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HomeMy WebLinkAbout11-21-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 21, 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, November 21, 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 (1 & S4) At 8:03 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: (A) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Juan Manuel Sanchez vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 87-2291 AWT (Bx) ; Cal Safari. Inc. dba In Cahoots. et al. vs. Citv of San Bernardino. et al. - United States District Court Case No. SACV 94-955 LHM (EEx); City of San Bernardino vs. Liao - San Bernardino Superior Court Case No. 10176; Varqas vs. Rodriquez/Citv of San Bernardino San Bernardino Superior Court Case No. SCV 10966. Thomas Armendariz vs. James F. Penman. et al. - United States District Court Case No. 91-5757; Insurance Companv of the of San Bernardino. et al. CV 94-0125 MRP (Ex). State of Pennsylvania vs. citv - U. S. District Court Case No. 1 11/21/94 (B) Conference with legal counsel significant exposure to Subdivision (b) of Government potential case; - anticipated litigation - litigation pursuant to Code Section 54956.9: one (C) Public employee discipline pursuant to Government Code Section 54957; (D) Conference with legal counsel to consider the recommendations in Kay and Stevens Report regarding allegations of sexual harassment against the City Attorney - anticipated litigation - significant exposure to litigation pursuant tc Government Code Section 54956.9(b): number of potential cases undetermined; (E) Conference with labor negotiator: Aqencv Neqotiator Shauna Clark, City Administrator Mediator Draza Mrvichin, California State Conciliation Service Emplovee Orqanization San Bernardino Police Officers Association (SBPOA) 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 "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Senior Assistant City Attorney Morillo, Senior Deputy City Attorney Simmons, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Attorney Joseph Arias, of MacLachlan, Burford and Arias, 560 East Hospitality Lane, San Bernardino, CA; and Attorneys Robert Owen and Steve Thomas. SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:10 a.m., Senior Deputy City Attorney Simmons left the closed session. ATTORNEYS JOSEPH ARIAS, ROBERT OWEN & STEVE THOMAS EXCUSED At 8:10 a.m., Attorney Joseph Arias, of MacLachlan, Burford and Arias, 560 East Hospitality Lane, San Bernardino, CA; and Attorneys Robert Owen and Steve Thomas left the closed session. 2 11/21/94 READING OF RESOLUTIONS & 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. ATTORNEY CHARLES GREEN ARRIVED At 8:15 a.m., Attorney Charles Green, Sabo and Green, 6320 Conaga Avenue, Suite #400, Woodland Hills, CA, legal counsel to the Economic Development Agency, arrived at the closed session. VICTOR LORCH, DIRECTOR OF RISK MANAGEMENT ARRIVED At 8: 15 a. m., Victor Lorch, Director of Risk Management, arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:20 a.m., Council Member Pope-Ludlam arrived at the closed session. VICTOR LORCH, DIRECTOR OF RISK MANAGEMENT EXCUSED At 8:38 a.m., Victor Lorch, Director of Risk Management, left the closed session. CHIEF ROBBINS, SAN BERNARDINO POLICE DEPARTMENT ARRIVED At 8:40 a.m., Chief of Police Daniel Robbins, San Bernardino Police Department, arrived at the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVED At 8:40 a.m., Deputy City Attorney Diane Roth arrived at the closed session. ATTORNEY CHARLES GREEN EXCUSED At 8:40 a.m., Attorney Charles Green, legal counsel to the Economic Development Agency, left the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8:40 a.m., Senior Assistant City Attorney Morillo left the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8: 56 a. m., Deputy City Attorney Roth left the closed session. DRAZA MRVICHIN, CALIFORNIA STATE CONCILIATION SERVICE, ARRIVED At 8:57 a.m., Draza Mrvichin, California State Conciliation Service, 1164 Rubicon Avenue, Ventura, CA, arrived at the closed session. BARBARA DILLON, DIRECTOR OF PERSONNEL ARRIVED At 8:57 a.m., Barbara Dillon, Director of Personnel, arrived at the closed session. 3 11/21/94 MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED At 8:57 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. ADJOURN CLOSED SESSION At 9:10 a.m., the closed session adjourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 9:12 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, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. SERVICE PIN AWARDS (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received serVlce pin awards in gratitude of their many years of dedicated service to the City: Lawrence Neigel Carlos Huesca Department Years of Service City Attorney's Office 5 year pin Fire 5 year pin Fire 10 year pin Fire 25 year pin Management Information Systems 5 year pin Parks, Recreation and Community Services 5 year pin Parks, Recreation and Community Services 10 year pin Police 25 year pin Public Services 5 year pin 4 11/21/94 Name David Stachowski Perry Pollick Robert Cuellar Michael Owens Michael Arvizo Ann Taylor Hans Messingschlager Gilbert Baeza Adam Webb Public Services 25 year pin Public Works/Engineering 10 year pin Each employee received a service pin presented by Mayor Minor. COUNCIL MEMBER At 9:16 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed hope that the City could move into the holiday season in a spirit of reconciliation. PUBLIC COMMENTS - JEAN STEPHENS (4) Jean Stephens, representing the San Bernardino Area Chamber of Commerce, 546 West 6th Street, San Bernardino, CA, submitted a letter dated October 21, 1994, and requested that the Mayor and Council take action to prohibit any Council Member or City employee from threatening or attempting to influence the public by withholding City contracts. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez expressed concern that Jean Stephens' statements are divisive to the community. PUBLIC COMMENTS - DONNA CONANT (4A) Donna Conant, 1200 Hill Drive, San Bernardino, CA, requested permission to utilize Court Street Square to distribute Thanksgiving dinner to the homeless; and gave City Clerk Rachel Clark a letter dated November 21, 1994, in support of her request. Discussion ensued regarding the best means to assist homeless individuals in the community. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3B) Council Member Pope-Ludlam expressed concern that Jean Stephens' statements are divisive to the community. PUBLIC COMMENTS - J"IM SCHLATA (4B) Jim Schlata expressed opposition to the annexation of the unincorporated San Bernardino County area near Del Rosa Avenue and Date Street. 5 11/21/94 PUBLIC COMMENTS - JEFF WRIGHT (4e) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the City providing assistance to private organizations that provide food to homeless individuals. CLOSED SESSION ACTION (lA) Varoas vs. Rodriquez/City of San Bernardino - San Bernardino Superior Court Case No. SCV 10966. City Attorney Penman announced that the following action had been taken in closed session: Council ~lember Miller made a motion, seconded by Council Member Devlin, that the Mayor and Common Council approve two settlements, in the amounts of $15,000 and $8,000, for a total amount of $23,000. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: None. Absent: Council Member Pope-Ludlam. Council Miller. RES. 94-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (7) RES. 94-347 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH SABO & GREEN, A PROFESSIONAL CORPORATION. (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 94-346 and 94-347 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE SALARY INCREASE CUSTODIAL AIDE FACILITIES MANAGEMENT DEPARTMENT POSITION, (14B) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 10, 1994, concerning the proposed salary increase for the Custodial Aide position in the Facilities Management Department, the Council took the following action: Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that a salary increase for the position of Custodial Aide be approved, effective December 1, 1994, as follows: Step One, $4.46/hr; Step Two, $4.68/hr; Step Three, $4.91/hr; Step Four, $5.15/hr; and Step Five, $5.41/hr, which represents a five percent increase over current salaries; and that 6 11/21/94 the Personnel Department be directed to update Resolution No. 6413, Section Thirteen. AUTHORIZE REORGANIZATION - MANAGEMENT INFORMATION SYSTEMS (MIS) DIVISION - CITY ADMINISTRATOR'S OFFICE (14e) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 10, 1994, concerning the reorganization of the Management Information Systems Division of the City Administrator's Office, the following action was taken: Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the reorganization of the Management Information Systems (MIS) Division, be authorized, effective November 21, 1994, as follows: that the vacant Programmer I position be downgraded from Range 3388, $3,071 $3,733/month, to Programmer, entry level, Range 3370, $2,808 $3,413/month; that Two (2) Programmer I positions be reclassified from Range 3388, $3,071 - $3, 733/month, to a Programmer Analyst, Range 3428, $3,749 - $4, 557/month; and that One (1) Electronics Technician position, Range 1342, $2,442 $2, 968/month, be transferred from Fire Communications to the Management Information Systems (MIS) Division; and that the Personnel Department be directed to update Resolution No. 6413, Section Twelve. CLAIMS AND PAYROLL (16) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated November 10, 1994, from the Director of Finance, be approved. COUNCIL MEMBERS CURLIN & POPE-LUDLAM EXCUSED At 9:49 a.m., Council Members Curlin and Pope-Ludlam left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: September 19, 1994. 7 11/21/94 The motion carried by the following vote: Members Negrete, Hernandez, Oberhelman, Miller. Abstain: Council Member Devlin. Absent: Council Pope-Ludlam. Ayes: Nays: Members Council None. Curlin, RES. 94-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (8) Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that these abatements are illegal. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Ludlam. No. 94-348 was adopted by the following vote: Members Negrete, Hernandez, Oberhelman, Devlin, None. Absent: Council Members Curlin, Pope- COUNCIL MEMBERS CURLIN & POPE-LUDLAM RETURNED At 9:53 a.m., Council Members Curlin and Pope-Ludlam returned to the Council meeting, and took their places at the council table. RES. 94-349 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO BRETT CARLSON CONSTRUCTION FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE PLANNING AND BUILDING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-09. (10) RES. 94-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INTERSTATE FIELD SERVICES FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE PLANNING AND BUILDING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-09. (11) RES. 94-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO YOUNG CONSTRUCTION FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE PLANNING AND BUILDING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-09. (12) Concern was expressed regarding the possible duplication of graffiti abatement services. CITY ATTORNEY PENMAN EXCUSED At 9:53 a.m., City Attorney Penman left the Council meeting, and was replaced by Deputy City Attorney Roth. Shauna Clark, City Administrator, explained that the graffiti 8 11/21/94 services contained in these board-up contracts would only be utilized if the contractor was abatinq graffiti at the same time that a board-up was being conducted; and that the City only contracts to have vacant properties boarded up when all other avenues have been exhausted. Keith Thompson expressed concern regarding the procedure for boarding up vacant properties. Larry Webster, P. O. Box 22023, San Bernardino, CA, expressed opposition to the City boarding up privately-owned property. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 94-349, 94-350, and 94-351 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE FISCAL YEAR 1993/94 CONTINUING APPROPRIATION & ENCUMBRANCE CARRYOVERS (13) Barbara Pachon, Director of Finance, submitted a Staff Report dated October 28, 1994, concerning Fiscal Year 1993/94 Continuing Appropriate and Encumbrance Carryovers. Discussion ensued regarding the items that are being carried forward into the Fiscal Year 1994/95 budget. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to this matter being placed on the consent calendar portion of the agenda. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the proposed Fiscal Year 1993/94 Continuing Appropriation and Encumbrance Carryovers Report, as submi t ted by the Director of Finance, be approved. AUTHORIZE SALARY INCREASE - ANIMAL SHELTER OPERATIONS MANAGER POSITION - ANIMAL CONTROL DEPARTMENT (14A) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 10, 1994, concerning a proposed salary increase for the Animal Shelter Operations Manager position in the Animal Control Department. Discussion ensued regarding the merits of the proposed salary increase for the Animal Shelter Operations Manager position. 9 11/21/94 Council Member Hernandez made a motion, seconded by Council Member Curlin, that a salary increase for the position of Animal Shelter Operations Manager, be approved, effective November 21, 1994, from Range 2326, $2,255 - $2,741/month, to Range 2356, $2,619 - $3, 184/month; and that the Personnel Department be directed to update Resolution No. 6413, Section Eleven. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. Council Miller. AUTHORIZE REORGANIZATION - PURCHASING DIVISION - FINANCE DEPARTMENT (140) Barbara Pachon, Director of Finance, submitted a Staff Report dated November 14, 1994, concerning the proposed reorganization of the Purchasing Division of the Finance Department. A discussion was held relative to the merits of the proposed reorganization. Deputy City Attorney Roth explained that the Purchasing Agent position was established by ordinance; therefore, to eliminate that position, staff should be directed to prepare the appropriate ordinance. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the reorganization of the Purchasing Division, be authorized, effective November 21, 1994, as follows: that the vacant purchasing Agent position be eliminated, $49,464 $60, 120/yr, and replaced with one Purchasing Manager position, $46,740 - $S6,811/yr; that one Senior Buyer position be eliminated, $32,208 - $39,144/yr, and replaced with one Warehouse Supervisor position, $32,208 $39,144/yr; and that One Purchasing Clerk position be eliminated, $19,754 - $24,012/yr, and replaced with one Assistant Buyer position, $26,652 $32,400; and that the Facilities Management and Fleet Management warehouse functions be decentralized, and that one Storekeeper position be transferred to the Public Services Department, with no cost or savings to the City; that the Personnel Department be directed to update Resolution No. 6413, Sections Ten, Eleven, and Fourteen; and that staff be directed to prepare an ordinance to eliminate the currently vacant position of Purchasing Agent. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. Council Miller. DEPUTY CITY ATTORNEY ROTH EXCUSED At 10:10 a.m., Deputy City Attorney meeting, and was replaced by City Attorney Roth left the Council Penman. 10 11/21/94 RES. 94-352 - 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 ABATEMENTS) (15) Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the placement of liens for weed abatements. Keith Thompson stated that the Mayor and Common Council should concentrate on expanding police services and blight abatement. Jeffrey Gibbs expressed concern regarding the condition of the area surrounding Arden and Guthrie. Larry Webster, P. O. Box 22023, San Bernardino, CA, felt that the City should focus on reducing crime and blight. Discussion ensued regarding the measures that have been taken to improve the area near Arden and Guthrie. Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 94-352 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (17) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 10, 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. 94-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT ACROSS THE REAR 5 FEET OF LOTS 87 THROUGH 94 AND LOTS 113 THROUGH 115, TRACT NO. 2259, SAID LOTS LIE SOUTH OF 25TH STREET BETWEEN 1-215 AND MIRAMONTE DRIVE, IN SAN BERNARDINO. (18) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-353 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 11 11/21/94 RES. 94-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN EVANS STREET AND MAGNOLIA STREET AND BETWEEN "E" STREET AND "F" STREET, AND THE SOUTH LEG OF THE NORTH/ SOUTH PORTION OF SAID ALLEY LYING WESTERLY OF "E" STREET, AND RESERVING EASEMENTS FOR PUBLIC UTILITIES THEREIN. (19) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resoluticn be adopted. Resolution No. 94-354 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. STREET IMPROVEMENT INSTALLATION SOUTH SIDE OF MILL STREET, WEST OF MERIDIAN AVENUE - PLAN NO. 8976 - APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS (20) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 1, 1994, concerning street improvements on the south side of Mill Street, west of Meridian Avenue. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of street improvements in Mill Street, south side, west of Meridian Avenue, in accordance with Plan No. 8976, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (21) This is the time and place set consider imposing liens on real property San Bernardino for uncollected business renting or leasing of dwelling units. for a public hearing to located within the City of registration fees for the Rachel Clark, City Clerk, submitted Staff Reports dated November 2 and 17, 1994, concerning liens for uncollected business registration fees. Mayor Minor opened the hearing. Shauna Clark, City Administrator, explained that the City does not impose liens for uncollected business registration fees until all other avenues have been exhausted. Larry Webster, P. O. Box 22023, San Bernardino, CA, expressed opposition to the business registration program for rental properties; and stated that he was not the owner of the property 12 11/21/94 located at 1288 North Acacia Avenue. Shauna Clark, City Administrator, recommended that the lien on the property located at 1288 North Acacia Avenue be referred to the City Clerk to be resolved administratively. Jim Schlata expressed opposition to referring this matter to the City Clerk for resolution. Jeff Gibbs expressed concern that staff would recommend a lien be placed on a piece of property Mr. Webster does not own. RES. 94-355 - 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. (21) Council Member Oberhelman made a motion, Member Hernandez, and unanimously carried, closed. seconded by Council that the hearing be Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted; that Exhibit "A" be amended to delete the following addresses: 1380 Colorado Avenue and 2458 Cedar Street; and that the lien for the property located at 1288 North Acacia Avenue be resolved administratively by the City Clerk's Office. The motion carried, and Resolution No. 94-355 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. APPEAL LUTHER AVENUE 08 BOARD OF BUILDING COMMISSIONERS FAIR - WEED ABATEMENT - 2600 BLOCK - ASSESSOR PARCEL NOS. 0142-062-06 DECISION WEST RIALTO & 0142-062- (22) This is the time and place set for an appeal of the Board of Building Commissioners decision regarding two parcels owned by Luther Fair in the 2600 block of West Rialto. Pat Malloy, Director of Public Services, submitted a Staff Report dated November 3, 1994, concerning Luther Fair's appeal of the Board of Building Commissioners decision regarding the weed abatement services performed on Assessor Parcel Nos. 0142-062-06 and 0142-062-08. Mayor Minor opened the hearing. Luther Fair, 2668 South Rosedale, Colton, CA, requested that the weed abatement fees be waived or eliminated as they are 13 11/21/94 excessive, and the proper procedures were not utilized. Discussion ensued regarding the weed abatement conducted on Mr. Fair's two parcels. Council Member Pope-Ludlam made a motion, Member Oberhelman, that the appeal be granted. no vote taken.) seconded by Council (Note: There was Council Member Miller made a motion, seconded by Council Member Curlin, and unanimously carried, that staff be directed to examine the matter and return with a recommendation to the Mayor and Common Council; and that the matter be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. YOUTH COMMITTEE REPORT - LATE NIGHT HOOPS & MENTORING, TUTORING PROGRAMS - DISCUSS & TAKE ACTION (31) Mayor Minor submitted a Staff Report dated November 2, 1994, concerning the Youth Committee Report recommendations. Linda McDonald, representing St. Bernardine's Medical Center, urged approval of the two programs recommended by the Youth Committee. Ed Schwitzer, representing the Inland Congregations United for Change, I. C. U. C., expressed support for the Youth Committee's recommended programs as part of an effort to meet the needs of youth at risk. Flo Perry urged the Mayor and Council to support the two proposed programs to help the youth in the community. Linda Savage, San Bernardino Unified School District, 799 North "F" Street, San Bernardino, CA, recommended approval of the two proposed programs. Sheldon Nell urged the Mayor and Council to support the programs recommended by the Youth Committee. Discussion ensued Hoops, and Mentoring, possible funds. Council Member Miller made a motion that the Late Night Hoops and Mentoring/Tutoring programs be approved in concept; and that staff to be directed to locate a funding source administratively. regarding the merits of the Late Night Tutoring programs, and the allocation of The motion failed for lack of a second. 14 11/21/94 Council Member Curlin made a motion, seconded by Council Member Hernandez, that the Late Night Hoops and Mentoring/Tutoring programs be approved in concept; and that staff be directed to locate funds administratively. (Note: There was no vote taken, and the motion was subsequently amended.) Edward Carrow, representing Inland Congregations United for Change, I. C. U . C., urged approval of the two programs recommended by the Youth Committee. Jeff Gibbs urged the Mayor and Council to support the programs recommended by the Youth Committee. Council Member Miller made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the Late Night Hoops and Mentoring/Tutoring programs be approved in concept; and that staff be directed to locate a funding source administratively and return with a recommendation on December 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 11:24 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:32 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, Timothy Sabo, Legal Counsel to the Economic Development Agency, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:32 a.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, Community Development Commission, took action Development Commission items. acting as the on Community CITY ATTORNEY PENMAN EXCUSED At 11:44 a.m., City Attorney Penman left the Council meeting, and was replaced by Senior Assistant City Attorney Barlow. 15 11/21/94 FISCAL YEAR 1994/95 EMERGENCY SHELTER GRANT PROGRAM RECIPIENTS - FRAZEE COMMUNITY CENTER - OPTION HOUSE - THE SALVATION ARMY (R4) Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, submitted a Staff Report dated November 16, 1994, regarding the Fiscal Year 1994/95 Emergency Shelter Grant Program. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to this matter being placed on the consent calendar portion of the agenda. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council approve the designation of Frazee Community Center, Option House, and The Salvation Army, as Fiscal Year 1994/95 Emergency Shelter Grant Program recipients, and authorize execution of agreements with each agency. PUBLIC HEARING INLAND PLAZA SHOPPING INDUSTRIAL DEVELOPMENT BOND REFINANCING - 955 STREET - CONTINUED FROM NOVEMBER 7, 1994 CENTER SOUTH "E" (R5) This the time and place continued to for a public hearing to consider refinancing the Industrial Development Bonds for the Inland Plaza Shopping Center, located at 955 South "E" Street, San Bernardino, CA. Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, submitted a Staff Report dated November 21, 1994, concerning the Inland Plaza Shopping Center Industrial Development Bond refinancing. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council continue the public hearing under Internal Revenue Code Section 147(f) on the financing of the Inland Plaza with the City of San Bernardino Revenue Refunding Bonds, tax-exempt, 1994 Series A and City of San Bernardino Revenue Refunding Bonds, taxable, 1994 Series B to December 5, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:03 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. 16 11/21/94 RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 3CO 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; Senior Assistant City Attorney Barlow, Timothy Sabo, Legal Counsel to the Economic Development Agency, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:04 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. COUNCIL MEMBER MILLER RETURNED At 2:08 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. SET PUBLIC HEARING - HOUSING & URBAN DEVELOPMENT SECTION 108 LOAN APPLICATION - HARRIS' COMPANY DEPARTMENT STORE BUILDING - 300 "E" STREET (R9) Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, submitted a Staff Report dated November 15, 1994, concerning the Harris' Company Department Store Housing and Urban Development Section 108 Loan Application. COUNCIL MEMBER At 2: lOp. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to this matter being placed on the consent calendar portion of the agenda. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council set Monday, December 5, 1994, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California as the date, time and place to hold a public hearing to meet the citizen participation requirements established by the United States Department of Housing and Urban Development, HUD, relative to the filing of a Section 108 Loan Guarantee Application and Community Development Block Grant Business Retention Loan relative to the Harris' Company Department Store acquisition. 17 11/21/94 COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:15 p.m., Council Member Pope-Ludlam returned to the Council meeting, and took her place at the council table. COUNCIL MEMBER CURLIN EXCUSED At 2:40 p.m., Council Member Curlin left the Council meeting. RES. 94-356 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS OF MAKING CERTAIN LEASE PAYMENTS ON BEHALF OF THE CITY OF SAN BERNARDINO (CITY HALL PROJECT). (See Companion Item No. 34) (R14C) AUTHORIZE & ASSIGN ONE GENERAL BUILDING INSPECTOR & ONE FIRE PREVENTION OFFICER RIO VISTA COMMUNITY PARTNERSHIPS PROJECT - ONE YEAR PERIOD - SEE COMPANION ITEM R14C (34) Barbara Dillon, Director of Personnel, submitted a Staff Report dated November 10, 1994, concerning the staffing of Rio Visa Community partnership Project. COUNCIL MEMBER CURLIN RETURNED At 2:47 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. (Note: There was no vote taken, and the motion was subsequently amended.) Discussion ensued regarding the merits of the proposed Rio Vista Community Partnerships Project. Jeff Wright, P. O. Box 2341, opposition to the transfer of additional City employees for this San Bernardino, CA, redevelopment funds project. expressed to hire John Kirley expressed opposition ~o the use of redevelopment monies to fund two new City employees. Council Member Oberhelman amended his motion, seconded by Council Member Negrete, that said resolution be adopted; and that the Mayor and Common Council approve staffing for the Rio Vista Community partnerships Project for a period of one year from the date of hire, as follows: one (1) General Building Inspector, Range 1350, $2,541 - $3,088/month, total compensation for one year including salary, six months at Step One and six months at Step Two, and variable benefits of 18.05%, totaling $36,895; and one (1) Fire Prevention Officer, Range 1350, $2,541 - $3,088/month, total compensation for one year is the same as for the Code Compliance Officer, or $36,895; for a total cost of $73,790. 18 11/21/94 The motion carried, and Resolution No. 94-356 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Abstain: Council Member Hernandez. Absent: None. PUBLIC HEARING DISPOSITION & PARKWAY - PRIMELINE PRODUCTS COMPANY EXPANSION - DEVELOPMENT AGREEMENT 4185 HALLMARK (RS2) This is the time and place set for a public hearing regarding the Primeline Products Company proposed expansion. Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, submitted a Staff Report dated November 17, 1994, concerning the proposed expansion of primeline Products Company. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to December 5, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 3:29 p.m., the Mayor and Common Council and Development Commission recessed to closed session following: (RS3) Community for the 1. Pursuant to Government Code Section: (A) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a) Kenneth J. Henderson. David R. Edoar vs. Economic Development Aoencv of the City of San Bernardino, et al. -Case No. SCV 16489, Superior Court, County of San Bernardino. CLOSED SESSION At 3:29 p.m., Mayor Minor called ~he closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, Timothy Sabo, Legal Counsel to the Economic Development Agency, Economic Development Agency Administrator Timothy Steinhaus, City Clerk Rachel Clark. Absent: Council Member Pope- Ludlam. 19 11/21/94 Also present: Senior Assistant City Attorney Barlow, City Attorney's Office; Attorneys Karl N. "Casey" Haws, and James Odlum of Mundell, Odlum and Haws, 275 West Hospitality Lane, Suite #300, San Bernardino, CA. ADJOURN CLOSED SESSION At 3: 55 p. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3:55 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. CLOSED SESSION ACTION (RS3) Kenneth J. Henderson. David R. Edqar vs. Economic Development Agencv of the Citv of San Bernardino, et al. - Case No. SCV 16489, Superior Court, County of San Bernardino. Mayor Minor announced that the following action had been taken in closed session: Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that the Community Development Commission hire the firm of Mundell, Odlum, and Haws, 275 West Hospitality Lane, Suite #300, San Bernardino, CA, to represent the Mayor, and the Community Development Commission in this matter. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Nays: None. Absent: None. Ayes: Council Devlin, Pope- WAIVE FEE - $152 - USE OF SECCOMBE LAKE PARK & FACILITIES - SAN BERNARDINO COUNTY, DEPARTMENT OF MENTAL HEALTH, OFFICE OF ALCOHOL & DRUG PROGRAMS - WORLD AIDS DAY RALLY - DECEMBER 1, 1994 (33) Annie Servicest concerning Ramos, Director of Parks, submitted a Staff Report the World AIDS Day Rally. Recreation and dated November Community 10, 1994, Naomi Norman, HIV/AIDS Counselor, Co-Chair, World AIDS Day Campaign, County of San Bernardino, Department of Mental Health, Office of Alcohol and Drug Programs, 565 North Mt. Vernon Avenue, 20 11/21/94 San Bernardino, CA, urged approval of this request. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the request to waive fees for use of Seccombe Lake Park and facilities by the San Bernardino County Department of Mental Health, Office of Alcohol and Drug Programs, in the amount of $152, be approved. RES. 94-357 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD TO ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE, AND ESTABLISHING PROGRAMS, POLICIES AND ACTIONS TO ADDRESS SUCH ISSUES. (32) Joseph Simitian, Attorney at Law, Kay & Stevens, 490 California Avenue, Suite #400, Palo Alto, CA, explained the City's current and proposed sexual harassment policies, and what would cause the City to conduct an investigation into allegations of sexual harassment. Concern was expressed that this matter was being raised for political purposes only, and that the Mayor and Council meetings were inappropriately being used as a political forum. Discussion ensued regarding the proper handling of sexual harassment allegations. COUNCIL MEMBER At 3:59 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the City Attorney Penman expressed concern regarding Mr. Simitian's legal fees. He explained that the City's current sexual harassment policy does not require a written complaint to be filed prior to an investigation being conducted; and that the City Attorney must approve the hiring of ou~side counsel. In the case of the hiring of the firm of Kay and Stevens, approval was given to hire the firm to answer three specific questions, which was done; however, the scope of the work done by Kay and Stevens has exceeded the approval that was granted. Discussion ensued regarding the differences in the sexual harassment policy proposed by the firm of Kay and Stevens, and the City's existing sexual harassment policy. Council Member Miller made a motion that the matter be referred to the City Attorney to review and update the City's sexual harassment policy as needed, based on the recommendations presented in the documents prepared by the firm of Kay and Stevens. The motion failed for lack of a second. 21 11/21/94 City Administrator Shauna Clark expressed concern that the City's current sexual harassment policy was not adequate. Concern was expressed that the City's sexual harassment policy was not comprehensive and needed additional refinement, and that the allegation of sexual harassment within the City Attorney's Office had not been responded to in the proper manner. City Attorney Penman stated that the City's sexual harassment policy should be strengthened; however, felt that the sexual harassment policy proposed by the firm of Kay and Stevens was not adequate. Council Member Miller made a motion that the matter be referred to the City Attorney to review and update the City's sexual harassment policy as needed, based on the recommendations presented in the documents prepared by the firm of Kay and Stevens. The motion failed for lack of a second. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-357 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. COUNCIL MEMBERS CURLIN & POPE-LUDLAM EXCUSED At 5:09 p.m., Council Members Curlin and Pope-Ludlam left the Council meeting. RES. 94-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ADMINISTRATIVELY AWARD A LANDSCAPE MAINTENANCE CONTRACT TO THE NEXT LOWEST RESPONSIBLE BIDDER IN CASE OF DEFAULT ON THE PART OF AN EXISTING LANDSCAPE CONTRACTOR AND ESTABLISHING A POLICY RELATIVE TO TERMINATED CONTRACTORS. (23) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Ludlam. No. 94-358 was Members Negrete, None. Absent: adopted by the following vote: Hernandez, Oberhelman, Devlin, Council Members Curlin, Pope- COUNCIL MEMBER CURLIN RETURNED At 5:10 p.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 22 11/21/94 RES. 94-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE AGREEMENT WITH JHK & ASSOCIATES RELATING TO PROFESSIONAL SERVICES FOR DEVELOPMENT OF A TRANSPORTATION DEMAND FORECAST MODEL. (24) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94-359 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER At 5: 12 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the APPROVE PLAN FOR SERVICES - PROPOSED ANNEXATION - AREA LOCATED SOUTHWEST OF 1-215 FREEWAY & SOUTHEAST OF 1-15 FREEWAY - ANNEXATION NO. 344 - LAFCO 2781 (25) Roger submitted Annexation Hardgrave, Director of Public a Staff Report dated November No. 344. Works/City 8, 1994, Engineer, concerning Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed opposition to the proposed annexation, and urged the Mayor and Council to conduct a public hearing on this matter. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the plan for services for the proposed annexation of the territory located southwest of the 1-215 Freeway and southeast of the 1-15 Freeway, known as Proposed Annexation No. 344, LAFCO 2781, be approved; and that the Director of Public Works/City Engineer be authorized and directed to file the same with the Executive Officer of the Local Agency Formation Commission (LAFCO) . The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Hernandez. Absent: Council Miller. None. COUNCIL MEMBER CURLIN EXCUSED At 5:15 p.m., Council Member Curlin left the Council meeting. AUTHORIZATION TO PROCEED, APPROVE PLANS & DECLARE EXCESS CITY PROPERTY PROPOSED ALLEY VACATION BETWEEN ARROWHEAD & PERSHING AVENUES, & 29TH STREET & ROUTE 30 FREEWAY (26) Roger Hardgrave, Director of Publ ic submitted a Staff Report dated November 7, Works/City Engineer, 1994, concerning the 23 11/21/94 proposed alley vacation. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the "L" shaped alley located between Arrowhead and Pershing Avenues and between 29th Street and the Route 30 Freeway; that Plan No. 9209, showing the proposed vacation of the "L" shaped alley located between Arrowhead and Pershing Avenues, and between 29th Street and the State of California right-of-way for the Route 30 Freeway, be approved; and that the east/west section, City-owned portion, of the alley lying west of Pershing Avenue and north of 2 9th Street, be declared excess property. TRANSFER $13,178 IN SUPPLEMENTAL INSTALLATION - UNIVERSITY PARKWAY 350' SOUTH FUNDING - STORM DRAIN FROM VARSITY AVENUE TO (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 24, 1994, concerning the transfer of $13,178 in supplemental funding for the storm drain installation on University Parkway. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $13,178 from Account No. 248-000-30405, "Unappropriated Reserve", to Account No. 248-368-57814, "University Parkway, from Varsity Avenue to 350' south", be approved. CO-SPONSOR & WAIVE FEES - $2,109 - 1994 YMCA CHILDREN'S CHRISTMAS PARADE - DECEMBER 3, 1994 (28) Shauna Clark, dated October 28, Christmas Parade. City Administrator, submitted a Staff Report 1994, concerning the 1994 YMCA Children's Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that co-sponsorship and a waiver of fees in the amount of $2,109 for the 1994 YMCA Children's Christmas Parade, scheduled for December 3, 1994, be approved. DISCUSS & TAKE ACTION - CARRYING CONCEALED WEAPONS IN CITY HALL & CITY HALL ANNEX - COUNCIL MEMBER HERNANDEZ (29) Council Member Hernandez, submitted a Staff Report dated November 14, 1994, expressing concern that certain individuals were carrying concealed weapons in City Hall and the City Hall Annex. 24 11/21/94 Senior Assistant City Attorney Barlow, submitted a Staff Report dated November 17, 1994, relative to the right of certain individuals to carry concealed weapons. Discussion ensued regarding the Penal Code provisions which permit certain individuals the right to carry concealed weapons with a permit granted by the Chief of Police. COUNCIL MEMBER At 5: 21 p. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Concern was expressed that it was inappropriate for civilian personnel to carry concealed weapons in City Hall and the City Hall Annex. Council Member Miller made a motion, seconded by Council Member Devlin, that the matter be tabled. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Miller. Nays: Council Hernandez. Absent: Council Members Curlin, Pope-Ludlam. Council Member SET PUBLIC HEARING DECEMBER 5, 1994 SOUTHERN CALIFORNIA EDISON AGREEMENT - INSTALLATION & FINANCING OF ENERGY CONSERVATION MEASURES AT VARIOUS CITY OWNED FACILITIES (30) James Sharer, Facilities Manager, submitted a Staff Reports dated November 8 and 17, 1994, concerning the proposed energy conservation measures for various City-owned facilities. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that a public hearing be set for December 5, 1994, at 10:00 a.m., to adopt the Envest, Southern California Edison agreement for the installation and financing of energy conservation measures at various City owned facilities. RES. 94-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION . . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ;" AND PROVIDING THAT PIEDMONT DRIVE, NORTH/SOUTH PORTION, IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH PIEDMONT DRIVE, EAST/WEST PORTION. (INTERSECTION IS LOCATED EAST OF SEINE AVENUE AND NORTH OF HIGHLAND AVENUE.) (81) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 25 11/21/94 Resolution Ayes: Council Miller. Nays: Ludlam. No. 94-360 was Members Negrete, None. Absent: adopted by the following vote: Hernandez, Oberhelman, Devlin, Council Members Curlin, Pope- RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SALES PRICE OF $190,000.00 AND AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING THAT CERTAIN PROPERTY LOCATED AT 1350 SOUTH "E" STREET IN THE CITY OF SAN BERNARDINO, TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT. (S2) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to December 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER At 5:24 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the RES. 94-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE TARGET ALCOHOL PREMISES PROBLEMS GRANT ADMINISTERED BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL. ("ABC" GRANT - TAPP PROGRAM - POLICE DEPARTMENT) (S3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted; that one (1) position of Police Detective be added to the Police Department's table of organization, assigned to Account No. 215, for the duration of the Department of Alcohol Beverage Control Grant; and that the Director of Personnel be authorized to amend the appropriate resolutions to effect this change. The motion carried, and Resolution No. 94-361 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. 26 11/21/94 ADJOURNMENT (35) At 5:25 p.m., the meeting was adjourned. The next regular meeting is scheduled to be held at 8:00 a.m., Monday, December 5, 1994, in the council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk ,// ,,/ By , //z:/-~( c;? -/<<:~, Melanie Vale Deputy City Clerk </'- ,(" ~//,,-~__ -__ .C No. of Items: 44 No. of Hours: 7.5 27 11/21/94