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HomeMy WebLinkAbout05-19-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 19, 1997 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, May 19, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Curlin. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: Central Citv Companv vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 29232. RECESS MEETING - CLOSED SESSION At 8: 00 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Countv/ICEMA vs. City of San Bernardino Supreme Court Case No. S050179; California The Metropolitan Water District of Southern California vs. San Bernardino Count v Flood Control District. et al. - San Bernardino Superior Court Case No. SCV 37086; Stubblefield Construction Co.. et al. vs. Citv of San Bernardino. et al. - Fourth Appellant District Court of Appeals Case No. E020341. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 5/19/1997 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957: E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Director of Personnel Emplovee Orqanization: San Bernardino City Professional Firefighters, Local 891 CITY ATTORNEY PENMAN ARRIVED At 8:01 a.m., City Attorney Penman arrived at closed session. CLOSED SESSION At 8:02 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Curlin. Also present: Simmons, Deputy City Supervisor Anderson, Senior Assistant City Attorneys Carlyle and Attorney Empeno and Administrative Operations City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER CURLIN ARRIVED At 8: 12 a.m., Council Member Curlin arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:14 a.m., Senior Assistant City Attorney Simmons left the closed session. 2 5/19/1997 ACTING CITY ADMINISTRATOR WILSON EXCUSED At 8:16 a.m., Acting City Administrator Wilson left the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:20 a.m., Deputy City Attorney Empeno left the closed session. ACTING CITY ADMINISTRATOR WILSON RETURNED At 8:20 a.m., Acting City Administrator Wilson returned to the closed session. PERSONNEL DIRECTOR DILLON ARRIVED At 8:20 a.m., Personnel Director Dillon arrived at the closed session. ADJOURN CLOSED SESSION At 8:30 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Member Curlin. INVOCATION The invocation was given by Ernest Dowdy, Executive Director of the San Bernardino Employment & Training Agency. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENT RICHARD C. CALDWELL COMMISSIONERS - MAYOR MINOR BOARD OF FIRE (2) Mayor Minor submitted a Staff Report dated April 24, 1997, recommending the appointment of Richard C. Caldwell, 3610 parkside Drive, San Bernardino, CA, to the Board of Fire Commissioners. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Richard C. Caldwell to the Board of Fire Commissioners, as recommended by Mayor Minor, be approved. Mr. Caldwell accepted his certificate of appointment. 3 5/19/1997 PROCLAMATION - RESOURCES FOR YOUTH MONTH - JUNE 1997 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of June as Resources for Youth Month in the City of San Bernardino. Sharon Swan, Principal of Lincoln Elementary School, accepted the proclamation. PROCLAMATION - FAMILY & COMMUNITY READING FESTIVAL DAY _ JUNE 7, 1997 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Saturday, June 7, 1997, as Family and Community Reading Festival Day in the City of San Bernardino. The proclamation was accepted by Catherine Meister of the Community and School Alliance Foundation. COUNCIL MEMBER CURLIN RETURNED At 9:12 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. PRESENTATION TO THE CITY - TECHNOLOGY AWARD - AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS (3) Ray Gonzalez, Regional Manager, Southern California Edison Company, stated that phase one of the City's Envest project had resulted 'in a cost savings of $217,000 in the City's electric bill, which equated to a $75,000 net positive cash flow after deduction of costs; and presented the City with the Technology Award for existing public buildings from the American Society of Heating, Refrigerating, and Air Conditioning Engineers in recognition of the City's air conditioning retrofit project. Mayor Minor and Facilities Manager James Sharer accepted the award on behalf of the City. PRESENTATIONS NATIONAL AWARD & RECOGNITION - MAKE A DIFFERENCE DAY - CERTIFICATES OF OCTOBER 26, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, presented an overview of the Make a Difference Day events, noting that San Bernardino was chosen as one of the top ten national winners, and introduced Terry Carlos of the Make a Difference Day Committee. 4 5/19/1997 Terry Carlos was joined by Pat Leathers, Wendi Smith, and Sue Patane, members of the Make a Difference Day Committee, who presented the Make a Difference Day National Award to Mayor Minor. Mayor Minor was also presented with a proclamation from the House of Representatives by Tara Clark on behalf of Congressman Jerry Lewis' office. Steve Wilson from Supervisor Hansberger's Office joined the Mayor in presenting a $2,000 check from Make a Difference Day to the nonprofit Childrens Fund organization. The check was accepted by Lois O'Donnell, Executive Director of Childrens Fund. Ms. Carlos presented certificates of appreciation, including plaques which were replicas of the certificate presented to Mayor Minor, to the 24 cities that helped with the event and many of the volunteers. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the city: Name Department Dan Ustation Martin Estacio Scott Gauley Jeffrey Northrup Eugene Ducloux Angela Joyner Denise Wilder Hector Juarez Thomas Coleman Cemetery Fire Fire Fire Fire Police Code Compliance Public Services Parks, Recreation & Community Svcs. Economic Develop- ment Agency LaVonda Pearson Years of Service 15-year pin 10-year pin 10-year Pin 10-year pin 20-year pin 5-year pin 10-year pin 20-year pin 10-year pin 5-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin made positive comments regarding the Soap Box Derby held in San Bernardino over the past weekend and commended Virginia Minor for her part in making the event a success. 5 5/19/1997 ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias reminded everyone to attend the National Orange Show (admission is free this year), and thanked the Mexican Consul for the privilege of being one of 32 delegates invited to Mexico City to review its democratic process for electing City officials and to discuss possible trade missions between Mexico City and San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council regarding the event. Member Oberhelman echoed the positive comments Soap Box Derby, stating that it was a great community ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin thanked all the volunteers who helped to make the Soap Box Derby a success. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked President Clinton for his recent apology to a Black man in Alabama for the dastardly experiment conducted on Black men for years and years. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) ~ City Attorney Penman congratulated the Soap Box Derby participants. He also presented a brief overview of the space allocations on the sixth floor of City Hall and the upcoming renovation of same. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor noted that for the first time San Bernardino would be sending two girls to the Soap Box Derby finals in Ohio. PUBLIC COMMENTS - JEFF CARR (5) Jeff Carr, Employee Representative, San Bernardino Public Employees Association, stated that on behalf of the employees in the general unit he had requested a meeting after hours with the Council regarding the budget and the impact this budget crisis could have on their lives. He stated that this was his fourth request; however, he still had not heard from anyone regarding this matter. Council Member Curlin stated he would idea; however, there were many others opportunity as well. He proposed that the not be adverse to who would like Council consider this this 6 5/19/1997 scheduling one meeting a month or one meeting a quarter to be held in the evening so the gainfully employed would be able to attend. City Attorney Penman pointed out that the budget process usually takes several months, and the Mayor and Council have always afforded the various employee and citizen groups an opportunity to present their viewpoints at some point during the process. PUBLIC COMMENTS - JUDY BATTEY (5) Judy Battey, Chairperson of the Ad Hoc stated that the committee had met five times progress report on their activities thus far. Budget Committee, and presented a Council Member Oberhelman thanked Ms. Battey and the entire committee. He announced that the meetings, which are open to the public, are held every Monday and Wednesday evening at 5:30 p.m. in the Economic Development Agency conference room, 201 North "E" Street, San Bernardino. PUBLIC COMMENTS - HAROLD PILANT (5) Harold Pilant, a citizen of San Bernardino, stated that he would like to see a change in the attitude of City employees, since they are working for the public. However, he complimented Jan Wages, Assistant to the City Administrator, for resolving a problem he had been having for over a year in a timely and efficient manner. COUNCIL MEMBER MILLER EXCUSED At 10: 08 a. m., Council Member Miller left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: March 3, 1997; March 17, 1997; March 31, 1997. 7 5/19/1997 RES. 97-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AVILA CONSTRUCTION, INC., FOR THE WIDENING OF FORTIETH STREET, BETWEEN THIRD AVENUE AND ACRE LANE. (9) RES. 97-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC., FOR PLACEMENT OF THE FINAL 1-INCH OF PAVEMENT ON HOSPITALITY LANE, FROM THE GAGE CANAL TO TIPPECANOE AVENUE. (10) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolutions be adopted. Resolution Nos. 97-124 and 97-125 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 10:09 a.m., Council Member Miller meeting and took her place at the council returned to the Council table. PERSONNEL ACTIONS (8) Council Member Oberhelman expressed concern regarding approval of Personnel Action No.5, promotion of an Associate Planner to a Senior Planner, in light of the current budget problems. Acting City Administrator Wilson explained that this was a very hands-on position, critical to the operation of the department. He also pointed out that the Planning and Building Services Department had already identified its 5 percent mandatory budget cut. Note: The Council discussed how the vote would be taken, and it was the consensus of the Council to separate Item No.5 from the other personnel actions. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 8, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified except for Personnel Action No.5. Michael Hays, Director of Planning and Building Services, stated that the department needs to retain as many talented, qualified people as possible, and this in-house promotion is recognizing the qualifications and tasks being performed by the individual in this position. 8 5/19/1997 Council Member Curlin made a motion, seconded by Council Member Negrete, that Personnel Action No. 5 (promotion of an Associate Planner to a Senior Planner), submitted by the Chief Examiner dated May 8, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Members Negrete, Curlin, Arias, Devlin, Anderson, Council Member Oberhelman. Absent: None. Ayes: Council Miller. Nays: PUBLIC HEARING - IMPOSE PROPERTY LOCATED WITHIN REGISTRATION FEES LIENS - CERTAIN PARCELS OF REAL THE CITY - UNCOLLECTED BUSINESS (11) City Clerk Rachel Clark submitted a Staff Report dated May 1, 1997, regarding the imposition of liens on property located within the City of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. No comments were received. RES. 97-l26 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (ll) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried, and Resolution No. 97-126 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3887 - 100 WEST HOSPITALITY LANE - MANTA MANAGEMENT (Continued from May 5, 1997) (12) City Attorney Penman stated that this matter involved Manta Management, who had appealed a decision of the Board of Building Commissioners; however, they had subsequently withdrawn the appeal. Council Member Oberhelman made a motion, seconded Member Anderson, and unanimously carried, that the tabled. by Council matter be 9 5/19/1997 RES. 97-127 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DANIEL, MANN, JOHNSON AND MENDENHALL, INC., (DMJM), RELATIVE TO PREPARATION OF A CONCEPTUAL PLAN FOR THE MT. VERNON AVENUE GRADE SEPARATION. (13) RES. 97-128 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DANIEL, MANN, JOHNSON AND MENDENHALL, INC., (DMJM), RELATIVE TO WIDENING THE KENDALL DRIVE BRIDGE OVER CABLE CREEK CHANNEL. (14) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-127 and 97-128 were adopted following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias I None. COUNCIL MEMBER MILLER EXCUSED At 10:23 a.m., Council Member Miller stated she would abstain from voting on the following item and left the Council meeting. CONFIRM CENTRAL CITY PARKING PLACE COMMISSION'S APPROVAL SHARED PARKING ANALYSIS SAN BERNARDINO ENTERTAINMENT CENTER (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 29, 1997, regarding approval of the Shared Parking Analysis for the San Bernardino Entertainment Center. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the approval of the Shared Parking Analysis for the San Bernardino Entertainment Center (downtown 20-screen, multiplex theatre) by the Central City Parking Place Commission, be confirmed. COUNCIL MEMBER MILLER RETURNED At 10:24 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. APPROVE CONTRACT CHANGE ORDER NO. ONE VANCE CORPORATION PAVEMENT REHABILITATION TIPPECANOE AVENUE, BETWEEN ROUTE 1-10 AND MISSION CREEK - PLAN NO. 9459 (16) 10 5/19/1997 Roger Hardgrave, Director of P~blic Works/City Engineer, submitted a Staff Report dated May 8, 1997, regarding Contract Change Order No. One to the contract with Vance Corporation for the rehabilitation of pavement on Tippecanoe Avenue between Route 1-10 and Mission Creek. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order No. One to the contract with Vance Corporation, for the pavement rehabilitation of Tippecanoe Avenue between Route 1-10 and Mission Creek, in accordance with Plan No. 9459, be approved to incorporate Additive No. One into the contract for relocation of water line facilities at an estimated increase to the contract price of $38,400 from $523,872 to $562,272. CONCUR WITH REQUEST - CONNECT COUNTY PROPERTY TO CITY'S SEWER SYSTEM - 4532 NORTH "F" STREET (17) Roger Hardgrave submitted a Staff Report dated April 28, 1997, regarding the connection of unincorporated property located at 4532 North "F" Street to the City's sewer system. Mayor Minor stated that he believed this request was just the first of several which would come before the Council, and suggested that the City should have a policy in place before taking any action. r Council Member Oberhelman stated he wanted said policy to ensure that unincorporated properties which connect to the City's sewer system pay the same capacity fee as everybody else. Discussion ensued on whether there was already a policy in place which required the property owner to apply for annexation to the City prior to applying for sewer service. Some of the Council expressed a desire to see this matter tabled, or continued until they had more information. Roger Hardgrave, Director of Public Works/City Engineer, explained that the County requires the property owner to make an attempt to secure permission to connect to the City's sewer system, and the Government Code requires that any connection of a County parcel to a City's sewer or water system must be approved by the Local Agency Formation Commission (LAFCO). LAFCO will not proceed until they receive concurrence from the City. Acting City Administrator Wilson suggested that the Council direct the Director of Public Works to develop a policy for allowing unincorporated areas to connect to the City's sewer system and to reconsider this request once the policy is in place. 11 5/19/1997 Council Member Devlin stated that he did not think the City should be approving these requests and commented on the outrageous fee charged by the Local Agency Formation Commission (LAFCO). It was also noted that any continuance of the item would adversely affect the property owner; therefore, it would be better to deny the request and let the owners proceed with getting their septic tank. In the meantime, the City could develop a policy. Council Member Anderson made a motion, Member Oberhelman, that the matter be tabled. vote taken.) seconded by Council (Note: There was no Council Member Negrete made a substitute motion, seconded by Council Member Devlin, and unanimously carried, that the request to connect the unincorporated property, known as 4532 North "F" Street, to the City's sewer system be denied; and that the Director of Public Works be directed to develop policy guidelines for property outside the City limits connecting to the City's sewer system. APPROVE FINAL 15775 - NORTH CANYON ROAD MAP - REVERSION TO ACREAGE - TRACT NO. OF FOOTHILL BOULEVARD & SOUTH OF DALEY (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 7, 1997, regarding approval of the final reversion to acreage map for Tract No. 15775. Council Member Devlin made a motion, seconded by Council Member Anderson, that the final map for Tract No. 15775, reversion to acreage, be approved; and that authorization be granted to accept the dedication for easements for public purposes, as shown on the final map. The motion carried by the following vote: Members Negrete, Curlin, Arias, Devlin, Anderson, Council Member Oberhelman. Absent: None. Ayes: Council Miller. Nays: CONFIRM 1997-98 ASSESSMENT ROLLS - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS 951 (ZONES 1 AND 2), 952 (ZONES 1, 2, 2A, AND 3), 953, 956, 959, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1005, 1007, 1016, 1017 & 1019; SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICTS 962, 963 & 989; CONSTRUCTION ASSESSMENT DISTRICTS 973 & 1004 (TRAFFIC SIGNAL CONSTRUCTION), AND CHAPTER 12.92 1993-01 (STREET WIDENING IMPROVEMENTS) (19) 12 5/19/1997 RES. 97-129 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (19A) RES. 97-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA. (19B) RES. 97-131 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE DISTRICT, 16TH STREET AND MEDICAL CENTER DRIVE AREA. (19C) RES. 97-132 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR DISTRICT NO. 956, LANDSCAPE MAINTENANCE CARNEGIE DRIVE AREA. BERNARDINO ASSESSMENT DISTRICT, (19D) RES. 97-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, ZONE 1, LANDSCAPING MAINTENANCE, SHANDIN HILLS AREA. (19E) RES. 97-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, SEWER LIFT STATION MAINTENANCE DISTRICT, PINE AVENUE AREA. (19F) RES. 97-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, SEWER LIFT STATION MAINTENANCE DISTRICT, ALLEN STREET AREA. (19G) RES. 97-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE DISTRICT, AIRPORT DRIVE. (19H) RES. 97-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 973, INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND HALLMARK PARKWAY. (19I) RES. 97-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND EUCALYPTUS AVENUE AREA. (19J) 13 5/19/1997 RES. 97-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND MILL STREET AREA. (19K) RES. 97-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE DISTRICT, PINE AVENUE AND BELMONT AVENUE AREA. (19L) RES. 97-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE DISTRICT, MERIDIAN AVENUE AND RANDALL AVENUE AREA. (19M) RES. 97-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE DISTRICT, PIEDMONT DRIVE AREA. (19N) RES. 97-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE DISTRICT, RIALTO AVENUE AND MACY STREET AREA. (190) RES. 97-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, SEWER LIFT STATION AND LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND MACY STREET AREA. (19P) RES. 97-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING ~~INTENANCE DISTRICT, VERDEMONT DRIVE AND OLIVE AVENUE AREA. (19Q) RES. 97-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND JUNE STREET AREA. (19R) RES. 97-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE DISTRICT, CHESTNUT AVENUE AREA. (19S) RES. 97-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING 1<'.AINTENANCE DISTRICT, PENNSYLVANIA AVENUE AND BIRCH STREET AREA. (19T) 14 5/19/1997 RES. 97-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1002, LANDSCAPING MAINTENANCE DISTRICT, "H" STREET AREA. (19U) RES. 97-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, INSTALLATION OF TRAFFIC SIGNALS, COMMERCENTER EAST AND HOSPITALITY LANE. (19V) RES. 97-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND PEPPER LINDEN AVENUE AREA. (19W) RES. 97-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND RANDALL AVENUE AREA. (19X) RES. 97-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT, COULSTON STREET AREA. (19Y) r RES. 97-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1997/98 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1017, LAi'llDSCAPING 1<'.AINTENANCE DISTRICT, KENDALL AVENUE AND PINE AVENUE AREA. (19Z) RES. 97-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-01 ASSESSMENT ROLL FOR THE 1993-01 STREET WIDENING IMPROVEMENT PROJECT UNDER THE PROVISIONS OF CHAPTER 12.92 OF THE SAN BERNARDINO MUNICIPAL CODE, STREET IMPROVEMENTS AT "E" STREET AND RIALTO AVENUE, AND "D" STREET AND MILL STREET. (19M) City Attorney Penman advised that two assessment districts had not been included on the agenda because it was determined that they did not comply with Proposition 218--the Downtown Parking District (Assessment District No. 947) and the Vanderbilt Fire Station Construction District (Assessment District No. 971). Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolutions, Items 19A through 19Z and 19AA, be adopted; and that the Director of Public Works/City Engineer be authorized and directed to terminate the Vanderbilt Fire Station Construction District, known as Assessment District No. 971. 15 5/19/1997 The motion carried, and Resolution Nos. 97-129, 97-130, 97- 131, 97-132, 97-133, 97-134, 97-135, 97-136, 97-137, 97-138, 97- 139, 97-140, 97-141, 97-142, 97-143, 97-144, 97-145, 97-146, 97- 147, 97-148, 97-149, 97-150, 97-151, 97-152, 97-153, 97-154 and 97- 155 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. WAIVE FEES $245 GENTS ORGANIZATION SOFTBALL TOURNAMENT - JUNE 7, 1997 SLOW PITCH (20) Acting City Administrator Fred Wilson submitted a Staff Report dated May 8, 1997, regarding a waiver of fees for the use of Parks, Recreation and Community Services facilities, equipment and services for a slow pitch softball tournament sponsored by the Gents Organization. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the request for waiver of fees in the amount of $245 for the use of Parks, Recreation and Community Services facilities, equipment and services for a slow pitch softball tournament scheduled for June 7, 1997, be denied. The motion carried by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. r RES. 97-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING FOR AMBULANCE TRANSPORT SERVICES WITH AMERICAN MEDICAL RESPONSE (AMR) AMBULANCE SERVICES OF SAN BERNARDINO. (21) Mayor Minor explained that said amendment would provide for American Medical Response to provide ambulance service for 90 days after the Supreme Court issues its final decision on whether the City will be allowed to operate its own emergency medical transport service, with no addition in fees. The Council inquired whether this action would conflict with the current roll-over language in the thereby exposing the City to additional litigation. City Attorney Penman stated that the amendment is clear that it extends the contract for 90 days beyond the date when the Supreme Court decision becomes final and should not be cause for concern. create a contract, Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. 16 5/19/1997 Resolution No. 97-156 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE ESTABLISHMENT - OPEN PURCHASE ORDER - PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT WITH MERIT DAY FOODS - $40,000 - PURCHASE RAW FOOD PRODUCTS - CITY'S SENIOR NUTRITION PROGRAM - FY 1997/98 (22) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated April 29, 1997, regarding an open purchase order with Merit Day Foods for the purchase of raw food products for the City's Senior Nutrition Program. Council Member Miller made a motion, seconded by Council Member Arias, and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to establish an open purchase order in the amount of $40,000 with Merit Day Foods for the purchase of raw food products for the City of San Bernardino's Senior Nutrition Program; and that the City's Purchasing Manager be directed to issue the purchase order for same. RES. 97-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO PARTICIPATE IN THE PAROLE LEADS COMPUTER SYSTEM AND EXECUTE THE AGENCY PARTICIPATION AGREEMENT AND HOLD HARMLESS AGREEMENT WITH THE PAROLE AND COMMUNITY SERVICES DIVISION OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS. (23) Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 97-157 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECEIVE & FILE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) JOINT POWERS AUTHORITY - FINANCIAL STATEMENTS & SUPPLEMENTARY INFORMATION - FISCAL YEARS ENDING JUNE 30, 1995 & 1996 (Continued from May 5, 1997) (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council receive and file the Big Independent Cities Excess Pool (BICEP) financial statements and supplemental information for the fiscal years ending June 30, 1995 and 1996. COUNCIL MEMBER CURLIN EXCUSED At 10:57 a.m., Council Member Curlin left the Council meeting. 17 5/19/1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (Continued from May 5, 1997) Final (25) Barbara Pachon, Director of Finance, stated that various funding options had been discussed with the Public Employees Retirement System (PERS) and the most viable alternative would be to use the PERS surplus asset account. She added, however, that the negative side to using this account is that this money will not be available to lower the City's rates in the future. Discussion ensued regarding the number of employees who might take advantage of the "golden handshake" offer, possible revision of the list of eligible positions, and the fact that upon approval of the ordinance, the Council would have 30 days before it became effective to reverse the action if they so desired. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to June 2, 1997; and that Acting City Administrator Wilson work with the Council Members and return on June 2 with a revised list of positions eligible to retire under the amendment to the contract with the Board of Administration of the Public Employees' Retirement System. ,- RECESS MEETING At 11:04 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:12 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Hays. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 96-13 - AMEND LAND USE DESIGNATION - FROM RS, RESIDENTIAL SUBURBAN, AND CG-l, COMMERCIAL GENERAL, TO RU-l, RESIDENTIAL URBAN - 14 PARCELS - BETWEEN MT. VERNON & EUREKA AVENUES, NORTH OF MILL STREET. (Continued from May 5, 1997) (26) Council Member Arias stated that the concerns expressed by some of the surrounding neighbors had been clarified and voiced her support of the proposal. 18 5/19/1997 Mayor Minor opened the hearing. No comments were received. RES. 97-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-13 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (26) Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 93-16. The motion carried, and Resolution No. 97-158 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 8.72.065 RELATING TO SMOKING AT THE SAN BERNARDINO STADIUM AND AT ALL OTHER OPEN AIR SPORTS STRUCTURES. First (Sl) A discussion ensued regarding the fact that the current smoking policy seems to be working quite well for everyone, so why change a policy when there are no apparent problems. Council Member Miller made a motion, Member Oberhelman, and unanimously carried, tabled. seconded by Council that the matter be RECESS MEETING At 11:21 a.m., Mayor Minor recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Development Director Winkler. Absent: None. 19 5/19/1997 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY _ JOINT REGULAR MEETING At 2:04 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. At this time the Community Development Development Commission Mayor and Common Council, Commission, took action items. acting as the on Community ADJOURNMENT At 3:01 p.m., the meeting was adjourned. regular meeting will be held at 8:00 a.m., Monday, the Council Chambers of City Hall, 300 North Bernardino, California. (19) The next joint June 2, 1997, in liD" Street, San RACHEL G. CLARK City Clerk By ~ini;;.alcadF ( Deputy City Clerk No. of Items: 29 No. of Hours: 4.5 20 5/19/1997