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HomeMy WebLinkAbout06-15-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 1S, 1992 COUNCIL CHAMBERS The regular meeting Ci ty of San Bernardino Hernandez at 8:3S a.m., Chambers of City Hall, California. of the Mayor and Common was called to order by Monday, June 1S, 1992, 300 North "D" Street, Council of the Mayor Pro Tem in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tem Hernandez; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: Laurence B. Crane vs. City of San Bernardino San Bernardino Superior Court Case No. 229990. RECESS MEETING - CLOSED SESSION (1) At 8:36 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section S49S6. 8. The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section S49S7; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section S49S7.6; 1 06/1S/92 d. 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 S49S7; e. to confer with the attorney regarding pending li tigation pursuant to Government Code Section S49S6.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding Ii tigation pursuant to Government Code S49S6. 9 (c) , so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer wi th the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section S49S6.9(a) as follows: Stubblefield Construction Comoany, et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 2S20S8; County vs. Citv of San Bernardino IRDA\ - San Bernardino Superior Court Case No. 2S8241; Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E0086S2; Citv of San Bernardino vs. Libertv Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-S7S7 CMB (WRx); City of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Walker. Brenda vs. Ci tv of San Bernardino. et al - United States District Court Case No. 91-S239 MRP (Jrx); Barrera vs. City of San Bernardino Municipal Court Case No. 117037; San Bernardino Gaitan vs. City of San Bernardino - United States District Court Cast No. 91-S41S HLH (GHKx). 2 06/1S/92 CLOSED SESSION At 8: 36 a.m., Mayor Pro Tem Hernandez 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 Krasney with the following being present: Mayor Pro Tem Hernandez; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Miller. Also present: Deputy City Attorney Simmons, City Attorney's Office. READING OF RESOLUTION & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:40 a.m., Council Member Miller arrived at the closed session. MAYOR HOLCOMB ARRIVED At 8:47 a.m., Mayor Holcomb arrived at the closed session. ADJOURN CLOSED SESSION At 8:S1 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9: 32 a.m., Mayor Holcomb 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 Krasney following present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney City Clerk Krasney, City Administrator Clark. Absent: Member Pope-Ludlam. with the Estrada, Penman, Council INVOCATION The invocation was given by Chaplain David Randolph, San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. 3 06/1S/92 ANNOUNCEMENT COUNCIL MEMBER ;'!ILLER CELEBRATION - SECCOMBE LAKE PARK 4TH OF JULY (2) Council Member Miller stated that the City of San Bernardino is sponsoring a 4th of July celebration including a Symphony Orchestra Pops concert and a fireworks show at Seccombe Lake Park, and encouraged all citizens to attend. She explained that the event would be recorded and replayed on Channel 3 at a later date. ANNOUNCEMENT - MAYOR HOLCOMB - RITES OF SPRING MUSICAL SERIES - ROOSEVELT BOWL - PERRIS HILL PARK (2) Mayor Holcomb stated that the Department of Parks, Recreation and Community Services is sponsoring the Rites of Spring concert series that will be held at the Roosevelt Bowl in perris Hill Park. He encouraged all citizens to attend the free concerts. ANNOUNCEMENT - MAYOR HOLCOMB - STATE BUDGET (2) Mayor Holcomb expressed concern over proposed State budget action that could potentially eliminate the property tax, and other sources of revenue received by cities. He felt that the best 8_pproa.ch for the City at this time would be to be very conservative in spending monies that could be used for general fund purposes, in the event that certain State revenue sources are reduced or eliminated. COUNCIL MEMBER At 9:40 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the COMMENDATION MONSIGNOR JOHN JOSEPH BRADLEY BERNARDINE'S CHURCH - GOLDEN JUBILEE ST. (4) J. Lorraine Velarde, Executive a commendation honoring Monsignor Bernardine 's Church for his Golden service to God and his Church. retiring after thirty-one years at Assistant to the Mayor, read John Joseph Bradley of St. Jubilee, and fifty years of Monsignor Bradley will be St. Bernardine's Church. Monsignor John Joseph Bradley accepted the commendation. Also present were Monsignor Bradley's cousins, Patrick and Bridie Darcey, who accepted a certificate of friendship and a set of wine glasses from Mayor Holcomb. Bill Lemann encouraged the Council and citizens of San Bernardino to support St. Bernardine's "Let History Live" campaign to raise funds for the renovation and seismic improvements of St. Bernardine's Church. 4 06/1S/92 COMMENDATION - CAROUSEL Y~LL - SECURITY FORCES (4) J. Lorraine Ve:arde, Executive Assistant to the Mayor, read a commendation to the Security Force Unit of the Carousel Mall for its outstanding service and dedication in securing a safe environment for the citizens of San Bernardino. Mr. Tony Valencia and Sgt. Dan Hernandez accepted the commendation on behalf of the Security Force Unit. COMMENDATION - ODYS~~Y OF THE MIND TEAM (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to the San Bernardino Unified School District Odyssey of the Mind Team members Greg Stitt, Brian Rock, Bryce Besser, Kasey Chapman, Rory Schermerhorn, Ryan Rainbolt, and Chad Thompson; and explained that the Odyssey of the Mind program is a competitive problem solving program for students of all ages. Linda Stitt, Odyssey of the Mind Team Coach accepted the commendation. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. PUBLIC COMMENTS - JEAN ANDERSON - CHARTER AMENDMENTS (3) Jean Anderson, 3309 North "H" Street, San Bernardino, CA, requested that the Mayor and Council review the recommendations of the Charter Review Committee, and consider them prior to proposing any future charter amendments. She further stated that the public must be allowed input to proposed charter amendments prior to their being placed on the ballot; and that there should be a time limit for overriding executive orders. She also suggested that guidelines be established to qualify ordinances for an "urgency" status. PUBLIC COMMENTS MEASURE F BOB BRITTON CHARTER AMENDMENT (3) Bob Britton, 290 West S9th Street, San Bernardino, CA, with a business located at 171 South Waterman, San Bernardino, CA, spoke in opposition to Measure F on the June 2, 1992 ballot. He felt that Measure F would be harmful to the local Inland Empire economy by requiring preferential treatment of contractors located in the City, and that the public should have been allowed S 06/1S/92 input into the drafting of the amendment. PUBLIC COM..'lENTS MEASURE F TONY GRASO CHARTER AMENDMENT (3) Tony Graso, District Manager, Associated General Contractors of California, 1908 Business Center Drive, San Bernardino, CA, expressed opposition to Measure F on the June 2, 1992 ballot. PUBLIC COMMENTS - JEANETTE VANCE - CHARTER AMENDMENT MEASURE F (3) Jeanette Vance, Rialto, CA, expressed ballot. Vance Corporation, 2271 North Locust, opposition to Measure F on the June 2, 1992 PUBLIC COMMENTS MEASURE F MIKE KUNERT CHARTER AMENDMENT (3) Mike Kunert, Kunert Electric, 2349 South Gardena, San Bernardino, CA, spoke in opposition to Measure F on the June 2, 1992 ballot. PUBLIC COll.u."'1ENTS MEASURE A GARY TFTT"OT"'l"C" AJ..L\.O~ CHARTER ~lENDMENT (3) Gary Kirby, 1S0S Yardley, San Bernardino, CA, stated that the position of Mayor should be part-time, and that the Council should be vested with executive powers that would be delegated to the City Administrator to supervise, coordinate, and administer the day-to-day responsibility of the city on behalf of the Council. PUBLIC COMMENTS - BOB CANTU (3) Bob Cantu, Cantu Incorporated, 362 North "D" Street, San Bernardino, CA, requested a response to letters previously submitted relative to the renovation of historic buildings in the City of San Bernardino. PUBLIC COM..'lENTS - SUSAN JOHNSON - CHARTER AMENDMENTS (3) Susan Johnson, a resident of San Bernardino, CA, stated that the City Administrator's position should be an elected position, with the salary established by a vote of the people. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (S) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of 6 06/1S/92 all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Minor, and unani.mously 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: April 6, 1992. SET PUBLIC HEARING - JULY 20, 1992 - PLANNING FEES (7) In a memorandum dated June 4, 1992, Al Boughey, Director of Planning and Building Services, requested that a public hearing be set for July 20, 1992 to consider modifying planning fees. Staff has surveyed the cities within the Inland Empire to determine the amount of fees being charged for various development review services. The result of this survey, and an analysis of the City's cost for providing planning services is 42% below the median of the other cities in the Inland Empire. It is estimated that if the City adjusts its planning fee schedules for development review services that are approximately the median of the Inland Empire, Planning will cover the cost of processing most planning cases. The proposed increases in Planning fees are currently being reviewed by the Ways and Means Committee. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that a public hearing be set for July 20, 1992 at 2:00 p.m. to consider the revision of planning fees. PROPOSED STREET STREET & SPRUCE PLAN APPROVAL VACATION PICO AVENUE BETWEEN STH STREET - AUTHORIZATION TO PROCEED & (9) In a memorandum dated May 18, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Father Ray Rosales, Pastor of Our Lady of Guadalupe Church at 1430 West Fifth Street, which lies along the west side of the portion of Pico Avenue proposed for vacation. The Church owns all of the adjoining properties on both sides of Pico Avenue between Fifth Street and Spruce Street, and would like to vacate that portion of Pico Avenue intersecting with Fifth Street which is substandard in size when compared to other City streets, as it is only 26.2 feet wide, while P ico Avenue north of Spruce Street is Sl.2 feet wide. This proposed street vacation would benefit the Church by giving it more usable land for parking, access, etc., would eliminate east or west 7 06/1S/92 bound traffic congestion caused when traffic slows to enable cars to enter Pico Avenue from Fifth Street, and would eliminate public access to Fifth Street from Pico Avenue. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Pico Avenue between Sth Street and Spruce Street; and that Plan No. 8733, showing the proposed vacation of a portion of Pico Avenue between Sth Street and Spruce Street, be approved. UNDERGROUND UTILITY DISTRICT NO. 19 - ZONE AVENUE UNDERGROUNDING OVERHEAD AUTHORIZATION TO PROCEED 2 - WATERMAN UTILITIES- (10) In a memorandum dated May 28, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that in November, 1988, authorization was granted to proceed with the formation of Underground Utility Assessment District No. 19 along Waterman Avenue, between 9th Street and the Santa Ana River. All property owners in the district and affected utilities were notified, a public hearing was held, and in June, 1989 a resolution \"las .3.doptcd creating Underground Utility Assessment District No. 19. Actual undergrounding will be done in phases, due to the large area covered by the district. All property owners within Zone 2, which extends along Waterman Avenue from Sth Street to 9th Street, were given notice to convert all overhead utilities to underground, from their property line to the service point, by May 1S, 1992. An inspection of all properties in Zone 2 was done and those properties listed herein have not completed the necessary work. Pursuant to San Bernardino Municipal Code Section 13.060.090, any work not performed within the prescribed time can be caused to be completed by the Director of Public Works /Ci ty Engineer. The cost for completing the necessary work would be paid for out of the Assessment District Reserve fund, which would then be reimbursed through assessments collected on the property tax rolls. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that pursuant to Chapter 13.36 of the San Bernardino Municipal Code, the Director of Public Works/City Engineer is hereby authorized and directed to cause the installation of underground utilities for the following parcels located within Underground Utility District No. 19, Zone 2: 0279-021-03, 0279-021-01, 0279-022-40, 0279-031- 38, 0136-303-06, 0279-321-14, 0136-331-01, 0136-271-24, 0136-261- 29, 0136-073-20. 8 06/1S/92 TRAFFIC SIGNAL MODIFICATION - HIGHLAND AVENUE (STATE ROUTE 30) & LINCOLN DRIVE APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (11) In a memorandum dated May 26, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the modification of traffic signals at Highland Avenue (State Route 30) and Lincoln Drive, have been prepared and the project is ready to be advertised for bids. The project consists of providing left turn phases for Highland Avenue. The total estimated project cost is $98,000. The Cooperative Agreement with the State of California provides that the cost would be equally borne by the State and City. The City's share would be financed from the $22,SOO paid by the two adjoining developments as mitigation measures, $18,7S0 paid by the Home Depot, and local agency street construction funds. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for modification of the traffic signals at Highland Avenue (State Route 30) and Lincoln Drive, in accordance with Plan No. 8S64, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CHANGE ORDER NO. SIX WATE~~N AVENUE, FROM MILL STREET TO STH STREET - PLACE FILL MATERIAL & REPAVE ROAD ENTRANCES AT EXISTING FLOOD CONTROL ACCESS ROADS- PAVEMENT REHABILITATION INCREASE CONTRACT PRICE $11,081.8S FROM $1,lSl,4S0.12 TO $1,162,S31.97 - E. L. YEAGER CONSTRUCTION (12) In a memorandum dated May 19, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that the bridge over the east Twin Creek Channel on Waterman Avenue was widened by the pavement rehabilitation project between Mill Street and Fifth Street. This widening necessitated that the four driveway approaches to the access patrol roads, along both sides of the Flood Control Channel, be removed and reconstructed. After reconstructing those driveway approaches, it was found that there was a difference in elevation of about three feet to the existing patrol roads. In order to maintain access to these roads, in accordance with the requirements of the permit from the San Bernardino County Flood Control District, it was necessary to construct ramps from the roads to the new driveway approaches. The Flood Control District required that the ramps be paved, since the access roads are paved. The contractor quoted a price of $11,081.8S to construct and pave these four ramps. There is a balance of $177,710.88 in contingency funds that would be used to finance the cost for this extra work. Federal-Aid Urban Funds would be used to finance approximately 86% of the additional cost authorized by this change order. 9 06/1S/92 Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that Change Order No. Six to the contract with E. L. Yeager Construction for the pavement rehabilitation on Waterman Avenue, from Mill to Sth Street, in accordance with Plan No. 8038, be approved; to authorize the contractor to place fill material and repave the road entrances at the existing flood control access roads, for an increase in the contract price of $11,081.8S; from $1,lSl,4S0.12 to $1,162,S31.97. CLAIMS AND PAYROLL (14) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated May 27, 1992, from the Director of Finance, be approved. PERSONNEL ACTIONS (15) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 4, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (16) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to July 20, 1992. RES. 92-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ENVIRONMENTAL HEALTH SERVICES RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN BERNARDINO. (17) RES. 92-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (18) RES. 92-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH ARNOLD M. STEIN, M.D., RELATING TO MEDICAL SERVICES. (19) 10 06/1S/92 RES. 92-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO PRE- EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY EMPLOYEES. (20) Council Member Hernandez made a motion, seconded by Council member Minor, that said resolutions be adopted. Resolutions 92-198, 92-199, 92-200, and 92-201 were by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Absent: None. adopted Reilly, None. RES. 92-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. RELATING TO THE OPERATION OF A DROP- IN CENTER LOCATED AT 1S24 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR PERIOD. (21) Council Member Hernandez made a motion, seconded by Council member Minor, that said resolution be adopted. Resolution No. 92-202 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. RES. 92-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI, A PRIVATE NON-PROFIT AGENCY, TO PROVIDE WORK CREWS TO PERFORM MAINTENANCE DUTIES AT CITY PARKS FACILITIES. (22) RES. 92-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 1S POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (23) RES. 92-20S - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE ~~TICH CORPORATION FOR WIDENING TIPPECANOE AVENUE, FROM LAURELWOOD STREET TO HARDT STREET. (24) 11 06/1S/92 RES. 92-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ARCHIVING AND DESTRUCTION OF CERTAIN VIDEOTAPES OF MEETINGS OF THE COMMON COUNCIL. (32) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-203, 92-204, 92-20S and 92-206 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. JULY 4TH CELEBRATION - SECCOMBE LAKE PARK - FUNDING REQUEST - $10,000 (8) In a memorandum dated June 1, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Parks, Recreation and Community Services, in conjunction with the Inland Empire Symphony has requested civic and promotional funding in the amount of $10,000 to assist with the 4th of July celebration at Seccombe Lake Park. The Council discussed whether it was appropriate to spend approximately $30,000, with the authorization of this request for $10,000, fer the 4th of July celebration during these tight budgetary times, or if these special fund monies should instead be transferred into the general fund. City Administrator Clark explained that civic and promotional funds are generated from a 1% cultural development fee imposed on commercial development; however, in the past few years as building activity has slowed the fund has been supplemented by the general fund. Council Member Hernandez made a motion, seconded by Council Member Estrada, that funding in the amount of $10,000 be allocated from the civic and promotional account to assist the Parks, Recreation and Communi ty Services Department in conjunction with the Inland Empire Symphony in the celebration of 4th of July at Seccombe Lake Park. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: CHANGE ORDER NO. FOUR MEECHUM CANYON CHESTNUT AVENUE STORM DRAIN ZONE 2 - ASSESSMENT DISTRICT NO. 987 - PLACE CONCRETE & RIP RAP AT WATER CHUTE OF RETENTION BASIN - CONSTRUCTION OF A STORM DRAIN & RETENTION BASIN INCREASE CONTRACT PRICE - $19,89S FROM $2,SS6,3S6.22 TO $2,S76,2S1.22 - RIVERSIDE CONSTRUCTION (13) 12 06/1S/92 In a memorandum dated June 3, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that construction of the retention basin at Meechum Canyon, as part of the Chestnut Avenue Storm Drain System, would provide protection from possible flooding of the area. The water chute at the top of the retention basin, directly above the spillway, was constructed to provide the retention basin with an overflow mechanism, preventing the walls of the retention basin from being breached. Concrete and rip rap were originally included in the plans in order to control erosion and prevent potential damage in case of an overflow from the basin. However, these items were deleted in a cost saving measure. The Contractor has stated that he would not assume responsibility for any damage to the spillway if the concrete and rip rap were not constructed. The project is nearing completion and there are sufficient contingency funds to finance the concrete and rip rap which would reduce the City's exposure for maintenance costs in the future. The contractor has quoted a price of $19,89S for constructing the concrete and rip rap protection at the water chute. There is a current balance of $33S,711.81 in contingency funds that would be used to finance the cost of the additional work. Roger Hardgrave, Director of Public Works/City Engineer, answered questions from the Council regarding the change order. He explained that the additional work was not mandatory; however, was additional protection against damage should a severe storm occur. He stated that since contingency funds were available it was prudent to perform the additional work. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that Change Order No. Four to the contract with Riverside Construction for the construction of a storm drain and retention basin, located at Meechum Canyon, in accordance with Plan No. 8163 be approved; to authorize the contractor to place concrete and rip-rap at the water chute of the retention basin for an increase in the contract price of $19,89S from $2,SS6,3S6.22 to $2,S76,2S1.22. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:37 a.m., Council Member Pope-Ludlam left the Council meeting. ASSESSMENT DISTRICT NO. 9S9 - KENDALL DRIVE - SHANDIN HILLS CIRCLE EXTENSION OF CONTRACT LANDSCAPE MAINTENANCE - PLAN NO. 6360 (1992-93) - MENTONE TURF SUPPLY (25) Roger Hardgrave, Director of Public Works/City Engineer, answered questions from the Council regarding the Sewer Line Construction Fund. He stated that the Sewer Line Construction 13 06/1S/92 Fund has a balance of approximately $3 million, which has been held for the construction of an intercept line in the northwest part of the City. He explained that the assessment districts were established to be pre-funded through the general fund, and then repaid the following year from assessments on the properties. The costs are accumulated one year and the actual costs are assessed the following year, and reimbursed. Due to the lean budget situation, staff has sought other funding sources for pre-funding the assessment districts. Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Three to the contract with Mentone Turf Supply, for the maintenance of landscaping in Assessment District No. 9S9, in accordance with Plan No. 6360, be approved; to expand the scope of work to include landscape areas on Kendall Drive and Shandin Hills Circle, at an increase in the annual contract price of $28,903.08; extend the term of the contract for a one-year period, from 7-1-92, to 6-30-93; and increase the original contract unit prices by 3.7S%; and that the following resolution be adopted: RES. 92-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (251), IN THE P~~OUNT OF $185,721.00 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN TRACT NO. 129S8, THROUGH ASSESSMENT DISTRICT NO. 9S9. (25) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-207 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Counc il Member Pope- ASSESSMENT DISTRICT NO. 9S3 16TH STREET, FROM CALIFORNIA STREET TO MEDICAL CENTER DRIVE - EXTENSION OF CONTRACT - LANDS CAP ING MAINTENANCE - PLAN NO. 6177 (1991-92) - MENTONE TURF SUPPLY (26) Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Two to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District No. 9S3, in accordance with Plan No. 6177, be approved, to extend the contract for a period of one year, from 7-1-92 to 6-30-93, at a 3.7S% increase to contract unit prices, for an increase in the annual contract price of $247.20, from $6,S92.00 to $6,839.20; and that the following resolution be adopted: 14 06/1S/92 RES. 92-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (2S1), IN THE AMOUNT OF $14,378.00 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF SIXTEENTH STREET, THROUGH ASSESSMENT DISTRICT NO. 9S3. (26) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-208 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Counc il Member Pope- ASSESSMENT DISTRICT NO. 982 - PIEDMONT DRIVE & CITRUS STREET - EXTENSION OF CONTRACT - LANDSCAPE MAINTENANCE - PER PLAN NO. 7384 - MACKENZIE LANDSCAPE (27) Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Three to the contract with MacKenzie Landscape, for the maintenance of landscaping in Assessment District 982, in accordance with Plan No. 7384, be approved; to extend the contract for a period of one year, from 7-1-92 to 6-30-93, at a 3.7S% increase to the contract unit prices, for an increase in the annual contract price of $277.43, from $7,398.00 to $7,67S.43; and that the following resolution be adopted: RES. 92-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (2S1), IN THE AMOUNT OF $16,988.00 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF PIEDMONT DRIVE AND CITRUS STREET, THROUGH ASSESSMENT DISTRICT NO. 982. (27) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-209 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- ASSESSMENT CONTRACT SUPPLY DISTRICT NOS. 9S1 & 9S2 LANDSCAPE MAINTENANCE EXTENSION OF MENTONE TURF (28) Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Seven to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District Nos. 9S1 and 9S2, in accordance with Plan No. 6192-A and 60S6-A, be approved; to extend the contract for a period of one year, from 7-1-92 to 6-30-93, at a 3.7S% increase 1S 06/1S/92 to the contract unit prices, expanding the scope of the contract to include the median and maintenance area on Northpark Blvd., west of Mountain Drive, and increase the contract price by $27,92S.92, from $89,811.22 to $117,737.14; and that the following resolution be adopted: RES. 92-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (2S1), IN THE AMOUNT OF $149,611.00 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE, UNIVERSITY PARKWAY AND NORTH PARK BOULEVARD, THROUGH ASSESSMENT DISTRICTS NOS. 9S1 AND 9S2. (28) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-210 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- ASSESSMENT DISTRICT NO. 993 - JUNE STREET/CAJON BLVD.- EXTENSION OF CONTRACT LANDSCAPE MAINTENANCE- RETENTION BASINS IN TRACTS 14184 & 1418S J & R LANDSCAPE DBA EXCEL LANDSCAPE (29) Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Two to the contract with Excel Landscape for the maintenance of Assessment District No. 993, in accordance with Plan No. 81SS, be approved; to extend the contract for a period of one year, from 7-1-92 to 6-30-93, increasing the scope of work to include the retention basin on Cristy & Don Diego Avenues, and increasing the contract price by $4,486.60, from S14,9S7.30 to $19,443.90; and that the following resolution be adopted: RES. 92-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (2S1), IN THE AMOUNT OF $28,lS2.00 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN RETENTION BASINS IN TRACTS NOS. 14184 & 1418S, THROUGH ASSESSMENT DISTRICT NO. 993. (29) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-211 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Counc il Member Pope- 16 06/1S/92 ASSESSMENT DISTRICT NOS. 974, 97S, 981, 986 & 989- EXTENSION OF CONTRACT - LANDSCAPE MAINTENANCE - PLAN NOS. 6998, 7118-A, 7316, 764S & 7781 - J & R LANDSCAPE MAINTENANCE, INC. DBA EXCEL LANDSCAPE (30) Council Member Estrada made a motion, seconded by Council Member Hernandez, that Change Order No. Four to the contract with Excel Landscape, Inc. for maintenance of landscaping in Assessment District Nos. 974, 97S, 981, 986 & 989, in accordance with Plan Nos. 6998, 7118-A, 7316, 764S & 7781 be approved; to extend the contract for a period of one year, from 7-1-92 to 6- 30-93, at a 3.7S% increase to the contract unit prices; and that the following resolution be adopted: RES. 92-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE CONSTRUCTION FUND (24S) TO THE SPECIAL ASSESSMENT FUND (2S1), IN THE AMOUNT OF $84,708.77 TO FRONT THE ESTIMATED COSTS TO BE INCURRED DURING THE 1992-93 FISCAL YEAR, IN CONNECTION WITH THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 974, 97S, 981, 986 AND 989. (30) Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-212 was adopted by the following vote: l1embers Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- RES. 92-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO DARELL BARBARICK (D & J DISCING) FOR THE FURNISHING AND DELIVERY OF WEED ABATEMENT SERVICE, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-01. (31) Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-213 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- RECESS MEETING At 10:40 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 10:48 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. 17 06/1S/92 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. PUBLIC HEARING - ASSESSMENT DISTRICT NO. PEPPER LINDEN CONFIRMING ASSESSMENT ISSUANCE OF BONDS 1003 - CAJON & & AUTHORIZING (35) This is the time and place set for a public hearing relative to Assessment District No. 1003, (Cajon and Pepper Linden), to consider confirming the assessment and authorizing the issuance of bonds. In a memorandum dated May 26, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Council previously authorized the proceedings to commence the formation of a special assessment district to allow for the public financing of improvements to be constructed within Assessment District No. 1003. The property owners have been notified of their estimated assessments. Adoption of the proposed resolutions would formally confirm assessments in the assessment district, a.nd authorize the issuance of bonds to finance the improvements, as well as approved forms of a Bond Indenture, Bond Purchase Agreement and Preliminary Official Statement for the sale of said bonds. Mayor Holcomb opened the hearing. Bob Gill, Century Homes, 1S3S South "D" Street, San Bernardino, CA, requested Council support for recording the improvements installed by Century Homes. He explained that all potential home buyers are fully informed of the assessments prior to determining that the buyers can financially qualify to purchase a home. He stated that this assessment would cost the home buyer approximately $800 annually, or $72 a month. David Schultz, San Bernardino Valley Board of Realtors, 1798 North "D" Street, San Bernardino, CA, explained that when a home buyer is qualified to purchase property they are qualified on the basis of total housing expenses which includes loan principal, interest, taxes, insurance, maintenance and utility costs. RES. 92-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN ASSESSMENT DISTRICT NO. 1003. (35-A) 18 06/1S/92 RES. 92-21S - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ISSUANCE OF BONDS AND APPROVING FORMS OF BOND INDENTURE, BOND PURCHASE AGREEMENT AND PRELIMINARY OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT NO. 1003. (35-B) Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed; and that said resolutions be adopted. (Note: There was no vote taken at this time. ) Council Member Minor made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 92-214 and 92-21S were following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Nays: Hernandez. Absent: None. adopted by the Estrada, Reilly, Council Member COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:2S a.m., Council Member Pope-Ludlam left the Council meeting. IMPASSE HEARING - MIDDLE-MANAGEMENT NEGOTIATIONS (33) This is the time and place set for an impasse hearing declared by the San Bernardino Public Employees Association (SBPEA) for the Middle-Management bargaining group. In a memorandum dated June 4, 1992, Barbara Dillon, Director of Personnel, stated that the contract with the Middle Management employees expired on December 31, 1991. The previous contract was for an eighteen-month period, from July 1, 1990 to December 31, 1991. Under that contract, the Middle Management employees received compensation and benefits including, but not limited to, salary increases and increases in the City's contribution toward employee health premiums. Seventy-seven of the authorized eighty-four positions in the unit were filled and received raises. The cost of implementing the salary increases was an additional $424,422 per year, or an average of $S,S12 per employee. Significant progress has been made during the thirteen negotiating sessions held between October, 1991 and March, 1992. On April 24, 1992, the City received a letter from the San Bernardino Public Employees Association (SBPEA) declaring impasse and requesting to initiate impasse procedures. An impasse meeting was held on May 11, 1992. Following a hearing on the 19 06/1S/92 merits of the dispute, both the SBPEA and the City Team decided to follow Option B of the impasse procedures outlined in Resolution No. 10S84. The Mayor and Council set Monday, June 1S, 1992, as the time for an impasse hearing. In its impasse letter, SBPEA listed the following five areas of disagreement. 1. proposed this to 1992 . Contract Term. The City Team proposed two years. SBPEA eighteen months in its March 9, 1992 offer and revised one year in its impasse letter received on April 24, 2. Reooener on Salary and Benefits. SBPEA has requested that the City "reopen" salaries and benefits of Middle Management employees, if any other unit receives an increase. SBPEA clarified this to exclude Police and Fire Safety employees. When SBPEA received raises in 1991, other bargaining units did not get reopeners. Reopening the contract when the City has little or no money raises false hopes for employees. 3. Lona-Term Disabilitv. The current MOU requires all Middle Management employees to participate in the City sponsored long-term disability (LTD) insurance plan. Employees currently pay the premium for this insurance. City Team has offered 50% payment versus SBPEA's proposal of 100% payment. The effective date of pa}'!nent would be based on approval by the Mayor and Council. 4. Overtime. The City Team proposed a comprehensive overtime article, which SBPEA rejected. The City Team then presented the proposal included in its Last, Best and Final Offer, affecting three positions, who would be transferred from the Group II Classification (compensatory time off) to other overtime categories. S. Sick Leave Conversion. SBPEA proposed that effective July 1 of each fiscal year, the City convert for each employee in this unit all sick leave hours in excess of 266 hours into dollars at the employees' current rate. SBPEA stated that its proposal would benefit both the City and the employees and may generate new monies for the City. The City Team disagrees that the proposal would result in cost savings to the City. Additionally, the City Team believes that if this type of program is implemented, it should be done on a city-wide basis, not just for one unit. As of February 28, 1992, the City Team proposal includes the following proposed economic features in addition to the terms of the current Memorandum of Understanding with SBPEA: 1) change from a seven-step salary scale to a five-step salary scale, annual cost of $8,466; 2) $.10/hour increase for swing shift and graveyard/night shift employees, annual cost of $7S8; and 3) fifty percent of long-term disability (LTD) premium paid by the 20 06/1S/92 City, annual cost $12,000. The total annual cost for these economic items is $21,224. The City Team proposed the following non-economic items: 1) two-year contract; 2) standardized grievance and tuition reimbursement procedures; 3) elimination of compensatory time category; 4) provision to meet and confer on work rules; S) non-discrimination language on Americans with Disabilities Act (ADA); and 6) "clean-up" language on various personnel practices. Mayor Holcomb opened the hearing. Barbara Dillon, Director of Personnel, answered questions from the Council regarding the City's Last, Best and Final Offer. She explained the areas of agreement, and the areas of dispute between the City and SBPEA. She explained that the salaries of middle management employees range from $3S,770 to $69,414, with variable fringe benefits of 21.37% that rise with salary. Susan Tarvin, Labor Relations Representative, San Bernardino Public Employees Association (SBPEA), 433 North Sierra Way, San Bernardino, CA, stated that SBPEA was aware of the City's fiscal constraints, and that during negotiations the City and SBPEA reached a tentative agreement on fourteen no cost and low cost issues; that seven of SBPEA's original proposals were withdrawn during negotiation; and that SBPEA agreed to all six of the Ci ty' s proposals. She stated that there are only four issues remaining, between the City and the SBPEA, which have reached impasse: the term of the agreement, a reopener on salary and benefits, long-term disability, and sick leave conversion. Ms. Tarvin indicated that the issue of overtime was withdrawn because they feel a more comprehensive solution is needed, and would like to return with the overtime issue at a later date. She explained SBPEA's position, and answered questions from the Council regarding the impasse issues. Mr. John Tucker, Chairman of the SBPEA negotiation committee, explained that the sick leave conversion program has been modified from its original format so that implementation would be deferred until a later date. He explained that SBPEA's offer would cost approximately $lS0, 000 annually including the sick leave conversion program; and that if the sick leave conversion program was omitted from the package the total annual cost would be approximately $12,000. Discussion ensued regarding the four issues of impasse, and the amount of time spent by staff in negotiations with the five employee bargaining units. the and Gary Kirby, 1S0S Yardley, San Bernardino, CA, employee unions should concentrate on the welfare not their own finances. stated that of the City 21 06/1S/92 Council Member Member Miller, and closed. Minor made unanimously a motion, carried, seconded that the by Council hearing be Ms. Dillon recommended that the Council approve the City's Last, Best and Final Offer for an annual cost of approximately $21,000. Council Member Minor made a motion, seconded by Council Member Miller, that the City's Last, Best, and Final Offer be adopted for a one-year contract period. (Note: There was no vote taken at this time.) City Administrator Clark requested effective date of the contract. She effective date of contract be the date the contract which is today's date. clarification on recommended that Council adopts the the the new COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:31 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. The Council requested a comparison of salary and benefits for all five employee bargaining units and expressed concern relative to the City's Acnnomic ability to pay for any additional benefits. Council Member Hernandez made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the consideration of the Middle-Management impasse hearing negotiations be continued to later in the meeting. (See page 26) RECESS MEETING At 11:39 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:48 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 Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:48 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 06/1S/92 PROPOSED DEVELOPMENT INCENTIVES & LINKAGE (DIAL) IN LIEU OF ENTERPRISE ZONE INCENTIVES PROGRAM (R-5) In a memorandum dated June 9, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that in 1986 the City of San Bernardino applied for a competitive statewide Enterprise Zone. The City was unsuccessful in its effort and was not awarded State designation; however, a local Enterprise Zone program, which included housing, was developed as a strategy that reasoned such a positive display of local initiative would enhance the City's chances of being selected by the State in subsequent Enterprise Zone program competitions. Unfortunately, the State program was terminated due to the lack of State funds and higher priorities. The primary goal of the Enterprise Zone program was to attract and retain businesses within economically distressed areas of the municipality. A key benefit of achieving this goal was the creation of permanent jobs for City residents; however, the City has determined that the program is expensive to operate as presently structured. Further, it was observed that in many instances the City financial incentives were often a developer's pleasantly discovered windfall rather than the initial reason or motivation a business was started or house constructed. In deference to dwindling City resources and acknowledgment that elements of the City Enterprise Zone Program are desirable, the Development Incentives and Linkage (DIAL) program has been developed. Key elements of the existing program's revision are as follows: 1) eligible geographical areas are limited to major Ci ty thoroughfares; 2) the Economic Development Agency would financially underwrite the provision of incentives on a case-by- case basis; 3) zoning for the proposed use must be compatible with the City's General Plan and redevelopment plan if the project lies in whole or in part of an adopted redevelopment project area; 4) residential incentives are eliminated and, in the alternative, such assistance would be afforded through the Development Department's existing housing rehabilitation and infill housing programs on a case-by-case basis in scattered or targeted sites within redevelopment project areas; S) applications for assistance would not be approved retroactively; 6) eligibility would be certified by the Development Department; and 7) the fee rebate period has been shortened from three to two years and in some cases to one. The Legislative Review Committee at its June 3,1992 meeting recommended approval of staff's recommendation. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the proposed revision of the City Enterprise Zone Program; limit incentives to commercial and industrial development abutting designated streets; and adopt the 23 06/1S/92 staff drafted program as revised. BLOCK WALL CONSTRUCTION FREEWAY 330 SOUND BARRIER CROSSTOWN (R-9) In a memorandum dated June 10, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on April 6, 1992 the City awarded a contract for the construction of a concrete block wall fence sound barrier along Buckeye Street adjacent to the south side of the Crosstown freeway 330 to mitigate vehicular traffic noise from the nearby freeway. Staff contacted all affected property owners to solicit their opinions regarding the wall and obtain required permission for rights of entry onto the properties. The erection of the wall would accomplish two goals: reduce the level of freeway noise suffered by abutting property owners; and eliminate visual blight resulting from a partially completed wall. Although two parcel owners signed a questionnaire and petition in support of the wall, they failed to formally submit required documentation to facilitate and authorize construction of the wall on their property. Additionally, there is a vacant parcel owned by the State of California that also contributed to the unsightliness of the area. The cost of constructing and inspecting the wall on these three parcels is approximately sixty-three dollars ($63.00) per foot, plus an additional fifteen percent (lS%) for move in, clearance, grubbing and mobilization, for a total estimated project cost of $18,000. The Redevelopment Committee at its June 4, 1992 meeting recommended that the Commission authorize completion of the wall on all three parcels, subject to the investigation and availability of eligible funds. Staff has determined that an eligible and sufficient source of funding would be Collateralized Mortgage Residual monies" Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve allocation of $18,000 from the Agency's Collateralized Mortgage (CMO) Residual Fund to construct a blockwall fence sound barrier adjacent to the Crosstown freeway 330 parallel to 1604, 1682 and 1700 Buckeye Street. TRW TRANSITION PROGRAM (R-ll) In a memorandum dated June 9, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that the TRW Ballistic Missile Division has recently terminated approximately 300 personnel at Norton Air Force Base. It is projected that a similar number of positions may be cut within the next three to five years. TRW has indicated a willingness to provide employment for its Norton employees facing termination during a training program, assign 24 06/1S/92 personnel to develop business plans for new ventures, and capitalize and launch new business ventures within their firm if the current staff could be employed therein. The Inland Empire Economic Council, through its Inland Empire Small Business Assistance Group, has pursued and made commitments to TRW to assist them in their efforts. To do this, they have identified specific needs, such as project management, staff, travel and marketing expenses required to develop an integrated program model and business plan. Upon completion of those objectives, the Inland Empire Small Business Assistance Group modeled project would be operated under the auspices of TRW, the Center for Environmental Technology at University of California at Riverside, and State and local job training agencies. The Inland Empire Economic Council has pursued a grant in the amount of $42,SOO from the State Employment Development Department (EDD) to provide partial and interim financing for the program. In an effort to facilitate approval of the grant, EDD has requested, that the City serve as the applicant in lieu of the Inland Empire Economic Council. Upon the Mayor and Council's approval, staff would prepare a grant application in the amount of $42, SOO which represents Inland Empire Economic Council's original anticipated grant request. In an effort to comply with general accounting and administrative procedures, it is recommended that a disbursement and use agreement be created and signed between the Inland Empire Economic Council and the City for the use of said funds. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize staff to prepare and submit a grant application to the State Employment Development Department (EDD) in the amount of $42,SOO; and prepare and enter into a disbursement and use agreement between the Inland Empire Economic Council (IEEC) and the City of San Bernardino for the use of said funds. EMERGENCY SHELTER GRANT PROGRAM (R-12) In a memorandum dated June 1S, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that a notice has been received from H.U.D. regarding the Emergency Shelter Grant Program. The notice indicated that the City had been allocated $43,000 to provide certain types of assistance to address homelessness. The awarded agency is required to match the grant with cash or in-kind contributions totaling the grant amount. Prior to receiving funds, the City must identify qualified non-profit or~anizations to provide emergency shelter services. 2S 06/1S/92 The deadline for obligation of Emergency Shelter Grant Program funds is August 24, 1992. The Housing Committee at its June 9, 1992 meeting recommended that the Mayor and Council approve the Request for Proposals for the City's FY 1992/93 Emergency Shelter Grant Program; that staff be authorized to so~icit proposals from qualified non-profit entities for the Emergency Shelter Grant Program; and that the Housing Committee be authorized to review the resulting eligible proposals and make funding recommendations to the Mayor and Council. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the attached Request for Proposals (RFP) for the City's FY 1992/93 Emergency Shelter Grant Program ($43,000); and that staff be authorized to solicit proposals from qualified non-profit entities for the Emergency Shelter Grant Program and utilize the Housing Committee to review eligible proposals and make funding recommendations to the Mayor and Common Council. RECESS MEETING At 12:48 p.m., Mayor Holcomb recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 03 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 Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Member Pope-Ludlam. IMPASSE HEARING MIDDLE-MANAGEMENT NEGOTIATIONS- (Discussed earlier in the meeting) (See Page 19) (33) In a memorandum dated June 1S, 1992, Senior Assistant City Attorney Barlow, stated that the Mayor and Council was considering imposing an agreement on the mid-management employees following an impasse hearing. The question has arisen whether the effective date of such an imposed agreement is the date of action taken by the Mayor and Common Council, or the date following the expiration of the previous agreement. The previous memorandum of understanding expired on December 31, 1991. The Meyers-Milias-Brown Act (Government Code Section 3S00 et. seq.) which regulates local government employer-employee 26 06/1S/92 relations, prohibits a local public agency from discriminating against an employee organization because it exercised its statutory rights. To refuse to grant economic benefits or other rights retroactive to the expiration of the previous agreement is to discriminate against the employees' organization for exercising its right to negotiate on behalf of its employees. The conclusion that the imposed agreement must be retroactive to the expiration date of the previous agreement is supported by the understanding that if it were otherwise, the City could, to save money, unreasonably extend the negotiation period which would run contrary to Government Code Section 3S06. COUNCIL MEMBER At 2:06 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to took her place at the council table. the Senior Assistant City Attorney Barlow stated that if contract is imposed by the Council, that the term of contract and the economic benefits, would be retroactive the expiration of the previous contract. the the from Ms. Clark explained that if the economic benefits were retroactive, the cost would be significantly higher than previously discussed. She stated that to pay these benefits retroactively, and to go forward into the next fiscal year, it would be cost prohibitive and would have significant impact on last year's and this year's budget. Senior Assistant City Council has several options: impose the City's Last, Best Last, Best and Final offer. Attorney return and Final Barlow stated that the for further negotiation, offer, or impose SBPEA's Personnel Director Dillon distributed a detail the salary and benefits between bargaining units as of June 1, 1992. matrix comparing in the five employee Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the City's Last, Best, and Final Offer for a one-year contract period retroactive to January 1, 1992, with the exception that the Long Term Disability (LTD) benefit be effective as of June 1S, 1992. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REESTABLISHMENT OF RELOCATION APPEALS BOARD (R-14) In a memorandum dated June 9, 1992, Kenneth Henderson, 27 06/1S/92 Executive Director, Economic Development Agency /Development Department, stated that pursuant to Health and Safety Code Section 33417.S, and restated in San Bernardino Municipal Code Section 2.31, a Relocation Appeals Board must be established to hear complaints brought by residents of project areas relating to relocation compliance with federal regulations. Initial relocation decisions or grievances would be appealed to the Executive Director of the Development Department. In the event the concerns are not resol ved at this level, they would be referred to a Relocation Appeals Board. If pursuant to State law, upon review and decision of the Relocation Appeals Board, the complainant has exhausted all administrative avenues to resolve the grievance, the complainant is then at liberty to seek relief in a court of law. The past Relocation Appeals Board, which was comprised of the fourteen-member Community Development Advisory Committee, has been inactive for some time, because the Agency has not sponsored projects requiring relocation. The situation has now changed as evidenced by the Rancon and Empire Bay projects. It is both timely and appropriate that the Commission establish an operationally functional Relocation Appeals Board to address grievances and disputes raised by displacees of the Redevelopment Agency. It is recommended that the Board consist of five members, including individuals serving in the positions of the Deputy Director of the Development Department, Development Department Administrative Services Manager, Director of Planning and Building Services, the Executive Officer of the San Bernardino Board of Realtors, and a private citizen not currently employed by the City or serving on any City Commission, Committee or Ad Hoc body. The agreement has been confirmed by all proposed board members, with the exception of the unidentified private citizen. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor appoint, subject to the approval of the Common Council, a Relocation Appeals Board consisting of five members, including individuals serving in positions of the Deputy Director of the Development Department, Development Department Administrative Services Manager, Director of Planning and Building Services, the Executive Officer of the San Bernardino Board of Realtors, and a private citizen not currently employed by the City or serving on any City Commission, Committee or Ad Hoc body. SAN BERNARDINO UNIFIED SCHOOL DISTRICT SCHOOL - FINANCIAL ASSISTANCE REQUEST EMMERTON (R-16) In a Executive Department, memorandum dated June 9, 1992, Director, Economic Development stated that on June 1, 1992, the Kenneth Henderson, Agency/Development Mayor and Council 28 06/1S/92 adopted the funding recommendations under the Public Service and Capital Improvement categories for FY 1992/93 Community Development Block Grant (CDBG) allocation. Staff was directed to research alternative funding sources for the Emmerton Elementary School program which did not receive funding because it did not meet CDBG eligibility criteria. The program was ineligible because of its attendance boundaries which did not fall within identified low and moderate income census tracts. Emmerton Elementary School's attendance boundaries are bordered by Highland Avenue on the north, Baseline Street on the south, Del Rosa Avenue on the west and Victoria Avenue on the east. The Emmerton Elementary School proposal is a joint effort between the San Bernardino Unified School District and County social, health, and juvenile agencies designed to reduce the lost of a sense of community resulting from impoverished living, lack of adequate support systems, and/or the inability by poor children attending Emmerton to access needed services. The approach to jointly provide services to the identified population of poor individuals within the school's area of influence will increase the number of students who are able to function well in school and achieve healthy, productive and successful lives. The program is designed to address multiple risk factors, which include poverty, high mobility and a lack a sense of community. The $20,000 funding requested would be added to other pending funding sources derived from the San Bernardino County Economic and Community Development Department. The funds would enable employment of a full-time coordinator and secretary who would be responsible for the day-to-day administration of multiple program components and the coordination of services with County agencies. The program coordinator would be responsible for a core management council. Because the program does not meet federal CDBG eligibility criteria, if the Commission desires to underwrite the proposal, staff has investigated and determined it can be funded by the use of Collateralized Mortgage Obligation funds. Discussion ensued regarding the scope of the Emmerton Elementary School program, and the use of the Collateralized Mortgage Obligation Residual funds which are unrestricted, non recurring funds. Mr. Henderson explained that all of the individual components of the Emmerton Elementary School program exist somewhere else in the City; however, they do not exist together in one effective program. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the use of Collateralized Mortgage 29 06/1S/92 Obligation Residual funds in the amount of Twenty thousand dollars ($20,000) for the funding request submitted by Emmerton Elementary School. LOS PADRINOS OF SOUTHERN CALIFORNIA, ASSISTANCE REQUEST INC. - FINANCIAL (R-17) In a memorandum dated June 9, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that on June 1, 1992, the Mayor and Council adopted the funding recommendations under the Public Service and Capital Improvement categories for the FY 1992/93 Community Development Block Grant (CDBG) allocation. At that time, this proposal was not recommended by the Community Development Citizen Advisory Committee due to questions regarding the project eligibility, and the amount of funding requested. In the Los padrinos proposal, the total funding requested is $1,OS8,600, with $962,S20 of that amount shown as "in-kind" contributions. The Los padrinos 1991/92 budget shows total funding of $471,688. Also, the Community Development Citizen Advisory Committee addressed the question of this program being a "group home" with a total of thirty-five clients served, which equates to $13,476.80 per client. The resulting budget, if Los padrincs request fer $96,350 is approved, would be $1,058,600 which equates to $30,24S.71 per client. The Los padrinos anti-gang program is a regional program that addresses the youth gang culture in a number of Inland Empire cities, some of which contribute to it directly. While it is undeniable that there is a need to address such negative behavior and influences, it is difficult to determine, without expensive audits and investigations, what percentage of the benefit affects San Bernardino citizens, and are the funds requested reasonable and necessary to operate the program in an efficient manner. Notwithstanding this situation, it is clear the program warrants financial assistance. If the Los padrinos anti-gang proposal had been eligible for the use of CDBG funds, it would have received $20,000 which represents the Council established maximum for public service applications. Because of this situation and the fact that Los padrinos requested substantially more than the $20,000 that would have been available to it under the CDBG program, staff has submitted two alternative funding recommendations. A discussion was held regarding the scope of the Los padrinos program. Tim Gergen, Los Padrinos, 44S S. Arrowhead, San Bernardino, CA, explained that in early 1992 a meeting was held with Father Rosales from Our Lady of Guadalupe Church, the Gents Organization and the Latino Peace Officers Association to discuss the problem 30 06/1S/92 of gangs and guns in the community. From that meeting the Los padrinos program was implemented to address the problem that many youth have being unable to utilize existing agencies services. The program works directly with Police agencies to provide immediate crisis intervention service to youth and their families in an attempt to divert them from the criminal justice system. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve the use of Collateralized Mortgage Obligation Residual funds in the amount of Ninety-six thousand, three hundred, fifty dollars ($96, 3S0) for the funding request submitted by Los Padrinos of Southern California, Inc. (Note: There was no vote taken at this time.) Discussion ensued regarding the program's funding, and the problems with crime, youth gangs and the use of guns in the community. Council Member Minor made a substitute motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council approve the use of Collateralized Mortgage Obligation Residual funds in the amount of Twenty thousand dollars ($20,000) for the funding request submitted by Los padrinos of Southern California, Inc.; and that before receiving the funding that Los padrinos of Southern California, Inc. submit to the City of San Bernardino a financial audit, copies of minutes of meetings, and a testimonial from the San Bernardino Police Department. (Note: There was no vote taken at this time.) Jeanette Tapia, Deputy Sheriff, County of San Bernardino Sheriff's Department, spoke in support of the Los Padrinos program and its efforts to save children in the community. A discussion was held regarding the possible use of asset forfeiture funds to support this program. Council Member Estrada made a substitute motion, seconded by Council Member Hernandez, that the funding request submitted by Los padrinos of Southern California, Inc. be referred to the Ways and Means Committee to consider the question of qualification for asset forfeiture funds and return in two weeks (July 6, 1992). The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. RECESS MEETING At 3:23 p.m., Mayor Holcomb declared a five-minute recess. 31 06/1S/92 RECONVENE MEETING At 3:30 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 Krasney with the being present: Mayor Holcomb; Council Members Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior City Attorney Barlow, City Clerk Krasney. Absent: Member Reilly; City Administrator S. Clark. following Estrada, Assistant Council COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:30 p.m., Chairman Holcomb 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. YOUNG WOMEN CHRISTIAN ASSOCIATION - TEDDY BEAR TYMES- FINANCIAL ASSISTANCE REQUEST (R-18) In a memorandum dated June 9, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on June 1, 1992, the Mayor and Council adopted the funding reco~~endations under the Public Service and Capital Improvement categories for FY 1992/93 Community Development Block Grant (CDBG) allocation. This proposal was not recommended by the Community Development Citizen Advisory Committee (CDCAC) due to a determination that the proposal did not meet CDBG eligibility criteria. Teddy Bear Tymes is located within the YWCA facilities in downtown San Bernardino. Both organizations serve the residents and citizens of the greater San Bernardino area. The proposal identifies an urgent need to replace the roof of the YWCA facility. The estimated cost to replAce the roof is $6S,000. Because the YWCA-Teddy Bear Tymes serves only 40% percent to 4S% low and moderate income persons, neither is eligible for CDBG funding. Staff has investigated and determined that sufficient funds are available in the Collateralized Mortgage Obligation Fund to pay for the re-roofing. Mr. Henderson explained that Teddy Bear Tymes had only requested $20,000 in order to perform roof repairs; however, it is the opinion of staff that $20,000 would not completely resolve the roof problems; therefore, staff is recommending that $6S,000 be approved to fully resolve the roof problems. Discussion ensued regarding the original request for funding and staff's recommendations. Council Member Minor made a motion, seconded by Council 32 06/1S/92 Member Hernandez, YWCA-Teddy Bear Committee. (Note: that the funding request submitted by the Tymes be referred to the ways and Means There was no vote taken at this time.) Council Member Minor made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the funding request submitted by the YWCA-Teddy Bear Tyrnes be referred to the Redevelopment Committee. SAN BERNARDINO COMMUNITY AGAINST DRUGS, FINANCIAL ASSISTANCE REQUEST INC. (R-19) In a memorandum dated June 9, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that on June 1, 1992, the Mayor and Council adopted the funding recommendation under the Public Service and Capital Improvement categories for the FY 1992/93 Community Development Block Grant (CDBG) allocation. The proposal from San Bernardino Community Against Drugs, which references a request for $20,000 was not received within the allocated time period and, consequently, was ineligible for funding consideration. The program has historically been funded by the City's general fund for $44,SOO. Continuity of funding at the City level and approval of the late CDBG application request would total $64,500. Staff was directed to research alternative funding sources for the San Bernardino Community Against Drugs, Inc. San Bernardino Communi ty Agains t Drugs, Inc. , is a community based organization dedicated to the education and prevention of alcohol and drug abuse. The program has been successful in making the citizens of San Bernardino and surrounding communities aware of drug and alcohol abuse, as well as the methods of recognizing and identifying drugs. The program serves members and residents of all ages with emphasis on the teaching of younger citizens. Approval of the proposal would fund clerical and administrative support for programs, services, and referral services offered to persons addicted to drugs and alcohol. Staff's investigation of the availability of an eligible funding source for the $64, SOO program assistance request has disclosed that the use of Agency Collateralized Mortgage Obligation (CMO) Residual funds is appropriate. The use and availabili ty of these monies is a one-time occurrence because the funds will be exhausted and/or obligated in the future. Because of this, staff anticipates the only probable avenue of funding would be CDBG funds which are limited to Council imposed maximum allocation of $20,000. San Bernardino Community Against Drugs, Inc., is expected to benefit CDBG eligible targeted groups. The program as proposed has received positive support from the community. 33 06/1S/92 Discussion ensued regarding the scope of the program, in that the program is designed to deal with drug prevention and intervention, and not rehabilitating hard core gang drug users. Jeri Simpson, San Bernardino Community Against Drugs, San Bernardino, CA, answered questions from the Council regarding the program. It was the consensus of the Council that the City pursue a variety of programs, and utilize a variety of approaches in its efforts to combat the gang, drug and crime problems in the community. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the use of Collateralized Mortgage Obligation Residual funds in the amount of Sixty-four thousand five hundred dollars ($64,SOO) for the funding request submitted by San Bernardino Community Against Drugs, Inc. CITY ADMINISTRATOR CLARK RETURNED At 3:47 p.m., City Administrator Council meeting and took her place at the Clark returned council table. to the PUBLIC HEARING IMPOSING LIENS UNCOLLECTED BUSINESS REGISTRATION FEES ON PROPERTY~ (34) This is the time and place set for a public hearing relative to imposing liens on real property located within the City of San Bernardino for uncollected business license fees for the renting or leasing of dwelling units. In a memorandum dated May 28, 1992, Rachel Krasney, City Clerk, requested authorization to impose liens on certain parcels of real property for uncollected business license fees. City Clerk Krasney stated that the resolution should be amended by deleting the following addresses: 464S N. Sierra Way, 1S93-99 N. Mt. Vernon, 23S1 E. 20th St., 2341 E. 20th St., and 1164-72 W. 10th St. Mayor Holcomb opened the hearing. RES. 92-216 - RESOLUTION OF THE CITY IMPOSING LIENS ON CERTAIN PARCELS LOCATED WITHIN THE CITY OF SAN UNCOLLECTED BUSINESS REGISTRATION FEES. OF SAN BERNARDINO OF REAL PROPERTY BERNARDINO FOR (34) Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed, and that said resolution be adopted as amended by deleting the following addresses: 464S N. Sierra Way, 1S93-99 N. Mt. Vernon, 23S1 E. 34 06/1S/92 20th St., 2341 E. 20th St., and 1164-72 W. 10th St. Resolution No. 92-216 was adopted as amended by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Reilly. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. ESTABLISH NEW CLASSIFICATION ARBORIST SERVICES - CONTINUED FROM MAY 18, 1992 PUBLIC (36) This is the time and place continued to for consideration of establishing a new classification of Arborist in the Public Services Department. It was the consensus of the Council that this item be continued to a later date. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the establishment of a new classification of Arborist in the Public Services Department be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BUSINESS REGISTRATION FEES COMMERCIAL PROPERTIES- MR. JIMMY SUMMERS - CONTINUED FROM MAY 18, 1992 (37) This is the time and place continued to for consideration of a request from Mr. Jimmy Summers to speak to the Mayor and Council regarding City business registration for rental of homes and apartment buildings. . Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request from Mr. Jimmy Summers regarding business registration fees for rental of homes and apartment buildings, be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BUSINESS REGISTRATION FEES - APARTMENT COMPLEXES - MR. V. ALAN SWENSEN, HILL WILLIAMS - CONTINUED FROM MAY 18, 1992 (38) This is the time and place continued to for consideration of a request from Mr. Alan Swensen, Director, Commercial Income Properties, Hill Williams, to speak to the Mayor and Council regarding policies and practices currently followed by the Business Registration Division as they relate to calculation of business registration fees for apartment complexes. 3S 06/1S/92 Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request from Mr. V. Alan Swensen of Hill Williams, relative to the calculation of business registration fees, be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED At 3:49 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN RETURNED At 3:49 p.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. OFFICE OF CITY ATTORNEY - AUTHORIZE HIRING CONSULTANT TO STUDY ORGANIZATION, STAFFING & OPERATION (39) In a memorandum dated June 4, 1992, James Penman, City Attorney, stated that in light of the difficult fiscal situation of the City it is incumbent on all City officers and employees to be as efficient with the City's resources as possible, while still providing the services required by the Charter and expected by the people. In the five years the current City httcrney has been in office, significant changes have been implemented in how the office is run and how the requisite services are provided both to the City Departments and to the people of the City. Some changes have worked very well and others still show possibilities for improvement. As a result, the City Attorney feels that this is an appropriate time to review the organization, staff and operations of the Office of the City Attorney to ensure that the office functions as efficiently as possible. Proposals have been solicited from professional management consultants to analyze the office, and two proposals have been received from firms having experience with public law offices. This study was not budgeted in the City Attorney's budget, but it is felt that it is essential to assure that the best services are being provided at the least cost. Peggy Ducey, Assistant to the City Administrator, explained that in July 1991, the Council took action to conduct an audit of the City Attorney's office; however, at that time no action was taken to pursue the audit. During the mid-year budget review it became evident that the City Attorney's Office, among other departments, was rapidly growing. Staff feels that these departments should be studied to ensure their operation is efficient and effective, and it was determined that a management audit would be most appropriate. Staff felt that departments would not be receptive to having the review conducted in-house, so a search was initiated to locate an independent auditor. It is the recommendation of the City Administrator's Office that a 36 06/1S/92 Request for Qualification (RFQ), or a Request for (RFP), be prepared with a detailed explanation of desired, then an evaluation committee would review the and make its recommendations to the Council. Proposals what is proposals City Attorney Penman stated that an outside party should be responsible for selecting the consultant to perform the study. Council Member Minor made a motion, seconded by Council Member Maudsley, that staff be directed to prepare a Request for Proposals (RFP) for the City Attorney's Office. (Note: There was no vote taken at this time.) Discussion ensued regarding the scope of services to be performed in the study and how the scope of services would be prepared. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that the hiring of a consultant to study the organization, staffing and operations of the Office of the City Attorney be referred to the Ways and Means Committee to define the scope of the audit, and if a consensus is reached to prepare and send out the Request for Proposal (RFP); and that if a consensus is not reached, that the matter to return to the Council. Concern was expressed that the audit of the City Attorney's Office should not be held up in committee, and it was felt that if a consensus on the scope of the audit could be reached in committee that the RFP should be sent out as expeditiously as possible. The Council Miller. Reilly. JUNIOR ALL-AMERICAN FOOTBALL - FIVE-YEAR LEASE substitute motion carried by the following vote: Ayes: Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: Council Member 1244 WEST 9TH STREET- (40) In Director at 1244 American a memorandum dated of Public Works/City West 9th Street is Football. May 18, 1992, Roger Hardgrave, Engineer, stated that the building currently leased to Junior All- A branch library was built at the location, and after the library was discontinued, the building was leased to Junior All- American Football in 1982 for five years for use as an equipment storage facility and meeting room. In 1987, Junior All-American Football (JAAF) received a five-year extension of the lease which expires November 30, 1992. JAAF is currently paying $7S per month and has requested another five-year lease with the 37 06/1S/92 understanding that the rent would be increased to current market value for the building. Staff's best estimate of rental value on the building is $300 per month. There are two other parties interested in leasing the building at current market rent. Richard Martinez is interested in the building for an after-school arts and crafts program, and the Home of Neighborly Services is interested in expanding their pre-school program. Another proposal to consider is the sale of the property. The sale could be an expensive and time consuming proposition, as it would entail filing a parcel map to split the property the building is located on from Encanto Park. Also, if the property is sold the City would not have any control over the use of the building and its parking lot. As this parcel is adjacent to a City Park the possibility of a disruptive use should be taken into consideration. Staff feels that the current lessee, Junior All-American Football, has been a good tenant and with the raising of the rent to fair market value, JAAF should continue as the tenant as they perform a valuable service to the community. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council direct the Real Property Staff to prepare a new five-year lease for Junior All-American Footb~ll with rent at current market value of $300 per month. (Note: There was no vote taken at this time.) City Administrator Clark stated that Real Property staff has requested that the item be continued. Council Member Estrada made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the five-year lease with Junior All-American Football for the use of City-owned property at 1244 West 9th Street, be continued to July 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 92-217 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED BETWEEN LENA ROAD AND TIPPECANOE AVENUE AND BETWEEN 3RD STREET AND RIALTO AVENUE, KNOWN AS ANNEXATION NO. 3SS AND ALSO DESIGNATED LAFCO 2713. (S-I) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-217 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Reilly. 38 06/1S/92 RES. 92-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KENNETH R. KING, RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE REHABILITATION OF PERRIS HILL SWIMMING POOL AND BATHHOUSE. (S-2) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-218 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Reilly. MT. VIEW CEMETERY - REFURBISH OFFICE BUILDING (5-3) In a letter dated June S, 1992, Robert Motzkin, General Manager of Mt. View Cemetery, requested that the Cemetery be permitted to complete the restoration and repairs of the City building at Mt. View Cemetery so that it can be utilized for office space. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that the request of Mt. View Cemetery be referred to the City Attorney for preparation of appropriate legal documentation; with the condition that the building remain as is on the exterior, and cannot be torn down, changed or modified without consent of the City. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: Council Member Reilly. PUBLIC HEARING - HISTORIC BUILDING DEMOLITION ORDINANCE - CONTINUED FROM JUNE r, 1992 (42) This is the time and place continued to for a public hearing to consider the historic building demolition ordinance. It was the consensus of the Council that this item be continued to a later meeting. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 1S.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. (Continued from June 1, 1992) Uraency (42) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the urgency historical building demolition ordinance be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, 39 06/1S/92 San Bernardino, California. APPEAL HEARING OFFICER'S STATEMENT OF DECISION- REVOCATION - CONDITIONAL USE PER.'HT NO. 262 - GOLDEN EAGLE MOTEL HONG WEN YANG & LIN MEI-YUNG YANG- CONTINUED FROM JUNE 1, 1992 (43) This is the time and place continued to for consideration of an appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Use Permit No. 262 for the Golden Eagle Motel. In a letter dated June 1S, 1992, Kenneth Nydam, Sprague, Tomlinson and Nydam, Attorneys at Law, 290 North "D" Street, Suite #807, San Bernardino, CA, requested that the appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Use Permit No. 262 for the Golden Eagle Motel be continued to the Mayor and Council meeting of July 6, 1992. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Use Permit No. 262 for the Golden Eagle Motel, be continued to July 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - TENTATIVE TRACT NO. 1S228 - 18-LOT SINGLE FAMILY SUBDIVISION - MR. JAMES & MR. WILLIAM HAUSER - CONTINUED FROM JUNE 1, ESTABLISH STANCLIFF 1992 (41) This is the time and place continued to for a on the final determination for Tentative Tract request to establish an eighteen lot single-family public hearing No. 1S228, a subdivision. In a memorandum dated June 4, 1992, Al Boughey, Director of Planning and Building Services, stated that pursuant. to Development Code Section 19.66.070, the applicant is requesting approval of Tentative Tract No. 1S228, to subdivide a parcel into eighteen single-family residential lots. The request is made to the Mayor and Common Council because a motion by the Planning Commission to deny the project failed by a tie vote. The subject property consists of S.71 acres located at the southwest corner of Magnolia Avenue and Ohio Avenue in the RL, Residential Low, land use district. The Mayor and Council at its June 1, 1992, meeting continued this item to allow the Planning staff to review the revised plan and to prepare revised findings and conditions, which are contained in Exhibits Six and Seven, respectively. These revised findings and conditions supersede the original findings and conditions contained in Exhibit Four. Mayor Holcomb opened the hearing. 40 06/1S/92 Discussion ensued regarding the drainage system for the Tentative Tract. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council approve the revised Tentative Tract No. 1S228, and adopt the negative declaration based upon the revised findings of fact, and subject to the revised conditions of approval (Exhibits 1 and 2), and standard requirements. APPEAL - DENIAL - CONDITIONAL USE PERMIT NO. 90-32- ONE-YEAR EXTENSION OF TIME - VEHICLE RECYCLING YARD- SOUTH SIDE OF WALNUT STREET - EAST OF MUSCOTT STREET- JOHN LIGHTBURN (44) This is the time and place set to consider an appeal of the Planning Commission's denial for a one-year extension of time for Conditional Use Permit No. 90-32, an application to establish a vehicle recycling yard on 9.S acres located on the south side of Walnut Street, approximately 380 feet east of Muscott Street. In a memorandum dated June 4, 1992, Al Boughey, Director of Planning and Building Services, stated that on April 20, 1992, the Mayor and Council heard the appeal and referred it back to the Planning Commission to adopt positive findings of fact for denial. The Planning Commission at its May 19, 1992 meeting formally adopted findings of fact for the denial of the extension of time request for Conditional Use Permit No. 90-32. Staff has concluded that project development and operation would occur subject to the project's conditions of approval, and should therefore be compatible with the surrounding land uses. Staff recommends that the Mayor and Council uphold the appeal and approve a one-year extension of time, until January 8, 1993, for Conditional Use Permit No. 90-32, subject to the findings of fact, conditions of approval and standard requirements contained in the Planning Commission staff report. John Lightburn, P. O. Box 1622, San Bernardino, CA, gave City Clerk Krasney several reports and letters in support of the one-year extension of time for Conditional Use Permit No. 90-32. He presented evidence demonstrating that the finding of fact did not have legal basis, and were not supported by evidence. He explained that the findings could be mitigated, and reviewed the mitigation efforts already in place. The Council expressed concern regarding the requirement of a masonry wall to be constructed around the project, as it would be a target for graffiti in the area. A discussion was held regarding the positive and negative 41 06/1S/92 impact of the project on the neighborhood. Jimmy Summers, 1193 Hummingbird Lane, Corona, CA, owner of the Rancho Mobile Home Park, 1600 West walnut, San Bernardino, CA, stated that he has owned the mobile home park for six years, and expressed opposition to the recycling yard. He presented City Clerk Krasney with some photographs of the area. The following persons also spoke in opposition to the recycling yard: Mr. and Mrs. Grover, 1600 West Walnut, Rancho Mobile Home Park, San Bernardino, CA. Alice Gunderson, 1600 West Walnut, Rancho Mobile Home Park, Space 16, San Bernardino, CA. Juan Alvarez, 1604 West Congress, San Bernardino, CA. Chas Bird, 1600 West Walnut, Rancho Mobile Home Park, San Bernardino, CA. Diane Murphy, 1600 West Walnut, Rancho Mobile Home Park, San Bernardino, CA. Francis Collins, 1600 West Walnut, Rancho Mobile Home Park, San Bernardino, CA. Joy Carpenter, 1600 West Walnut, Rancho Mobile Home Park, San Bernardino, CA. Betty Moya, 1600 West Walnut, Rancho Mobile Home Park, Space 6, San Bernardino, CA. Mr. Lightburn, distributed aerial photographs of the area, and explained that land use in the area has been industrial since 19S3. He felt that it was unfair to attribute problems with other businesses in the area to this project. He stated that Mr. Long has adhered to all standards and was simply requesting an extension of time to pursue his business interests. Mr. Bud Long presented a chronology of the project since January 1990, explaining that a conditional use permit was issued in January 1991; however, at this time the project is no further along than before, other than costing $30,000 in fees. He felt that he had been unfairly treated, and that his constitutional rights had been violated. COUNCIL MEMBER REILLY RETURNED At S:19 p.m., Council Member Reilly meeting and took his place at the council returned to the Council table. 42 06/1S/92 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Reilly. Absent: None. Discussion ensued regarding the environmental issues relating to the project; the wall; the noise from the public address system and machinery operating; the stacking of cars; the landscaping and the right of entry to maintain landscaping; the hours of operation; and how these issues could be mitigated. The Council discussed the potential negative impacts this project could have on the neighborhood, and what could be done to ease the residents' concerns. Mayor Holcomb stated that all potential negative aspects of the project could be mitigated so that they would not adversely affect the surrounding neighborhood. He stated that one positive aspect of the project is that the area would receive a higher level of water service than it is presently receiving. Mr. Boughey explained that the residents' concerns can be mitigated. He stated that finding of fact ten states: "The proposed facility shall be screened from all adjoining land uses through the planting and establishment of a Type A landscaping screen. The Type A screening shall be included on all required landscape plans and is subject to review and approval by the Planning Division." He explained that he would like to add the following language: "Type A landscape screening shall be provided in addition to a six foot masonry wall along the project's perimeter that abuts residential property." Deputy City Attorney Empeno explained that if this appeal is denied, Mr. Long would have the prerogative to file a new application for a conditional use permit, at which time additional conditions could be added. Council Member Hernandez made a motion, seconded by Council Member Miller, to deny the appeal based upon the findings of fact adopted by the Planning Commission in denial of the extension of time, which includes finding of fact numbers five, six, nine, fourteen, and fifteen. The motion failed by the following vote: Ayes: Council Members Hernandez, Miller. Nays: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Abstain: Council Member Reilly. Absent: None. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At S:SO p.m., Council Members Hernandez and Pope-Ludlam left 43 06/1S/92 the Council meeting. A discussion ensued regarding the positive and negative aspects of the project. Council Member Minor made a motion, seconded by Council Member Estrada, that the matter be referred back to Planning staff to address all of the environmental concerns (wall, landscaping, noise, sound amplification) and return with additional conditions of mitigation, plus the enforcement aspect, at the Council meeting of July 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Estrada, Maudsley, Minor, Miller. Nays: Council Member Reilly. Absent: Council Members Ludlam. Ayes: Council None. Abstain: Hernandez, Pope- PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT ESTABLISH CRITERIA - CITY SPONSORED USES & - DOWNTOWN AREA - TEMPORARY USE PERMIT NO. 92-04- ACTIVITIES (45) This is the time and place set for a public hearing to consider De"t,telopment Code 1\.....nendmcnt No. 92-04, which 15 uu amendment to Development Code Sections 19.70.020 and 19.70.0S0(1), to establish criteria to allow certain City- sponsored uses and activities in the downtown area subject to the issuance of a Temporary Use Permit. In a memorandum dated May 27, 1992, Al Boughey, Director of Planning and Building Services, stated that Section 19.70.0S0(1) of the Development Code permits, with the issuance of a Temporary Use Permit, certain short term uses and activities not occupying a structure for a fixed period of time, not to exceed ninety days. Development Code Section 19.06.020, Table 06.01, Commercial and Industrial Districts List of Permitted Uses, allows certain miscellaneous non-temporary outdoor uses in commercial land use districts through the approval of a Temporary Use Permit. Main Street Inc. is endeavoring to establish a farmers' market on a once-per-week basis in the downtown area. A use of this type, extending for a period beyond ninety days, although temporary in the sense that it occurs for a few hours once a week, is still considered a permanent outdoor use under the Development Code. This was brought to the attention of the Mayor and Council at its meeting of February 3, 1992. As a result, the Mayor and Council directed staff to prepare a Development Code Amendment to allow such City-sponsored uses and activities subject to the issuance of a Temporary Use Permit. 44 06/1S/92 Minor temporary uses of land having negligible or no permanent effects on the environment are categorically exempt from California Environmental Quality Act (CEQA), pursuant to Section 1S304 of the CEQA guidelines. This ordinance addresses Temporary Use Permit standards for only minor City-sponsored temporary uses and activities in the downtown area. The proposed amendment is consistent with the General Plan, in that it would allow the City to sponsor uses and activities in the downtown area, which would further implement and meet the goals and objectives of the General Plan. This would enable the City to sponsor periodic events that would enhance the downtown area as the functional and symbolic center of the City. The Economic Development Agency, at the direction of the Mayor and Council, has contracted with Project for Public Spaces (PPS) to develop a Downtown Urban Plan for San Bernardino between "E" and "D" Streets, and 4th and Sth Streets. The plan is to include the establishment of a high activity zone which would encourage outdoor pedestrian-oriented activities with an emphasis on arts, entertainment, dining, and unique retail uses. The plan and its high activity zone is intended to implement the General Plan policies and goals. The ordinance would complement the PPS Downtown Urban Plan. It would create a means by which the City can sponsor the type of activities encouraged before the PPS plan is completed. This ordinance would also allow such city- sponsored uses to be established over a broader area of downtown than the PPS plan area. The amendment adds city-sponsored temporary uses and activities, not occupying a structure and occurr~ng at regular periodic intervals to the list of permitted uses under Section 19.70.020 of the Development Code. It also adds an exclusionary statement to Section 19.70.0S0(1) for City-sponsored uses or activities, exempting them from the time limitations established by that section for temporary uses. The Planning Commission at its May S, 1992 recommended approval of Development Code No. 92- 04. Mayor Holcomb opened the hearing. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.70.020 AND 19.70.0S0(l) OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - DEVELOPMENT CODE) TO ESTABLISH CRITERIA TO ALLOW CERTAIN CITY SPONSORED USES AND ACTIVITIES IN THE DOWNTOWN AREA THROUGH A TEMPORARY USE PERMIT. First (45) Council Member Miller made Member Minor, that the hearing be be laid over for final adoption. a motion, seconded by Council closed; and that said ordinance (Note: There was no vote taken 4S 06/1S/92 at this time.) It was the consensus of the Council that this item be continued so that the boundaries for consistency with the boundaries of the Project for Public Spaces (PPS) projects. the discussion of could be reviewed Main Street and Council Member Estrada made a substitute motion, seconded by Council Member Minor, and unanimously carried, that the ordinance relating to Development Code Amendment No. 92-04 to establish criteria to allow certain City-sponsored uses and activities in the downtown area through a temporary use permit, be continued to July 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. ADJOURNMENT At S:S3 p.m., the Wednesday, June 17, 1992, 300 North "D" Street, San meeting was adjourned in the Council Chambers Bernardino, California. (46) to 9:00 of City a.m., Hall, RACHEL KRASNEY City Clerk By '#~~. ~ Melanie Vale Deputy City Clerk No. of Items: 71 No. of Hours: 8 46 06/1S/92