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HomeMy WebLinkAbout07-01-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 1, 1996 COUNCIL CHAMBERS The regular meeting of the Mayor and Common City of San Bernardino was called to order by Oberhelman at 8:01 a.m., Monday, July 1,1996, Chambers of City Hall, 300 North "D" Street, California. Council of the Mayor Pro Tem in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Oberhelman; Council Members Negrete, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Minor; Council Members Curlin, Arias, Miller. RECESS MEETING - CLOSED SESSION meeting - page 34) At 8:01 a.m., the Mayor Pro Tem closed session for the following: (Discussed later in the (1) and Common Council recessed to Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9 (a); B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one case. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Personnel Director Emplovee Orqanization: San Bernardino Public Employees Association (SBPEA) General Unit and Mid-Management Unit. 1 7/1/1996 CLOSED SESSION At 8:01 a.m., Mayor Pro Tern Oberhelman called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Oberhelman; Council Members Negrete, Oberhelman, Devlin, Anderson; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Minor; Council Members Curlin, Arias, Miller. Also present: Assistant City Administrator Wilson; Senior Assistant City Attorneys Barlow and Carlyle, and Bonnie Greenleaf, Paralegal, City Attorney's Office; Director of Personnel Dillon; and Donald Maynor, Esq., Municipal Resource Consultants, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, 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. COUNCIL MEMBER At 8:23 a.m., session and assumed ARIAS ARRIVED Council Member Arias arrived the duties of Mayor Pro Tem. at the closed ADJOURN CLOSED SESSION At 8:34 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Pro Tern meeting of the Mayor and Common Bernardino. Arias reconvened the Council of the City regular of San 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 Arias; Council Members Arias, Oberhelman, Devlin, Anderson, Miller; City City Clerk Rachel Clark, City Administrator Shauna Mayor Minor. INVOCATION The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center. 2 7/1/1996 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENTS - COUNCIL MEMBERS ARIAS & ANDERSON (2A&B) COUNCIL MEMBER ARIAS Community Television Commission - Eric J. Regnier COUNCIL MEMBER ANDERSON Parks and Recreation Commission - Willie M.C. Smith Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments requested by Council Members Arias and Anderson, be approved. Willie M.C. Smith accepted his certificate of appointment. PRESENTATION SCHOLARSHIP AWARDS SAN CONFIDENTIAL MANAGEMENT ASSOCIATION (SBCMA) BERNARDINO (3) The San Bernardino Confidential Management Association (SBCMA) awarded two $750 scholarships to the winners of its scholarship competition, which were presented by Robert Simmons, SBCMA President. Richard Mendoza, a 1996 graduate of Colton High School and son of Aurora Mendoza, an employee of the Feldheym Library, and Jacqueline Guerrero, a pre-med honor student at UCLA and daughter of George Guerrero, an employee of the Police Department, accepted their scholarship awards. PROCLAMATION - ELISA DIAZ DAY - JULY 1, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring July 1, 1996, as Elisa Diaz Day in the City of San Bernardino, in recognition of Mrs. Diaz' many years of dedicated commitment to the students of the community. Mrs. Diaz accepted her proclamation. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (4) Council Member Curlin asked for an update on the Mayor's condition and whether the Mayor would be attending the Council meeting later in the day; and stated that even though he was corrected by City Attorney Penman, the medical community uses the word "ill" when referring to people who are recuperating from surgery. 3 7 /1/1996 J. Lorraine Velarde, Executive Assistant to the Mayor, stated that the Mayor was recuperating nicely from his recent knee surgery and would notify his office if he planned to attend part of today's Council meeting. Council Member Curlin noted that Senate Bill 2112, sponsored by Senator Bill Leonard, would grant the Mayor veto power in Community Development Commission matters and was expected to go through the State Assembly this week. He urged people to support Assemblyman Joe Baca, who opposes this action, by calling Mr. Baca's office at 885-2222 to urge the Assembly not to vote for this measure. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated he could not disagree more with Council Member Curlin's position relative to Senate Bill 2112. ANNOUNCEMENT - MAYOR PRO TEM ARIAS (4) Mayor Pro Tem Arias wished the community a safe and happy Fourth of July holiday and announced that City Hall would be closed July 4, but would be open for business on Friday, July 5. ANNOUNCEMENT - CITY ATTORNEY PENMAN (4) City Attorney Penman stated he did not mean to challenge Dr. Curlin's medical judgment, if doctors construe knee surgery as an illness. City Attorney Penman proposed a truce that he would not challenge Dr. Curlin's medical opinions if Dr. Curlin would not challenge his legal opinions. ANNOUNCEMENT - FIRE MARSHAL GUY BURDICK (4) Guy Burdick, Fire Marshal, urged people to have a safe and responsible Fourth of July holiday and cautioned them to use only Safe and Sane fireworks. He noted that maps are posted at each fireworks stand which designate safe areas for using fireworks. PUBLIC COMMENTS - ELVIRA GALLARDO (5) Elvira Gallardo, 587 Gardena Street, San Bernardino, CA, asked that the Council reissue or reaffirm the resolution they passed on July 1, 1991, regarding the moving of Omnitrans into a residential area. Council Member Negrete asked the City Attorney and City Clerk to research Resolution 91-270 with regard to the concerns expressed by Ms. Gallardo to see if renewal or reaffirmation would be appropriate. 4 7/1/1996 PUBLIC COMMENTS - JAY WARD (5) Jay Ward, Chairman of the San Bernardino Young Men's Christian Association (YMCA), expressed appreciation for the City's efforts to improve law enforcement and stressed the importance of crime intervention. He outlined several of the programs offered by the YMCA and presented the City with 1,000 free day passes, accepted at all of the local YMCAs, to be given to the kids in the community to help keep them off the streets. PUBLIC COMMENTS - MARIAN WHITE VASSILAKOS (5) Marian White Vassilakos, President, League of Women Voters, expressed concern relative to the 72-hour agenda posting requirement and suggested putting the agenda on voice mail, publishing it in the media, or using some type of City bulletin board. She suggested that during the Council meeting a brief summation of the motion be run across the bottom of the TV screen, and that the motion be restated at the time the question is called. Ms. Vassilakos also recommended using a publicly displayed timing device so speakers know how much time they have left to speak. City Clerk Rachel Clark noted that the agenda has been made available for over two years at the Inland Center and Carousel Malls, and staff is currently investigating a new voting system which would include a timing device. City Administrator Shauna Clark stated that if the League is on the Internet, the City could provide the agenda information to the League for their web page. Mayor Pro Tem Arias suggested that the City Clerk meet with the League of Women Voters to discuss some of their concerns. City Attorney Penman stated that currently the Council allows three minutes to speakers, with additional time, if requested. He suggested giving each speaker five minutes at the outset. He also encouraged Council to allow the speakers to utilize their full 15 minutes (the amount of time allowed one speaker for the entire meeting) any way they wish--whether on one item or on ten items. PUBLIC COMMENTS - PENNY NICHOL (5) Penny Nichol, Highland Senior Center, 3102 E. Highland Avenue, San Bernardino, CA, thanked the Council and staff for the Community Development Block Grant (CDBG) funds and invited them to visit the center. 5 7/1/1996 PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed support for SB 2112, noting that the Mayor's veto could always be overridden by five votes of the Council. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling, #439, San Bernardino, CA, requested that the first page of each backup item on the agenda be better delineated to make it easier to find, thanked the Council for the electric doors to aid the handicapped when entering the Council Chambers, and requested a moment of silence for the friends and families of service personnel overseas in Saudi Arabia. PUBLIC COMMENTS - HELEN KOPCZYNSKI (5) Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, spoke regarding Assembly Bill 2063, which prohibits redevelopment agencies from providing assistance to gambling enterprises; Senate Bill 2112, which would give the Mayor veto power in Community Development Commission matters; and the Brown Act and the time constraints imposed on the public by the legislative body. PUBLIC COMMENTS - DONNA CONANT (5) Donna Conant, Highland, CA, spoke regarding the positive unifying of the community experienced through attending and participating in the Fourth of July celebration at Seccombe Lake Park. COUNCIL MEMBER CURLIN EXCUSED At 9:57 a.m., Council Member Curlin left the Council meeting. COUNCIL MINUTES 19) (Discussed later in the meeting - page (6) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: May 20, 1996. (Note: There was no vote taken.) It was suggested by City Administrator Shauna consensus of the Mayor and Common Council to take Consent Calendar later in the day. Clark and the action on the 6 7/1/1996 PUBLIC HEARING - ESTABLISH AND/OR INCREASE FEES - VARIOUS CITY DEPARTMENTS (21) Guy Burdick, Fire Marshall, submitted a Staff Report dated June 24, 1996, regarding adoption of an ordinance to amend Chapter 15.16 of the San Bernardino Municipal Code, which would authorize the establishment of fees for routine fire inspections; and a Staff Report dated June 5, 1996, regarding adoption of a resolution establishing administrative fees for annual routine inspections of property. City Clerk Rachel Clark submitted a Staff Report dated June 25, 1996, regarding adoption of an ordinance adding Section 5.82.040 to the San Bernardino Municipal Code relating to the establishment of a fee upon filing an Operator's Permit. Lee Gagnon, Business Registration Supervisor, City Clerk's Office, submitted a Staff Report dated June 25, 1996, regarding adoption of a resolution which would establish business registration and permit fees. Rachel Clark, City Clerk, submitted a Staff Report dated June 20, 1996, regarding adoption of a resolution which would establish City Clerk administrative fees for costs incurred on abatements of private property, buildings, abandoned vehicles, and weeds. Wayne Harp, Assistant Police Chief, submitted a Staff Report dated June 19, 1996, regarding adoption of a resolution authorizing the execution of Addendum to Agreement for Tow Services. City Attorney Penman stated that the resolution regarding Business Registration and Permit Fees, Item 21D, should be changed on page 1, Lines 4 and 6, to read Section 66018 instead of Section 66016. Mayor Pro Tem Arias opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.080 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PERMIT AND INSPECTION FEES FOR FIRE DEPARTMENT INSPECTIONS OF PROPERTY. First (21A) RES. 96-187 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING FIRE DEPARTMENT ADMINISTRATIVE FEES FOR ANNUAL ROUTINE INSPECTIONS OF PROPERTY AND PROCEDURES REGARDING THE IMPOSITION OF SUCH FEES. (21B) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.82.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A FEE UPON FILING AN APPLICATION FOR AN OPERATOR'S PERMIT. First (21C) 7 7/1/1996 RES. 96-188 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING BUSINESS REGISTRATION AND PERMIT FEES. (21D) RES. 96-189 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING CITY CLERK ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS. (21E) RES. 96-190 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ADDENDUM TO AGREEMENT FOR TOW SERVICES. (21F) Council Member Devlin made a motion, seconded by Council Member Anderson, that the hearing be closed; that full reading of the resolutions and ordinances be waived; that said ordinances be laid over for final adoption; and that said resolutions be adopted. (Note: There was no vote taken.) Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, stated that this was one time the resolutions and ordinances should be read so the public would be better informed of possible future fees they might incur. City Attorney Penman suggested separating the ordinances (Items 21A and 21C), which were receiving their first reading and would be brought back to Council for final reading and adoption on July 15, from the resolutions being approved and adopted today. Council Member Devlin made a substitute motion, seconded by Council Member Anderson, that the hearing be closed; that full reading of the resolutions be waived, and that said resolutions be adopted. The motion carried, and Resolution Nos. 96-187, 96-188, 96- 189, and 96-190 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the ordinances be waived, and that said ordinances be laid over for final adoption. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3337 - DEMOLISH BUILDING - 596 N. CABRERA AVENUE - NICOLAS ROSA (Discussed later in the meeting - page 19) (22) 8 7/1/1996 Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated June 12, 1996, regarding Mr. Rosa's appeal of the Board of Building Commissioners' Order No. 3337, to demolish a building located at 596 N. Cabrera Avenue. Mayor Pro Tern Arias opened the hearing. Director Boughey stated that said property had lost its nonconforming status and was now vacant. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold the findings of the Board of Building Commissioners and find that a nuisance existed at the time of original inspection and continues to exist; that within ten (10) days, the owner must obtain the required permits to demolish the abandoned structure; and that work is to be completed within 30 days. All work completed must be inspected and approved by the Inspection Services Division. COUNCIL MEMBER MILLER EXCUSED At 10:16 a.m., Council Member Miller declared a conflict of interest on Agenda Item No. 23 and left the Council meeting. PUBLIC MEETING CONFIRM 1996/97 ASSESSMENT ROLLS CENTRAL CITY PARKING DISTRICT - ASSESSMENT DISTRICT NO. 947, ROLLS 1 & 2 (23) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 17, 1996, regarding confirmation of the 1996/97 assessment rolls for Central City Parking District, Assessment District No. 947, Roll 1 and 2. Two letters were received protesting an increase to Assessment District No. 947, as follows: Irmgard Blum, P.O. Box 2366, San Bernardino, CA, dated June 4, 1996. Kenneth A. Steele, Alcon Real Estate, P.O. Box 1324, Colton, CA, dated June 3, 1996. Mayor Pro Tern Arias opened the hearing. Bob Neves, 2348 Sterling, #439, San Bernardino, CA, stated that the handicapped parking spaces in the Central City parking lot had recently been moved from their original location, and the new spaces are now on a dangerous slope. He requested that the City reinstall the handicapped parking spaces in the island across from the curb ramp where they were originally located. 9 7/1/1996 Mayor Pro Tem Arias directed the City Attorney's Office to meet with Mr. Neves to resolve this issue, since there was some misunderstanding as to the exact location of the parking spaces in question. COUNCIL MEMBER CURLIN RETURNED At 10:18 a.m., Council Member Curlin returned to the Council meeting and took his place at the Council table. Donna Conant, Highland, CA, noted that there is a space in the north parking lot of City Hall where there is no curb and the blue paint indicating that it is handicapped parking has worn off. She requested that this be repainted so the sidewalk and street are clearly delineated. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the public meeting relative to the 1996/97 assessment rolls for the Central City Parking District (Assessment District No. 947), be closed, and protests, if any, be carried over to the public hearing to be held at the Mayor and Common Council meeting of July 15, 1996, at 10:00 a.m. COUNCIL MEMBER MILLER RETURNED At 10:23 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. ADOPT - CITY OF SAN BERNARDINO CRIME-FIGHTING STRATEGIC PLAN - STRATEGIC PLAN STEERING COMMITTEE (24) In a letter dated June 21, 1996, addressed to Mayor Minor and members of the Common Council, the Strategic Plan Steering Committee submitted the City's Crime Fighting Strategic Plan and stated, "We are absolutely certain that the solution to San Bernardino's crime problem lies in community involvement. Each and every strategy was formulated with our mission statement in mind: 'Enlist the participation of the total community to steadily and significantly reduce crime in San Bernardino.'" Council inquired as to when the implementation part of the plan would be completed. City Administrator Shauna Clark stated that it may be five to six months before the implementation segment of the plan is completed; however, the strategy portion of the plan, which includes the number of police officers needed, is the information that is needed in order to place this matter on the ballot. 10 7/1/1996 Rabbi Hillel Cohn, a member of the Steering Committee, stated he was impressed with the high degree of commitment and expertise exhibited by the committee and urged the Council to be patient with the implementation process, noting that it only makes sense to wait until the Council approves the overall strategy report before going ahead with the implementation strategy. Council Member Committee, expressed adoption of same. Devlin, support also a of the member of the plan and urged Steering Council's Police Chief Lee Dean thanked everyone who participated and contributed their time to making the plan a reality and answered questions regarding various components of the plan. Ed Switzer, 3348 Leroy Street, San Bernardino, CA, Steering Committee member, stated he especially wanted to call attention to the Strategic Plan's mission statement (as quoted above) and to Goal 5, "Create a more involved, responsible community by strengthening community partnerships and delivering programs that create involvement in problem solving and crime prevention." He stated he supports the plan and will do whatever it takes to implement same. Bob Botts, 4694 Woodbend Lane, San Bernardino, speaking as a taxpayer and citizen of San Bernardino, expressed wholehearted support for the plan, stating that it would bring the entire community together to fight crime. Council Member Oberhelman commended the committee for its work and recommended adoption of the plan. Mayor Pro Tern Arias thanked Chief Dean and the committee, stating she would be interested in seeing a date timeline for the plan. Bob Neves, 2348 Sterling, #439, San Bernardino, CA, stated that at one time there was a group of volunteers who utilized radios in the enforcement of handicapped parking. He asked that Council consider using blue crews, who could then report other crime situations they encounter. City Attorney Penman encouraged the Council to stating that it had not been presented as a ordinance; however, his office would be going carefully. adopt the plan, resolution or over it very Council Member Curlin made a motion, Member Oberhelman, and unanimously carried, Bernardino Crime-Fighting Strategic Plan be seconded by Council that the City of San adopted. 11 7/1/1996 APPROVE PLAN NO. 9515 - AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL TRAFFIC SIGNALS & CHANNELIZATION - MT. VERNON AVENUE & 21ST STREET (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 17, 1996, regarding approval of plans and authorization to advertise for bids for installation of traffic signals and channelization at Mt. Vernon Avenue and 21st Street according to Plan No. 9515. Director Hardgrave requested that the Council table Motion No. One, since it was not certain which account would be used for this expenditure, and approve Motion No. Two, which approves the plans and authorizes advertisement for bids; and answered questions regarding the project. He indicated that devices for the visually impaired could be included in this project for an additional $2,100, and it would cost an additional $8,000 to stamp the pavement for beautification. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for installation of traffic signals and channelization at Mt. Vernon Avenue and 21st Street, in accordance with Plan No. 9515, be approved, to include an additional $2,100 for devices for the visually impaired; and that the Director of Public Works/City Engineer be authorized to advertise for bids. Bob Neves, 2348 Sterling, #439, San Bernardino, CA, suggested that the City contact Lighthouse for the Blind so they can notify the individuals they serve that devices for the visually impaired have been included in this proj ect; and expressed support for stamping the pavement as long as it is not done on the public way. APPROVE CONTRACT CHANGE ORDER NO. ONE - TRANSFER FUNDS - $6,575 540 LINEAR FEET SIDEWALK ALONG NORTH PARK BOULEVARD - INSTALL TRAFFIC SIGNALS - NORTH PARK BOULEVARD & COYOTE DRIVE - HOVEY ELECTRIC, INC. - PLAN NO. 9419 (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 13, 1996, regarding approval of Contract Change Order No. One to the contract with Hovey Electric, Inc., for installation of traffic signals at Northpark Boulevard and Coyote Drive, to include installation of 540 linear feet of sidewalk along Northpark Boulevard. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the transfer of $6,575, from Account No. 126-000-3405, "Undesignated Reserve," to Account No. 126-369-5504-7034, "Traffic Signals Northpark Boulevard and Coyote Drive," be approved; and that Change Order No. One to the contract for the installation of traffic signals at 12 7 /1/1996 Northpark Boulevard and Coyote Drive, in accordance with Plan No. 9419, be approved; and that the contractor be compensated for 540 linear feet of sidewalk along Northpark Boulevard, at an estimated increase to the contract price of $11,375, from $126,856.50 to $138,231.50. RECESS MEETING At 10:56 a.m., Mayor Pro Tern Arias declared a five-minute recess. RECONVENE At 11: 02 a. m., Mayor Pro Tem Arias reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Arias; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Mayor Minor. RES. 96-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH THE AYALA FAMILY, RELATING TO THAT CERTAIN REAL PROPERTY SITUATED AT 1505 NORTH WATERMAN AVENUE, IN SAN BERNARDINO. (28) Roger Hardgrave, Director of Public Works/City Engineer, presented an overview of previous actions taken relative to the Ayala family's lease with option to purchase and renovation of the property located at 1505 N. Waterman Avenue. Salvador Ayala, Jr., 1505 N. Waterman Avenue, San Bernardino, CA, explained that during the renovation process they have encountered many areas with invisible damage such as dry rot and termites, which have needed extensive repairs. In addition, they have been vandalized on several occasions. Therefore, they are requesting an additional four months of "free rent" from the City and reimbursement of the costs incurred for construction plans and permit fees. Council Member Devlin stated he the grace period for the rent, but required City fees. saw no problem with extending thought they should pay the 13 7/1/1996 Council Member Devlin made a motion, seconded by Council Member Negrete, that full reading of the resolution be waived; that said resolution be adopted; and that the request by the Ayala family for the reimbursement of costs incurred for construction plans and permit fees in the remodeling of the old Gallo's Flowers building located at 1505 N. Waterman Avenue, be rejected. The motion carried, and Resolution No. 96-191 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11:08 a.m., Vice Chairwoman Arias 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. JOINT PARK JOINT NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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. RES. 96-192 - 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 TECHNICAL APPLICATIONS FOR THE FURNISHING AND DELIVERY OF REROOFING OF AREA 3 AT THE CAROUSEL MALL; AND REPEALING RESOLUTION NO. 96-24. (R4) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-192 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 14 7/1/1996 APPROVE EMPLOYMENT LINKAGE PROGRAM EXECUTE OWNER PARTICIPATION AGREEMENT ENGINEERING & MANUFACTURING, INC. AUTHORIZE & SHOCKLEY (R7) Robert Botts, Manager, Office of Business Development, Economic Development Agency, submitted a Staff Report dated June 24, 1996, regarding an Employment Linkage Program Agreement in an amount not to exceed $22,000 and execution of an Owner Participation Agreement with Shockley Engineering & Manufacturing, Inc. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development Commission and the Mayor and Common Council approve an Employment Linkage Program in an amount not to exceed $22,000, in accordance with the terms and conditions set forth in the staff report; further, that the Agency Administrator be authorized to execute an Owner Participation Agreement with Shockley Engineering and all other implementing documentation. AUTHORIZE & EXECUTE AGREEMENT - ELECTRIC VEHICLE CHARGING STATION BASEMENT OF FIVE-LEVEL PARKING STRUCTURE ECONOMIC DEVELOPMENT AGENCY (EDA) - INLAND EMPIRE CLEAN FUELS CORRIDOR PROJECT (R10) Timothy Steinhaus, Economic Development Agency Administrator, submitted a Staff Report dated June 25, 1996, regarding execution of an agreement between the Economic Development Agency and the City of San Bernardino for installation and operation of two electric vehicle charging stations to be located in the basement of the five-level parking structure. Lori Sassoon, Administrative Analyst, City Administrator's Office, introduced Michelle Kirkhoff of San Bernardino Associated Governments (SANBAG), 472 N. Arrowhead Avenue, San Bernardino, CA. Ms. Kirkhoff stated that all the leading automobile manufacturers will soon be manufacturing electric vehicles and SANBAG is looking for convenient locations for people to recharge their vehicles. She explained that SANBAG is paying for the installation ($15,000) and asking the City for the space and electricity. Discussion ensued regarding the fact that the City would lose the revenue from four parking spots ($24 each) in addition to paying for the electricity. It was noted that it would take approximately two hours to charge a vehicle at a cost of $1.50, with an estimated yearly cost for electricity of $150 per charging station. 15 7/1/1996 Council Member Miller made a motion, seconded by Council Member Devlin, that the Mayor and Common Council authorize the Mayor to execute a Charging Station Agreement between the City of San Bernardino and the Economic Development Agency for the installation and operation of an electric vehicle charging station in the five-level parking structure. The motion carried by the following vote: Ayes: Members Curlin, Arias, Devlin, Anderson, Miller. Nays: Member Oberhelman. Abstain: Council Member Negrete. None. Council Council Absent: Following the vote, it was noted that members of the audience were standing at the podium waiting to speak to this item. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the previous action taken, authorizing the Mayor to execute a Charging Station Agreement between the City of San Bernardino and the Economic Development Agency for the installation and operation of an electric vehicle charging station in the five-level parking structure, be reconsidered. Donna Conant, Highland, CA, stated that confused about this issue and inquired whether providing the electricity free of charge. some people were the City would be Staff noted that free electricity would be provided for three years--until August 1999. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired whether any of the money for this project was coming from the Economic Development Agency (EDA) budget. Timothy Steinhaus, EDA Administrator, stated would come from EDA for this project; they are because they own the five-level parking structure. that no money involved only Council Member Miller made a motion, seconded by Council Member Anderson, that the Mayor and Common Council authorize the Mayor to execute a Charging Station Agreement between the City of San Bernardino and the Economic Development Agency for the installation and operation of an electric vehicle charging station in the five-level parking structure. The motion carried by the following vote: Ayes: Members Curlin, Arias, Devlin, Anderson, Miller. Nays: Member Oberhelman. Abstain: Council Member Negrete. None. Council Council Absent: 16 7/1/1996 RECESS MEETING At 12: 08 p. m., Vice Chairwoman Arias 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. RECONVENE MEETING At 2:03 p.m., Mayor Pro Tern meeting of the Mayor and Common Bernardino. Arias reconvened the Council of the City regular of San ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tern Arias; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Mayor Minor; Council Member Curlin. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 94-07 - FENCE STANDARDS - CITY RESIDENTIAL DISTRICTS (Continued from June 17, 1996) (37) Mayor Pro Tem Arias opened the hearing. Al Boughey, Director of Planning and Building Services, stated that this item had been continued from a previous meeting to enable Mayor Minor to be in attendance, and since the Mayor was not present, he was requesting a 30-day continuance. Robert Castaneda, 1425 W. 9th Street, San Bernardino, CA, urged the Council to make a decision one way or the other relative to fencing standards, as fences are continuing to go up in his area; and inquired how to get someone out to inspect these fences. Ralph and Rosa Robles, owners of 693 & 695 W. Evans Street, San Bernardino, CA, stated that they had erected a fence to protect their tenants and had been cited because it was a chain link fence. Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed opposition to chain link fences, stating that the proposed amendment would be inconsistent with the General Plan and that said fences do not stop crime, but merely provide a false sense of security. David and Bernardino, CA, of the proposed standards. Sandi Caldera, 1482 W. Windsor Street, San submitted a letter dated June 25, 1996, in support development code amendment and more lenient fencing 17 7/1/1996 Discussion ensued regarding the City's fencing standards and the fact that if residents wanted to repair old chain link fencing this would be permitted; however, they cannot replace it with new chain link fencing. Council Member Negrete recommended that Code Enforcement check on some of the properties mentioned earlier in the meeting relative to compliance with the existing code. 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. (37) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Anderson, Council Members Curlin, Arias. Absent: None. Ayes: Miller. Council Nays: DEPUTY CITY ATTORNEY EMPENO & DIRECTOR OF PLANNING AND BUILDING SERVICES BOUGHEY EXCUSED At 2:28 p.m., Deputy City Attorney Empeno and Director of Planning and Building Services Boughey left the Council meeting and were replaced by Senior Assistant City Attorney Barlow and Economic Development Agency Administrator Steinhaus, respectively. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 2: 29 p. m., Vice Chairwoman Arias 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 Council. JOINT PARK JOINT At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 3:01 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. 18 7/1/1996 ECONOMIC DEVELOPMENT EXCUSED At 3:01 p.m., Steinhaus left the Administrator Shauna AGENCY ADMINISTRATOR STEINHAUS Economic Development Council meeting and Clark. Agency Administrator was replaced by City RECONSIDER APPEAL HEARING BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3337 - DEMOLISH BUILDING - 596 N. CABRERA AVENUE - NICOLAS ROSA (Discussed earlier in the meeting - page 8) (22) City Attorney Penman asked that Agenda Item No. 22 be reconsidered. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Council reconsider its previous action, "That the hearing be closed; and that the Mayor and Common Council uphold the findings of the Board of Building Commissioners and find that a nuisance existed at the time of original inspection and continues to exist; that within ten (10) days, the owner must obtain the required permits to demolish the abandoned structure; and that work is to be completed within 30 days. All work completed must be inspected and approved by the Inspection Services Division." City Attorney Penman requested that the matter be continued for 30 days due to procedural problems. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996 . COUNCIL MINUTES 6) (Discussed earlier in the meeting - page (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: May 20, 1996. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (7) Council Member Curlin 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 Mayor and Common Council, be waived. 19 7/1/1996 RES. 96-193 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND IMPLEMENTING THE UTILITY USER TAX (UUT) ADMINISTRATIVE RULES. (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-193 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RES. 96-194 - 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) (9) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid. The motion carried, and Resolution No. 96-194 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. RES. 96-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE SCHEDULE OF PENALTIES FOR PARKING VIOLATIONS SET FORTH IN THE CITY OF SAN BERNARDINO MUNICIPAL CODE AND THE CALIFORNIA VEHICLE CODE. (10) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96 -195 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-973 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTIONS 10.16.160 AND 10.16.220 OF THE MUNICIPAL CODE RELATING TO DISABLED PERSONS PARKING AND PARKING UNREGISTERED VEHICLES. Final (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-973 was adopted by the following vote: Council Members Curlin, Arias, Oberhelman, Anderson, Miller. Council Members Negrete, Devlin. Absent: None. Ayes: Nays: 20 7/1/1996 RES. 96-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADS TART CENTER. (12) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-196 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORD. MC-974 - 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. Final (13) RES. 96-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (14) RES. 96-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CR JAESCHKE, INC., FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1996 14 FOOT 3 GANG ROTARY MOWER AND TWO (2) EACH 72 INCH ROTARY MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96-19. (15) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said ordinance and resolutions be adopted. Ordinance No. MC-974 and Resolution Nos. were adopted by the following vote: Ayes: Negrete, Curlin, Arias, Oberhelman, Devlin, Nays: None. Absent: None. 96 -197 and 96 -198 Council Members Anderson, Miller. CLAIMS AND PAYROLL (16) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 18, 1996, from the Director of Finance, be approved. 21 7/1/1996 PERSONNEL ACTIONS (17) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 20, 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. APPROVE - CONTRACT CHANGE ORDER NO. ONE - INSTALL 48" STEEL CASING IN LIEU OF 36" STEEL CASING - INTERSECTION - HIGHLAND AVENUE & CALIFORNIA STREET - INSTALL SEWER MAIN - 16TH & CALIFORNIA STREETS, BETWEEN MEDICAL CENTER DRIVE & PORTER STREET - UTAH PACIFIC CONSTRUCTION (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 17, 1996, regarding Change Order No. One to the contract with Utah Pacific Construction for the installation of sewer main line in 16th Street, California Street, Medical Center Drive and Porter Street, per Plan No. 9195. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order No. One to the contract with Utah Pacific Construction for installation of sewer main line in 16th Street, California Street, Medical Center Drive and Porter Street, in accordance with Plan No. 9195, be approved; and that the contractor be compensated for the additional work performed in the installation of a 48-inch steel casing in lieu of the 36-inch steel casing at the intersection of Highland Avenue and California Street, on a time and material basis, at an increase from $616,176 to $641,176. APPROVE CONTRACT CHANGE ORDER NO. ONE REMOVE & REPLACE CONCRETE, GRADE, INSTALL RETAINING WALL - PLACE ADDITIONAL AGGREGATE BASE & ASPHALT CONCRETE PAVEMENT - PROVIDE PEDESTRIAN WALKWAY & WIDEN SOUTHEAST CORNER OF MILL STREET & MERIDIAN AVENUE - INSTALL TRAFFIC SIGNALS AT MILL STREET & MERIDIAN AVENUE - J.E.G. CONSTRUCTION COMPANY, INC. (19) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 19, 1996, regarding Change Order No. One to the contract with J.E.G. Construction Company, Inc., for installation of traffic signals at Mill Street and Meridian Avenue in accordance with Plan No. 9349. Council Member Oberhelman Member Curlin, and unanimously to the contract with J.E.G. installation of traffic signals in accordance wi th Plan No. contractor be compensated for made a motion, seconded by Council carried, that Change Order No. One Construction Company, Inc., for at Mill Street and Meridian Avenue, 9349, be approved; and that the extra work in the concrete removal 22 7/1/1996 and replacement, grading, installation of a retaining wall and the placement of additional aggregate base and asphalt concrete pavement, to provide a pedestrian walkway and the widening of the southeast corner of Mill Street and Meridian Avenue at an estimated increase in the contract price of $13,:87.95, from $122,397.25 to $135,585.20. RES. 96-199 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 82 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE WIDENING OF RAMPS AND TRAFFIC SIGNAL INTERCONNECT ON TIPPECANOE AVENUE, FROM REDLANDS BOULEVARD TO HOSPITALITY LANE. (20) Council Member Devlin made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 96-199 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. AUTHORIZATION TO VICTORIA AVENUE, NO. 9513 PROCEED - STREET VACATION - PORTION OF NORTH OF PIEDMONT DRIVE - APPROVE PLAN (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 17, 1996, regarding authorization to proceed with the vacation of a portion of Victoria Avenue lying north of piedmont Drive and approval of Plan No. 9513. Council Member Negrete made a motion, seconded by Council Member Anderson, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the vacation of that portion of Victoria Avenue lying north of Piedmont Drive; and that Plan No. 9513 showing the vacation of that portion of Victoria Avenue lying north of piedmont Drive, be approved. (Note: There was no vote taken.) Concern was expressed that proceeding with the vacation prior to Federalization of the property would leave the City with a piece of property to which they would have no access; therefore, it was requested that the matter be continued until the Council is certain of the status of this particular parcel of land. Council Member Oberhelman made a motion, Member Devlin, that the matter be continued to Council meeting of July 15, 1996. seconded by Council the Mayor and Common 23 7/1/1996 The motion carried Members Negrete, Curlin, Council Member Anderson. by the following vote: Ayes: Council Arias, Oberhelman, Devlin, Miller. Nays: Absent: None. RES. 96-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL PLANT SERVICES, INC., FOR PROFESSIONAL SERVICES RELATIVE TO PROVIDING SPECIAL MAINTENANCE SERVICES FOR THE CITY'S SEWAGE SYSTEM. (29) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the expertise and technology of National plant Services, Inc., and the reasons for contracting with them for sewer maintenance services. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired whether the sewer clean-out services provided by National Plant Services, Inc., would go into private property or be for public sewer lines only. Director Hardgrave affirmed that they would service public lines only. Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-200 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION ... DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS ...;" AND PROVIDING THAT LYNWOOD DRIVE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH CENTRAL AVENUE. (30) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-201 was adopted by the following vote: Ayes: Counoil Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THIRD STREET LYING BETWEEN MT. VERNON AVENUE AND VIADUCT BOULEVARD. (31) Council Member Negrete made a motion, seconded by Council Member Anderson, that said resolution be adopted. 24 7/1/1996 Resolution No. 96-202 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. CONFIRM 1996/97 ASSESSMENT ROLLS CHAPTER 12.90 CONSTRUCTION ASSESSMENT DISTRICT NOS. 966, 971, 973, 1004 & CHAPTER 12.92 1991-02 AND 1993-01 IMPROVEMENTS (32) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 10, 1996, regarding confirmation of the 1996-97 assessment rolls for Chapter 12.90 Construction Assessment District Nos. 966, 971, 973, and 1004; and Chapter 12.92 1991-02 and 1993-01 improvements. RES. 96-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN BERNARDINO. (32A) RES. 96-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 971, FIRE STATION CONSTRUCTION REIMBURSEMENT DISTRICT IN THE TRI-CITY AREA. (32B) RES. 96-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 973, INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND HALLMARK PARKWAY. (32C) RES. 96-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996 - 97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, SIGNALIZATION DISTRICT, COMMERCENTER EAST AREA. (32D) RES. 96-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR THE 1991-02 IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 AND CHAPTER 12.92 OF THE SAN BERNARDINO MUNICIPAL CODE. (32E) RES. 96-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR THE 1993-01 STREET WIDENING IMPROVEMENT PROJECT UNDER THE PROVISIONS OF CHAPTER 12.92 OF THE SAN BERNARDINO MUNICIPAL CODE. (32F) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. 25 7/1/1996 Resolution Nos. 96-203, 96-204, 96-205, 96-206, 96-207, and 96-208 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 994 FOR CITY-WIDE STREET LIGHTING, STREET SWEEPING, TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI REMOVAL. (33) Council Member Devlin made a motion, seconded Member Oberhelman, that said resolution be adopted. vote was taken after discussion.) by Counc i 1 (Note: The Concern was expressed that there might be property owners who would want to speak on this matter and it should be continued for two weeks. Council Member Arias made a substitute motion that the matter be continued to the Mayor and Common Council meeting of July 15, 1996 . It was noted that the assessment rolls needed to be confirmed this date in order to get them to the Tax Collector's Office in a timely manner. The substitute motion failed for lack of a second. Resolution No. 96-209 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING/REPORTING PROGRAM AND DIRECTING THE FIRE CHIEF TO PROCEED WITH IMPLEMENTATION AND ADMINISTRATION OF THE VEGETATION MANAGEMENT PROGRAM. (34) Richard McGreevy, Disaster Preparedness Coordinator, explained that in July 1995 the Council had authorized the acceptance of a Federal Emergency Management Agency (FEMA) Vegetation Management Program (VMP) grant which calls for doing prescribed burns over a five-year period in an effort to significantly reduce the threat of a wildland fire spreading into the City's historically vulnerable northern wildland-urban interface. Tom Dodson, Tom Dodson & Associates, 463 N. Sierra Way, San Bernardino, CA, environmental consultant, stated that a number of scoping meetings had been conducted and the Environmental Review Committee had determined that the VMP would not have a significant 26 7/1/1996 effect on the environment. He also explained the process used for protecting endangered species and the overall benefits of controlled burns versus wildfires. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, stated that she objected to everything in this initial study and expressed opposition to the program. Albert Kelly, 361 Franklin Street, Redlands, CA, vehemently opposed the program, stating that it includes disking the area, which is against California Environmental Quality Act (CEQA) guidelines and allows grasslands to move in, which burn faster than the chaparral. City Attorney Penman stated that there are things that must be done to protect the city as well as protecting the environment, and controlled burns are not inconsistent with the environment and, in fact, can be very beneficial. Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-210 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER MILLER EXCUSED At this time, Council Member Miller left the Council meeting. RES. 96-211 - 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. (Continued from June 17, 1996) (36) Council Member Oberhelman stated he saw no necessity to cap the contract at $30,000. Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. Ayes: Nays: Resolution No. 96-211 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Devlin, Anderson. Council Member Oberhelman. Absent: Council Member Miller. DISCUSS & TAKE POSSIBLE ACTION FY 1996/97 (Continued from June 17, 1996) (Discussed later meeting - page 33) BUDGET in the (35) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated June 26, 1996, which included a summary of revenue enhancements and budget reductions already approved by Council for 27 7/1/1996 FY 1996/97 and a list eliminate the remaining of proposed budget deficit. adjustments to help Mr. Wilson gave an overview of past actions taken by the Council to balance the budget and new proposals. The following actions were taken by Council: REVENUE ENHANCEMENTS/ADJUSTMENTS Sewer "in-lieu fee" Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, to increase the sewer "in-lieu fee" transfer from the Sewer Fund to the General Fund from $304,000 annually to $504,000. Bookinq Fee Trust Fund Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, to reduce the Booking Fee Trust Fund by $50,000. Increase Animal Control licensinq revenues throuqh contractinq for door-to-door canvassinq Gary opposition canvassing revenues. Kirby, 1505 Yardley, San Bernardino, CA, expressed to hiring an outside agency for animal license with the City receiving only 40 percent of the collected Debi Biggs, Director of Animal Control, explained the rationale for hiring a private company to conduct door-to-door canvassing to increase Animal Control licensing revenues. Jeff Carr, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, stated this proposal would have a major impact on animal control officers currently employed and requested another privatization committee meeting. Assistant City Administrator Wilson informed Council that according to Personnel Director Dillon, there had been three privatization meetings and four meet and confer meetings, and this particular matter and the position to be eliminated had been discussed. Council Member Anderson made a motion, seconded by Member Devlin, and unanimously carried, to increase Animal licensing revenues by $45,000 through contracting with a firm for door-to-door canvassing. Council Control private 28 7/1/1996 Reduce General Fund Transfer council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, to reduce the General Fund transfer by $30,000. BUDGET REDUCTIONS Eliminate Assistant Director of Planninq and Assistant Planner; establish new Use/Development Manaqer & Buildinq Services position of Land council Member Curlin made a motion, seconded by Council Member Anderson, that the positions of Assistant Director of Planning and Building Services and Assistant Planner be eliminated; and the new position of Land Use/Development Manager, be established. (Note: There was no vote taken.) Discussion ensued regarding elimination of the two positions as proposed, and not establishing the new position of Land Use/Development Manager, for even more of a savings. It was determined that the compensation for the new position would be approximately $79,200. City Administrator Shauna Clark stated that some administrative-type positions needed to be retained to interface wi th the developers and shepherd some of the bigger proj ects through the system. Council Member Oberhelman made a substitute motion, seconded by Council Member Anderson, and unanimously carried, to eliminate the positions of Assistant Director of Planning and Building Services and Assistant Planner; and not establish the new position of Land Use/Development Manager, for a total savings of $134,200. Reduce Mayor's Office Expenditures Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, to reduce expenditures in the Mayor's Office by $7,700. Approve reductions previously made "in concept": 1) Contract animal license canvassinq (thereby eliminatinq one part-time Animal License Checker position, 2) Reduce buildinq maintenance services, 3) Eliminate vacant Equipment Mechanic II (Fire Dept.) Skip Kulikoff, President, San Bernardino/Rialto Fire Fighters Local 891, 371 W. 14th Street, San Bernardino, CA, stated that the City is currently using the fire companies to service equipment, and he believes the Equipment Mechanic II position needs to be filled. 29 7/1/1996 Council Member Anderson made a motion, seconded by Council Member Devlin, to delete the elimination of the vacant Equipment Mechanic II position from the list of budget reduction measures and authorize filling the Equipment Mechanic II position; and approve contracting for animal license canvassing (thereby eliminating one part-time Animal License Checker position) and reduction of building maintenance services, for a savings of $51,500. (Note: There was no vote taken and the motion was subsequently amended.) Jeff Carr, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, suggested that the two positions affected by the reduction in building maintenance services remain in the budget in-lieu of future attrition. City Administrator Shauna Clark suggested that if Council had concerns regarding the building maintenance positions, they could make their motion contingent upon the affected employees having a position to bump into. Council Member Anderson amended her motion, seconded by Council Member Devlin, and unanimously carried, to delete the elimination of the vacant Equipment Mechanic II position from the list of budget reduction measures and authorize filling said position; approve contracting for animal license canvassing (thereby eliminating one part-time Animal License Checker position); and approve reduction of building maintenance services, provided the affected employees have a position to bump into, for a savings of $51,500. It was the consensus of Council to continue budget discussions later in the meeting to allow Assistant City Administrator Wilson and Director of Finance Pachon to come back with additional ideas for closing the remaining budget gap. AUTHORIZE APPROPRIATION - $8,400 - OPEN & OPERATE - CAL STATE SWIMMING POOL - COUNCIL MEMBER DEVLIN (Discussed later in the meeting - page 33) (Sl) Council Member Devlin submitted a Staff Report dated June 26, 1996, regarding the appropriation of 58,400 to operate a summer public swim program at Cal State University. Council Member Anderson made a motion, Member Devlin, that $8,400 be appropriated public swim program at Cal State University. taken after discussion.) seconded by Council to operate a summer (Note: The vote was Discussion ensued regarding why this particular pool should be opened when there are others in the City that are available, although they are not currently being maintained; what the $8,400 would cover; and the agreement the City has with Cal State relative to use of the pool in exchange for use of Fiscalini Field. 30 7/1/1996 City Administrator Shauna Clark pointed out that since the season had already started the cost would be approximately $6,400, and suggested a recess to enable staff to find the agreement between the City and Cal State University. RECESS MEETING At 5:27 p.m., Mayor Pro Tem Arias declared a five-minute recess. RECONVENE MEETING At 5:34 p.m., Mayor Pro Tem meeting of the Mayor and Common Bernardino. Arias reconvened the Council of the City regular of San ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Arias; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Minor; Council Members Anderson, Miller. AUTHORIZE APPROPRIATION - $8,400 - OPEN & OPERATE - CAL STATE SWIMMING POOL - COUNCIL MEMBER DEVLIN (Discussed later in the meeting - page 33) (Sl) City Administrator Shauna Clark informed Council that according to Resolution 95-38, there is an agreement between the City and Cal State effective until September 1996. Said agreement states that Cal State will not charge the City for use of the pool; however, the City must provide staff and maintenance. In return, the City does not charge Cal State for use of Fiscalini Field, but they are required to provide certain services with regard to the field. She added that the $6,400 would be paying for the lifeguards. COUNCIL MEMBER ANDERSON RETURNED At 5:35 p.m., Council Member Anderson returned to the Council meeting and took her place at the council table. The motion failed by the following vote: Members Oberhelman, Devlin, Anderson. Nays: Negrete, Curlin, Arias. Absent: Council Member Ayes: Council Miller. Council Members Donna Conant, a teacher at Cajon High School, stated that the City needs to be concerned about the welfare of young people, and noted that the school has some facilities available for summer use. 31 7/1/1996 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A MEASURE TO ADOPT AND LEVY A SPECIAL TAX TO PAY FOR ADDITIONAL POLICE OFFICERS, EQUIPMENT AND ATTENDANT EXPENSES AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996. (S2A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROPOSING THE ADOPTION AND AUTHORIZATION OF THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS, EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE. First (S2B) Senior Assistant City Attorney Barlow submitted a memorandum dated June 25, 1996, relative to the "Taxpayers Right to Vote on Taxes" initiative, wherein he stated that said initiative would extend the provisions of Proposition 62, which was approved in 1986, to charter cities; invalidate any tax imposed since January 1, 1995, which was not approved by a vote of the people; and would make the approval of new or increased assessments very difficult for several reasons, including that at the hearing for approval, a majority protest is based on those property owners who appear at the hearing and "vote" based on their financial obligation. City Administrator Shauna Clark explained that since the last Council meeting, when the Council expressed a desire to place a measure on the November ballot regarding a special tax to pay for additional police positions, the "Taxpayers Right to Vote on Taxes" measure had qualified for the ballot and could have a significant impact on the City's budget and on the proposed special parcel tax. Ms. Clark enumerated the City taxes which would be affected if said initiative is retroactive to January 1, 1995, which included $1.67 million in utility taxes, increases approved within assessment districts ($140,000 for last year plus what was added this year equals $171,000), and possibly the sewer in-lieu fees ($304,000 for last year, to go up to $504,000 this year). She added that the City would be looking at a mid-year budget adjustment of $2,719,924 if said initiative is approved in November. Council Member Negrete made a motion that Council move forward with adoption of said resolution (S2A) with some form of caveat that the Council has to take into consideration any legislation and/or judicial rulings that are enacted which would preclude the City from having the election. The motion failed for lack of a second. 32 7/1/1996 City Attorney Penman recommended that in order to keep the option open for having the election in November, that the Council give first reading to the ordinance (S2B) and continue adoption of the resolution (S2A) to the Mayor and Common Council meeting of July 15. Council Member Negrete made a motion, seconded by Council Member Curlin, that said ordinance (S2B) be laid over for final adoption and that said resolution (S2A) be continued to the Mayor and Common Council meeting of July 15, 1996. (Note: There was no vote taken.) City Administrator Shauna Clark expressed concern relative to placing this matter on the November ballot the way it is currently written and being locked into the position of adding 69 new police officer positions. She stated that there should be flexibility in the language and some type of contingency in the event the "Taxpayers Right to Vote on Taxes" initiative is approved and the City loses its other sources of revenue. David Shulze, Inland Empire Association of Realtors, stated he believes this issue must move forward. He added that the Association is committed to assisting the City in any way they can to get the citizens to the polls. City Attorney Penman suggested that the Council continue this meeting for two days to allow staff to explore different options. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that this matter (Agenda Item Nos. S2A and S2B), as well Agenda Item Nos. 1, 35, and Sl be continued to 10:00 a.m., Wednesday, July 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT (38) At 6:25 p.m., the regular meeting of the Mayor and Common Council was adjourned to 10:00 a.m., Wednesday, July 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 4~/~d Deputy City Clerk No. of Items: 44 No. of Hours: 8.5 33 7/1/1996