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HomeMy WebLinkAbout06-17-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 17, 1996 COUNCIL CHAMBERS There being a lack of a quorum and no closed session cases on the agenda, at 8:00 a.m., City Clerk Rachel Clark announced that the regular meeting of the Mayor and Common Council of the City of San Bernardino would commence at 9:00 a.m. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 and Mayor and Common Council. The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tem Curlin at 9:02 a.m., Monday, June 17, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call following being Negrete, Curlin, Attorney Penman; Clark. Absent: was taken by City Clerk Rachel Clark with the present: Mayor Pro Tem Curlin; Council Members Arias, Oberhelman, Devlin, Anderson, Miller; City City Clerk Rachel Clark; City Administrator Shauna Mayor Minor. INVOCATION The invocation was given by Dr. Kendall C. Baker, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. PRESENTATIONS CONVENTION AND KIM NGUYEN CATHIE DE MAIO SAN BERNARDINO VISITORS BUREAU - MISS SAN BERNARDINO - (3) Cathie De Maio, San Bernardino Convention and Visitors Bureau, 201 North "E" Street, San Bernardino, CA, introduced Miss San Bernardino, Kim Nguyen, who is currently attending San Gorgonio High School and hopes to become an attorney. Ms. Nguyen expressed her joy in representing the City and noted some of the events she has attended. 1 6/17/1996 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 gratitude of their many years of dedicated service to the City: Name Department Years of Service Yoshimi Turner Animal Control 5 year pin Doug Chandler Ci vil Service 15 year pin Paul Garrity Library 20 year pin Evelyn Alexander Library 40 year pin Michael Reynolds Parks, Recreation & 15 year pin Community Services Al Boughey Planning & Building Svcs. 5 year pin Janice Bean Police 5 year pin Timothy Matlock Police 5 year pin Clayton Zeigler Police 5 year pin Richard Romero Public Services 5 year pin Each employee received a service pin presented by Mayor Pro Tem Curlin. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman commended Main Street, Inc., for its success in coordinating the music festival held June 14-17, 1996, and the Fireman's Muster Team for their event held at Perris Hill Park on June 15, 1996. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman explained that Mayor Minor had knee surgery and stated that he had the pleasure of attending the Flag Day Ceremony held at the Scottish Rite Temple on June 14, 1996. ANNOUNCEMENTS - MAYOR PRO TEM CURLIN (4) Mayor Pro Tem Curlin stated that he had the opportunity to be a part of the platform committee and graduation exercises for California State University, San Bernardino. He also stated that he had the honor of representing the Mayor at the Elks Club on June 14, 1996. PUBLIC COMMENTS - LARRY SINGLETON (5) Larry Singleton, 687 W. 9th Street, San Bernardino, CA, voiced concern regarding the lack of consideration displayed by the legislative body and their actions taken at the Mayor and Council meeting held on May 20, 1996. 2 6/17/1996 PUBLIC COMMENTS - BOB NELSON (5) Bob Nelson, SR-11, Summit, CA, expressed discontent for the three-minute limit on public comments, voiced concern relative to the actions taken by the legislative body while receiving public comments at their meeting of May 20, 1996, and submitted a partial list of citations issued in an attempt to censor public comments within San Bernardino County. PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, recounted the events of the public comments portion of the meeting held on May 20, 1996, and opposed the time limit imposed on public comments. COUNCIL MEMBER ANDERSON EXCUSED At 9:37 a.m., Council Member Anderson left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the waiving of the full reading of the resolutions and ordinances. Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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 MEMBER ANDERSON RETURNED At 9:38 a.m., Council Member Anderson returned to the Council meeting and took her place at the council table. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: April 1, 1996; May 6, 1996; May 13, 1996; May 16, 1996; May 21, 1996; May 24, 1996; May 28, 1996 and May 29, 1996. SET PUBLIC HEARING 10:00 A.M. JULY 1, ESTABLISH AND/OR INCREASE VARIOUS CITY FEES 1996 (8) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated June 6, 1996, concerning a public hearing to be held on July 1, 1996, for the establishment and/or increase of various City fees. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that a public hearing be 3 6/17/1996 set for 10:00 a.m., July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for the purpose of reviewing departmental recommendations for the establishment or increase of various City fees. RES. 96-154 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1996/97 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE AND REPEALING RESOLUTION NO. 95-235. (9) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-154 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO FURNISH FOOD SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO LUNCH SITES. (10) Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 96-155 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CATHOLIC CHARITIES, INC., DIOCESE OF SAN BERNARDINO, TO PROVIDE SENIOR AIDES TO CITY WORK SITES. (11) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-156 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN. . . ;" BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS (GENERAL UNIT) . (12) 4 6/17/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-157 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RES. 96-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION. .. ESTABLISHING A BASIC COMPENSATION PLAN. . . ;" BY CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE- MANAGEMENT UNIT) . (13) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-158 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (Discussed later in the meeting - See Page 15) (14) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken.) Jim Howell, Director of Public Services, answered questions concerning the refuse services provided to Patton State Hospital. Council Member Anderson made Member Devlin, and unanimously discussed later in the meeting. a motion, seconded by Council carried, that the matter be RES. 96-159 - AFFIRMING ITS CRIMES. RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITMENT TO THE ERADICATION OF HATE (S4) Mayor Pro Tern Curlin explained the rationale for the adoption of said resolution. The following individuals expressed support for the adoption of said resolution: Juanita Scott, 1734 W. Virginia Street, San Bernardino, CA. Harold Duffy, Chairman, Human Relations Commission. Joshua Bentley, Pastor, 1314 Date Street, San Bernardino, CA. 5 6/17/1996 A discussion was held concerning the need for said resolution. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutior, be adopted. Resolution No. 96-159 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RES. 96-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FIRST EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-210 BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC., RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (15A) RES. 96-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FIRST EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. (15B) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 96-160 and 96-161 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. adopted Curlin, Absent: by the Arias, None. CLAIMS AND PAYROLL (16) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated May 30, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (17) Concern was expressed regarding the start dates for said appointments and promotions and the affect they would have on the year-end budget. Discussion ensued regarding the rationale for assigning different start dates for promotions, in that seniority could be established. Council Member Oberhelman made a motion that all appointments and promotions become effective July 1, 1996, forward; and those positions within the Police Department with different dates be staggered from July 1 on. The motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Negrete, that the personnel actions submitted by the Chief 6 6/17/1996 Examiner dated June 6, 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. The motion carried by the following vote: Members Negrete, Curlin, Arias, Devlin, Anderson, Council Member Oberhelman. Absent: None. Ayes: Council Miller. Nays: RES. 96-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FOURTH AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CAROUSEL MALL PARKING SPACES. (18) Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the bid process. Director Hardgrave answered questions concerning the bid process. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-162 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS LOCATIONS. (19) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-163 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 10:45 a.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., Mayor Pro Tern Curlin 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. 7 6/17/1996 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tern Curlin; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Economic Development Agency Administrator Steinhaus. Absent: Mayor Minor, Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 2:02 p.m., Vice-Chairman Curlin 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. JOINT PARK JOINT NOTE: The items reflected within the Community Development Commission portion of the minutes are those which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R2, R4, R7, R9, R10, R11, R13, R14 and RSl will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. At this time, the Mayor and Common Community Development Commission took Development Commission items. Council, action acting as the on Community COUNCIL MEMBER MILLER RETURNED At 2:23 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN EXCUSED At 2:26 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 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 and supplemental agendas 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. 8 6/17/1996 APPROVE CONTRACT CHANGE ORDER NO. TWO - CONTRACT INCREASE $13,350 AUTHORIZE PREPARATION OF SUBGRADE & CONSTRUCTION OF APPROXIMATELY 7,000 SQ. FT. OF SIDEWALK - HIGHLAND AVENUE (NORTH SIDE), ADJACENT TO WAL-MART SHOPPING COMPLEX - GOSNEY CONSTRUCTION (R5) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated June 10, 1996, concerning Contract Change Order No. Two with Gosney Construction for the preparation of subgrade and construction of approximately 7,000 sq. ft. of sidewalk on Highland Avenue (north side) adjacent to the Wal-Mart Shopping Complex. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order No. Two to the contract with Gosney Construction for construction of curb, gutter and sidewalk at various locations, in accordance with Plan No. 9151, be approved; to authorize the preparation of subgrade and construction of approximately 7,000 sq. ft. of sidewalk on Highland Avenue (north side), adjacent to the Wal-Mart Shopping Complex, in accordance with Plan No. 8919, at an estimated increase in the contract price of $13,350.00, from $320,000.00 to $333,350.00. RES. 96-164 - RESOLUTION OF THE CITY OF SAN AWARDING A CONTRACT TO CHINO CONSTRUCTION, CONSTRUCTION OF HANDICAP RAMPS AND SIDEWALK LOCATIONS. BERNARDINO INC., FOR AT VARIOUS (R6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-164 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-165 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND MEDIATION BOARD. (R8A) RES. 96-166 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY OF SAN BERNARDINO EMPLOYMENT AND TRAINING AGENCY. (R8B) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions be adopted. 9 6/17/1996 Resolution Nos. 96-165 and 96-166 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. adopted Curlin, Absent: by the Arias! None. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 3:08 p.m., Economic Development Agency Administrator Steinhaus left the Council meeting and was replaced by Planning and Building Services Director Boughey. PUBLIC HEARING CITY INITIATED DEVELOPMENT AMENDMENT NO. 94-07 - FENCE STANDARDS CODE (37) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated May 30, 1996, concerning Development Code Amendment No. 94-07, City-wide fence standards. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Anderson removed her second. The motion failed for lack of a second. A discussion was held concerning the need for the continuance. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Anderson removed her second to allow the public to speak. The motion failed for lack of a second. Mayor Pro Tern Curlin opened the hearing. The following individuals expressed support for the adoption of said ordinance which would allow a maximum of four-foot chain link fencing within residential front yards: Dr. Elsa Valdez, P. O. Box 1396, San Bernardino, CA, and submitted a letter dated June 17, 1996, relative to such. Gil Navarro, Regional Director, Mexican-American Political Association, 3243 Arlington Avenue, Suite 291, Riverside, CA, and submitted a letter dated June 17, 1996, relative to such. Valerie Pope-Ludlam, San Bernardino, CA. 10 6/17/1996 Carol Thrasher, 1757 N. Arrowhead Avenue, San Bernardino, CA. Robert Castaneda, 1425 W. 9th Street, San Bernardino, CA, expressed concern regarding code enforcement within the City. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 3:25 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. Mayor Pro Tem Curlin read a letter in support of the proposed amendment dated June 7, 1996, from Ms. Jean Meo, Belle Street, San Bernardino, CA. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19.20.030(8), "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. First (37) (Option Four - Allow a maximum of four feet of chain-link fencing for residential uses in all residential land-use designations.) Council Member Arias made a motion, seconded by Council Member Negrete, that said ordinance be laid over for final adoption. (Note: There was no vote taken.) Council Member Devlin made a substitute motion, seconded by Council Member Anderson, that the matter be continued to July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion carried by the following vote: Council Members Oberhelman, Devlin, Anderson, Miller. Council Members Negrete, Curlin, Arias. Absent: None. Ayes: Nays: PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 3:42 p.m., Planning and Building Services Director Boughey left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. CITY ATTORNEY PENMAN EXCUSED At 3:42 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 3:42 p.m., Vice-Chairman Curlin reconvened 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 JOINT PARK JOINT 11 6/17/1996 Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE DEVELOPMENT CONCEPT - PATTON PARK SOCCER FIELD - RESERVE $500,000 IN PARK FUNDS - REFER FINANCE PLAN TO WAYS & MEANS COMMITTEE (R12) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated June 12, 1996, concerning the development of the proposed Patton Park Soccer Field. Director Winkler gave a brief overview of the proposed Patton Park Soccer Field development. Dave Willis, Empire & Associates, Escondido, CA, answered questions concerning the proposed Patton Park Soccer Field development and presented a seven-minute video relative to soccer. David Mylnarski, Bonadiman & Associates, 680 S. Waterman Avenue, Building A, San Bernardino, CA, explained the revitalization and business plan for the San Bernardino Municipal Sports Complex (Patton Park Soccer Field) and expressed his support for the development of such. John Harper, President, CYSA-South, 2051 E. Cerritos Avenue, Suite 8-C, Anaheim, CA, expressed support for the development of the proposed Patton Park Soccer Field. A discussion was held regarding the benefits the City would receive if the proposed project was approved. Annie Ramos, Director of Parks, Recreation and Community Services, stated that the park would be accessible to the public and answered questions concerning the allocation of funds. Don Regan, Inc., explained with. Partner, Kinsell, 0' Neal, Newcombe and DeDios, the other projects their firm has been involved Concern was expressed regarding the financial indebtedness the City would incur. Mr. Mylnarski explained that the financial analysis would be available for the Ways and Means Committee. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council confirm their interest in the development concept, reserve $500,000 in park funds for the proposed development, and refer the finance plan to the City's Ways and Means Committee for evaluation as to the impact to the General Fund and report back to the Mayor and Common Council. 12 6/17/1996 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At this time, the Mayor and Common Council, Community Development Commission took action Development Commission items. JOINT PARK JOINT acting as the on Community RECONSIDER ELIMINATION OF FUNDING CROSSING PROGRAM - $162,900 - FISCAL YEAR 1996/97 GUARD (S1) Mayor Minor submitted a Staff Report dated June 11, 1996, requesting that the Council reconsider the previous action taken to eliminate funding in the amount of $162,900 for the crossing guard program. Council Member Devlin made a motion, seconded by Council Member Anderson, that reconsideration of Council action on May 24, 1996, relative to elimination of funding for the crossing guard program in the amount of $162,900, be approved. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Nays: Council Member Arias. Absent: None. Council Miller. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor be authorized on behalf of the City to make an offer to the San Bernardino City Unified School District to fund half of the crossing guard program for fiscal year 1996/97; and that the Director of Finance restore funding for the balance of $81,450 in the fiscal year 1996/97 General Fund budget. (Note: There was no vote taken and the motion was subsequently amended.) Dr. Neal Roberts, Superintendent, San Bernardino City Unified School District, 777 North "F" Street, San Bernardino, CA, explained the actions taken by the school district to notify parents of the elimination of funding for the crossing guard program and stated that he is willing to go before the board and recommend that the district fund half of the program. A discussion was held concerning the possibility of utilizing volunteers as crossing guards. Larry Neigel, Board Member, San Bernardino City Unified School District, 777 North "F" Street, San Bernardino, CA, stated that notice has been given that a special meeting of the Board of Trustees of the San Bernardino City Unified School District has been called; and as a board, they are prepared to take official action dependent upon the City's decision. 13 6/17/1996 Danny Tillman, Board Member, San Bernardino City Unified School District, 777 North "F" Street, San Bernardino, CA, expressed support for the sharing of costs for the crossing guard program. Dr. Roberts stated that the school district would like the Police Department to continue monitoring the program and answered questions regarding the crossing guard services provided within the non-incorporated areas of the County. Dr. Harold Boring, Assistant Superintendent, Administrative Services, San Bernardino City Unified School District, 777 North nFn Street, San Bernardino, CA, answered questions regarding the crossing guard services previously provided by the County of San Bernardino. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:56 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. Discussion ensued regarding the responsibility of providing crossing guards, the pros and cons of the City providing half of the funding for such and whether or not funds from both entities (schools and City) could be utilized for the additional co-ventured programs with the school district. It was requested that the motion be amended to indicate that a meeting with the San Bernardino City Unified School District be set within 60 days to consider sharing the costs for additional joint programs. Council Member Devlin amended his motion, seconded by Council Member Anderson, that the Mayor be authorized on behalf of the City to make an offer to the San Bernardino City Unified School District to fund half of the crossing guard program for fiscal year 1996/97; and that the Director of Finance restore funding for the balance of $81,450 in the fiscal year 1996/97 General Fund budget; and that a meeting with the San Bernardino City Unified School District be set within 60 days to consider sharing the costs for additional joint programs. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Nays: Council Member Arias. Absent: None. Council Miller. At this time, the San Bernardino City Unified School District called their special meeting to order and unanimously voted to approve the sharing of costs with the City of San Bernardino for the crossing guard program. At 5:17 p.m., the special meeting of the San Bernardino City Unified School District adjourned. 14 6/17/1996 REJECT BID - SALE OF CITY OHIO & OLIVE AVENUES $43,000 - DAVE MYLNARSKI PROPERTY - AUTHORIZE SOUTHEAST CORNER OF DEPOSIT REFUND OF (S2) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated June 11, 1996, concerning the sale of City property located at the southeast corner of Ohio and Olive Avenues. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the oral bid made by Dave Mylnarski on June 3, 1996, for the sale of City property located at the southeast corner of Ohio Avenue and Olive Avenue be rejected; that the deposit amount of $43,000 be refunded to the bidder; and that it be noted that the bid specifications did not mandate a non-refundable deposit. PERSONNEL ACTION APPOINTMENT/TEMPORARY STEVE DESROCHERS - LAW ENFORCEMENT TRAINEE - EFFECTIVE JULY 8, 1996 - POLICE DEPARTMENT (S3) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Steve Desrochers, Law Enforcement Trainee (Range PT, Step Flat - $2,617/mo.), effective July 8, 1996, be approved. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (Discussed earlier in the meeting - See Page 5) (14) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA. RES. 96-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC., FOR PAVEMENT REHABILITATION ON PORTIONS OF UNIVERSITY PARKWAY, WATERMAN AVENUE AND MILL STREET. (20) Concern was expressed regarding the durability of the treatment used for the pavement rehabilitation. Director Hardgrave explained that two alternatives for services were provided within the request for proposals and answered questions regarding the durability of the rubberized treatment. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. 15 6/17/1996 Resolution No. 96-167 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. APPROVE PLAN NO. 9490 - AUTHORIZE ADVERTISEMENT FOR BIDS - DRILL TWO WATER WELLS & APPURTENANT FACILITIES - SAN BERNARDINO TRADE CENTER & INTERNATIONAL AIRPORT (21) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 23, 1996, concerning approval of Plan No. 9490 and authorization to advertise for bids for the drilling of two water wells and appurtenant facilities at the San Bernardino Trade Center and International Airport. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for drilling two wells and appurtenant facilities at the 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. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (22) Rachel Clark, City Clerk, submitted a Staff Report dated May 30, 1996, concerning the imposition of liens on various properties for uncollected business registration fees. Mayor Pro Tern Curlin opened the hearing. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, inquired about the costs incurred. RES. 96-168 - 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. (22) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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. 96-168 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - INCREASE ADMINISTRATIVE CHARGE FROM $75 TO $110 - PROCESSING OF NUISANCE & WEED ABATEMENTS (23) 16 6/17/1996 James Howell, Director of Public Services, submitted a Staff Report dated May 22, 1996, relative to increasing the administrative charge from $75 to $110 for the processing of nuisance and weed abatements. Mayor Pro Tern Curlin opened the hearing. RES. 96-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-405 ENTITLED, IN PART, "A RESOLUTION. .. ESTABLISHING AN ADMINISTRATIVE CHARGE OF SEVENTY-FIVE DOLLARS FOR PROCESSING NUISANCE ABATEMENTS AND WEED ABATEMENTS...;" TO INCREASE THE ADMINISTRATIVE CHARGE TO ONE HUNDRED AND TEN DOLLARS. (23) Council Member Oberhelman made a Member Anderson, that the hearing resolution be adopted. motion, seconded by Council be closed; and that said The motion carried and Resolution No. 96-169 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC., FOR STREET AND TRAFFIC SIGNAL IMPROVEMENTS ON TIPPECANOE AVENUE FROM REDLANDS BOULEVARD TO HOSPITALITY LANE. (24) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. It was noted that the City Attorney's Office would off on said resolution because the contract has a arbitration clause. not sign binding Council Member Oberhelman made a substitute motion that the matter be continued until the binding arbitration clause is removed. The substitute motion failed for lack of a second. City Attorney Penman explained the differences between binding and non-binding arbitration. Director Hardgrave explained the basis for arbitration clause and encouraged the Council to resolution since 88 percent of the funds are Federal are from the Inland Valley Development Agency. the binding approve said and 12 percent A discussion was held regarding the pros and cons of having the binding arbitration clause. 17 6/17/1996 Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that said resolution be adopted; and that the contract be amended by interlineation to include non-binding arbitration rather than binding arbitration, in accordance with the City Attorney's recommendation. The substitute motion carried and Resolution No. 96-170 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. APPROVE PLAN NO. 9303 - AUTHORIZE ADVERTISEMENT FOR BIDS - APPLY RUBBERIZED CHIP SEAL ON VARIOUS STREETS (25) Roger Hardgrave, Director of submitted a Staff Report dated June approval of plans and authorization to application of rubberized chip seal on Public Works/Engineering, 5, 1996, concerning the advertise for bids for the various streets. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for application of rubberized chip seal to various streets, in accordance with Plan No. 9303, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1996-1997 PENDING ADOPTION OF THE 1996- 1997 FINAL BUDGET. (26) Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted as amended to change "transfer crossing guards to school district" to $81,450 and "Deficit Remaining" to $529,050. The motion carried and Resolution No. 96-171 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. CONSIDER ELECTION PER PARCEL TAX FUND POSITIONS - REPORT FROM CITY ADMINISTRATOR POLICE (27) Shauna Clark, City Administrator, submitted a Staff Report dated June 12, 1996, concerning a possible ballot measure (per parcel tax to fund police positions) for the November 5, 1996, election. City Administrator Shauna Clark explained that Assessment District No. 994, Street Lighting/Sweeping District, comes up for renewal in June 1997 and provided a synopsis of the three options recommended for funding of police personnel provided through Federal grants. 18 6/17/1996 A discussion was held regarding the appropriate tax mechanism to impose on the citizens to recoup the costs for funding police positions made available through the assessment district. Police Chief Dean explained that it is the desire of the Strategic Planning Committee to submit the Police Strategic Plan at the Mayor and Council meeting scheduled for July 1, 1996, and that such plan be consolidated with the Police Department Five-Year Plan in an effort to provide the rationale for the proposed ballot measure. City Clerk Rachel Clark recommended that action be taken no later than July 15, 1996, to provide ample time to publish arguments and all other necessary publications; however, July 1, 1996, would be preferable. Council Member Negrete made a motion that continued to July 1, 1996, in the Council Chambers 300 North "D" Street, San Bernardino, California. the matter be of City Hall, The motion failed for lack of a second. Concern was expressed regarding the need to indicate how the tax would be allocated. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern regarding the proposed ballot measure language to be presented to the voters for approval of the per-parcel tax, inquired whether homes converted to businesses are listed as commercial and whether or not any cities have met the 33 percent police-enforcement goal. City Administrator Shauna Clark explained the tax rates, and Police Chief Dean stated that he is not aware of any jurisdictions which currently meet the 33 percent goal. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, expressed concern regarding the taxation process and urged the Council to appoint a committee represented by the public. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the City Attorney be directed to prepare the necessary documents for a November 1996 ballot measure on a special-parcel tax for police services, the measure will fund the following: Option Three, Retention of current 65 officers, pick up related costs; five year phase-in of anticipated 69 officers and related costs, as outlined in the Staff Report dated June 12, 1996, from Shauna Clark, City Administrator. 19 6/17/1996 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 10.16.160 AND 10.16.220 OF THE MUNICIPAL CODE RELATING TO DISABLED PERSONS PARKING AND PARKING UNREGISTERED VEHICLES. First (28) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (29) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96 -172 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. First (30) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FIVE YEAR NOTICE TO TERMINATE REFUSE OPERATIONS TO BROWNING FERRIS INDUSTRIES. (BFI) (31) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-173 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CURRAN'S RUBBISH DISPOSAL, INC., RELATING TO REFUSE DISPOSAL. (32A) 20 6/17/1996 RES. 96-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JACK'S DISPOSAL, INC., RELATING TO REFUSE DISPOSAL. (32B) COUNCIL MEMBER ARIAS EXCUSED At 6;53 p.m., Council Member Arias left the Council meeting. Jim Howell, Director of Public Services, answered questions concerning the late-payment penalty and when an account terminates. Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 96-174 and 96-175 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Abstain: Council Member Devlin. Absent: Council Member Arias. (Note: Although Council Member Arias was not present, she registered her vote prior to leaving.) COUNCIL MEMBER ARIAS RETURNED At 6:54 p.m., Council Member Arias returned to the Council meeting and took her place at the council table. RES. 96-176 - 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. (Continued from June 4, 1996) (33) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-176 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-177 - 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 June 4, 1996) (34) RES. 96-178 - 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 June 4, 1996) (35) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. 21 6/17/1996 Resolution Nos. 96-177 and 96-178 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. adopted Curlin, Absent: by the Arias, None. DISCUSS & TAKE POSSIBLE ACTION - BUDGET DELIBERATIONS - FISCAL YEAR 1996/97 - (Continued from June 4, 1996) (36) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the budget deliberations for FY 1996/97 be continued to July 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ANNOUNCEMENTS - CITY ATTORNEY PE~rnN (4) City Attorney Penman played the tape recording of a call made by Jeff Wright to 911 wherein he is requesting assistance with a physical disturbance upon Larry Singleton. Mr. Penman stated that Mr. Wright claims that the City hung up on him; however, it is evident that the City did not disconnect the line. ADJOURNMENT At 7:00 p.m., the regular meeting adjourned. meeting is scheduled for Monday, July 1, 1996, Chambers of City Hall, 300 North "D" Street, California. (38) The next regular in the Council San Bernardino, RACHEL CLARK City Clerk By .~___-,~n~~1A-} zanna Cordova _~eputy City Clerk No. of Items: 47 No. of Hours: 6 hrs. & 45 mins. 22 6/17/1996