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HomeMy WebLinkAbout08-02-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 2, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the city of San Bernardino was called to order by Mayor Minor at 8:04 a.m., Monday, August 2, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; Deputy city Clerk Vale; City Administrator Shauna Clark. Absent: Council Member Pope- Ludlam; city Attorney Penman. *Fifth Ward Office Vacant ANNOUNCEMENT - MAYOR MINOR - PROPERTY ACQUISITION (2) Mayor Minor announced located at 303 and 247 W. closed session. that the acquisition Third Street would be of property discussed in RECESS MEETING - CLOSED SESSION At 8:04 a.m., the Mayor and Common Council and Development Commission recessed to closed session 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; (1) Community for the 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 1 8/2/93 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 southeast of the intersection of 5th Street and the I- 215 freewav: the area bounded bv 5th Street to the north. Rialto Avenue to the south. Santa Fe Intermodal Facilitv to the east. and Rancho Avenue to the west: the area south of the converqence of state University Parkway and the I-215 freewav: the area bounded by Palm Avenue to the north. San Bernardino Steel Companv to the south. Industrial Parkwav. undeveloped industrial property. and the I-215 to the east. and the ATSF main railwav and Caion Boulevard to the west. The identity of each person with whom negotiations are authorized is: Shauna Clark. citv Administrator; 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: Charles MurphY vs. citv of San Bernardino. et al - united States District Court Case No. 91-732 GLT (RWRx); Tomas Armendariz vs. James F. Penman. et al - United States District Court Case No. 91-5757; Cole vs. Chavez/City of San Bernardino - San Bernardino superior Court Case No. 264641; Stubblef ield Construction Company. et al vs. ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; Superior Court Case No. 252058; 2 8/2/93 Julie Thompson vs. city of San Bernardino. et al - United states District Court Case No. SA CV92-888 GT (RWRx); citv of San Bernardino vs. Bussell. et al - San Bernardino Superior Court Case No. 271568; Saab vs. city of San Bernardino - San Bernardino Superior Court Case No. SCV 234561. CLOSED SESSION At 8:04 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; Deputy city Clerk Vale; City Administrator Shauna Clark. Absent: Council Member Pope- Ludlam; City Attorney Penman. *Fifth Ward Office Vacant Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency; Tim Sabo, Sabo & Green, Bond Counsel to the Economic Development Agency; Rod McDonald, Consultant to the Economic Development Agency; Jim Iverson and Rhonda Connally, Miller & Schroeder; Deputy City Attorney Roth, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. City Attorney Penman announced that the following additional case would be discussed in closed session: David Hatfield vs. citv of San Bernardino. et al - united States District Court Case No. SACV 93-317 LHM (RWRx). CITY ATTORNEY PENMAN ARRIVED At 8:06 a.m., city Attorney Penman arrived at the closed session. 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 8:12 a.m., closed session. POPE-LUDLAM ARRIVED Council Member pope-Ludlam arrived at the CITY ATTORNEY PENMAN EXCUSED At 8:19 a.m., City Attorney Penman left the closed session. 3 8/2/93 CITY ATTORNEY PENMAN RETURNED At 8:24 a.m., City Attorney Penman returned to the closed session. MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED At 8:31 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office left the closed session. TIM STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY; TIM SABO, SABO & GREEN, BOND COUNSEL TO THE ECONOMIC DEVELOPMENT AGENCY; ROD MCDONALD, CONSULTANT TO THE ECONOMIC DEVELOPMENT AGENCY; JIM IVERSON AND RHONDA CONNALLY, MILLER & SCHROEDER EXCUSED At 8:46 a.m., Tim Steinhaus, Agency Administrator, Economic Development Agency; Tim Sabo, Sabo & Green, Bond Counsel to the Economic Development Agency; Rod McDonald, Consultant to the Economic Development Agency; Jim Iverson and Rhonda Connally of Miller & Schroeder left the closed session. ADJOURN CLOSED SESSION At 8:58 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 9:03 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, california. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller; City Attorney Penman; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant INVOCATION The invocation was given by Reverend Barnabas Laubach, Saint Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. 4 8/2/93 ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2A) Council Member Curlin provided a status report on security and public access to public buildings, and provided an update relative to the proposed abandonment of smoking in all restaurants. AMERICAN YOUTH SOCCER TEAM - AMBASSADOR OF GOOD WILL CERTIFICATE - TACHIKAWA, JAPAN (4) Thelma Press, Executive Director of Cultural and International Affairs, Mayor's Office, explained that the American Youth Soccer Team will be going to Tachikawa, Japan. Mayor Minor presented the Ambassador of Good Will Certificate. Terry Harris, Director of the American Youth Soccer Team, accepted the Ambassador of Good will certificate, and expressed his appreciation for the City's support and for the support of his team members. APPOINTMENT - COMMUNITY TELEVISION COMMISSION - ROBERT A. SENOUR - MAYOR MINOR (S-5) In a memorandum dated July 29, 1993, Mayor Minor recommended the appointment of Robert A. Senour to the Community Television Commission. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the appointment of Robert A. Senour to the Community Television commission. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Robert A. Senour to the Community Television Commission as requested by Mayor Minor, be approved. PUBLIC COMMENTS - PAT VALLES (3) Pat Valles, 869 "F" Street, San Bernardino, CA, discontent relative to the Empire Bay project, and concern regarding the availability of relocation displaced tenants. expressed expressed funds for ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (2B) Council Member Pope-Ludlam requested that the Empire Bay project be placed on the Redevelopment Committee agenda. 5 8/2/93 PUBLIC COMMENTS - JAMES ROWE (3A) James Rowe, 325 W. Sixth Street, San Bernardino, CA, requested an investigation be made relative to the $93,000 in relocation funds allocated by the Economic Development Agency for residents displaced by the Empire Bay project. PUBLIC COMMENTS - ROBERT NEVES (3B) Robert Neves, 3771 Aspen Drive, San Bernardino, CA, owner of Barrier Free Environmental Consulting, expressed concern relative to handicapped accessibility at the perris Hill Park water slide and requested that action be taken to correct any non-compliance. PUBLIC COMMENTS - JEFF WRIGHT (3C) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the five-minute limitation on pUblic speaking and the Empire Bay project, and expressed concern relative to items placed on the consent calendar. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2C) Council the perris handicapped. Member Curlin announced that he would investigate Hill Park water slide accessibility to the PUBLIC COMMENTS - STEVE FILSON (30) Steve Filson, San Bernardino Police Officers Association, 1299 North "E" Street, San Bernardino, CA, requested that the Mayor and Council honor the agreement accepted by the San Bernardino Police Officers Association (SBPOA). He stated that the SBPOA offered to maintain their current level of benefits for the next 18 months, and expressed concern relative to the actions taken regarding the fiscal year 1993/94 budget deliberations. PUBLIC COMMENTS - PAUL PANCUCCI (3E) Paul pancucci, 466 W. Fourth Street, San Bernardino, CA, expressed support for additional manpower in police and fire safety personnel, and recommended an increase in the benefit package to promote stability and quality in personnel. PUBLIC COMMENTS - BILL HENLEY (3F) Bill Henley, 466 W. Fourth Street, San Bernardino, CA, expressed opposition to the proposed three-percent reduction in the City-paid (Public Employees Retirement System) PERS contribution. ,- 6 8/2/93 ANNOUNCEMENT - CITY ATTORNEY PENMAN (20) City Attorney Penman recommended that further discussion relative to the budget be delayed until the fiscal year 1993/94 budget review, Item 36, is addressed. PUBLIC COMMENTS - JIMMY DE VITA (3G) Jimmy De Vita, a resident of Rialto, CA, expressed concern relative to the fiscal restraints cities are now facing. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, 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: May 10, 1993, June 28, 1993, July 12, 1993. WESTERN REGION LITTLE LEAGUE BASEBALL, INC. - $3,500- TRANSPORTATION COSTS - CIVIC & PROMOTIONAL FUND (7) In a memorandum dated July 22, 1993, J. Lorraine Velarde, Executive Assistant to the Mayor, stated that the City has contributed $3,500 annually to the Western Region Little League Baseball Tournament to help defray the costs associated with team transportation. It is recommended that $3,500 be allocated from the civic & Promotional Fund to assist in the Western Region Little League Baseball Tournament to be held August 10-19, 1993. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that payment in the amount of $3,500 to Western Region Little League Baseball, Inc., to help defray costs of team transportation, be approved. CLAIMS AND PAYROLL (9) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated July 22, 1993 from the Director of Finance, be approved. RES. 93-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD SEPTEMBER 14, 1993. (12) -- 7 8/2/93 RES. 93-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GENERAL AUTOMATION FOR THE FURNISHING AND DELIVERY OF AUTOMATED LIBRARY SYSTEM SOFTWARE, TO BE UTILIZED BY THE LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-93-13. (13) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 93-275 and 93-276 were adopted following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Absent: None. *Fifth Ward Office Vacant by the Curlin, None. RES. 93-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF ONE (1) LARGE CAPACITY COMPUTER FOR OFFICE AUTOMATION AND GIS. (14) ~ Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; that an expenditure of Asset Forfeiture Funds in the amount of $30,000 be authorized for the purchase of one (1) large capacity computer to replace two (2) smaller computers for use in serving Office Automation and GIS Automation needs city-wide; and that an amount of $20,000 from M.I.S. Account 679-103-53120 and $13,500 from M. I. S. Account 679-103-53238 be authorized for the purchase of one (1) large capacity computer to replace two (2) smaller computers to be used for serving Office Automation and GIS Automation needs city-wide. The motion carried and Resolution No. 93-277 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. 93-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER. (15) RES. 93-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994. (17) 8 8/2/93 RES. 93-280 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BOX CULVERT CROSSING OF MARSHALL BOULEVARD AND OF A DIP CROSSING OF FOOTHILL DRIVE, BOTH AT LITTLE SAND CREEK. (20) RES. 93-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (22) RES. 93-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET, NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO. (24) RES. 93-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 971, FIRE STATION CONSTRUCTION REIMBURSEMENT DISTRICT IN THE TRI-CITY AREA. (26) RES. 93-284 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 973, INSTALLATION OF TRAFFIC UNIVERSITY PARKWAY AND HALLMARK PARKWAY. BERNARDINO ASSESSMENT SIGNALS AT (27) RES. 93-285 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 1002, LANDSCAPING MAINTENANCE, STREET AREA. BERNARDINO ASSESSMENT NORTH "H" (28) RES. 93-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, SIGNALIZATION DISTRICT, COMMERCENTER EAST AREA. (29) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 93-278, 93-279, 93-280, 93-281, 93-282, 93- 283, 93-284, 93-285 and 93-286 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant APPOINTMENTS SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY - COUNCIL MEMBER CURLIN & ALTERNATE MEMBER COUNCIL MEMBER MILLER - MAYOR MINOR (4A) 9 8/2/93 In a memorandum dated July 27, 1993, Mayor Minor recommended the appointments of Council Member Curlin as a member and Council Member Miller as an alternate member to the San Bernardino International Airport Authority. council Member Hernandez made a motion, seconded by council Member Negrete, that the appointments of Council Member Curlin and Alternate Member Council Member Miller, to the San Bernardino International Airport Authority as requested by Mayor Minor, be approved. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman. Nays: Council Members Pope-Ludlam, Miller. Absent: None. *Fifth Ward Office Vacant WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to waiving the reading of resolutions and ordinances. City Administrator Shauna Clark explained that the titles of the resolutions and ordinances are read at the beginning of each Council meeting. Council Member Oberhelman 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. EMERGENCY FOOD & SHELTER PROGRAM AUTHORIZE APPLICATION & ADMINISTRATION - $30,000 (FEMA XII) FUNDS - PARKS, RECREATION & COMMUNITY SERVICES - DISCUSSED LATER IN THE MEETING - SEE PAGE 30 (8) In a memorandum dated July 22, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that funds have been appropriated through the Emergency Food & Shelter National Board Program (FEMA XII) for the purpose of delivering emergency food and shelter to needy individuals. FEMA grants are made to communities through local boards convened by United Way. The local FEMA Board has selected the Wests ide Community Service Center as one of the sites to assist with distribution of funds between October 1, 1993 and september 30, 1994. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to later in the meeting to allow Annie Ramos, Director of Parks, Recreation & Community Services, to be present to answer questions. 10 8/2/93 PERSONNEL ACTIONS (10) Discussion ensued regarding the procedure used to place out-of-phase merit increases on the agenda. council Member Hernandez made a motion, seconded by council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated July 13, 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, with the exceDtion of Item Five (5). RES. 93-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. (11) Debi Biggs, Director of Animal Control, answered questions relative to the terms of the contract, and explained that the contract is an interim contract for the period of August 16, 1993 through December 31, 1993. City Administrator Shauna Clark recommended that the item be referred to the Ways & Means Committee if a bid is generated for contract services after December 31, 1993. The Council requested that a report be prepared outlining all the costs associated with a permanent contract. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-287 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:03 a.m., Council Member Pope-LUdlam left the Council meeting. RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION PROGRAM. (16) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolution be tabled. 11 8/2/93 NOTE: The resolution was not distributed with the backup, and; therefore, will not be available for reference. RES. 93-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VIOLENT CRIME TASK FORCE. (18) COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:05 a.m., Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. Discussion ensued Department as a result participate in the San Force. relative to impact on the Police of one detective being assigned to Bernardino County Violent Crime Task Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: The vote was taken after discussion.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification as to the additional duties the detective would incur as a result of being assigned to the San Bernardino county Violent Crime Task Force. A discussion detective assigned Task Force. was held relative to the duties of the to the San Bernardino County Violent Crime Resolution No. 93-288 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. 93-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE MATICH CORPORATION FOR PAVEMENT REHABILITATION ON ARROWHEAD AVENUE, FROM MILL STREET TO THIRD STREET. (19) Roger Hardgrave, Director of PUblic Works/City Engineer, answered questions relative to the selection of the contractor, and was directed to provide a copies of the documentation from Matich Corporation indicating that the 20 percent participation goal for Disadvantaged Business Enterprise (DBE) would be met. 12 8/2/93 Council Member Hernandez made a motion, seconded by council Member Oberhelman, that said resolution be adopted; and that the appropriation of $818,000 under Account No. 242-362-57895, "Rehabilitation of Arrowhead Avenue, from Mill street to Third street" consisting of $703,500 in Federal-Aid STP Funds and $114,500 from city Measure "I" Funds, be approved. The motion carried and Resolution No. 93-289 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. 93-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY. (Discussed later in the meeting) (See Page 30) (21) Discussion ensued relative to the analysis referenced in the Staff Report. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolution be continued to later in the meeting to allow Roger Hardgrave, Director of Public Works/City Engineer, time to provide a copy of said analysis. RES. 93-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (23) Council Member Hernandez made a motion, seconded by Council Member Pope-LUdlam, that said resolution be adopted. Resolution No. 93-290 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. 93-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN BERNARDINO. (25) Council Member Hernandez made a motion, seconded by Council Member Pope-LUdlam, that said resolution be adopted. 13 8/2/93 Resolution No. 93-291 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant Council Member Member Oberhelman, reconsidered. Hernandez made a motion, seconded by Council that the adoption of said resolution be The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the adoption of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, answered questions relative to Assessment District No. 966, for the improvement of Oaley Canyon Road, easterly of Chiquita Lane. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, to ratify prior action taken to adopt said resolution. PUBLIC HEARING IMPOSING LIENS ON UNCOLLECTED BUSINESS REGISTRATION FEES PROPERTY- (30) This is the time and place set for a public hearing to consider imposing liens on real property located within the city of San Bernardino for uncollected business registration fees. In a memorandum dated July 15, 1993, Rachel Clark, City Clerk, requested authorization to lmpose liens on parcels of property for uncollected business registration fees. Deputy City Clerk Vale stated that Exhibit "A" should be amended to delete the following address: 393 W. Highland Avenue. Mayor Minor opened the hearing. RES. 93-292 - 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. (30) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the hearing be closed; and that said resolution be adopted as amended to delete 393 W. Highland Avenue from Exhibit "A" of the resolution. 14 8/2/93 The motion carried and Resolution No. 93-292 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: None. Abstain: Council Member Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RECESS MEETING At 10:21 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:27 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Miller; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: Council Member Pope- Ludlam; City Attorney Penman. *Fifth Ward Office Vacant FISCAL YEAR 1993/94 BUDGET REVIEW - CONTINUED FROM JULY 12, 1993 (36) This is the time and place continued to for the fiscal year 1993/94 budget deliberations. In letter dated July 20, 1993, Susan Tarvin, Labor Relations Representative, San Bernardino Public Employees Association, 433 North Sierra Way, San Bernardino, CA; requested to speak at the Mayor and Common Council meeting of August 2, 1993, to discuss budget alternatives. city Administrator action taken relative deliberations. Shauna Clark gave a to the fiscal year synopsis 1993/94 of the budget CITY ATTORNEY PENMAN RETURNED At 10:28 a.m., City Attorney Penman returned to the Council meeting. Sue Tarvin, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, expressed opposition to the proposed three-percent reduction in the city-paid PERS (Public Employee Retirement System) contribution, and recommended that the Mayor and Council reduce the budget by the following: Dues & Subscriptions $77,600, Meetings & Conferences $49,300, Training - $40,400 and Account No. 092-53715 - $3,000; for a total savings of $170,300. (Ms. Tarvin provided a copy of SBPEA's budget analysis to the Mayor and Council.) 15 8/2/93 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:29 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Discussion ensued relative to the budget-reduction measures proposed by the San Bernardino PUblic Employees Association. John Tucker, President, Mid-Management Bernardino Public Employees Association, 433 N. Bernardino, CA, answered questions relative recommended budget-reduction measures. Chairman, San Sierra Way, San to the union's A discussion was held relative to the fiscal year 1993/94 budget deliberations. Council Member Curlin made a motion to limit public speaking relative to the fiscal year 1993/94 budget to three minutes. The motion failed for lack of a second. Jim Hamlin, President, General unit Chairman, San Bernardino Public Employees Association, 433 N. Sierra way, San Bernardino, CA, expressed opposition to the proposed three-percent reduction in the City-paid PERS (Public Employee Retirement System) contribution. Discussion ensued regarding the status of negotiations and contracts within the various City employee bargaining units. Malcolm Simmons, Representative, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, recommended implementation of the proposed graffiti tax, elimination of the proposed three-percent reduction in city-paid PERS contribution and contracting for city management. Steve Filson, President, San Bernardino Police Officers Association, 1299 North "E" Street, San Bernardino, CA, stated that because of the salary averages, the police raises will be substantially lower for fiscal year 1993/94; and expressed opposition to the proposed three-percent reduction in the city- paid PERS contribution. Discussion ensued relative to the fiscal year 1993/94 budget deliberations. 16 8/2/93 Susan Johnson, 5088 N. Sundance Drive, San Bernardino, CA, expressed support for the services provided by the San Bernardino Police and Fire Departments and voiced opposition to the proposed three-percent reduction in the City-paid PERS contribution. A discussion was held relative to the Street Lighting/Street Sweeping Assessment District. Jim Keesling, San Bernardino Police Officers Association, 1299 North "E" Street, San Bernardino, CA, expressed opposition to the proposed three-percent reduction in the city-paid PERS contribution. Discussion ensued regarding the funds allocated to pay meeting and conference fees for city employees. Brad Lawrence, San Bernardino Police Officers Association, 1299 North "E" street, San Bernardino, CA, stated opposition to the proposed three-percent reduction in the City-paid PERS contribution. Bob Elliott, General Manager, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, recommended that Item 31, participation in the San Bernardino County Alternative Tax Distribution Plan, be approved to help eliminate the budget deficit, and expressed opposition to establishing a City Fire Department emergency-medical transport service. It was noted that Item 31, is not applicable to the City and applies only to the Water Department. A discussion was held relative to the city providing emergency-medical transport services. Paul Munz, 2541 Foothill Drive, San Bernardino, CA, expressed opposition to the proposed three-percent reduction in the City-paid PERS contribution. Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that the recommendations contained within the San Bernardino County Blue Ribbon Budget Committee report be implemented. Ed De vita, 1553 N. Iris Avenue, Rialto, CA, expressed support for President Clinton's health care reform and encouraged entrepreneurship. Mayor Minor recommended that the suggestions made by the San Bernardino Public Employees Association be researched to determine the impact to City departments, review of Charter Section 186 final salary figures to determine allocation of remaining funds and that negotiations continue with the various 17 8/2/93 bargaining units. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to September 7, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. PROPOSED CITY FIRE DEPARTMENT EMERGENCY TRANSPORT SERVICES - CONTINUED FROM JULY 19, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 19 (35) This is the time and place continued for discussion of the proposed city Fire Department emergency-transport services. In a memorandum dated July 23, 1993, Peggy Ducey, Assistant to the City Administrator, stated that on July 19, 1993 a public hearing was held on the proposed City Fire Department emergency- transport service. After hearing testimony from Mr. Steve Rice, courtesy Ambulance, staff was directed to respond to the statements made by Mr. Rice. city Administrator Shauna Clark provided a action taken relative to the proposed city emergency-transport services. synopsis of the Fire Department council Member Pope-LUdlam made a motion, seconded by council Member Hernandez, that the Mayor and Council adjourn to closed session. (Note: There was no vote taken at this time.) RECESS MEETING - CLOSED SESSION (1) At 11:23 a.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; CLOSED SESSION At 11: 23 a. m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller; City Attorney Penman; Deputy city Clerk Vale; city Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant 18 8/2/93 Also present: Peggy Ducey, Assistant to the City Administrator; Fire Chief will Wright. DEPUTY CITY ATTORNEY ROTH ARRIVED At 11:29 a.m., Deputy city Attorney Roth arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 11:31 a.m., Deputy City Attorney Simmons arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 11:32 a.m., Deputy City Attorney Roth left the closed session. CITY ATTORNEY PENMAN EXCUSED At 11:32 a.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN RETURNED At 11:38 a.m, city Attorney Penman returned to the closed session. ADJOURN CLOSED SESSION At 12:13 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 12:14 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 "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman; Deputy city Clerk Vale; City Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant PROPOSED CITY FIRE DEPARTMENT EMERGENCY TRANSPORT SERVICES - CONTINUED FROM JULY 19, 1993 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 18 (35) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the city Administrator's report and supplemental report dated July 23, 1993 be received and filed. (Note: The vote was taken after discussion.) Discussion ensued relative to allowing the pUblic to speak on the proposed city Fire Department emergency-transport service. 19 8/2/93 Council Member Hernandez withdrew his second to allow for public speaking. City Attorney Penman explained that the public hearing was closed; therefore, there is no need to allow the public to speak unless otherwise approved. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City Administrator's report and supplemental report dated July 23, 1993 be received and filed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the operations plan presented on July 19, 1993, be approved, but suspend implementation of the plan; and request that the Mayor appoint a committee to pursue negotiations with courtesy Ambulance on the subject of providing emergency medical-transport service. (Note: There was no vote taken at this time.) Council Member Oberhelman made a substitute motion, seconded by Council Member Hernandez, that the operations plan presented on July 19, 1993, be approved with suspension until November 1, 1993; and request that the Mayor appoint a committee to pursue negotiations with Courtesy Ambulance on the subject of providing emergency medical-transport service. The substitute motion carried by the following vote: Ayes: Council Members Negrete, curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RES. 93-293 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION IN THE SAN BERNARDINO COUNTY ALTERNATIVE TAX DISTRIBUTION PLAN. (continued from July 19, 1993) (31) RES. 93-294 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $16,431.25 FOR THE FISCAL YEAR 1993/94. (Continued from July 19, 1993) (32) Cheryl Flowers, Assistant General answered questions regarding the Alternative Tax Distribution Plan. Manager, Water Department, San Bernardino County 20 8/2/93 Discussion ensued relative to the possibility of the City participating in the San Bernardino County Alternative Tax Distribution Plan. It was determined that such a program was not feasible for the city. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-293 and 93-294 were adopted following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Absent: None. *Fifth Ward Office Vacant by the Curlin, None. RECESS MEETING At 12:28 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 "0" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Vale with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Miller; city Attorney Penman, Deputy City Clerk Vale. Absent: Council Members Negrete, Pope-Ludlam; city Administrator Shauna Clark. *Fifth Ward Office Vacant APPEAL - PLANNING COMMISSION DENIAL - CONDITIONAL USE PERMIT NO. 93-01 - OFF-SITE SALE OF LIQUOR - 484 SOUTH RANCHO AVENUE - ALI YASIN - CONTINUED FROM JULY 19, 1993 (40) This is the time and place continued to for an appeal of the Planning commission's denial of Conditional Use Permit No. 93-01, to allow off-site sale of hard liquor at 484 South Rancho Avenue. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the Staff Report dated June 24, 1993. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to September 20, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. 21 8/2/93 APPEAL - PLANNING COMMISSION DENIAL - VARIANCE NO. 93- 02 - MULTI-TENANT SIGN - SOUTHWEST CORNER OF HIGHLAND & DEL ROSA AVENUE - QUIEL BROS ELECTRIC SIGN SERVICE COMPANY, INC. - CONTINUED FROM JULY 19, 1993 (41) This is the time and place continued to for an appeal of the Planning commission's denial of Variance No. 93-02, to construct a center identification pylon sign with 120 square feet of sign area per face for the identity of up to eleven (11) tenants at the southwest corner of Highland Avenue and Del Rosa Avenue. In a memorandum dated July 29, 1993, Al Boughey, Director of Planning & Building Services, stated that on July 19, 1993, the Council continued the public hearing to allow the appellant to consider a compromise proposed by staff. The appellant has agreed to reduce the number of tenant identification panels to seven (7) and to reduce the sign area to 100 square feet per face. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to the compromise for approval of Variance No. 93-02. COUNCIL MEMBER NEGRETE RETURNED At 2:07 p.m., Council Member Negrete returned to the Council meeting and took his place at the council table. Council Member Hernandez made a motion, seconded by Council Member Miller, that the hearing be closed; and that Variance No. 93-02 be approved to allow a 20 foot monument sign of 100 square feet with seven tenant panels based on the Findings of Fact (Attachment 3) and subject to the Conditions of Approval (Attachment 4). (Note: The vote was taken after discussion.) Paul Brown, Quiel Bros. Sign Company, 272 South "I" Street, San Bernardino, CA, appealed to the Council for an additional 20 feet of sign space. Al Boughey read a letter dated July 27, 1993, from Gary Quiel, Vice President of Quiel Bros., in which he concurs to the compromise proposal. COUNCIL MEMBER At 2:09 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the The Members Miller. motion carried by the following vote: Ayes: Co u n c i 1 Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: None. Absent: None. *Fifth Ward Office Vacant 22 8/2/93 APPEAL - PLANNING COMMISSION DENIAL - TENTATIVE TRACT NO. 14473 CONDITIONAL USE PERMIT NO. 92-16- TENTATIVE TRACT NO. 14949 (EXTENSION OF TIME) - NORTH SIDE OF FUTURE VERDEMONT DRIVE EAST/SOUTHEAST OF MAGNOLIA AVENUE - BONADIMAN ENGINEERS - CONTINUED FROM JULY 6, 1993 (42) This is the time and place continued to for an appeal of the Planning Commission's denial of Tentative Tract No. 14473, Conditional Use Permit No. 92-16, Tentative Tract No. 14949 (Extension of Time) located on the north side of future Verdemont Drive, east/southeast of the termination of Magnolia Avenue. Mayor Minor opened the hearing. Al provided project. Boughey, Director of a synopsis of the Planning & action taken Building relative services, to said Council Member Oberhelman made a motion, seconded by Council Miller, and unanimously carried, that the matter be continued to October 4, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 2:11 p.m., City Administrator Shauna Clark returned to the Council meeting. SPRING MOUNTAIN HOMES PROJECT - $403,864 - DEFERRAL OF FEES - COUNCIL MEMBER POPE-LUDLAM (38) In a memorandum dated July 23, 1993, Ludlam recommended that the deferral of Mountain Homes project, be approved. Council Member Pope- fees for the Spring In a letter dated July 15, 1993, Rod Shain, Michael & John Enterprises, Real Estate Brokers, 1950 Sawtelle Boulevard, suite 280, Los Angeles, CA, requested that the City consider the deferment of fees in the amount of $403,864 for the Spring Mountain Homes project. Council Member pope-Ludlam provided a synopsis of the action taken relative to the request for a deferral of fees. Michael Geber, president, Michael & John Enterprises, Real Estate Brokers, 1950 Sawtelle Boulevard, suite 280, Los Angeles, CA, answered questions relative to the Spring Mountain Homes Project, and requested postponement of fees until the certificate of occupancy is obtained. 23 8/2/93 Discussion ensued relative to the possibility of deferring the payment fees to aid in stimulating development within the city. council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the matter be referred to the Legislative Review Committee. (Note: There was no vote taken at this time.) Michael Geber stated that all upfront fees would be paid upon the requirement of such. Concern was expressed relative to the lack of growth within the City, and the current fiscal restraints the City is now facing. It was noted that the total deferral of fees will not amount to the $403,864 reflected on the request. Council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, that the deferral of fees in the amount of $403,864 for the Spring Mountain Homes project, be denied. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, expressed opposition to the deferral of fees. council Member Pope-Ludlam made a motion that the matter be placed on the Redevelopment Committee agenda. The motion failed for lack of a second. The substitute motion to deny the deferral of fees carried by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman. Nays: Council Members Pope-Ludlam, Miller. Absent: None. *Fifth Ward Office Vacant RES. 93-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MENTONE TURF SUPPLY FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICES FOR SECCOMBE LAKE PURSUANT TO BID SPECIFICATION NO. F-94-02. (Continued fro. July 19, 1993) (33) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-295 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant 24 8/2/93 RES. 93-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICES FOR SEVENTEEN (17) LOCATIONS PURSUANT TO BID SPECIFICATION NO. F-94- 01. (Continued fro. July 19, 1993) (34) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-296 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant CREATE HUMAN RELATIONS COMMISSION - DAVID KENNEDY, CITY TREASURER - CONTINUED FROM JULY 6, 1993 (37) This is the time and place continued to recommendation made by city Treasurer David implementation of a Human Relations Commission. consider Kennedy the for AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. (37) City Attorney Penman requested that the matter be continued to September 7, 1993. Council Member Miller made a motion, seconded by Council Member Negrete, that the matter be continued to September 7, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Negrete withdrew his second to the motion to allow for discussion. City Attorney in the ordinance; recommended. Penman stated that inconsistencies were noted therefore, continuation of the matter was Discussion ensued relative to referring the matter to the LegiSlative Review Committee, and whether the ordinance had been modeled after the city of Redlands. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the matter be continued to September 7, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino. California; and that the matter be referred to the LegiSlative Review Committee. (Note: There was no vote taken at this time.) 25 8/2/93 council Member Oberhelman withdrew his motion to allow for discussion. Discussion ensued relative to the creation of the Human Relations Commission. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to September 7, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California; and that the matter be referred to the Legislative Review Committee. MANAGEMENT AUDIT - CITY ATTORNEY I S OFFICE - ALLOCATE FUNDS FISCAL YEAR 1993/94 BUDGET REVIEW PROCESS (39) In a memorandum dated July 27, 1993, Mayor Minor recommended that funds not-to-exceed $67,000 be allocated through the budget balancing process to finance the cost of a management audit of the city Attorney's Office to be performed by Harvey M. Rose Accountancy Corporation, and that he be authorized to execute an agreement with Harvey M. Rose Accountancy Corporation to perform a management audit of the City Attorney's Office. council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that funds in the amount not to exceed $67,000 be allocated through the budget-balancing process to finance the cost of a management audit of the City Attorney's Office to be performed by Harvey M. Rose Accountancy Corporation; and that the Mayor be authorized to execute an agreement with Harvey M. Rose Accountancy Corporation to perform a management audit of the City Attorney's Office. Discussion ensued relative to the selection of the auditor. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Miller. Absent: None. *Fifth Ward Office Vacant COUNCIL MEMBER At 2:55 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council NEIGHBORHOOD MEETING - AUGUST 12, 1993 - RIALTO SENIOR HIGH SCHOOL - CLOSURE OF GRADE CROSSING NO. 2-84.2- EUCALYPTUS AVENUE - SOUTH OF RIALTO AVENUE (S-l) 26 8/2/93 In a memorandum dated July 27, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that Southern California Regional Rail Authority (SCRRA) intends to build a passing siding that could require the closing of Grade Crossing No. 2-84.2 on Eucalyptus Avenue. This grade crossing on Eucalyptus Avenue is half within the jurisdiction of the City of Rialto and half within the city of San Bernardino. In view of multiple crossings at 1/4 mile spacing, SCRRA feels that public safety would best be served by the permanent closure to vehicular traffic of some of these crossings and upgrading the safety warning devices of those that remain open. Eucalyptus Avenue is designated as a collector on the Circulation Element of the City's General Plan. The current traffic volume is 5,100 vehicles per day which is partly due to the new Rialto Senior High School on the southeast corner of Mill street and Eucalyptus Avenue. Closure of the Eucalyptus Avenue crossing would result in half of the traffic diverting to Pepper Avenue, which would increase the traffic volume on this street from 15,000 to 17,500 vehicles per day. Under the 1941 street Vacation Act, closure could be accomplished by vacating the street right-of-way, within the railway right-of-way. Due to the difficulty in obtaining a future easement for reopening of the street, this method is not recommended. Another option is to close the street under the authority of Section 21101 of the California Vehicle Code, which allows local authorities to adopt an ordinance closing any street that, in their opinion, is no longer needed for vehicular traffic. A public workshop was conducted by the City of Rialto on July 21, 1993. The general reaction to the possible closures of these grade crossings has been negative. A sign will be posted at the crossing to advise motorists of the neighborhood meeting scheduled for Thursday, August 12, 1993, at 6:00 p.m., at Rialto Senior High School. The meeting will help the City develop a position on the possible closure. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired whether the Southern California Regional Rail Authority was formed in conjunction with Metrolink. It was noted that the Southern California Regional Rail Authority was formed in conjunction with Metrolink. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that a neighborhood meeting be set at 6:00 p.m., Thursday, August 12, 1993, in the cafeteria of Rialto Senior High School, at the southeast corner of Mill Street and Eucalyptus Avenue, in order to obtain public input on the proposal by the Southern california Regional Rail Authority to close Grade Crossing No. 2-84.2 on Eucalyptus Avenue, south of Rialto Avenue. 27 8/2/93 WAIVE FEES $360 GUADALUPE FIELD & GUADALUPE YOUTH LEAGUE FACILITIES- (S-2) In a memorandum dated July 27, 1993, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Guadalupe Youth League is sponsoring a fundraising slow-pitch softball tournament at Guadalupe Field to benefit the Guadalupe Little League. The fee for use of the field is $360, and the league has requested that the fee be waived. This tournament qualifies for a waiver of fees pursuant to Resolution No. 91-35. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request to waive fees for use of Guadalupe Field and facilities by Guadalupe Youth League in the amount of $360, be approved. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT DISTRICT NO. 994 (CITY WIDE). (Alternative A - fixed dollar level criteria) (S-3) RES. 93-297 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT DISTRICT NO. 994 (CITY WIDE) . (Alternative B - annual U. S. Department of Housing & Urban Development criteria) (S-3) city Administrator Shauna Clark explained that when Assessment District No. 994 for Street Lighting/Street Sweeping was established, a low-income refund program was to be developed; and recommended approval of the above resolution that establishes the low-income refund program based upon U. S. Department of Housing & Urban Development criteria. Council Member Member Oberhelman, adopted. Resolution No. 93-297 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 Hernandez made a motion, seconded by Council that said resolution (Alternative B) be ESTABLISH - PROPER PURCHASING AUTHORITY - CITY VEHICLE (S-4) In a memorandum dated July 26, 1993, Shauna Clark, City Administrator, stated that a violation of the Municipal Code had occurred with regard to the lease purchase of Mayor Minor's City vehicle. Mayor Minor requested that the problem be rectified as soon as possible. 28 8/2/93 COUNCIL MEMBER At 2:58 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the City Administrator Shauna Clark provided a synopsis of the action taken relative to the lease purchase of Mayor Minor's City vehicle. Discussion ensued relative to the formal bid process. City Attorney approved with the allocation of funds Penman recommended that the purchase be shorter lease period and that additional for the monthly payment be approved. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the purchase be approved; that the shorter lease period be approved; and that additional allocation of funds for the monthly payment, be approved. (Note: The vote was taken after discussion.) A discussion was held relative to the procedures followed for leasing and lease purchasing of a vehicle. Jeff Wright, P. O. Box 2341, San Bernardino, CA, commended the Mayor and Council for their actions taken to rectify the violation of the Municipal Code with regard to the lease purchase of Mayor Minor's city vehicle. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: None. Absent: None. *Fifth Ward Office Vacant RES. 93-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-284 ENTITLED, IN PART, "RESOLUTION. .. ESTABLISHING ON-SITE IMPROVEMENT PLAN REVIEW FEES AND PERMIT FEES, II TO ALLOW DEPOSITS FOR ESTIMATED COSTS BY LARGE PROJECTS; AND RESCINDING RESOLUTION NO. 92-345. (S-6) Discussion ensued relative to the adoption of said resolution. council Member Pope-Ludlam requested that the on-site improvement plan review fee and permit fee process be referred to a committee. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; and that the on-site improvement plan review fee and permit fee process be referred to the Legislative Review Committee. 29 8/2/93 The motion carried and Resolution No. 93-298 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller. Nays: None. Absent: None *Fifth Ward Office Vacant EMERGENCY FOOD & SHELTER PROGRAM AUTHORIZE APPLICATION & ADMINISTRATION - $30,000 (FEMA XII) FUNDS - PARKS, RECREATION & COMMUNITY SERVICES - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 10 (8) This is the time and place continued to consider authorizing the application and administration of $30,000 in Emergency Food & Shelter National Program (FEMA XII) funds. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Parks, Recreation and Community services Department Director be authorized to apply for and administer $30,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA XII). RES. 93-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY. (Discussed earlier in the meeting) (See Page 13) (21) Roger Hardgrave, Director of Public Works/city Engineer, distributed an analysis of costs associated with the Central City Parking District and how the district was financed, as outlined in a memorandum dated August 2, 1993. Council Member Hernandez made a motion, seconded by Member Pope-Ludlam, that said resolution be adopted. There was no vote taken at this time.) Council (Note: Roger assessed on District. Hardgrave answered questions relative to the tax downtown business owners and the Central City Parking Discussion ensued relative to the tax assessed on downtown business owners and the costs associated with the Central City Parking District. Council Member Oberhelman made a substitute motion that said resolution be continued. The motion failed for lack of a second. Roger Hardgrave explained that the assessment roll would have to go to the County Assessor by August 10th in order to be placed on next year's tax roll. 30 8/2/93 Jeff Wright, P. O. Box 2341, San Bernardino, clarification as to whether the Carousel Mall included in the assessment district. CA, requested parking was It was noted that the Carousel Mall parking is not a part of the assessment district. council seconded by adopted. Member Council Pope-Ludlam made a Member Miller, that substitute motion, said resolution be Resolution No. 93-299 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-LUdlam, Miller. Nays: Council Member Oberhelman. Absent: None. *Fifth Ward Office Vacant CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 3:32 p.m., City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:32 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. At this time, the Mayor and Common Council, acting as the community Development Commission, took action on community Development commission items. There was no action taken on Mayor and Common council items during this portion of the meeting. RECESS MEETING At 4:20 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4: 25 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Miller; City Attorney Penman; Deputy City Clerk Vale. Absent: Council Members Curlin, Pope-Ludlam; City Administrator Shauna Clark. *Fifth Ward Office Vacant COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:25 p.m., Chairman Minor called the Community Development commission meeting to order in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. 31 8/2/93 At this time, the Mayor and Council, acting as the Community Development Commission, took action on Community Development Commission items. COUNCIL MEMBER POPE-LUDLAM RETURNED At 4:28 p.m., Council Member Pope-Ludlam returned to the Community Development commission meeting and took her place at the council table. COUNCIL MEMBER CURLIN RETURNED At 4:30 p.m., Council Member Curlin returned to the Community Development Commission meeting and took his place at the council table. RES. 93-300 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. (R-8A) RES. 93-301 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. (R-8B) RES. 93-302 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. (R-8C) RES. 93-303 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO UNIFIED SCHOOL DISTRICT. (R-8D) RES. 93-304 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS. (R-8E) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. 32 8/2/93 Resolution Nos. 93-300, 93-301, 93-302, 93-303 and 93-304 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant RES. 93-305 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. (R-8F) Council Member Oberhelman made a motion, seconded by council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-305 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 RES. 93-306 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. (R-8G) RES. 93-307 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. (R-8H) RES. 93-308 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. (R-8I) RES. 93-309 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER. (R-8J) RES. 93-310 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHILDREN'S FUND, INC. (R-8K) 33 8/2/93 council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 93-306, 93-307, 93-308, 93-309 and 93-310 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant RES. 93-311 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN AMENDMENTS TO THAT CERTAIN STANDARD AGREEMENT NO. 80-RHC-003 DATED AS OF MAY 6, 1981 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (R-I0) council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-311 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 - CLOSED SESSION (1 & R-12) At 4:54 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 and circumstances, set out below, the City council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(C), so that Council/Commission may whether to initiate litigation; pending Section decide d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic'S right of access to public services or public facilities pursuant to Government Code Section 54957; 34 8/2/93 f. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located southeast of the intersection of 5th Street and the I- 215 freeway: the area bounded bv 5th Street to the north. Rialto Avenue to the south. Santa Fe Intermodal Facility to the east. and Rancho Avenue to the west: the area south of the converqence of State Universitv Parkway and the I-215 freewav: the area bounded bv Palm Avenue to the north. San Bernardino Steel Companv to the south. Industrial Parkway. undeveloped industrial property. and the I-215 to the east. and the ATSF main railway and Caion Boulevard to the west. The identity of each person with whom negotiations are authorized is: Shauna Clark. citv Administrator; 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: Charles Murphv vs. city of San Bernardino. et al - united States District Court Case No. 91-732 GLT (RWRx); Tomas Armendariz vs. James F. Penman. et al - united States District Court Case No. 91-5757; Cole vs. Chavez/City of San Bernardino - San Bernardino Superior Court Case No. 264641; Stubblef ield Construction Companv. et al vs. ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; Superior Court Case No. 252058; Julie Thompson vs. city of San Bernardino. et al - United States District Court Case No. SA CV92-888 GT (RWRx); citv of San Bernardino vs. Bussell. et al - San Bernardino Superior Court Case No. 271568; Saab vs. city of San Bernardino - San Bernardino Superior Court Case No. SCV 234561. 35 8/2/93 David Hatfield vs. city of San Bernardino. et al - United States District Court Case No. SACV 93-317 LHM (RWRx). CLOSED SESSION At 4:54 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant DEPUTY CITY ATTORNEY ROTH ARRIVED At 4:56 p.m., Deputy City Attorney Roth arrived at the closed session. POLICE CHIEF ROBBINS ARRIVED At 5:01 p.m., Police Chief Robbins arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 5:12 p.m., Deputy city Attorney Roth left the closed session. CITY ATTORNEY PENMAN & POLICE CHIEF ROBBINS EXCUSED At 5:20 p.m., City Attorney Penman and Police Chief Robbins left the closed session. ADJOURN CLOSED SESSION At 5: 22 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 5:22 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 "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant 36 8/2/93 ADJOURNMENT (43) At 5:23 p.m., the regular meeting of the Mayor and Common Council adjourned to Monday, August 9, 1993, at 9:00 a.m., in the Economic Development Agency, Board Room, 201 North "E" street, San Bernardino, California. RACHEL CLARK city Clerk a Cordova y city Clerk No. of Items: 66 No. of Hours: 8 37 8/2/93