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HomeMy WebLinkAbout06-03-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 3, 1996 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:03 a.m., Monday, June 3, 1996, 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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. City Attorney Penman announced that the following additional case would be discussed in closed session: John Lee Bell vs. D. Keil, G. Napier, City of San Bernardino, et al. - United States District Court Case No. CV95-4231 WDK (JGx) . RECESS MEETING - CLOSED SESSION At 8:03 a.m., the Mayor and Common session for the following: (1) Council recessed to closed 1. Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9 (a): City of San Bernardino vs. Larry A. Sinqleton San Bernardino Superior Court Case No. SCV 29716; City of San Bernardino vs. Larry A. Sinqleton San Bernardino Superior Court Case No. SCV 29717; Mark A. Johnson vs. City of San Bernardino -- Worker's Compensation Appeals Board Case No. MON 0190919 Claim No. 931812. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: no cases. 1 6/3/1996 C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: no cases. D. Conference with real property negotiator pursuant to Government Code Section 54956.8. (See related Item No. 25 - page 12) Property: Pioneer Memorial Cemetery, 211 E. 9th Street, San Bernardino, CA 92410. Neqotiatinq Parties: City of San Bernardino; Potential Successful Bidder. Under Neqotiation: Instructions to negotiator concerning price and terms of payment. E. Conference with legal counsel pursuant to Government Code Section 54957 - public security. (See related Item No. 35 - page 26) CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Ci ty Administrator Shauna Clark. Also present: Assistant City Administrator Wilson; Senior Assistant city Attorneys Barlow and Carlyle, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Director of Personnel Dillon; Chief of Police Dean; and Attorney Bob Bakke of Mark, Bolson, Kuntz, & Serembe, 600 N. Arrowhead Avenue, San Bernardino, CA. 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 agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council while the Council was in closed session. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 8:10 a.m., City Administrator Shauna Clark arrived at the closed session. 2 6/3/1996 ASSISTANT CITY ADMINISTRATOR WILSON, PERSONNEL DIRECTOR DILLON & ATTORNEY BOB BAKKE EXCUSED At 8:10 a.m., Assistant City Administrator Wilson, Personnel Director Dillon, and Attorney Bob Bakke left the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 8:18 a.m., City Administrator Shauna Clark left the closed session. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 8:25 a.m., City Administrator Shauna Clark returned to the closed session. FACILITIES MANAGER SHARER & CABLE TELEVISION MANAGER KELLER ARRIVED At 8:30 a.m., Facilities Manager Sharer and Cable Television Manager Keller arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:40 a.m., Council Member Miller left the closed session. COUNCIL MEMBER MILLER RETURNED At 8:50 a.m., Council Member Miller returned to the closed session. ADJOURN CLOSED SESSION At 8: 55 a. m., the closed session adjourned to 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. RECONVENE MEETING At 9:03 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. 3 6/3/1996 PRESENTATION - SISTER CITIES PROGRAM - AMBASSADORS OF GOOD WILL - TACHI KAWA , JAPAN (3) Jean Andersen, Executive Director, Cultural and International Affairs, Mayor's Office, introduced four local high school students, known as Tachi Kids, who will be leaving June 22 to stay with families in Tachikawa, Japan, as official Ambassadors of Good will for the City of San Bernardino. Mayor Minor presented certificates and City pins to the four students, as follows: Stacy Duty, Caj on High School; Mollee Hornal, San Gorgonio High School; Laurie Moffett, San Bernardino High School; and Scott Oakley, Cajon High School. PRESENTATION CERTIFICATES OF FRIENDSHIP HONORARY CITIZENS OF SAN BERNARDINO - DELEGATION FROM YUSHU, CHINA (3 ) Council Member Miller introduced members of Bernardino, California/Yushu, China Sister Cities Committee; members of a delegation from Yushu, China; Press, Vice President, Sister Cities International, Privadas, San Bernardino, CA. the San Executive and Thelma 1740 Lomas Mayor Minor presented Certificates of Friendship to the following delegates from Yushu, China: The Honorable Lin Zhong Yu, Mayor; Honorable Bao Shang Yan, Chairman of the City Congress; Honorable Jing-Yao Wei, Director of Foreign Affairs; and Honorable Wen-Xue Zou, Director of Finance. The Honorable Lin Zhong Yu presented gifts to Mayor Minor and members of the Council. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman complimented the outstanding production of "Legend of the that he hopes it becomes an annual event. Main Street, Inc., for Arrowhead," and stated ANNOUNCEMENT - MAYOR MINOR (4) Mayor Minor expressed condolences to the family of Jim Celano, who recently passed away. PUBLIC COMMENTS - ROSKO KIDWELL (5) Rosko Kidwell, 522-D W. First Street, Rialto, was in attendance at the May 20 Council meeting express his thanks and appreciation to the Mayor and Devlin for the outstanding job they did in handling that occurred. CA, stated he and wanted to Council Member the disruption 4 6/3/1996 PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed disgust at the melee that took place at the Council meeting of May 20 and the fact that 33 items were included on the consent calendar, thereby precluding the publ ic from speaking to these items. PUBLIC COMMENTS - STEPHEN SUTHERLAND (5) Stephen Sutherland, 426 W. Baseline Street, San Bernardino, CA, representing the Baseline Area Business Association, submitted a letter dated June 3, 1996, and spoke in support of a program similar to the freeway adoption program for maintaining San Bernardino's streets and sidewalks. PUBLIC COMMENTS - BOBBY OQUENDO (5) Bobby Oquendo, 3094 N. central Avenue, San Bernardino, CA, encouraged everyone to attend the Vera Lopez Scholarship Dinner at 5:30 p.m., Saturday, June 8, 1996, at the National Orange Show, when 15 local high school students would each be awarded a $500 scholarship. Tickets are $35 each and available at the Mitla Cafe, 602 N. Mt. Vernon Avenue, San Bernardino, CA, or by calling 864- 6987. Mr. Oquendo thanked the local area businesses for making these scholarships possible. PUBLIC COMMENTS - PHILIP POWELL (5) Philip Powell, 1214 S. Waterman Avenue, San Bernardino, CA, began speaking regarding an agendized item and was informed by Mayor Minor that he could not speak to this item during public comments, but must wait until the item came before the Council. RECESS MEETING At 9:34 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 9:43 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North nDn 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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. 5 6/3/1996 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Negrete made a motion, Member Arias, and unanimously carried, that resolutions and ordinances on the regular and of the Mayor and Common Council, be waived. seconded by Council full reading of the supplemental agendas RES. 96-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (8) Council Member Negrete made a motion, seconded by Council Member Arias, that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid; and that said resolution be adopted. The motion carried, and Resolution No. 96-143 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMERGENCY PLAN DATED JANUARY 1996 (EXHIBIT A) PERTAINING TO EMERGENCY SERVICES FOR SAID CITY AND REPEALING RESOLUTION 88-229. (9) Council Member Negrete made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 96-144 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-968 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.04.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALE OF SURP~US CITY PROPERTY. Final (10) ORD. MC-969 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 9.04.025 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO USE OF THE CITY SEAL. Final (11) ORD. MC-970 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.22 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO OUTDOOR SALES AND DISPLAYS. Final (13) ORD. MC-971 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY. Final (14) 6 6/3/1996 Council Member Negrete made a motion, seconded by Council Member Arias, that said ordinances be adopted. Ordinance Nos. MC-968, MC-969, MC-970 and MC-971 were by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. None. adopted Curlin, Absent: SET PUBLIC HEARING 10:00 A.M. JUNE 17, 1996 INCREASE ADMINISTRATIVE CHARGE - PROCESSING NUISANCE & WEED ABATEMENTS - FROM $75 TO $110 (15) James Howell, Director of Public Services, submitted a Staff Report dated May 22, 1996, relative to setting a public hearing regarding increasing the administrative charge for processing nuisance and weed abatements, from $75 to $110. Council Member Negrete made a motion, seconded by Council Member Arias, and unanimously carried, that a public hearing be set for 10:00 a.m. on June 17, 1996, for the purpose of increasing the administrative charge for processing nuisance and weed abatements from $75 to $110. CLAIMS & PAYROLL (16) Council Member Negrete made a motion, seconded by Council Member Arias, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated May 15, 1996, from the Director of Finance, be approved. RES. 96-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE KENDALL DRIVE AND PINE AVENUE AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1017, APPROVING PRELIMINARY ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. (18) RES. 96-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC. FOR REHABILITATING THE PAVEMENT ON LYNWOOD DRIVE, FROM DEL ROSA AVENUE TO VICTORIA AVENUE. (Discussed later in the meeting - see page 28) (19) Council Member Negrete made a motion, seconded by Council Member Arias, that said resolutions be adopted. Resolution Nos. 96-145 and 96-146 were adopted following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias! None. 7 6/3/1996 APPROVE CONTRACT CHANGE ORDER NO. FIVE AUTHORIZE ADDITIONAL COMPENSATION TO CONTRACTOR EXTRA WORK PERFORMED IN PARKING LOT AREA DUE TO CONFLICTS WITH UTILITIES NOT SHOWN ON PLANS CONTRACT INCREASE OF $20,000 PASSENGER TERMINAL ACCESS ROADS & PARKING FACILITIES - SAN BERNARDINO INTERNATIONAL AIRPORT - PLAN NO. 9283 (20) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 15, 1996, regarding approval of Change Order No. Five to the contract with Riverside Construction for extra work performed in the parking lot area of the San Bernardino International Airport due to conflicts with utilities not shown on the plans. Council Member Negrete made a motion, seconded by Council Member Arias, and unanimously carried, that Change Order No. Five to the contract with Riverside Construction for improvement of access roads and parking facilities for the passenger terminal for the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9283, be approved; and that the contractor be authorized additional compensation for extra work performed in the parking lot area due to conflicts with utilities not shown on the plans, for a net increase to the contract price of $20,000, from $2,645,557.08 to $2,665,557.08. APPROVE PLANS - AUTHORIZE ADVERTISEMENT OF BIDS - DRILL TWO WATER WELLS & APPURTENANT FACILITIES - SAN BERNARDINO INTERNATIONAL AIRPORT - PLAN NO. 9490 (21) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 14, 1996, regarding authorization to advertise for bids for drilling of two water wells and appurtenant facilities at the San Bernardino International Airport. Council Member Negrete made a motion, seconded by Council Member Arias, and unanimously carried, that the plans for drilling two wells and appurtenant facilities at San Bernardino Trade Center and International Airport, in accordance with Plan No. 9490 be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT WITH LOS PADRINOS, INC., A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITYWIDE GRAFFITI REMOVAL PROGRAM, BY EXTENDING THE TERM OF THE AGREEMENT FOR A ONE YEAR PERIOD. (7) 8 6/3/1996 Max Alonzo, Executive Director, Los Padrinos Youth Services of Southern California, 1464 E. Rialto Avenue, San Bernardino, CA, spoke in support of their program, stating that 188 different boys participated from June 1995 through June 1996. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-147 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. COUNCIL MEMBER ARIAS EXCUSED At 9:48 a.m., Council Member Arias left the Council meeting. ORD. MC-972 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MISCELLANEOUS SECTIONS OF CHAPTERS 19.02, 19.06, AND 19.70 OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT CODE) PERTAINING TO OUTDOOR SALES AND DISPLAYS. Final (12) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-972 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. COUNCIL MEMBER ARIAS RETURNED At 9:49 a.m., Council Member Arias returned to the Council meeting and took her place at the council table. PERSONNEL ACTIONS (Discussed later in the meeting - see page 20) (17) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the personnel actions submitted by the Chief Examiner dated May 23, 1996, 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. (Note: There was nO vote taken.) Council Member Anderson stated she had questions regarding the selection process used to determine which individuals would be promoted from Fire Engineer to Fire Captain, and stated that she could not take action on this matter without answers to her questions. City Attorney Penman stated that although the Council is required to approve hires and promotions, the process is handled by the Civil Service Board to avoid politics and ensure that the process is handled fairly and impartially. 9 6/3/1996 Discussion ensued regarding the Civil Service process; in particular, the selection process for promotions. City Attorney Penman again warned that the Council was delving into a dangerous area by discussing personnel issues, and that the courts would not permit the Council to circumvent the Civil Service procedure. He also noted that if a particular person was being discussed, this would have to be done in closed session. Doug Chandler, Chief Examiner, Civil Service, provided the Council with the promotional list for Fire Captain. He explained that following the written examination, a list of those individuals who qualified is submitted to the department in alphabetical order. Subsequently, a panel comprised of outside raters interviews the applicants and makes a recommendation to the chief. Discussion ensued regarding continuation of this item to a later date or time. Council Member Negrete made a substitute motion to continue all Fire Department promotions, Personnel Action Nos. 3, 4, 5, 6, 7, and 8, for two weeks. The substitute motion failed for lack of a second. City Administrator Shauna Clark suggested that Council approve everything except Personnel Action Nos. 3 and 4, the promotions from Fire Engineer to Fire Captain. Council Member Negrete made a substitute motion, Council Member Curlin, to continue for two weeks. items to be continued were not specified.) seconded by (Note: The The substitute motion failed by the Council Members Negrete, Curlin. Nays: Oberhelman, Devlin, Miller. Abstain: Absent: None. following vote: Ayes: Council Members Arias, Council Member Anderson. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, that the personnel actions submitted by the Chief Examiner dated May 23, 1996, 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 Nos. 3 and 4; and that consideration of Nos. 3 and 4 be postponed until later in the afternoon. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Abstain: Council Member Anderson. Absent: None. 10 6/3/1996 RES. 96-148 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1996. (Sl) David Kennedy, City Treasurer, advised the Council that they need to be aware of what is going on with the City financially, and that he prepares a monthly report to ensure that they are kept informed. Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-148 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RES. 96-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO FILE A GRANT APPLICATION WITH THE DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR ADDITIONAL POLICE OFFICERS PURSUANT TO THE COPS UNIVERSAL HIRING PROGRAM. CONTINGENT UPON RECEIVING A WAIVER OF MATCHING FUNDS/MAXIMUM FUNDS PER OFFICER HIRED OR THE AVAILABILITY FUNDING FOR THE REQUIRED CITY MATCH. (S2) Discussion ensued regarding the fact that the City would be responsible for full funding of these positions at the end of three years and whether the current attrition rate within the Police Department would accommodate for this factor and provide openings for these positions by the end of the three-year period. Chief Dean pointed out that the department would not attempt to maintain any unfilled vacancy rate; that they will be trying to fill every vacancy that occurs. He also noted that there is an annual reapplication process required with this grant; therefore, funding approved for one year does not necessarily mean funding would be approved for all three years. Mayor Minor complimented Police Chief Dean for attempting to get the waiver on the matching funds, for proposing some form of set-aside funds in order to retain these officers after the three- year funding period, and for interweaving his comprehensive plan with the Police Strategic Plan Task Force plans on crime reduction. City Administrator Shauna Clark asked whether there were any hidden costs that would have to be met by the general fund if the grant was approved. Chief Dean stated that all associated costs have been identified and no hidden costs remain. 11 6/3/1996 Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-149 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent:: None. AUTHORIZE ACCEPTANCE OF BID PIONEER MEMORIAL CEMETERY page 2) - NEGOTIATE SALES AGREEMENT - (See related Item No. 1.D - (25) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated May 28, 1996, regarding acceptance of the bid received from the Loewen Group International, Inc., for purchase of the City-owned Pioneer Memorial Cemetery and negotiation of said sales agreement. Mr. Wilson noted that only one payment of $555,908 was proposed to be made prior to the close of escrow; therefore, in order for the General Fund to realize the full $926,513 in revenue in fiscal year 1996-97, it was recommended that the balance of payments ($370,605) be loaned to the General Fund by the Trust and Agency Fund (City Hall sinking fund), with subsequent payment received from the Loewen Group to be deposited to the Trust and Agency Fund. City Administrator Shauna Clark informed the Mayor that Mr. Larry Ansbach, the City's cemetery broker, audience to answer any questions they might have. and Council was in the Mayor Minor opened the floor for any oral bids, with a bottom line acceptable bid of $926,513. No oral bids were received. Discussion ensued regarding the proposed agreement, the amount of money in the City Hall sinking fund, and what provisions could be made to ensure that the City maintains control of the endowment fund if the buyer should default. Larry Ansbach, President, American Cemetery Association, stated that the endowment fund goes to the new owners for future maintenance; however, as part of the agreement the City could stipulate that the money remain in current investments, to be disbursed over the five-year period of the agreement. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the bid as received for the sale of certain City-owned property located at the corner of Sierra Way and 7th Street in the City of San Bernardino (Pioneer Memorial Cemetery) from the Loewen Group International, Inc., be accepted, contingent upon successful negotiation of an acceptable sales agreement; and that staff be directed to negotiate a sales agreement with the Loewen Group, to be brought back to the Mayor and Council for final approval. 12 6/3/1996 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS - ORDER NO. 3156 - 1670 NORTH MT. VERNON AVENUE - GHANSHYAM PATEL (24) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated May 22, 1996, regarding appeal of the Board of Building Commissioners' Order No. 3156 relative to property located at 1670 Mt. Vernon Avenue, San Bernardino, California. Mayor Minor opened the hearing. There were no public comments. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed; that the Mayor and Common Council uphold Order No. 3156 of the Board of Building Commissioners; and that the appeal be denied. DISCUSS & TAKE POSSIBLE ACTION - POLICE AD HOC COMMITTEE - ASSESSMENT DISTRICT NO. 994 - CITY-WIDE STREET LIGHTING & STREET SWEEPING - ADVISORY MEASURE FOR NOVEMBER 1996 BALLOT $9 INCREASE (Continued from May 20. 1996) (Discussed later in the meeting - see page 24) (22) Submitted into the record was an undated letter from the East Inland Empire Association of Realtors, Inc., addressed to Councilman Jerry Devlin, urging the City Council "to honor its pledge (twice given) to end the temporary fix (provided by Assessment District 994) and study the comprehensive plan for policing the City recently completed by the new Police Chief and develop a statement of the funds needed to fully implement that plan. Then, to prepare a Police Tax and submit it to the voters for approval." Council Member Devlin presented an overview of Assessment District No. 994, stating that it was formed in 1990 to raise funds to increase Police Department staffing, with a subsequent increase in 1994 to provide the matching funds needed to take advantage of a Federal grant for additional officers. He noted that both the grant funding and Assessment District No. 994 expire in June 1997; and in order to maintain current staffing levels it will be necessary to add an additional $9 to the current assessments. He stated that in 1994 the Council had promised the people of San Bernardino a vote on Police funding, therefore, the Council needed to take action to place something on the November ballot. Council Member Devlin suggested three alternatives for inclusion on the November ballot, as follows: An advisory vote asking voters if they would: 1) Support an increase of $9 per parcel in order to retain nine police officer positions which will lose grant funding in June 1997, 2) Support increases in the 13 6/3/1996 current Assessment District No. 994 to fund an increase in the number of police officers to allow for a 33 percent proactive patrol, or 3) Support an ad valorem tax measure to fund additional police positions if placed on the ballot for approval. Discussion ensued regarding the various options available to the Council. It was noted that the assessment district cannot be increased more than it would actually cost to provide the services of street lighting and street sweeping; and that both the ad valorem tax and the parcel tax would require a full-blown election and 66.6 percent of the votes to pass, as well as extensive engineering-type work and information as to what the cost would be per parcel, since this information must be provided to the voters. The engineering work would cost an estimated $120,000 plus election costs of $20,000 to $30,000. Ci ty Administrator Shauna Clark stated that the original assessment levied by Assessment District No. 994 was $48, which was subsequently increased by Council to $65. She stated that her understanding of what the Council had promised the voters was whether to continue the assessment district, because the Council holds the power to do this, but felt more comfortable asking the voters. Mayor Minor acknowledged a fourth grade class from Loma Linda Elementary School in the audience. Mayor Minor stated that law enforcement in the City of San Bernardino should be at a level decided by the people, and they need an opportunity to indicate this by their vote. The issue must be brought forward for the citizens to support or oppose, even if it takes a two-thirds vote to move forward. Discussion continued, and Council expressed concern that the people would not vote for an increase of taxes or assessments unless they have been advised of where the City now stands, what the City has planned, and what the cost will be. It was noted that the Strategic Plan will soon be ready for submission to the people, and at that time the Council will be able to indicate what the City can do if they have the vote and the funds. Discussion ensued relative to approval of a general directive to notify the Registrar of Voters that the City plans to include a Measure on the November ballot; and to discuss the specifics later in the meeting. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the City Clerk be directed to notify the Registrar of Voters that the City is planning to submit a Measure no later than July 5, 1996, for inclusion on the November 5, 1996 ballot. 14 6/3/1996 APPROVE - FACTORS OF CONSIDERATION - PROPOSED SPHERE OF INFLUENCE EXPANSION - NORTH OF MEYERS ROAD - NORTHWEST OF LITTLE LEAGUE DRIVE - VERDEMONT (MARTIN RANCH) AREA - LOCAL AGENCY FORMATION COMMISSION (LAFCO) 2808 (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 16, 1996, regarding expansion of the City's Sphere of Influence to include approximately 377 acres located north of Meyers Road and northwest of Little League Drive in the north Verdemont area and submission to LAFCO of "Factors of Consideration" which would address issues of land use and City services. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the factors of consideration relative to the proposed expansion for the City's Sphere of Influence for the area generally located north of Meyers Road, northwest of Little League Drive and more specifically described in LAFCO No. 2808, be approved; and that the City Clerk be authorized and directed to file a certified copy with the Executive Officer of the Local Agency Formation Commission. ESTABLISH FAIR MARKET VALUE - ORANGE SHOW ROAD PROPERTIES - AUTHORIZATION TO PROCEED - ACQUISITION OF RIGHTS-OF-WAY - CONSTRUCT ORANGE SHOW ROAD (29) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated May 23, 1996, establishment of the fair market value for Orange properties and authorization to proceed with acquisition of-way needed to construct Orange Show Road. Engineer, regarding Show Road of rights- Phil Powell, pastor of the San Bernardino Christian Center, 1214 S. Waterman Avenue, San Bernardino, CA, stated that his church would be directly affected by this action and requested help in getting their plans through Planning and Building Services so they could relocate to their new facility. He stated the church had complied with all of the City's requirements, and inquired about recouping some of the funds they had paid to expedite the process, since their plans had been with Planning and Building Services since January of this year. Mayor Minor asked Director of Planning and Building Services Boughey to meet with Mr. Powell to address his concerns. 15 6/3/1996 Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the fair market value be established for the acquisition of necessary rights-of-way for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue; and that Public Works/Engineering be authorized and directed to acquire the necessary rights-of-way for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. RECESS MEETING At 11:17 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:25 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY At 11:25 a.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 and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those items which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R2, R4, R5, R6, R7, R8, R9, R10 and R11 will not be annotated. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council, be waived. 16 6/3/1996 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 12:01 p.m., Chairman Minor recessed the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:08 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken following being present: Curlin, Arias, Oberhelman, Attorney Empeno, City Clerk Building Services Boughey. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; Deputy City Rachel Clark, Director of Planning and Absent: None. REAPPOINTMENT - HECTOR O'CAMPO - CIVIL SERVICE BOARD - MAYOR MINOR (2) Mayor Minor submitted a Staff Report dated May 28, 1996, requesting the reappointment of Hector O'Campo, 3716 N. Elm Avenue, San Bernardino, CA, to the Civil Service Board. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the reappointment of Hector O'Campo to the civil Service Board, as requested by Mayor Minor, be approved. Mr. O'Campo accepted his certificate of appointment. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 96 - 02 CHANGE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM, TO CR-2, COMMERCIAL REGIONAL - NORTH SIDE OF 6TH STREET - GENERALLY LOCATED BETWEEN "F" & "G" STREETS (41) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated May 15, 1996, regarding General Plan Amendment No. 96-02, to change the land use designation from RM, Residential Medium, to CR-2, Commercial Regional, on the north side of 6th Street, generally located between "F" and "G" Streets. Mayor Minor opened the hearing. 17 6/3/1996 Director Boughey stated that Main Street, Inc., was the applicant requesting said general plan amendment, which encompasses a 2.7-acre location consisting of 10 parcels within the Central City North Redevelopment area, bounded on the north, west and part of the south by multi-family residential and to the east and south by commercial and residential uses. He noted that two previous general plan amendments have been approved in this area changing the land use designation from RM to CR-2, and that the Development Review Committee had determined as recently as March 21 that the project did not have significant impact on the environment. Mr. Boughey recommended adoption of the negative declaration and approval of General Plan Amendment No. 96-02. Mr. Boughey continued, stating that Mr. James Roe, owner of several properties on both sides of "F" Street between 6th Street and 7th Street, had requested the inclusion of his properties in this action; however, this was not staff's recommendation. He noted that Mr. Roe could submit a general plan amendment for his property at a later date, if he so desired. Michael Newkirk, 639 N. "G" Street, San Bernardino, CA, stated that he has rented from Mr. Roe for 13 years at this address and also has a business on the block. He expressed support for including Mr. Roe's properties in the proposed general plan amendment area, since this would be advantageous not only to Mr. Roe's interests, but to the best interest of the entire block. James Roe, 2373 Willow Drive, San Bernardino, CA, submitted a letter dated May 14, 1996, and addressed the Council regarding his request that the properties he owns located on both sides of "F" Street, between 6th and 7th Streets, be included in the requested general plan amendment. He stated that incorrect information had been included on the general plan amendment application, and voiced concern that this amounted to nothing more than "spot zoning", which creates leap-frog development. Mr. Roe requested that the applicant be required to resubmit their application with all information corrected and the submission and notification process begun allover, and that both sides of "F" Street from 6th Street to 7th Street be included in the resubmission of General Plan Amendment No. 96-02. Robin Shidler, 1492 E. Sonora, San Bernardino, CA, stated he owns one of the parcels on "G" Street which is presently a residence, and he expressed opposition to changing the zoning on his property to commercial unless the change included the whole block. J. S. Alexandrowicz, 783 Mt. View Avenue, San Bernardino, CA, Director of Archaeological Consulting Services in Lytle Creek, CA, expressed opposition to the on-going demolition of historic structures in the former Empire Bay Project Area ("F" to "G" Streets and 6th to 7th Streets) and submitted a letter dated May 3, 18 6/3/1996 1996, requesting that, " destruction of significant archaeological, landscape, been completed." . the City cease and desist with the cultural resources (i.e., architectural, etc.) until the proper documentation has Larry Quiel, 4040 La Hacienda, San Bernardino, CA, stated he would like to see this project go forward and expressed support for General Plan Amendment No. 96-02 and the ideas proposed by Main Street, Inc., for development of this area. Judi Thompson, Executive Vice President, Chamber of Commerce, 546 W. 6th Street, expressed support of the proposed project move forward as quickly as possible. San Bernardino Area San Bernardino, CA, and hope that it could Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Deputy City Attorney Empeno explained to the Council that there were legal limits to what the Council could do today, as only the parcels dealt with in the study area were included in the published "Notice of Public Hearing." This would preclude them from including any other parcels, including Mr. Roe's, in the approval of General Plan Amendment No. 96-02. Mr. Empeno suggested that if the Council wanted to include Mr. Roe's parcels and expand the area to be rezoned, they should move forward with General plan Amendment No. 96-02 today and then vote to initiate a general plan amendment to include the other parcels owned by Mr. Roe. Ann Harris, Executive Director, Main Street, Inc., Economic Development Agency, stated that the Empire Bay Project is gone and the area, which is presently a corridor and entrance into the city, is deteriorating; therefore, they have taken out permits and have begun some demolition for health and safety reasons. She stated that the general plan amendment to rezone the area is needed before they can submit plans for development of the project to Planning and Building Services and before they can obtain investors. At this time, what they have is a proposed concept which includes an art colony-type setting with a lot of greenery, living space, retail space, etc., including everything from visual arts to performing arts as a means to stimulate the economy. Discussion ensued regarding how long the project would be delayed if they returned to "square one" and submitted a new application which included Mr. Roe's parcels, the fact that Mr. Roe would like to be included to avoid the need for a separate application and payment of separate fees, and how Council could ensure that Mr. Roe's property would be considered for a zone change if they approved General Plan Amendment No. 96-02, as submitted. 19 6/3/1996 Director Boughey stated it would take three to four months if they had to start over; however, Counci~ could approve General Plan Amendment No. 96-02, as submitted, and direct staff to initiate a general plan amendment, at either the owner's expense or the City's expense, for these other properties. Council expressed support for Main Street and the proposed concept, and did not want to create a setback in their plans; however, they wanted some assurance that they could "get the ball rolling" on the other properties. Mayor Minor expressed concern that if the other properties are rezoned, the property owners may propose uses for their property that would be incompatible with the art colony concept proposed by Main Street, since CR-2 zoning includes auto repair, parts stores, liquor stores, etc. RES. 96-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (41) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution which approves the negative declaration and General Plan Amendment No. 96-02, be adopted. The motion carried, and Resolution No. 96-150 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that staff be directed to initiate a general plan amendment for parcels on both sides of "F" Street, from 6th Street to 7th Street; south side of 7th Street, from "F" Street to "G" Street; and east side of "G" Street, from 6th Street to 7th Street. PERSONNEL ACTIONS See page 9) (Discussed earlier in the meeting - (17) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Personnel Action Nos. 3 and 4 submitted by the Chief Examiner dated May 23, 1996, 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. DIRECTOR At 3: 35 Boughey left Administrator OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED p. m., Director of Plann ing and Building Services the Council meeting and was replaced by City Shauna Clark. 20 6/3/1996 DEPUTY CITY ATTORNEY EMPENO EXCUSED At 3:35 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. At this time, it was suggested that related Agenda Item Nos. 23 and 31 be considered simultaneously by the Council. ESTABLISH CODE COMPLIANCE ADMINISTRATOR'S OFFICE DIVISION CITY (23) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated May 22, 1996, regarding the consolidation of all code compliance activities into a Code Compliance Division under the jurisdiction of the City Administrator's Office. AUTHORIZE CONTINUATION - RENTAL HOUSING PROGRAM (31) City Administrator Shauna Clark submitted a staff Report dated May 28, 1996, regarding continuation of the Rental Housing Program for an additional three years and granting permanent status to the employees working in said program. Council Member Negrete noted that according to City Attorney Penman, the City Administrator does not have supervisorial authority under the Charter and taking action to establish a Code Compliance Division under her jurisdiction could entail legal ramifications. Councilman Negrete submitted a memorandum from the Council Office dated May 30, 1996, wherein it was recommended that a Code Compliance Department be formed, rather than a Code Compliance Division under the City Administrator. Also recommended was deletion of the Assistant Director of Planning position, inclusion of the Rental Housing Program in the new department, and consideration of including the building inspectors in the new department. Council Member Arias stated that she felt the City Attorney's Office should provide a written legal opinion relative to the Code Enforcement Division reporting to the City Administrator's Office. City Attorney Penman stated that his office had an opinion from March 1992 (Opinion No. 92-10) regarding the old City Administrator ordinance and all the issues are explained therein; however, they could do a new written opinion. (Note: Opinion No. 92-10, dated March 9, 1992, was submitted into the official record. ) Discussion ensued regarding identification of the various costs associated with code enforcement, blight reduction, and rental housing; and establishment of one department or division to oversee these various functions, thus eliminating overlapping 21 6/3/1996 costs, supervision, etc. It was suggested that said organization fall under the jurisdiction of either the Police Department or the Fire Department. Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA stated that accessibility codes are a part of enforcement and expressed support for one department administering all enforcement programs. Mayor Minor suggested that Council create a division under the Mayor's Office which would include Code Compliance and the Rental Housing Program, thereby eliminating the concerns presented by City Attorney Penman. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that 1) the continuation of the Rental Housing Program be approved for an additional three years, wi th funding to be provided by the Economic Development Agency; and that staff be directed to grant permanent status to the employees working in the Rental Housing Program; that a new Code Compliance Division be established, which incorporates code enforcement, vehicle abatement, weed abatement, graffiti abatement, and the Rental Housing Program, as a division of the Office of the Mayor; 2) and that one (1) Code Compliance Manager position be established at Range 4455, ($4,294-$5,219/month); 3) that the position of Code Compliance Officer II be established at Range 1354 ($2,595-$3,154/month); 4) that the position of Code Compliance Officer I be established at Range 1320 ($2,201-$2,675/month); 5) that one (1) Code Compliance Supervisor, Range 2420, ($3,606- $4,383/month) be retitled to Code Compliance Field Supervisor, Range 2420, ($3,606-$4,383/month); 6) that one (1) position of Code Compliance Field Supervisor be established at Range 2420, ($3,606- $4,383/month); 7) that one (1) Parking Control Supervisor position, Range 2333, ($2,337-$2,840/month) be retitled to Code Compliance Field Representative, Range 2333, ($2,337-$2,840/month); and that the classification of Parking Control Supervisor, Range 2333, $2,337-$2,840/month, be deleted; 8) that two (2) Parking Control Checker/Vehicle Abatement positions and one (1) Account Clerk position be transferred from Facilities Management Division to the Code Compliance Division; 9) that two (2) Parking Control Checker/Vehicle Abatement positions, Range 1292, ($1,905- $2,315/month) be upgraded to Code Compliance Officer I positions, Range 1321, ($2,201-$2,675/month); 10) that the Graffiti Abatement Program coordination be transferred to the Code Compliance Division; 11) that one (1) Weed Abatement Coordinator and two (2) Weed Abatement Aide positions in the Public Services Department be transferred to the new Code Compliance Division; 12) and that the classif ication of Senior Code Compliance Officer, Range 1373, ($2,853-$3,467/month, be deleted. 22 6/3/1996 ACCEPT BIDS - SALE OF CITY PROPERTY - SOUTHEAST CORNER OF OLIVE AVENUE & OHIO AVENUE (30) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 23, 1996, regarding acceptance of bids for the sale of City property located at the southeast corner of Olive and Ohio Avenues; and stating that sealed bids would be received up to the hour of 9:00 a.m., June 3, 1996, which would be presented at 3:00 p.m. on June 3, 1996, and that oral bids would also be received at that time. Director Hardgrave noted that no written received by the deadline of 9:00 a.m., this date, that the Mayor call for oral bids at this time. bids had been and suggested Mayor Minor called for oral bids. Dave Mylnarski, 680 S. Waterman Avenue, San Bernardino, CA, offered $430,000 for the property, subject to one modification of the purchase agreement relative to liquidated damages. He asked that the liquidated damages be rewritten to state that the extent of those damages should only run for the 10-day offering period and they would be limited to interest only. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the bid in the amount of $430,000 made by Dave Mylnarski for the sale of City- owned property located on the southeast corner of Ohio Avenue and Olive Avenue, as set forth in Bid Specification No. 15.05-209, be accepted; and that the Director of Public Works be authorized to do all things necessary to complete the sale of said property. APPROVE IN PRINCIPLE REQUEST FOR ENCROACHMENT STREET RIGHT-OF-WAY - 1457 MT. VERNON AVENUE INTO (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 14, 1996, regarding a request from Mt. Rose Ministries to encroach into the street right-of-way at 1457 Mt. Vernon Avenue with a mansard roof being constructed as part of the renovation of their existing building. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the request by Mt. Rose Ministries for authorization to encroach into the street right-of-way at 1457 Mt. Vernon Avenue with a mansard roof, as a component of their renovation of the existing building, be approved in principle; and that the City Attorney be directed to prepare the standard form license agreement. 23 6/3/1996 AUTHORIZATION TO PROCEED - NAME CHANGE - - PORTION OF (OLD) PINE AVENUE - BETWEEN IRVINGTON AVENUE TO BAILEY COURT KENDALL DRIVE & (28) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 20, 1996, regarding authorization to proceed with the name change of a portion of the (old) Pine Avenue between Kendall Drive and Irvington Avenue, to Bailey Court. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Real Property Section of the Public Works Department be authorized and directed to proceed with the street name change of a portion of (old) Pine Avenue, between Kendall Drive and Irvington Avenue, to Bailey Court. APPROVE - 9/80 WORK SCHEDULE - THROUGH DECEMBER 1997 (32) Lori Sasson, Senior Administrative Analyst, Ci ty Administrator's Office, submitted a Staff Report dated May 28, 1996, regarding approval of the 9/80 work schedule through December 1997. Ms. Sasson explained that all departments were surveyed regarding the 9/80 work schedule, and positive responses were received from the employees as well as the community. She noted that people continue to work every Friday in those departments where a problem could exist because of Friday closures. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the 9/80 work schedule through December 1997. DISCUSS & TAKE POSSIBLE ACTION - POLICE AD HOC COMMITTEE - ASSESSMENT DISTRICT NO. 994 - CITY-WIDE STREET LIGHTING & STREET SWEEPING - ADVISORY MEASURE FOR NOVEMBER 1996 BALLOT - $9 INCREASE (Discussed earlier in the meeting - see page 13) (22) Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that the previous action taken that the City Clerk be directed to notify the Registrar of Voters that the City is planning to submit a Measure no later than July 5, 1996, for inclusion on the November 5, 1996 ballot, be reconsidered. City Administrator Shauna Clark noted that an ad valorem tax, as discussed earlier in the meeting, could not be used for this purpose. 24 6/3/1996 Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the previous action taken that the City Clerk be directed to notify the Registrar of Voters that the City is planning to submit a Measure no later than July 5, 1996, for inclusion on the November 5, 1996 ballot be ratified; and that the City Administrator be instructed to report back on June 17 on the procedures and cost for placing a Measure on the November ballot which would create a special, per-parcel tax to fund the 65 sworn/non-sworn police positions and equipment currently funded by an offset through Assessment District 994 and to fund 69 additional personnel and related costs as set forth in the Police Department's five-year staffing plan; and to instruct the City Administrator to investigate the re-use of the engineering done for Assessment District 994 as to its application to the special election, and also to provide an estimate of the taxes that would be assessed per parcel in order to fund the aforementioned personnel and related costs. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MUNDELL, ODLUM & HAWS. (33) Council Member Oberhelman made a motion, seconded Member Negrete, and unanimously carried, that the continued to June 4, 1996, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, RES. 96-151 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF LEWIS, D' AMATO, BRISBOIS & BISGAARD. (34) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-151 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, Arias, Oberhelman, Devlin, Council Member Curlin. Absent: None. 25 6/3/1996 DISCUSS & TAKE POSSIBLE ACTION - SET PUBLIC HEARING - SECURITY IN COUNCIL CHAMBERS DURING PUBLIC MEETINGS - COUNCIL MEMBER CURLIN (See related Item No. 1.E. - page 2) (35) Council Member Curlin submitted a Staff Report dated May 22, 1996, recommending discussion and possible action relative to security in the Council Chambers during public meetings. Council Member Curlin made a motion, Member Anderson, and unanimously carried, tabled. seconded that the by Council matter be WAIVE FEES - $250 - USE OF TRAILER STAGE - CASA COMMUNITY CENTER - COMMUNITY HEALTH FAIR - JUNE 9, KIWANIS CLUB OF GREATER SAN BERNARDINO RAMONA 1996 - (36) Annie Ramos, Director, Parks, Recreation and Community Services, submitted a Staff Report dated May 21, 1996, regarding waiver of fees in the amount of $250 for use of the trailer stage at Casa Ramona Community Center for the Community Health Fair, sponsored by the Kiwanis Club of Greater San Bernardino and scheduled for June 9, 1996. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the request to waive fees for use of the trailer stage by the Kiwanis Club of Greater San Bernardino in the amount of $250, be approved. RES. 96-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-66 ENTITLED IN PART "RESOLUTION ESTABLISHING AND MODIFYING FEES FOR USE OF PUBLIC FACILITIES, INCLUDING PUBLIC PARKS..." (37) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-152 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-153 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RIALTO UNIFIED SCHOOL DISTRICT TO PROVIDE SECURITY AND PROTECTION AT SCHOOL EVENTS. (38) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. 26 6/3/1996 Resolution No. 96-153 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO ANIMAL SHELTER SERVICES. (Continued from May 20. 1996) (39) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO ANIMAL SHELTER SERVICES. (Continued from May 20. 1996) (40) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Said resolutions were adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, Mayor Minor noted that an indemnification clause needed to be added to both resolutions. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the adoption of said resolutions be reconsidered. Council Member Miller made a motion, seconded by Council Member Devlin, that said resolutions be continued to June 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: Due to the fact that Council voted to reconsider adoption of said resolutions immediately following said action, no resolution numbers were assigned. ADJOURNMENT (42) Mayor Minor requested that at least four of the Council Members return the following day to discuss budget items and, as requested by City Attorney Penman, closed session items. Council Member Devlin made a motion, seconded by Council Member Anderson, that the meeting be recessed to 1:00 p.m., Tuesday, June 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: None. Abstain: Council Member Curlin. Absent: Council Miller. None. 27 6/3/1996 Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA, asked that the Council reconsider Agenda Item No. 19 from the Consent Calendar. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, to reconvene the regular meeting of the Mayor and Common Council and to reconsider Agenda Item No. 19. RECONVENE MEETING At 4:35 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken following being present: Curlin, Arias, Oberhelman, Penman, City Clerk Rachel Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; City Attorney Clark, City Administrator Shauna Clark. RES. 96-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC. FOR REHABILITATING THE PAVEMENT ON LYNWOOD DRIVE, FROM DEL ROSA AVENUE TO VICTORIA AVENUE. (Discussed earlier in the meeting - see page 7) (19) Mr. Neves stated that the area in question is underdeveloped with no handicapped access across the intersection of Sterling and Lynwood--the sidewalk ends abruptly in an eight-inch dropoff on the south side and the north side ends in grass. Mr. Neves asked that Council consider providing access on Lynwood from Victoria to Sterling in Phase I of this project. Mayor Minor advised that this falls within the County's jurisdiction; however, staff would contact the County regarding Mr. Neves' request, and the City would also do what they can. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that Resolution No. 96-146 be ratified. 28 6/3/1996 ADJOURNMENT At 4: 39 p. m., the regular meeting of the Mayor and Common Council was recessed to 1:00 p.m., Tuesday, June 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 4n~ H~d Deputy City Clerk No. of Items: 45 No. of Hours: 6.5 29 6/3/1996