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HomeMy WebLinkAbout07-06-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 6, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Maudsley at 8:36 a.m., Monday, July 6, 1992, 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 Pro Tempore Maudsley; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:36 a.m., the Mayor and Common Council Development Commission recessed to closed following: (1) and the Community session for the 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; 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 litigation pursuant to S49S6.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 7/6/92 f. to confer with the at<::orney 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 with 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 Company. 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. Ci<::y of San Bernardino (RDA) Superior Court Case No. 2S8241; San Bernardino Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E0086S2; City of San Bernardino ys. Libertv Cable T.V.. et al- United Sta<::es District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Sup~~iv~ Court C~zc No. 207900; Citv of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719, Maadaleno vs. City of San Bernardino Superior Court Case No. 248739; San Bernardino Citv of San Bernardino vs. Fireman's Fund Insurance Companv - San Bernardino Superior Court Case No. 271849. CLOSED SESSION At 8:36 a.m., Mayor Pro Tempore ~audsley 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: Colayor Pro Tempore Colaudsley; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Pope-Ludlam. Also present: Margaret Scroggin, Attorney's Office. Richard ~orillo, Sr. Assistant City Attorney; Adminis<::rative Operations Supervisor, City 2 7/6/92 READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. MAYOR HOLCOMB ARRIVED At 8:39 a.m., Mayor Holcomb arrived at the closed session. J. LORRAINE VELARDE ARRIVED At 8:41 a.m., J. Lorraine Velarde, Executive Assistant to the Mayor, arrived at the closed session. ADJOURN CLOSED SESSION At 9: 16 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:32 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Auxiliary Bishop Gerald R. Barnes, Diocese of San Bernardino. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. ANNOUNCEMENT PROPERTY COUNCIL MEMBER HERNANDEZ SANTA FE (2) Council Member Hernandez voiced concern regarding purchase of the Santa Fe property. He pointed out that if the City is to participate in the purchase of Santa Fe property, the City should make sure that cleanup costs are not borne by San Bernardino. 3 7/6/92 ANNOUNCEMENT CITY REGISTRATION HANDBOOK CLERK KRASNEY BUSINESS (2) City Clerk Krasney presented to the Mayor and Council a publication entitled "Business Registration Handbook" produced by the City Clerk's Office/Business Registration Division. The handbook was created to provide a public service to assist those persons interested in establishing and conducting a business in the City of San Bernardino. ANNOUNCEMENT - MAYOR HOLCOMB - 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK (2) Mayor Holcomb commended Council Members Estrada and Miller for contributing their service and support relating to the 4th of July celebration at Seccombe Lake Park. J. Lorraine Velarde, Executive Assistant to the Mayor, stated that Channel 3 will rebroadcast the event at 8: 00 p. m. , Tuesday, July 7, 1992 and again at 3:00 p.m., Thursday, July 9, 1992. APPOINTMENT - PLANNING COMMISSION, ALTERNATE MEMBER - VINCENT P. GAFFNEY (4) In a memorandum dated July 2, Holcomb requested the appointment of Oakhurst Drive, San Bernardino, Ca, the Planning Commission. 1992, Mayor W. R. "Bob" Vincent P. Gaffney, 1414 N. as an alternate member to Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Vincent P. Gaffney, as an alternate member to the Planning Commission, be approved. APPOINTMENT - PLANNING CO~~ISSION - ALTERNATE MEMBER - ERIC SHAW (4) In a memorandum dated July 2, 1992, Mayor W. R. "Bob" Holcomb requested the appointment of Eric Shaw, 2225 pumalo #118, San Bernardino, Ca, as an alternate member to the Planning Commission. Council Member Minor made a motion, seconded Member Hernandez, and unanimously carried, that the of Eric Shaw, as an alternate member to the Planning be approved. by Council appointment Commission, 4 7/6/92 APPOINTMENT - PARKS AND RECREATION CO~~ISSION - WILLIE M. C. SMITH (4) In a memorandum dated July 2, 1992, Mayor W. R. "Bob" Holcomb recommended the appointment of Willie M. C. Smith, 1995 W. Washington Avenue, San Bernardino, Ca, to the Parks and Recreation Commission, as requested by Council Member Pope- Ludlam, Sixth Ward. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Willie M. C. Smith, to the Parks and Recreation Commission, be approved. COUNCIL MEMBER At 9:41 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the PUBLIC COMMENTS (3) There were no public comments during the public comments section of this meeting. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada lef,- the Council meeting. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: April 20, 1992, May 4, 1992, May 12, 1992, and May 20, 1992. COST ALLOCATION PLAN (7) In a memorandum dated May 22, 1992, Andrew Green, Director of Finance, stated that in December, 1991, Claremont College completed a cost allocat,,-on plan for the City. The Finance Department has reviewed the documenc and verif,,-ed its findings, and the plan is :'lOW ready to be received by the Mayor and Council. 5 7/6/92 The purpose of the cost allocation plan is to identify and document internal servicing costs for operating departments such as Police, Fire, and Parks and Recreation, and servicing departments such as Personnel, Finance, and City Clerk. This information is useful because it allows the City to charge the full cost of providing General Fund central services to enterpr ise funds, internal service funds, and user fee activities. The General Fund can then be reimbursed by these special funds for the cost of providing services. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the cost allocation plan prepared by Claremont College be received and filed. CERTIFICATION OF RESULTS - SPECIAL MUNICIPAL ELECTION - JUNE 2, 1992 (8) In a memorandum dated June 24, 1992, Rachel Krasney, City Clerk, stated that pursuant to Government Code Sections 34463, 34464, and 34465, three copies of the complete text of a charter proposal or of any revised, amended or repealed section ratified by the electors shall be certified and authenticated by the Chairman and Clerk of the governing body and attested by the City Clerk, setting forth the submlssiun uf the Charter to the electors of the City, and its ratification by them. The Charter amendments (Measures B, E and F) approved on June 2, 1992 will not take effect until accepted and filed by the Secretary of State. Certified documents will be sent to the Secretary of State for filing. After the Charter amendments are accepted and filed by the Secretary of State, the Courts shall take judicial notice thereof. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the results of the Special Municipal Election consolidated with the Consolidated Primary held on June 2, 1992, as set forth in the Statement of Votes Cast, and certified by the San Bernardino County Registrar of Voters, be declared official as follows: Total Votes Cast: 24,922. Yes No Measure A 9,773 12,464 Measure B 13,578 8,829 Measure C 10,161 11,776 Measure D 10,704 10,948 Measure E 12,299 9,096 Measure F 12,211 9,833 6 7/6/92 INSTALLATION OF SEWER MAIN - SEPULVEDA AVENUE, NORTH OF 50TH STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (9) In a memorandum dated June 16, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a sewer main in Sepulveda Avenue, north of 50th Street, have been prepared by the Engineering Division and the project is ready to be advertised for bids. The project consists of installing a sewer main to provide service to John Beach's residence, at 5060 Sepulveda Avenue, and two parcels that were created by Parcel Map No. 13320. The total estimated project cost is $25,000, of which $20,000 has been allocated in the Sewer Line Construction fund. It is proposed to transfer the sum of $5,000 from the City's share of Sewer Extensions Account in order to provide sufficient funds to cover the total estimated project cost. All costs are to be reimbursed by the adj oining property owners. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for installation of a sewer main in Sepulveda Avenue, north of 50th Street, in accordance with Plan No. 8745, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise Eor bids. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the transfer of $5,000, from Account No. 245-365-57704, "City's Share of Sewer Extensions", to Account No. 245-365-57705, "Sewer Line Extension - Sepulveda Avenue, n/o 50th Street", be approved. OPPOSITION TO PUBLIC UTILITY COMMISSION'S APPLICATION BY SOUTHERN CALIFORNIA EDISON COMPANY (11) In a memorandum dated June 16, 1992, Fred Wilson, Assistant City Administrator, stated that at the Ways and Means Committee meeting held on June 10, 1992, it was recommended that Mayor Holcomb send a letter stating the City's opposition to the proposed rate increase by Southern California Edison Company in their application to the Public Utilities Commission. Southern California Edison Company is attempting to recover costs connected with their cleanup of hazardous waste contamination at their facilities in Visalia, California. The Committee felt that Edison is not acting prudently in passing on the costs to the ratepayers. It is perceived that the cleanup cost should be borne by the utility company shareholders or at least by those ratepayers in the geographic area where the cleanup occurred. 7 7/6/92 In a letter dated June 1l, expressed opposition, on behalf Southern California Edison's residential rate increase. 1992, Mayor W. R. "Bob" Holcomb, of the City of San Bernardino, to applicatio:'l for approval of a Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the attached letter by Mayor Holcomb be sent stating the City's opposition to a proposed rate increase by Southern California Edison Company in their application to the Public Utilities Commission. VACATION OF NORTH/SOUTH VALE ALLEY, LYING BETWEEN CHURCH STREET AND 6TH STREET, AND BETWEEN "D" AND "E" STREETS - AUTHORIZATION TO PROCEED & PLAN APPROVAL (12) In a memorandum dated June 16, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Sheldon and Rita Penn to vacate the north/south alley, known as Vale Alley, which lies westerly of their property on "D" Street. As there are four adjoining property owners which are affected by this process, Mr. and Mrs. Penn will need concurrence from the other property owners. Staff proposes to notify the adjoining property owners at the appropriate times during the vacation process. The petitioner remaining $500.00 proceedings. has deposited will be due the required after the $500.00. The investigative Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the north/south Vale Alley, lying between Church Street and 6th Street, and between "D" Street and "E" Street. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that Plan No. 8742, showing the proposed vacation of the north/south Vale Alley, lying between Church Street and 6th Street, and between "D" Street and "E" Street, be approved. GAMES OF AMUSEMENT PERMIT - L. DON KELLY, DBA FUN TIME GAMES - 3525 E. HIGHLAND AVENUE (l3) In a memorandum dated June 12, 1.992, Rachel Krasney, City Clerk, stated that an application for business registration permit was received from L. Don Kelly, dba Fun Time Games, to operate games of amusement located at 3525 E. Highland Avenue, San Bernardino, California. The Chief of Police has recommended that said application be granted. 8 7/6/92 Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously '~arried, that the business registration permit for L. Don Kelly, dba Fun Time Games, to operate games of amusement within the City, be approved. GAMES OF A...~USEMENT PER...~IT - SHAGNASTY' S POOL ROOM _ 3525 E. HIGHLAND AVENUE (14) In a memorandum dated June 12, 1992, Rachel Krasney, City Clerk, stated that an application for business registration permit was received from Robert G. Mitchell to operate a pool room, known as Shagnasty's, located at 3525 E. Highland Avenue, San Bernardino. The Chief of Police has recommended that said application be granted. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the business registration permit for Shagnasty's Pool Room located at 3525 E. Highland Avenue, be approved. CLAIMS AND PAYROLL (16) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, thaL the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated July 1, 1992, from the Director of Finance, be approved. PERSONNEL ACTIONS (17) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 17, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 92-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (19) RES. 92-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GTE CORPORATION RELATING TO INSTALLATION AND MAINTENANCE OF PAY TELEPHONES, AND ESTABLISHMENT OF NEW COMMISSION RATE SCHEDULE. (20) 9 7/6/92 RES. 92-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A REVENUE RECOVERY PROGRAM AND AUTHORIZING THE CHARGING OF INTEREST ON PAST DUE INDEBTEDNESS. (21) RES. 92-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TIBURON, INC., RELATING TO TECHNICAL SUPPORT SERVICES FOR THE POLICE RECORDS Y~NAGEMENT SYSTEM SOFTWARE. (25) RES. 92-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO THE CITY'S DELMANN HEIGHTS HEAD START CENTER. (26) RES. 92-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF OLIVE TREES IN PORTIONS OF THE LITTLE SAND CREEK RIGHT-OF- WAY, AND CONCERNING PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF LYNWOOD AVENUE AND STERLING AVENUE. (29) RES. 92-225 - RESOLUTION OF THE CITY OF Snr; EERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE TWIN WARM CREEK BRIDGE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE TWIN WARM CREEK CHANNEL RIGHT-OF-WAY, AND CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF WATERMAN AVENUE AND MILL STREET. (30) RES. 92-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BRIDGE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE DEVIL CREEK DIVERSION CHANNEL RIGHT-OF-WAY AND HALLMARK PARKWAY. (31) RES. 92-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BOX CULVERT AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE CABLE CREEK CHANNEL RIGHT-OF-WAY AND INDUSTRIAL PARKWAY. (32) 10 7/6/92 RES. 92-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF PEPPER AVENUE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE EAST RIALTO STORM DRAIN RIGHT-OF-WAY, AND CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF RIALTO AVENUE AND PEPPER AVENUE. (33) RES. 92-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY RELATING TO THE MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. (34) RES. 92-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14938, LOCATED ON THE NORTHEAST CORNER OF MILL STREET AND EUCALYPTUS AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP, AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (35) RES. 92-231 - RESOLUTION AWARDING A CONTRACT TO MODIFICATION OF TRAFFIC UNIVERSITY PARKWAY. OF THE CITY OF SAN BERNARDINO PAUL GARDNER CORPORATION FOR SIGNALS AT KENDALL DRIVE AND (36) RES. 92-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (37) RES. 92-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (38) RES. 92-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MEDICAL CENTER ::JRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (39) RES. 92-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, ~ANDSCAPING ~AINTENANCE, CARNEGIE DRIVE AREA. (40) 11 7/6/92 RES. 92-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHAND IN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (41) RES. 92-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (42) RES. 92-238 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR DISTRICT NO. 963, FOR THE MAINTENANCE OF A STATION IN PORTIONS OF ALLEN STREET, NORTH AVENUE IN THE CITY OF SAN BERNARDINO. BERNARDINO ASSESSMENT SEWER LIFT OF CENTRAL (43) RES. 92-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN CO~~ERCENTER EAST AND COMMERCENTER WEST. (44) RES. 92-240 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR DISTRICT NO. 969, LANDSCAPING Y~INTENANCE, AND OLIVE AVENUE AREA. BERNARDINO ASSESSMENT IRVINGTON (45) RES. 92-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ~HE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (46) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 92-219, 92-220, 92-221, 92-222, 92-223, 92- 224, 92-225, 92-226, 92-227, 92-228, 92-229, 92-230, 92-231, 92- 232, 92-233, 92-234, 92-235, 92-236, 92-237, 92-238, 92-239, 92- 240, and 92-241 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. 12 7/6/92 BELMONT AND ROYAL OAK LANDSCAPE MAINTENANCE DISTRICT - SETBACK AREA ONLY - AUTHORIZATION TO PROCEED (10) In a memorandum dated June 19,1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received requesting the :ormation of an assessment district for the maintenance of landscaping for front and side yards within the setback areas of Tentative Tract No. 14997. This petition is the result of a requirement by the City for the Developer to establish the district. The assessment will include the maintenance of landscaping, energy costs, and administrative costs. The maintenance of landscaping will only be done in the event that the property owner(s) fail to maintain their respective properties within the setback areas. In the event that the City must perform any maintenance, each parcel will be assessed only for work performed on that parcel. Barbara Sky, 6464 ::'0",__1 Avenue, San Bernardino, Ca, stated that she had submitted an appeal before the Mayor and Council regarding Tentative Tract No. 14997 which has not been heard. Ms. Sky requested that the proposal to establish a landscape maintenance district setback area be continued until after her appeal has been heard. City Engineer Hardgrave stated that the request for authorization to proceed with the assessment district could be approved without affecting the proposal to establish the assessment district. He pointed out that if Tract No. 14997 is not approved, the assessment district would not go forward. City Engineer Hardgrave recommended that the Council approve the authorization to proceed with the establishment of the Belmont and Royal Oak landscape maintenance district. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the request for authorization to proceed with the Belmont and Royal Oak landscape maintenance district be continued cO August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVER OF FEES USE OF FISCALINI FIELD BENEFIT SOFTBALL GAME ON JULY 19, 1992 SAN BERNARDINO'S CHILDREN'S FUND AND COMCAST CABLEVISION - LOIS ZIEGLER O'DONNELL. (15) In a memorandum dated June 9, 1992, Annie F. Ramos, Director of Parks, ~ecreat~on and Cornmu~i~y Se~vices, stated that Ks. ~ois Ziegler O'Donnell, Executive Director of the San Bernardino Children's Fund and Comcast Cablevision, has requested the use of Fiscalini Field for a benefit softball game on July 19, 1992. 13 7/6/92 The fees for use of the field are $335 which includes field lighting charges, staffing requirements provided by the Parks Division for field preparation, and stadium cleanup. Council Member Hernandez made a motion, seconded by Council Member Reilly, that the request to waive fees in the amount of $335 for use of Fiscalini Field for a benefit softball game be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Members Minor, Miller. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (18) Discussion was held regarding the City's cost for disposal of animal carcasses. City Administrator Clark stated that the City has permitted Cd.lL.rarlS to use the freezer facilities at the Animal shelte:t. Lv": depositing animal carcasses that have been removed from State highways. Caltrans pays $42.00 per month on a quarterly basis. Ms. Clark stated that the number of carcasses deposited at the Animal Shelter is unknown, but requested that this item be held over until later in the meeting. Council Member Miller made a motion, seconded by Council Member Maudsley, that the resolution regarding disposal of animal carcasses be continued until later in the meeting. See page 31. *Note: No vote was taken on the motion at this time. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CREDIT BUREAU OF SAN BERNARDINO, INC., FOR DEBT COLLECTION. (22) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEWIS AND ASSOCIATES FOR DEBT COLLECTION. (23) Discussion ensued regarding language in the agreement with the Credit Bureau of San Bernardino pertaining to the total commission fees that would be paid for collection of past due accounts, if legal action is required. 14 7/6/92 J. Lorraine Velarde, Executive Assistant to the Mayor, explained that the agreement with the Credit Bureau of San Bernardino provides for a 30% commission fee for the collection of past due accounts. She stated that because the Credit Bureau of San Bernardino provides a legal service, the total commission fee would be fifty percent for debt collection. The contract with Lewis and Associates does not have a legal department. If an account managed by Lewis and Associates requires legal action, the account is brought back to the City and the City then secures the legal services for debt collection. City Attorney Penman requested that the item be continued to later in the meeting in order to make corrections to the language of the Credit Bureau of San Bernardino's agreement to clearly reflect the total commission to be received if legal services are required. At the consensus of the Council, the proposed resolutions relating to debt collection were continued until later in the meeting. See page 32. RES. 92-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SYSTEMS DEPARTMENT. (24) Discussion ensued regarding the maximum compensation to be paid to Ruth Parish for performing consulting services for the Management Information Systems Department. It was suggested that the consultant work the same number of hours as other City employees, and be required to submit a time sheet documenting the exact number of hours worked on each assigned project. City Administrator Clark explained that the agreement provides some flexibility in the work schedule for the consul tant. provisions in the agreement establishes a maximum compensation fee that will be paid to the consultant. She stated that if the City sets the hours for a contract employee, the City is responsible for paying benefits to the consultant. Ms. Clark pointed out that the consultant's hours cannot be set. If the hours are set, the consultant becomes a City employee. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam, that said resolution be adopted. Resolution No. 92-242 was adopted by the following Ayes: Counc2..c :,:embers Estrada, Rei.cly, Mauds.cey, Minor, Ludlam, Miller. Nays: None. Abstain: Council Hernandez. Absent: None. vote: Pope- Member 15 7/6/92 RES. 92-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING ALARM PERMIT FEE AND FALSE ALARM FINES FOR ALARMS IN THE CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 91-167. (27) Daniel Robbins, Chief of Police, explained that presently the alarm ordinance allows the Police Department to charge a permit fee on an annual basis and impose fines for excessive false alarms. He stated that the Police Department responds to approximately 800 to 1000 calls and 93% of the calls are false alarms. Many of the false alarms are triggered accidentally by inexperienced employees of businesses or by a residential owner who accidentally activated the alarm. He pointed out that police services are utilized to respond to false alarm calls. Two patrol units are dispatched on alarm calls, whereas three patrol units are dispatched on robbery calls. Approximately 50% of the false alarms calls are the results of mechanical errors. Chief Robbins stated that his office has received many complaints from senior citizens stating that the annual permit fee is too expensive. Chief Robbins explained that the resolution has been amended to provide a moderate income exception to all City residents who meet the established criteria, and includes a reduction in permit fees. Chief Robbins stated that under the new resolution the recovery cost will be lower than received in Fiscal Year 1991/92. Chief Robbins answered questions regarding use of Community Service Officers and non-sworn personnel to respond to alarm calls. He stated that non-sworn personnel cannot be used on felony in progress calls due to safety concerns. Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Minor, None. Resolution No. 92-243 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Counc il Member Miller. Absent: RES. 92-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MULTI AGENCY REGIONAL DRUG TASK FORCE, KNOWN AS THE INLAND REGIONAL NARCOTIC ENFORCEMENT TEAM (IRNET), TO PARTICIPATE IN A Y~JOR DRUG VIOLATOR TASK FORCE. (28) Daniel Robbins, Chief of Police, 'xplained that the Inland Regional Narcotic Enforcement Team (IRNET), has been formed to investigate and prosecute criminal cases involving the distribution and sales of drugs and seize assets derived through drug traffick2.ng. This Regional Task Force consists of officers 16 7/6/92 from the San Bernardino County Sheriff's Department and from many city police departments. Police Chief Robbins answered questions regarding use of confiscated vehicles for police undercover operations. Chief Robbins explained the differences between the IRNET program and programs already in existence. He stated that the San Bernardino Police Department is involved in a two county clandestine lab investigating unit which includes State and Federal officers. The benefit of the program involves the investigation and elimination of clandestine labs throughout the County. The program is made up of city law enforcement investigators, and Sheriff's Department personnel in an effort to deal with all types of drugs. He stated that placement of an officer from the San Bernardino Police Department on the IRNET task force will enhance the efforts of the task force and contribut", to the overall efforts by the San Bernardino Police Department in the apprehension of major drug distributors. Chief Robbins stated that the City's narcotic team has been operating independently of the County. There is a proposal to bring together the City's narcotic enforcement team with that of the County Sheriff's Department under one building to share information and resources needed to conduct investigations. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to recommend that the addition of one officer be assigned to the Inland Regional Narcotic Enforcement Team (IRNET), that funding in the amount of $92,107.00 be appropriated from the Asset Seizure Revenue Fund, and that the Director of Personnel be directed to update Resolution No. 6433, and that said resolution be adopted. Resolution No. 92-244 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-245 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR DISTRICT NO. 994, CITY-WIDE STREET LIGHTING SWEEPING ASSESSMENT DISTRICT. BERNARDINO ASSESSMENT AND STREET (47) Discussion was held regarding the decrease in assessment roll costs for Fiscal Year 1992-93. It was pointed out that because of the lower assessment roll costs to the City, the costs to be levied against the parcels of land within Assessment District No. 994 will be reduced to $47.00. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. 17 7/6/92 Resolution No. 92-245 was adopted by the following vote: Ayes: Counc2.l Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. RES. 92-246 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A PROCEDURE TO APPROVE AND ACCEPT SETTLEMENTS FOR THE CITY OF SAN BERNARDINO. (48) City Attorney Penman stated for the record that the proposed resolution provides revenue through settlements of lawsuits and claims involving the City, as long as the settlement is in an amount which does not exceed $10,000. He referred to page two, Section Three, which contains language to grant authority to any officer other than the ~ayor and Common Council to compromise a claim of the City. Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resoluti~~ ~)o. 92-246 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Minor. RECESS MEETING At 10:29 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 10:37 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb, Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller, City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO UPDATE EXISTING SPEED ZONES ON MOUNTAIN AVENUE AND ON FORTIETH STREET. First (49) 18 7/6/92 Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION C OF SECTION 10.16.180 OF THE SAN BERNARDINO MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL PARKING FOR CAR POOLING INCENTIVE. First (50) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. APPEAL - BOARD OF BUILDING COMMISSION'S FINDINGS AND ACTION OF AUGUST 16, 1991 - 1095 W. SPRUCE STREET - MAURICE PETERS - CONTINUED FROM MAY 4, 1992 (51) This is the time and place set for an appeal of the Board of Building Commissioner's findings and action of August 16, 1991, relating to property located at 1095 W. Spruce Street, San Bernardino, California. In a memorandum dated June 18, 1992, Al Boughey, Director of Planning & Building Services, reported that the appellant, Maurice Peters, has requested that the Mayor and Council waive certain requirements that he believes to be arbitrary and capricious. Mr. Peters believes that he should not have to bring the structure (S ) up to current Building and Safety Codes, that the vehicles should be disposed of in an orderly and decent manner, and that all administrative costs should not be assessed. Mr. Peters also requested that all certificates of occupancy and business licenses be issued immediately. Debra Daniel, Code Compliance Supervisor, stated that the owner of the property has not obtained any permits to either rehabilitate or demolish the premises. Ms. Daniel distributed current photographs showing the condition of the property. Ms. Daniel recommended that Mr. Peters obtain all proper permits within ten days and complete demolition within sixty days. After the time frame has elapsed and owner compliance has not been obtained, the City will initiate abatement and property owner will incur all abatement and other related direct costs as a lien on the property or a personal obligation. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:47 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. 19 7/6/92 Maurice Peters, owner of property located at 1095 W. Spruce Street, gave testimony and made allegations all referencing the performance of city staff and how those actions violated his constitutional rights under Amendments 1, 4, 5 and 14. Debra Daniel answered questions regarding whether or not Mr. Peters had previously agreed with staff's recommendations. She stated that at the November 4, 1991 Council meeting, staff was ordered to give Mr. Peters a complete list of violations with time specified to correct the violations. At that time, Mr. Peters agreed to the conditions provided in the list. Staff was further directed to re-inspect the property and report back within six months. Mayor Holcomb stated that the Council has attempted to give Mr. Peters every benefit of the doubt by hearing his appeal. Mr. Peters stated that he has spent approximately $40,000 on his property since the seizure by the City. Mr. Peters claimed that the City has violated his constitutional rights and he and eight of his tenants are planning to seek legal action against the city. Mayor Holcomb responded that the City has offered numerous opportunities to hear the case. Mayor Holcomb 3tu~ad that when this matter came before the Council, the City tried to find a way to minimize the impact of the code enforcement action by giving whatever time was reasonably necessary to correct all deficiencies on the property. Mr. Peters answered questions regarding whether the pictures presented by Code Enforcement staff represented his property. Mr. Peters answered yes. City Attorney Penman stated that the City has tried repeatedly to ensure that Mr. Peter's rights are recognized, and are observed. On many occasions, staff has recommended to the Council that some type of immediate action be taken; each time the Council has allowed Mr. Peter's another continuance. Mr. Penman agreed that an abundance of due process is appropriate and that Mr. Peters has expressed concerns. Mr. Penman suggested that City staff prepare written responses to Mr. Peters' concerns. City Administrator Clark stated that if the Council approved the recommended form motion, Mr. Peters would have sixty days to abate his property. 20 7/6/92 Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that staff be directed to prepare written rebuttals to Mr. Peter's allegations, and that the matter be continued to August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BICYCLE CRITERIUM - AUGUST 29 AND SEPTEMBER 12 - 13, 1992 - CONTINUED FROM JUNE 17, 1992 (52) This is the time and place continued to consider a request for a bicycle criterium to be held on August 29, September 12 through 13, 1992. The request was made by Kieran Mitchell of Pro Sports, Inc., 428 Coronado Avenue, #7, Long Beach, California. In a memorandum dated June 16, 1992, Council Member Estrada, First Ward, stated that a meeting was held on June 16, 1992, with representatives of Pro Sports, Inc., and Ann Harris, Executive Director of Main Street, Inc., regarding the hosting of three pro and amateur bicycle criteriums in the City of San Bernardino. The criteriums would be 3/4 of a mile long with the start/finish on Third Street in front of City Hall. The races would be held between 2nd and Court Streets, Arrowhead and "E" Streets. It was requested that the item be continued to obtain costs and budget information from City departments. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the request for a bicycle criterium be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow receipt of costs and budget information from City departments. FIVE-YEAR LEASE - JUNIOR ALL-AMERICAN FOOTBALL - 1244 W. 9TH STREET - CONTINUED FROM JUNE 15, 1992 (53) This is the time and place continued to for consideration of a five-year lease with Junior All-American Football relative to City owned property located at 1244 W. Ninth Street for use as an equipment storage facility and meeting room. In a memorandum dated May 18, 1992, Roger G. Hardgrave, Director of Public Works /Engineering, stated that Junior All- American Football received a five-year extension of its lease in 1987. The current lease expires November 30, 1992. Junior All- 21 7/6/92 American Football has requested another five-year lease with the understanding that the rent would be increased to the current market value of the building. Real Property 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, they should continue as the tenant. Council Member Minor made a motion, seconded by Council Member Miller, that the Mayor and Common Council direct the Real Property staff to prepare a new five-year lease for Junior All- American Football with rent at current market value of $300 per month. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. REQUEST FOR CO-SPONSORSHIP - ROUTE 66 RENDEZVOUS - SAN BERNARDINO CONVENTION AND VISITORS' BUREAU - SEPTEMBER 19 AND 20, 1992 (57) In a letter dated June 24, 1992, S. Daniel Stark, Jr., Executive Director, San Be=n~=dino Convention & Visitors Bureau, 440 W. Court Street, San Bernardino, Ca, requested participation and cooperation of the City and Economic Development Agency for the upcoming Route 66 Rendezvous to be held September 19 and 20, 1992. The San Bernardino Convention & Visitors Bureau and The Sun will sponsor this event, in cooperation with the Over the Hill Gang Car Club. It is requested that City facilities, equipment and personnel be utilized in connection with the event. Dan Stark, Jr., explained that the Route 66 Rendezvous is the Third Annual event. Due to extenuating circumstances with management of the National Orange Show, they were forced to find another venue. Norton Air Force Base was considered as the site to conduct this activity, but it was felt that the downtown area would be the best location. The Route 66 Rendezvous encompasses classic cars; street rods, and a cruise night along "E" Street, Mt. Vernon, Cajon Blvd., and Hospitality Lane. It is proposed that the streets be barricaded for the classic vehicle display. Use of the fifth- level parking structure was requested for a night concert. Mr. Stark answered questions and stated Historical Route 66 signs in the City would be of Caltrans. that placement of the responsibility 22 7/6/92 City Administrator Clark stated that the Historical Route 66 organization has requested financial assistance from the City for the placement of signs. The Public Services Department of the City of San Bernardino is cooperating on the signage request. A discussion ensued regarding anticipated costs incurred by the City. Mr. Stark stated that it is proposed that reserve officers be used instead of regular police officers. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that the request by the San Bernardino Convention and Visitors's Bureau for City co- sponsorship and use of City facilities, equipment and personnel in connection with the "Route 66 Rendezvous" classic car event to be held on September 19 and 20, 1992, be approved in concept, and that the City Administrator's Office be directed to coordinate departmental involvement and cost factors and report back at the Council meeting of July 20, 1992. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:31 a.m., Chairman Holcomb called the regular meeting of ~he Corr~unity Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Sr. Assistant City Attorney Barlow. RES. 92-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN PROVISION OF HOUSING OPPORTUNITIES. (R-4) RES. 92-248 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA. (R-5) RES. 92-249 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER. (R-6) 23 7/6/92 RES. 92-250 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BOYS AND GIRLS CLUB. (R-7) RES. 92-25l RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIDS AGAINST CRIME, INC. (R-8) RES. 92-252 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CATHOLIC CHARITIES - OFFICE ON AGING. (R-9) RES. 92-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SONORA CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF HANDICAP RAMPS AT VARIOUS LOCATIONS. (R-10) RES. 92-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ARROWHEAD MECHANICAL SUPPLY, INC., FOR INSTALLATION OF HVAC UNITS AND REPAIRING ROOFS FOR MILL AND HERNANDEZ COMMUNITY CENTERS. (R-11) Council Member Minor made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 92-247, 92-248, 92-249, 92-250, 92-25l, 92- 252, 92-253, and 92-254 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. FIRST AMENDMENT TO LOAN AGREEMENT - ANITA'S BAKERY (R-15) In a memorandum dated July 6, 1992, Kenneth J. Henderson, Executive Director of Development Department, stated that Mr. Ortiz, previous owner of Anita's Bakery, (formerly the Buttercup Bakery) located at 739 N. Mt. Vernon Avenue, sold the bakery to Ricardo and Herminia Sam on June 16, 1989. Mr. Ortiz and the 24 7/6/92 subsequent owners have an agreement by which Mr. and Mrs. Sam do not assume the small business loan with the City, but instead make the monthly payments of $920.83 to Mr. Ortiz who then remits the money to the City. Mr. requested loan, and Ortiz and the present owners of the bakery have that the City allow Mr. and Mrs. Sam to assume the that Mr. Ortiz be released from his obligation. Staff has determined that it would be advantageous to extend the loan agreement to September 1, 1995, subject to certain conditions, and amortize the outstanding balance, thereby allowing the bakery to remain in operation. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council authorize the Mayor of the City of San Bernardino to execute the amendment which extends the loan amortization period and assigns additional payors to a loan agreement between the City of San Bernardino and Anita's Bakery (formerly the Buttercup Bakery) . CHANGE ORDER IMPROVEMENTS - PLAN NO. 8484 COMPANY NO. SIX CONSTRUCTION OF PHASE II MAIN STREET REVITALIZATION PROGRAM, PER - SIERRA PACIFIC ELECTRICAL CONTRACTING (R-17) ~. In a memorandum dated July 1, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended approval of Change Order No. Six, to the contract with Sierra Pacific Electrical Contracting Company, for construction of Phase II improvements on the Main Street Revitalization Program. Sierra Pacific Electrical Contracting Company haS priced a quote which includes the installation of Main Street improvements on "D" Street, from Second Street to Sixth Street, Court Street, from "E" Street to "D" Street, and Court Street (south side), from "D" Street to Arrowhead Avenue. The total cost for the Phase II improvements is $1,178,191.35. Council Member Minor made a motion, seconded by Council Member Hernandez, that the Director of Public Works/City Engineer, be directed to prepare appropriate contract documents for Phase II improvements, of the Main Street Revitalization Program, in accordance with Plan No. 8484, and to advertise for bids. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Council Member ~iller. Absent: Council ~ember Estrada. Council Nays: 25 7/6/92 ANNOUNCEMENT - THE SUN REPORTER - CAROL BAKER (4) Mayor Holcomb introduced Carol Baker, the new reporter for The Sun newspaper. RECESS MEETING At 12:23 p.m., the regular meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor Pro Tempore Maudsley reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Maudsley, Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller, City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb, Council Member Pope-Ludlam. APPEAL HEARING OFFICER'S REVOCATION OF CONDITIONAL USE EAGLE MOTEL HONG WEN YANG CONTINUED FROM JUNE 15, 1992 STATE}1=I~T ".... v. DECISION PERMIT NO. 262 - GOLDEN & LIN MEI-YUNG YANG (58) This is the time and place continued to for an appeal of the Hearing Officer's statement of decision regarding the revocation of Conditional Use Permit No. 262 (Golden Eagle Motel), as requested by Hong Wen Yang & Lin Mei-Yung Yang. In a letter dated July 2, 1992, Kenneth W. Nydam, Attorney at Law, 290 North "D" Street, Suite 807, San Bernardino, Ca, requested that the appeal of the hearing officer's statement of decision on the Golden Eagle Motel be continued to July 20, 1992. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal on the Hearing Officer's Statement of Decision on the Golden Eagle Motel be continued to July 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MAYOR HOLCOMB ARRIVED At 2:06 p.m., Mayor Holcomb arrived at the Council meeting and resumed the duties of mayor. 26 7/6/92 APPEAL - PLANNING COMMISSION'S DENIAL OF REQUEST FOR ONE-YEAR EXTENSION VEHICLE RECYCLING YARD CONDITIONAL USE . PERMIT NO. 90-32 JOHN LIGHTBURN- CONTINUED FROM JUNE 15, 1992 (59) This is the time and place continued to for an appeal of the Planning Commission's denial of request for a one-year extension of time for Conditional Use Permit No. 90-32, an application to establish a vehicle recycling yard on the south side of Walnut Street, east of Muscott Street, as requested by John Lightburn. In a memorandum dated June 4, 1992, Al Boughey, Director of Planning and Building Services, stated that on March 3, 1992, the Planning Commission denied the applicant's request for a one-year extension of time. The Planning Commission's denial was based upon the findings that the proposed recycling yard would not be compatible with existing and future land uses in the general area; that the proposed use is not compatible in scale, mass, coverage, density, and intensity with the nearby residential land uses; and that the use would impose a harmful effect upon desirable neighborhood characteristics. Council Member Miller made a motion, seconded by Council Member !olinor, ti'dt Lhe appeal for a one-year extension of time to establish a vehicle recycling yard, be continued to August 3, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow staff time to prepared recommendations and present to the Council. John Lightburn, P.O. Box 1622, San Bernardino, Ca, stated the he does not agree with the continuance, but he would accept the Council's decision. The motion carried by the following vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Nays: Council Member Hernandez. Abstain: Council Member Reilly. Absent: Council Member pope-Ludlam. COUNCIL MEMBER At 2:07 p.m., Council meeting and POPE-LUDLAM ARRIVED Council Member pope-Ludlam took her place at the council arrived table. at the PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-04 ALLOW CERTAIN CITY SPONSORED USES DOWNTOWN AREA CONTINUED FROM JUNE 15, 1.992 (60) This is the time and place continued to for a public hearing on Development Code Amendment No. 92-04, to establish criteria to allow certain City sponsored uses and activities in the downtown area through the use of a temporary use permit. 27 7/6/92 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.70.020 AND 19.70.050(1) 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 (60) Mayor Holcomb opened the hearing. Al Boughey, Director of Planning Building Services, explained that the proposed ordinance is a text change to allow City-sponsored activities in the downtown area through the use of a temporary use permit, as opposed to a conditional use permit. He stated that the proposed ordinance would not allow swap meets in the downtown area. Planning Director Boughey answered questions and stated that the farmer's market is classified as a City-sponsored activity. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing be closed and that said ordinance be laid over for final adoption. INITIATION C:r ~=VELOPMENT CODE ~'1ENDMENT THE CONDITIONAL USE PERMIT REQUIREMENT ALCOHOL SALES AT RESTAURANTS - TO DELETE FOR ON-SITE (61) In a memorandum dated June 18, 1992, Al Boughey, Director of Planning & Building Services, stated that a request was received for the Planning staff to prepare a Development Code amendment to address the deletion of the conditional use permit requirement for the on-site sale of alcoholic beverages at certain restaurants. The Development Code requires a conditional use permit for on-site sales of beer and wine and/or alcohol in restaurants. A restaurant without on-site alcohol sales does not require a conditional use permit. Council Member Miller made a motion, seconded by Council Member Estrada, that the Mayor and Common Council direct Planning staff to prepare a Development Code amendment to address the deletion of the conditional use permit requirement for restaurants with on-site alcohol sales. *Note: No vote was taken at this time. ORD. MC-840 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2)(B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALES OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES AND DECLARING THE URGENCY THEREOF. Uraencv 28 (61) 7/6/92 City Attorney Penman advised the Council that the urgency clause in the proposed ordinance conflicts with provisions in Charter Section 121. Mr. Penman stated that the urgency clause was written on an economic basis, due to the recession and does not pertain to the immediate preservation of the public peace, health and safety. Mayor Holcomb explained that the owner of the restaurant, located in the Thrifty Building, was assured by City staff that he would be able to open the restaurant without applying for a condi tional use permit to serve beer and wine. The owner is ready to open for business. Mayor Holcomb proposed that the Council approve the original ordinance with the second reading to be given at the next Council meeting and approve urgency ordinance today. He added that if the ordinance is challenged, it would delay the opening of the restaurant. City Attorney Penman answered questions and stated that if the ordinance is challenged, the ordinance could be declared invalid, and the ordinance would have to be resubmitted for approval with a first and second reading. City Attorney Penman advised the Mayor and Council of the need to take a vote that the matter of the urgency ordinance arose subsequent to the posting of the Council agenda. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the need to take action relative to the urgency ordinance arose subsequent to the posting of the Council agenda. Discussion was held regarding a timeframe for which the ordinance could be approved and not affect the opening of the restaurant. City Attorney Penman stated that if the City misrepresented itself to the business owners, of what needs to be done to open the restaurant, a quick declaratory relief action or stipulated judgement could be entered into by both parties. Mayor Holcomb stated that he would personally pay for any damages the City might suffer if the proposed action is not correct. City Clerk Krasney read the title of the urgency ordinance. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that the urgency ordinance be adopted. 29 7/6/92 A clause issues member of the Council expressed concern that in the ordinance does not address health as required by the Charter. the urgency and safety Ordinance MC-840 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Hernandez, Minor. Absent: None. City Attorney Penman presented City Clerk Krasney with a copy of the ordinance without the urgency clause. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2)(B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALES OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES. First (61) City Clerk Krasney read the title of the ordinance. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:28 p.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. *Note: The Commission was called to order so that action could be taken on Mayor and Common Council agenda Item No. 62, as funding of the General Building Inspector position would be allocated from Economic Development Funds. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Sr. Assistant City Attorney Barlow. AUTHORIZATION TO CONTINUE FUNDING GENERAL BUILDING INSPECTOR FY ECONOMIC DEVELOPMENT AGENCY. THE POSITION OF 1992-93, BY THE (62) In a memorandum dated June 25, 1992, Al Boughey, Director of Planning & Building Services, stated that on May 4, 1992, the Community Development Commission approved the reallocation of Arden-Guthrie Loan proceeds in the amount of $200,000. These appropriated funds are to be used for financing code enforcement and blight removal activities in the area. It was requested that a portion of these funds, in the amount of $48,000, be used to fund a General Building Inspector position through Fiscal Year 30 7/6/92 1992-93. The Planning and continued the assignment of inspections and follow-up on Guthrie area. Building Services a General Building correction notices Department has Inspector for in the Arden- Discussion was held regarding IVDA 20% set aside funds being used to fund the General Building Inspector position. Council Member Maudsley made a motion, seconded by Council Member Minor, that the Mayor and Council authorize the position of General Building Inspector for Fiscal Year 1992-93, effective July 1, 1992, and that said position be paid for from the EDA funds allocated for code enforcement and blight removal activities in the Arden-Guthrie area. The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor, Miller. Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: Council Council URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.04, SECTIONS 19.02.050, 19.04.020 AND 19.04.030 OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO DAY CARE FACILITIES/CENTERS AND FAMILY DAY CARE HOMES. Uroencv ~ Al Boughey, Director of Planning & Building Services, stated that the proposed urgency ordinance would allow inspections of day care facilities and family day care homes in order for applicants to obtain a business registration certificate or State license. City Attorney Penman stated that this urgency ordinance addresses the health and safety issues to make certain that the homes are in safe repair. It was pointed out that there are restrictions imposed by the State limiting the number of children allowed in a single family day care home. Council Member Estrada made a motion, seconded by Council Member Maudsley, that said urgency ordinance be adopted. Ordinance MC-841 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, ~ 31 7/6/92 RES. 92-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (Continued from earlier in the meeting. See page 14) (18) Ci ty Administrator Clark explained that the City charges Caltrans approximately $42.00 per month to utilize the City's animal shelter storage facilities for the disposal of animal carcasses. The City of San Bernardino has a contract with D & D Disposal for disposal of animal carcasses from State highways in the San Bernardino area at a cost of approximately $900 per month. She stated that the City also receives animals that are euthanized by veterinarians. Ms. Clark added that the City disposes of approximately 1900 animals per month. Council Member Hernandez made a motion, seconded by Council Member Minor, that the resolution be continued to July 20, 1992. Mayor Holcomb urged the Council to approve the resolution and instruct staff to review the facts and figures; and if the figures are out of line, the City will notify Caltrans at the end of the contract that the City will increase its costs. Council Member Minor withdrew his second. The motion failed for lack of a second. Council Member Maudsley made a motion, seconded by Council Member Minor, that staff be directed to obtain figures on the cost for disposal of animal carcasses before renewal of the next contract; and that said resolution be adopted. The motion carried and Resolution No. 92-255 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, pope-Ludlam, Miller. Nays: Council Member Estrada, Hernandez. Absent: None. RES. 92-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CREDIT BUREAU OF SAN BERNARDINO, INC., FOR DEBT COLLECTION. (Continued from earlier in the meeting. See page 14) (22) RES. 92-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEWIS AND ASSOCIATES FOR DEBT COLLECTION. (Continued from earlier in the meeting. See page 14) (23) 32 7/6/92 This is the time and place continued to from earlier in the meeting to adopt said resolutions. City Attorney Mayor and Council collection costs in Penman distributed new incorporating changes the agreements. documentation to the to the total debt Council Member Minor made a motion, seconded by Council Member Reilly, that said revised resolutions be adopted. Resolution Nos. 92-256 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-257 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. REQUEST TO DISCUSS & TAKE POSSIBLE ACTION REGULATION - DEVELOPMENT REVIEW CODE SIGN (54) In a memorandum dated June 23, 1992, Ralph Hernandez, Council Member, Third Ward, requested an opportunity to discuss and take possible action relative to sign regulations in the Development Review Code. Discussion ensued regarding a business sign located on the cornel: of 2nd and "G" Streets. It was pointed out that the sign does not conform to sign regulations in the Development Review Code. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the item be referred to the Legislative Review Committee to discuss the type of signs that can be approved. REPORT AND POSSIBLE ACTION ON CERTAIN MATTERS REFERRED TO GRAND JURY - CITY ATTORNEY (55) In a memorandum dated June 25, 1992, James F. Penman, City Attorney, requested an opportunity to report on certain matters that have been referred to the Grand Jury. Discussion ensued regarding the appropriateness of allowing City Attorney Penman an opportunity to present his report on matters that have been referred to the Grand Jury. Council Member Hernandez made Member Estrada, and unanimously allowed to present his report. a motion, seconded by Council carried, that Mr. Penman be City Attorney Penman's report encompassed concerns relative to change order requests, and the alleged Council action taken in 1989, directing that an internal audit be performed on change orders. Mr. Penman further reported that he became concerned 33 7/6/92 when a new change order came about at the Council Meeting 15, 1992. He indicated that change orders normally deal increase in price of supplies or equipment that has unexpectedly. of June with an arisen Mr. Penman gave detailed information concerning the change order on the June 15, 1992 Council agenda. Mr. Penman stated that on or about a month before the change order went through, the contractor who requested the change order made a $1000 contribution to the Mayor's committee to fight Charter amendments. Mr. Penman supported his decision to refer to the Grand Jury concerns regarding change orders, a $1000 campaign donation made to Mayor Holcomb by a construction company that had received change orders from the City, illegal grading activity occurring in the foothills without proper City permits; the Mayor's denial of the City Attorney's request to take a City engineer to view property in question, and other matters pertaining to the management of the Executive Offices. Mayor Holcomb stated that Riverside Construction Company had made a $1000 contribution to the "Save Our Charter Committee" without solicitation from him. Mayor Holcomb pointed out that the Executive Branch does not initiate change orders, that change orders are initiated by the City Engineer, which are then presented to the Council for approval. The change order in question apparently started when the estimate for building the storm drain at Chestnut appeared to cost more than what the City could afford. In order to scale the project costs down to where it would come within the estimated budget requirements, the riprapping was taken out of the original bid specifications. All bidders were given an opportunity to bid on the contract without the riprap. City Engineer Hardgrave answered questions regarding the circumstances of the change order and the items that were removed from the contract with Riverside Construction. A debate was held concerning management Executive Branch. between the Mayor and City Attorney Penman of the City Attorney's Office and the *NOTE: No action was taken on this item. PROPOSED UPDATING, MODIFICATION AND IMPROVEMENT OF CITY HALL LIGHTING (56) In a memorandum dated July 25, 1992, Bert Murphy, Manager, Facilities Management Division, stated that several proposals have been received relative to reducing the cost of energy for 34 7/6/92 City Hall lighting. The object is to reduce electric lighting cost while maintaining adequate lighting levels. Staff feels this can be accomplished by replacing existing equipment with new energy efficient equipment, adding occupancy sensors, daylight override and other energy-saving devices. The total project cost is $147,856 and the expected payback period is 36 months. At the completion of the project, the City will receive an estimated $11,000 rebate from Southern California Edison. City Administrator Clark stated that under the proposed plan to update and improve lighting within City Hall, the City will save approximately $1,000 per month after recovery of start-up costs. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the attached report on proposed updating, modifying, and improving lighting in Ci ty Hall, prepared by Energy Controls and Concepts, dated May 12, 1992, be received and filed. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the Director of Public Works/City Engineer be directed to have plans, specifications and estimates prepared for updating, modifying and improving lighting in City Hall. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the City Administrator be instructed to develop a resolution for the purpose of borrowing $148,000 from the Sewer Line Construction Fund to front the costs for the installation of the lighting project. The Sewer Line Construction Fund will be repaid over five years at 7% interest rate. CONSTRUCTION OF ORANGE SHOW ROAD - AUTHORIZATION TO ASSUME RESPONSIBILITY FOR ENGINEERING DESIGN SERVICES (S-l) In a memorandum dated July 1, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that SANBAG has approved the loan to IVDA in the amount of $800,000, to finance the preliminary engineering costs for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, and construction of the Tippecanoe Avenue/Del Rosa Avenue Connector, between Mill Street and Third Street. Since IVDA does not have adequate staff to handle the selection, negotiation of agreements, and oversee development of construction plans and specifications, it is recommended that the City assume the responsibility for these projects. 35 7/6/92 The request for a loan to SANBAG was for $1.2 million, however, SANBAG was only able to loan $800,000. It is recommended that these funds be allowed in accordance with the following priorities: 1) Orange Show Road, from Arrowhead Avenue to Waterman Avenue, 2) Tippecanoe Avenue/Del Rosa Avenue Connector, from Mill Street to Third Street; and 3) Orange Show Road, from Waterman Avenue to Tippecanoe Avenue. Council Member Estrada made a motion, seconded by Council Member Reilly, to approve for discussion purposes only. *Note: No vote was taken at this time. Council Member Estrada, Co-Chair to the IVDA Board, expressed concern on the potential impact on the Planning Department staff in completing the proposed street expansion projects and the effects on other projects that are already in the progress. Another area of concern relates to jurisdiction and planning tasks responsibilities. It was pointed out that tasks of planning should be under the jurisdiction of the City of San Bernardino, because Norton Air Force Base is in the City, and the three proposed street expansion projects are also within the City limits of San Bernardino. Council Member Estrada stressed the importance ascertaining how the three proposed street expanslon would affect the efficiency of the Planning Department projects that may be in the process for completion. of first projects and other Council Member Estrada suggested that the Council consider as first priority the utilization of the $800,000 received from SANBAG for: 1) the Tippecanoe Avenue/Del Rosa Avenue Connector, from Mill Street to Third Street project; and 2) the Orange Show Road, from Waterman Avenue to Tippecanoe Avenue project for a projected cost of $850,000. Ms. Estrada suggested that if the City is to perform the work on the street expansion projects, an inquiry should be made to determine if the City can dictate the priorities of the proposed projects. City Engineer Hardgrave answered questions and stated the extension of Orange Show Road is a City project. consulting engineer for the first project, Orange Show Road, Arrowhead Avenue to Waterman Avenue, has been selected. The for the other two projects has been determined under a request for proposals in order to get job ready. that The from cost mass Ci ty Engineer Hardgrave answered questions and stated that Projects No.2, Tippecanoe Avenue/Del Rosa Avenue Connector, from Mill Street to Third Street, and Project No.3, Orange Show Road, from Waterman Avenue to Tippecanoe Avenue, were not included in 36 7/6/92 the request for the Ci ty needs Arrowhead Avenue proposals due to funding to acquire additional and Waterman Avenue. limitations, right-of-way and that between City Attorney Penman answered questions regarding whether or not the City has legal authority to dictate to IVDA how to prioritize the street expansion projects and how to allocate the funds. Mr. Penman stated that the Council has the freedom to make an inquiry to IVDA to prioritize the projects, but requested an opportunity to research and present a written response as to the City's rights in asking IVDA to prioritize the projects. Mayor Holcomb stated that for many years the City has considered expanding Orange Show Road over to Waterman Avenue. He explained that the City is normally the lead agency for construction projects that are located within its city limits with the exception of State highways. The City made a request to SANBAG to fund all the engineering work in the form of a grant. Instead, SANBAG issued a loan rather than a grant. Mayor Holcomb pointed out that, originally, IVDA agreed to fund $1.2 million to the City, but IVDA did not have the available funds so the funding request was made to SANBAG. Mayor Holcomb felt that IVDA would still provide the $1.2 million to the City. He added that there is the probability that large public works grants may soon beccme available, but one of the criteria in utilizing the funds is that City projects must be job ready. Mayor Holcomb stated that the IVDA executive director felt that IVDA should be the lead agency and perform the work on the projects. It was pointed out that IVDA does not have the staff nor engineers to facilitate the completion of the project. City Engineer Hardgrave answered questions and stated that his department would be involved in the selection process for the consulting engineer, who would perform the design services on the projects, and would be responsible for the managing of the contracts. The Mayor and Council suggested that City Engineer Hardgrave submit a written request to IVDA to allocate funds for the hiring of additional staff, if the Engineering Department is greatly impacted by the proposed street expansion projects and other projects. City Engineer Hardgrave recommended that the City assume the responsibility for the engineering design services and authorize staff to manage the contracts, that the City move forward with the contract for the first project, Orange Show Road, from Arrowhead Avenue to Waterman Avenue; and that staff be authorized 37 7/6/92 to proceed with the selection process for the remaining Project Nos. 2 and 3. Mr. Hardgrave stated that it would take approximately four to six weeks to go through the selection process. City Engineer Hardgrave answered questions regarding the probability of adding the remaining two projects to the selected engineer's contract. Mr. Hardgrave stated it would appear that the engineer would be willing to assume the responsiblllties of the remaining projects. Council Member Minor made a motion, seconded by Council Member Estrada, that the City assume responsibility for engineering design services for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, and construction of the Tippecanoe Avenue/Del Rosa Avenue connector, from Mill Street to Third Street, including the selection of consulting engineers and execution of agreements relative to providing these design services. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. COUNCIL MEMBER REIL~~ EXCUSED Council Member Reilly left the Council meeting. RESCHEDULING OF 1992 FIRST COUNCIL MEETING IN SEPTEMBER, (New Business) Rachel Krasney, City Clerk, requested direction relative to the rescheduling of the first Council meeting in September, 1992 due to the Labor Day Holiday. She stated that the Council has the option of holding the Council meeting on Tuesday, September 8 or Wednesday, September 9, 1992. Council Member Minor made a motion, seconded by Council Member Miller, that the first Council meeting in September be rescheduled to Tuesday, September 8, 1992 at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Hernandez, Maudsley, Minor, Pope-Ludlam, None. Abstain: Council Member Estrada. Absent: Reilly. Ayes: Council Miller. Nays: Council Member 38 7/6/92 ANNOUNCEMENT BY CITY CLERK KRASNEY (4) Ci ty Clerk Krasney voiced her concerns over the dilemma between Mayor Holcomb and City Attorney Penman. She stated that to her knowledge the Mayor has not purposely tried to hold back anything from the public, the Council, nor department heads. She added that the Mayor has tried to keep things on an even keel and has kept the City's best interests at heart. ANNOUNCEMENT BY CITY ATTORNEY PENMAN CLOSED SESSION CASES ADDITIONAL (1) City Attorney Penman announced that the following additional cases would be discussed in closed session: Lawrence Crain vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 229990, Citv of San Bernardino vs. InterAmerica. et al San Bernardino Superior Court Case No. 249477. RECESS MEETING - CLOSED SESSION (1) At 4:20 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to confer with the attorney regarding pending litigation which hao been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998, San Bernardino Superior Court Case No. 252058, Countv vs. Ci tv of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241, Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652, City of San Bernardino vs. Libertv Cable T. V .. et al- United States District Court Case No. 82-6876 WMB, City of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900, City of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Maadaleno vs. Citv of San Bernardino Superior Court Case No. 248739; San Bernardino City of San Bernardino vs. Fireman's Fund Insurance Companv - San Bernardino Superior Court Case No. 271849. 39 7/6/92 CLOSED SESSION At 4:20 p.m., Mayor Holcomb 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 being present: Mayor Hernandez, Mauds1ey, Minor, Penman, Ci ty Clerk Krasney, Council Member Reilly. City Clerk Krasney with the following Holcomb, Council Members Es ~.:la, Pope-Ludlam, Miller, City l.c. '..orney Ci ty Administrator Clark. Absent: ADJOURN CLOSED SESSION At 4 :39 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Reilly. l~DJOURNMENT (64j Mayor and Common 20, 1992, in the "D" Street, San At 4:40 p.m., the regular meeting of the Council adjourned to 8:30 a.m., Monday, July Council Chambers of City Hall, 300 North Bernardino, California. RACHEL KRASNEY City Clerk BYYtd~i~ Diane JO~, Deputy City Clerk No. of Hours: 6 hrs. 40 min. No. of Items: 81 40 7/6/92