Loading...
HomeMy WebLinkAbout02-20-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 20, 1995 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, February 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Curlin, Hernandez, Oberhelman, Devlin, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam, Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: Enborq vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 268606. RECESS MEETING - CLOSED SESSION (1) At 8:02 a.m., the Mayor and Common Council recessed to closed session for the following: 1. Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Manta Manaqement Corporation vs. City of San Bernardino - United States District Court Case No. CV - ED 94-251 RT (Mcx) , Cimarron Ranch Associates vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 17045, Dean R. Meech vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18049; McCrarv vs. citv of San Bernardino Superior Court Case No. SCV 11780. San Bernardino B. Conference with legal counsel - anticipated litigation: 1 2/20/95 1. Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (c) : one case; 2 . Significant subdivision one case. exposure to litigation pursuant to (b) of Government Code Section 54956.9: CLOSED SESSION At 8:02 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Curlin, Hernandez, Oberhelman, Devlin; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam, Miller, City Attorney Penman. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, and Al Boughey, Director of Planning & Building Services. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. CITY ATTORNEY PENMAN ARRIVED At 8:04 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER MILLER ARRIVED At 8: 11 a. m., Council Member Miller arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO & PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 8:17 a.m., Deputy City Attorney Empeno and Planning & Building Services Director Boughey left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8: 17 a. m., Deputy City Attorney Rhemrev arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:18 a.m., Council Member Pope-Ludlam arrived at the closed session. 2 2/20/95 DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:25 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:38 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 9:07 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: Council Members Negrete, Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBERS HERNANDEZ, DEVLIN & MILLER (2) Mayor Minor submitted Staff Reports dated January 12 and 17, and February 14, 1995, respectively, requesting that the following appointments be approved: MAYOR MINOR Parks and Recreation Commission - Max L. Alonso, III Senior Affairs Commission - Joyce R. Cozzo COUNCIL MEMBER HERNANDEZ - THIRD WARD Main Street Advisory Board - Jordan Grinker COUNCIL MEMBER DEVLIN - FIFTH WARD Central City Parking Place Commission - Jeffrey A. Lerner COUNCIL MEMBER MILLER - 8EVENTH WARD Community Development Citizens Advisory Committee Valles Judith 3 2/20/95 Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the appointments requested by Mayor Minor and Council Members Hernandez, Devlin and Miller, be approved. PRESENTATION - 1994 INNOVATIVE CITY OF THE YEAR AWARD - INLAND EMPIRE CHAPTER - LEAGUE OF CALIFORNIA CITIES - JOB CONNECTION TELEVISION SERIES (2A) Ernest Wilson, Affirmative Action Officer, Mayor's Office, stated that the Inland Empire Chapter of the League of California Cities has presented the City with the 1994 Innovative City of the Year Award for its broadcast of the Job Connection television series. Job Connection is co-produced by CATV Channel Three, the State Employment Development Department and Comcast Cable. Assistant City Telephone Systems accepted the award. Administrator Coordinator, Fred Wilson and Bruce Hill, Telecommunications Division, COMMENDATION AQUINAS HIGH SCHOOL, SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. & SAN BERNARDINO COUNTY YOUTH ALLIANCE - FOURTH ANNUAL YOUTH-TO-YOUTH CONFERENCE (2B) Ernest Wilson, Affirmative Action Officer, Mayor's Office, read a resolution acknowledging the week of February 25, 1995, as the commencement of the fourth annual County Youth to Youth Conference to be held at Aquinas High School, and commended Aquinas High School, San Bernardino Community Against Drugs, Inc. and San Bernardino County Youth Alliance for their outstanding service to the community to ensure the existence of drug free youth. Kevin Wright, Project Coordinator, San Bernardino Community Against Drugs, Inc. (SBCAD), accepted the resolutions on behalf of San Bernardino Community Against Drugs, Inc. and Aquinas High School. SERVICE PIN AWARDS (2C) Ernest Wilson, Affirmative Action Officer, Mayor's Office, read the names of the following employees who received service pin awards in gratitude of their many years of dedicated service to the City: Name Department Years of Service Robert Simmons Creighton Nece Curtis Parker Darrell Hess Steven Shaw City Attorney Fire Fire Fire Fire 5 year pin 5 year pin 5 year pin 15 year pin 15 year pin 4 2/20/95 Name Department Years of Service Dennis Reichardt Mary Sharp Joyce Johnson Ernest Tull John Galbadon Bennie Jackson Robert Sepulveda, Jr. Fire Police Police Police Public Services Public Services Public Works/Engineering 25 year pin 10 year pin 15 year pin 25 year pin 25 year pin 35 year pin 5 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3) Council Member Oberhelman noted the passing of the following individuals and acknowledged their dedicated service to the community: C. L. Vineyard, John W. Kennedy, Sr., and Jeri Rankins. PUBLIC COMMENTS - DENNIS REICHARDT (4) Dennis Reichardt, Acting Battalion Chief, Fire Department, 3725 Canyon Terrace Drive, San Bernardino, CA, thanked the citizens and the Mayor and Council for the opportunity to serve the City within the City'S Fire Department. PUBLIC COMMENTS - ROBERT REGO (4A) Robert Rego, 853 #A, Lynwood, San Bernardino, CA, expressed discontent that the City Clerk and Mayor had decided not to appeal Judge Kennedy's decision concerning the First Ward recall efforts. PUBLIC COMMENTS - RUBEN LOPEZ (4B) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, expressed concern regarding the campaign contributions received by the minority council members. PUBLIC COMMENTS - MELVIN GEORGE (4C) Melvin George, 1307 North "K" Street, San Bernardino, CA, stated that he had submitted a letter to Council Member Negrete concerning a request he had made of the City Clerk last year to issue a mandatory press release relative to ballot measures. However, in the absence of Council Member Negrete, Mr. George chose to forego his speaking time. PUBLIC COMMENTS - BOB NELSON (4D) Bob Nelson, SR-11 Rue Ranch, Summit, CA, voiced opposition to the actions taken by the legislative body to prohibit the freedom of speech and submitted a document to the Mayor and Council reiterating such. 5 2/20/95 PUBLIC COMMENTS - TERRY MOLL (4E) Terry Moll, 6705 North Steven Way, San Bernardino, CA, expressed disapproval of the actions taken by the four minority council members in the recent anti-recall campaign and recommended that an initiative be introduced concerning campaign contributions and term limits. PUBLIC COMMENTS - JOHN STEVENS (4F) John Stevens, 4097 North Pershing Avenue, San Bernardino, CA, voiced discontent that Council Members Negrete and Oberhelman were not present at the last Legislative Review Committee scheduled to hear the matter on radioactive materials at the former Norton Air Force Base. COUNCIL MEMBER At 9: 40 a. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PUBLIC COMMENTS - TONIE BROWN (4G) Tonie Suite 206, production Brown, Tonie Brown Productions, 255 North "D" Street, San Bernardino, CA, opposed the cancellation of her which was to be held at Sturges Auditorium. PUBLIC COMMENTS - MELVENA MITCHELL (4H) Melvena Mitchell, 550 Sycamore Circle, San Bernardino, CA, opposed the actions taken by the Parks, Recreation and Community Services Department in the cancellation of Tonie Brown's production. PUBLIC COMMENTS - JEFF WRIGHT (41) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed discontent towards the actions taken by the Mayor and Council to limit the time allotted for public comments on items on the agenda. PUBLIC COMMENTS - DONNA CONANT (4J) Donna Conant, 1200 Hill Drive, San Bernardino, Cajon High School will be recognizing April International Togetherness (IT) Day. CA, stated that 30, 1995, as ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED At 9:54 a.m., Fred Wilson, Assistant City Administrator, left the Council meeting and was replaced by City Administrator Shauna Clark. 6 2/20/95 PUBLIC COMMENTS - JORGE AMADOR (4K) Jorge Amador, 1227 Huff Street #1, San Bernardino, CA, expressed support for International Togetherness Day (April 30, 1995) . ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin expressed concern regarding the restaurants who are not in compliance with the City's no-smoking ordinance. PUBLIC HEARING VERDEMONT AREA INFRASTRUCTURE FEE REDUCTION - $7,699 TO $1,500 ANNUALLY (19) This is the time and place set for a public hearing to consider the reduction of the Verdemont Area Infrastructure Fee. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 19, 1995, concerning the proposed reduction of the Verdemont Area Infrastructure Fee. Mayor Minor opened the hearing. Fred Wilson, Assistant City Administrator, explained that staff is recommending that the Verdemont Area Infrastructure Fee be reduced from $7,699 to $1,500 annually and answered questions regarding the proposed fee reduction. Roger Hardgrave, Director of answered questions concerning the Verdemont Area Infrastructure Fee. Public Works/City Engineer, proposed reduction of the Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the immense decrease proposed for the Verdemont Area Infrastructure Fee. COUNCIL MEMBER At 10:12 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council RES. 95-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING SECTION 1 OF RESOLUTION 90-2, RELATING TO THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT- OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS WITHIN THE VERDEMONT AREA, AND ADOPTING THE THIRD AMENDMENT TO THE ENGINEER'S REPORT. (19) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. 7 2/20/95 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:14 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Devlin made a motion, seconded by Council Member Miller, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-40 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. MANAGEMENT AUDIT REPORT ASSOCIATES FIRE DEPARTMENT ALMONT (20) Peggy Ducey, Assistant to the City Administrator, submitted a Staff Report dated February 13, 1995, concerning the results of the management audit of the Fire Department. Members of the San Bernardino City submitted a letter dated February 20, management audit of the Fire Department. Management Association 1995, concerning the Peggy Ducey, Assistant to the City Administrator, provided a synopsis of the action taken relative to the management audit of the Fire Department. Jim sparr, President, Almont Associates, P. O. Box 338, Almont, CO, explained the audit process and answered questions regarding the performance and recommendations of the audit. Shauna Clark, City Administrator, answered questions regarding the proposed six-month suspension of the closure of Fire Station 10 and the process and recommendations of the audit. City Attorney Penman cautioned the legislative body in their decision making because the decision they make will ultimately affect the services provided to the residents of the City. He advised the Mayor and Council that a meet and confer would have to take place on all of the recommended motions with the exception of Motion No. One. Council Member Devlin made a motion that the management audit of the San Bernardino Fire Department, conducted by Almont Associates, be received and filed; and that the City Administrator be directed to oversee the implementation of the report's remaining recommendations. The motion failed for lack of a second. 8 2/20/95 A discussion was held regarding the recommendations contained in the management audit of the Fire Department. Assistant to the City Administrator Ducey answered questions regarding the annual budget and services provided by the Fire Department. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the City not go forward with the closure of Fire Station No. 10, and that the matter be continued to March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow City Attorney Penman time to identify those items which require a meet and confer session. Council Member Miller withdrew her second. The motion failed for lack of a second. Mr. Sparr answered questions regarding whether or not future development was considered in determining the closure of Fire station No. 10. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to May 15, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that staff be directed to return with a progress report. AMBULANCE TRANSPORT - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER OBERHELMAN (21) Council Member Oberhelman submitted a Staff Report and facsimile dated February 13 and 16, 1995, respectively, concerning ambulance transport. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RES. 95-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR REORGANIZATION OF THE TERRITORY LOCATED GENERALLY SOUTHWEST OF THE I-215 FREEWAY, SOUTHEAST OF THE I-15 FREEWAY TO INCLUDE ANNEXATION OF THE TERRITORY TO THE CITY OF SAN BERNARDINO, ANNEXATION OF CERTAIN PORTIONS THEREOF TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENT OF CERTAIN PORTIONS THEREOF FROM CENTRAL VALLEY FIRE DISTRICT. (24) City Administrator Shauna the proposed annexation of southwest of the I-215 freeway Clark the and answered questions regarding territory located generally southeast of the I-15 freeway. 9 2/20/95 Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the infrastructure already in place within the area to be annexed. It was noted that a petition had been filed which necessitated the need for the adoption of said resolution. The following individuals expressed opposition to the proposed annexation: Terry Ferguson, 19924 N. Kendall Drive, San Bernardino, CA. Elizabeth Groggin, 18970 Cajon Boulevard, San Bernardino, CA. Robert Zerito. Jeff wright, P. O. Box 2341, San Bernardino, CA. Council Member Oberhelman made a motion, seconded by Council Member Miller, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-41 was adopted by the following vote: Ayes: Council Members Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: Council Members Curlin, Hernandez. Absent: Council Member Negrete. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RAISING THE MINIMUM VALUE OF CITY PROPERTY TO BE SOLD PURSUANT TO COMPETITIVE BID AND PROVIDING THAT SALES TO PUBLIC AGENCIES WOULD NOT REQUIRE COMPETITIVE BID. (Continued from January 9, 1995) (22) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATED HARASSMENT/SEXUAL HARASSMENT POLICY FOR SAID CITY, AND REPEALING RESOLUTION NOS. 81-641 AND 91-330. (Continued from February 6, 1995) (23) Council Member Oberhelman made a motion, seconded Member Miller, and unanimously carried, that the continued to March 6, 1995, in the Council Chambers of 300 North "Dn Street, San Bernardino, California. by Council matter be City Hall, CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9 - CALIFORNIA GOVERNMENT CODE - DISCUSSED LATER IN THE MEETING - SEE PAGES 15 & 16 (Sl) 10 2/20/95 Council Member Hernandez made a motion, seconded by Council Member Curlin, that the matter be continued to March 6, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, subject to Mr. Simitian's availability. The motion failed by Members Curlin, Hernandez, Oberhelman, Devlin, Miller. the following vote: Ayes: Council Pope - Ludlam. Nays: Council Members Absent: Council Member Negrete. It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. RES. 95-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PERMIT TO ENTER ACROSS CITY MAINTAINED REAL PROPERTY TO THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A YARD LEAD TRACK GENERALLY LOCATED NORTH OF 5TH STREET, WEST OF THE 1-215 FREEWAY. (S4) Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the possible liability to the City. A discussion ensued concerning possible liability to the City. Director of Public Works/City Engineer Roger Hardgrave answered questions regarding ownership of the property. John Stevens, 4097 Pershing Avenue, San Bernardino, CA, expressed concern regarding the transport of radioactive materials. Council Member Oberhelman made a motion, seconded by Council Member Miller, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-42 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RECESS MEETING At 12:00 p.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: 04 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. 11 2/20/95 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tern Curlin; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller, Deputy City Attorney Empeno, City Clerk Rachel Clark, Planning & Building Services Director Boughey. Absent: Council Members Negrete, Pope-Ludlam. PUBLIC HEARING TENTATIVE PARCEL MAP NO. DEVELOPMENT PERMIT TYPE II NO. 94-19 - BALLY'S HEALTH SPA - HOSPITALITY LANE & CARNEGIE DRIVE 14712 HOLIDAY (32) This is the time and place set for a public hearing to consider the adoption of the negative declaration and the approval of Parcel Map No. 14712 and Development Permit Type II No. 94-19 for the construction of a Bally's Holiday Health Spa. Al Boughey, submitted a Staff construction of a Director of Planning & Building Services, Report dated February 20, 1995, concerning the Bally's Holiday Health Spa. Mayor Pro Tern Curlin opened the hearing. Director Boughey provided a synopsis of the action taken relative to Tentative Tract No. 14712 and Development Permit Type II No. 94-19 for the construction of a Bally's Holiday Health Spa. Elliott Shaw, Integra Engineering, Inc., 621 E. Carnegie Drive, San Bernardino, CA, answered questions regarding the services to be provided by Bally's Holiday Health Spa. MAYOR MINOR RETURNED At 2:07 p.m., Mayor Minor returned to the Council meeting and took his place at the council table. Council Member Miller made a motion that the hearing be closed. The motion failed for lack of a second. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed support for the construction of the Bally's Holiday Health Spa. COUNCIL MEMBER At 2: 09 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Hernandez made a motion, Member Oberhelman, and unanimously carried, closed. seconded by Council that the hearing be 12 2/20/95 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the negative declaration be adopted, and that Tentative Parcel Map No. 14712 and Development Permit Type II No. 94-19 be approved. The motion carried by the following vote: Ayes: Council Members Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Curlin. Absent: Council Member Negrete. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:16 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:16 p.m., Planning & Building Services Director Boughey left the Council meeting and was replaced by City Administrator shauna Clark. RES. 95-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE NORTH/SOUTH AND EAST/WEST ALLEY LOCATED BETWEEN ARROWHEAD AVENUE AND PERSHING AVENUE, NORTH OF 29TH STREET, AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (25) Council Member Oberhelman made a motion, seconded by Council Member Miller, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-43 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RES. 95-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT WITH ROBERT AND CAROL DOEMNER FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THEIR BUSINESS PROPERTY LOCATED AT 3939 "H" STREET. (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-44 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Negrete. 13 2/20/95 RES. 95-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR CONSTRUCTION OF A BRIDGE CULVERT AND OTHER IMPROVEMENTS, ACROSS A PORTION OF THE DEVIL CREEK DIVERSION CHANNEL AT "H" STREET. (27) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-45 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. NORTHWEST INTERCEPTOR SEWER - "I" STREET STORM PHASE ONE INSTALLATION APPROVE PLAN NO. AUTHORIZE ADVERTISEMENT FOR BIDS DRAIN - 9169 (28) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 9, 1995, concerning the approval and authorization to advertise for bids for phase one installation of the northwest interceptor sewer and n I" Street storm drain. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if there were any contaminants within the storm and sewer lines. Director Hardgrave answered questions regarding the storm drain and sewer alignment. Bob Brendza, been completed and and sewer lines. Santa Fe Railway, explained that studies have there is no contamination within the storm drain Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Plan No. 9169 be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. FISCAL YEAR 1994/95 - MID-YEAR BUDGET REPORT (29) Barbara Pachon, Director of Finance, submitted a dated February 14, 1995, concerning the fiscal year year budget report. Staff Report 1994/95 mid- Fred Wilson, Assistant memorandum dated February 16, fiscal year 1995/96. city Administrator, submitted a 1995, concerning the projections for 14 2/20/95 Barbara Pachon, Director of Finance, provided a synopsis of the mid-year budget report, the anticipated fund balances for fiscal year 1994/95 and answered questions relative to such. Fred Wilson, Assistant City Administrator, provided a synopsis of the fiscal year 1995/96 projections and answered questions regarding the effect the County of San Bernardino's budget would have on the City's budget. A discussion was held regarding the ability to meet the projected $2,463,000 shortfall for fiscal year 1995/96. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the Fiscalini field (Parks, Recreation & Community services Department) line item budget and the City's investment policy. City Administrator Shauna Clark explained that there is a net cost for the Fiscalini field because the costs for maintenance are higher than revenue and answered questions regarding the City's investment policy. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the fiscal year 1994/95 mid-year budget report be received and filed. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 1995, UNIFORM DISTRICT ELECTION LAW (UDEL) ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (30) Council Member Oberhelman made a motion, seconded Member Miller, and unanimously carried, that the continued to April 3, 1995, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.010 AND SECTION 2.56.150 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DATES OF ELECTIONS. First (31) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of the ordinance be waived and that it be laid over for final adoption. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9 - CALIFORNIA GOVERNMENT CODE - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 10 (Sl) 15 2/20/95 This is the time and place continued from earlier in the meeting to consider going into closed session for significant exposure to litigation. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to 10:00 a.m., March 6, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by Members Curlin, Hernandez, Council Member Oberhelman. the following vote: Ayes: Council Devlin, Pope-Ludlam, Miller. Nays: Absent: Council Member Negrete. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS WITH REGARD TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST CITY ATTORNEY JAMES PENMAN AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO, INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR. (S2) NOTE: The resolution was not distributed with the backup, therefore, will not be available for reference. Council Member Hernandez made a motion, seconded Member Curlin, that the matter be continued to March the Council Chambers of City Hall, 300 North "D" Bernardino, California. by Council 6, 1995, in Street, San The motion carried by Members Curlin, Hernandez, Members Oberhelman, Devlin. the following vote: Ayes: Council Pope-Ludlam, Miller. Nays: Council Absent: Council Member Negrete. RES. 95-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH J. BAKER, INC. DBA CASUAL MALE RELATING TO ENCROACHMENT OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY OF "H" STREET AT 798 WEST INLAND CENTER DRIVE, AND RESCINDING RESOLUTION NO. 94-364. (S3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that further reading of the resolution be waived and that said resolution be adopted. The motion carried and Resolution No. 95-46 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RENTAL HOUSING CERTIFICATION PROGRAM - DELETE BUILDING INSPECTION SUPERVISOR POSITION - ESTABLISH INSPECTION SERVICES SUPERVISOR - 12-MONTH PERIOD (SA) 16 2/20/95 Barbara Dillon, Director of Personnel, submitted a Staff Report dated February 9, 1995, concerning positions within the Rental Housing Certification Program. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the position of Building Inspection Supervisor, Range 2420, $3,606-$4,383 per month, be deleted, that the position of Inspection Services Supervisor, Range 2440, $3,984- $4,843 per month, be established and funded for a period of 12 months, and that the Personnel Department be directed to update Resolution 6413, Section Eleven, to reflect this action. The motion carried by Members Curlin, Hernandez, Council Member Pope-Ludlam. the following vote: Ayes: Council Oberhelman, Devlin, Miller. Nays: Absent: Council Member Negrete. CRIME FREE RENTAL HOUSING PROJECT - ESTABLISH ONE FULL- TIME PROJECT COORDINATOR POSITION & ONE PART-TIME TYPIST CLERK III POSITION - 12-MONTH PERIOD (SB) Barbara Dillon, Director of Personnel, submitted a Staff Report dated February 9, 1995, concerning positions within the Crime Free Rental Housing Project. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the following positions be established and funded for a period of twelve (12) months from the date of hire: Project Coordinator, Range 2410, $3,431-$4,170 per month, one (1) full-time position; Typist Clerk III, Range 1267, $1,681-$2,044 per month, one (1) part-time position, and that the Personnel Department be directed to update Resolution 6413, Sections Ten and Eleven, to reflect this action. The motion carried by Members Curlin, Hernandez, Council Member Pope-Ludlam. the following vote: Ayes: Council Oberhelman, Devlin, Miller. Nays: Absent: Council Member Negrete. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agenda be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Miller, 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: November 21, 1994, December 19, 1994 and January 30, 1995. 17 2/20/95 RES. 95-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES, (BUILDING ABATEMENTS) (8) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-47 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RES. 95-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH MASTER-SORT, INCORPORATED, FOR PRESORT MAIL SERVICES. (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-48 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RES. 95-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF WINTER STORMS IN JANUARY 1995. (10) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-49 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RES. 95-50 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (11) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-50 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. 18 2/20/95 RES. 95-51 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING A NEW ALTERNATE DELEGATE TO THE SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE. (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-51 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. WATER, SEWER & GEOTHERMAL FUNDS - 1993/94 ANNUAL AUDIT - WATER DEPARTMENT (13) Cheryl Flowers, Assistant General Manager, Water Department, submitted a Staff Report dated February 2, 1995, concerning the fiscal year 1993/94 annual audit of the Water Department's water, sewer and geothermal funds. Council Member Devlin made a motion, seconded by Council Member Miller, that the Water Department 1993/94 water, sewer and geothermal funds annual audit, be received and filed. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion that the matter be continued to March 6, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. A discussion was held obligation and the authority of Department. regarding the unfunded pension the legislative body over the Water Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to March 6, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLAIMS AND PAYROLL (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated February 13, 1995, from the Director of Finance, be approved. 19 2/20/95 PERSONNEL ACTIONS (15) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 8, 1995, 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. CLEAN SEWER SIPHONS, LINES, CATCH BASINS & CULVERTS - VARIOUS LOCATIONS - APPROVE PLAN NO. EXPENDITURE - AUTHORIZE ADVERTISEMENT FOR BIDS PARKWAY 9243 & (16) Roger Hardgrave, Director of Public submitted a staff Report dated February 6, approval of expenditure and Plan No. 9243 for siphons, lines, catch basins and parkway locations within the City. Works/City Engineer, 1995, concerning the the cleaning of sewer culverts at various Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the expenditure of $16,000 from Account No. 132-000-3405, "Fund Balance-Sewer Line Maintenance Fund", for cleaning sewer siphons and lines, catch basins and parkway culverts be approved, that Plan No. 9243, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. REHABILITATE SEWER MANHOLES - VARIOUS LOCATIONS - APPROVE PLAN NO. 9244 & EXPENDITURE - AUTHORIZE ADVERTISEMENT FOR BIDS (17) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 2, 1995, concerning the approval of expenditure and Plan No. 9244 for rehabilitation of sewer manholes at various locations within the City. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the expenditure of $190,000, from Account No. 132-000-3405, "Fund Balance-Sewer Line Maintenance Fund", for rehabilitation of sewer manholes, be approved, that plan No. 9244, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALL STREET LIGHTS - VARIOUS LOCATIONS - APPROVE PLAN NO. 9245 - AUTHORIZE ADVERTISEMENT FOR BIDS (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 6, 1995, concerning the approval of Plan No. 9245 and authorization to advertise for bids for installation of street lights at various locations within the City. 20 2/20/95 the the Concern was expressed relative to the money received Street Light/Street Sweeping Assessment District No. means of selecting the location of the street through 994 and lights. Roger Hardgrave, Director of answered questions regarding the street lights. Public location Works/City Engineer, and installation of Council Member Miller made a motion, seconded by Council Member Hernandez, that Plan No. 9245, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by Members Curlin, Hernandez, Council Member Oberhelman. the following vote: Ayes: Council Devlin, Pope-Ludlam, Miller. Nays: Absent: Council Member Negrete. RECESS MEETING At 3:29 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:34 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Senior Assistant City Attorney Barlow, Economic Development Agency Counsel Timothy Sabo, City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Negrete. COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 3:34 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission and Joint Powers Financing Authority to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1) Council Member Oberhelman made a motion, Member Curlin, and unanimously carried, that resolutions and ordinances on the regular and be waived. seconded by Council full reading of the supplemental agenda 21 2/20/95 RES. 95-52 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXECUTION AND FILING OF APPLICATION WITH UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, FOR FEDERAL ASSISTANCE ON CAJON INTERCEPT SEWER. (R6) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 95-52 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. RES. J-23 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY ESTABLISHING THE DATE AND TIME TO HOLD REGULAR MEETINGS; APPOINTING THE SECRETARY OF THE JOINT POWERS FINANCING AUTHORITY, APPOINTING LEGAL COUNSEL TO THE JOINT POWERS FINANCING AUTHORITY AND ADOPTING A CONFLICT OF INTEREST CODE. (R8) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. J-23 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Negrete. COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At this time, the Mayor and Common Council acting as the Community Development Commission, took action on Community Development Commission items. ADJOURNMENT (33) At 5:36 p.m., the regular meeting adjourned. The next regular meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, March 6, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~ V~ .-2~ Ij -V-o ~ Sanna Cordova eputy Clty Clerk No. of Items: 40 No. of Hours: 7.5 22 2/20/95