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Home My WebLink About06-07-1993 Minutes -~' MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 7, 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 9:02 a.m., Monday, June 7, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. READING OF RESOLUTIONS AND Deputy city Clerk Vale resolutions and ordinances on Community Development commission ORDINANCES read the titles of all the regular, supplemental agendas. the and ROLL CALL Roll call was taken by city Clerk Rachel Clark with the fOllowing being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: None. INAUGURAL CEREMONY FOR NEWLY-ELECTED OFFICIALS At 9:02 a.m., Monday, June 7, 1993, Mayor Holcomb called to order the Inaugural Ceremony for newly-elected Council Members Edward Negrete, F.J. curlin, M.D., and David Oberhelman, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. MAYOR HOLCOMB - OPENING REMARKS Mayor Holcomb stated that the City has a bright future; although Mayor-elect Minor will be challenged by many issues. Mayor Holcomb expressed the desire for a local nightly news channel to bring the community together in facing the many challenges that the region will encounter in the future. INVOCATION The invocation was given by Colonel Dan Armstrong, Norton Air Force Base. PLEDGE OF ALLEGIANCE The pledge of allegiance was Council Member Curlin's mother, Member Negrete's grandson. given by and Jason Margaret Negrete, Curlin, Council 1 6/7 /93 captain Jim Linzey of Norton Air Force Base sang "God Bless the U. S. A. " OATH OF OFFICE - F. J. CURLIN, M.D. - SECOND WARD The Honorable John F. Ingro, Judge of the Superior Court, San Bernardino, administered the Oath of Office to F. J. Curlin, M.D. COUNCIL MEMBER REILLY EXCUSED At 9:21 a.m., Council Member Reilly left the Council meeting and was replaced by Council Member Curlin. OATH OF OFFICE - DAVID OBERHELMAN - FOURTH WARD The Honorable John W. Kennedy, Jr., Judge of the court, San Bernardino, administered the Oath of Office Oberhelman. Superior to David COUNCIL MEMBER MAUDSLEY EXCUSED At 9:23 a.m., Council Member Maudsley left the meeting and was replaced by Council Member Oberhelman. Council OATH OF OFFICE - EDWARD NEGRETE - FIRST WARD City Clerk Rachel Clark administered the Oath of Office to Edward Negrete. COUNCIL MEMBER ESTRADA EXCUSED At 9:25 a.m., Council Member Estrada left the Council meeting and was replaced by Council Member Negrete. OATH OF OFFICE - TOM MINOR - MAYOR city Clerk Rachel Clark administered the Oath of Office to Tom Minor. city Clerk Rachel Clark presented Mayor and Mrs. Holcomb with a memory album, and a symbolic check representing the 9,966 original resolutions and ordinances Mayor Holcomb signed during his tenure as Mayor. Mrs. Virginia Minor presented a bouquet of flowers to Mrs. Penny Holcomb. MAYOR HOLCOMB EXCUSED At 9:28 a.m., Mayor Holcomb left the Council meeting and was replaced by Mayor Minor. MAYOR MINOR - OPENING REMARKS Mayor Minor family. He stated City faces in a priorities are: neighborhood program; thanked his supporters, and introduced his that he would approach each problem that the positive manner, and explained that his balancing the budget; implementing a addressing the need to make single family 2 6/7 /93 residential improvements in the area bounded by Highland Avenue, Rialto Avenue, Waterman Avenue, and the I-215 freeway; implementing a business retention program; and addressing the conversion of Norton Air Force Base to civilian use. Mrs. Penny Holcomb presented a bouquet of flowers to Mrs. Virginia Minor. COUNCIL MEMBER NEGRETE - MOMENT OF SILENCE FOR PAULINE PULVER council Member Negrete requested a moment of silence in the memory of Pauline Pulver, who passed away on Sunday. COUNCIL MEMBER NEGRETE - OPENING REMARKS Council Member Negrete thanked his supporters, and introduced his family. COUNCIL MEMBER CURLIN - OPENING REMARKS council Member Curlin thanked his supporters, and introduced his family. COUNCIL MEMBER OBERHELMAN - OPENING REMARKS Council Member Oberhelman thanked his supporters, and introduced his family. Arturo Ramos, former lead singer of the "Ink spots", sang "Wind Beneath My Wings". RECESS MEETING - RECEPTION FOR NEWLY ELECTED OFFICIALS At 10:00 a.m., the meeting was recessed until 10:30 a.m. to hold a reception honoring the newly-elected council Members in the lobby area of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 10:36 a.m., Mayor Minor reconvened the regular meeting 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 Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant 3 6/7 /93 ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ - WELCOME NEW COUNCIL MEMBERS (2) Council Member Hernandez welcomed newly-elected council Members Negrete, Curlin and Oberhelman. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2-A) Council Member Oberhelman thanked staff for their work on the Inauguration Ceremony. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM - WELCOME NEW COUNCIL MEMBERS (2-B) Council Member Pope-Ludlam welcomed newly-elected council Members Negrete, Curlin and Oberhelman. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, welcomed newly-elected Council Members Negrete, Curlin, and Oberhelman. PUBLIC COMMENTS - PAUL CHANEY (3-A) Paul Chaney, 1532 Belle Street, San Bernardino, CA, urged the City to provide adequate funding for the care of trees, and to provide training for the employees who care for the trees in the city. PUBLIC COMMENTS - LARRY SINGLETON (3-B) Larry Singleton, a resident of Highland, CA, expressed doubt in the Council's ability to solve the city's problems. APPOINTMENTS OBERHELMAN & MEETING - SEE COUNCIL MEMBERS NEGRETE, CURLIN & MAYOR MINOR DISCUSSED LATER IN THE PAGE 16 (4) In memoranda dated June 2, 1993 and June 3, 1993, Council Members Negrete, Curlin, Oberhelman, and Mayor Minor, requested that the following appointments be approved: Council Member Hernandez made a motion, seconded by council Member Miller, and unanimously carried, that the following appointments requested by Council Members Negrete, Curlin, and Oberhelman; and the appointment requested by Mayor Minor, be approved. COUNCIL MEMBER NEGRETE - FIRST WARD Building commission - Alfredo Enciso Bureau of Franchises - J.C. Smith 4 6/7 /93 Community Development citizens Advisory Committee- Father Ray Rosales Main street Advisory Board - steve Easley Park & Recreation commission - Robert G. Vega Planning commission - Leonard Gonzales Police commission - Santiago "Jim" Juarez COUNCIL MEMBER CURLIN - SECOND WARD Fine Arts Commission - Earl Statler Park & Recreation Commission - Thomas L. Sensintaffar Senior Affairs commission - william Autrey Community Development citizen Advisory Committee- Susan Lien COUNCIL MEMBER OBERHELMAN - FOURTH WARD Animal Advisory Commission - John Martin Building commission - Jim Cimino Bureau of Franchises - Ed Lambrich Community Development citizen Advisory Committee- Robert McDonald Fine Arts Commission - Barry Silver Fire commission - Carson Storer Park & Recreation Commission - Rhoda Fox Planning commission - Ralph Affaitati Police commission - Jim sivelle Senior Affairs commission - James Morrow MAYOR MINOR Planning commission Reappointment - John Traver COMMENDATION ASSISTANCE L.A. CELLULAR MUNICIPAL ELECTION ( 4-A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to L.A. Cellular for providing the city Clerk's Office with four cellular phones that were utilized in the recent Primary and General Elections which greatly facilitated communications between the City Clerk's staff and the precinct boards staff located at polling places. Mark Estermyer, Senior Account Executive, L.A. Cellular accepted the commendation. PROCLAMATION - JOB CONNECTION DAY - JUNE 15, 1993 (4-B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Tuesday, June 15, 1993, as Job Connection Day in the City in an effort to connect unemployed individuals with prospective employers. 5 6/7 /93 Frank Keller, Director of Telecommunications accepted the proclamation. APPEAL - POLICE COMMISSION DECISION - DENIAL OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. 5TH STREET - JACK & LINDA LIAO - CONTINUED FROM MAY 10, 1993 (32) This is the time and place continued to for an appeal of the Police Commission's denial of an Operator's Permit for the Desert Inn Motel located at 607 West 5th street, owned by Jack and Linda Liao. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the City Attorney's Office receive and file the legal briefs; and that the hearing be continued to June 21, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. PUBLIC HEARING IMPOSING LIENS ON PROPERTY- UNCOLLECTED BUSINESS REGISTRATION FEES (33) This is the time and place set for a public hearing to impose liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated May 19, 1993, Rachel Clark, city Clerk, requested authorization to impose liens on certain parcels of real property for uncollected business registration fees. Mayor Minor opened the hearing. city Clerk Rachel Clark stated that Exhibit A of said resolution should be amended by deleting the following addresses: 277 E. 11th Street, 2266 Denair Avenue, 839 North "K" street, 2194 McKinley Avenue, 2094 North Arden Avenue, 2072 North Arden Avenue, 1111 Chestnut Street, 1115 Chestnut Street, 3445 East 21st Street, 2741 Park Avenue, 1401 Pepper Tree Lane, 1385 North Mtn. View, and 660 Dover Drive. RES. 93-170 - 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. (33) Council Member Miller made a motion, seconded by Council Member Oberhelman, that the hearing be closed; and that said resolution be adopted as amended to delete the following addresses: 277 E. 11th street, 2266 Denair Avenue, 839 North "K" Street, 2194 McKinley Avenue, 2094 North Arden Avenue, 2072 North Arden Avenue, 1111 Chestnut street, 1115 Chestnut Street, 3445 East 21st Street, 2741 Park Avenue, 1401 Pepper Tree Lane, 6 6/7 /93 1385 North Mtn. View, and 660 Dover Drive. Resolution No. 93-170 was adopted by the following vote: Ayes: council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. * Fifth Ward Office Vacant. PUBLIC HEARING ESTABLISH FEES IDENTIFICATION (MICROCHIP IMPLANT) FOR ELECTRONIC DOGS & CATS (34) This is the time and place set for a public hearing to consider establishing a fee for the electronic identification of dogs and cats by using microchip implant. In a memorandum dated May 4, 1993, Deborah Biggs, Director of Animal Control, stated that the Animal Advisory Commission has been exploring the use of microchips to expedite identification of animals. In April, 1993, the Commission chose the InfoPet National Animal Identification and Recovery System. The InfoPet System is based on a small and permanent implantable microchip about the size and shape of a grain of rice. Each animal arriving at the shelter would be scanned which would allow an identified pet to be reunited with its owner by tracing the unique identification code through the records or InfoPet's National Registry. Reuniting lost pets with their owners reduces housing costs, and increases revenues through redemptions. The Animal Advisory Commission is committed to developing programs to reuni te lost pets with their owners. InfoPet' s electronic identification system is an easy and permanent program to attain that goal. After reviewing other microchip companies, the Commission felt that InfoPet is the best choice to provide a high quality product, with excellent service and responsiveness to our needs. All animals adopted from the animal shelter would be implanted, with the fee for each implant being $8 at the time of adoption. Other residents who wish to have their animals implanted may do so for a fee of $18 per animal. Staff would periodically conduct special clinics to meet the public demand for implanting. The pet owner may voluntarily register their animal with the national database for $30 (lifetime). For each registration, the department would receive an additional $5. This program would provide an estimated $20,000 in additional revenue. Mayor Minor opened the hearing. Deborah Biggs, Director of Animal Control, answered 7 6/7 /93 questions regarding the microchip implant process. Jeff Wright, opposition to the dogs. P.O. Box 2341, San Bernardino, CA, spoke in proposed electronic identification of cats and RES. 93-171 - RESOLUTION OF THE CITY OF SAN ESTABLISHING ELECTRONIC IDENTIFICATION IMPLANT) FEES FOR DOGS AND CATS. BERNARDINO (MICROCHIP (34) Council Member Hernandez made a motion, seconded by council Member Pope-Ludlam, that the hearing be closed; and that said resolution be adopted. The motion carried, and Resolution No. 93-171 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant PUBLIC HEARING - ESTABLISH FEES - RENOVATION OF PERRIS HILL PLUNGE (35) This is the time and place set for a public hearing to consider establishing fees relating to the renovation of Perris Hill Plunge. In a memorandum dated April 26, 1993, Annie Ramos, Director of Parks, Recreation and Community services, stated that the perris Hill Plunge, which is scheduled to be re-opened in July, 1993, will have new amenities and uses which require appropriate fee schedules. The facility with its new open foyer, is suited for family or large group swim parties. The facility charges are based on the use of the foyer, the swimming pools, water slide, kitchen and locker rooms. The charge. costs to slide are new water slide fee is proposed at a $.50 per session This fee is nominal and would help offset operating staff this special feature. Revenues from the water expected to generate approximately $10,000 annually. The Family Swim Pass fee is proposed at $50 per season. The pass allows family admission to any pool within the city for the entire season. A family of five utilizing a pool two days a week would otherwise pay $110 on individual admissions. The pass does not include use of the water slide. A fee is also proposed for adult drop-in basketball which is scheduled at the Hernandez Center Mondays through Fridays from 12:30 p.m. to 3:30 p.m. Attendance ranges from 15 to 50 individuals. If attendance remains stable, revenues could reach $10,000 annually. The cities of Rialto, ontario, and Loma Linda University have similar fees. 8 6/7 /93 Mayor Minor opened the hearing. John Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, answered questions regarding the modification and addition of fees for use of Parks and Recreation facilities. RES. 93-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 91-35 ADDING AND MODIFYING FEES FOR USE OF BUILDINGS, SPORTS FACILITIES, PARK AND RECREATION FACILITIES, PARKS AND PARKING LOTS, EQUIPMENT AND STURGES AUDITORIUM. (35) Council Member Miller 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 Hernandez, that said resolution be adopted. Resolution No. 93-172 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. * Fifth Ward Office Vacant RES. 93-173 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS JUNE 17, 1993 TO JULY 8, 1993. (Conventional Election) (Discussed later in the meeting) (See page 25) (38) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS JUNE 17, 1993 AND JULY 8, 1993. (All Mail-In Ballot Election) (Discussed later in the meeting) (See page 25) (38) Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, spoke in opposition to an all mail-in ballot election to fill the vacant Fifth Ward Council seat. City Clerk Rachel Clark explained the positive aspects of the proposed all mail-in ballot election; and how the proposed all mail-in ballot election would be conducted; and she distributed copies of a proposed resolution calling an all mail- in ballot election. Discussion ensued regarding the various deadlines relating 9 6/7 /93 to the September 14, 1993 election to fill the vacant Fifth Ward Council seat. Jeff Wright, P. O. Box 2341, San Bernardino, CA, spoke in opposition to an all mail-in ballot election to fill the vacant Fifth Ward council seat. City Attorney Penman explained the election procedures that would be utilized if the Mayor and Council decide to conduct the September 14, 1993 election to fill the vacant Fifth ward council seat through an all mail-in ballot election. John Husing, 3142 Cactus circle, Highland, CA, stated his opposition to the proposed all mail-in ballot election to elect a representative for the Fifth Ward. city Clerk Rachel Clark explained that Item 38 was the resolution that would set the election date for September 14, 1993 to fill the vacant Fifth ward council seat. She explained that Item 27 was the enabling ordinance that would allow the city to call for the special election; and that there was a different resolution that would be discussed later in the meeting, Item 38, that if approved, would allow the city Clerk to conduct an all mail-in ballot election. council Member Hernandez made a motion, seconded by council Member Oberhelman, that said resolution be adopted providing that the special Election to fill the vacant Fifth Ward council seat be conducted on September 14, 1993. Resolution No. 93-173 was adopted by the following vote: Ayes: council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RECESS MEETING At 11:50 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:58 a.m., the regular meeting of the Mayor and Common Council reconvened 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 Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. * Fifth Ward Office Vacant COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:58 a.m., Chairman Minor called the regular meeting of 10 6/7 /93 the Community Development Commission to order Chambers of City Hall, 300 North "0" street, California. in the Council San Bernardino, ANNOUNCEMENT - TIMOTHY STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY - COURT STREET SQUARE GRAND OPENING Mr. steinhaus explained that on Saturday, June 5, 1993, Court Street Square had a grand opening. He encouraged everyone to come down at lunchtime, in the evening and on weekends to attend the events. YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA) - RE-ROOFING - 567 N. SIERRA WAY - ADVERTISE FOR BIDS (R-2) In a memorandum dated June 2, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for re- rOOfing the building have been prepared and the project is ready to be advertised for bids. The project consists of applying a hot mop and gravel roof, except over the swimming pool which would receive a 90# cap sheet roof. The total estimated project cost is $58,000. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for re-roofing the Young Women's Christian Association building, at 567 North Sierra way, in accordance with Plan No. 8941, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. CHANGE ORDER NO. TWO - RUDY HERNANDEZ & MILL COMMUNITY CENTER - ROOF REPLACEMENT (R-3) In a memorandum dated June 1, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that during the demolition work at Mill and Hernandez Community Centers, there was evidence that the roof had leaked during previous rainstorms. An investigation of the roof areas indicated that the existing roof at the Hernandez Community Center gym, and Buildings Band C at Mill Community Center were in poor condition and required a total reroof. The total estimated cost of this additional work would be $55,133.65. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Two to the contract with Kirkley Development Inc., for improvements to Delmann Heights, Rudy Hernandez, Mill and Johnson Community centers, in accordance with Plan No. 8890, be approved; to authorize the re-roofing of the gym area of Rudy Hernandez and Wings Band C at Mill Community Centers, at an increase in the contract price of $55,133.65; from $505,436.50 to 11 6/7 /93 $560,573.15. DELMANN HEIGHTS WATER SYSTEM - REPORT (R-9) In a memorandum dated June 3, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, transmitted a memorandum from Bernard Kersey, General Manager of the Water Department, dated June 3, 1993. Mr. Kersey stated that when the Water Department acquired the Delmann system, all of the wells were contaminated and did not meet drinking water standards. The system had no reservoir capacity for fire flows, most of the mains were undersized or worn out, and were located in the backyards of the residences. The existing system was evaluated in 1986 and it was estimated at that time that it would require over $1.5 million in improvements to bring the system up to standards. The total original cost to acquire the system was $732,680.98. Since the Water Department acquired the Delmann Heights water service area, the net revenue derived from water sales has been $1,279,249, and the total expenses have been $1,260,043, for a total net revenue of $19,206. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Council receive and file the attached report from the General Manager of the Water Department regarding the Delmann Heights water services area. EARTHQUAKE RESISTANCE BRACE SYSTEM (ERBS) (R-6 ) In a memorandum dated June 2, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on April 3, 1992, the Development Department received a community Development Block Grant proposal application from the Fire Department to fund the Earthquake Resistance Brace System (ERBS) program in the amount of $69,000. The application was reviewed and favorably recommended by the Community Development citizens Advisory Committee. The Mayor and Council subsequently approved the ERBS program as a loan program. Subsequently, staff determined that the incomes of prospective participants were too low to payoff the loans. The review and eligibility criteria took into consideration whether or not applicants were low and moderate income, handicapped or households with special needs. Based on the anticipated large number of anticipated small loans, staff concluded it would be administratively burdensome to service the loans. Consequently, staff decided to recommend a change in the program criteria from loans to grants. Council Member Hernandez made a motion, seconded by council 12 6/7 /93 Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve a change in the Earthquake Resistance Brace System Program (ERBS) from community Development Block Grants (CDBG) loans to grants not to exceed $4,500; and authorize the City Fire Department to administer the grant program. DEMOLITION - 578 NORTH MOUNT VERNON AVENUE (R-I0) In a memorandum dated June 3, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that the Agency owns property located at 578 North Mt. Vernon Avenue, between sixth and Spruce streets. The parcel is in the Paseo Las Placitas Specific Plan. The structure is an uninhabitable unreinforced masonry building that is economically infeasible to rehabilitate and seismically reinforce. The property is incompatible with the specific plan, and the prudent course of action is to demolish it. Planning and Building Services concurs with this physical description of the building condition and recommended demolition. Demolition of the property would remove a blighted building that poses a potential legal liability, would clear the site, and facilitate implementation of the specific Plan. council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Executive Director to prepare and execute all documentation necessary to demolish improvements at 578 North Mt. Vernon, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common Community Development commission, took Development Commission items. Council, action acting as the on Community RECESS MEETING At 12:38 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. RECONVENE MEETING At 2:07 p.m., the regular meeting of the Mayor and Common Council reconvened 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 Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant 13 6/7 /93 RECESS MEETING - CLOSED SESSION (1, S-2 At 2: 07 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: & R-13) Community 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 below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to 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; 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: Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; 14 6/7 /93 Saab vs. ci ty of San Bernardino - San Bernardino Superior Court Case No. 234561; Sparks vs. city of San Bernardino - San Bernardino Superior Court Case No. 271920; People vs. S & S Meat Products. Inc. etc.. et al - San Bernardino Superior Court Case No. 274510; Kranyac vs. County Ici ty of San Bernardino - united States District Court Case No. SACV 91-400 GLT; citizens for Bernardino 02292. Preservation of Badqer Canyon vs. city of San San Bernardino Superior Court Case No. SCV CLOSED SESSION At 2:07 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant Also present: victor Lorch, Director of Risk Management; Senior Assistant City Attorney Morillo, and Bonnie Greenleaf, Legal Secretary, City Attorney's Office. BONNIE GREENLEAF, LEGAL SECRETARY, CITY ATTORNEY'S OFFICE EXCUSED At 2:37 p.m., Bonnie Greenleaf, Legal Secretary, City Attorney's Office left the closed session. VICTOR LORCH, DIRECTOR OF RISK MANAGEMENT EXCUSED At 2:37 p.m., victor Lorch, Director of Risk Management, left the closed session. TIM STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY ARRIVED At 2:37 p.m., Tim Steinhaus, Agency Administrator, Economic Development Agency arrived at the closed session. TIM SABO, SPECIAL COUNSEL TO THE ECONOMIC DEVELOPMENT AGENCY ARRIVED At 2:37 p.m., Tim Sabo, Sabo and Green, Special Counsel to the Economic Development Agency, arrived at the closed session. 15 6/7 /93 SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 2:38 p.m., Senior Assistant City Attorney Morillo left the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:55 p.m., City Administrator Shauna Clark left the closed session. ADJOURN CLOSED SESSION At 3:32 p.m., the closed session adjourned 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 3:32 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, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant RECONSIDER APPOINTMENTS COUNCIL MEMBER CURLIN- DISCUSSED EARLIER IN THE MEETING - SEE PAGE 4 (4) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the following appointments requested by Council Member curlin, be reconsidered. COUNCIL MEMBER CURLIN - SECOND WARD Fine Arts commission - Earl Statler Park & Recreation Commission - Thomas L. Sensintaffar Senior Affairs Commission - William Autrey Community Development citizen Advisory Committee- Susan Lien Council Member Curlin requested that the matter of the committee appointments representing the Second Ward be continued to June 21, 1993. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments requested by Council Member Curlin, be continued to June 21, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 6/7 /93 WAIVE FURTHER READING OF ALL RESOLUTIONS & ORDINANCES (5) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the city of San Bernardino be approved as submitted in typewritten form: March 22, 1993, May 6, 1993, and May 17, 1993. SET PUBLIC HEARING JUNE 21, 1993 PROPOSED FEE INCREASE - PERRIS HILL PISTOL RANGE - $50 TO $100 (7) In a memorandum dated May 27, 1993, Peggy Ducey, Assistant to the city Administrator, stated that on May 10, 1993, the Mayor and Council recommended an increase in the annual range fees at perris Hill pistol Range. The fee increase is recommended because of the operating deficit for range operations. In Fiscal Year 1992/93 the pistol range had an operating deficit of $40,474, with 53% of the users being civilian. Given these statistics, 53%, or $23,836 of the range budget should be user-fee supported. This goal may not be realistic, since fees would have to be raised significantly to meet this goal. However, user fees can be raised somewhat, based upon surrounding range fees. Of the local ranges, perris Hill has the lowest rates. If the annual fee was increased to $100, from the current annual fee of $50, the rates would be moderate compared to other local ranges and revenue generated would be an additional $4,500 annually based on current membership. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that a public hearing be set for June 21, 1993, at 10:00 a.m. for the purpose of considering an increase in fees for use of the perris Hill Park pistol Range, from $50 to $100, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. REMOVE PARKING RESTRICTIONS - WEST SIDE "E" BETWEEN 16TH STREET & 17TH STREET - REPORT STREET, (8) In a memorandum dated May 7, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the two-hour parking limitations, and the "No Overnight" parking restrictions were removed from the west side of "E" Street, between 16th 17 6/7 /93 street and 17th street at the end of November, 1992. No complaints have been received, and all of the businesses located within this area were surveyed by staff, with no adverse effects of the removal of the restrictions reported. The Police Department has not raised any concerns regarding this matter. The Traffic safety Committee reviewed this matter at its meeting of April 14, 1993, and recommended that no further action be taken. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the report from the city Traffic Engineer on the effects of removing the parking restrictions on "E" street (west side), from 16th street to 17th street, be accepted and filed. PROPOSED NAME CHANGE - BUCKBOARD PARK LITTLEFIELD-SHULTIS MEMORIAL PARK TO (9) In a memorandum dated May 24, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Buckboard Park, a twenty-acre neighborhood park located on Buckboard Road at Kendall Drive has been unofficially called Buckboard Park since the property was first purchased and dedicated for park purposes. The Park and Recreation Commission, at its May 20, 1993, meeting recommended approval of a request to change the name of Buckboard Park to "Littlefield-Shultis Memorial Park" in memory of former Police Officers Tim Littlefield and Bob Shultis who were killed in the line of duty. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the name of Buckboard Park be officially changed to "Littlefield-Shultis Memorial Park". WAIVE FEE - STREET BANNER - MAKE A WISH FOUNDATION (10) In a memorandum dated June 1, 1993, Fred Wilson, Assistant City Administrator, stated that Mr. Dean Dicicco of D.J.D. Enterprises, on behalf of the "Make a wish" Foundation, is staging a benefit "Reggae Summersplash '93" concert at perris Hill Bowl on June 13, 1993. A portion of the proceeds from the concert would be donated to the "Make a Wish" Foundation. To advertise this event, Mr. DiCicco is requesting a street banner be hung on the "E" Street bridge, and that the $200 installation fee be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request from Mr. Dean Dicicco on behalf of the "Make a wish" 18 6/7 /93 Foundation for a waiver of the $200 street banner installation fee to advertise the "Reggae Summersplash '93" concert at the perris Hill Bowl on June 13, 1993, be approved. CLAIMS AND PAYROLL (12) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated June 2, 1993 from the Director of Finance, be approved. PERSONNEL ACTIONS (13) council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 27, 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. RES. 93-174 - 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. (15) RES. 93-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (16) RES. 93-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE REIMBURSEMENT OF FUNDS FOR A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM OFFICER PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT. (17) RES. 93-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (18) 19 6/7 /93 RES. 93-178 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 78 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INTERCONNECTION AND MODIFICATION OF TRAFFIC SIGNALS IN THE CENTRAL BUSINESS DISTRICT. (19) RES. 93-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10352-2, LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE. (20) RES. 93-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITTING TO DEVELOP THE LOCAL PORTION OF THE TRANSPORTATION CONTROL MEASURE SUB-REGIONAL IMPLEMENTATION PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE 1991 SOUTH COAST AIR QUALITY MANAGEMENT PLAN AND THE 1992 FEDERAL ATTAINMENT PLAN FOR CARBON MONOXIDE. (21) RES. 93-181 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER DEPARTMENT'S GEOTHERMAL WELL NO. 66. (26) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-174, 93-175, 93-176, 93-177, 93-178, 93- 179, 93-180, and 93-181 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant ORD. MC-875 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION C OF SECTION 10.16.180 OF THE SAN BERNARDINO MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL PARKING FOR CAR POOLING INCENTIVE. Final (28) ORD. MC-876 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.030(1) (TABLE 4.02) AND 19.20.030(17) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO CLARIFY LOCATION AND SIZE REQUIREMENTS FOR ACCESSORY STRUCTURES. Final (30) 20 6/7 /93 Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said ordinances be adopted. ordinance Nos. MC-875 and MC-876 were following vote: Ayes: Council Members Hernandez, Oberhelman, Pope-Ludlam, Miller. Absent: None. * Fifth Ward Office Vacant adopted Negrete, Nays: by the Curlin, None. PROPOSED MODIFICATIONS - CITY-OWNED BUILDING - 1003 E. HIGHLAND AVENUE - A SPECIAL PLACE MUSEUM (11) In a memorandum dated June 1, 1993, Shauna Clark, city Administrator, stated that Terry Field, Museum Director for A SPECIAL PLACE, has requested authorization from the City to make modifications to the city-owned building located at 1003 East Highland Avenue, formerly the Coddington Branch Library. Plans for the modification of the patio area include a roof and partial enclosure. As the facility belongs to the city, the permission for these modifications must be granted by the Mayor and Council. Mayor Minor requested that the motion be modified to change "city Administrator" to "City Attorney". Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the proposed modifications to the city-owned building located at 1003 E. Highland Avenue (formerly the Coddington Branch Library) be submitted to the Planning and Building Services Department for review; that the city Attorney be instructed to prepare an amendment to the lease agreement which specifies that all improvements would be paid for by A special Place along with all processing fees therefor; and that the amended lease be submitted to the Mayor and Common Council for final approval. RES. 93-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LOAN FROM THE SEWER LINE CONSTRUCTION FUND (245) TO ACCOUNT NO. 001-092-53666 - CITY HALL LIGHTING PROJECT, IN THE AMOUNT OF $187,000 TO FRONT THE COST TO BE INCURRED IN CONNECTION WITH THE UPGRADE OF CITY HALL LIGHTING. (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-182 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant 21 6/7 /93 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND SOUTHEASTERLY OF DEVORE ROAD (PROPOSED ANNEXATION NO. 343) . (22) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said resolution be continued to June 21, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SILVIA CONSTRUCTION, INC. FOR REHABILITATION OF PAVEMENT ON REDLANDS BOULEVARD, FROM HUNTS LANE TO EASTERLY CITY LIMITS. (23) Council Member Miller made a motion, seconded by council Member Oberhelman, that said resolution be adopted. Resolution No. 93-183 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RES. 93-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR MEASURE "I" LOCAL EXPENDITURES. (24) Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, questioned whether Measure I funds could be used to fund the construction of box culverts and storm drains as is proposed in this item. She explained that in Assessment District No. 997 the residents of Verdemont were advised that Measure I funds could not be used to fund the construction of box culverts and storm drains, and therefore an Assessment District was necessary. Roger Hardgrave, Director stated that Measure I funds construction of box culverts and of Public Works/City could be used to storm drains. Engineer, fund the Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-184 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. * Fifth Ward Office Vacant 22 6/7 /93 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WALT RANKIN FOR THE FURNISHING AND DELIVERY OF PLAYGROUND SURFACING, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-15. (25) city Administrator Shauna Clark, requested that this item be continued so that a further review of the bid specifications can be conducted. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution be continued to June 21, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORD. MC-877 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.170 OF AND ADDING SECTION 2.56.171 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CALLING SPECIAL ELECTIONS AND THE DATE SUCH ELECTIONS SHALL BE HELD. Final (27) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said ordinance be adopted. Ordinance MC-877 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Curlin. Absent: None. * Fifth Ward Office Vacant ORD. MC-878 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION NO. 19.06.030(2) (S) (1) AND (11) AND ADDING SECTION NO. 19.06.030(2) (S) (29) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO SINGLE ROOM OCCUPANCY (SRO) FACILITIES. Final (29) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed opposition to the restrictions that would limit the cooking facilities for potential tenants. Al Boughey, Director of Planning and Building Services, answered questions regarding the cooking facilities that would be provided in common areas, and in the individual living quarters. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted, as amended by interdelineation at the May 24, 1993 Council meeting. Ordinance No. MC-878 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Miller. Absent: None. * Fifth Ward Office Vacant 23 6/7/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 THE DEVELOPMENT CODE) TO ADD CHAPTER 19.11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. Final (31) The Council expressed concern that the height of the buildings proposed to be built in the TriCity Corporate Centre may be in conflict with the flight zone that would be utilized by aircraft arriving and departing the airport at Norton Air Force Base. The Council felt that the matter should be continued to a later date so that further review of the proposed plans could be conducted, and concerns regarding the potential for conflict be resolved. City Attorney Penman explained the adoption Development Agreement on May 24, 1993 gave the developer vested rights in this project; and therefore, it advisable at this time to revise or reject the ordinance. of the certain was not proposed Discussion ensued regarding the potential negative impact that the TriCity project could have on the downtown area if businesses were to relocate from the downtown area to the high rise buildings proposed to be built at Tricity Corporate Centre. Gary Kirby, 1505 Yardley, San Bernardino, CA, requested clarification on the status of this project. John Shaw, Senior Vice President, Rancon, 650 East Hospitality Lane, San Bernardino, CA, stated that any downtown businesses that relocated to TriCity would still be within the city. He stated that Rancon would work with the City to resolve any concern that may arise, and recommended that a workshop be held to review the project in detail, and address the Council's concerns. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be continued to June 21, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Miller withdrew her second. The Council expressed support for a workshop to review the project in detail so that concerns regarding the project could be resolved. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be continued to June 21, 1993, in the Council Chambers of City Hall, 24 6/7 /93 300 North "D" street, San Bernardino, California. RES. 93-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BECKER SECURITY SERVICE FOR PROVISION OF SECURITY SERVICE IN ARDEN-GUTHRIE AREA. (Continued from May 24, 1993) (36) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-185 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.76.575 TO THE SAN BERNARDINO MUNICIPAL CODE CLARIFYING THAT THE CITY IS EXEMPT FROM THE PROVISIONS OF THE TAXICAB, AMBULANCE AND CHARTERED VEHICLE ORDINANCE. First (37) ci ty Attorney Penman explained that this ordinance would exempt the City from the specified procedures. Council Member Miller made a motion, seconded by Council Member Oberhelman, that said ordinance be laid over for final adoption. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, None. Abstain: Council Member Pope-Ludlam. Office Vacant Ayes: Council Miller. Nays: * Fifth Ward RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS JUNE 17, 1993 AND JULY 8, 1993. (All Mail-In Ballot Election) (Discussed earlier in the meeting) (See page 9) (38) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be tabled, and that section Six, relating to an all mail-in ballot election be deleted from said resolution. (Note: There was no vote taken at this time.) Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution calling for an all mail-in ballot election, be tabled. The motion carried by the following vote: Ayes: Council 25 6/7 /93 Members Negrete, Curlin, Hernandez, Oberhelman, Nays: Council Member Miller. Absent: None. Office Vacant Pope-Ludlam. * Fifth Ward COUNCIL COMMITTEE APPOINTMENTS (S-l) In a memorandum dated June 2, 1993, Council Members Pope- Ludlam and Miller, requested that the following Council Committee appointments be approved: Housing Committee Chair Members Council Member Hernandez Council Member Oberhelman Council Member Pope-Ludlam Legislative Review Chair Members Committee Council Member Council Member Council Member Pope-Ludlam Negrete Oberhelman Personnel Committee Chair Members Council Council Council Member Member Member Hernandez Negrete Curlin Redevelopment Chair Members Committee Council Council Council Member Member Member Pope-Ludlam Negrete Hernandez Ways & Means Chair Members Committee Council Member Miller Council Member Curlin Council Member Oberhelman * * until Fifth Ward Election Discussion ensued regarding the proposed standing Committee assignments for the Housing, Legislative personnel, Redevelopment, and Ways and Means Committees. Council Review, Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council approve the standing Council Committee appointments (Housing, Legislative Review, Personnel, Redevelopment, and Ways and Means Committees), with the exception of substituting Council Member Negrete for Council Member Miller on the Redevelopment Committee. (Note: The vote was taken after the discussion.) Discussion ensued regarding the potential for eliminating any of the five standing Council committees, or whether any of the standing committees could be consolidated in an effort to be more efficient. 26 6/7 /93 Mayor Minor recommended that the Housing Committee be eliminated, and that the matters heard before the Housing Committee be heard by the Redevelopment Committee in an effort to eliminate any duplication of work. The Council stated its opposition to eliminating the Housing Committee. It was the consensus of the Council that the Housing Committee remain in its present form. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern that the Fifth Ward be adequately represented on these standing council committees. In an effort to clarify the motion, city Clerk Rachel Clark read the name of each committee, and the names of the respective Committee chair and members. Council Member Miller made a motion, seconded by council Member Pope-Ludlam, and unanimously carried, that the Mayor and Council approve the standing Council Committee appointments (Housing, Legislative Review, Personnel, Redevelopment, and Ways and Means Committees), with the exception of substituting Council Member Negrete for Council Member Miller on the Redevelopment Committee. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the Mayor and Council refer the Ad Hoc Council Committee appointments to a Committee comprised of Council Members Hernandez, Pope-Ludlam, and Miller for review, and possible deletion. (Note: There was no vote taken at this time. ) Council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Council refer the Ad Hoc Council Committee appointments to a Committee comprised of Council Members Curlin, Pope-Ludlam, and Miller for review, and possible deletion; and that the Mayor and Council appoint Council Member Oberhelman as parlimentarian. JUNE 21, 1993 MEETING - MAYOR PRO TEM DESIGNATED Mayor Minor designated Council Member Miller as Mayor Pro Tem to preside over the June 21, 1993 Mayor and council meeting. 27 6/7 /93 ADJOURNMENT At 5:20 p.m., the meeting was adjourned Monday, June 21, 1993 in the Council Chambers of North "D" street, San Bernardino, California. (39) to 8:30 a.m., City Hall, 300 RACHEL CLARK City Clerk " By ~d~~--<:~' .U~ Melanie Vale Deputy City Clerk No. of Items: 55 No. of Hours: 7 28 6/7 /93