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HomeMy WebLinkAbout06-21-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 21, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tem Negrete at 8:32 a.m., Monday, June 21, 1993, 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Mayor Minor; Council Member Pope-Ludlam. *Fifth Ward Office Vacant City Attorney Penman announced that the following additional cases would be discussed in closed session: Maldonado vs. citv of San Bernardino Superior Court Case No. 254529; San Bernardino CountvlICEMA vs. city of San Bernardino - Riverside superior Court Case No. 224288; Tellez vs. LynchlCity of San Bernardino - San Bernardino Superior Court Case No. 272826; Julie M. Thompson vs. City of San Bernardino. et al - united States District Court Case No. SACV 92-888 GLT (RWRx); city of San Bernardino vs. The Simchowitz Corporation. etc.. et al - San Bernardino Superior Court Case No. 255534. RECESS MEETING - CLOSED SESSION At 8:32 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1 6/21/93 r 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; Sparks vs. city of San Bernardino - San Bernardino Superior Court Case No. 271920; -- 2 6/21/93 People vs. S & S Meat Products. Inc.. etc.. et al - San Bernardino Superior Court Case No. 274510; citizens for Bernardino 02292. Preservation of Badqer Canvon vs. city of San San Bernardino Superior Court Case No. SCV CLOSED SESSION At 8:32 a.m., Mayor Pro Tem Negrete 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Mayor Minor; Council Member Pope-Ludlam. *Fifth Ward Office Vacant Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Simmons, Margaret Scroggin, Administrative operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:38 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 9:16 a.m., Deputy City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 9:16 a.m., Deputy City Attorney Empeno arrived at the closed session. ADJOURN CLOSED SESSION At 9:28 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 9:34 a.m., Mayor Pro Tem Negrete reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 6/21/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Mayor Minor. *Fifth Ward Office Vacant INVOCATION The invocation was given by Reverend Ray Rosales, Our Lady of Guadalupe Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin stated that he had attended the ground breaking ceremony for the extension of Interstate 330/30; and was disappointed that the City had not been recognized. PUBLIC COMMENTS - CITY ATTORNEY PENMAN (3) City Attorney Penman announced that the Municipal Code requires election signs to be removed thirty (30) days after the date of election, and requested that candidates have their signs removed. Council Members Negrete, Curlin and Oberhelman stated that each would be happy to donate money towards the removal of any remaining signs for each respective campaign. PUBLIC COMMENTS - ROBERT NEVES (3A) Robert Neves, 3771 Aspen Drive, San Bernardino, CA, owner of Barrier Free Environmental Consulting, stated that there is limited space and lack of visibility from the back of the Council Chambers, and requested Council meetings be made accessible to the handicapped. Mr. Neves recommended that an American sign language interpreter be used during Council meetings, and stated that the city needs to be more sensitive to the needs of the handicapped. He requested the city retain advice from the commission of Disabled Americans and offered his professional assistance. APPOINTMENT - FIRE COMMISSION - GENARO "JERRY" ESPARZA (4) In a memorandum dated June 14, 1993, Mayor Minor recommended the appointment of Mr. Genaro "Jerry" Esparza, 1054 W. 7th Street, San Bernardino, CA, to the Fire Commission, as requested by Council Member Negrete. 4 6/21/93 ~. council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Mr. Genaro "Jerry" Esparza to the Fire Commission, as requested by council Member Negrete, be approved. APPOINTMENTS - BOARD OF BUILDING COMMISSIONERS - AMADO SAVALA - BUREAU OF FRANCHISE - DORIS TURNER (4A) In memoranda dated June 14, 1993 and June 16, 1993 respectively, Mayor Minor recommended the appointment of Mr. Amado Savala, 1126 W. Congress Street, San Bernardino, CA, to the Board of Building Commissioners and the appointment of Mrs. Doris Turner, 2754 Annapolis Circle, San Bernardino, CA, to the Bureau of Franchise, as requested by Council Member Hernandez. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appointments of Mr. Amado Savala to the Board of Building commissioners and Mrs. Doris Turner to the Bureau of Franchise, be approved. APPOINTMENTS - PARKS & RECREATION COMMISSION - SENIOR AFFAIRS COMMISSION COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE - COUNCIL MEMBER CURLIN - CONTINUED FROM JUNE 7, 1993 (4B) This is the time and place the following appointments, as J. Curlin, M.D.: continued to consider approval of recommended by Council Member F. Parks & Recreation Commission - Thomas L. Sensintaffar senior Affairs commission - william Autrey community Development citizen Advisory Committee- Susan Lien council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the appointments of Mr. Thomas L. Sensintaffar to the Parks & Recreation commission, Mr. William Autrey to the Senior Affairs Commission and Ms. Susan Lien to the Community Development citizen Advisory Committee, as requested by Council Member Curlin, be approved. CERTIFICATES OF COMMENDATION - COMMISSION MEMBERS (4C) certificates of Commendation were distributed by each respective council Member to their appointed commission members. 5 6/21/93 SERVICE PIN AWARD CEREMONY (4D) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Pro Tem Negrete in gratitude of his/her many years of dedicated service to the city. APPOINTMENTS SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (SBIAA) - MAYOR MINOR, COUNCIL MEMBER MILLER & ALTERNATE MEMBER COUNCIL MEMBER CURLIN - DISCUSSED LATER IN THE MEETING (SEE PAGE 37) (4E) In an undated memorandum, Mayor Minor requested that the following appointments to the San Bernardino International Airport Authority be approved: Mayor Minor and council Member Miller as members and council Member Curlin as an alternate member. APPOINTMENTS - INLAND VALLEY DEVELOPMENT AGENCY (IVDA) - MAYOR MINOR, COUNCIL MEMBERS POPE-LUDLAM, NEGRETE & ALTERNATE MEMBER COUNCIL MEMBER HERNANDEZ - DISCUSSED LATER IN THE MEETING (SEE PAGE 37) (4F) In a memorandum dated June 14, 1993, Mayor Minor requested that the following appointments to the Inland Valley Development Agency be approved: Mayor Minor, Council Members Pope-Ludlam and Negrete as members and, as an alternate member, Council Member Hernandez. It was the consensus of the Council that the appointments recommended by Mayor Minor to the San Bernardino International Airport Authority and Inland Valley Development Agency be continued to later in the meeting. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) council Member Miller made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, 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: May 13, 1993. 6 6/21/93 JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (11) council Member Miller made a motion, seconded by council Member Pope-Ludlam, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to July 19, 1993. RES. 93-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SEPTEMBER 14, 1993. (13) RES. 93-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC., FOR PAVEMENT REHABILITATION OF WATERMAN AVENUE, FROM BARTON ROAD TO REDLANDS BOULEVARD. (15) RES. 93-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SPEEDFLO, INC., RELATING TO PROVISION OF VIDEO INSPECTION SERVICES FOR THE STORM DRAIN SYSTEM. (16) RES. 93-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF RIALTO RELATING TO CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT EUCALYPTUS AVENUE AND MERRILL AVENUE (MILL STREET). (17) RES. 93-190 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR-5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE TRAFFIC SYSTEMS MANAGEMENT/FLEXIBLE CONGESTION RELIEF PROGRAMS, PURSUANT TO SECTION 164, ET. SEQ., OF THE STREETS AND HIGHWAYS CODE. (18) RES. 93-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (21) RES. 93-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (22) 7 6/21/93 RES. 93-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (23) RES. 93-194 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 963, FOR THE MAINTENANCE OF A STATION IN PORTIONS OF ALLEN STREET, NORTH AVENUE, IN THE CITY OF SAN BERNARDINO. BERNARDINO ASSESSMENT SEWER LIFT OF CENTRAL (24) RES. 93-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (25) RES. 93-196 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 969, LANDSCAPING MAINTENANCE, AND OLIVE AVENUE AREA. BERNARDINO ASSESSMENT IRVINGTON (26) RES. 93-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (27) RES. 93-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (28) RES. 93-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (29) RES. 93-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (30) RES. 93-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (31) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. 8 6/21/93 Resolution Nos. 93-186, 93-187, 93-188, 93-189, 93-190, 93- 191, 93-192, 93-193, 93-194, 93-195, 93-196, 93-197, 93-198, 93- 199, 93-200 and 93-201 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-879 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. Final (32) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance No. MC-879 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant ESTABLISH CLASSIFICATION PUBLIC SERVICES DEPARTMENT, 2393, $3,149 - $3,827/MONTH RECYCLING COORDINATOR- REFUSE DIVISION RANGE (7) In a memorandum dated June 10, 1993, Barbara Dillon, Personnel Director, stated that in order to comply with the California Integrated Waste Management Act (AB 939), Manuel P. Moreno, Jr., Director of Public Services, requested the classification of Recycling Coordinator be established at Range 2393, $3,149 - $3,827 per month. The new classification would be funded from the Enterprise Fund - Refuse and would have no impact on the General Fund. Jeff Wright, P. O. Box concern regarding forestry, paper goods. 2341, San Bernardino, and recommended the CA, expressed recycling of Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the classification of Recycling Coordinator be established with the salary set at Range 2393, $3,149 - $3,827 per month; and that the Personnel Department be directed to update Resolution No. 6413, section Eleven, and Resolution No. 6433, to reflect this particular action. 9 6/21/93 INSTALL TRAFFIC SIGNALS - ARROWHEAD AVENUE & 7TH STREET - APPROVAL OF PLANS - ADVERTISE FOR BIDS (8) In a memorandum dated June 7, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that plans for the installation of traffic signals at Arrowhead Avenue and 7th Street have been completed and the project is ready to be advertised for bids. The total estimated project cost is $90,000. Roger Hardgrave, Director answered questions regarding the at Arrowhead Avenue & 7th Street. of Public Works/City Engineer, installation of traffic signals Discussion ensued regarding the installation of the traffic signals and the impact to traffic on 7th Street. Gary Kirby, 1505 Yardley, concern relative to the project, study be conducted. San Bernardino, CA, expressed and recommended that a traffic Concern was expressed relative to the fiscal impact of said project. City Administrator Shauna Clark explained that the monies to be utilized are not from the General Fund and personnel would not be affected. Discussion ensued relative to the process to be followed for installation of traffic signals. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the cost of the project, and recommended that a traffic signal be installed at Lena Road and Mill Street. Council Member Miller made a motion, seconded by Council Member Curlin, that the plans for installation of traffic signals at Arrowhead Avenue and 7th Street, in accordance with Plan No. 8942, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Pope-Ludlam, Miller. Nays: Member curlin. Abstain: Council Member Hernandez. None. *Fifth Ward Office Vacant Council Council Absent: EXTENSION OF ORANGE SHOW ROAD - ARROWHEAD AVENUE & TIPPECANOE AVENUE - NEGATIVE DECLARATION - FINDING OF CONSISTENCY - CIRCULATION ELEMENT - GENERAL PLAN (9) 10 6/21/93 In a memorandum dated June 9, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that on May 27, 1993, the Environmental Review Committee recommended the negative declaration for Public Works Project No. 93-03 be adopted. A 21- day public review period was conducted from May 6, 1993 to May 26, 1993, and no public comments were received. staff recommends the adoption of the negative declaration and that a finding be made that the project is consistent with the circulation element of the General Plan. otis Clopton, 243 Dumas street, San Bernardino, CA, member of the Orange Show Road Coalition, stated that the Coalition is not opposed to the construction of Orange Show Road; however, it is concerned about the negative impact. Mr. Clapton requested a continuation of said item to allow Council Members time to meet with the Coalition, and requested a copy of the engineer's report. Denise Brue, Esquire, representing her mother and father who reside at 1063 S. Lincoln Avenue, San Bernardino, CA, stated that it is not the Coalition's position to stop the extension of orange Show Road but to only have their concerns addressed. Ms. Brue stated that their concerns have not been addressed, and expressed concern as to how the negative declaration was derived. Discussion ensued relative to the adoption of the declaration for the extension of Orange Show Road Arrowhead Avenue and Tippecanoe Avenue. negative between Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the negative declaration for Public Works Project No. 93-03, extension of orange Show Road between Arrowhead Avenue and Tippecanoe Avenue, be continued to July 19, 1993; and that staff be directed to meet with the members of the orange Show Road Coalition and return with a recommendation on July 19, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. PERSONNEL ACTIONS (10) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 10, 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. (Council Member Hernandez abstained from Items 67, 68, 69 and 70.) COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:42 a.m., Council Member Pope-Ludlam left the Council meeting. 11 6/21/93 RES. 93-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA TO IMPLEMENT A COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT. (12) Discussion ensued relative to the subsidy of funds. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the adoption of said resolution. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-202 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: None. Absent: Council Member Pope-Ludlam. *Fifth Ward Office Vacant .- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (Discussed later in the meeting) (See Page 23) (14) Concern was expressed relative to the availability of other local agencies to provide services. City Administrator Shauna Clark recommended that the continued to the afternoon to allow the Director of Recreation and Community Services to be present to questions. item be Parks, answer Council Member Miller made a motion, seconded by Council Member Curlin, and unanimously carried, that said resolution be continued to later in the meeting to allow the Director of Parks, Recreation and community services to be present to answer questions. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:44 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 93-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MR. AHSAN HABIB RELATING TO REIMBURSEMENT OF COSTS FOR EXTENSION OF SEWER MAIN IN MEYERS ROAD, EAST OF LITTLE LEAGUE DRIVE. (19) 12 6/21/93 - Discussion ensued regarding the adoption of said resolution, and the City's policy which allows for reimbursement of funds. council Member Hernandez made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 93-203 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. 93-204 A RESOLUTION OF THE CITY OF SAN BERNARDINO ABANDONING PROCEEDINGS UNDER CHAPTER 12.90 OF THE MUNICIPAL CODE IN PORTIONS OF WATERMAN AVENUE BETWEEN INTERSTATE HIGHWAY 10 AND BASELINE STREET FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE CITY OF SAN BERNARDINO, CALIFORNIA. (20) Roger Hardgrave, Director of Public Works/City Engineer, answered questions relative to the costs associated with said project. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-204 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 10:47 a.m., Mayor Pro Tem Negrete declared a five-minute recess. RECONVENE MEETING At 10:58 a.m., the regular meeting of the Mayor and Common Council reconvened 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 Pro Tem Negrete, Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Mayor Minor; Council Member Curlin. *Fifth Ward Office Vacant 13 6/21/93 RES. 93-205 - 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). (Continued from June 7, 1993) (36) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-205 was Ayes: Council Members Negrete, Nays: Council Member Hernandez. *Fifth Ward Office Vacant adopted by the following vote: Oberhelman, Pope-Ludlam, Miller. Absent: Council Member Curlin. COUNCIL MEMBER CURLIN RETURNED At 11:00 a.m., council Member Curlin returned to the council meeting and took his place at the council table. WAIVE FEES - $2,944.43 - ARROWHEAD ELKS LODGE NO. 896- ARROWHEAD ELKS PARADE - JUNE 26, 1993 (41) In a memorandum dated June 11, 1993, Shauna Clark, City Administrator, stated that the Arrowhead Elks Lodge #896 is conducting their annual Elks Parade on June 26, 1993, and requested a waiver of fees in the amount of $2,944.43 for City costs connected with the event. Discussion ensued relative to the delay of the request, and whether or not the item had been referred to the Ways & Means Committee. Alonzo Thompson, Exal ted Ruler, Arrowhead Elks Lodge No. 896, 1073 North Mt. Vernon Avenue, San Bernardino, CA, answered questions relative to the waiver of fees. council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the request for a waiver of fees in the amount of $2,944.43, to assist in the conduct of the 1993 annual Elks Parade on June 26, 1993, be approved. (Note: There was no vote taken at this time. Discussion ensued regarding the amount of participation this event would draw to the City. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern relative to the wa~ver of fees due to the fiscal restraints the City is currently facing, and recommended approval of funds from an account other than the General Fund, such as, the Visitors and Convention Bureau. .- 14 6/21/93 Jeff Wright, P. O. Box 2341, San Bernardino, concern relative to utilizing General Fund monies Annual Parade, and recommended that community conducted to subsidize the event. CA, expressed for the Elks services be Discussion ensued relative to the waiver of fees in connection with the Elks Lodge Annual Parade. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Nays: None. Abstain: Council Member Curlin. Absent: *Fifth Ward Office Vacant Council Miller. None. APPEAL POLICE COMMISSION DENIAL OF OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. 5TH STREET - JACK & LINDA LIAO - CONTINUED FROM JUNE 7, 1993 - DISCUSSED LATER IN THE MEETING (SEE PAGE 18) (33) This is the time and place continued to for an appeal of the Police commission's denial of an operator's permit for the operation of the Desert Inn Motel located at 607 W. 5th street, San Bernardino, CA, owned by Jack and Linda Liao. Mayor Pro Tem Negrete opened the hearing . . Deputy City Attorney Rhemrev provided an introduction of the proceedings to be held, and stipulated that the minutes of the Police commission meeting, police background investigation, operator's permit application, police report, memo by Lieutenant Jarvis, letter from city of Orange, prior conviction docket, computer printouts, miscellaneous information and the 1987 application previously submitted would be evidence presented for consideration. Deputy city Attorney Rhemrev explained the previous taken relative to the denial of an operator's permit for the operation of the Desert Inn Motel located at 607 W. 5th Street, San Bernardino, California. Robin Harps, Vice/Narcotics Division of the San Bernardino Police Department, provided a synopsis of previous action taken relative to the Desert Inn Motel and answered questions regarding the operator's permit application. sing Chan, Esquire, 752 south Atlantic Boulevard, Monterey Park, CA, representing Jack and Linda Liao, answered questions regarding Mr. Liao. He explained an incident at the Seven Crowns Hotel located in the city of Orange involving a relative of Mr. Liao's from Taiwan. Mr. Chan stated that Mr. Liao's conviction was over 10 years ago, and if the permit was denied, the City would be denying Mr. Liao the means to provide for himself and his family. 15 6/21/93 Mr. Chan stated that since 1989, when Mr. Liao regained control of the motel, no police incidents have occurred at the Desert Inn Motel. He explained that if the permit was denied, Mr. Liao would have to hire an individual to work as the operator of the motel. Mr. Chan noted the improvements made to the motel since Mr. Liao has owned the Desert Inn Motel. Mr. Chan answered questions relative to the authority by which Mr. Liao is currently operating the Desert Inn Motel. Mr. Chan explained the events leading to the conviction of operating a motel used for prostitution, and explained the events at the Seven crowns Motel located in the City of orange. He stated that the worker involved in the incident at the Seven Crowns Motel was not an "official worker" and was not representing the client as a worker. Discussion ensued owners in connection businesses. relative to the requirements of business with the operation of their respective Discussion ensued relative to the purpose of Police personnel appearing at the Seven Crowns Motel located in the City of Orange, and how such evidence was used in the denial of the operator's permit for operation of the Desert Inn Motel located at 607 W. 5th Street. Deputy City Attorney Rhemrev answered questions on the relevance of the evidence presented in connection with the Seven Crowns Motel and how the evidence applies toward the denial of the operator's permit for operation of the Desert Inn Motel. Discussion ensued relative to whether or not the Desert Inn Motel allowed for the use of welfare vouchers, and the duration of ownership by Mr. Liao. Deputy City Attorney Rhemrev provided a synopsis of the factors considered for denial of an operator's permit for the operation of the Desert Inn Motel. A discussion was held as to whether Mr. Liao could hire an operator for the Desert Inn Motel. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing be closed. (Note: There was no vote taken at this time.) Discussion ensued relative to the circumstances preceding the denial of the operator's permit for the operation of the Desert Inn Motel. 16 6/21/93 Jack Liao, owner of the Desert Inn Motel, 607 W. 5th street, San Bernardino, CA, answered questions pertaining to the hiring of an operator to maintain the Desert Inn Motel. Mr. Chan presented his closing statements. A discussion was held relative to the purpose of Police personnel appearing before the Seven Crowns Motel located in the city of Orange, and the ability for Mr. Liao to provide for himself and his family. Deputy City Attorney Rhemrev presented his closing statements. Discussion ensued relative to the appeal process, and the calls made for police assistance in connection with the operation of the Seven Crowns Motel located in the City of Orange. Deputy City Attorney Rhemrev provided a guidelines contained in the San Bernardino pertaining to the operation of a motel. synopsis of the Municipal Code Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. City Attorney Penman read from Municipal Code sections 5.82.010, 5.82.020 and Chapter 5.92 relative to the issuance of an operator's permit for the safe operation of a business. Council Member Pope-Ludlam made a motion to uphold the appeal and allow for an operator's permit to be issued to Jack and Linda Liao for the operation of the Desert Inn Motel located at 607 W. 5th Street, San Bernardino, California. The motion failed for lack of a second. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council uphold the decision of the Chief of Police and Police commission to deny an operator's permit for Jack and Linda Liao to operate the Desert Inn Motel. (Note: There was no vote taken at this time.) Council Member Hernandez made a substitute motion to uphold the appeal and allow for the existence of conditional approval of the application with a 90-day review period. city Attorney Penman explained that the Municipal Code does not allow for a review period. The substitute motion failed for lack of a second. 17 6/21/93 The motion to uphold the appeal carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Miller. Nays: Council Members Curlin, Hernandez, Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant (For further clarification, see City Attorney Penman's explanation noted below.) RECESS MEETING At 12:44 p.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECONVENE MEETING At 2:08 p.m., Mayor Pro Tem Negrete 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Mayor Minor. *Fifth Ward Office Vacant APPEAL POLICE COMMISSION DENIAL OF OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. 5TH STREET - JACK & LINDA LIAO - CONTINUED FROM JUNE 7, 1993 - DISCUSSED EARLIER IN THE MEETING (SEE PAGE 15) (33) City Attorney Penman explained that as a result of the tie vote relative to the denial of an operator's permit for operation of the Desert Inn, the last decision stands as if the decision had not been overturned. PUBLIC HEARING FEE INCREASE RANGE - $50 TO $100 PERRIS HILL PISTOL (34) This is the time and place set to consider a fee increase of $50 to $100 pertaining to range fees at perris Hill Range. Mayor Pro Tem Negrete opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the increase of fees. ci ty Administrator Shauna Clark explained that the single use range fees of $8 would remain the same. RES. 93-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES FOR USE OF THE PERRIS HILL PISTOL RANGE, SAN BERNARDINO, CALIFORNIA; AND REPEALING RESOLUTION NO. 87-288. (34) 18 6/21/93 Council Member Miller made a motion, Member Oberhelman, and unanimously carried, closed. seconded by council that the hearing be Concern was expressed relative to allowances for senior citizens, 60 years and older. council Member Miller made a motion, seconded by council Member Oberhelman, that said resolution be adopted. Resolution No. 93-206 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Abstain: Council Member Curlin. Absent: None. *Fifth Ward Office Vacant PUBLIC HEARING - ANNEXATION NO. 354 STREET - WEST OF PEDLEY ROAD - LAFCO LATER IN THE MEETING - SEE PAGE 32 - SOUTH OF 6TH 2743 - DISCUSSED (35) This is the time and place set for a public hearing to consider annexation of the territory generally located south of 6th Street, west of Pedley Road, Annexation No. 354 (LAFCO 2743). In a memorandum dated June 1, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that on November 18, 1991, as a result of a property owner's request, authorization was given to proceed with the proposed annexation. On February 1, 1993, Resolution No. 93-24 was adopted, making formal application to the Local Agency Formation Committee (LAFCO) . On April 5, 1993, Resolution No. 93-108 was adopted, determining property tax revenues to be exchanged between the City and County of San Bernardino. The Local Agency Formation Committee approved the annexation on April 21, 1993. Two of three property owners within the proposed given written consent to the annexation and the property owner has not filed a protest. All property notified by mail of the hearing. area have remaining owners were Mayor Pro Tem Negrete opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, questioned the value of annexing one single owner property. 19 6/21/93 .~-. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. (Discussed later in the meeting) (See Page 32) (35) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the pUblic hearing to receive, consider and rule upon written protests in the matter of Annexation No. 354, for the territory generally located south of 6th Street, west of Pedley Road, designated LAFCO 2743, is hereby closed. Council Member Miller made a motion, seconded by Member Oberhelman, that said resolution be adopted. There was no vote taken at this time.) Council (Note: Concern was expressed relative to obtained from the newly-annexed area when of the City which need to be improved. the benefits to be there are older parts Council Member Miller made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that said resolution be continued to later in the meeting to allow Roger Hardgrave, Director of Public Works/city Engineer, to be present to answer questions. 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. (Continued from June 7, 1993) (37) city Administrator Shauna Clark stated that concern was expressed relative to the few bids received, and requested that the item be tabled to allow for the project to be rebid. Council Member Miller made a motion, Member Hernandez, and unanimously carried, be tabled. seconded by Council that said resolution 20 6/21/93 ORD. MC-880 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.070, 15.04.075, 15.04.080, 15.04.085, 15.04.100, 15.04.120, 15.04.130, 15.04.133, 15.04.140, 15.04.150, 15.04.160, 15.04.165, 15.04.167, 15.04.175, 15.04.177, 15.04.179, 15.04.220, 15.20.040, 15.20.080, 15.20.120, 15.28.010, 15.28.020, 15.28.170, REPEALING CHAPTERS 15.38, 15.40, 15.44,15.60, AND SECTIONS 15.04.040,15.04.095, 15.04.140, 15.04.150, 15.04.160, 15.04.170, 15.04.190, 15.28.030, 15.28.040, 15.28.050, 15.28.060, 15.28.070, 15.28.080, 15.28.090, 15.28.100, 15.28.110, 15.28.120, AND ADDING SECTIONS 15.04.076, 15.04.077, 15.04.081, 15.040.083, 15.04.112, 15.04.114, 15.04.125, 15.04.163, 15.04.221, 15.04.222, 15.04.223 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING SECURITY CODE, 1991 EDITION, THE UNIFORM MECHANICAL CODE, 1991 EDITION, THE UNIFORM PLUMBING CODE, 1991 EDITION, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AND AMENDMENTS THEREON. (Continued from May 24, 1993) Final (38) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said ordinance be adopted. Ordinance No. MC-880 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant CITY ATTORNEY PENMAN EXCUSED At 2:26 p.m., City Attorney Penman left the Council meeting. 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. (Continued from June 7, 1993) (Discussed later in the meeting) (See Pages 31 and 41) Final (39) 21 6/21/93 In a memorandum dated June 15, 1993, Mark Ostoich, Gresham, Varner, savage, Nolan & Tilden, 600 North Arrowhead Avenue, suite 300, San Bernardino, CA, representing the applicant, requested a continuance of the second reading of said ordinance to the meeting of July 6, 1993. It was the consensus of the Council that the adoption of said ordinance be continued to later in the meeting so that city Attorney Penman could be present. CITY ATTORNEY PENMAN RETURNED At 2:28 p.m., City Attorney Penman returned to the Council meeting. DEVELOPMENT CODE AMENDMENT MEMBER POPE-LUDLAM BILLBOARDS COUNCIL (40) In a memorandum dated June 10, 1993, Council Member Pope- Ludlam stated that when the Development Code was adopted, new billboards (off-premise signs) were prohibited throughout the City. Advertising on billboards assists in generating revenue for businesses and indirectly benefits the City through collection of a business registration fee based on the square footage of the billboard. Staff estimates that it would cost approximately $3,000 for completion of an amendment to include preparation of text, environmental review, staff report and ordinance. The amount does not include review by other divisions or departments. She recommended that staff be directed to prepare an amendment to the Development Code to consider permitting billboards within the city. In a memorandum dated June 10, 1993, Al Boughey, Director of Planning & Building Services, recommended that the Council not approve the proposed amendment to the Development Code to allow billboards within the City. Billboards or off-premise signs advertise a business, service, goods or events at locations other than where the sign is located. While billboards do generate revenue, the City would realize very little direct or indirect benefits. Direct revenue would consist of the fees collected by the city. The City collects a business registration fee of $.40 per square foot, per billboard per year, with a total of approximately $7,000 to $8,000 collected for all billboards per year. Indirect revenue to the city would be very difficult to measure because the billboard could advertise a business, service, goods or events not located in the City. Of primary concern is the visual blight from billboards. Billboards are generally located adjacent to freeways or major arterials. The view from the freeway and certain arterials is one of the assets which the City enjoys. Frequently, owners of billboards request that vegetation be removed because it blocks the view of the 22 6/21/93 billboard. This vegetation not only helps to screen unsightly views, but enhances the long range view of the mountains. council Member Pope-Ludlam made a motion, seconded by council Member Hernandez, and unanimously carried, that the matter to initiate an amendment to the Development Code to allow for billboards within the city, be referred to the Legislative Review Committee for further study and review. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (Discussed earlier in the meeting) (See Page 12) (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution be continued to July 19, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California; and that authorization be given to allow funding for an additional month at the current level. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:31 p.m., Vice-Chairman Negrete 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. GRAFFITI ABATEMENT PROGRAM (R-6 ) In a memorandum dated June 15, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on January 6, 1993, a ninety (90) day agreement with Consultant Patricia Leathers was approved to coordinate a city-wide cleanup event for the first quarter of 1993. The effort was a success, and the contract with Ms. Leathers was extended to the end of June 1993. Subsequently, the contract was extended from July 1, 1993 to June 30, 1994 utilizing Agency tax increment funds with the understanding that the City Administrator's Office would apply for Community Development Block Grant (CDBG) funds. On April 29, 1993, the community Development citizen Advisory Committee (CDCAC) reviewed the City Administrator's application for $38,400 in CDBG funding to extend Ms. Leather's contract for graffiti abatement efforts and recommended the Council approve it accordingly. .- 23 6/21/93 Concern was expressed relative to the expenditure of funds and whether staff was available in-house to perform the duties currently being administered by Pat Leathers. J. Lorraine Velarde, Executive Assistant stated that a comprehensive report could be outlines pending projects and successes realized Ms. Leather's efforts. to the Mayor, produced which as a result of Discussion ensued relative to the use of the Los padrinos group for the abatement of the graffiti, and the duties of the project coordinator. Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that public offenders be utilized for graffiti abatement. Council Member Oberhelman made a motion that the appropriation of $38,400 in fiscal year 1993/94 Community Development Block Grant funds, which replaces tax increment funds, to finance graffiti abatement activities for the period beginning July 1, 1993 and ending June 30, 1994, be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California, to allow for additional information to be compiled. The motion failed for lack of a second. Discussion ensued relative to what portion of the CDBG funds would be allocated to this project. It was determined that CDBG administration funds would be utilized for this project. Council Member Miller made a motion, seconded by Council Member pope-Ludlam, that the Mayor and Common Council appropriate $38,400 in fiscal year 1993/94 Community Development Block Grant funds to finance graffiti abatement activities for the period beginning July 1, 1993 and ending June 30, 1994 to replace tax increment funds. Discussion ensued relative to referring the contract with Pat Leathers for the abatement of graffiti to the Ways & Means Committee. The motion carried by the following vote: Members Negrete, Curlin, pope-Ludlam, Miller. Members Hernandez, Oberhelman. Absent: None. Office Vacant. Ayes: Council Nays: Council *Fifth Ward 24 6/21/93 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, AND REPEALING RESOLUTION NO. 93-109. (Discussed later in the meeting) (See Page 29) (R-8) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: There was no vote taken at this time.) Jim Robbins, 3905 Valencia, San Bernardino, CA, owner of Lier's Music Store located at 450 North "E" Street, San Bernardino, CA, expressed concern relative to the availability of downtown parking, and stated that the volume of his business had reduced because of the lack of available downtown parking. Council Member Miller made a motion that staff be directed to investigate the parking situation further and not allow for an excess of unrestricted parking. The motion failed for lack of a second. Council Member Miller made a motion that said resolution be continued to July 6, 1993, in the council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Discussion ensued relative to the possible relocation of the Department of Public Social Services accounting agency and the effect to the parking agreement. A discussion was held relative to a possible resolution to the parking problems associated with Lier's Music Store. Bill Corrigan, representing Allan Smith, explained that with the adoption of said resolution, an additional 130 parking spaces would be available that is not currently available. Council Member Pope-Ludlam seconded Council Member Miller's motion that said resolution be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken at this time. ) Council Member Pope-Ludlam withdrew her second to the motion that said resolution be continued to July 6, 1993. 25 6/21/93 council Member Pope-Ludlam made a motion, seconded by council Member Curlin, that said resolution be adopted; and that a solution be made to resolve the problems being experienced by Lier's Music store. (Note: There was no vote taken at this time. ) Discussion ensued relative to the adoption of said resolution. Council Member Pope-Ludlam made a seconded by Council Member Curlin, that adopted. (Note: There was no vote taken at substitute motion, said resolution be this time.) Bill Corrigan explained that the County Board of Supervisors would be meeting on July 13, 1993, and that the resolution would have to be delivered by June 30, 1993. Discussion ensued relative to the duration for completion of the additional 130 parking spaces. City Attorney Penman recommended that the adoption of said resolution be continued to July 6, 1993, and that a committee comprised of Council Members Hernandez and Miller serve as negotiators to find a solution to the problems currently being experienced by Mr. Robbins at Lier's Music store. Discussion ensued relative to the adoption of said resolution. Mayor Pro Tem Negrete announced that Ms. Blum called and offered her lot for utilization. Tim steinhaus, Agency Administrator, Economic Development Agency, stated that Ms. Blum's lot had been considered; however, it would not address the problem. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern relative to the effect said resolution would have on the downtown business owners. Council Member Oberhelman announced that he had spoken to the Associate Director of the Department of Public Social Services, and he had indicated that there would be no problem if the resolution was continued to July 6, 1993. council Member Oberhelman made a motion that said resolution be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. Discussion ensued relative to the adoption of said resolution. 26 6/21/93 Council Member Miller seconded Council Member motion that said resolution be continued to July 6, Council Chambers of City Hall, 300 North "D" Bernardino, California. Oberhelman's 1993, in the street, San The motion failed by the following vote: Ayes: Council Members Oberhelman, Miller. Nays: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant City Attorney Penman recommended to the any further action is taken, the Council session. council that before adjourn to closed RECESS MEETING - CLOSED SESSION (1 & R-15) At 4:38 p.m., the Mayor and Common Council and community Development Commission recessed to closed session for the following: 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 negotiator on the purchase of Government Code section 54956.8. which the negotiations concern is City's/Commission's property pursuant to The real property generally located at The identity of each authorized is: person with whom negotiations are ; 27 6/21/93 to meet with an applicant for a applicant's attorney pursuant Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; g. city license and the to Government Code 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; 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; citizens for Bernardino 02292. Preservation of Badqer Canyon vs. city of San San Bernardino Superior Court Case No. SCV Maldonado vs. citv of San Bernardino Superior Court Case No. 254529; San Bernardino CountYIICEMA vs. city of San Bernardino - Riverside Superior Court Case No. 224288; Tellez vs. LynchlCity of San Bernardino - San Bernardino superior Court Case No. 272826; Julie M. Thompson vs. city of San Bernardino. et al - united States District Court Case No. SACV 92-888 GLT (RWRx); city of San Bernardino vs. The Simchowitz Corporation. etc.. et al - San Bernardino Superior Court Case No. 255534. CLOSED SESSION At 4:38 p.m., Mayor Pro Tem Negrete 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; city Clerk Rachel Clark. Absent: Mayor Minor; City Administrator Shauna Clark. *Fifth Ward Office Vacant 28 6/21/93 Also present: Tim steinhaus, Agency Administrator, Economic Development Agency; Margaret Scroggin, Administrative Operations Supervisor, city Attorney's Office. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 4:43 p.m., Deputy city Attorney Empeno arrived at the closed session. SENIOR ASSISTANT At 4:45 p.m., arrived at the closed CITY ATTORNEY MORILLO ARRIVED Senior Assistant city Attorney session. Morillo CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 4:52 p.m., city Administrator Shauna Clark arrived at the closed session. ADJOURN CLOSED SESSION At 5:05 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 5:06 p.m., Mayor Pro Tem Negrete 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; City Attorney Penman; City Clerk Rachel Clark. Absent: Mayor Minor; Council Member Pope-Ludlam; city Administrator Shauna Clark. *Fifth Ward Office Vacant COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 5:06 p.m., Vice-Chairman Negrete 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 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, AND REPEALING RESOLUTION NO. 93-109. (Discussed earlier in the meeting) (See Page 25) (R-8) 29 6/21/93 Council Member Miller made a motion, Member Oberhelman, that said resolution be 1993, in the Council Chambers of city Hall, San Bernardino, California. seconded by continued to 300 North "D" Council July 6, Street, The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Miller. Nays: None. Abstain: Council Member Curlin. Absent: Council Member Pope- Ludlam. *Fifth Ward Office Vacant CANCEL PROJECTS BLOCK GRANT FUNDS TRANSFER OF COMMUNITY DEVELOPMENT (R-9) In a memorandum dated June 17, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that the U. S. Department of Housing and Urban Development (HUD) reviews the City's progress relative to approved programs, projects and activities. The City had funded public services at the maximum allowed and funded the majority of its capital improvement projects with Community Development Block Grant (CDBG) funds. The capital improvement category comprises approximately thirty to fifty percent of the Agency's annual grant. During HUD's routine monitoring visits, the Agency was advised that many of the capital projects had not progressed in a timely manner. The U. S. Department of Housing and Urban Development stipulates that grantees should have no more than 1.5 times the most recent annual grant in its Letter of Credit with HUD. HUD stipulated that the city's 1.5 Letter of Credit Authority would have to be exhausted by April 30, 1993 or risk losing the amount over and above the 1.5 times the annual grant. Staff and the Community Development citizen Advisory Committee (CDCAC) identified projects that would expend monies allocated by the April 30, 1993 deadline. The most significant of these projects identified was the purchase of the badly needed fire equipment for the Fire Department. Exhibits A and B list projects which are recommended for cancellation as a result of no activity totalling $646,167.53 and projects coming in under the Engineer's estimate totalling $481,964. These two figures added together total $1,128,113.53, the amount awarded by the Mayor and Common Council on May 10, 1993, to purchase the fire equipment. The funds and projects identified would have been removed from the City's Letter of Credit, effective May 1, 1993, had not the Mayor and Common Council taken action to fund the Fire Department's request to purchase engine, paramedic and accessory equipment. Tim steinhaus, Agency Administrator, Economic Development Agency, recommended that the item be continued. 30 6/21/93 Concern was expressed relative to the transfer of funds for the purchase of fire equipment while outstanding infrastructure projects remain to be completed. City Administrator Shauna Clark stated that the Administration Department was not aware that other projects would be defaulted as a result of the purchasing of the fire equipment. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the request for cancellation of CDBG projects listed in Exhibit A totalling $646,167.53, and the transfer of funds shown in Exhibit B totalling $481,946, to fund the previously approved purchase of Fire Department equipment in the amount of $1,128,113.53, be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common council, acting as the Community Development Commission, took action on Community Development Commission items. There was no further action taken on Mayor and Common Council items during this portion of the meeting. 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. (Discussed earlier and later in the meeting) (See Pages 21 and 41) Final (39) City Attorney Penman stated that an agreement had been reached by all concerned parties. Gilbert Lara, 500 E. Country Club Road, San Bernardino, CA, expressed opposition to the adoption of said ordinance allowing for a development code amendment, and stated that an environmental impact report had not been conducted. Mr. Lara requested that the item be continued to allow for a workshop to be conducted with all parties involved. Discussion ensued relative to the thirty (30) day review period for the negative declaration and the adoption of said ordinance. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern relative to the adoption of said ordinance. 31 6/21/93 John Shaw, Senior vice President, Rancon, explained the prior actions taken and answered questions pertaining to the steps taken for the approval of the project. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern relative to liquefaction and the four-story limit which currently exists in the General Plan. It was the consensus of the Council that further discussion relative to the adoption of said ordinance be conducted in closed session. PUBLIC HEARING - ANNEXATION NO. 354 STREET - WEST OF PEDLEY ROAD - LAFCO EARLIER IN THE MEETING (SEE PAGE 19) - SOUTH OF 6TH 2743 - DISCUSSED (35) This is the time and place continued from earlier in the meeting to consider annexation of the territory generally located south of 6th street, west of Pedley Road, Annexation No. 354 (LAFCO 2743). RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. (Discussed earlier in the meeting) (See Page 19) (35) Roger Hardgrave, Director of answered questions relative to the LAFCO 2743. Public Works/City Engineer, proposed Annexation No. 354, city Administrator Shauna Clark recommended that the resolution be continued to allow staff to prepare a report addressing the pros and cons of the proposed annexation; and to determine whether the City would receive property taxes. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RES. 93-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1993-1994 PENDING ADOPTION OF THE 1993-1994 FINAL BUDGET. (S-l) 32 6/21/93 Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-207 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. 93-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE FOR THE 1993-94 FISCAL YEAR, EFFECTIVE JULY 1, 1993. (5-2) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-208 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. 93-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING PURCHASE ORDER TO MOTOROLA FOR THE FURNISHING, DELIVERY AND LEASE PURCHASE FINANCING OF THREE HUNDRED (300) EACH, MOTOROLA STX PORTABLE 800 MHZ RADIOS, TO BE UTILIZED CITYWIDE. (5-3) Council Member Miller made a motion, Member Pope-Ludlam, that said resolution There was no vote taken at this time.) seconded by Council be adopted. (Note: Discussion ensued relative to the portion of funds being expended from the General Fund and the Asset Forfeiture Fund. Rex relative portable Hamilton, representing Motorola, answered questions to the programming requirements for the Motorola STX 800 MHz radios. Fred Wilson, Assistant City Administrator, answered questions relative to the funds required for the purchasing of the infrastructure, and stated that a plan should be available within thirty (30) days. city Administrator Shauna Clark explained that the Federal Communications System had mandated that cities convert to the 800 MHz system, and the purchasing of these radios would facilitate conversion to the County system. Discussion ensued relative to the purchasing of the 300 Motorola STX portable 800 MHz radios. 33 6/21/93 Resolution No. 93-209 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. 93-210 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A PREANNEXATION AGREEMENT WITH THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT RELATING TO PARCELS B & C OF THE LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 2751. (S-4) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the agreement. Resolution No. 93-210 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. 93-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A REVISED POLICE DEPARTMENT PURSUIT POLICY, SOP CHAPTER #36, PROCEDURE #3, IN ACCORDANCE WITH CVC 17004.7. (S-5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-211 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 6:32 p.m., Mayor Pro Tem Negrete declared a five-minute recess. RECONVENE MEETING At 6:42 p.m., the regular meeting of the Mayor and Common Council reconvened 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 Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Mayor Minor. *Fifth Ward Office Vacant 34 6/21/93 APPROVE OUTSIDE OFFICE APPROPRIATION OF FUNDS - GENERAL FUND RESERVE- ATTORNEY & LITIGATION COSTS - CITY ATTORNEY'S (5-6) In a memorandum dated June 17,1993, James Penman, City Attorney, stated that the city Attorney's budget contains two accounts out of which litigation expenses are paid. The "Litigation -- Outside Counsel" Account (No. 001-051-53049) is used to pay fees charged by outside counsel. The "Litigation" Account (No. 001-051-53050) is used to pay litigation expenses such as depositions and expert witness fees for all cases, both in-house and outside counsel. For the 1992/93 budget, the Mayor and Council approved the combined sum of $314,379 for the two accounts. This was $664,000 less than requested. The original allocation was exhausted as of November 1992. Consequently, on December 7, 1992, the Mayor and Council approved a transfer of $390,549 from the General Fund reserve to these accounts. The transfer of an additional $200,000 was approved on March 11, 1993. Presently, the City Attorney's Off ice has bills totaling $261,454.13. The balance of remaining funds total $73,818.18, which leaves a shortfall of $187,635.95. These bills do not include expenses for the month of June. A substantial portion of the litigation expenses incurred this fiscal year is subject to reimbursement by the Economic Development Agency. The Economic Development Agency has been billed $333,681.08, as its reasonable share of the fees incurred in pending litigation. In a memorandum dated June 18, 1993, James Penman, city Attorney, stated that the estimated amount of the June expenses equate to $132,000, which increases the total amount required to $319,635.95. city Attorney Penman provided a synopsis of the Staff Report dated June 18, 1993. Discussion ensued relative to the city Attorney's Office exceeding their budget by $1,613,953. It was recommended that a management audit be conducted of the City Attorney's Office. A discussion was held relative to the cases being handled by the city Attorney's Office, and the need for a determination as to what cases will be pursued and the City's potential liability. Discussion ensued relative to the $333,681.08 billed to the Economic Development Agency and the current indebtedness of the city. 35 6/21/93 council Member Oberhelman made a motion, seconded by Council Member Miller, that the Finance Director be instructed to draw down additional amounts, not to exceed $319,635.95 from the General Fund reserve, to fund payment of outside attorney bills from the following City Attorney budget accounts: Litigation- outside Attorney (001-051-53049) and Litigation (001-051-53050). The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Miller. Nays: Council Members Hernandez, Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RES. 93-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE SUPERIOR SIGNAL SERVICE CORPORATION FOR TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT IN THE CENTRAL BUSINESS DISTRICT. (5-7) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: There was no vote taken at this time.) Discussion ensued relative to the binding arbitration clause noted on said contract. Council Member Miller made a substitute motion that said resolution be approved, and that staff be directed to not allow for the binding arbitration clause on any future documents. The motion failed for lack of a second. Roger Hardgrave, Director of Public Works/City Engineer, explained that the contract to rehabilitate Arrowhead Avenue is already in process and had been negotiated with the binding arbitration clause. City Administrator Shauna Clark requested that a be reached to allow for the binding arbitration contracts within a certain dollar value. compromise clause on Discussion ensued relative to whether or not the State requires the binding arbitration clause on all contracts. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-212 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Miller. Absent: None. *Fifth Ward Office Vacant 36 6/21/93 council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the issue regarding the binding arbitration clause on future contracts be referred to the Legislative Review Committee; and that the matter be continued to July 19, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. APPOINTMENTS SAN BERNARDINO INTERNATIONAL AUTHORITY (SBIAA) MAYOR MINOR, COUNCIL MILLER & ALTERNATE MEMBER COUNCIL MEMBER DISCUSSED EARLIER IN THE MEETING (SEE AIRPORT MEMBER CURLIN- PAGE 6) (4E) APPOINTMENTS - INLAND VALLEY DEVELOPMENT AGENCY (IVDA) - MAYOR MINOR, COUNCIL MEMBERS POPE-LUDLAM, NEGRETE & ALTERNATE MEMBER COUNCIL MEMBER HERNANDEZ - DISCUSSED EARLIER IN THE MEETING (SEE PAGE 6) (4F) This is the time and place continued from earlier in the meeting to consider appointments to the San Bernardino International Airport Authority (SBIAA) and the Inland Valley Development Agency (IVDA) as requested by Mayor Minor. ~ ci ty Clerk Rachel Clark announced that per Mayor Minor's request, the recommended motions should read: "That the appointment of Mayor Minor to the San Bernardino International Airport Authority, be approved; and that the reappointment of Mayor Minor, as delegate to the Inland Valley Development Agency, be approved." Council Member Miller made a motion, seconded by Council Member Oberhelman, that the appointments to the San Bernardino International Airport Authority and the Inland Valley Development Agency, be continued. Council Member Miller withdrew her motion. Council Member Hernandez recommended that a substitute motion be made. Discussion motion noted on Brown Act. ensued relative to the ability to change the the staff report, and the requirements of the CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 7:20 p.m., City Administrator Shauna Clark left the Council meeting. J. Lorraine Velarde, Executive Assistant to the Mayor, explained that the modification to the motions were made as a result of the discontent expressed with the recommended motions. 37 6/21/93 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appointments of Mayor Minor and as an Alternate Member Council Member Curlin, to the San Bernardino International Airport Authority, be approved. Gary Kirby, 1505 Yardley, San Bernardino, CA, recommended that general wording be used for appointments to allow for the substitution of other individuals. Gilbert Lara, 500 E. country Club Road, San Bernardino, CA, recommended that an alternate member be assigned to the San Bernardino International Airport Authority. It as the Airport was noted alternate Authority. that Council Member Curlin had been appointed member to the San Bernardino International Council Member Hernandez made a motion, seconded by Council Member Curlin, that the appointments to the Inland Valley Development Agency be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Miller made a substitute motion, seconded by Council Member Oberhelman, that Mayor Minor be reappointed to the Inland Valley Development Agency. The motion failed by the following vote: Ayes: Council Members Oberhelman, Miller. Nays: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RECESS MEETING - CLOSED SESSION (1 & R-15) At 7:45 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 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 38 6/21/93 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; 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; ci tizens for Bernardino 02292. Preservation of Badqer Canyon vs. city of San San Bernardino Superior Court Case No. SCV Maldonado vs. citv of San Bernardino Superior Court Case No. 254529; San Bernardino CountvlICEMA vs. city of San Bernardino - Riverside Superior Court Case No. 224288; Tellez vs. Lynchlcity of San Bernardino - San Bernardino superior Court Case No. 272826; 39 6/21/93 Julie M. Thompson vs. city of San Bernardino. et al - united States District Court Case No. SACV 92-888 GLT (RWRx); city of San Bernardino vs. The simchowitz Corporation. etc.. et al - San Bernardino Superior Court Case No. 255534. CLOSED SESSION At 7:45 p.m., Mayor Pro Tem Negrete 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 Pro Tem Negrete; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; City Clerk Rachel Clark. Absent: Mayor Minor; Council Member Curlin; City Administrator Shauna Clark. *Fifth Ward Office Vacant Also present: Tim steinhaus, Agency Administrator, Dave Edgar, Housing Division Manager, Economic Development Agency; Senior Assistant City Attorney Morillo. COUNCIL MEMBER CURLIN ARRIVED At 7:49 p.m., Council Member curlin arrived at the closed session. AGENCY ADMINISTRATOR TIM STEINHAUS & HOUSING DIVISION MANAGER DAVE EDGAR EXCUSED At 7:52 p.m., Agency Administrator Tim steinhaus and Housing Division Manager Dave Edgar left the closed session. COUNCIL MEMBER HERNANDEZ EXCUSED At 8:14 p.m., Council Member Hernandez left the closed session. ADJOURN CLOSED SESSION At 8:19 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 8:20 p.m., Mayor Pro Tem Negrete 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 liD" Street, San Bernardino, California. 40 6/21/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Negrete; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Mayor Minor. *Fifth Ward Office Vacant 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. (Continued from June 7, 1993) (Discussed earlier in the meeting) (See Pages 21 and 31) Final (39) Mark Ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600 N. Arrowhead Avenue, San Bernardino, CA, requested confirmation that the final reading of said ordinance would be continued. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said ordinance be continued to July 6, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California, to allow the developer time to meet with the downtown business representatives to discuss a compromise. ADJOURNMENT (42) At 8:23 p.m., the regular meeting of the Mayor and Common Council adjourned to Tuesday, July 6, 1993, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By No. of Items: 65 No. of Hours: 10.5 41 6/21/93