At 8:50 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 9:02 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 Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Reverend E. Fenton, Trinity Lutheran Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. APPOINTMENT COUNCIL MEMBER DEVLIN BEAUTIFICATION AUTHORITY CORRIDOR (2) In a memorandum dated January 18, 1994, Mayor Minor recommended the appointment of Council Member Devlin to the Corridor Beautification Authority. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the appointment of Council Member Devlin to the Corridor Beautification Authority, be approved. 3 2-7-94 APPOINTMENT - ALTON L. GARRETT, JR. - BOARD OF WATER COMMISSIONERS (2A) In a memorandum dated January 31, 1994, Mayor Minor recommended the appointment of Alton L. Garrett, Jr., 149 West sixth Street, #44, San Bernardino, CA, to the Board of Water Commissioners. council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the appointment of Alton L. Garrett, Jr., to the Board of Water commissioners, be approved. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin announced that on February 2, 1994, a Second Ward Town Hall meeting was held, and discussion ensued regarding the creation of a Youth Accountability Board which he hopes to see extended City-wide. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez stated that De Anza/London would soon be providing a list of mobile home parks which have the potential for conversion from leasing of park spaces to owning of spaces, and expressed his support for those parks who are willing to participate. ANNOUNCEMENT - MAYOR MINOR (3B) Mayor Minor announced t~at he had attended the reception for Black History Month, rode ~n the parade on February 4th and attended a scholarship dinner on February 5, 1994, in recognition of the outstanding youth within our city schools; and commended the youth for their diligence and outstanding efforts. PUBLIC COMMENTS - LARRY SINGLETON (4) Larry Singleton, concern regarding the comments. 26944 Messina, Highland, CA, Council's lack of interest expressed in public PUBLIC COMMENTS - BOB NELSON (4A) Bob Nelson, a resident of Summit, California, expressed support for an individual's freedom of speech and the right to speak before the Council. 4 2-7-94 PUBLIC COMMENTS - JOHN STEVENS (4B) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, read a letter dated January 26, 1994, regarding radiological responsibility for Norton Air Force Base in respect to radium contaminated material; and requested that the public contact Mr. Daneke of Norton Air Force Base to report any possible hazardous materials which may have been buried at the base. He expressed concern regarding the environmental impact to the residents and the City's responsibility. PUBLIC COMMENTS - CAROL WRIGHT (4C) Carol Wright, 968 Northpark Boulevard, San Bernardino, CA, expressed opposition to the actions taken by the Code Compliance Division in respect to the abatement of a public nuisance. Mayor Minor referred Ms. Wright to J. Lorraine Velarde, Executive Assistant to the Mayor. PUBLIC COMMENTS - JEFF WRIGHT (4D) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the city's code compliance procedures, and objected to the proposed three-minute public comment limitation. PUBLIC COMMENTS - MIKE WATKINS (4E) Mike Watkins, Owner, AFM Construction, 605 West Sequoia street, San Bernardino, CA, stated that he had a plan to assist in the fortification of buildings. Mayor Minor explained that Item 26 on today's agenda dealt with disaster preparedness, and asked Mr. Watkins to return at 2:00 p.m. to speak at that time. (See page 16) 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 6, 1993; December 20, 1993; January 10, 1994. TRANSFER FUNDS IMPROVEMENTS $12,000 9TH & WILSON STREET (7) In a memorandum dated January 27, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that a complaint was received relative to the poor riding conditions for vehicles travelling at the intersection of Ninth Street and Wilson Street. To drain water from the east and west curb lines of Wilson Street, 5 2-7-94 cross gutters were constructed within the north half of 9th Street. within the south half of Ninth Street, the cross gutters merge at the southwest curb return. However, the merging of the cross gutters resulted in the creation of adverse grades. It is recommended that the cross gutters within the south half of Ninth street be replaced with a common cross gutter and that the failed section be replaced. The preliminary cost estimate for these improvements is $12,000. council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $12,000 from Account No. 129-309-57835, "Redlands Boulevard, from Hunts Lane to East city Limits," to Account No. 129-309-57851, "street Improvements - 9th Street & Wilson street," be approved. CLAIMS AND PAYROLL (10) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated February 2, 1994, from the Director of Finance, be approved. PERSONNEL ACTIONS (11) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 27, 1994, in accordance with civil Service Rules and Regulations and Personnel Policies adopted by the Mayor and Common Council, be approved and ratified. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff wright, P. o. Box 2341, San Bernardino, CA, expressed opposition to waiving further reading of the resolutions and ordinances. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. TRANSFER FUNDS - $8,000 - MILL STREET & PEPPER AVENUE RIGHT OF WAY - FLOOD CONTROL DISTRICT IMPROVEMENTS - PLAN PREPARATION (8) In a memorandum dated January 27, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the San Bernardino County Flood Control District has a retention basin on the northeast corner of Mill Street and Pepper Avenue. The streets were originally dedicated with a total width of 60 feet, with a 6 2-7-94 right-of-way of 30 feet from the centerline which adjoins the basin. An ultimate right-of-way of 100 feet has been established for both Mill street and Pepper Avenue. Consequently, an additional dedication of 20 feet would be required. Dedication of an additional 20 feet will necessitate extensive regrading of the basin. In order to allow curbs and gutters to be installed at the ultimate width of 36 feet from the centerline, discussions have been held with District personnel, and a tentative agreement has been reached to allow an additional 12.5 feet dedication along Mill street and an additional 14 feet along Pepper Avenue. The additional rights-of-way would provide parkways of 6.5 feet and 8 feet, respectively, at the time curbs and gutters are installed. To allow the basin to operate at its current capacity and not create any maintenance problems, the paving of adjacent access roads and the construction of retaining walls would be required. The preliminary cost estimate is $180,000, and will be programmed in the 1994/95 fiscal year budget. In order to proceed with the improvements upon adoption of the 1994/95 budget, it is recommended that $8,000 be allocated to allow for the preparation of the plans. Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification as to why the funds are being utilized from the Half Cent Sales Tax - Local Fund. city Administrator Shauna Clark explained that the fund is strictly utilized for street improvements. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $8,000, from Account No. 129-309-57835, "Redlands Boulevard, from Hunts Lane to East city Limits," to Account No. 129-309-57852, "Improvements - Northeast Corner of Mill street and Pepper Avenue," be approved. ACQUIRE ADDITIONAL RIGHT-OF-WAY - NORTHWEST CORNER OF RIALTO AVENUE & MT. VERNON AVENUE - AUTHORIZATION TO PROCEED (9) In a memorandum dated January 27, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that Conditional Use Permit No. 93-17 was approved to authorize the Transdevelopment Corporation to develop a GM vehicle distribution center. A traffic study was submitted by Transdevelopment Corporation which assessed the impact of trucks that would be transporting the vehicles from this site. The study indicated that the main access route would be Rialto Avenue, "I" and Second street. Upon the opening of the facility, the access route was re- evaluated, and Mt. Vernon Avenue was found to be a better route than "I" Street. Consequently, an addendum to the traffic study 7 2-7-94 was completed which assessed the impact of the trucks that would be transporting vehicles using Mt. Vernon Avenue in lieu of "I" street; and the City's Traffic Engineer concurred with its findings. In order to allow the southbound trucks to turn without swinging over the centerline of Rialto Avenue, the addendum was approved upon on the condition that the northwest curb return at the intersection of Rialto Avenue and Mt. Vernon Avenue be reconstructed. Approximately 300 square feet of additional right- of-way would be required to accommodate reconstruction of the curb return with a 35-foot radius. Transdevelopment Corporation has attempted to acquire this additional right-of-way from the owner of the parcel on the northwest corner; however, has been unsuccessful. Therefore, Transdevelopment Corporation has requested that the City acquire the additional right-of-way through eminent domain proceedings. All costs incurred would be reimbursed by Transdevelopment. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the eminent domain proceedings, and the possibility of utilizing friendly condemnation proceedings. Discussion ensued regarding the provisions of the eminent domain proceedings. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the request to acquire the additional right-of- way. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the City Attorney, City Clerk and Director of Public Works/City Engineer be authorized to initiate eminent domain proceedings for the acquisition of approximately 300 square feet of additional right-of-way, at the northwest corner of Rialto Avenue and Mt. Vernon Avenue, by an immediate right-of-entry; and to authorize the acquisition of an appraisal and title report. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. (12) A discussion was held regarding the indemnification clause in the agreement. City Administrator Shauna Clark explained the animal control services that would be provided to the City of Fontana. Debi Biggs, Director of Animal regarding the differences between the other governmental agencies, such as, and the City of Lorna Linda. control, answered questions previous contracts held with the County of San Bernardino 8 2-7-94 council Member Oberhelman made a motion, seconded by Council Member Miller, that staff be redirected to once again communicate or pursue the issue of indemnification. (Note: There was no vote taken. ) Discussion continued regarding the indemnification clause. council Member Oberhelman amended his motion, seconded by Council Member Miller, that the matter be continued to March 21, 1994, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California; and that service be continued to be provided under the interim contract. (Note: There was no vote taken. ) A discussion was held regarding the negotiations currently being held with the City of Fontana. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to March 21, 1994, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California; that staff be directed to continue to work with the City of Fontana to express our concerns; and that the Director of Animal Control be authorized to extend the interim contract if the City of Fontana is willing to operate under those conditions. RES. 94-24 - 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) (13) A discussion was held regarding the liens placed against property owned by San Bernardino Association of Governments (SANBAG) . COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:22 a.m., Council Member Pope-Ludlam left the Council meeting. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-24 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:25 a.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. 9 2-7-94 RES. 94-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-378, ENTITLED, IN PART... "ORDERING THE VACATION OF PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN 'I' STREET AND 'J' STREET...;" TO APPLY TO THE NEW GRADE CROSSING FOR THE EXTENSION OF ORANGE SHOW ROAD IN LIEU OF THE NEW "F" STREET GRADE CROSSING. (14) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-25 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO UTAH PACIFIC CONSTRUCTION COMPANY FOR INSTALLATION OF INTERCEPTOR SEWER IN CAJON BOULEVARD, BETWEEN DEVIL'S CREEK CANYON AND LITTLE LEAGUE DRIVE. (15) Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to what the benefits would be to CalMat and that received by the city. city Administrator Shauna Clark explained that the benefits to the City would be payment of services received from CalMat. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired as to whether the citizens would be required to pay for sewer services if they are not currently hooked up to the sewer system. Roger Hardgrave, Director of Public Works/City Engineer, explained that there is no requirement to hook up to the sewer system. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-26 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES WITH THE FIRM OF GFB- FRIEDRICH & ASSOCIATES, INC., AND AN AGREEMENT FOR CONSULTANT SERVICES WITH THE FIRM OF BROWN, DIVEN & HENTSCHKE RELATIVE TO THE PROPOSED EXTENSION AND EXPANSION OF CITY-WIDE ASSESSMENT DISTRICT NO. 994. (16) 10 2-7-94 A discussion was held regarding the extension and expansion of Assessment District No. 994, established for city-wide street lighting and sweeping services. Roger Hardgrave, Director of Public Works/city Engineer, answered questions regarding the boundaries for Assessment District No. 994. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the hiring of the consultant. Discussion ensued regarding the possibility of evaluating the success of the additional 39 officers hired, which was realized through the establishment of Assessment District No. 994. council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-27 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. RECESS MEETING At 10:46 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10:56 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 Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING REGULATIONS RELATING TO POSTING OF THE AGENDA AND THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT AND REPEALING RESOLUTION NOS. 87-1, 87-60 AND 88-280. (Continued from January 24, 1994) (17) The following individuals expressed opposition to the adoption of said resolution: Bob Nelson, a resident of Summit, California. John Stevens, California. 4097 Pershing Avenue, San Bernardino, 11 2-7-94 Jeff Wright, P. O. Box 2341, San Bernardino, California. Larry Singleton, 26944 Messina, Highland, California. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, California. Sam Catalano, 295 Carousel Mall, San Bernardino, CA, expressed support for the adoption of said resolution in that it would create order in the meeting process, and recommended that a limitation be placed on items that can be pulled from the consent calendar on the agenda by anyone individual and that a cumulative total of time be established for anyone individual to speak throughout the meeting. The following individuals expressed opposition to the adoption of said resolution: Donald Jolly Gabriel, P. O. Box 951, San Bernardino, California. Johnny Bell, California. 1157 North "H" Street, San Bernardino, Discussion ensued regarding the possible limit of agenda items that can be pulled from the consent calendar, limiting the amount of items an individual can speak to and the orderly conduct of meetings. Council Member Curlin made a motion that a limitation be placed on items that can be pulled from the consent calendar on the agenda by anyone individual, and that a cumulative total of time be established for anyone individual to speak throughout the meeting. The motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Miller, that the speaking time for public comments remain at five minutes; and that a three-minute limitation apply for items on the agenda. (Note: There was no vote taken.) A discussion was held regarding the adoption of said resolution and the need to be consistent with respect to the time for public comments on the Council and the Community Development Commission agendas. Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, spoke in support of an individual's right to speak; and recommended that an individual be sponsored by his/her council member. 12 2-7-94 Discussion ensued regarding the possibility of limiting the amount of items an individual can speak to and the sponsorship of an individual by a council member. council Member Oberhelman made a substitute motion that the matter be continued to address the possibility of placing a limitation on the number of items an individual can pull from the consent calendar and the sponsorship of an individual by a council member whereby a time limitation would not apply, and that the matter be referred to the Legislative Review committee for said items to be incorporated into the resolution. (Note: There was no vote taken.) Chuck Terrell, a resident of San Bernardino, recommended that a procedure be established such as the San Bernardino City Unified School District's which separates the public body from the legislative body. Council Member Negrete seconded the substitute motion made by Council Member Oberhelman. Council Member Oberhelman amended his substitute motion, seconded by Council Member Curlin, that the matter be continued to consider all public comments; and that the matter be referred to the Legislative Review Committee. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. TRANSFER FUNDS $25,000 TRAFFIC DIVERTER - 17TH STREET, WEST OF ARROWHEAD AVENUE - DISCUSSED LATER IN THE MEETING - SEE PAGE l8 (21) In a memorandum dated January 13, 1994, Council Member Curlin stated that residents and property owners along 17th Street, between "E" Street and Arrowhead Avenue are concerned about maintaining the integrity of their neighborhood and the preservation of property values. Therefore, it has been recommended that construction of a traffic diverter on 17th street, west of Arrowhead Avenue be constructed to help alleviate the problems being experienced by the neighborhood. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the transfer of $25,000 from the available balance in Account No. 129-309-57835, "Redlands Boulevard - Hunts Lane to Waterman Avenue," to Account No. 129-309-57495, "Construction of a Traffic Diverter on 17th Street, West of Arrowhead Avenue," be approved. (Note: There was no vote taken.) Discussion ensued regarding whether or not the item should be referred to the Traffic Safety Committee. <- 13 2-7-94 council Member Hernandez made a substitute motion, seconded by Council Member Oberhelman, that the matter be continued to later in the meeting. (Note: The vote was taken after discussion.) council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the matter be referred to the proper committee. (Note: There was no vote taken.) council Member Pope-Ludlam made a substitute motion that the matter be referred to the City Administrator who would ultimately be responsible for Public works/City Engineering and the allocation of funds. The substitute motion failed for lack of a second. council Member Miller made a motion that the matter be continued and referred to a committee. The motion failed for lack of a second. council Member Hernandez' substitute motion to continue to later in the meeting carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope- Ludlam. Nays: Council Member Miller. Absent: None. RECESS MEETING At 12:00 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, city Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP - DOWNTOWN PLAN (R-ll) At 12:05 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center, MIC Room, sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, to discuss the downtown plan. 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; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. Also present: Kenneth Henderson, Agency/Development Consultant, project Timothy Steinhaus, Agency Administrator; Executive Director, Economic Development Department; Fred Kent and Steve Davies, for Public Spaces. 14 2-7-94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 12:05 p.m., Chairman Minor called the regular meeting of the community Development Commission to order in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "0" 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 COUNCIL MEMBER MILLER EXCUSED At 12:51 p.m., Council Member Miller left the luncheon workshop. COUNCIL MEMBER OBERHELMAN EXCUSED At 12:52 p.m., Council Member Oberhelman left the luncheon workshop. RECESS LUNCHEON WORKSHOP At 1:20 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECONVENE MEETING At 2:08 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, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark. Absent: city Administrator Shauna Clark. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93- 19 - MULTI-TENANT SIGN - WATERMAN & BASE LINE STREETS - STATER BROS DEVELOPMENT INC. - CONTINUED FROM JANUARY 24, 1994 (25) This is the time and place continued to consider an appeal of the Planning commission's denial of Variance No. 93-19 to construct a multi-tenant sign at Waterman and Base Line Streets. In a memorandum dated January 27, 1994, Al Boughey, Director of Planning & Building Services, stated that on January 24, 1994, the Mayor and Council approved Variance No. 93-19 in concept, continued the matter to February 7, 1994, and directed staff to prepare positive findings. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311. 15 2-7-94 Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken regarding Variance No. 93-19. council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the appeal be upheld and Variance No. 93- 19 be approved based on the findings of fact contained in Exhibit Three of the Staff Report dated January 27, 1994. (Note: There was no vote taken.) Discussion ensued regarding the location of the site. Council Member Oberhelman made a substitute motion, seconded by Council Member Pope-Ludlam, that the hearing be closed; and that the appeal be upheld and Variance No. 93-19 be approved based on the findings of fact contained in Exhibit Three of the Staff Report dated January 27, 1994. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Devlin. Absent: None. PRESENTATION - DISASTER PREPAREDNESS - DISCUSSED LATER IN THE MEETING - SEE PAGE 17 (26) City Administrator Shauna Clark provided an outline of the City's actions to bring buildings up to earthquake standards and disaster preparedness. Al Boughey, Director of Planning & Building Services, made a presentation regarding long-range and short-range goals in preparation for an earthquake, and answered questions relative to the time frame involved for the retrofitting of buildings. wayne Harp, Assistant Chief of Police, explained the Police Department's response plan and priorities in the event of a disaster, such as, an earthquake; and answered questions regarding the communication system located within the basement of City Hall. A discussion ensued regarding the City's disaster preparedness plan. will Wright, Fire Chief, explained the Fire Department' s disaster preparedness response plan; and answered questions regarding the total work force which would be available in case of an emergency. 16 2-7-94 Dick MCGreevy, Disaster Preparedness Coordinator, Fire Department, gave a presentation regarding the City's disaster preparedness, answered questions regarding counseling and recovery services in the aftermath of an emergency, and invited the public to call if they have any questions. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to the safety of public buildings. During this meeting, there was no action taken on this item. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.050.E OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NOTICE TO THE CITY OF LONG TERM LEASES ENTERED INTO BY MOBILE HOME OWNERS. Final (continued from January 24, 1994) (18) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued; and referred to the Housing Committee. PRESENTATION - DISASTER PREPAREDNESS - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 16 (26) Mike Watkins, contractor, AFM Construction, 605 West Sequoia street, San Bernardino, CA, presented an earthquake fortification program proposal dated January 19, 1994, for the retrofitting of buildings throughout the City. During this meeting, there was no action taken on this item. ADOPT CITY MISSION STATEMENT - CONTINUED FROM JANUARY 10, 1994 (19) This is the time and place continued to consider the adoption of a City mission statement. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the recommended mission statement be adopted. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5.12 AND 5.82 OF THE SAN BERNARDINO MUNICIPAL CODE, BY ADDING SECTIONS 5.12.055 AND 5.82.075 RELATING TO VIOLATION OF CONDITIONS ON OPERATOR'S PERMITS. First (20) NOTE: The ordinance was not distributed with the backup; therefore, will not be available for reference. 17 2-7-94 council Member Oberhelman made a motion, seconded Member Devlin, and unanimously carried, that the continued to March 7, 1994, in the Council Chambers of 300 North "D" street, San Bernardino, California. by Council matter be city Hall, TRANSFER FUNDS $25,000 TRAFFIC DIVERTER - 17TH STREET, WEST OF ARROWHEAD AVENUE - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13 (21) This is the time and place continued from earlier in the meeting to consider approval of a transfer of funds not-to-exceed $25,000 for the construction of a traffic diverter on 17th Street, west of Arrowhead Avenue. Donald Jolly Gabriel, P. O. Box 951, San Bernardino, CA, expressed concern regarding the safety of the area; and urged the Council to approve the transfer of funds for the construction of a traffic diverter on 17th Street, west of Arrowhead Avenue. A discussion was held regarding the availability of funds and the provisions of the California Environmental Quality Act. Stan McIntyre, a resident of San Bernardino, CA, expressed support for the approval of the transfer of funds for the construction of a traffic diverter on 17th street, west of Arrowhead Avenue. Jeff wright, P. O. Box 2341, San Bernardino, CA, inquired as to the type of traffic diverter to be constructed. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the source of funding and the possible impact to emergency services if the cul-de-sac was constructed. Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, expressed support for the concept; however, recommended that a plan be implemented city-wide, offered his assistance and stated that he had presented a plan dated May 5, 1992. Discussion continued regarding the availability of funds, the costs associated with the project and the proper course of action. Council Member Curlin made a motion, seconded by Council Member Hernandez, that funding be approved in an amount not-to- exceed $25,000 for the construction of a traffic diverter on 17th street, west of Arrowhead Avenue, to include planning and other processes. (Note: The vote was taken after discussion.) Director Hardgrave availability of funds. answered questions regarding the 18 2-7-94 A discussion was held regarding the implementation of such a program City-wide and the means of financing. Council Member Miller made a substitute motion, seconded by Council Member Oberhelman, that the matter be referred to the Legislative Review Committee. The substitute motion failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Miller. Nays: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Absent: None. Warner Hodgdon explained that he made a presentation to the Housing Committee on July 5, 1992, and stated that he would be willing to conduct another presentation if authorization is granted for him to work with the city Engineer. Council Member Curlin's motion to approve funding in an amount not-to-exceed $25,000 carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 3:30 p.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:30 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RES. 94-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STANLEY F. YELICH, INC. FOR MODIFICATION OF INTERCEPTING SEWER AT BLAKE STREET AND MACY STREET. (R-3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-28 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - FISCAL YEAR 1994-95 - PROGRAM MIX & OBJECTIVES (R-5) In a memorandum dated February 3, 1994, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that notification has been received from the U. S. Department of Housing & Urban Development (HUD) that the City'S fiscal year 1994/95 Community Development Block Grant (CDBG) allocation would be $3,305,000, which amounts to an 8.5 percent increase over the 1993/94 allocation. Consequently, staff requests 19 2-7-94 that the proposed program mix and objectives be approved, and that staff be authorized to solicit applications for the fiscal year 1994/95 funding cycle. Timothy steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the total administrative and budget costs for the agency. Ken Henderson, Executive Director, Economic Development Agency/Development Department, explained the administrative costs associated with the programs eligible to receive Community Development Block Grant (CDBG) funds. Discussion ensued regarding the proposed fiscal year 1994/95 Community Development Block Grant (CDBG) program and the administrative costs associated with the program. Council Member Miller made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve the fiscal year 1994/95 Community Development Block Grant (CDBG) program mix and program objectives; and that staff be authorized to solicit applications for the fiscal year 1994/95 funding cycle. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. RECESS MEETING At 4:14 p.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 4:24 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, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. RES. 94-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELMORE SPORTS GROUP LTD., RELATING TO THE USE OF FISCALINI FIELD. (B-3) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: There was no vote taken.) 20 2-7-94 John Kramer, Superintendent of Recreation, Parks, Recreation & Community Services, stated that Exhibit A should be amended to delete paragraph 25 pertaining to the scoreboard. Council Member Miller made a substitute motion, seconded by Council Member Oberhelman, that said resolution be adopted; and that Exhibit A be amended by deleting paragraph 25. (Note: The vote was taken after discussion.) A discussion was held regarding the composition and responsibility of those individuals involved in the negotiating committee. The substitute motion carried and Resolution No. 94-29 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:30 p.m., Chairman Minor called the 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 community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community RECESS MEETING At 6:00 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 6:10 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, Miller; city Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 6:10 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SAN BERNARDINO BASEBALL STADIUM (RS-l) 21 2-7-94 In a memorandum dated February 4, 1994, Timothy steinhaus, Agency Administrator, Economic Development Agency, refers to a memorandum dated February 3, 1994, from Ray Salvador, Administrative Assistant to the Mayor, who states that the Ad Hoc Baseball Commission suggested that a portion of the debt service for a $5-6 million stadium be raised through multiple uses of the facility. However, several minor league venues were surveyed and found not to be utilized for multiple sports activities. Bond financing with existing tax increment revenues could be used to service the debt for the construction of a baseball stadium. It is proposed that the construction of a new stadium be approved in concept, and that a funding mechanism and site be approved. Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, submitted a letter dated February 7, 1994, wherein he expressed opposition to the construction of a baseball stadium at this time until the City's financial condition improves. council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to February 21, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LOCAL BID PREFERENCE - CONTINUED FROM JANUARY 24, 1994 (R-7) - This is the time and place continued to consider establishing a preference for local bidders. In a memorandum dated February 2, 1994, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, refers to a memorandum dated February 2, 1994, from Fred wilson, Assistant city Administrator, who states that the City currently does not have a policy of providing any type of preference in determining the lowest responsible bidder for contracts or agreements for materials, supplies or equipment. The basis which is currently used in the selection of vendors is the lowest and best bidder, as outlined in the city's Charter as well as the purchasing ordinance. Although a local vendor preference may be beneficial to the City and our business community, it may ultimately serve as a means of isolating the City and our businesses from its neighbors and the opportunities our businesses have outside our own city limits. Consequently, if the Mayor and Council wish to adopt a local vendor preference ordinance, it is recommended that one percent be implemented for the purchase of materials, supplies and equipment. The figure would be consistent with other cities which have such an ordinance. Further, it is recommended that public works contracts be exempted from such an ordinance. 22 2-7-94 council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to February 21, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. 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: CITY ATTORNEY PENMAN EXCUSED At 6:48 p.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant city Attorney Barlow. RES. 94-30 - 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 THOMAS & ELLIOTT. (S-l) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-30 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 DEMONSTRATING MAYOR AND COMMON COUNCIL COMMITMENT TO FUND AND SUPPORT PUBLIC SAFETY. (B-2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to February 21, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CHANGE ORDER NO. TWO - INSTALL 48 CUBIC YARDS OF CONCRETE - ARROWHEAD AVENUE, FROM MILL STREET TO THIRD STREET - REHABILITATION OF PAVEMENT MATICH CORPORATION $11,935.79 ESTIMATE (22) In a memorandum dated January 19, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that during the construction of the miscellaneous concrete for the rehabilitation of Arrowhead Avenue, the actual quantities placed exceeded the estimated quantities in the contract by over 125 percent or in excess of 90 cubic yards. The additional 48 cubic yards of concrete placed was performed by Matich Corporation on a time and material basis, as provided in the standard specifications. The extra work required was not noted on the original plans and included: the replacement of the existing concrete apron and additional areas of sidewalk. The total estimated cost for the 23 2-7-94 additional work is $11,935.79. council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Two to the contract with Matich Corporation, for rehabilitation of Arrowhead Avenue, from Mill street to Third street, be approved; to authorize the contractor to install an additional 48 cubic yards of concrete under Item "Miscellaneous Concrete" on a time and materials basis, at an estimated increase of $11,935.79 in the contract price, from $641,913 to $653,848.79. CHANGE ORDER NO. THREE - RELOCATE, INTERCONNECT & TRAFFIC SIGNALS SOUTHWEST CORNER OF RIALTO STREETS - CENTRAL BUSINESS DISTRICT - SUPERIOR SERVICE CORPORATION - $11,000 MODIFY & "E" SIGNAL (23) In a memorandum dated January 27, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that on September 8, 1992, authorization was granted for the preparation of plans for interconnection and modification of traffic signals in the Central Business District. To match the adjoining sections, authorization was granted for the widening of Rialto Avenue and to direct the owner of the parcel on the southwest corner of Rialto Avenue and "E" Street to proceed with the widening. The widening would entail reconstruction of the curb return at Rialto Avenue and "E" Street at the new curb alignment and increasing the radius to comply with current policies. The plans specify that the new signal equipment be installed to match the existing curb return, and one traffic signal foundation has been poured. Consequently, existing pull boxes and conduit would have to be relocated to clear the new curb construction. since Superior Signal Service Corporation is already performing similar work, it is feasible that they in turn provide the services noted on the plans. superior Signal Service Corporation has agreed to perform the work on a time and materials basis at a cost not-to-exceed $11,000. The owner of the parcel on the southwest corner did not proceed to widen the south side of Rialto Avenue within the specified time frame. Therefore, staff is proceeding to have the work done and place an assessment on the parcel to recover the City's cost. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Three to the contract with Superior Signal Service Corporation, for the modification of traffic signals in the Central Business District, be approved; to authorize the relocation of the traffic signals and accessories to facilitate the proposed street widening at the southwest corner of Rialto and "E" Streets, at a cost not- to-exceed $11,000; from $698,781.99 to $709,781.99. 24 2-7-94 ADVERTISE FOR BIDS - WATER TREATMENT & FILTER REPLACEMENT - HVAC MAINTENANCE SERVICES - CITY BUILDINGS (24) In a memorandum dated January 28, 1994, Fred Wilson, Assistant City Administrator, stated that as part of the fiscal year 1993/94 budget review, authorization was given to explore the issue of privatization of City services where competitive markets exist and only through attrition. Therefore, it is recommended that privatization be pursued for water treatment and filter replacement maintenance services for the heating and air conditioning equipment at various City buildings. There is currently one vacant Electrical & HVAC Mechanic position which costs the City $41,000 annually to fill. It is estimated that the contract could be performed at an annual cost of approximately $32,000, thereby realizing a potential savings of $9,000. However, the actual costs would not be realized until the bids have been received. Bid specifications have been prepared which detail the scope of services and locations for this project. The cooling towers which would be under contract for water treatment include: city Hall, police station, Center for Individuals with Disabilities (8088 Palm Lane) and Carousel Mall. Air filter replacement services would be performed at thirty-nine (39) facilities. Since the contract is a pilot project, it would be closely monitored for contract compliance so that a complete evaluation could be made at the end of the contract period. Representatives from the San Bernardino Public Employees Association, representing mid-management and general unit employees, have been involved in this privatization project. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the PurChasing Agent be authorized to advertise for bids for water treatment and filter replacement HVAC maintenance services for the City buildings noted in the Staff Report dated January 28, 1994; and that the City Administrator be authorized to transfer funding in the amount equal to the recommended low bid for water treatment and filter replacement HVAC maintenance services from Facilities Management Regular Salaries (001-325-52020) to Contractual Services (001-325- 53150) . RECESS MEETING - CLOSED SESSION (1 & R-12) At 6:58 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: e. to consider personnel matters pursuant to Government Code Section 54957; 25 2-7-94 g. to give instruction to the city's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at: 402 North "D" Street. The identify of each person with whom negotiations are authorized is: j. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9(a) as follows: CLOSED SESSION At 6:58 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" 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; City Clerk Rachel Clark. Absent: city Administrator Shauna Clark. Also present: Timothy Kenneth Henderson, Executive Agency /Development Department; counsel to the agency. Steinhaus, Director, Tim Sabo, Agency Administrator; Economic Development Sabo & Green, special CITY ATTORNEY PENMAN ARRIVED At 7:00 p.m., city Attorney Penman arrived at the closed session. ADJOURN CLOSED SESSION At 7:02 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 7:02 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, Miller; city Attorney Penman; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. 26 2-7-94 ANNOUNCEMENT - CITY ATTORNEY PENMAN (2C) City Attorney Penman announced that in closed session approval was granted to promote Eleanor Dennis of the city Attorney's Office from Legal Secretary Trainee to Legal Secretary I, and stated that the following additional case was discussed in closed session: Stubblefield Construction Comoanv. et al vs. citv of San Bernardino. et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeals Case No. 4th civil No. E009749 (C/W E010088) . ADJOURNMENT (27) At 7:03 p.m., the regular meeting of the Mayor and Common Council adjourned. The next meeting will be held on Monday, February 21, 1994, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By: anna Cordova eputy City Clerk No. of Items: 46 No. of Hours: 10.20 27 2-7-94