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HomeMy WebLinkAbout04-05-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO REGULAR MEETING APRIL 5, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the city of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, April 5, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Minor, Miller; Deputy city Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. CLOSED SESSION At 8:30 a.m., the Development Commission following: (1 & S-4) Mayor and Common Council and Community recessed to closed session for the a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic'S right of access to public services or public facilities pursuant to Government Code Section 54957; 1 4/5/93 f. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblef ield Construction Comoanv. et al vs. ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; Julie M. Thomoson vs. citv of San Bernardino, et al - united States District Court Case No. SA CV-92-888 GT (RWRx); Leslie Bond vs. Community Develooment commission. et al- San Bernardino Superior Court Case No. 276373; stein vs. citv of San Bernardino - San Bernardino Superior Court Case No. 266468; Rubio vs. city of San Bernardino - San Bernardino Superior Court Case No. 276259; Brenda Walker vs. citv of San Bernardino - united States District Court Case No. 91-5239 LHM (JRx). Countv of San Bernardino/ICEMA vs. citv of San Bernardino- Riverside Superior Court Case No. 244288. CLOSED SESSION At 8: 30 a. m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 2 4/5/93 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Minor, Miller; Deputy City Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. Also present: victor Lorch, Director of Risk Management; Robert Simmons, Deputy City Attorney. CITY ATTORNEY PENMAN, SR. ASSISTANT CITY ATTORNEY MORRILLO & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED At 8:31 a.m., City Attorney Penman, Sr. Assistant City Attorney Morrillo and Administrative Operations Supervisor Scroggin arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones 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. COUNCIL MEMBER At 8:34 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:40 a.m., Deputy city Attorney Simmons left the closed session. CLOSED SESSION ADJOURNED At 9:03 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 9:29 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Miller; Deputy City Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Maudsley, Pope-Ludlam. 3 4/5/93 INVOCATION The invocation was given by Pastor Wayne Reynolds, Immanuel Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2) Council Member Hernandez spoke regarding taggers and the efforts of the Police Department in monitoring their activity. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (2) City Clerk Rachel Clark reminded the community that April 19, 1993 is the first day that absentee ballots can be issued; and that April 19, 1993 is the last day to register to vote for the May 4, 1993 General Election. PUBLIC COMMENTS - RITA WAGNER (3) Rita expressed requested to assist Wagner, 1493 Colorado street, San Bernardino, CA, concern on the homelessness problem in the City, and information relative to financial resources available her in helping homeless women throughout the City. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. APPROVE COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, 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: November 2, 1992. SET IMPASSE HEARING FIRE SAFETY NEGOTIATIONS - APRIL 19, 1993 EMPLOYEES' (7) In a memorandum dated March 19, 1993, Barbara Dillon, Director of Personnel, stated that on July 1, 1992, the contract with the Fire Safety Employees expired. Their previous contract was for an 18-month period from January 1, 1991 to July 1, 1992. sixteen negotiation sessions have taken place between March 1992 and February 1993. 4 4/5/93 On March 3, 1993, one year after beginning negotiations with Fire Local 891, the City Team sent a letter to Fire Local 891, declaring impasse and initiating impasse procedures. The letter listed 25 areas of disagreement between the city Team and Fire Local 891. During the Impasse meetings held on March 10, March 12, and March 19, 1993, the areas of disagreement were reduced to 13 issues. council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that an impasse hearing on the contract with the Fire Safety Employees be scheduled at 10:00 a.m., April 19, 1993 in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, CA. APPROVE 1993 TRIP REDUCTION PLAN - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S REGULATION XV (8) In a memorandum dated March 26, 1993, Mary Fifield, Transportation Programs Coordinator, stated that monetary incentives totaling approximately $23,000 and all costs associated with the trip reduction plan are funded by state revenues. Assembly Bill 2766 (Sher) authorizes a $4 fee on vehicle registrations to be collected for alternative transportation programs. The city of San Bernardino must provide a rideshare program to reduce the number of vehicles arriving at the work site. Based on a recent survey, average vehicle ridership has increased from 1.11 to 1.13 for 1992. A core group of over 160 employees currently enrolled in the rideshare program are married couples both working for the City, or employees who are willing to rideshare regardless of incentives. Employees who have recently joined the program or will be recruited in the rideshare program in the coming year will have to modify their behavior and adjust their lifestyles. These employees need greater incentives to rideshare because it is less convenient for them to do so than it is for the core group of employees. The new incentives include: free gas for carpools for 3 or more; drawing for occasional ridesharers- employees who can rideshare only 1 to 2 days per week; rideshare promotion day for employees with little knowledge of ridesharing or the rideshare program; monthly drawings for carpoolers only, since this group comprises the largest percentage of ridesharers and is most convenient for many marginally interested employees; and the establishment of an employee vanpool for High Desert residents. 5 4/5/93 Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the city's 1993 Trip Reduction Plan be approved in compliance with the South Coast Air Quality Management District's Regulation XV. CHANGE ORDER NO. TWO - INTERCONNECT TRAFFIC SIGNALS ON MILL STREET - "K" STREET TO "G" STREET - PLAN NO. 8135 - STEINY & COMPANY, INC. (9) In a memorandum dated March 19, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that pedestrian signals and push buttons were not included in the original installation of traffic signals at Mill Street and "G" Street. There is a significant amount of pedestrian traffic that uses this intersection. Some of the traffic is children traveling to and from Richardson Junior High School, located at Mill Street and "K" Street. A contract with Steiny & Company, Inc. has been awarded for interconnecting the traffic signals on Mill street, from "K" Street to "G" street. The contractor has agreed to furnish and install pedestrian signals and push buttons for all four approaches to the "G" Street intersection, at an estimated cost of $7,665.39. All costs incurred for this change order will be financed with Federal-Aid Urban funds. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that Change Order No. Two to the contract with Steiny & Co. Inc., for interconnect traffic signals on Mill Street, from "K" to "G" Streets in accordance with Plan No. 8136, be approved; to authorize the contractor to install pedestrian push buttons and heads to the existing traffic signals at intersection of Mill and "G" Streets at an increase to the contract price of $7,665.39; from $49,444 to $57,109.39. ACCEPT PAYMENT FROM CITY OF HIGHLAND - PRO RATA SHARE OF HIGHLAND LITTLE LEAGUE'S LIGHTING COSTS - PATTON PARK - WAIVE COSTS THROUGH JUNE 30, 1993 (13) In a memorandum dated February 15, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that at a February 9, 1993 meeting, the Highland city Council approved the payment of up to 80% of $3,135, not to exceed $2,508 on a one-time basis, to cover Highland Little League's lighting costs at Patton Park. The 80% represents a pro rata share of the energy costs based on the residency of the little league participants. This action successfully culminates review of light energy fees for youth sports organizations. 6 4/5/93 with the agreement of the City of Highland to pay for Highland Little League I s energy cost on a p~o rata basis, this organization requires a special status, ~n order that the remaining energy costs, which represents what is incurred by San Bernardino residents, not be charged. The proposed council action provides for the acceptance of the Highland share and the waiver of the remainding energy cost for the current fiscal year, thereby establishing that special status. The City of Highland elected to provide funding on a one-year basis only, due to uncertainties about future budgets. Staff recommended the same term limit on the waiver. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the payment by the City of Highland of a pro rata share of Highland Little League's lighting costs at Patton Park on a one-time basis, be accepted; and that the remainder of fees be waived through June 30, 1993. WAIVE STREET BANNER BERNARDINE'S TRANSPLANT AWARENESS WEEK APPLICATION FEE $200 CENTER - NATIONAL ORGAN ST. DONOR (14) In a memorandum dated March 30, 1993, Fred Wilson, Assistant city Administrator, stated that st. Bernardine's Transplant Center requested that a street banner be hung across "E" Street at Church street, from April 18 to April 25, 1993 for the purpose of recognizing National Organ Donor Awareness Week. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the request from st. Bernardine's Transplant Center for a waiver of the $200 fee for the erection of a street banner to promote Organ Donor Awareness Week, be approved. CLAIMS AND PAYROLL (16) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated March 24, 1993 from the Director of Finance, be approved. PERSONNEL ACTIONS (17) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated March 24, 1993, 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. 7 4/5/93 RES. 93-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. (21) RES. 93-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE REPORT FROM THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND SETTING A TIME AND PLACE FOR A PUBLIC MEETING AND A PUBLIC HEARING TO CONFIRM ASSESSMENTS RELATIVE TO UNDERGROUND UTILITY DISTRICT NO. 19, ALONG PORTIONS OF WATERMAN AVENUE. (24) RES. 93-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT INTERSTATE ROUTE 1-215 AND ORANGE SHOW ROAD/AUTO PLAZA DRIVE; AND RESCINDING RESOLUTION NO. 91-222. (26) RES. 93-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THAT CERTAIN LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY SOUTHERLY OF GARFIELD AVENUE AND EASTERLY OF HUNTINGTON DRIVE, IN SAN BERNARDINO, TO MICHAEL D. BARTON AND LUCILLE K. BARTON, HUSBAND AND WIFE AS JOINT TENANTS. (28) RES. 93-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH COMCAST CABLEVISION, INC., RELATING TO CERTAIN REAL PROPERTY SITUATED AT THE EAST EDGE OF NUNEZ PARK AT THE WESTERLY TERMINUS OF KINGMAN AVENUE, IN SAN BERNARDINO. (29) RES. 93-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SPECKTRUM ENGINEERING FOR THE REMOVAL OF FIVE (5) UNDERGROUND STORAGE TANKS AND THE INSTALLATION OF ONE (1) ABOVE-GROUND TANK TO BE UTILIZED BY THE FIRE DEPARTMENT, IN ACCORDANCE WITH BID SPECIFICATION F-93- 10. (30) RES. 93-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE TV OF REDLANDS JOINT VENTURE (SOUTHLAND CABLEVISION) TO TCI CABLEVISION OF CALIFORNIA. (31) 8 4/5/93 RES. 93-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, PROVIDING FOR THE ISSUANCE OF A BLANKET EXCAVATION PERMIT AND CONDITIONS THEREFOR. (32) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 93-86, 93-87, 93-88, 93-89, 93-90, 93-91, 93-92, and 93-93 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. ORD. MC-866 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A JUVENILE CURFEW. Final (33) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance No. MC-866 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. QUAIL CANYON SEWER CONSTRUCTION ASSESSMENT DISTRICT- AUTHORIZATION TO PROCEED (10) In a memorandum dated March 25, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition was received from property owners requesting the formation of an assessment district for the construction of a sewer main in the Quail Canyon area. The assessment will include the construction of sewers and appurtenant facilities, administrative costs and the cost for the acquisition of easements. The signatures affixed to the petition have been checked and found to represent the owners of 100 percent of the properties liable to be assessed for the proposed construction. Included in the district are those properties from which easements will be required, but will not be assessed. It is proposed that the construction costs will be paid out of the sewer construction fund and be reimbursed through assessments over a period of 10 years. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer'S Report for the proposed construction of sewer and appurtenant facilities in 9 4/5/93 Quail Canyon Court, Quail Hollow Road and in certain easements dedicated to the city of San Bernardino for sewer in the Quail Canyon area. PROCLAMATION - COMMUNITY SERVICES MONTH APRIL 1993 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation proclaiming the month of April 1993, as Community Services Month in the city of San Bernardino. Annie Ramos, Director of Parks, Recreation and Community Services, accepted the proclamation. PROCLAMATION SAN BERNARDINO SPIRIT APRIL 4 - 11, 1993 BASEBALL WEEK- (4) J. Lorraine Velarde, Executive Assistant to the Mayor, a proclamation proclaiming the week of April 4 through 11, as San Bernardino Spirit Baseball Week in the City of Bernardino. read 1993 San Dr. Charles Terrell accepted the proclamation and introduced David Elmore, President of the San Bernardino Spirit Baseball Team; Pat Brown, General Manager; and Greg Melburg, in charge of personnel. Mr. Elmore presented the Mayor and Council with t-shirts. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, announced that on April 16, 1993 a briefing will be held concerning the dual use of technology and invited the public to call (213) 624- 1011 for more information. AUTHORIZE LETTER TO BE SENT BY MAYOR HOLCOMB - OPPOSING THE PUC APPLICATION BY SOUTHERN CALIFORNIA GAS COMPANY - RATE INCREASE (12) In a memorandum dated March 29, 1993, Fred Wilson, Assistant City Administrator, stated that on March 17, 1993, the Ways and Means Committee recommended that Mayor Holcomb send a letter to the Public utilities Commission opposing the application of Southern California Gas company for a rate increase while, at the same time, consolidating the company and eliminating services. Southern California Gas Company is proposing cutbacks such as the elimination of local dispatchers in times of emergencies. Consequently, the Ways and Means Committee recommends approval of Mayor Holcomb sending a letter opposing the application to the Public utilities Commission. -, 10 4/5/93 council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the letter to be sent by Mayor Holcomb stating the City's opposition to a proposed rate increase by Southern California Gas Company in their application to the Public utilities commission be referred to the Ways and Means Committee. PURCHASE PUBLIC ACCESS EQUIPMENT - $30,630 - CHAMBERS CABLE SETTLEMENT (11) In a memorandum dated March 25, 1993, Frank S. Keller, Cable Television Manager, stated that the Chambers Cable settlement addressed the City'S role in the assumption of PEG Access responsibility on behalf of Chambers Cable. To provide sufficient equipment to public access users, it is necessary to add the production and editing systems to the one Public Access VHS system the Telecommunications Division now has available. Emerging technologies have necessitated the change from VHS, a home camera/editing technology, to Hi-8, a technology which improves the quality of access productions. Based on staff's research, Hi-8 is fast becoming the standard technology of the CATV industry. In an effort to make Channel 3 an informational resource to the community, staff has outlined a plan for the establishment of an immediate informational response cablecast system. This effort is being coordinated with the Police and Fire Departments and will be activated based upon an established set of criteria. The criteria being discussed includes hostile actions endangering life or property, earthquake/disaster plans, street closures due to fire/police requests to maintain a controlled or safe environment and police/fire identification assistance. In addition, local radio stations and cable system operators are being contacted to ascertain their interest in the establishment of the San Bernardino Emergency Broadcast System (SBEBS). The San Bernardino Emergency Broadcast System will ask listeners/ viewers to tune in to Channel 3 in the event of a system activation for emergency information. The purchase of the equipment will provide CATV the ability to go "live" from the Emergency Operations Center (EOC) or other location to cablecast pertinent information by the Police/Fire public information officer without having to relocate equipment from the production center at the Public Enterprise Building on Highland Avenue. The total estimated equipment cost is $30,630. Jeff wright, P.O. Box 2341, San Bernardino, CA, voiced concern that the funds received from Chambers Cable settlement should be used for public access broadcasting. 11 4/5/93 city Administrator Shauna Clark explained that the City is establishing a network system to broadcast emergency service information in the event of earthquakes or other disasters. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that an expenditure of funds in the amount of $30,630 received from the Chambers Cable settlement, be approved for the purchase of equipment to be utilized in conjunction with pUblic access and an EOC/Public Information Distribution Program as set forth in Attachment "A" of the March 25, 1993 memorandum from Frank S. Keller, Cable Television Manager. 4TH OF JULY CELEBRATION - FUNDING ASSISTANCE - $35,812 - SECCOMBE LAKE PARK (15) In a memorandum dated March 18, 1993, John A. Kramer, Superintendent of Recreation, stated that the City of San Bernardino, in conjunction with the Inland Empire Symphony, is conducting its 1993 4th of July community celebration at Seccombe Lake Park. The event is free of charge and will be conducted from 3:00 p.m. to 9:00 p.m.: activities will consist of group and family picnicking, old fashioned games, food and beverage booths, a pops concert by the San Bernardino Symphony and a fireworks show. The 4th of July Committee is requesting $35,812 to help absorb operating costs. The total cost of the event is $51,312. The additional $15,500 will be covered by the Inland Empire Symphony. In-kind support will also be provided by the Convention and visitors Bureau, Main Street and the Art Foundation. Discussion ensued relative to the use of Economic Development Agency funds. Bobby Oquendo, concern relative to provide financial organizations. 3094 N. Central, Highland, CA, voiced the use of Economic Development funds to assistance to civic and promotional city Administrator Shauna Clark explained that the League of California cities has indicated that the State will withhold approximately $1.9 million in property tax revenue from the City and that an equal or greater amount will be taken away from the Economic Development Agency. Discussion was held relative to the imposes a one-half of one-percent fee on permits to provide financial assistance in promotional events in the City. City'S policy which commercial building support of cultural 12 4/5/93 council Member Miller made a motion, seconded by Council Member Estrada, that the request from the 4th of July Committee for funding assistance in the amount of $35,812 to cover costs connected with the 1993 4th of July celebration at Seccombe Lake Park, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Nays: Council Member Hernandez. Absent: Council Members Maudsley, pope-Ludlam. RES. 93-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (18) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-94 was adopted by the following vote: Ayes: council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. RES. 93-95 - 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. (Discussed later in the meeting. See Page 14) (19) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-95 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. RES. 93-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO ENCOURAGING THE IMPOSITION OF MAXIMUM SENTENCES FOR OFFENSES RELATING TO GRAFFITI AND VANDALISM. (20) Discussion was held regarding provisions in the resolution which would require Juvenile Court Judges to impose the maximum sentences for offenses relating to graffiti and vandalism. The proposed penalties include the loss of a driver's license for up to one year; requiring 360 hours of community service; and/or imposing the maximum fine allowed by law. The maximum fine relative to vandalism is $1,000, or serve up to one year in County Jail. 13 4/5/93 Jeff Wright, P.O. Box 2341, San Bernardino, support of the penalty to take away the driver's offenses relating to graffiti and vandalism. CA, voiced license for council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-96 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. RES. 93-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA), RELATING TO THE PROVISION OF PROFESSIONAL RIGHT-OF-WAY ACQUISITION SERVICES FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (22) Roger Hardgrave, Director of answered questions regarding the right-of-way acquisition. Public Works/City Engineer, 65 parcels affected by the Discussion was held regarding local businesses being given an opportunity to provide contractual services as opposed to outside businesses obtaining City contracts. Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested that the project be abandoned, and recommended that Mill Street be widened. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-97 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Nays: Council Member Hernandez. Absent: Council Member Maudsley, Pope-Ludlam. RES. 93-95 - 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. (Resolution adopted earlier in the meeting. See Page 13) (19) City Administrator Shauna Clark gave a report on the abandoned vehicle abatement program. Ms. Clark reported that Facilities Management has logged in 3,500 complaints, of which 2,000 property owners have received notification to remove the abandoned vehicles; 500 vehicles have been towed; and 1,000 complaints were found to be unfounded. The abandoned vehicle program has generated an estimated $83,000 in revenue. 14 4/5/93 RES. 93-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING SERVICES RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL PARKING SPACES. (23) Discussion was held regarding the extended terms of the agreement with Arrow Power sweeping Services. Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested that the Economic Development Agency assume financial responsibility on contractual services with Arrow Power Sweeping Services. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-98 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. RES. 93-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AND RANDALL AREA AND DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1007, AND WAIVING NOTICE AND HEARING AND RESCINDING RESOLUTION NO. 92-381 AND RESOLUTION NO. 92-276. (25) Roger Hardgrave, Director of Public Works/city Engineer, answered questions and stated that there are no residents living within the proposed landscape maintenance assessment district area. Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-99 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Nays: Council Member Hernandez. Absent: Council Members Maudsley, Pope-Ludlam. RES. 93-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1992/93 TO 1996/97 CAPITAL IMPROVEMENT PROGRAM. (27) Roger Hardgrave, Director of Public Works/city Engineer, answered questions and stated that a list of the capital improvement projects will be made available for review prior to solicitation of funds. 15 4/5/93 council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-100 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 10:37 a.m., Council Member Pope-Ludlam arrived at the Council meeting and took her place at the council table. APPEAL HEARING BOARD OF BUILDING COMMISSIONERS' DECISION - ABATEMENT OF WEEDS - MT. VERNON AVENUE, BETWEEN 15TH AND EVANS STREET CLARK H. HAHNE- CONTINUED FROM MARCH 8, 1993 (34) This is the time and place continued to for an appeal hearing of the Board of Building commissioners' decision with regard to the abatement of weeds and debris on property located off Mt. Vernon Avenue, between 15th and Evans Streets. The property owner is Clark H. Hahne. The proposed amount of the assessment is $3,541.76. In a memorandum dated April 1, 1993, Fred Wilson, Assistant City Administrator, stated that on March 8, 1993, Clark Hahne appealed the proposed assessment made by the Board of Building Commissioners. The proposed amount of the assessment is $3,541.76 ($653.35 labor, $75 administrative fee, $228.67 equipment and $2,584.74 dump fees). After some discussion, this issue was referred to the city Administrator for investigation and recommendation. On March 24, 1993, a meeting was held with Mr. Hahne. Mr. Hahne's position was that he should pay no more than $700 to clean up his property. Mr. Hahne's estimated cost of not more than $700 was based on a quote from Bud Davis Backhoe. Mr. Hahne further proposed that he would fence his property. He indicated that he has obtained proposals to install chain link fencing for the portion of the property fronting on Mt. Vernon. Since the Development Code does not permit chain link fencing, the Director of Planning and Building Services has indicated support of a development code amendment to permit chain link fencing on vacant parcels which have experienced dumping and/or have been subject to a city initiated clean up as recommended by the Director of Public Services. RES. 93-101 - 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. (34) ~ 16 4/5/93 Mayor Holcomb opened the hearing. Discussion ensued relative to the investigation made by the City Administrator in respect to Mr. Hahne's concerns. Fred Wilson, Assistant City Administrator, questions from the Council. answered Council Member Hernandez made a motion, seconded by Council Member Reilly, that the appeal of Mr. Clark H. Hahne relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds and debris from property located off Mt. Vernon Avenue, between 15th and Evans streets (Parcel No. 0143 102 23) be denied and the decision of the Board of Building Commissioners be upheld; and that said resolution be adopted. The motion carried and Resolution No. 93-101 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Miller. Nays: Council Members Minor, Pope-Ludlam. Absent: Council Member Maudsley. PUBLIC HEARING - REQUIRING RETAILERS TO KEEP CERTAIN AEROSOL CONTAINERS AND MARKER PENS INACCESSIBLE TO THE PUBLIC - DISCUSSED MARCH 22, 1993 (35) This is the time and place set to consider adoption of an ordinance requiring retailers to keep certain aerosol containers and marker pens inaccessible to the public. ORD. MC-867 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC. Final (35) Mayor Holcomb opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to the ordinance, and suggested that Economic Development funds be utilized to supplement businesses which comply with the provisions of the ordinance. Council Member Member Reilly, and closed. Hernandez made a motion, seconded by Council unanimously carried, that the hearing be Council Member Minor made a motion, seconded by Council Member Miller, that said ordinance be adopted. 17 4/5/93 Ordinance No. MC-867 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Maudsley. PUBLIC HEARING IMPOSING LIENS ON UNCOLLECTED BUSINESS REGISTRATION FEES PROPERTY- (36) This is the time and place set for a public hearing to consider adoption of a resolution imposing liens on parcels of real property located within the City of San Bernardino. In a memorandum dated March 17,1993, City Clerk Rachel Clark requested authorization to impose liens on certain parcels of real property for uncollected business registration fees. RES. 93-102 - 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. (36) Mayor Holcomb opened the hearing. City Clerk Rachel Clark stated that the following properties have paid the assessed lien amount and should be removed from Exhibit "A": 1356 W. Trenton; 822 North "L" Street; and 216 E. 10th Street. Council Member Hernandez made a motion, seconded by Council Member Reilly, that the hearing be closed; and that said resolution be adopted as amended by interlineation to delete properties located at 1356 N. Trenton; 822 N. "L" Street; and 216 E. 10th Street. The motion carried and Resolution No. 93-102 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Maudsley. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN "0" STREET AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN. (Continued from March 22, 1993) (Discussed later in the meeting. See page 31) (37) 18 4/5/93 Discussion ensued relative to the adoption of said resolution. It was pointed out that the proposed resolution did not indicate that a public hearing would be set to allow the public an opportunity to speak on the proposed vacation. council Member Member Reilly, that was no vote taken at Minor made a motion, seconded by the resolution be adopted. (*Note: this time) council There It was the consensus of the Council that the resolution be continued until later in the meeting to allow staff time to amend the title of the resolution to indicate that a public hearing will be set. (See page 31) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY; AND DECLARING THE URGENCY THEREOF. Urqencv ( 3 8 ) (Discussed later in the meeting. See page 32) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY. First (38) (Discussed later in the meeting. See page 32) City Attorney Penman stated that during the riots following the Rodney King decision in State court, the Mayor of Los Angeles declared a state of emergency and issued an order which prohibited persons from being upon public streets between certain hours in certain specific areas. The order was issued pursuant to the authority of Section 8.77 of the Los Angeles Administrative Code. In three unrelated incidents, three individuals were arrested merely for being on the streets after the curfew deadline. The three cases were combined and appealed to the Appellate Division of the superior Court. The court concluded that under the terms of the ordinance, individuals could not be prohibited from merely being on the street, but the ordinance is enforceable during an act which imperils lives or property, or prevents, hinders or delays law enforcement. COUNCIL MEMBER MILLER EXCUSED At 11:14 a.m., Council Member Miller left the Council meeting. Discussion was held ordinances. It was pointed identical to that of the City regarding the contents of said out that the city's ordinance is of Los Angeles. ~" , 19 4/5/93 council Member Minor made a motion, seconded by Council Member Reilly, that the urgency ordinance be adopted. (*Note: There was no vote taken at this time). council Member Minor made a motion, seconded by Council Member Reilly, that the second ordinance be laid over for final adoption. At the consensus of the Council, the matter was continued until Council Member Miller returns to the Council meeting to register her vote. (See page 32) RECESS MEETING At 11:15 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:24 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll was taken by Deputy City Clerk Jones with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Sr. Assistant City Attorney Barlow, city Administrator Shauna Clark. Absent: Council Member Maudsley; City Clerk Rachel Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:24 a.m., Chairman Holcomb called the regular meeting of the community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO DELMANN HEIGHTS, RUDY HERNANDEZ, MILL AND JOHNSON COMMUNITY CENTERS. (Reconsidered later in the meeting. See Page 36) (R-2) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-103 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. 20 4/5/93 RES. 93-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NADAR, INC., FOR IMPROVEMENTS TO SWIMMING POOLS AT THE RUBEN CAMPOS, MILL, DELMANN HEIGHTS AND RUDY HERNANDEZ COMMUNITY CENTERS; AND APPROVING CONTRACT CHANGE ORDER NO. ONE. {Reconsidered later in the meeting. (See page 36) (R-3) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-104 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. RES. 93-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO THE BOYS AND GIRLS CLUB, RUBEN CAMPOS, LYTLE CREEK, NICHOLSON, AND SENIOR CITIZENS CENTERS. (Reconsidered later in the meeting. See page 37) (R-4) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 93-105 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. ARDEN GUTHRIE REVITALIZATION STRATEGY (R-14) In a memorandum dated March 3, 1993, Kenneth J. Henderson, Executive Director, Development Department, stated that staff has been preparing a Neighborhood Improvement strategy for the Arden- Guthrie Focus Neighborhood. The Arden-Guthrie community is currently plagued by a myriad of serious physical and social problems, all of which affect the area's overall quality of life. The level of deterioration and blight which has occurred within this community continues to impact available city financial resources. The Revitalization strategy represents an attempt by the Agency to comprehensively address the social and physical needs of this community and to effectuate permanent improvement in the quality of life within the area. The Revitalization Strategy involves systematic neighborhood improvement which would occur over the next one-to-three year period (1993-95). The program covers the entire area where approximately 187 fourplexes are concentrated. The total costs includes public and private funds currently estimated to be approximately $7 to $10 million, the cost of which would be phased in over the entire three year timeframe. If the Arden- 21 4/5/93 Guthrie Focus Neighborhood Revitalization strategy is adopted, staff would pursue project funding through the Inland Valley Development Agency (IVDA). Southern California Housing Development Corporation (SCHDC), a non-profit organization, is negotiating with the Resolution Trust Corporation to acquire 24 fourplexes. The u.S. Department of Housing and Urban Development proposes to fund the acquisition and rehabilitation of several buildings within the neighborhood predicated on the City having an approved/adopted strategy. Discussion was held regarding the key components of the Arden-Guthrie Revitalization Strategy; funding sources and the adoption of the Comprehensive Revitalization Strategy. It was the consensus of the Council that further discussion relative to the Arden-Guthrie Revitalization Strategy be continued to later in the meeting. (See page 27) ,--, RECESS MEETING At 12:10 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California, to discuss closed session items and ordinances relating to the March 2, 1993 Primary Municipal Election. LUNCHEON WORKSHOP At 12:45 p.m., the regular meeting of the Mayor and Common Council reconvened in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California, for a discussion regarding a summary presentation of the March 2, 1993 Primary Municipal Election by Rachel Clark, City Clerk. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Maudsley. 1993 PRIMARY MUNICIPAL ELECTION RELATING TO ABSENTEE VOTING AND CONTINUED FROM MARCH 8 & 22, 1993 SUMMARY - ORDINANCES WRITE-IN CANDIDATES- (43) city Clerk Rachel Clark distributed Members a notebook containing a report 1993 Primary Election and proposed absentee voting and write-in candidates. to the Mayor and Council concerning the March 2, ordinances relating to 22 4/5/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE REPEALING 2.56.140, 2.56.142, 2.56.143, 2.56.144, 2.56.146, 2.56.148 AND 2.56.160.D OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ABSENTEE BALLOTS IN CITY ELECTIONS. First (Continued from March 8, 1993) (43) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE A) First (Continued from March 8, 1993) (43) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE B) First (Continued from March 8, 1993) (43) PRESENTATION BY WESTS IDE ACTION GROUP ELECTION HELD ON MARCH 2, 1993 - COUNCIL LUDLAM - CONTINUED FROM MARCH 22, 1993 PRIMARY MEMBER POPE- (43) city Clerk Rachel Clark presented a report providing historical background on absentee voting; information on absentee voting in the 1993 city of San Bernardino Primary Election; the purpose of the proposed ordinance relating to write-in candidates; a presentation/written report submitted by Jim Pettway, representing the Wests ide Action Group; and a summary of the San Bernardino Primary Election held on March 2, 1993. (*Note: Detailed information provided in notebook.) Discussion ensued regrading the alleged allegations made by Jim Pettway relative to the March 2, 1993 Primary Election. It was pointed out that these allegations are a political issue, creating a negative impression on the city of San Bernardino. MAYOR HOLCOMB EXCUSED Mayor Holcomb left the luncheon workshop and the duties of Mayor were assumed by Mayor Pro Tem Pope-Ludlam. City Attorney Penman explained the laws governing prosecution of absentee voter fraud. He explained that the courts have said the way to control is not to curtail the absentee voter process, but rather prosecute the violator. He further explained that Charter cities are allowed to have their own election code under California Law. Alberta Cloutier, stated that she had requested an absentee ballot application and had called the City Clerk's Office requesting that the application to be mailed to her; however, she had never received it. 23 4/5/93 city Clerk Clark stated that there was no record of Ms. Cloutier requesting an absentee ballot application. Discussion ensued relative to the absentee ballot process. Michelle Beauregard, a resident of San Bernardino, CA, stated that the city of San Bernardino has changed the laws governing the use of absentee ballot applications. Ms. Beaureguard commented on the number of absentee applications rejected by the City Clerk and the number of applications that were researched and found to be accurate. Ester Ross, a resident of the sixth Ward, San Bernardino, CA, expressed concern regarding the absentee ballot application process and inquired why so much emphasis is put on the process. She referred to a list of residents who were registered to vote according to the Registrar of Voters' index and who had not received an absentee ballot. Discussion ensued relative to applicable State and City laws governing the absentee ballot process. Jeff Wright, P.o. Box 2341, San Bernardino, CA, voiced concern regarding the absentee ballot application process. Bishop Stewart, 1634 N. Cabrera Street, San Bernardino, CA voiced concern regarding the absentee ballot applications that were rejected based on illegible handwriting. Dr. Curlin, candidate for Second Ward Council concern regarding provisions available to handicapped. Member, voiced the ill and Rikki Wagner, a res ident of San Bernardino, concern relative to the problems encountered with elderly during an election. CA, expressed the frail and Joyce Spencer campbell, a resident of San Bernardino, CA, spoke on behalf of her sister, who did not receive an absentee ballot. Ester Ross, a resident of San Bernardino, CA, voiced concern that many residents of the sixth Ward had requested absentee ballots but did not receive their ballots from the Clerk's Office. Discussion ensued relative to the anyone other than the voter to return provisions for signature verification. ci ty' slaws prohibiting a voted ballot; and the 24 4/5/93 City Administrator Clark explained that when the City Clerk's office rejects the application, it allows the voter more time to go to the Registrar of Voters Office to correct the problem if it relates to registration. Mayor Pro Tem Pope-Ludlam stated that on April 19, 1993, the San Bernardino Superior Court will make a decision regarding the absentee ballots rejected by the city Clerk's Office. There was no action taken during the luncheon workshop. RECESS MEETING At 1:50 p.m., the luncheon workshop recessed to the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RECONVENE MEETING At 2:02 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Maudsley, Pope-Ludlam. GENERAL PLAN AMENDMENT - PORTION OF THE CENTRAL CITY SOUTH PLAN AREA - SOUTH OF MILL STREET, BETWEEN INLAND CENTER DRIVE AND 1-215. (45) In a memorandum dated March 25, 1993, Al Boughey, Director of Planning & Building Services, stated that on April 15, 1991 the Mayor and Council adopted the Central city South Plan for the area located south of Rialto Avenue to Inland Center Drive between "E" Street and 1-215. The majority of the area was designated CCS-1, General Commercial. The area south of Mill street, except for the parcels fronting on Inland Center Drive and some on "H" Street, is developed with warehouses and has had a variety of light industrial uses for several years. At the time the Central City South Plan was before the Mayor and Council for adoption, there was a redevelopment proposal pending to establish a major commercial center south of Mill Street and the area was given the CCS-1 designation. The proposal did not materialize and now there are several vacant structures that have lost the nonconforming status and cannot be reused for warehousing and other light industrial uses. 25 4/5/93 Most of the buildings are not suitable for conversion to commercial uses due to their size and limited parking. In addition, it may be several years until the area is ready to absorb the additional commercial acreage, removal of the warehouse buildings, and construction of new commercial buildings occurs. Several requests have been received to establish warehousing/light industrial uses in this area. Staff estimates that it costs approximately $5,000 to prepare a General Plan amendment, including environmental review, for the portion of the Central City South Plan area south of Mill Street. This includes the use of a consultant to prepare the necessary documentation/reports for processing through the Planning commission and the Mayor and Council. The Economic Development Agency has agreed to pay the consultant cost pending Mayor and Council approval to proceed with initiation of a General Plan amendment. If it is determined that a Development Code amendment is required to support a General Plan amendment, the consultant will prepare the necessary documentation for inclusion in the Development Code Revision Program. Council Member Reilly made a motion, seconded by Council Member Hernandez, and unanimously carried, that staff be directed to initiate a General Plan amendment to evaluate appropriate land use designations for the area south of Mill Street between Inland Center Drive and 1-215. APPEAL HEARING OFFICER'S STATEMENT OF DECISION- REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 262- GOLDEN EAGLE MOTEL - HONG WEN YANG & LIN MEI-YUNG YANG - CONTINUED FROM JANUARY 20, 1993 (46) This is the time and place continued to hear an appeal on the Hearing Officer's Statement of Decision regarding the revocation of Conditional Development Permit No. 262, Golden Eagle Motel. In a memorandum dated March 25, 1993, Al Boughey, Director of Planning & Building Services, reported that the appeal of the Hearing Officer's Statement of Decision pertaining to the Golden Eagle Motel, was filed and continued several times to enable the applicant time to complete a General Plan amendment and the necessary repairs to the motel in order to obtain a certificate of occupancy. The General Plan amendment was approved by the Mayor and Council on March 8, 1993, and the certificate of occupancy is all but complete. However, the applicant cannot obtain a Business Registration certificate until an operator's permit has been 26 4/5/93 obtained from the Police Department. The application is being reviewed, but will not be finalized prior to the April 5, 1993 Council meeting. staff recommends that the hearing be continued until May 10, 1993 so that the applicant can complete all necessary steps toward re-opening the motel. council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appeal of the Hearing Officer's statement of Decision relative to the revocation of Conditional Development Permit No. 262, Golden Eagle Motel, be continued to April 19, 1993 in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy city Attorney Empeno left the Council meeting and was replaced by Sr. Assistant city Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:04 p.m., Chairman Holcomb 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. ARDEN GUTHRIE REVITALIZATION STRATEGY - DISCUSSED FROM EARLIER IN THE MEETING. SEE PAGE 21 (R-14) This is the time and place continued to from earlier in the meeting to consider the Arden-Guthrie Revitalization Strategy. In memorandums dated April 1, 1993 and March 31, 1993 from the City Attorney's Office, concern was expressed regarding the non-profit status of the Southern California Housing Development corporation and Action Housing Property Management. Discussion was held regarding the key components of the Arden-Guthrie Revitalization strategy and funding sources. COUNCIL MEMBER At 2:32 p.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the It was pointed out that Southern California Housing Development Corporation (SCHDC), a non-profit organization, ~s negotiating with the Resolution Trust corporation to acquire 24 fourplexes. The U.S. Department of Housing and Urban Development is prepared to immediately fund the acquisition and substantial rehabilitation of several buildings within the neighborhood, totally predicated on the City having an approved/adopted strategy. without an approved strategy, the Federal Government is unwilling to proceed with financing of any buildings within the neighborhood. 27 4/5/93 Council Member Miller made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council authorize staff to immediately acquire and rehabilitate one four-plex building for conversion to a multi-use facility, appropriate $150,000 in CDBG funds for said purpose and authorize the Mayor and Executive Director to execute any documents required to effectuate said transaction. (Motion B) *Note: There was no vote taken at this time. Council Member Miller made a motion, seconded by Council Member Hernandez, that the Community Development Commission authorize the issuance of a Request for Proposals (RFP) for qualified property management companies for the purpose of identifying designated "project managers" for the Arden-Guthrie Focus Neighborhood; and that Council Member Miller and Council Member Maudsley and staff review the proposals for approval. (Motion C) *Note: There was no vote taken at this time. Council Member Miller made a motion, seconded by Council Member Hernandez, that the Community Development Commission authorize Agency staff to solicit funding resources from the Inland Valley Development Agency (IVDA) for the purpose of financing the various components contained within the Arden- Guthrie Focus Neighborhood Revitalization strategy; and that Council Member Miller and Council Member Maudsley and staff review the proposals for approval. (Motion E) *Note: There was no vote taken at this time. Ken Henderson, Executi ve Director, Development Department, suggested that the Mayor and Council and Community Development Commission direct staff to incorporate open space as an integral component of the strategy taking into consideration that it will not commit the city to the park. Evelyn Kenney, a resident of San Bernardino, CA, objected to the proposed Arden-Guthrie Revitalization Strategy. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern regarding a request from the Sunrise Village Apartment Owners Association that the Economic Development Agency pay $1,600 to the state for their 1991 and 1992 income taxes. Gordon Young, 2782 18th Street, San Bernardino, CA, voiced objection to the Arden Guthrie Revitalization strategy. Ron Jergensen, President, Paladin Company, voiced support of the City implementing a strategy for the Arden Guthrie area. 28 4/5/93 Keith Reno, 1400 Edgehill Road, San Bernardino, CA, stated that he supports revitalization of the Arden Guthrie area. council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize staff to immediately acquire and rehabilitate one four-plex building for conversion to a multi-use facility, appropriate $150,000 in CDBG funds for said purpose and authorize the Mayor and Executive Director to execute any documents required to effectuate said transaction. (Motion B) council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Community Development Commission authorize the issuance of a Request for Proposals (RFP) for qualified property management companies for the purpose of identifying designated "project managers" for the Arden-Guthrie Focus Neighborhood; and that Council Member Miller and Council Member Maudsley and staff review the proposals for approval. (Motion C) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Community Development Commission authorize Agency staff to solicit funding resources from the Inland Valley Development Agency (IVDA) for the purpose of financing the various components contained within the Arden-Guthrie Focus Neighborhood Revitalization strategy; and that Council Member Miller and Council Member Maudsley and staff review the proposals for approval. (Motion E) Council Member Miller made a motion, seconded by Council Member Estrada, that the Community Development Commission adopt the attached Comprehensive Revitalization Strategy for the Arden- Guthrie Focus Neighborhood without monetary figures. (Motion A) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Maudsley. (Motion A) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that staff be directed to pursue strategies for open space and report to the U.s. Department of Housing and Urban Development (HUD). (Motion D) RECESS MEETING At 3:28 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:37 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. 29 4/5/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley. RECONSIDER DEMOLITION PROPOSAL REVIEW (DPR) NO. 90-02- PLATT BUILDING - 491 WEST 5TH STREET (44) In a memorandum dated March 23, 1993, Al Boughey, Director of Planning and Building Services, stated that on March 8, 1993, the Mayor and Council directed staff to place the project on the April 5, 1993 agenda for reconsideration of the proposed demolition. The Platt Building, a Spanish eclectic style, four story office and theater building constructed in C1925, is located at 491 West 5th Street. In a memorandum dated September 10, 1992, Al Boughey, Director of Planning & Building Services, stated that on June 18, 1992, the Historic Preservation Task Force adopted the mitigated negative declaration and approved the proposed demolition of the Platt Building. On August 4, 1992, the Planning commission upheld an appeal of the Historic Preservation Task Force decision and denied the demolition project. On September 21, 1992, the Mayor and Common Council denied an appeal of the Planning commission decision and denied the demolition project. Staff has reviewed Building, and determined project have not changed negative declaration. the that with case file regarding the Platt the environmental factors of the regard to the proposed mitigated COUNCIL MEMBER ESTRADA RETURNED At 3:38 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Council Member Hernandez made a motion, seconded by Council Member Minor, to reconsider Demolition Proposal Review (DPR) No. 90-02, Platt Building located at 491 West 5th Street, San Bernardino, California. The motion Members Reilly, Members Estrada, carried by the following vote: Hernandez, Minor, Pope-Ludlam. Miller. Absent: Council Member Ayes: Council Nays: Council Maudsley. CITY ATTORNEY PENMAN EXCUSED At 3:41 p.m., city Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Mayor Holcomb opened the hearing. 30 4/5/93 -, Jim MUlvihill, Cal state University San Bernardino, 5500 University Parkway, San Bernardino, CA, voiced objection to the demolition of the Platt Building. Gary Kirby, 1505 Yardley, San Bernardino, CA, opposed the demolition of the Platt Building and suggested that the building be converted into an Imax Theater. COUNCIL MEMBER At 4:07 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council James Wirth, 1980 Sierra Way, San Bernardino, CA, presented historical information relating to the Platt Building and stated his opposition to the demolition. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the matter relative to the mitigated negative declaration; the mitigated measures and reporting monitoring actions program; and the demolition project be continued to May 10, 1993 in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED At 4:18 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table, but did not vote on the motion. Jeff Wright, P.O. support of the Platt Registry. Box 2341, San Bernardino, Building being placed on CA, spoke in the National CITY CLERK RACHEL CLARK EXCUSED At 4:20 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Jones. RES. 93-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN liD" STREET AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN, AND SET A PUBLIC HEARING. (Discussed earlier in the meeting. See Page 18) (37) Roger Hardgrave, Director of presented a revised resolution which a public hearing in the title of the Public Works/City Engineer, incorporated language to set resolution. 31 4/5/93 Discussion was held regarding the proposed closure of 7th street and the impact of traffic congestion on the streets. council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-106 was adopted by Ayes: Council Members Estrada, Reilly, Nays: Council Members Hernandez, Miller. Member Maudsley. the following vote: Minor, Pope-Ludlam. Absent: Council ORD. MC-868 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY; AND DECLARING THE URGENCY THEREOF- (Discussed earlier in the meeting. See page 19) Uraencv (38) council Member Miller made a motion, seconded by Council Member Minor, that said urgency ordinance be adopted. Ordinance No. MC-868 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Maudsley. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY. First (38) Council Member Minor made a motion, Member Estrada, that said ordinance be adoption. seconded laid over by Council for final The motion carried by Members Estrada, Reilly, Council Member Pope-Ludlam. the following vote: Ayes: Council Hernandez, Minor, Miller. Nays: Absent: Council Member Maudsley. PRIMARY PARKING PERRIS HILL PARK 21ST STREET, EAST OF RECREATION & COMMUNITY SERVICES PLUNGE - PERRIS HILL THE CHANNEL PARKS, DEPARTMENT (39) In a memorandum dated March 16, 1993, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the 21st Street parking lot is proposed for regular use primarily to accommodate parking for the soon to be renovated Perris Hill Plunge. The plunge is expected to reopen in July and its newness and modern design is expected to draw hundreds of visitors daily. without the use of this lot, there is not adequate or convenient parking in the vicinity of the plunge. 32 4/5/93 Police Department personnel reviewed the proposal for use of the parking lot and recommended that a one-way barrier be constructed on the 21st street exit and that the entry be secured at the closing of the pool each evening. Based on these conditions, the Police Department supports the recommended action. council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the Parks, Recreation and Community services Department be authorized to permit use of the 21st street parking lot, east of the Flood Control Channel at Perris Hill Park on a regular basis as the primary parking lot for perris Hill Plunge. LETTER OF OPPOSITION PUBLIC UTILITIES COMMISSION (PUC) APPLICATION BY SOUTHERN CALIFORNIA EDISON COMPANY RATE INCREASE (40) In a memorandum dated March 23, 1993, Fred Wilson, Assistant City Administrator, stated that on March 17, 1993, the Ways and Means Committee reviewed the application by Southern California Edison for a rate increase. The Committee did not make a recommendation relative to either opposing or supporting this application but instead referred the issue to the Mayor and Common Council for a recommendation. Edison is attempting to recover costs connected with their existing nuclear investment in the San Onofre Nuclear Generating station Units 2 and 3 and Palo Verde Units 1, 2 and 3. council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the matter authorizing Mayor Holcomb to submit a letter opposing the Public utilities commission (PUC) application by Southern California Edison company for a proposed rate increase be referred to the Ways and Means Committee. ELIMINATE PRESENCE OF POLICE OFFICER AT COUNCIL MEETINGS (41) In a Hernandez, eliminating memorandum dated requested that the presence of a March 26, 1993, Council Member the Mayor and Council discuss Police Officer at Council meetings. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council eliminate the need for a police officer at Council meetings. 33 4/5/93 SALARY INCREASE - ELECTION BOARD WORKERS (42) In a memorandum dated March 30, 1993, City Clerk Rachel Clark, requested that the Mayor and Council approve a rate increase for clerks and judges who serve on election boards. The last rate increase occurred three years ago. The County is currently paying $5 more than the city pays to clerks and judges. The city of San Bernardino pays Judges and Clerks $50. The County pays Judges and Clerks $55. Each polling place has one inspector, one judge, and two clerks. Therefore, the cost to increase judges and clerks' salaries by $5 will be $1485, plus $30 for clerks/judges on two extra boards, for a total of $1515 for the May 4th general election. There will be a total savings of $1760 achieved through consolidation of the pOlling places from the primary and general elections which can be used to cover the increased rates. council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the City Clerk be authorized to increase rates paid to judges and clerks serving as election officers at polling places from the current rate of $50 to $55 effective May 4, 1993. RECONSIDER - LETTER OF OPPOSITION - PUBLIC UTILITIES COMMISSION (PUC) APPLICATION BY SOUTHERN CALIFORNIA EDISON COMPANY RATE INCREASE - CONSIDERED EARLIER IN THE MEETING. SEE PAGE 343 (40) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to reconsider action taken earlier in the meeting regarding Mayor Holcomb being authorized to send a letter of opposition on the Public utilities commission (PUC) application for a rate increase filed by Southern California Edison company. city Administrator Shauna Clark read a letter prepared by Mayor Holcomb opposing the PUC application filed by Southern California Edison Company for a rate increase. CITY CLERK RACHEL CLARK RETURNED At 4:35 p.m., city Clerk Rachel Clark returned to the council meeting and replaced Deputy City Clerk Jones. Council Member Estrada made a motion, Member Reilly, and unanimously carried, that to the Ways and Means Committee. seconded by Council the item be referred 34 4/5/93 RES. 93-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CITY CLERK'S OFFICE. (S-l) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted as amended by interlineation deleting the 1985 and 1987 Municipal Election records from Exhibit A of the resolution. Resolution No. 93-107 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. RES. 93-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2743, FOR THE AREA GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. (S-2) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-108 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. CHANGE ORDER NO. FIVE - WIDEN SOUTH "E" STREET BRIDGE- BRUTOCO ENGINEERING AND CONSTRUCTION (S-3) In a memorandum dated March 30, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that all work in connection with the South "E" Street Bridge over the Santa Ana River was satisfactorily completed as of March 15, 1993. During construction, the contractor placed the City on notice of certain claims. Two claims consist of items for the actual quantity of earthwork being larger than the estimated amount in the contract documents. The other item was for addi tional quanti ties of concrete rip rap having to be placed, due to the existing rip rap not being installed according to plans. All claims noted by the contractor are included in the amount of $93,155.88 for contract Change Order No. Five. Approval is recommended in order to settle all claims by the contractor and allow the project to be closed out. Change Order No. Five would authorize additional payment of $93,155.88, for an increase in the contract price from $3,600,365.23 to $3,693,521.11. 35 4/5/93 council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. Five to the contract with Brutoco Engineering & Construction co., for the widening of South "E" street Bridge, in accordance with Plan No. 8347, be approved; to authorize payment to the contractor for extra work, for an increase in the contract price of $93,155.88; from $3,600,365.23 to $3,693,521.11. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:45 p.m., Chairman Holcomb 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. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WYATT CONSTRUCTION FOR INSTALLATION OF LIGHTING SYSTEMS AT RUBEN CAMPOS, JOHNSON, MILL, LYTLE CREEK AND NICHOLSON COMMUNITY CENTERS. (R-S) Roger Hardgrave, Director of Public Works/City Engineer, stated that several complaints have been received regarding the bidding process for installation of lighting systems at the various community centers, and recommended that the resolution be continued to a later date. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution be continued to April 19, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED city Attorney Penman left the Council meeting and was replaced by Sr. Assistant City Attorney Barlow. RECONSIDER - RES. NO. 93-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO DELMANN HEIGHTS, RUDY HERNANDEZ, MILL AND JOHNSON COMMUNITY CENTERS. (Discussed earlier in the meeting. See page 20) (R-2) RECONSIDER - RES. 93-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NADAR, INC., FOR IMPROVEMENTS TO SWIMMING POOLS AT THE RUBEN CAMPOS, MILL, DELMANN HEIGHTS AND RUDY HERNANDEZ COMMUNITY CENTERS; AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (Discussed earlier in the meeting. See page 21) (R-3) 36 4/5/93 RECONSIDER - RES. 93-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO THE BOYS AND GIRLS CLUB, RUBEN CAMPOS, LYTLE CREEK, NICHOLSON, AND SENIOR CITIZENS CENTERS. (Discussed earlier in the meeting. See page 21) (R-4) council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that Resolutions 93-103, 93-104 and 93-105, be reconsidered. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 4: 58 p.m., Council Member Pope-Ludlam left the Council meeting. Discussion was held regarding the city Attorney being given an opportunity to review the resolutions and make non-substantive changes. RES. 93-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO DELMANN HEIGHTS, RUDY HERNANDEZ, MILL AND JOHNSON COMMUNITY CENTERS. (R-2) RES. 93-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NADAR, INC., FOR IMPROVEMENTS TO SWIMMING POOLS AT THE RUBEN CAMPOS, MILL, DELMANN HEIGHTS AND RUDY HERNANDEZ COMMUNITY CENTERS; AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (R-3) RES. 93-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRKLEY DEVELOPMENT, INC., FOR GENERAL IMPROVEMENTS TO THE BOYS AND GIRLS CLUB, RUBEN CAMPOS, LYTLE CREEK, NICHOLSON, AND SENIOR CITIZENS CENTERS. (R-4) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that action taken earlier to adopt Resolution Nos. 93-103, 93-104, and 93-105 be ratified subject to review and approval by the City Attorney; and that the city Attorney be authorized to make non-substantive changes without formal approval of the City Council. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Minor, Miller. Absent: Council Members Maudsley, Pope-Ludlam. Ayes: Council Nays: None. COUNCIL MEMBER MILLER EXCUSED At 4:53 p.m., Council Member Miller left the Council meeting. 37 4/5/93 RES. 93-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES. (Continued from March 22, 1993) (R-7) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. James Wirth, 1980 Sierra concern that a particular preferential parking assistance Way, San Bernardino, CA, voiced business owner is receiving from the City of San Bernardino. Discussion was held regarding the terms of the lease agreement with Vanir Research Company, and David and Denyse Miller relating to the number of parking spaces in Parking District Lot 1 located at 5th and "E" Street, which is now occupied by the Department of Social Services Welfare Operations. Resolution No. 93-109 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor. Nays: None. Absent: Council Members Maudsley, Pope-Ludlam, Miller. FISCAL YEAR 1993-94 HOME PROGRAM DESCRIPTION (R-8) In a memorandum dated April 2, 1993, Kenneth J. Henderson, Executive Director, Development Department, stated that the city has received formal notice from the U. S. Department of Housing and Urban Development (HUD) of FY 1993-94 HOME Program funding availability in the amount of $723,000. The HOME Investment Partnerships Act (HOME) Program was created under Title II of the National Affordable Housing Act of 1990. The general purpose of HOME is to expand the supply of decent, safe, sanitary and affordable housing, primarily rental housing; to strengthen the abilities of local government to provide housing; and to assure Federal housing services, financing and other investments are provided to local government in a coordinated supportive fashion. Staff has formulated a HOME Program Description which supports the City's adopted Housing Element, and is consistent with the city's adopted Comprehensive Housing Affordability Strategy (CHAS). The program description includes certifications necessary to implement the HOME Program. It is proposed that the FY 1993-94 HOME Program funds be allocated in the following manner: Program and CHDO Administration- $108,450; Moderate Rehabilitation - $306,100; CHDO Activity (15%) - $108,450; and Tenant-based Assistance Program - $200,000 for a total of $723,000. 38 4/5/93 council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve the attached Fiscal Year 1993-94 HOME Program Description, and authorize staff to submit same to the U.S. Department of Housing and Urban Development. COUNCIL MEMBER MILLER RETURNED At 5:02 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 93-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF FOURTH STREET, BETWEEN "E" STREET AND "D" STREET, TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO; AUTHORIZING THE EXECUTION OF THE PERTINENT ESCROW INSTRUCTIONS AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAID REDEVELOPMENT AGENCY AND AUTHORIZING PAYMENT THEREFOR. (R-9E) RES. 93-84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA OF THE AGENCY. (R-9F) On March 22, 1993 the Council/Commission considered the Police headquarters acquisition at 466 West Fourth Street. The Council/Commission approved the resolutions immediately before adjournment of the meeting. Motions "E" and "F" were inadvertently left out of the motions approved by the Council/Commission. Staff is requesting that the Council ratify Motions "E" and "F" in conformance with the actions taken on March 22, 1993. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolutions be ratified. Resolution following vote: Miller. Nays: Members Maudsley, Nos. 93-84 and 93-85 were ratified by the Ayes: Council Members Estrada, Reilly, Minor, Council Member Hernandez. Absent: Council Pope-Ludlam. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING (R-11) In a memorandum dated April 2, 1993, Kenneth J. Henderson, Executive Director, Development Department, stated that on April 1, 1993, the Community Development citizen Advisory Committee (CDCAC) reviewed the funding requests, and recommended that the Mayor and Council approve the CDBG funding requests as recommended for the projects. 39 4/5/93 council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council schedule a Community Development Block Grant (CDBG) public hearing for April 19, 1993, at 11:00 a.m., in the City Council Chambers, to hear citizen comments and take action as deemed appropriate relative to various requests for funding. RES. 93-110 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HEREBY PROCLAIMING AND DECLARING THE DESIGNATION OF APRIL 5 THROUGH 9, 1993, AS "NATIONAL COMMUNITY DEVELOPMENT WEEK '93". (R-12) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Nays: Resolution No. 93-110 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Minor, Miller. None. Absent: Council Members Maudsley, Pope-Ludlam. ADJOURNMENT (47) At 5:14 p.m., Mayor Holcomb adjourned the regular meeting of the Mayor and Common Council to 8:30 a.m., April 19, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, california. RACHEL CLARK City Clerk City Clerk No. of Hours: 8 hrs. No. of Items: 66 40 4/5/93