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HomeMy WebLinkAbout03-06-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 6, 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 8:03 a.m., Monday, March 6, 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 Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. RECESS MEETING - CLOSED SESSION At 8: 03 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1 &: Sl) Community for the 1. Pursuant to Government Code Sections: (A) Pursuant to Government Code Section 54957.6 - conference with labor negotiator: Aqency Neqotiator Shauna Clark, City Administrator Employee Orqanizations: San Bernardino Police Officers Association (SBPOA), San Bernardino/Rialto Fire Fighters Local 891; San Bernardino City Employees Association (SBCEA) General Employees Bargaining Unit, San Bernardino City Employees Association (SBCEA) Middle Management Employees Bargaining Unit; San Bernardino City Management Association (SBCMA) (B) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): McCrary vs. Citv of San Bernardino Superior Court Case No. SCV 18049, San Bernardino 1 3/6/95 EDA vs. Georoe Aquilar (and Cross Complaint) San Bernardino Superior Court Case No. 274061, Kenneth J. Henderson, et al. vs. Economic Development Aoency. et al. - San Bernardino Superior Court Case No. SCV 16489. Countv of San Bernardino vs. City of San Bernardino - Fourth District Court of Appeals Case No. E012673, Riverside Superior Court Case No. 268390; County of san Bernardino vs. City of Colton - Riverside Superior Court Case No. 242968, Juanita Scott, Ph.d., et al. vs. Common Council of the City of San Bernardino - Fourth District Court of Appeals Case No. E015306, San Bernardino County Superior Court Case No. SCV 13711. (C) Conference with legal counsel - anticipated litigation. significant subdivision one) . exposure to litigation pursuant to (b) of Section 54956.9 (Number of cases: CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller, City Attorney Penman. Also present: Senior Assistant City Attorney Morillo and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, and Personnel Director Dillon. CITY ATTORNEY PENMAN ARRIVED At 8:07 a.m., City Attorney Penman arrived at the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVED At 8:08 a.m., Deputy City Attorney Roth arrived at the closed session. CITY ATTORNEY PENMAN EXCUSED At 8:14 a.m., City Attorney Penman left the closed session. 2 3/6/95 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel 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. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR TIMOTHY STEINHAUS & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL TIMOTHY SABO & CHARLES GREEN ARRIVED At 8:25 a.m., Economic Development Agency Administrator Timothy Steinhaus and Economic Development Agency Legal Counsel Timothy sabo and Charles Green of Sabo and Green, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA, arrived at the closed session. DEPUTY CITY ATTORNEY ROTH & PERSONNEL DIRECTOR DILLON EXCUSED At 8:25 a.m., Deputy City Attorney Roth and Personnel Director Dillon left the closed session. CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY MORILLO, ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN, ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & ATTORNEY TIMOTHY SABO EXCUSED At 8: 30 a. m., City Attorney Penman, Senior Assistant City Attorney Morillo, Administrative Operations Supervisor scroggin, Economic Development Agency Administrator Steinhaus, and Attorney Timothy Sabo, legal counsel to the Economic Development Agency, left the closed session. ADJOURN CLOSED SESSION At 8:43 a.m., the closed session Council Chambers of City Hall, Bernardino, California. recessed to 9:00 a.m., in the 300 North "D" Street, San RECONVENE MEETING At 9:06 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. INVOCATION The invocation Bernardino Christian was given Centre. by Pastor Philip Powell, San 3 3/6/95 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. APPOINTMENTS COUNCIL MEMBERS NEGRETE, CURLIN, HERNANDEZ, OBERHELMAN, DEVLIN, MILLER (2A-B-C-D) In Staff Reports dated February 22 & 23, 1995, and March 1, 1995, Mayor Minor requested, on behalf of the Council Members, that the following appointments be approved: Council Member Negrete Blue Ribbon Commission - Mayor & Council Salary Study - B. Gilbert Lara, Jr. Bureau of Franchises - Alfredo P. Enciso Council Member Curlin Blue Ribbon Commission - Mayor & Council salary Study - Salvatore "Sam" Catalano Council Member Hernandez Blue Ribbon Commission - Mayor & Council Salary Study - Susan Feller Council Member Oberhelman Blue Ribbon Commission - Mayor and Council Salary Study - Steven A. Becker Community Development Citizens Advisory Committee - Michael Maudsley Council Member Devlin Blue Ribbon Commission - Mayor & Council Salary Study - Richard W. Abraham Council Member Miller Blue Ribbon Commission - Mayor & Council salary Study - Evlyn Wilcox Senior Affairs Commission - Dorris Ryder Ballard Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments requested by Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, and Miller, be approved. 4 3/6/95 NOTE: In a Staff Report dated February 23, 1995, Mayor Minor requested, on behalf of Council Member Pope-Ludlam, the appointment of H. Norman Johnson, Jr. to the Blue Ribbon Commission, however, Mr. Johnson asked that his name be withdrawn from consideration. PROCLAMATION - THEATER IN OUR SCHOOLS MONTH - MARCH 1995 (2E) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring March 1995 as Theater in Our Schools Month. Karen Craig, Principal, Bonnie Friedman, Theater Director, Elizabeth seitz, Choir Director; and students, Marty Brown and Ise Wilson, accepted the proclamation on behalf of San Bernardino High School. PROCLAMATION WOMEN'S HISTORY MONTH ACHIEVEMENT COMMITTEE - MARCH 1995 WOMEN OF (2F) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring March 1995 as Women's History Month. Sophie Arias, Mayor's Office, and Donna Ward, Planning and Building Services Department, Co-Chairs of the Women of Achievement Committee, accepted the proclamation 011 behalf of the Committee. CLOSED SESSION ACTION (lA) Council Member Hernandez announced and reaffirmed in open session that the following action had been taken in closed session regarding the budget deficit. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the Personnel Director be instructed to meet with employee bargaining units to discuss the following: 1) mandatory furloughs; 2) rollback on what City pays to the Public Employees' Retirement System, 3) two- tier retirement system, 4) elimination of City-paid life insurance benefits, 5) potential layoffs, and 6) voluntary early separation program. PUBLIC COMMENTS - ANN DAVIS-SCHULTZ (4) Ann Davis-Schultz, Coordinator of Grant Funded Programs, Redlands Unified School District, P.O. Box 3008, Redlands, CA, invited the Mayor, Council, and members of the community to attend the grand opening ceremonies for Victoria Elementary Healthy Start Family Resource Center on Thursday, April 6, 1995, from 10:00 a.m. to 4:00 p.m., 1505 Richardson Street, San Bernardino, California. 5 3/6/95 PUBLIC COMMENTS - KEVIN WELLINGTON (4A) Keyin Wellington, asked that the police schools. 3544 N. Garden Drive, San Bernardino, CA, enforce the slower speed limits around PUBLIC COMMENTS - RUBEN LOPEZ (4B) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, spoke in opposition to moving the San Manuel Indian Casino to the downtown area. PUBLIC COMMENTS - EUNICE THOMPSON (4C) Eunice Thompson, 2116 Roca, San Bernardino, CA, spoke about the criminal activity in the area of 2116 Roca and suggested replacing the security guard with regular police patrols. PUBLIC COMMENTS - GEORGE BEAUREGARD (4D) George Beauregard, a resident of the Fifth Ward, suggested that the City close down the Checkmate Apartments on Miramonte Drive due to the heavy traffic and high number of disturbances. PUBLIC COMMENTS - KAY WACHUKU (4E) Kay Wachuku, 1319 Oakwood Drive, San Bernardino, CA, requested that the Checkmate Apartments located at 2894 N. Miramonte Drive be shut down due to illegal drug activities, gunshots, petty theft, and other ongoing disturbances. PUBLIC COMMENTS - KEITH THOMPSON (4F) Kei th Thompson spoke on the undesirable Arden-Guthrie area and questioned whether they have this area closed down. condition of the could petition to PUBLIC COMMENTS - JOHN STEVENS (4G) John Stevens, 4097 Pershing addressed the issue of free speech, minorities and the poor. Avenue, San Bernardino, CA, particularly as it relates to PUBLIC COMMENTS - JEFF WRIGHT (4H) Jeff Wright, regarding the time public meetings and P.O. Box 2341, San Bernardino, CA, spoke limits which have been set for speakers at whether these limits conform to the Brown Act. 6 3/6/95 PUBLIC COMMENTS - BOB NELSON (4I) Bob Nelson, SR-l1, Summit, CA, stated that the Brown Act guarantees the public the right to comment on any subject or item considered by the legislative body. RECESS MEETING At 9:56 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:03 a.m., Mayor Minor reconvened the meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clerk. Absent: Council Members Curlin, Miller. PUBLIC HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION 1804 (1870) STATE STREET JOAN AND JOHN MONGIELLO - CONTINUED FROM FEBRUARY 6, 1995 - DISCUSSED LATER IN THE MEETING - SEE PAGES 9 & 10 (16) This is the time and place continued to for a public hearing to consider an appeal filed by Joan and John Mongiello concerning the Board of Building Commissioners decision regarding 1804 (1870) State Street. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated February 27, 1995, relatiye to the Board of Building Commissioners decision regarding 1804 (1870) State Street and the subsequent appeal filed by John and Joan Mongiello. Mayor Minor opened the public hearing. Joan Mongiello, 1804 State Street, San Bernardino, CA, questioned why the building on this property had to be removed. City Attorney Penman requested that the matter be discussed in closed session. It was the consensus of the Mayor and Council that the matter be discussed in closed session. 7 3/6/95 RECESS MEETING - CLOSED SESSION (16 &: 1C) At 10: 09 a. m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: (C) Conference with legal counsel - anticipated litigation. Significant subdivision one) . exposure to (b) of Section litigation pursuant to 54956.9 (Number of cases: CLOSED SESSION At 10:09 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. Also present: Deputy City Attorney Rhemrev and Planning and Building Services Director Boughey. DEPUTY CITY ATTORNEY RHEMREV & PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 10:11 a.m., Deputy City Attorney Rhemrev and Planning and Building Services Director Boughey left the closed session. ADJOURN CLOSED SESSION At 10: 16 a. m" the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 10:16 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. 8 3/6/95 PUBLIC HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - 1804 (1870) STATE STREET JOAN AND JOHN MONGIELLO - CONTINUED FROM FEBRUARY 6, 1995 - DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGES 7 & 10 (16) This is the time and place continued from earlier in the meeting for a public hearing to consider an appeal filed by Joan and John Mongiello concerning the Board of Building Commissioners decision regarding 1804 (1870) State Street. City Attorney Penman stated that Mrs. Mongiello should have a reasonable amount of time to explain her appeal to the Mayor and Common Council as to why the decision of the Board of Building Commissioners should be overturned. Mr. and Mrs. Mongiello stated they still did not know the reason the building had to be demolished. Deputy City Attorney Rhemrev explained the purpose and scope of the Board of Building Commissioners decision regarding the property at 1804 (1870) State Street, noting that the commercial building is a nonconforming use inconsistent with the General Plan, with a history of illegal uses. Director Boughey stated that demolition permits had been issued to the Mongiellos, but there had been no significant evidence of anything being removed. COUNCIL MEMBER CURLIN RETURNED At 10:38 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Eddie Perez, 1875 N. State Street, San Bernardino, CA, spoke in favor of the demolition of the building and submitted a letter dated March 6, 1995, signed by himself and three other neighbors, supporting the action recommended by the Board of Building Commissioners. It was the consensus of the Mayor and Council that the matter be discussed in closed session. RECESS MEETING - CLOSED SESSION (l6 &: 1C) At 10:56 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: (C) Conference with legal counsel - anticipated litigation. 9 3/6/95 significant subdivision one) . exposure to (b) of Section litigation pursuant to 54956.9 (Number of cases: CLOSED SESSION At 10:56 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. Also present: Senior Assistant City Attorney Barlow. ADJOURN CLOSED SESSION At 10:59 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 10:59 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. PUBLIC HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - 1804 (1870) STATE STREET MONGIELLO - CONTINUED FROM FEBURARY 6, EARLIER IN THE MEETING - SEE PAGES 7 & JOAN 1995 - 9 AND JOHN DISCUSSED (16) This is the time and place continued from earlier in the meeting for a public hearing to consider an appeal filed by Joan and John Mongiello concerning the Board of Building Commissioners decision regarding 1804 (1870) State Street. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke regarding the handling of this case and advocated the formation of a citizens task force to address changes within the City. He asked that anyone interested write him at the address noted above. 10 3/6/95 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the hearing be closed, that the Mayor and Common Council affirm Board of Building Commissioners Order No. 2531 issued February 2, 1995, and the following previous orders issued: Order No. 1570 dated August 16, 1991, Order No. 1763 dated December 4, 1992, and Order No. 2160 dated July 23, 1994, and that the property owner obtain a demolition permit to demolish the substandard commercial carport and structures at 1804 (1870) State Street and complete all required work within thirty (30) days, failure to comply will result in the City obtaining an abatement/inspection warrant to enter and remove said structures, and all costs incurred will be billed to the property owner and if unpaid, will result in a lien against the property. The mot ion Members Negrete, None. Abstain: Miller. carried by the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Curlin. Absent: Council Member 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 THERETO, INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR. (Continued from February 20, 1995) (Discussed later in the meeting ) (See pages 12 &: 16) (17) It was the consensus of the Mayor and Council that the matter be discussed in closed session. RECESS MEETING - CLOSED SESSION (17 &: 1C) At 11:08 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: (C) Conference with legal counsel - anticipated litigation. Significant subdivision one) . exposure to (b) of Section litigation pursuant to 54956.9 (Number of cases: CLOSED SESSION At 11:08 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. 11 3/6/95 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Clerk Rachel Clark. Absent: Council Member Miller, City Attorney Penman, City Administrator shauna Clark. Also present: Attorney Joseph Simitian, Kay and Stevens, 490 California Avenue, Suite #400, Palo Alto, CA. ADJOURN CLOSED SESSION At 11:38 a.m" the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:38 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: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. 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 THERETO, INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR. (Continued from February 20, 1995) (Discussed earlier & later in the meeting) (See pages 11 &: 16) (17) 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 20, 1995) (Discussed later in the meeting) (See page 17) (18) Council Member Negrete made a motion, seconded by Council Member Hernandez, that further reading of the resolutions be waived; and that Item Nos. 17 and 18 be continued to later in the meeting. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Council Member Oberhelman. Absent: Council Member Miller. Council Nays: 12 3/6/95 DISCUSS & TAKE POSSIBLE ACTION - AMBULANCE SERVICE COUNCIL MEMBER POPE-LUDLAM DISCUSSED LATER IN THE MEETING - SEE PAGE 18 (S3A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.76.235 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SETTING OF AMBULANCE RATES. (Discussed later in the meeting) (See page 21) First (S3B) Council Member Pope-Ludlam submitted a Staff Report March 1, 1995, pertaining to discussion and possible relatiye to a City-operated ambulance service. dated action Council Member Hernandez made a motion, seconded by Council Member Curlin, that further reading of the ordinance be waived, and that Item Nos. S3A & S3B be continued to later in the meeting. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin. Absent: Council Member Miller. 1993/94 WATER, SEWER & GEOTHERMAL FUNDS - ANNUAL AUDIT - WATER DEPARTMENT - CONTINUED FROM FEBURARY 20, 1995 (19) This is the time and place continued to receive and file the 1993-94 annual audit of the Water Department's water, sewer and geothermal funds. CITY ATTORNEY PENMAN EXCUSED At 11:44 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. Discussion ensued regarding several items contained in the report including a note payable to Herbert Wessel, the pension benefit obligation shown in the report as $9,210,320, and the post- retirement health care benefits. CITY CLERK RACHEL CLARK EXCUSED At 11:51 a.m., City Clerk Rachel Clark left the meeting and was replaced by Deputy City Clerk Vale. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE GRANT DEED FOR THE SALE OF THAT CERTAIN PROPERTY LOCATED AT 1350 SOUTH "E" STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT. (20) 13 3/6/95 Council Member Negrete made a motion, seconded by Council Member Hernandez, that further reading of the resolution be waived, and that said resolution be adopted. (Note: There was no vote taken. ) SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 11:53 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. Discussion ensued on the advisability of releasing or giving away the City's water rights. DEPUTY CITY CLERK VALE EXCUSED At 11:54 a.m., Deputy City Clerk Vale left the meeting and was replaced by City Clerk Rachel Clark. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that further reading of the resolution be waived, and that the matter be continued to March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Oberhelman withdrew his second. The motion failed for lack of a second. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern that releasing the water rights might result in a plan to flush and dump industrial waste into the ocean and questioned whether this had anything to do with the brine level. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that further reading of the resolution be waived, and that the matter be continued to March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:00 p.m., Mayor Minor recessed the meeting until 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 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. 14 3/6/95 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Council Member Miller. INITIATE DEVELOPMENT STANDARDS - FENCING - - CITYWIDE CODE AMENDMENT - MODIFY SPECIFIED ALL RESIDENTIAL LAND USE DISTRICTS (30) Al Boughey, Director of Planning and Building submitted a Staff Report dated February 23, 1995, initiation of a Development Code Amendment to modify standards for fencing in residential land use districts Services, regarding specified citywide. Director Boughey stated that this item had been referred to the Legislative Review Committee at the request of Council Member Curlin and explained the changes recommended by the Committee. He added that Council was being asked to approve the matter in concept only, and that specific wording would be presented to the Council at a later date. Deputy City Attorney Empeno stated that the City Attorney's Office is aware of residents' concerns that the fencing regulations are currently overly restrictive and encouraged the Mayor and Council to approve the amendment to the Development Code. The following individuals spoke in support of the proposed development code amendment: John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA. Jeff Wright, P.O. Box 2341, San Bernardino, CA. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that Planning staff be directed to consider amending the Development Code for specific fencing standards relating to fence height, location and material prohibitions. The motion carried by the following yote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Council Member Pope-Ludlam. Absent: Council Member Miller Council Nays: INITIATE DEVELOPMENT CODE AMENDMENT - PERMIT BILLBOARDS - CITYWIDE (31) 15 3/6/95 Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated February 23, 1995, relative to initiation of a Development Code Amendment to permit billboards in the city. Council Member Pope-Ludlam made a motion, seconded Member Negrete, and unanimously carried, that the continued to March 20, 1995, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, DEPUTY CITY ATTORNEY EMPENO & PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:20 p.m., Deputy City Attorney Empeno and Planning and Building Services Director Boughey left the Council meeting and were replaced by City Attorney Penman and City Administrator Shauna Clark. 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 THERETO, INCLUDING DIRECTION TO CITY ATTORNEY PENMAN AND THE MAYOR. (Continued from February 20, 1995) (Discussed earlier in the meeting) (See pages 11 &: 12) (17) Attorney Joseph Simitian of Kay and Stevens, 490 California Avenue, Suite #400, Palo Alto, CA, provided a synopsis of the actions taken concerning the allegations of sexual harassment against City Attorney Penman and explained the purpose of said resolution. Discussion ensued regarding the allegations of sexual harassment against City Attorney Penman and the appropriate course of action. COUNCIL MEMBER MILLER ARRIVED At 3:21 p.m., Council Member Miller arrived at the Council meeting and took her place at the council table. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that City Attorney Penman, his staff, and all employees of the City be directed to participate in sexual harassment training. (Note: There was no vote taken.) Discussion continued regarding the appropriate action to be taken at this time. The following individuals expressed concern with the actions of the Council and the process used to resolve this issue: John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA. 16 3/6/95 Jeff Wright, P.O. Box 2341, San Bernardino, CA. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA. John Stevens, 4097 N. Pershing Avenue, San Bernardino, CA. Deputy City Attorney Roth, speaking from the podium, requested that this matter be concluded so that Mr. Penman's name could be cleared, and suggested that the way to do this would be to reject the recommendations in Mr. Simitian's report. Council Member Curlin made a motion, seconded by Council Member Hernandez, that further reading of the resolution be waived, and that said resolution be adopted. The motion failed by the following vote: Ayes: Members Curlin, Hernandez. Nays: Council Members Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: None. Council Negrete, There was no further action taken on this matter at this meeting. COUNCIL MEMBER MILLER EXCUSED At 4:03 p.m., Council Member Miller left the Council meeting. 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 20, 1995) (Discussed earlier in the meeting) (See page 12) (18) Council Member Pope-Ludlam made a motion, seconded by Member Negrete, that further reading of the resolution be and that the matter be referred to the Legislative Committee. Council waived, Review The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Miller. RECESS MEETING At 4:09 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:17 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. 17 3/6/95 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller; City Attorney Penman. DISCUSS & TAKE POSSIBLE ACTION - CITY-OPERATED AMBULANCE SERVICE - COUNCIL MEMBER POPE-LUDLAM - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13 (S3A) This is the time and place cont lnued from earlier in the meeting for discussion and possible action relative to a City- operated ambulance service. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the matter be continued until budget hearings have been completed. Council Member Negrete withdrew his second. The motion failed for lack of a second. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council determine that it is not in the best interests of the operate its own ambulance services, and that this is not and shall not affect the operation of the City's paramedic (Note: There was no vote taken.) find and City to meant to service. Discussion relative to the service and the ensued regarding implementation of a appropriate action the previous actions taken City-owned emergency transport to be taken at this time. CITY ATTORNEY At 4 :23 p.m., meeting. PENMAN RETURNED City Attorney Penman returned to the Council Council Member Devlin made a substitute motion, seconded by Council Member Oberhelman, that the matter be tabled. The Council Negrete, Miller. substitute motion failed by the following vote: Ayes: Members Oberhelman, Devlin. Nays: Council Members Curlin, Hernandez, Pope-Ludlam. Absent: Council Member Council Member Curlin made a motion, seconded by Council Member Pope-Ludlum, that the Mayor and Common Council find and determine that it is not in the best interests of the City to operate its own ambulance services, and that this is not meant to and shall not affect the operation of the City's paramedic service. (Note: There was no vote taken.) 18 3/6/95 council Member Devlin made a substitute motion that the matter be continued to June 5, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. Discussion continued regarding the expenses associated with an emergency transport service, especially in light of the City's current economic condition; and whether any action should be taken prior to a pending decision by the appellate court relating to the emergency transport business. Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned the promotion of this item by certain members of Council, as they had voted two weeks earlier to table the matter. The following individuals requested that action on this matter be delayed until a decision has been rendered by the appellate court: Skip Kulikoff, a 21-year veteran of the San Bernardino Fire Department and an employee representative of the San Bernardino/ Rialto Fire Fighters Local 891, 371 W. 14th Street, San Bernardino, CA. Richard Lewis, 5328 Park Lane, San Bernardino, CA. Karl Kolodzik, 371 W. 14th Street, San Bernardino, CA. Ruben Lopez, 631 W. 16th Street, San Bernardino, CA. Bobby Oquendo, 3094 N. Central, San Bernardino, CA. Dennis Reichardt, 3725 Canyon Terrace Drive, San Bernardino, CA. City Attorney Penman clarified the legal facts surrounding the two pending lawsuits associated with the emergency-medical transport service. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council find and determine that it is not in the best interests of the City to operate its own ambulance services, and that this is not meant to and shall not affect the operation of the City's paramedic service. (Note: There was no vote taken.) Steve Rice, President and Chief Executive Officer of Courtesy Ambulance, 388 W. 7th Street, San Bernardino, CA, stated it has been five years that the City has been contemplating a City-owned ambulance service, which makes it very difficult to plan and run his business. 19 3/6/95 Discussion ensued relative to the Council taking action that is contrary to previous actions they have taken without any documentation or new facts that would warrant a reversal of the past decision. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, stated that the Council had not given any reason for determining that it was not in the best interests of the City to operate its own ambulance service. City Administrator Shauna Clark stated that if the objective of this action was to give a vote of confidence to Courtesy Ambulance, she would suggest an operating agreement. Council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, that the City Council direct the City Administrator, in cooperation with Courtesy Ambulance and the City Attorney, to construct a tentative operating agreement for submission and approval by the City Council, to be done within 60 days. (Note: There was no vote taken.) Discussion ensued relative to the differences between an operating agreement and a franchise agreement. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the matter be continued until the Fire Department audit report has been fully reviewed by the City Administrator and preliminary budget hearings have been held. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin. Nays: Council Members Curlin, Pope-Ludlam. Absent: Council Member Miller. RECESS MEETING At 5:47 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 5:56 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 Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. 20 3/6/95 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.76.235 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SETTING OF AMBULANCE RATES. (Discussed earlier in the meeting) (See page 13) First (S3B) Steve Rice, President and Chief Executive Officer of Courtesy Ambulance, 338 West 7th Street, San Bernardino, CA, spoke regarding the average rates currently charged by Courtesy, the average rates charged by the County, and the fact that he has not recapitalized the company (vehicle replacement program) in over three years. Discussion ensued regarding ambulance health care economics, the fact that the City has a Franchise Bureau to review and recommend rate changes, and the need for additional information to enable the Council to make an informed decision. CITY ATTORNEY PENMAN EXCUSED At 6:11 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that further reading of the ordinance be waived; and that the matter of an ambulance rate increase be referred to the Franchise Bureau. (Note: There was no vote taken, and the motion was subsequently amended.) The following individuals spoke in favor of the City maintaining control of ambulance rates: Karl Kolodzik, President of San Bernardino/Rialto Fire Fighters Local 891, 371 W. 14th Street, San Bernardino, CA. Richard Lewis, 5328 Park Lane, San Bernardino, CA. Skip Kulikoff, 21-year veteran of the Fire Department and an employee representative for the San Bernardino/Rialto Fire Fighters Local 891, 371 W. 14th Street, San Bernardino, CA. Council Member Devlin amended his motion, seconded by Council Member Oberhelman, that further reading of the ordinance be waived, and that the matter of an ambulance rate increase be referred to the Franchise Bureau, with the Bureau's recommendations to be brought back to the Council within 30 days after the Bureau's meeting. (Note: There was no vote taken.) Council Member Hernandez made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that further reading of the ordinance be waived; and that the City Clerk be directed to call a meeting of the Franchise Bureau as soon as possible after an application for ambulance rate increase has been 21 3/6/95 submitted by Mr. Rice; and two weeks after the Franchise Bureau's meeting, bring the Bureau's findings and recommendations back to the Mayor and Council for the purpose of considering a rate increase. ENVIRONMENTAL BRIEFING BY INLAND VALLEY DEVELOPMENT AGENCY (IVDA) & UNITED STATES AIR FORCE REPRESENTATIVES - SAN BERNARDINO INTERNATIONAL AIRPORT & ENVIRONS - FORMER NORTON AIR FORCE BASE (24) Council Member Pope-Ludlam submitted a Staff Report dated February 23, 1995, requesting that resentatives from the Inland Valley Development Agency (IVDA) and the United States Air Force be permitted to present an environmental briefing regarding the former Norton Air Force Base. Tom Dotson, Staff Environmental Consultant, noted the following: 1) the clean-up is progressing at a reasonable rate; 2) the Air Force has assumed full responsibility for all the contamination it has created, 3) the IVDA and San Bernardino International Airport Authority independently verify when a clean- up project has been completed and that the area is not contaminated, 4) they are cooperating very closely with the Air Force to bring clean-up about at the former air base; and 5) there is still controversy over certain types of contamination and methods of clean-up, however, a substantial effort is being made to resolve these issues. Gary Jungwirth, Acting Base Environmental Coordinator, explained the purpose and scope of the clean-up program with an overview of all on-going projects and distributed a handout dated March 6, 1995, on the Environmental Remediation Program. COUNCIL MEMBER CURLIN EXCUSED At 6:58 p.m., Council Member Curlin left the Council meeting. The following individuals expressed concern regarding the radioactive material found at the site of the former Norton Air Force Base. John Stevens, 4097 N. Pershing Avenue, San Bernardino, CA. Frank Vera, 765 S. "I" Street, San Bernardino, CA. Jeff Wright, P.O. Box 2341, San Bernardino, CA. COUNCIL MEMBER At 7:15 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council 22 3/6/95 Allen Bartleman, 505 N. Arrowhead, San Bernardino, CA, Community Co-Chair for the Norton Air Force Base Restoration and Advisory Board, stated the Board had recently received information that in the 1990's certain testing was done for radionuclides. He indicated the Board would be receiving more information within 30- 90 days, if the Council, Mayor, or staff desired to consult with the Board they would happily cooperate. There was no action taken on this matter at this meeting. It was the consensus of the Mayor and Common Council present that the remaining items be postponed until 10:00 a.m., March 8, 1995. RECESS MEETING - MARCH 6, 1995 At 7:30 p.m., Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the meeting be recessed to 10:00 a.m., Wednesday, March 8, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - MARCH 8, 1995 At 10:05 a.m., Mayor Minor reconvened the recessed regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo, Economic Development Agency Administrator Timothy steinhaus, City Clerk Rachel Clark. Absent: Council Members Pope- Ludlam, Miller. COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING AUTHORITY - RECESSED JOINT REGULAR MEETING At 10:05 a.m., Chairman Minor called the recessed regular joint 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 Negrete, and unanimously carried, that resolutions and ordinances on the regular and be waived. seconded by Council full reading of the supplemental agenda 23 3/8/95 RES. 95-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GRIDIRON CONSTRUCTION FOR RECONSTRUCTION OF RESTROOM AND SHOWER FACILITIES AT MEADOWBROOK BOXING FACILITY. (R2A &: B) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the transfer of $33,000 from the reserve account to Account No. 100-806-7202, "Improvement to Meadowbrook Boxing Facility," be approved, and that said resolution be adopted. The motion carried, and Resolution No. 95-53 was adopted by the following yote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: None. Absent: Council Members Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 10:07 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the council table. SAN BERNARDINO DOWNTOWN FRAMEWORK - ADOPT PLAN UPDATE & SUMMARY - PROJECT FOR PUBLIC SPACES (R6) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated March 1, 1995, regarding the adoption of the updated San Bernardino Downtown Framework Plan and Summary. COUNCIL MEMBER MILLER ARRIVED At 10:16 a.m., Council Member Miller arrived at the Council meeting and took her place at the council table. Steve Davies, Vice President for Projects for Public Spaces, Inc., 153 Waverly Place, New York, NY, gave a video presentation of the downtown area and answered questions concerning the San Bernardino Downtown Framework Plan update. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:30 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding the need for more open area such as a park or plaza for public use and the costs associated with various proposed projects. Timothy Steinhaus, Economic Development Agency Administrator, stated that things are happening very quickly and explained the various projects currently in progress. He stated that in terms of cost, each project is being considered individually. Jeff Wright, concern over the alley and murals. P.O. cost; Box 2341, San Bernardino, CA, expressed however, supported the concept of a jazz 24 3/8/95 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Council and the Community Development Commission approve and adopt the San Bernardino Downtown Framework Plan Update and Summary as presented by Project for Public Spaces and Agency staff. COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING AUTHORITY - RECESSED JOINT REGULAR MEETING At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community COUNCIL MEMBER CURLIN EXCUSED At 11:39 p.m., Council Member Curlin left the Council meeting. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING COMPENSATION OF COMMUNITY DEVELOPMENT COMMISSION MEMBERS AT $1,500 PER MONTH AND ESTABLISHING AN AUTOMATIC ANNUAL COST OF LIVING INCREASE BASED ON THE ANNUAL CONSUMER PRICE INDEX. (RS2) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. APPOINTMENT - BUREAU OF FRANCHISES - MICHAEL BEAUREGARD - COUNCIL MEMBER POPE-LUDLAM (NE1) Council Member Pope-Ludlam submitted a Staff Report dated March 7, 1995, regarding the appointment of Michael Beauregard to the Bureau of Franchises. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Michael Beauregard to the Bureau of Franchises, as requested by Council Member Pope-Ludlam, be approved. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made Member Oberhelman, and unanimously the resolutions and ordinances on agenda be waived. a motion, seconded by Council carried, that full reading of the regular and supplemental COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of 25 3/8/95 San Bernardino be approved as submitted in typewritten form: January 9, 1995 and January 23, 1995. ORD. MC-934 - 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. Final (7) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said ordinance be adopted. Ordinance No. MC- 934 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. RES. 95-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE-PURCHASE MASTER AGREEMENT FOR MUNI-GROUP FOR THE FURNISHING OF LEASE PURCHASE FINANCING AND REPEALING RESOLUTION NO. 94-300. (8) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-54 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. CLAIMS AND PAYROLL (9) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated March 1, 1995, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) 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 23, 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. RES. 95-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ACCEPTANCE OF AND AGREEMENT TO CONDITIONS OF A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA TO THE CITY FOR CERTAIN REAL PROPERTY LOCATED WITHIN NORTON AIR FORCE BASE FOR PUBLIC PARK AND RECREATION PURPOSES. (11) 26 3/8/95 RES. 95-56 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 81 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 INSTALLATION OF GUARDRAIL ON ALABAMA STREET AT CITY CREEK. (Discussed later in the meeting) (See page 28) (12) RES. 95-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. JOHNSON CONSTRUCTION, INC. FOR ON-SITE IMPROVEMENTS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BASIN, LOCATED AT THE NORTHEAST CORNER OF MILL STREET AND PEPPER AVENUE. (13) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 95-55, 95-56, and 95-57 were adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. RESTROOM MODIFICATION - PATTON PARK SOUTH - APPROVE PLAN NO. 9250 - AUTHORIZE ADVERTISEMENT FOR BIDS (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 20, 1995, regarding the proposed modifications of a restroom at Patton Park South to comply with the Americans with Disabilities Act. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for modifying the restroom building at Patton Park South, for Highland Little League, to comply with the requirements of the Americans with Disabilities Act, in accordance with Plan No. 9250, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. TRAFFIC SIGNALS & DRAINAGE FACILITY MODIFICATION KENDALL & LITTLE MOUNTAIN DRIVES - APPROVE PLAN NO. 9181 - AUTHORIZE ADVERTISEMENT FOR BIDS (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 1, 1995, regarding the proposed modifications of the traffic signals and drainage facilities at Kendall and Little Mountain Drives. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for modifying traffic signals and drainage facilities at Kendall and Little Mountain Drives, in accordance with Plan No. 9181, be 27 3/8/95 approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. REQUEST CIVIC & PROMOTION FUNDING - WOMEN OF LUNCHEON - MARCH 23, 1995 - $850 - WOMEN OF COMMITTEE ACHIEVEMENT ACHIEVEMENT (25) J. Lorraine Velarde, Executive Assistant submitted a Staff Report dated February 15, 1995, and promotional funding asslstance for the Achievement Luncheon to be held March 23, 1995. to the Mayor, requesting civic 1995 Women of Council Member Miller made a motion, seconded by Council Member Oberhelman, that the request for funding from the 1995 Women of Achievement Committee, in the amount of $850 from the Civic and Promotion Fund, for the 1995 Women of Achievement Luncheon to be held on March 23, 1995, be approved. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Curlin. Council Nays: RECONSIDER RES. 95-56 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 81 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 INSTALLATION OF GUARDRAIL ON ALABAMA STREET AT CITY CREEK. (Discussed earlier in the meeting) (See page 27) (12) City Clerk Rachel Clark explained that changes had been made to the title of said resolution and read the corrected title of the resolution. RES. 95-56 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 81 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 MODIFICATION OF TRAFFIC SIGNALS AT WATERMAN AVENUE AND GILBERT STREET. (12) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the previous action taken be reconsidered, and that said resolution be adopted as amended. The motion carried, and Resolution No. 95-56, as amended, was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. 28 3/8/95 No action was taken on the following Items 21, 22, 23, 26, 27, 28, 29, 82, and S4. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR AN EASEMENT WITH CASA RAMONA INC., AND RAMONA SENIOR COMPLEX, INC. FOR CONSTRUCTION AND FUTURE MAINTENANCE OF A STORM DRAIN ACROSS THE RESPECTIVE PROPERTIES LOCATED BETWEEN 7TH STREET AND 8TH STREET AT WESTERN AVENUE. (21) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 24, GENERALLY LOCATED ALONG PORTIONS OF NORTON WAY NORTH OF "B" STREET AND PORTIONS OF TIPPECANOE AVENUE BETWEEN 3RD STREET AND CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (22) WAIVE STREET BANNER INSTALLATION FEE - 1995 FOR LOVE OF LIFE TELETHON - MAY 20, 1995 - $200 - ST. BERNARDINE'S MEDICAL CENTER FOUNDATION (23) ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 2.34.030(G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING CHARGE RATE SCHEDULE BY THE POLICE COMMISSION, AND AMENDING SECTION 5.76.230 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM, AND AMENDING SECTION 5.76.490B OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM. (26) RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 82 -179 RELATING TO FIXING AND ESTABLISHING RATES OF TOWING AND STORAGE SERVICES BY TOWING VEHICLES. (26) A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND WEST SAN BERNARDINO COUNTY WATER DISTRICT. (27) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., RELATING TO EXTENDING THE TERM OF SAID LEASE AND REMOVING THE TERMINATION CLAUSE FROM A PORTION OF THE LEASE PROPERTY. (28) 29 3/8/95 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE OF THE CITY ADMINISTRATOR, AND REPEALING MC-839. First (29) REIMBURSE CITY ATTORNEY FOR DEFENSE OF ACTIONS (S2) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MUNDELL, ODLUM AND HAWS. (S4) It was the consensus of the Mayor and Common Council that agenda Items 21, 22, 23, 26, 27, 28, 29, S2, and S4 be continued to March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT (32) At 1:18 p.m., the meeting was adjourned. The next regular meeting is scheduled to be held at 8:00 a.m., Monday, March 20, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~rt~~~J Deputy City Clerk No. of Items: 41 No. of Hours: 12.75 30 3/8/95