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HomeMy WebLinkAbout08-15-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 15, 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 8:02 a.m., Monday, August 15, 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; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:02 a.m., the Mayor and Common Council Commission recessed to closed session for the following: (1 & 8-20) and Community Development 1. Pursuant to Government Code Section 54956.9(a): (A) Conference with legal counsel - existing litigation: (I) Leslie Bond vs. San Bernardino Communitv Develot'ment Commission. et al - San Bernardino Superior Court Case No. 276373; (2) LaVonne Ferguson YS. City of San Bernardino - United States District Court Case No. SACV 94-143 AHS; (3) John Rangiala vs. City of San Bernardino. et al- San Bernardino Superior Court Case No. SCV 02176; (4) Medflv Eradication Cases. Judicial Council Coordination Proceeding No. 2487 - Los Angeles County Superior Court; (5) Thomas Armendariz vs. James Penman. et al - United States District Court Case No. 91-5757; (6) Juanita Scott. et al vs. Common Council of the City of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. 1 8/15/94 (B) Conference with legal counsel - anticipated litigation: (I) Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9. (C) Conference with labor negotiator: (1) Pursuant to Government Code Section 54957.6: Agencv Negotiator: Shauna Clark, City Administrator Emolovee Organizations: San Bernardino Police Officers' Association, representing the Police Safety Employees. International Association of Firefighters, Local 891, representing Fire Safety Employees. (D) Threat to public services or facilities: (Council Chambers Security)(Continued from August 1, 1994) (1) Pursuant to Government Code Section 54957: (a) Consultation with Sergeant. San Bernardino Police Department. CLOSED SESSION At 8:02 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Also present: Deputy City Attorney Roth, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Barbara Dillon, Director of Personnel; Will Wright, Fire Chief. COUNCIL MEMBER MILLER ARRIVED At 8: 10 a.m., Council Member Miller arrived at the closed session. 2 8/15/94 COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8: 12 a.m., Council Member Pope-Ludlam arrived at the closed session. DANIEL ROBBINS, CHIEF OF POLICE At 8: 15 a.m., Daniel Robbins, Chief of Police, arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale 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. WILL WRIGHT, FIRE CHIEF, & BARBARA DILLON, DIRECTOR OF PERSONNEL, EXCUSED At 8:26 a.m., Will Wright, Fire Chief, and Barbara Dillon, Director of Personnel left the closed session. CITY ADMINISTRATOR SHAUNA CLARK & DANIEL ROBBINS, CHIEF OF POLICE, EXCUSED At 8:53 a.m., City Administrator Shauna Clark and Daniel Robbins, Chief of Police, left the closed session. SERGEANT STEVE KLETTENBERG, SAN BERNARDINO POLICE DEPARTMENT, ARRIVED At 8:54 a.m., Sergeant Steve Klettenberg, San Bernardino Police Department, arrived at the closed session. SERGEANT STEVE KLETTENBERG, SAN BERNARDINO POLICE DEPARTMENT, EXCUSED At 8:57 a.m., Sergeant Steve Klettenberg, San Bernardino Police Department, left the closed session. ADJOURN CLOSED SESSION At 9:02 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 9:07 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. 3 8/15/94 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance with led by Council Member Negrete. CLOSED SESSION ACTION (1 & 8-20) Mayor Minor announced that the following actions had been taken in closed session: Employee Organization: San Bernardino Police Officers' Association (SBPOA). representing the Police Safety Employees: (1-C) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the City Administrator be authorized to proceed seeking out non-binding mediation to resolve the contract issues between the City and the San Bernardino Police Officers' Association (SBPOA). The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Abstain: Council Member Hernandez. Absent: None. Emplovee Organization: International Association of Firefighters. Local 891. representing the Fire Safetv Employees: (8-20) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the City Administrator be authorized to prepare and enter into an agreement with the Fire Union which would provide a two-year contract ending August 1996, and providing for the following: a post survivors retirement program at a cost of $214,000 per year, the cost to be shifted to year three, August 1996; a one-time reclassification bonus of $7,700 for PI Paramedics to P2 Paramedics, to be paid in year one; an increase in medical benefits amounting to $7,283 per year, to be paid in year one in each year of the contract; and providing for 144 hours of union time off each year of the contract to be deferred until year two of the contract. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. 4 8/15/94 APPOINTMENT - G. HAROLD DUFFY - HUMAN RELATIONS COMMISSION - COUNCIL MEMBER HERNANDEZ (2) In a memorandum dated August 10, 1994, Mayor Minor recommended the appointment of G. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, to the Human Relations Commission. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of G. Harold Duffy to the Human Relations Commission, as requested by Council Member Hernandez, be approved. PROCLAMATION - NATIONAL JOB TRAINING PARTNERSHIP ACT (J.T.P.A.) ALUMNI MONTH - AUGUST 1994 (2-A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring August 1994, as National Job Training Partnership Act (J.T.P.A.) Alumni Month in the City of San Bernardino. Jim Schneider, Private Industry Council (P.I.C.) Chairman, and Deborah Hagar, Private Industry Council (P.I.C.) Vice Chairman, accepted the proclamation. COMMENDATION - SAM HENLEY - OUTGOING PRIVATE INDUSTRY COUNCIL (P.I.c.) MEMBER (2-D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to Sam Henley, outgoing Private Industry Council (P.I.C.) member, in recognition of his many years of dedicated volunteer service to the community. Sam Henley accepted the commendation. CERTIFICA TES OF ACHIEVEMENT - JOB TRAINING PARTNERSHIP ACT (J.T.P.A.) ALUMNI (2-C) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the Job Training Partnership Act (J.T.P.A.) alumni receiving Certificates of Achievement: Yalanunda Benitez in Ward One, George Charles in Ward Two, and Rhonda Smith in Ward Six. Yalanunda Benitez, George Charles, and Rhonda Smith accepted the Certificates of Achievement. COMMENDATION - LILLIAN MURILLO - SAN BERNARDINO EMPLOYMENT & TRAINING AGENCY (S.B.E.T.A.) - OUTGOING SUMMER YOUTH PROGRAM SUPERVISOR - WARD SIX (2-D) 5 8/15/94 J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to Lillian Murillo, San Bernardino Employment and Training Agency (S.B.E.T.A.) Outgoing Summer Youth Program Supervisor, in the Sixth Ward. Lillian Murillo accepted the commendation. COMMENDATION - DAVID HELMAN - HELMAN'S DEPARTMENT STORE - SAN BERNARDINO EMPLOYMENT & TRAINING AGENCY (S.B.E.T.A.) - OUTGOING EMPLOYER OF THE YEAR (2-E) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to David Helman, Helman's Department Store, San Bernardino Employment and Training Agency (S.B.E.T.A.) Outgoing Employer of the Year. David Helman accepted the commendation. COMMENDATION - DAVID CARSON & WILLIE SMITH - NATIONAL EDUCATION CENTER - SAN BERNARDINO EMPLOYMENT & TRAINING AGENCY (S.B.E.T.A.) - PROGRAM OPERATOR OF THE YEAR (2-F) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to David Carson, President, and Willie Smith, Director of Financial Aid, National Education Center. The San Bernardino Employment and Training Agency (S. B. E. T. A.) selected the National Education Center as Program Operator of the Year. David Carson and Willie Smith accepted the commendation. CERTIFICATES OF FRIENDSHIP - TACHIKAWA, JAPAN SISTER CITIES EXCHANGE STUDENTS (2-G) Jean Anderson, Executive Director, Cultural and International Affairs, Mayor's Office, read the names of the Tachikawa, Japan Sister Cities exchange students receiving Certificates of Friendship: Yoshiuki Isawa, Yuuki Kagaya, Nobuaki Okanda, and Aki Sawatari. SAN BERNARDINO MEXICALI VILLAHERMOSA COMMITTEE SISTER CITIES - READER'S DIGEST SPECIAL ACHIEVEMENT AWARD (2-D) Jean Anderson, Executive Director, Cultural and International Affairs, Mayor's Office, stated that the San Bernardino ViIlahermosa Mexicali Sister Cities Committee had recently been awarded the Reader's Digest Special Achievement Award in recognition of the Business and Special Education exchange programs between California State University, San Bernardino and the Universidad Autonoma de Baja California. Professors and students from both universities 6 8/15/94 participated in exchange programs that explore the business cultures on both sides of the region. Since its inception, the program has grown to include a Master's Degree curriculum. Aurora Huesca, Nancy Sedlak, Denise Jaime, and Carlos Huesca, San Bernardino Mexicali VilIahermosa Sister Cities Committee Members presented the award to Mayor Minor on behalf of the San Bernardino Mexicali VilIahermosa Sister Cities Committee. SERVICE PIN AWARD CEREMONY (2-1) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the City. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed concern that a recent article in The Sun newspaper regarding campaign contributions was biased and did not accurately present the facts. CITY ATTORNEY PENMAN RETURNED At 9:31 a.m., City Attorney Penman returned to the Council meeting. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3-A) Council Member Hernandez voiced concern that a recent article in The Sun newspaper relative to campaign contributions was biased and did not correctly present the facts. CITY ATTORNEY PENMAN EXCUSED At 9:39 a.m., City Attorney Penman left the Council meeting, and was replaced by Deputy City Attorney Roth. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3-B) Council Member Pope-Ludlam voiced concern that a recent article in The Sun newspaper concerning campaign contributions was divisive and did not accurately present the facts. ANNOUNCEMENT - MAYOR MINOR (3-C) Mayor Minor stated that the recent article in The Sun newspaper regarding campaign contributions were accurate and factual as it related to him. 7 8/15/94 PUBLIC COMMENTS - GARY KIRBY (4) Gary Kirby, 1505 Yardley, San Bernardino, CA. recommended that Council Members abstain from voting on any matters relating to individuals or businesses from whom they have received campaign contributions. PUBLIC COMMENTS - VERNON BRAGG, JR. (4-A) Vernon Bragg, Jr., 1941 North Joyce Avenue, Rialto, CA, requested that the trees in the 2500 and 2600 blocks of West Maple Avenue be trimmed because they are blocking the street lights; and that there be more police patrols in the neighborhood. PUBLIC COMMENTS - NICK GONZALEZ (4-B) Nick Gonzalez, 3288 North Mayfield, San Bernardino, CA, urged the Mayor and Council to focus their funding resources on reducing crime and expanding police services in the community. PUBLIC COMMENTS - LARRY SINGLETON ( 4-C) Larry Singleton, 655 West 21st Street, San Bernardino, CA, expressed opposition to the Police Department's current zero tolerance vehicle code enforcement policy as it is discriminatory to low-income residents of the City. PUBLIC COMMENTS - RONALD COATS (4-D) Ronald Coats, 25819 Date Street, San Bernardino. CA, urged the Council to abstain from voting on any matter relating to individuals or businesses from whom they have received campaign contributions. PUBLIC COMMENTS - JAMES ROE (4-E) James Roe, 2327 Willow Drive, San Bernardino, CA, expressed gratitude to Council Members Oberhelman and Devlin for their service to the community. PUBLIC COMMENTS - PAT MILLIGAN (4-F) Pat Milligan, President, San Bernardino Valley Municipal Water District, 1350 South "E" Street, San Bernardino, CA, requested that the Mayor and Council meet with the San Bernardino Valley Municipal Water District regarding ownership of the property and buildings located at 1350 South "E n Street. 8 8/15/94 PUBLIC COMMENTS - LINDA MEZA (4-G) Linda Meza, 732 West Campus Way, San Bernardino, CA, requested that Council Members abstain from voting on matters relating to individuals or businesses from whom they have received campaign contributions. PUBLIC COMMENTS - ROGER BENTON (4-H) Roger Benton, 732 West Campus Way, San Bernardino, CA, stated that in order to revitalize the community, the City must first make strides in eliminating blight and reducing crime. PUBLIC COMMENTS - CHRIS ELLIS (4-1) Chris Ellis, 1505 Northpark Boulevard #140, San Bernardino, CA, expressed concern regarding the lack of decorum at recent council meetings. and urged the Council to abstain from voting on any matter relating to individuals or businesses from whom they have received campaign contributions. PUBLIC COMMENTS - JEFF WRIGHT ( 4-J) Jeff Wright, P. O. Box 2341, San Bernardino. CA, recommended that the Council abstain from voting on matters relating to individuals or businesses from whom they have received campaign contributions. PUBLIC COMMENTS - PAUL CHANEY (4-K) Paul Chaney, 1532 Belle Street, San Bernardino, CA, expressed concern regarding several dead trees located in Seccombe Lake, Perris Hill and Meadowbrook Parks, and urged that the trees be removed as they present a hazard to residents of the City. PUBLIC COMMENTS - RICKY V AN JOHNSON (4-L) Ricky Van Johnson, P. O. Box 7171, San Bernardino, CA, urged residents to vote and become active in efforts to improve the community. RECESS MEETING At 10:40 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:47 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. 9 8/15/94 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. YOUTH ACCOUNTABILITY BOARD PROGRAM - RESOLUTION OF SUPPORT - COUNCIL MEMBER OBERHELMAN (32) In a memorandum dated August 4, 1994, Council Member Oberhelman, requested that the Mayor and Council adopt a resolution of support implementing the Youth Accountability Board Program in the City; and that said resolution of support be presented to the County of San Bernardino Probation Department. Discussion ensued regarding the merits of the Youth Accountability Board Program. Concern was expressed regarding the need to have individual Youth Accountability Boards operating within small neighborhoods in order to maintain close contact with the youth in need. Louis Lopez, 323 West 18th Street, San Bernardino, CA, expressed support for the Youth Accountability Board Program; however, requested that the matter be referred to a committee for refinement of the language regarding local control of each Youth Accountability Board in order to maximize the benefits of the program. Donald Jolly Gabriel, P. O. Box 951, San Bernardino, CA, expressed support for the Youth Accountability Board Program; however, requested that the matter be referred to a committee for refinement of the language regarding local control of each Youth Accountability Board. Discussion ensued regarding how best to structure and operate the Youth Accountability Board Program to meet the needs of youth at risk. Ed Switzer, 3348 Leroy Street, San Bernardino, CA, representing Inland Congregations United for Change (I.C.U.c.), expressed support for the Youth Accountability Board Program; and pledged to work with the City to establish and implement Youth Accountability Boards throughout the City. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed support for the Youth Accountability Board Program; and urged residents to volunteer to serve on Youth Accountability Boards within the City. Ray Wingard, Deputy Chief Probation Officer, San Bernardino County Probation Department, 175 West Fifth Street, San Bernardino, CA, explained that Youth Accountability 10 8/15/94 Boards provide an opportunity to save youth from a life of crime; a means for youth to make restitution for crimes they commit; expressed concern relative to including local control language in the resolution; and explained that all youth in the community must have equal access to the Youth Accountability Board Program. Discussion ensued regarding youth performing their community service within their own neighborhoods in an effort to make the community service more effective and meaningful to them; and the merits and operating structure of the Youth Accountability Boards. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the Youth Accountability Program for the City of San Bernardino be approved; and that the recommended resolution of support be presented to the County of San Bernardino Probation Department. (Note: There was no vote taken.) Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, that the matter be referred to the Legislative Review Committee to include language in the resolution of support relative to the local control of the Youth Accountability Boards; and that the matter return on September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) Concern was expressed regarding the funding requirements for the Youth Accountability Boards. Mildred Kelly, 175 West Fifth Street, San Bernardino County Probation Department, San Bernardino, CA, explained that the Youth Accountability Boards are operated by volunteers, and their funding comes from private donations; therefore, the Program does not require City funding to operate. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, to adopt the concept of the Youth Accountability Board Program and allow the Mayor and Common Council to collaborate with the Inland Congregations United for Change, LC.U.C., to implement the program. (Note: There was no vote taken.) Discussion continued regarding the merits of the Youth Accountability Board Program. Council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, that the matter be referred to the Legislative Review Committee to collaborate with the Inland Congregations United for Change (LC.U.C.); and that the matter return to the Mayor and Common Council for action as soon as possible, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. 11 8/15/94 MANAGEMENT/CONFIDENTIAL COMPENSATION STUDY - PERSONNEL CONCEPTS - TONY GERCZAK, EXECUTIVE VICE PRESIDENT/CEO (27) In a memorandum dated August 4, 1994, Barbara Dillon, Director of Personnel, stated that Resolution No. 89-129 relating to the salary and benefits of management and confidential employees states that a salary survey shall be conducted in odd-numbered years, beginning in 1989, and shall compare salaries of the employee classifications covered by the resolution with similar classifications in other municipalities. A benefit survey shall be conducted in even numbered years, beginning in 1990, and shall compare benefits of the employee classifications covered by the resolution with similar classifications in other municipalities. A salary survey was conducted in 1991. Because the salary survey was implemented a year later in 1992, a benefits survey was not conducted that year. The salary and benefits survey was combined, in order to reduce costs and to meet the terms of Resolution No. 89-129. The firm selected for the survey was Personnel Concepts, at a cost of $7,200. The Draft Final Compensation Report indicates that the City's management and confidential employee classifications are not competitive with the labor market. Thirty-six of the forty survey classifications are below the labor market median, and of the thirty-six classes, twenty-four classifications are between five and fifteen percent below the labor market median. The City's total compensation pay practices, including benefits, are competitive with the labor market. The City's leave policies which include vacation, sick leave, holidays, administrative leave; are consistent with a majority of the agencies surveyed. Mr. Gerczak, Personnel Concepts, reviewed the methodology and results of the management/confidential compensation study, and answered questions regarding the surveys. Discussion ensued regarding whether to refer the matter to the Personnel Committee for a more comprehensive analysis of the survey process and results; and whether the comparison information used from other municipalities was accurate. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be referred to the Personnel Committee. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (23) This is the time and place set for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated July 26, 1994, City Clerk Rachel Clark, requested authorization to impose liens on parcels of property for uncollected business registration fees. 12 8/15/94 Mayor Minor opened the hearing. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following addresses: 5205 Lakewood, 2666 Acacia Avenue, 1703 Valencia, 5085 Varsity Avenue, 2124 West Sheridan Road, 782 East 20th Street, 2073 North Newcomb Street, 3519 East 21st Street, 3529 East 21st Street, 2231 East 20th Street, and 2221 East 20th Street. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to imposing liens on property for uncollected business registration fees. RES. 94-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (23) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the hearing be closed; that said resolution be adopted, and that Exhibit "A" be amended to delete the following addresses: 5205 Lakewood, 2666 Acacia Avenue, 1703 Valencia, 5085 Varsity Avenue, 2124 West Sheridan Road, 782 East 20th Street, 2073 North Newcomb Street, 3519 East 21st Street, 3529 East 21st Street, 2231 East 20th Street, and 2221 East 20th Street. The motion carried, and Resolution No. 94-237 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. PUBLIC HEARING - NON DISPOSAL FACILITY ELEMENT (NDFE) & SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) LETTER OF ADDENDUM - SEE RELATED ITEM #30 (24) This is the time and place set for a public hearing to consider the Non Disposal Facility Element (NDFE) and Source Reduction and Recycling Element (SRRE) Letter of Addendum. In a memorandum dated July 27, 1994, Pat Malloy, Director of Public Services, stated that in accordance with the California Integrated Waste Management Act of 1989 (Assembly Bill 939), the City adopted a Source Reduction and Recycling Element (SRRE) in 1992. Subsequently, Assembly Bill 3001 was adopted which requires the Non Disposal Facility Element (NDFE). The City must update its original recycling plan, the SRRE, and add a new planning element, the NDFE, to show where recyclables may be sent. The NDFE anticipates the development and use of the following facilities in order to reduce the waste stream: a future recycling plant, an intermediate loading center for recyclables, a recycling plant to process the City's pilot program materials, and a green waste processor that would accept the City's commercial green waste material. The letter of addendum to the SRRE describes the City's plan 13 8/15/94 to start reducing the amount of green waste and the recycling of certain commingled recyclables to meet the 1995 goal to reduce the waste stream by twenty-five percent rather than the more expensive alternative of the Material Recovery Facility (MRF). This action would cause no impact on either the General Fund or the Refuse Enterprise Fund budgets. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested clarification as to what changes have been made to the City's recycling program. Shauna Clark, City Administrator, explained the City's short and long term recycling program goals. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE NONDISPOSAL FACILITY ELEMENT (NDFE) AND THE LETTER OF ADDENDUM TO THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE). (SEE RELATED ITEM #30) (24) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken.) Discussion ensued regarding how the City would meet the State mandate to reduce the waste stream by twenty-five percent by 1995. City Administrator Shauna Clark explained the City's short and long term efforts to meet the State mandate to reduce the waste stream by twenty-five percent by 1995, and fifty percent by the year 2000. Concern was expressed regarding the cost to implement the programs to meet the State mandates to reduce the waste stream. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Oberhelman, 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, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. 14 8/15/94 RECESS MEETING At 12:06 p.m., Mayor Minor recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 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; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: Council Member Miller; City Administrator Shauna Clark. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CAROUSEL MALL EXPANSION PROJECT. (34-A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT. (34-B) Mike Hays, Assistant Director of Planning and Building Services, explained the scope of the agreements; and stated that Carousel Mall has requested that the matter be continued until September 6, 1994. COUNCIL MEMBER MILLER RETURNED At 2:07 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Steve Grace, Lilburn Corporation, 784 North "D" Street, San Bernardino, CA, representing the Carousel Mall, requested that the matter be continued to allow additional time to review the proposed documentation. Jeff Wright, P.O. Box 2341, San Bernardino, CA. asked when the public would be given the opportunity to give public comments on the environmental review reports. 15 8/15/94 Council Members Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolutions be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 2:10 p.m., City Administrator Shauna Clark returned to the Council meeting. CLAIMS AND PAYROLL (19) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated August 5, 1994, from the Director of Finance, be approved. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that resolutions and ordinances should be read in their entirety, and expressed opposition to waiving the full reading of resolutions and ordinances. 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, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Curlin, 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 6, 1994, June 20, 1994, and July 11, 1994. FUNDING REQUEST & WAIVER OF FEES - $17,330 - MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION - SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CASA RAMONA, INC. - DISCUSSED LATER IN THE MEETING - SEE PAGE 19 (7) In a memorandum dated August 4, 1994, Shauna Clark, City Administrator, transmitted a letter from Belinda Ramos, Castillo 94 Coordinator, Casa Ramona, Inc., 1524 West 7th Street, San Bernardino, CA, requesting that financial assistance in the amount of $12,950, be approved, and that City fees in the amount of $4,380, be waived; for a total funding request of $17,330, for the Mexican Independence Day Castillo celebration to be held September 15, 1994 at Seccombe Lake Park. 16 8/15/94 Concern was expressed that there are other organizations in the community conducting September 15 festivities that would also request funding from the City; therefore, it would be premature to approve this request at this time. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Negrete withdrew his second. The motion failed for lack of a second. Discussion ensued regarding the merits of the request for funding. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AMERICAN BUILDING MAINTENANCE FOR THE FURNISHING AND DELIVERY OF CUSTODIAL SERVICE FOR FELDHEYM LIBRARY, TO BE UTILIZED BY THE LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-95-05. (8) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 2:23 p.m., the Mayor and Common Council Commission recessed to closed session for the following: (1 & 8-20) and Community Development 1. Pursuant to Government Code Section 54956.9(a): (A) Conference with legal counsel - existing litigation: (1) Leslie Bond vs. San Bernardino Community Develooment Commission. et al - San Bernardino Superior Court Case No. 276373; 17 8/15/94 (2) LaVonne Ferguson vs. City of San Bernardino - United States District Court Case No. SACV 94-143 AHS; (3) John Rangiala vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. SCV 02176; (4) Medflv Eradication Cases. Judicial Council Coordination Proceeding No. 2487 - Los Angeles County Superior Court; (5) Thomas Armendariz vs. James Penman. et al - United States District Court Case No. 91-5757; (6) Juanita Scott. et al vs. Common Council of the Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. (B) Conference with legal counsel - anticipated litigation: (I) Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9. (C) Conference with labor negotiator: (1) Pursuant to Government Code Section 54957.6: Agency Negotiator: Shauna Clark, City Administrator Employee Organization: San Bernardino Police Officers' Association representing the Police Safety Employees. Employee Organization: International Association of Firefighters, Local 891 representing Fire Safety Employees. (D) Threat to public services or facilities: (Council Chambers Security)(Continued from August 1, 1994) (1) Pursuant to Government Code Section 54957: (a) Consultation with Sergeant. San Bernardino Police Department. CLOSED SESSION At 2:23 p.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. 18 8/15/94 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, and Margaret Scroggin, Administrative Operations Supervisor, City Attorneys Office; and Joe Arias and Steve Thomas, outside counsel, MacLachlan, Burford and Arias, 560 East Hospitality Lane, San Bernardino, CA. ADJOURN CLOSED SESSION At 3:25 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 3:25 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, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: Council Member Pope-Ludlam; City Administrator Shauna Clark. RECONSIDER - FUNDING REQUEST & WAIVER OF FEES - $17,330 - MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK- CAS A RAMONA, INC. - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 16 (7) This is the time and place set to reconsider action taken earlier in the meeting relative to the Mexican Independence Day Castillo Celebration to be held September 15, 1994, sponsored by Casa Ramona, Inc. Council Member Miller made a motion, seconded by Council Member Devlin, that the previous action taken on the matter be reconsidered. The motion failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Miller. Nays: Council Members Negrete, Curlin, Hernandez. Absent: Council Member Pope- Ludlam. There was no further action taken on the matter during this meeting. 19 8/15/94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:28 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 Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. COUNCIL MEMBER POPE-LUDLAM RETURNED At 3:29 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RECESS MEETING - CLOSED SESSION At 4:35 p.m., the Mayor and Common Council Commission recessed to closed session for the following: (1, 8-20, R-7 & RS-2) and Community Development 1. Pursuant to Government Code Section 54956.9(a): (A) Conference with legal counsel - existing litigation: (1) Leslie Bond vs. San Bernardino Community Development Commission, et al - San Bernardino Superior Court Case No. 276373; (2) LaVonne Ferguson vs. City of San Bernardino - United States District Court Case No. SACV 94-143 AHS; (3) John Rangiala vs. Citv of San Bernardino. et al- San Bernardino Superior Court Case No. SCV 02176; (4) Medfly Eradication Cases. Judicial Council Coordination Proceeding No. 2487 - Los Angeles County Superior Court; (5) Thomas Armendariz vs. James Penman. et al - United States District Court Case No. 91-5757; (6) Juanita Scott. et al vs. Common Council of the City of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. (B) Conference with legal counsel - anticipated litigation: (1) Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9. (C) Conference with labor negotiator: 20 8/15/94 (1) Pursuant to Government Code Section 54957.6: Agencv Nel].otiator: Shauna Clark, City Administrator Emoloyee Organizations: San Bernardino Police Officers' Association, representing the Police Safety Employees. International Association of Firefighters, Local 891, representing Fire Safety Employees. (D) Threat to public services or facilities: (Council Chambers Security)(Continued from August 1, 1994) (1) Pursuant to Government Code Section 54957: (a) Consultation with Sergeant. San Bernardino Police Department. (E) Conference with real property negotiator pursuant to Government Code Section 54956.8: (1) Property: Mobile Home Parks: Rancho Meridian, 2686 West Mill Street; Meridian Terrace, 243 North Meridian; Orangewood Estates, 2160 West Rialto Avenue; and Tropicana Estates, 721 East 9th Street. Negotiating parties: Redevelopment Agency-DeAnza/London Group; and the owners of Rancho Meridian, Meridian Terrace, Orangewood Estates; and Tropicana Estates Mobile Home Parks. Under negotiation: price and terms of payment. (2) Property: May Company Building located at Inland Center Mall. Negotiating Parties: Economic Development Agency staff; representatives of May Company and General Growth. Under negotiation: price and terms of acquisition by lease and payment. CLOSED SESSION At 4:35 p.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. 21 8/15/94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam; Deputy City Attorney Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Devlin, Miller. Also present representing the Economic Development Agency: Kenneth Henderson, Executive Director, Development Department; Tim Sabo. Sabo and Green, special counsel, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA; Jim Iverson and Rhonda Connolly, Miller and Schroeder, bond consultant, 505 Lorna Santa Fe Drive, Suite #200, Solano Beach, CA; and Brooks London, Mike Silverman, and Bonnie Bonfanti, DeAnza/London Group, mobile home park ownership conversion consultants, 201 North "E" Street, Suite #207, San Bernardino, CA. BROOKS LONDON, MIKE SILVERMAN, & BONNIE BONFANTI, DEANZA/LONDON GROUP, MOBILE HOME PARK OWNERSHIP CONVERSION CONSULTANTS EXCUSED At 4:53 p.m., Brooks London, Mike Silverman, and Bonnie Bonfanti, DeAnza/London Group, mobile home park ownership conversion consultants, 201 North "E" Street, Suite #207, San Bernardino, CA, left the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 5:06 p.m., City Administrator Shauna Clark left the closed session. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 5:36 p.m., Council Member Pope-Ludlam left the closed session. COUNCIL MEMBER CURLIN EXCUSED At 5:59 p.m., Council Member Curlin left the closed session. COUNCIL MEMBER POPE-LUDLAM & CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 6:00 p.m., Council Member Pope-Ludlam, and City Administrator Shauna Clark returned to the closed session. ADJOURN CLOSED SESSION At 6:02 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 6:02 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. 22 8/15/94 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. CLOSED SESSION ACTION (I-A-6) Mayor Minor announced that the following action had been taken in closed session: Council Member Hernandez made a motion, seconded by Council Member Negrete, that Sabo and Green be authorized to proceed with an appeal of the Superior Court's decision to the Fourth District Court of Appeals in the matter of: Juanita Scott, et al vs. Common Council of the Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. RES. 94-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY THE SAN BERNARDINO CITY EMPLOYEES' ASSOCIATION. (9) RES. 94-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN . . ." BY CODIFYING PRIOR COUNCIL ACTIONS. (MIDDLE MANAGEMENT) (10) RES. 94-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE SERIOlJS HABITUAL OFFENDER PROJECT ADMINISTERED BY THE OFFICE OF THE CRIMINAL JUSTICE PLANNING - YEAR TWO, AND REPEALING RESOLUTION NO. 94-203. (11) 23 8/15/94 RES. 94-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (12) RES. 94-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JET MOBILE SERVICES FOR REPAIRING OF THREE AND FOUR CUBIC YARD BINS WITHIN THE CITY. (13) RES. 94-243 - 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) (14) RES. 94-244 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM ALVIN C. WATSON, ORVILLE WATSON, SHIRLEY ROARK, CHARLINE SWEDELL, AVALEE JOBBES, JOHN L. WATSON AND AUDREY NORRIS, EACH AS TO AN UNDIVIDED I/7TH INTEREST, FOR DONATED PROPERTY KNOWN AS PARCEL NO. 139-103-14 FOR WATER DEPARTMENT USE. (15) RES. 94-245 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA FOR SEW AGE DISPOSAL. (16) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 94-238, 94-239, 94-240, 94-241, 94-242, 94-243, 94-244, and 94-245 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-908 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (E) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE HEIGHT RESTRICTION OF 150 FEET, IN THE CR-2, COMMERCIAL REGIONAL (DOWNTOWN), LAND USE DESIGNATION. Final (17) 24 8/15/94 ORD. MC-909 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (A), TABLE 06.03 AND TABLE 08.02 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ADULT BUSINESSES. Final (18) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinances be adopted. Ordinance Nos. MC-908 and MC-909 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (20) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated August 4, 1994, in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 94-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL. (21) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-246 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ALLEY VACATIONS - EAST/WEST ALLEY BETWEEN EVANS & MAGNOLIA & "E" & "F" STREETS - SOUTH LEG OF NORTH/SOUTH ALLEY ALONG "E" STREET - AUTHORIZATION TO PROCEED & APPROVE PLANS (22) In a memorandum dated July 28, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from the San Bernardino Police Department to vacate the east/west alley lying between Evans and Magnolia Streets, and between "E" and "F" Streets, and the south leg of the north/south portion of the alley lying along "E" Street. The north leg of the east portion of the alley was vacated in March 1992. 25 8/15/94 The request by the San Bernardino Police Department eliminates the access problems for the adjoining properties and allows the City to vacate all the east/west portion of the alley, the south portion of the alley, and the south portion of the east leg of the alley. The only portion of the alley which would remain open to public use is the west leg closest to "F" Street. There is no essential residential access from the alley, nor is refuse picked up in the alley. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to proceed with the proposed vacation of the east/west alley lying between Evans and Magnolia and between "E" Street and "F" Street, and the south leg of the northlsouth portion of the alley along "E" Street, and as a "City-initiated" alley vacation, that the vacation processing fee be waived; and that Plan No. 9167, showing the proposed vacation of the east/west alley lying between Evans and Magnolia and between "E" Street and "F" Street and the south leg of the north/south portion of the alley along "E" Street, be approved. PUBLIC HEARING - ASSESSMENT DISTRICT NO. 1012 - CONFIRM FISCAL YEAR 1994-95 ASSESSMENT ROLL. MILL, BURNEY & POPLAR STREETS LANDSCAPING MAINTENANCE DISTRICT - CONTINUED FROM JULY 18, 1994 (25) This is the time and place continued to for a public hearing on Assessment District No. 1012, to confirm the Fiscal Year 1994/95 assessment roll, and approve Assessment Diagram No. 1012 for the maintenance of landscaping on Mill, Burney and Poplar Streets. In a memorandum dated July 29, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that on December 6, 1993, Resolution of Intention No. 93-432 was adopted which commenced formal proceedings to form an assessment district in the Mill, Burney and Poplar Streets area for the maintenance of landscaping. The Resolution of Intention included assessing the first year's estimated maintenance and incidentals cost as a deposit from the developer to fund the first year's actual maintenance contract and those incidental costs which would come after a one year plant guarantee period by the developer. On July 18, 1994, a public meeting was held, and a public hearing was scheduled for August 15, 1994, to hear objections and protests to the proposed assessment. The estimated maintenance costs, including incidentals, for the Fiscal Year 1994/95 is $11,060. The procedural cost for establishing Assessment District No. 1012 is $4,181.60, and would he paid from the up-front deposit made by the developer. Mayor Minor opened the hearing. 26 8/15/94 RES. 94-247 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE FIRST ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, FOR THE MAINTENANCE OF LANDSCAPING ALONG PORTIONS OF POPLAR STREET, MILL STREET AND BURNEY STREET, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1012. (Continued from July 18, 1994) (25) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the public hearing relative to the proposed assessments for Assessment District No. 1012, be closed, and the protests, if any, be overruled. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-247 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - CHAPTER 12.92 STREET IMPROVEMENTS - CONFIRM ENGINEER'S REPORT -PLACE LIEN - CONFIRM FISCAL YEAR 1994-95 ASSESSMENT ROLL - CONTINUED FROM AUGUST 1, 1994 (26) This is the time and place continued to for a public hearing to consider Chapter 12.92 street improvements to confirm the Engineer's Report, place a lien thereon, and confirm the Fiscal Year 1994/95 assessment roll. In a memorandum dated August 1, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that each of the affected property owners were given notice of the necessary fill-in off-site improvements. The notice included the dates and times for the public meeting and public hearing at which their protests or objections of the assessment could be heard. The public meeting was held on August 1, 1994, and none of the affected property owners were present to protest the proposed assessments. The property owners have five days after the confirmation of the assessments in which to pay the total assessment to the Director of Public Works/City Engineer; otherwise, the assessments would be placed on the tax bills and collected over a three-year period at seven percent interest per annum on the unpaid balance. Mayor Minor opened the hearing. 27 8/15/94 RES. 94-248 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO VARIOUS PROPERTIES IN THE CITY OF SAN BERNARDINO, PLACING A LIEN THEREON, AND CONFIRMING THE 1994-95 ASSESSMENT ROLL. (Continued from August 1, 1994) (26) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the public hearing be closed, and the protests, if any, be overruled, that the report by the Director of Public Works/City Engineer be approved; and that said resolution be adopted. The motion carried, and Resolution No. 94-248 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-249 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . .;" AND AUTHORIZING THE INSTALLATION OF A STOP SIGN, FOR NORTHBOUND TRAFFIC, AT THE INTERSECTION OF COLLEGE AVENUE AND VARSITY A VENUE. (28) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-249 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES 94-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS . . .; '. AND AUTHORIZING THE INSTALLATION OF A FOUR- WAY STOP AT THE INTERSECTION OF "H" STREET AND TWENTY-SEVENTH STREET. (29) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 28 8/15/94 Resolution No. 94-250 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND RUBBISH. (See Related Item #24) Final (30) Council Member Miller made a motion, seconded by Council Member Negrete, that said ordinance be adopted. (Note: There was no vote taken.) Shauna Clark, City Administrator, answered questions relative to the reduction of twice a week to once a week refuse pickup. Discussion ensued regarding the costs of complying with the State mandate for reducing the waste stream by twenty-five percent by 1995. Pat Malloy, Director of Public Services, answered questions regarding the change in the refuse pickup schedule from twice a week to once a week. Discussion ensued regarding the best method for reducing the waste stream by twenty- five percent by 1995; and whether once a week trash pick-up would be adequate to meet the needs of the residents. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. DISCUSS ISSUES PERTAINING TO SEXUAL HARASSMENT - COUNCIL MEMBER HERNANDEZ (31) In a memorandum dated August 5, 1994, Council Member Hernandez requested that a discussion be held regarding the lack of understanding by the public regarding sexual harassment; and the City's liability regarding sexual harassment. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 29 8/15/94 COUNCIL MEMBER POPE-LUDLAM EXCUSED At 6:28 p.m., Council Member Pope-Ludlam left the council meeting. PERSONNEL ACTION - APPOINTMENT - RONALD G. BLYMILLER , ENGINEERING ASSISTANT III - RANGE 1399, STEP 1, $3245/MO. EFFECTIVE 8-16-94 (33) This is the time and place set to consider of a personnel action to approve the appointment of Ronald G. Blymiller as an Engineering Assistant III, Range 1399, Step 1, $3245/month, effective August 16, 1994. Concern was expressed that the job announcement for the recruitment of the position did not accurately reflect the job responsibilities, and; therefore, had excluded potentially qualified candidates from the recruitment process. Ernest Wilson, Affirmative Action Officer, Mayor's Office, explained that he had reviewed the recruitment process, and has concluded that the job announcement was adequate and the recruitment process was fair. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the appointment of Ronald G. Blymiller, Engineering Assistant III, be approved at Range 1399, Step 1, $3245/month effective August 16, 1994. The motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Hernandez. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 6:30 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN RETURNED At 6:31 p.m., City Attorney Penman returned to the Council meeting. RES. 94-251 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A PORTION OF CERTAIN BONDS ENTITLED COMMUNITY FACILITIES DISTRICT NO. 995 OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA) SPECIAL TAX BONDS, APPROVING THE CANCELLATION OF A PORTION OF SAID BONDS AND THE DEFEASANCE OF THE REMAINDER, APPROVING THE FORM OF ESCROW AGREEMENT RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORM THEREOF. (S-7) 30 8/15/94 RES. 94-252 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MUTUAL RELEASE AND SETTLEMENT AGREEMENT AND A CERTAIN MITIGATION AGREEMENT IN CONNECTION WITH COMMUNITY FACILITIES DISTRICT NO. 995. (S-8) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 94-251 and 94-252 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. STREET NAME CHANGES - FORMER NORTON AIR FORCE BASE (S-6) In a memorandum dated August 10, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that certain streets within the former Norton Air Force Base would be retained during the conversion to private use; therefore, it is requested that the names of these streets be changed for incorporation into the City's system. The Inland Valley Development Agency and the San Bernardino International Airport Authority have agreed to the proposed street name changes as follows: 1st Avenue would become Miller Drive in recognition of Woodrow Miller; 3rd Street would become Gericke Drive in recognition of Otto Gericke; 5th Street would become Bland Drive in recognition of Frank Bland; and "Goo Street would become Townsend Drive in recognition of Arthur Townsend. The $500 processing fee for a street name change has been paid by the Inland Valley Development Agency. All affected City departments, utility companies and the United States Post Office would be notified of the proposed changes and afforded an opportunity to provide input. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Real Property Section of the Public Works/Engineering Department be authorized and directed to proceed with changing the names of 1st Avenue to Miller Drive, 3rd Street to Gericke Drive, 5th Street to Bland Drive, and "G" Street to Townsend Drive. It was the consensus of the Mayor and Common Council present that the remaining items would be discussed on August 16, 1994. RECESS MEETING - AUGUST 15, 1994 At 6:36 p.m., it was the consensus of the Mayor and Common Council that the regular meeting of the Mayor and Common Council be recessed to 11:00 a.m., Tuesday, August 16, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 31 8/15/94 RECONVENE MEETING - AUGUST 16, 1994 At 11 :03 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 Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS BOARD. (S-I) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: There was no vote taken.) Discussion ensued regarding the appeal process for decisions rendered by the Handicap Accessibility Appeals Board, and whether the decision of the Board should be appealable to the Mayor and Common Council. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the matter be continued to September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) City Attorney Penman requested that the matter be continued to later in the meeting to allow time to review the statutes relative to appeals of the Handicap Accessibility Appeals Board. There was no further action taken on the matter during this meeting. RES. 94-253 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. (See related Item S-3) (S-2) John Giblin, Deputy Administrative Officer, County of San Bernardino, 385 North Arrowhead Avenue, San Bernardino, CA, explained that the Public Safety Authority would soon be issuing bonds to fund a portion of the County's unfunded insurance liability, and; therefore, 32 8/16/94 it is necessary to equalize the City's representation on the Public Safety Authority. Mr. Gene Wood is the City's current representative, and it is anticipated that Mr. Jim Robbins would be appointed as the City's second representative. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-253 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Negrete, Pope-Ludlam. APPOINTMENT - JIM ROBBINS - SAN BERNARDINO PUBLIC SAFETY AUTHORITY -CITY'S SECOND REPRESENTATIVE -SEE RELATED ITEM S-2 (S-3) In a memorandum dated August 9, 1994, Mayor Minor recommended the appointment of Jim Robbins, 3905 Valencia Avenue, San Bernardino, CA, to the San Bernardino Public Safety Authority. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Jim Robbins as the City's second representative to the San Bernardino Public Safety Authority, be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11: 12 a.m., Council Member Pope-Ludlam returned at the Council meeting and took her place at the council table. CHANGE ORDER NO. ONE - RELOCATE 11 MATURE OAK TREES - $104,500 CONTRACT INCREASE - TIPPECANOE AVENUE, "C" STREET & DEL ROSA DRIVE IMPROVEMENTS - MATICH CORPORATION (S-4) In a memorandum dated August 8, 1994, Roger Hardgrave, Director of Public W orks/City Engineer, stated that there are several mature oak trees on the former Norton Air Force Base within the scope of the Tippecanoe Avenue, "C" Street (Sheppard Boulevard) and Del Rosa Drive street improvements under contract to the Matich Corporation. Concern has been expressed by several members of the public regarding the need to preserve these trees; therefore, an arborist was contracted to inspect the trees in conflict with the street improvements. The arborist identified eleven trees that could be relocated with a good chance of survival. The Inland Valley Development Agency (IVDA) entered into a separate contract with a landscape contractor to box these eleven oak trees in preparation for moving. A separate contract was necessary in order for them to be boxed before spring growth occurred. Matich Corporation provided a quote of $104,500 to relocate these eleven trees to designated locations 33 8/16/94 within the former Norton Air Force Base. Staff has reviewed the price quote, and feels that it is fair and reasonable. Matich Corporation has commenced removal of the existing roadway improvements; therefore, these eleven oak trees need to be removed before roadway grading can be started. Funds to finance the contract increase of $104,500 would be provided in the following manner: seventy-five percent from the United States Department of Commerce Economic Development Administration grant, and twenty-five percent by the Inland Valley Development Agency. Discussion ensued regarding the cost to move these mature oak trees and the possibility that the trees would not survive the move. Concern was expressed regarding the lack of planning that allowed the omission of the cost of removing, boxing and transporting these trees from the original bid cost. CITY CLERK RACHEL CLARK EXCUSED At 11:19 a.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Vale. Roger Hardgrave, Director of Public Works/City Engineer, stated that the City was not funding the cost for the removal, boxing and transporting of these oak trees; and answered questions regarding the street improvements project. City Administrator Shauna Clark expressed concern regarding the need to approve this change order due to an omission in the original bid to remove, box and transport the eleven oak trees; and explained that the City would be charged stand-by charges for each day that work is delayed due to these trees. Discussion ensued regarding the need to approve the change order so that the street improvements could continue. Council Member Miller made a motion, seconded by Council Member Devlin, that Change Order No. One to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "C" Street, and Del Rosa Drive, in accordance with Plan No. 9053, be approved; to authorize the relocation of eleven mature oak trees, which are within the street improvement area, at an increase in the contract price of $104,500; from $4,113,313 to $4,217,813. The motion carried by the following vote: Ayes: Council Members Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Abstain: Council Member Curlin. Absent: Council Member Negrete. 34 8/16/94 CHANGE ORDER NO. TWO - RELOCATE TWO WATER MAINLINES _ $30,000 CONTRACT INCREASE - TIPPECANOE AVENUE, "COO STREET & DEL ROSA DRIVE IMPROVEMENTS - MATICH CORPORATION (S-5) In a memorandum dated August 9, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Water Department is extending a twenty-inch water main from Del Rosa Drive (Sixth Street) to the easterly portion of the former Norton Air Force Base as part of street improvements being constructed by Matich Corporation. During a field review of the improvements, the Water Department found a twelve-inch and fourteen-inch water line crossing Del Rosa Drive (Sixth Street) which were not shown on construction plans for the improvement of Del Rosa Drive. The Water Department has determined that these lines are approximately one foot below the surface, instead of the standard depth of three to four feet. Due to their shallow depth, these lines are in conflict with the proposed improvements to Del Rosa Drive and must be lowered to facilitate the construction work. Matich Corporation has agreed to lower these lines on a time and materials basis, at a cost not to exceed $30,000. In view of the indeterminate nature of the work, staff believes that this is a fair and reasonable quote. Matich Corporation has commenced removal of the existing roadway improvements; therefore, the water lines need to be lowered to avoid delaying the contractors. The funds to finance the contract increase of $30,000 would be provided in the following manner: seventy-five percent from the United States Department of Commerce Economic Development Administration grant, and twenty-five percent from the Inland Valley Development Agency. Council Member Oberhelman made a motion, seconded by Council Member Miller, that Change Order No. Two to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "COO Street (Sheppard Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053, be approved; and authorize the relocation of two water main lines in Del Rosa Drive, which are in conflict with the street improvements, at an estimated increase in the contract price of $30,000; from $4,217,813 to $4,247,813. The motion carried by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Negrete. CITY ATTORNEY'S OFFICE - ADJUST FISCAL YEAR 1994/95 BUDGET- REINSTATE POSITIONS & APPROVE FUNDING (S-9) In a memorandum dated August 10, 1994, City Attorney Penman stated that at the Fiscal Year 1994/95 budget hearings, the Council engaged in a line-by-line review of the City Attorney's budget, and deleted one proposed Deputy City Attorney IV position, one proposed legal secretary position, and one legal secretary trainee position, while not replacing the correlative costs in the outside counsel budget. The City Attorney's Office was the only office 35 8/16/94 that was handled in this manner. By doing so, the Council has made it impossible for the office to perform its charter-mandated responsibilities which include defending the City in lawsuits. Several cases have held that for elected officers, the governing body "has no legal authority to use its budgetary power to control employment in or operation of the" elected official's office; therefore, the Council may not legally single out an elected officer and then by means of the budget axe, prevent him from performing his statute and charter-mandated duties. It is recommended that the Mayor and Council add the following positions and necessary funding to the City Attorney's Fiscal Year 1994/95 budget: one Deputy City Attorney IV position at a cost of $81,494.40; one Legal Secretary II position at a cost of $37,793.60; and one Legal Secretary Trainee position at a cost of $28,891.20, for a total cost of $148,179.20. Discussion ensued regarding whether discussion should be held in open or closed session. City Attorney Penman explained that the matter should he discussed in open session, and that there is no basis for discussing the matter in closed session. Mr. Penman also expressed concern regarding the City Attorney's Office ability to defend the City against lawsuits due to limited staff resources. City Administrator Shauna Clark explained that the Mayor and Council may go into closed session to discuss pending litigation, and that the matter may be related to the Juanita Scott, et al versus Common Council case. City Attorney Penman explained that this is a separate matter from the Juanita Scott, et ai, versus Common Council case; and that the Mayor and Council needs to address additional funding for the City Attorney's Office. Shauna Clark, City Administrator, expressed concern that it was only two months into the new fiscal year and the City Attorney's Office could not have utilized all of its budget yet. Concern was expressed that City Attorney Penman had a conflict of interest on the matter due to his involvement in the Juanita Scott, et ai, versus Common Council case. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be postponed until Tim Sabo was present to represent the Mayor and Common Council. (Note: There was no vote taken.) Council Member Hernandez made a substitute motion, that the matter be continued to later in the meeting. The motion failed for lack of a second. Discussion ensued regarding whether to discuss the matter at this time. 36 8/16/94 Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the City Attorney's Office budget be adjusted as requested in the staff report dated August 10, 1994. (Note: There was no vote taken.) Concern was expressed that discussing the matter in open session was a violation of the Brown Act. COUNCIL MEMBERS CURLIN, HERNANDEZ & POPE-LUDLAM EXCUSED At 11 :42 a.m., Council Members Curlin, Hernandez and Pope-Ludlam left the Council meeting. LACK OF A QUORUM At 11 :42 a.m., there was no longer a quorum present at the Mayor and Common Council meeting. There was no further action taken on the matter during this meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.10 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROVISION OF EMERGENCY AMBULANCE SERVICE BY THE CITY TO THE RESIDENTS OF THE CITY. First (S-10) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE TRANSFER OF FUNDS FROM THE WATER FUND TO THE CITY'S GENERAL FUND. (S-ll) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE FILLING OF VACANCIES IN THE OFFICE OF THE MAYOR AND CITY ATTORNEY. (S-12) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE RECALL. (CHARTER SECTION 122 - RECALL PROVISIONS) (S-13) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE. (S-14) 37 8/16/94 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE SALARY OF THE MAYOR. (S-15) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.80.010 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALARY OF THE MAYOR. First (S-16) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO EMPLOY LEGAL COUNSEL. (S-17) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EMPLOYMENT OF OUTSIDE COUNSEL. First (S-18) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF THE MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP TO 15% FROM THE WATER FUND TO THE GENERAL FUND. (8-19) Due to the lack of a quorum, there was no action taken on Items S-lO through S-19 during this meeting. ADJOURNMENT (35) At 11 :42 a.m., Mayor Minor adjourned the meeting. The next regular meeting is scheduled for 8:00 a.m., Tuesday, September 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ,// " .-./ / . 1,1(/ ,{{'(e' Melanie Vale Deputy City Clerk -z/ / {//[i;' C .~_ No. of Items: 65 No. of Hours: 9.15 38 8/16/94