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HomeMy WebLinkAbout07-10-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JULY 10, 1995 COUNCIL CHAMBERS This is the time and place meeting of the Mayor and Common Bernardino from the regular meeting 3, 1995, in the Council Chambers Street, San Bernardino, California. set for an adj ourned regular Council of the City of San held at 8:00 a.m., Monday, July of City Hall, 300 North "D" A quorum not being present, the City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Monday, July 3, 1995, and has on file in the Office of the City Clerk an affidavit of posting said Notice of Adjournment which was posted at 8:00 a.m. on Monday, July 3, 1995, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council was called to order by Mayor Minor at 8:07 a.m., Monday, July 10, 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 Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin. City Attorney Penman announced that the following additional cases would be discussed in closed session: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Stubblefield Construction Companv. et al. vs. City of Bernardino Fourth District Court of Appeals Case E009749/EOI0088; San No. Khodr I. Saab vs. City of San Bernardino: San Bernardino Unified School District. Real Party in Interest Bernardino Superior Court Case No. SCV 234561; City San City of San Bernardino vs. San Bernardino City Unified School District - San Bernardino Superior Court Case No. SCV 09439. 1 7/10/95 RECESS MEETING - CLOSED SESSION At 8:07 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. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Ramona Ramos vs. City of San Bernardino/Carousel Mall - San Bernardino Superior Court Case No. SCV 16451; Bobbv Moreno vs. City of San Bernardino/R. Toppinq - San Bernardino Superior Court Case No. SCV 12597; Thomas Armendariz vs. James F. Penman. et al. - United States District Court Case No. 91-5757. B. Conference with legal counsel - anticipated litigation: Initiation of litigation pursuant to Government Code Section 54956.9(c) one case. CLOSED SESSION At 8:07 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 Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin. Also present: Senior Deputy City Attorney Simmons and April Loudermilk, Legal Secretary, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel reac the titles of all the resolutions and ordinances on the regular, supplemental, and addendum to the supplemental agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority while the Council was in closed session. SENIOR DEPUTY At 8: 10 a. m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the 2 7/10/95 COUNCIL MEMBER At 8:11 a.m., session. CURLIN ARRIVED Council Member Curlin arrived at the closed COUNCIL MEMBER HERNANDEZ EXCUSED At 8:13 a.m., Council Member Hernandez left the closed session. MAYOR MINOR EXCUSED At 8:14 a.m., Mayor Minor left the closed session. COUNCIL MEMBER NEGRETE ARRIVED At 8:18 a.m., Council Member Negrete arrived at the closed session. RECESS CLOSED SESSION At 8:24 a.m., a ten-minute recess was declared. RECONVENE CLOSED SESSION At 8:37 a.m., Mayor Pro Tern Devlin 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 Pro Tern Devlin; Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Hernandez. Also present: Assistant City Administrator Wilson and Attorney Joseph Arias of MacLachlan, Burford and Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, California. ADJOURN CLOSED SESSION At 8:50 a.m., the closed session Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m. in the 300 North "D" Street, San RECONVENE MEETING At 9:01 a.m., Mayor Pro Tern Devlin reconvened the adjourned 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 cal1 was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tern Devlin; Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Negrete. 3 7/10/95 ANNOUNCEMENT - MAYOR PRO TEM DEVLIN (3) Mayor Pro Tern Devlin announced that Mayor Minor was on jury duty. INVOCATION The invocation was given by Dr. Tom Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. APPOINTMENT POLICE COMMISSION COUNCIL MEMBER NEGRETE ROBERT G. VEGA (S12) Mayor Minor submitted a Staff Report dated June 29, 1995, requesting the appointment of Robert G. Vega, 1448 W. 8th Street, San Bernardino, CA, to the Police Commission, as requested by Council Member Negrete. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Robert G. Vega to the Police Commission, be approved. COMMENDATION - BOB HOPPER - SAN BERNARDINO CONVENTION & VISITORS BUREAU (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Bob Hopper for his efforts on behalf of the Route 66 Rendezvous during his employment with the San Bernardino Convention and Visitors Bureau, and announced that Mr. Hopper would be leaving the employ of the Bureau on July 13, 1995. Mr. Hopper accepted his commendation and presented t-shirts depicting the 1995 Route 66 Rendezvous to the Mayor and Council Members. Ms. Velarde announced that the t-shirts were provided by Sportsco, 560 N. Waterman, San Bernardino, CA, who would be selling the shirts in California and seven other states. Mr. Ray Imbriani, owner of Sportsco, thanked the Route 66 Committee, stating it was an honor to represent the City of San Bernardino with the sale of the Route 66 Rendezvous t-shirts. COMMENDATION - LOS ANGELES CHURCH OF CHRIST - VOLUNTEER WORK WITHIN CITY OF SAN BERNARDINO (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Los Angeles Church of Christ for their dedicated service to the community of San Bernardino. For the past one and one-half years, church members have volunteered one 4 7/10/95 Saturday a month to remove blight in the City of San Bernardino, with over 200 members turning out for a City-wide cleanup day. Reverend Marvin Lucas accepted the commendation on behalf of his congregation. PRESENTATION - VIRGINIA MINOR & PAT LEATHERS - SOAP BOX DERBY (2B) Council Members Oberhelman bouquets to Mrs. Virginia Minor Coordinator, Mayor's Office, as an help with the Soap Box Derby. and Devlin presented floral and Pat Leathers, Volunteer expression of thanks for their Virginia Minor and Pat behalf of their committee and the Derby. Leathers accepted the bouquets on the many volunteers who helped with PRESENTATION - IN HONOR OF DR. OTTO GERICKE (2C) Council Member Oberhelman announced that a street at the San Bernardino International Airport had been named in honor of Dr. Otto Gericke, who for 26 years was an administrator at Patton State Hospital, and presented a replica of the street sign to Dr. Gericke's sons. Doug and Phil Gericke accepted the replica of the street sign on behalf of the Gericke family. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin wished a speedy recovery to william Crump, who has served the City in many capacities, and is currently ill. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez stated that the San Bernardino Police Officer's Association should apologize for the t-shirts they are selling depicting the City of San Bernardino as the murder capital of the United States. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman expressed concern that The Sun newspaper fails to provide a balance in its reporting, citing its failure to mention several positive events that have recently occurred in the city versus its coverage depicting San Bernardino as the murder capital of the United States and the worst place in the United States to raise children. 5 7/10/95 COUNCIL MEMBER NEGRETE RETURNED At 9:18 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3C) Council Member Pope-Ludlam stated she agreed with expressed by Council Members Hernandez and Oberhelman, also would like to see an emphasis by The Sun reporting. the comments and that she on positive ANNOUNCEMENT - COUNCIL MEMBER MILLER (3D) Council Member Miller stated that she would like to see the money raised by selling the t-shirts rejected--that it is inappropriate for this money to be used for a memorial to officers who have lost their lives; apologized to Doug Chandler, Chief Examiner, Civil Service, for her criticism during the budget hearings; and thanked Thelma Press, the San Bernardino Symphony, Ann Harris from Main Street, and Annie Ramos and John Kramer of the Parks, Recreation and Community Services Department for the excellent job they did in organizing and presenting the Fourth of July celebration at Seccombe Lake Park. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3E) Council Member Devlin thanked everyone who participated in the Soap Box Derby. PUBLIC COMMENTS - PHILLIP THOMPSON (4) Phillip Thompson, 9136 Date Street, Fontana, CA, spoke in opposition to the concept of assessmen~ districts. PUBLIC COMMENTS - RUBEN LOPEZ (4A) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, quoted California Elections Code Section 29623 relative to bribery; and expressed his desire to see the beautification of the Base Line business corridor. PUBLIC COMMENTS - TONY ORLICH (4B) Tony Orlich, 17126 Randall, Fontana, CA, spoke in opposition to the concept of assessment districts. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, Member Negrete, and unanimously carried, that resolutions and ordinances on the regular, addendum to the supplemental agenda of the seconded by Council full reading of the supplemental, and Mayor and Common 6 7/10/95 Council, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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: May 1, 1995; June 12 & 13, 1995; June 15, 1995. RES. 95-216A - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COST OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (7 ) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-216A was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-947 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.030. H RELATING TO PRIVATE AMBULANCES TRANSPORTING PATIENTS FROM THE SAN BERNARDINO COUNTY GENERAL HOSPITAL TO OUTSIDE THE CITY. Final (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-947 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CLAIMS AND PAYROLL (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated June 27, 1995, from the Director of Finance, be approved. RES. 95-217A - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED OF A SEWER EASEMENT TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ACROSS THAT CERTAIN PROPERTY LOCATED SOUTH OF SPRUCE STREET, AND WEST OF "I" STREET IN THE CITY OF SAN BERNARDINO. (13) 7 7/10/95 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-217A was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ANGELICA UNIFORM WESTERN RENTAL GROUP FOR THE FURNISHING AND DELIVERY OF A THREE (3) YEAR CONTRACT FOR UNIFORM RENTAL SERVICE, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH BID SPECIFICATION F-96-02. (Discussed later in the meeting) (See page 24) (8) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Discussion ensued relative to the number of uniforms required and how many were being charged to the General Fund and how many to the Refuse Fund. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that this matter be postponed until later in the meeting. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Members Curlin, Hernandez. Absent: None. AN ORDINANCE OF THE CITY OF SAN SUBSECTION C TO SECTION 8.60.120 OF MUNICIPAL CODE RELATING TO FIREWORKS IN THE 1995 SEASON. Final BERNARDINO ADDING THE SAN BERNARDINO IN HIGH FIRE AREAS (9) Council Member Miller made a Member Oberhelman, and unanimously tabled. motion, carried, seconded by Council that the matter be PERSONNEL ACTIONS (12) Council Member Hernandez Action Item Nos. 1 through 13, 14. made a motion to approve Personnel excluding Personnel Action Item No. The motion failed for lack of a second. Discussion ensued regarding the proposed Personnel Actions and whether a specific job position could be discussed without discussing the particular candidate fOl' the position. 8 7/10/95 Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that Personnel Action Item Nos. 1 through 13 and the unclassified Refuse Fund appointment, be approved, except for Personnel Action Item No. 14. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that Personnel Action Item No. 14, be approved. City Administrator rideshare monies could be not approved. Shauna Clark expressed concern that lost if Personnel Action Item No. 14 was Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, that Personnel Action Item No. 14 be referred to closed session. Discussion ensued on whether the matter could be discussed later in the day, since it would not allow time to notify the employee involved in the action. City Attorney Penman stated that since Personnel Action Item No. 14 is not a disciplinary matter, it could be discussed in closed session without notifying the employee involved. The Council Ludlam. substitute motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Pope- Nays: Council Members Devlin, Miller. Absent: None. IMPOSING LIEN 225, UNCOLLECTED BUSINESS GAZZOLO 229 , & 23 9 SOUTH REGISTRATION FEES "E" STREET MR. JEAN (14) Lee Gagnon, Business Registration Supervisor, City Clerk's Office, submitted a Staff Report dated June 28, 1995, stating that Mr. Gazzolo had paid his business registration fees for the rental of single-family dwelling units, negating the need for a property lien. Council Member Member Oberhelman, tabled. Pope-Ludlam made a motion, seconded by Council and unanimously carried, that the matter be PRESENTATION - ELECTRIC INDUSTRY DEREGULATION - SOUTHERN CALIFORNIA EDISON (14A) Jim Burns and Bob Steiner, representatives of Southern California Edison, gave an overhead presentation and explained what factors had precipitated deregulation of electric rates, the benefits of deregulation, and how lower rates will be realized by utilizing an Independent Power Pool Program. There was no action taken on this matter during this meeting. 9 7/10/95 COUNCIL MEMBER At 10:06 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (15) This is the time and place set consider imposing liens on real property San Bernardino for uncollected business for a public hearing to located within the City of registration fees. City Clerk Rachel Clark submitted a Staff Report dated June 22, 1995, requesting authorization to impose liens on parcels of property for uncollected business registration fees. City Clerk Rachel Clark submitted a memorandum dated July 6, 1995, requesting that certain properties be deleted from Exhibit "A" of the resolution. Mayor Pro Tern Devlin opened the hearing. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following addresses: 4868 Varsity Avenue, 129 West Ralston, 3522 Rainbow Lane, 1535 West 15th Street, 1964 East Cooley Avenue, 1655 North Mt. Vernon Avenue, and 367 South pershing Avenue. RES. 95-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (15) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing be closed; and that said resolution be adopted as amended by deleting the following properties from Exhibit "A": 4868 Varsity Avenue, 129 West Ralston, 3522 Rainbow Lane, 1535 West 15th Street, 1964 East Cooley Avenue, 1655 North Mt. Vernon Avenue, and 367 South Pershing. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Miller. Council Member Pope-Ludlam. No. 95-218 was adopted by Members Negrete, Curlin, Nays: None. Absent: PUBLIC HEARING - PROPOSED ANNEXATION NO. 344/LAFCO 2781 - AREA LOCATED SOUTHEAST OF 1-15 FREEWAY/SOUTHWEST OF 1-215 FREEWAY (16) This is the time and place set for a public hearing to consider the proposed annexation of the area generally located southeast of the 1-15 Freeway and southwest of the 1-215 Freeway. 10 7/10/95 Roger Hardgrave, Director of submitted a Staff Report dated June 21, of previous actions taken to accomplish (LAFCO 2781) . Public Works/Engineering, 1995, outlinging a synopsis proposed Annexation No. 344 Mayor Pro Tern Devlin opened the hearing. Director Hardgrave explained that the proposed annexation was initiated by property owners in the area and requested that the public hearing be continued to the Council meeting of July 24, 1995, to allow staff to determine the value of protests filed. Terri Ferguson, 19924 Kendall Drive, San Bernardino, CA, expressed opposition to the proposed annexation and gave City Clerk Rachel Clark a petition signed by 87 area residents protesting Annexation No. 344 (LAFCO 2781) . Elizabeth Grogan, 18774 Cajon Boulevard, San Bernardino, CA, spoke in opposition to proposed Annexation No. 344 (LAFCO 2781) . Mikal Thomas CA, submitted a opposition to the Ewing and Shirley Black Ewing of letter dated July 10, 1995, proposed annexation. San Bernardino, stating their Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing for Annexation No. 344 (LAFCO 2781) be closed; and that the matter be continued to July 24, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for a determination of the value of protests filed. PUBLIC HEARING - ADOPT POLICY - CLOSURE OF CITY STREETS (17) This is the time and place set for a public hearing to consider a policy for governing the closure of city streets. Roger Hardgrave, Director of submitted a Staff Report dated June previously taken to develop a policy Public Works/Engineering, 22, 1995, outlining actions for closure of city streets. Mayor Pro Tern Devlin opened the hearing. RES. 95-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICY ON THE CLOSURE OF CITY STREETS. (17) Council Member Curlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing for imposition of a $1,000 administrative fee, in connection with the "Policy for Closure of City Streets" be closed. 11 7/10/95 Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-219 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:22 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RECEIVE & FILE TRAFFIC SAFETY ADVISORY RECOMMENDATION CLOSURE OF 18TH STREET ARROWHEAD AVENUE CONTINUED FROM JUNE 19, DISCUSSED LATER IN THE MEETING - SEE PAGE 13 COMMITTEE WEST OF 1995 (22) This is the time and place continued to receive and file the Traffic Safety Advisory Committee recommendation regarding the closure of 18th Street, west of Arrowhead Avenue. Stan McIntyre, a five-year resident of 18th Street, San Bernardino, CA, spoke in support of the proposed street closure. Louanne Wear, a resident of 18th Street, San Bernardino, CA, expressed her support of the proposed street closure. Roger Hardgrave, Director of Public Works/Engineering, answered questions regarding the proposed closure and stated that any temporary closing of the street would be done using traffic barricades made of lumber. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the recommendation adopted by the Traffic Safety Advisory Committee at their regular meeting of April 19, 1995, relative to the proposed closure of 18th Street, west of Arrowhead Avenue, be received and filed. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. DISCUSS & TAKE POSSIBLE ACTION - CHARTER SECTION 36 - MAYOR PRO TEM TO PRESIDE IN THE ABSENCE OF MAYOR COUNCIL MEMBER CURLIN - CONTINUED FROM JUNE 19, 1995 (18) This is the time and place continued possible action relative to Charter Section preside in absence of Mayor. to discuss and take 36, Mayor Pro Tern to 12 7/10/95 Council Member Curlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to July 24, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 10 :34 a.m., Mayor Pro Tern Devlin declared a five-minute recess. RECONVENE MEETING At 10:43 a.m., Mayor Pro Tern Devlin reconvened the adjourned 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 following being Negrete, Curlin, Attorney Penman, Clark. Absent: was taken by City Clerk Rachel Clark with the present: Mayor Pro Tern Devlin; Council Members Hernandez, Oberhelman. Devlin, Pope-Ludlam; City City Clerk Rachel Clark, City Administrator Shauna Council Member Miller. RECONSIDER TRAFFIC SAFETY ADVISORY COMMITTEE RECOMMENDATION CLOSURE OF 18TH STREET WEST OF ARROWHEAD AVENUE CONTINUED FROM JUNE 19, 1995 DISCUSSED & ACTION TAKEN EARLIER IN THE MEETING - SEE PAGE 12 (22) This is the time and place set to reconsider the previous action taken. Council Member Negrete made a motion, seconded by Council Member Curlin, to reconsider action taken on Agenda Item No. 22. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Council Member Hernandez. Absent: Council Member Miller. Council Nays: COUNCIL MEMBER MILLER RETURNED At 10:44 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Traffic Safety Advisory Committee recommendation to close 18th Street with removable barricades for a trial period of six (6) months, during which time Traffic Engineering staff will monitor the area and evaluate the effects of the closure, be approved. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. 13 7/10/95 RES. 95-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAMPBELL DELONG RESOURCES, INC., BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (Continued from June 19, 1995) (19) Discussion ensued regarding the merits of paying a company $23,150 to develop a landlord manual and training program for the Rental Housing Inspection Program, when the City already has a source of information and direction from the program administered by Mesa, Arizona. Peggy Ducey, Assistant to the City Administrator, answered questions regarding the City's Rental Housing Inspection Program and explained that Mesa, Arizona, utilizes a criminal background check conducted through a credit company and a lease addendum, neither of which can be used by the City of San Bernardino. Also, their program is not easily transferrable to California due to the significant differences in landlord-tenant laws. Ms. Ducey stated that many jurisdictions are looking to develop rental housing inspection programs, yet no comprehensive manual has been developed in California. By providing our manual to other entities for a fee, the potential exists to recoup some of the costs of its development. City should be Inspection liabilities agencies. Attorney Penman stated that the City Attorney's Office invol ved in the development of any Rental Housing Program manual and cautioned Council on possible if they intend to market the finished manual to other MAYOR MINOR RETURNED At 11:08 a.m., Mayor Minor returned to the Council meeting and took his place at the council table. Council Member Negrete made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Ayes: Nays: Resolution No. 95-220 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Devlin, Miller. Council Members Oberhelman, Pope-Ludlam. Absent: None. RES. 95-221 AUTHORIZING INDUSTRIES, RECYCLABLES 1995) - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT WITH TAORMINA INC. FOR THE PROVISION OF COMMINGLED PROCESSING. (Continued from June 19, (20) 14 7/10/95 Mayor Minor recommended that Council adopt said resolution, stating that no improprieties had occurred within the selection process. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. (Note: There was no vote taken.) David Fahrion, Corporate Vice President of CR&R, Inc., P.O. Box 125, Stanton, CA, opposed awarding the contract to Taormina Industries, Inc., stating that CR&R could perform the commingled recyclables processing for approximately $600,000 less than Taormina, and requested that the Council direct staff to obtain up- to-date figures from both Taormina and CR&R to ensure the integrity of the bidding process. It was noted that the Agreement stated that the $2.00 per ton host fee established for purposes of the Agreement between Taormina Industries, Inc. and the City of San Bernardino could only be modified by approval of the Director of Public Services. However, it was determined that modification should only be approved by the Mayor and Common Council. Council Member Pope-Ludlam made an amended motion, seconded by Council Member Hernandez, that said resolution be adopted; and that the Agreement between the City of San Bernardino and Taormina Industries, Inc. be amended as follows: Page 6, Item 17, last line of the paragraph should read, "of the Mayor and Common Council", and not, "of the Director of Public Services." The motion carried, and Resolution No. 95-221 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 994 FOR CITY-WIDE STREET LIGHTING, STREET SWEEPING, TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI REMOVAL. (Continued from June 19, 1995) (21) Barbara Pachon, Director of Finance, answered questions regarding the revenue from Assessment District No. 994 and what percentage was spent on law enforcement. The requirement is that all net proceeds must be spent on law enforcement, and this in fact has been done. Tony Orlich, 17126 Randall, Fontana, CA, spoke in opposition to the concept of assessment districts in general. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that said resolution be adopted. 15 7/10/95 Resolution No. 95-222 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Ludlam, Miller. Nays: Council Member Oberhelman. Absent: vote: Pope- None. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 11:35 a.m., City Administrator Shauna Clark left the Council meeting. AGENCY ADMINISTRATOR TIMOTHY STEINHAUS & SPECIAL COUNSEL TIMOTHY SABO, ECONOMIC DEVELOPMENT AGENCY, ARRIVED At 11:35 a.m., Timothy Steinhaus, Economic Development Agency Administrator, and Timothy Sabo, Special Counsel to the Economic Development Agency, arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 11:36 a.m., Chairman Minor called the joint regular meeting of the Mayor and Common Council and Development Commission/San Bernardino Joint Powers Authority to order in the Council Chambers of City Hall, "D" Street, San Bernardino, California. adjourned Community Financing 300 North At this time, the Mayor and Common Community Development Commission, took Development Commission items. Council, action acting as the on Community RECESS MEETING At 11:57 a.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 2:05 p.m., Mayor Minor reconvened the adjourned 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 Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Council Members Negrete, Curlin. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-04 - REUSE OF LEGAL NONCONFORMING SIGNS (35) This is the time and place consider Development Code Amendment use of nonconforming signs. set for a public hearing to No. 95-04, relative to the re- 16 7/10/95 Al Boughey, Director submitted a Staff Report background and merits for Amendment No. 95-04. of Planning and Building Services, dated June 9, 1995, detailing the approving proposed Development Code Mayor Minor opened the hearing. Director Boughey stated that presently when a business ceases to operate for six months, the existing sign cannot be used unless it is brought into conformance with existing regulations. This is a deterrent to the establishment of new businesses at that location, therefore, creating numerous vacant properties. Deputy City Attorney Empeno stated that Development Code Amendment No. 95-04 does not conflict with state law. Discussion ensued regarding the definition of an "urgency ordinance" and whether the proposed ordinance fit the definition. COUNCIL MEMBER NEGRETE RETURNED At 2:14 p.m., Council Member Negrete returned to the Council meeting and took his place at the council table. ORD. MC-948 - AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22, SECTIONS 19.22.110(1} (2) AND (4) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO NON-CONFORMING SIGNS AND DECLARING THE URGENCY THEREOF. Urqency (35) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council adopt the urgency ordinance pertaining to the reuse of nonconforming signs; and that Planning staff be directed to prepare a permanent ordinance. The motion carried, and Ordinance No. MC-948 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Curlin. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-02 - RECONSIDER VARIANCE NO. 94 - 03 FRANCHER DEVELOPMENT SERVICES, INC. - PERMIT REUSE OF NONCONFORMING POLE SIGNS - SOUTHEAST CORNER - SECOND AND "H" STREETS - CONTINUED FROM APRIL 3, 1995 (36) 17 7/10/95 This is the time and place continued to for a public hearing to consider Development Code Amendment No. 95-02 and reconsider Variance No. 94-03, relative to the reuse of two nonconforming pole signs located at the southeast corner of Second and "H" Streets. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated June 13, 1995, regarding Development Code Amendment No. 95-02 and reconsideration of Variance No. 94-03. Mayor Minor opened the hearing. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.14, SECTION 19.14.030 "FREEWAY ADJACENT SIGNS" AND CHAPTER 19.22, SECTION 19.22.150, TABLE 022.01 "SIGN REGULATIONS BY LAND USE CATEGORY" OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE REUSE OF NONCONFORMING FREEWAY SIGNS IN THE CITY'S FREEWAY CORRIDOR OVERLAY DISTRICT. First (36) Council Member Oberhelman made Member Hernandez, and unanimously tabled. a motion, carried, seconded by Council that the matter be PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 94-04 - AMEND GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL TO IL, INDUSTRIAL LIGHT - SOUTHWEST SIDE OF CAJON BOULEVARD - BETWEEN MEDICAL CENTER DRIVE & CALIFORNIA STREET (37) This is the time and place set for a public hearing to consider General Plan Amendment No. 94-04, relative to amending the general plan land use designation from CG-l, Commercial General, to IL, Industrial Light, on the southwest side of Cajon Boulevard between Medical Center Drive and California Street. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 10, 1995, detailing the background and key issues of proposed General Plan Amendment No. 94-04. Mayor Minor opened the hearing. RES. 95-223 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A NEGATIVE DECLARATION; ADOPTING FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-04 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP. (37) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. 18 7/10/95 Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted which approves the negative declaration and General Plan Amendment No. 94-04. The motion carried, and Resolution No. 95-223 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. PUBLIC HEARING CONDITIONAL USE PERMIT NO. 95-07 ESTABLISH CONVENIENCE STORE WITH OFF-SITE SALE OF BEER & WINE EAST OF UNIVERSITY PARKWAY NORTH OF 1-215 FREEWAY (38) This is the time and place set for a public hearing to consider Conditional Use Permit No. 95-07 relative to the establishment of a convenience store with off-site sale of beer and wine in a center located east of University Parkway and north of the 1-215 Freeway. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated June 22, 1995, detailing the background and key issues relative to Conditional Use Permit No. 95-07. Mayor Minor opened the hearing. Clarence Burstein, 1683 Grossmont Road, San Bernardino, CA, stated that he had originally voiced opposition to the sale of alcohol in such close proximity to a residential neighborhood; however, since the builder would be erecting a fence between the properties, he withdrew his objections to the sale of wine or beer. Ari Miller, 148 Palm Drive, Los Angeles, CA, owner of the property, stated that increasing the height of the neighbor's fence was a condition of the original Conditional Use Permit No. 91-45. He added that they have agreed to change to wrought iron fencing. Council Member Devlin made a motion, Member Oberhelman, and unanimously carried, closed. seconded by Council that the hearing be COUNCIL MEMBER CURLIN RETURNED At 2:27 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council uphold the appeal and approve Conditional Use Permit No. 95-07, based on the findings of fact (Attachment "F"), subject to the conditions of approval (Attachment "G") and standard requirements (Attachment "H"), in the staff report from Al Boughey, 19 7/10/95 Director of Planning and Building Services, dated June 22, 1995. DISCUSS & TAKE POSSIBLE ACTION - BONANZA MOBILEHOME PARK - TREE TRIMMING - COUNCIL MEMBER HERNANDEZ (ASl) Council Member Hernandez submitted a Staff Report 3, 1995, regarding tree trimming irregularities Mobilehome Park. dated July at Bonanza Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to July 24, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DIRECTOR At 2: 29 Boughey left Administrator OF PLANNING & BUILDING SERVICES EXCUSED p. m., Director of Planning and Building the Council meeting and was replaced Shauna Clark. Services by City DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:29 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. CONFIRM 1995/96 ASSESSMENT ROLLS - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NOS. 951, ZONES 1 & 2; 952, ZONES 2 & 2A; 956; 959, ZONE 1; 968; 991; 1005; 1007 - SEWER LIFT STATION MAINTENANCE DISTRICT NO. 963 - CONTINUED FROM JUNE 26, 1995 (23) This is the time and place continued to confirm the 1995/96 assessment rolls for Landscape Maintenance Assessment District Nos. 951, Zone 1 & 2; 952, Zones 2 & 2A; 956; 959, Zone 1; 968; 991; 1005; 1007; and Sewer Lift Station Maintenance District No. 963. Roger Hardgrave, Director of Public Works/Engineering, submitted a memorandum dated July 5, 1995, confirming that Agenda Item Nos. 2A, 2B, 2C, 2E, 2F, 2G, 2H, and 21 for the Mayor and Common Council meeting of June 26, 1995, were in fact calculated correctly and legally defensible. Therefore, it is recommended that the assessment rolls for Assessment District Nos. 951, 952, 956, 963, 968, 991, 1005, and 1007 be confirmed. Director Hardgrave submitted a Staff Report dated July 5, 1995, stating that Agenda Item No. 2D for the Mayor and Common Council meeting of June 26, 1995, had been calculated by a method not clearly supported by the documents that established the assessment district. Therefore, in order to avoid the possibility of legal challenge, the assessment roll had been recalculated. This resulted in a decrease in the total assessment. A new resolution had been prepared using the new calculations, but had not yet been approved by the City Attorney's Office. 20 7/10/95 RES. 95-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (Continued from June 26, 1995) (23A) RES. 95-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (Continued from June 26, 1995) (23B) RES. 95-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (Continued from June 26, 1995) (23C) RES. 95-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, SHANDIN HILLS CIRCLE, AND OTHER VARIOUS STREETS AND LANDSCAPE EASEMENTS. (SHANDIN HILLS AREA). (Continued from June 26, 1995) (Discussed later in the meeting) (See page 28) (23D) RES. 95-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (Continued from June 26, 1995) (23E) RES. 95-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (Continued from June 26, 1995) (23F) RES. 95-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (Continued from June 26, 1995) (23G) RES. 95-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE, CAJON AND PEPPER LINDEN DRIVE AREA. (Continued from June 26, 1995) (23H) 21 7/10/95 RES. 95-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING ~~INTENANCE, PEPPER AND RANDALL AVENUES AREA. (Continued from June 26, 1995) (23I) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolutions, :tem Nos. 23A-I, be adopted. Resolution Nos. 95-224, 95-225, 95-226, 95-227, 95-228, 95- 229, 95-230, 95-231, and 95-232 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that Item No. 23D regarding Assessment District No. 959, be reconsidered. The Members Miller. None. motion carried by the following vote: Ayes: Council Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Curlin. Absent: It was the consensus of the Council that Item No. 23D be discussed later in the meeting. CONTINUE FUNDING - STURGES AUDITORIUM - CONTINUED FROM JUNE 26, 1995 - DISCUSSED LATER IN THE MEETING - SEE PAGE 25 (24) This is the time and place continued to discuss funding for Sturges Auditorium. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the matter be continued to July 24, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) It was the consensus of the Council that this matter be discussed later in the meeting. AUTHORIZATION TO PROCEED MAINTENANCE ASSESSMENT DISTRICT COULSTON STREET ESTABLISH LANDSCAPE TRACT NO. 15573 (27) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated June 20, 1995, regarding authorization to proceed with the establishment of an assessment district for landscape maintenance along Coulston Street in Tract No. 15573. 22 7/10/95 Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code for maintenance of landscaping within Tract No. 15573 on Coulston Street. RES. 95-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC, RELATING TO MEDICAL SERVICES. (28) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 95-233 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. DISCUSS & TAKE POSSIBLE ACTION - ELECTRONIC PROMPTING SYSTEM - COUNCIL CHAMBERS - COUNCIL MEMBER CURLIN (29) Council Member Curlin submitted a Staff Report dated June 12, 1995, regarding possible action to provide an electronic prompting system for use by the Mayor and Common Council. Discussion ensued regarding the establishment of a system which would enable the Mayor to identify speakers at the Council table and acknowledge them to speak in the proper sequence; and whether it would be possible to repair the present system which is currently nonfunctional. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, suggested incorporating a light in the system which would identify for the public which agenda item is being considered by the Council at any given time. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council authorize the City Administrator or proper individual to look into the feasibility and cost of establishing an electronic prompting system for monitoring the sequence of speakers at the council table. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. 23 7/10/95 RES. 95-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ANGELICA UNIFORM WESTERN RENTAL GROUP FOR THE FURNISHING AND DELIVERY OF A THREE (3) YEAR CONTRACT FOR UNIFORM RENTAL SERVICE, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH BID SPECIFICATION F-96-02. (Discussed earlier in the meeting) (See page 8) (8) This is the time and place continued from earlier in the meeting to discuss a contract with Angelica Uniform Western Rental Group for uniform service for approximately 344 designated City employees. John Murphy, Purchasing Manager, submitted a memorandum dated July 10, 1995, showing a departmental breakdown of employees designated to receive uniforms. It was noted that the figures included part-time as well as full-time employees, and that each department budgets and pays for their own uniform rental. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-234 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. DISCONTINUE CITY PAYMENTS TO WATER DEPARTMENT - WATER & SEWER SERVICE - COUNCIL MEMBER HERNANDEZ (30) Council Member Hernandez submitted a Staff Report dated June 20, 1995, recommending that the City discontinue paying the Water Department for water and sewer services. Council Member Hernandez made a motion, Member Oberhelman, and unanimously carried, tabled. seconded by Council that the matter be RES. 95-235 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING, THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1995/96 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 94-182. (31) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-235 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. APPROVE FUNDS - $6,000 - TRAINING COSTS - PREPARATION OF CITY-WIDE STRATEGIC PLAN FOR POLICING (32) 24 7/10/95 Wayne Harp, Acting Chief of Police, submitted a Staff Report dated June 22, 1995, regarding an expenditure of $6,000 to pay for training and other costs associated with developing a city-wide strategic plan for policing. Council Member Negrete made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve the expenditure, not to exceed $6,000, to pay for training and other costs associated with developing a city- wide strategic plan. RES. 95-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HOLIDAY OLDS MAZDA FOR FURNISHING AND DELIVERY OF FIVE (5) EACH MID-SIZE SEDANS TO BE UTILIZED BY THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95- 26. (33) Discussion ensued regarding whether the purchase of these vehicles was critical to the continu~ng operation of the City, whether the City had ever considered purchasing vehicles with alternate fuel energized sources, and where the proposed vehicles would be utilized. Jim Howell, Acting Director of Public Services, explained which departments would receive the new vehicles and noted some of the drawbacks encountered by the City in the past when they had considered purchasing vehicles using alternate fuel energized sources. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-236 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Ludlam, Miller. Nays: Council Member Oberhelman. Absent: vote: Pope- None. CONTINUE JUNE 26, PAGE 22 FUNDING - STURGES AUDITORIUM - CONTINUED FROM 1995 - DISCUSSED EARLIER IN THE MEETING - SEE (24) This is the time and place continued from earlier in the meeting to discuss funding for Sturges Auditorium. Thomas Salas, 13643 Cabrillo Court, Fontana, CA, submitted a document dated July 9, 1995, entitled Summary Proposal, San Bernardino Musical Theatre Management of the Sturges Center for the Fine Arts, and spoke in support of such an agreement between the City and the San Bernardino Musical Theatre for continued management of Sturges Auditorium. 25 7/10/95 The following individuals expressed support of Mr. Salas and his proposal for the continued operation of Sturges Auditorium particularly as an academy for youth of the performing arts. ' Jean Mosteller, 6405 Briarwood, San Bernardino, CA. Randy DuVall, 19265 Maywood, Bloomington, CA. Shoshana Nisan, 15078 Zhana Drive, Moreno Valley, CA. Jeff Hughes, 348 East Sunset Drive North, Redlands, CA. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to July 24, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 3:12 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:21 p.m., Mayor Minor reconvened the adjourned 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, Miller; Senior Assistant City Attorney Barlow, Special Legal Counsel to the Economic Development Agency Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 3: 21 p. m., Chairman Minor called the joint regular meeting of the Mayor and Common Council and the Development Commission/San Bernardino Joint Powers Authority to order in the Council Chambers of City Hall, "D" Street, San Bernardino, California. adjourned Community Financing 300 North WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) 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, supplemental, and addendum to the supplemental agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority, be waived. 26 7/10/95 RES. 95-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN OWNER PARTICIPATION AND COOPERATIVE AGREEMENT WITH THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY AND ECONOMIC DEVELOPMENT AGENCY, RELATING TO THE INSTALLATION OF THE "I" STREET STORM DRAIN AND PHASE I OF THE NORTHWEST INTERCEPTOR SEWER. (R8) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that all bids received on April 4, 1995, for construction of Phase I of the Northwest Intercepting Sewer, in accordance with Plan Nos. 9169 and 9169A, be rejected; that the Director of Public Works/City Engineer be authorized to re- advertise for bids, excepting the section through Santa Fe's "A" Yard; and that said resolution be adopted. The motion carried, and Resolution No. 95-237 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: None. (Note: Although Council Member Pope-Ludlam was present she did not register a vote.) COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 5:46 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. PROPOSAL - PROVIDE CONTRACT POLICE SERVICES - CITY OF GRAND TERRACE (S3) Wayne Harp, Acting Chief of Police, submitted a Staff Report dated June 26, 1995, regarding a proposal to provide contract police services to the City of Grand Terrace. City Administrator Shauna Clark submitted a memorandum dated July 10, 1995, asking the Council to table the matter, since the Sheriff's Department had submitted a lower bid and the City of Grand Terrace was no longer interested in the bid from the City. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried. that the matter be tabled. (Note: Although Council Member Miller was present, she did not register a vote.) 27 7/10/95 RES. 95-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, SHANDIN HILLS CIRCLE, AND OTHER VARIOUS STREETS AND LANDSCAPE EASEMENTS. (SHANDIN HILLS AREA). (Continued from June 26, 1995) (Discussed earlier in the meeting) (See page 21) (23D) This is the time and place continued from earlier meeting to reconsider a resolution confirming the assessment rolls for Assessment District No. 959. in the 1995-96 Deputy City Attorney Frank Rhemrev submitted a memorandum dated July 10, 1995, declaring that with the revised method of calculation, it would be appropriate to approve the resolution confirming the assessment rolls for Assessment District No. 959. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, to ratify the previous action taken to adopt Resolution No. 95-227 as amended by the revised method of calculation for costs associated with Assessment District No. 959. Resolution No. 95-227, as amended by the revised method of calculation, was ratified by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: None. PUBLIC CENTRAL 947 MEETING CONFIRM 1995/96 ASSESSMENT ROLL CITY PARKING DISTRICT - ASSESSMENT DISTRICT NO. (25) This is the time and place set for a public meeting regarding confirmation of the 1995/96 assessment rolls for the Central City Parking District, Assessment District No. 947. Roger Hardgrave, Director of Public submitted a Staff Report dated June 13, confirmation of the 1995/96 assessment rolls for Parking District, Assessment District No. 947. Works/Engineering, 1995, regarding the Central City Mayor Minor opened the public meeting. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the public meeting relative to the 1995/96 Assessment roll for the Central City Parking District be closed, and the protests, if any, be carried over to the public hearing scheduled for August 7, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 28 7/10/95 PUBLIC MEETING CONFIRM CONSTRUCTION OF CHAPTER IMPROVEMENTS - RIALTO & "E" 1995/96 12.92 STREETS ASSESSMENT ROLL STREET WIDENING - MILL & "D" STREETS (26) This is the time and place set for a public meeting relative to confirmation of the 1995/96 assessment rolls relative to the construction of Municipal Code Chapter 12.92 improvements for street widening at Rialto and "E" Streets and Mill and "D" Streets. Roger Hardgrave, Director of Public Works/City Engineering, submitted a Staff Report dated June 21, 1995, regarding the costs, proposed assessments, and confirmation of the 1995/96 assessment roll relative to the construction of Municipal Code Chapter 12.92 improvements for street widening at Rialto and "E" Streets and Mill and "D" Streets. Mayor Minor opened the public meeting. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the public meeting regarding proposed assessments relative to construction of Chapter 12.92 street widening improvements be closed, and the protests, if any, be carried over to the public hearing scheduled for August 7, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 95-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOMA LINDA UNIVERSITY MEDICAL CENTER EXPRESS CARE TO PROVIDE TB TESTING AND TB MONITORING FOR THE CITY'S POLICE DEPARTMENT SWORN AND NON-SWORN SAFETY EMPLOYEES, AS WELL AS OTHERS AS APPLICABLE TO THE LAW. (34) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-238 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO MODIFYING THE AMOUNT OF PROPOSED PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2781, FOR THE AREA GENERALLY LOCATED SOUTHEAST OF DEVORE ROAD, SOUTHWEST OF THE 1-215 FREEWAY. (S2) William O. and Dorthie S. Schaefer, 18570 Cajon Boulevard, San Bernardino, CA, submitted a letter dated June 26, 1995, expressing opposition to any".. . takeover by the City of San Bernardino." 29 7/10/95 Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-239 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT FOR THE SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO LUNCH SITES. (S4) Council Member Oberhelman made a ~otion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-240 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-241 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. (S5) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted; and that the Mayor be authorized to execute agreements for towing services with the five towing carriers on the existing police rotation list. The motion carried, and Resolution No. 95-241 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR A GRANT AND TO ADMINISTER A CONTRACT WITH THE DEPARTMENT OF JOBS AND EMPLOYMENT SERVICES FOR THE SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM FOR THE PERIOD OF JULY 1, 1995 THROUGH OCTOBER 6, 1995. (S6) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-242 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 30 7/10/95 RES. 95-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO R. P. LANDSCAPE & IRRIGATION FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE SERVICES, TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-05. (Seven locations) (S7) RES. 95-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO R. P. LANDSCAPE & IRRIGATION FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE SERVICES, TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-03. (Downtown facilities) (S8) RES. 95-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO R. P. LANDSCAPE & IRRIGATION FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE SERVICES, TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-06. (Eighteen locations) (S9) RES. 95-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO R. P. LANDSCAPE & IRRIGATION FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE SERVICES, TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-04. (Seccombe Lake Park) (SlO) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 95-243, 95-244, 95-245, and 95-246 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-247 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE SALE OF CITY PROPERTY. (SII) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-247 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-248 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE "RENTAL ASSISTANCE" PROPOSITION THAT WILL PRE-EMPT LOCAL MOBILEHOME RENT CONTROL. (SI3) 31 7/10/95 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resoluticn be adopted. Resolution No. 95-248 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ADJOURNMENT (39) At 6:26 p.m., the adjourned reg~lar meeting was adjourned. The next regular meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, July 17, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~r~A Deputy City Clerk No. of Items: 55 No. of Hours: 8.5 32 7/10/95