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HomeMy WebLinkAbout10-02-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING OCTOBER 2, 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 8:04 a.m" Monday, October 2, 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, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Devlin. RECESS MEETING - CLOSED SESSION (1 & S3) At 8:04 a.m., the Mayor and Common Council recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956,9(a): Russell E. Bernardino - 11040; Taylor vs. Vincent Kerbera/City of San San Bernardino Superior Court Case No. SCV Western Empire Industries, Inc. vs. City of San Bernardino, et al - San Bernardino Superior Court Case No, 255130. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9; D, Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1. Aaency Neaotiator Barbara Dillon, Personnel Director 1 10/2/95 Employee Oraanizations: San Bernardino Public Employees Association (SBPEA) - General Unit; San Bernardino Public Employees Association (SBPEA) - Mid-Management Unit. 2. Aaency Neaotiator Shauna Clark, City Administrator Employee Oraanization: San Bernardino City Management Association (SBCMA). CLOSED SESSION At 8:05 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, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark, City Administrator Shauna Clark, Absent: Council Member Devlin. Also present: Senior Assistant City Attorney Morillo, Senior Deputy City Attorney Simmons, Deputy City Attorney Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER DEVLIN ARRIVED At 8: 07 a. m., Council Member Devlin arrived at the closed session. SENIOR DEPUTY At 8: 09 a, m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the PERSONNEL DIRECTOR DILLON ARRIVED At 8:15 a.m., Personnel Director Dillon arrived at the closed session. CITY ATTORNEY PENMAN & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:16 a.m., City Attorney Penman and Deputy City Attorney Empeno left the closed session. 2 10/2/95 ADJOURN CLOSED SESSION At 8:41 a.m., the closed session the Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m., in 300 North "D" Street, San RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. INVOCATION The invocation was given by Father Barnabas Laubach, Saint Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. APPOINTMENT - LUIS E. LOPEZ - BOARD OF LIBRARY TRUSTEES - MAYOR MINOR (2) Mayor Minor submitted a Staff Report dated September 26, 1995, requesting the appointment of Luis E. Lopez, 323 West 18th Street, San Bernardino, CA, to the Board of Library Trustees. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Luis E, Lopez to the Board of Library Trustees, be approved. Mr. Lopez accepted his certificate of appointment from Mayor Minor. COUNCIL MEMBER NEGRETE RETURNED At 9:04 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. PROCLAMATION - SENIOR OLYMPIC GAMES WEEK - SEPTEMBER 30- OCTOBER 7, 1995 (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of September 30 to October 7, 1995, as Senior Olympic Games Week in the Cit:y of San Bernardino. Cynthia Brooks, Senior Olympics Coordinator, Parks, Recreation and Community Services Department, accepted the proclamation. 3 10/2/95 PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 8-14, 1995 (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 8-14, 1995, as Fire Prevention Week in the City of San Bernardino. Fire Marshal Guy Burdick accepted the proclamation. PROCLAMATION - REDISCOVER SAN BERNARDINO MONTH - OCTOBER 1995 (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of October 1995 as Rediscover San Bernardino Month in the City of San Bernardino. Claudia Oakes, Chairperson, and Bob Botts, Co-chairperson, Rediscover San Bernardino Committee, accepted the proclamation; and Ms. Oakes invited everyone to attend the Rediscover San Bernardino Community Faire on Saturday, October 14, from 11:00 a.m. to 5:00 p.m. at Perris Hill Park. PRESENTATION - PROMOTING A ASSOCIATION MAIN STREET, INC. - CREATIVITY COMMUNITY INTERNATIONAL AWARD FOR DOWNTOWN (2D) Mayor Minor presented Ann Harris, Executive Director, Main Street, Inc., with the Creativity In Promoting a Community Award bestowed by the International Downtown Association, a world-wide organization, for her efforts in orchestrating the production of "Legend of the Arrowhead." SPECIAL AWARD - SPIRIT BASEBALL CLUB - CALIFORNIA LEAGUE CHAMPIONSHIP (2E) Jim Wehmeier, General Manager, Spirit Baseball Club, displayed the trophy received by his team for winning the California League Championship, stating he felt it was only a sign of things to come for the team in San Bernardino and thanked the Council for their continued commitment to the new stadium. COUNCIL MEMBER At 9:17 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ANNOUNCEMENT - CITY ATTORNEY PENMAN (3) City Attorney Penman commended Senior Assistant City Attorney Morillo for the outstanding job he did in winning the case against Manta Management. 4 10/2/95 ANNOUNCEMENT - MAYOR MINOR (3A) Mayor Minor introduced Paula Scherneck, who had the lead role in the "Legend of the Arrowhead." ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3B) Council Member Curlin stated that it was a heartwarming experience to receive General Colin Powell in San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3C) Council Member Hernandez asked for a few moments of silence in remembrance of Francisco "Kiko" Gomez, who spearheaded peace between Colton and San Bernardino gangs and whose life was taken this past weekend. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3D) Council Member Oberhelman recognized Ann Harris, Executive Director, and Main Street, Inc. for being instrumental in working with the Phenix Information Center, a local bookstore, to bring General Colin Powell to San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3E) Council Member Devlin invited everyone to attend the dedication of the recently renovated Littlefield Shultis Park on Kendall Drive on October 19, at 10:00 a.m.; and stated that work on the Police Strategic Plan is continuing. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3F) Council Member Pope-Ludlam thanked the Phenix Information Center, Ann Harris of Main Street, Inc., and all who worked so hard to bring General Colin Powell to San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3G) Council Member Miller commended the generosity of Jack Brown, Chief Executive Officer, Stater Bros. Markets, who donated 400 of General Powell's books to be given to local high school students. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3H) City Clerk Rachel Clark announced that the Juvenile Diabetes Foundation Walk for the Cure would be held Sunday, October 8, at Glen Helen Regional Park beginning at 8:00 a.m.; and that the last day to register to vote in the November 7 election is Tuesday, October 10. Registration forms can be obtained from the City 5 10/2/95 Clerk's Office, the local library, fire stations, and from the Registrar of Voters Office, 777 E. Rialto Avenue, San Bernardino, California. ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3I) City Administrator Shauna Clark stated that the first landlord training class was held on Friday, September 22. There were 88 attendees, of which 77 were landlords or property managers representing over 4,000 rental units. Many favorable comments were received. The next training session will be in late November at the new police facility. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3J) City Francisco knew him. Attorney Penman acknowledged the contributions of "Kiko" Gomez, stating that he would be missed by all who ANNOUNCEMENT - MAYOR MINOR (3K) Mayor Minor announced that the following events were planned for Saturday, October 14, and invited all citizens to attend: Senior Olympics at San Bernardino Valley College, Fire Department open house at 10: 00 a.m., and the Rediscover San Bernardino Community Faire at 11:00 a.m. at perris Hill Park. CITY ATTORNEY PENMAN EXCUSED At 9:39 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. PUBLIC COMMENTS - TERRY MOLL (4) Terry Moll, 6705 North Steven commented on the candidates for City Democratic Club luncheon. Way, San Bernardino, CA, Council who spoke at the PUBLIC COMMENTS - RUBEN LOPEZ (4A) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, spoke on absentee-ballot voting and commented on the settlement of the George Aguilar case. PUBLIC COMMENTS - JOHN BELL (4B) John Bell, P.O. Box 34, Patton, CA, stated he was currently working on gang truce in San Bernardino and expressed concerns relative to the selection of the new Police Chief. 6 10/2/95 PUBLIC COMMENTS - ELVIRA GALLARDO (4C) Elvira Gallardo, 587 Gardena Street, San Bernardino, CA, commented on the inj ustices perpetrated against the low- income citizens of the city by the local government. PUBLIC COMMENTS - ROBERT REGO (4D) Robert Rego, 853-A Lynwood, San some of Council Member Hernandez' commented on the methods used by the with Jeff Wright, a local citizen. Bernardino, CA, identified financial contributors and legislative body in dealing WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Hernandez, 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: August 7, 1995; September 11, 1995. SET PUBLIC HEARING - OCTOBER 16, 1995 - INCREASE BURIAL & SERVICE FEES - PIONEER MEMORIAL CEMETERY (7) Daniel Ustation, Cemetery Superintendent, submitted a Staff Report dated August 30, 1995, relative to setting a public hearing for the purpose of discussing a proposed increase of burial fees at pioneer Memorial Cemetery. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that a public hearing be set for October 16, 1995, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for the purpose of discussing a proposed increase in burial fees charged by Pioneer Memorial Cemetery. APPROVE - BIENNIAL WORK TRIP REDUCTION PLAN (8) Lori Sassoon, Office, submitted requesting approval Plan. Administrative Analyst, City Administrator's a Staff Report dated September 19, 1995, of the City's 1995 Biennial Work Trip Reduction 7 10/2/95 Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City's 1995 Biennial Work Trip Reduction Plan for the City Hall and City Yard sites be approved in compliance with South Coast Air Quality Management District Rule No. 1501. RES. 95-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (9) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-343 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CLAIMS & PAYROLL (10) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated September 20, 1995, from the Director of Finance, be approved. PERSONNEL ACTIONS (11) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated September 20, 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, RECESS MEETING At 10:08 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:13 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Negrete. 8 10/2/95 AUTHORIZE PARTICIPATION & TRANSFER OF FUNDS CO- OPERATIVE PROJECT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) - INTERCONNECTION OF TRAFFIC SIGNALS - SIX INTERSECTIONS - WATERMAN AVENUE - $24,000 (12) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 18, 1995, regarding authorization to participate in a co-operative project with San Bernardino Associated Governments (SANBAG) relative to interconnection of traffic signals at six intersections on Waterman Avenue and the transfer of $24,000 from the Gas Tax Fund. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that authorization be granted to participate in a co-operative project with San Bernardino Associated Governments (SANBAG) and Cities of Lorna Linda and Rialto, for installation of traffic signal interconnect facilities for six intersections on Waterman Avenue; and that the transfer of $24,000 from Account No. :;26-000-3405, "Undesignated Balance", to Account No. 126-369-5504-7033, be approved. COUNCIL MEMBER NEGRETE RETURNED At 10:16 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. APPROVE PLAN NO. 9283 - AUTHORIZE ADVERTISEMENT FOR BIDS - CONSTRUCT ACCESS ROADS & PARKING LOT - SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY TERMINAL (13) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 18, 1995, regarding approval of plans and authorization to advertise for bids for the construction of access roads and a parking lot for the San Bernardino International Airport Authority terminal. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for construction of access roads and a parking lot for the San Bernardino International Airport terminal, in accordance with Plan No. 9283, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids, AWARD CONTRACT - AUTHORIZE TRANSFER OF FUNDS - $6,000 - MODIFY TRAFFIC SIGNALS - "E" STREET, FROM SIXTH STREET TO TENTH STREET - APPROVE DEDUCTIVE CHANGE ORDER NO, ONE - PAUL GARDNER CORPORATION (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 5, 1995, relative to awarding a contract approving deductive Change Order No. One and the transfer of funds for modification of traffic signals on "E" Street, from Sixth Street to Tenth Street, per Plan No. 9285. 9 10/2/95 RES. 95-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR MODIFICATION OF TRAFFIC SIGNALS ON "E" STREET, FROM SIXTH STREET TO TENTH STREET, AND APPROVING DEDUCTIVE CONTRACT CHANGE ORDER NO. ONE. (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the transfer of $6,500, from Account No. 131-000-3405, "Unappropriated Reserves," to Account No. 131-372- 5504-1384, "Traffic Signal Modification - "E" Street, from Sixth Street to Tenth Street", be approved; and that said resolution be adopted. The motion carried, and Resolution No. 95-344 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE UTILIZATION - CITY CREWS & EQUIPMENT - WAIVE COSTS $2,876 - SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH - RED RIBBON PARADE - OCTOBER 21, 1995 (15) Annie Ramos, Director, Parks, Recreation and Community Services, submitted a Staff Report dated September 21, 1995, regarding authorization to utilize City crews and equipment and to waive the costs incurred relative to assisting the San Bernardino County Department of Public Health with the Red Ribbon Parade to be held on October 21, 1995. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that utilization of City crews, equipment and City Police Department personnel for assisting San Bernardino County Department of Public Health with the Red Ribbon Parade on October 21, 1995, be authorized; and that the expenses incurred for same, in the amount of $2,786, be waived. RES. 95-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE A-3 ADDENDUM TO LEASE PURCHASE AGREEMENT OF ASSOCIATES COMMERCIAL CORPORATION, FOR THE FINANCING OF 62,000 AUTOMATED REFUSE CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-28. (16) Discussion ensued regarding the recycling and size of refuse containers per household, pickups per week. program, the number and the number of 10 10/2/95 City Administrator Shauna Clark explained that by January 1996 the entire city would be on a recycling program, and each residence would have three separate cans and once-a-week pickup. The recycling program will be mandatory, and the City plans to educate the residents as each step is initiated. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-345 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE CITY OF SAN BERNARDINO. (Continued from September 25, 1995) (Discussed later in the meeting) (See page 20) (17) Mayor Minor stated that Council Member Pope-Ludlam had requested that the matter be continued to 2:30 p.m. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that the matter be continued to 2:30 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN ."; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (General Unit) (Continued from September 1B, 1995) (18) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. ESTABLISHING A BASIC COMPENSATION PLAN "BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. (Confidential Employees) (Continued from September 1B, 1995) (19) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said resolutions be continued to October 16, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 10/2/95 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LAW ENFORCEMENT SERVICES, INC. TO PROVIDE EVIDENCE COLLECTION FOR THE SAN BERNARDINO POLICE DEPARTMENT. (Continued from September lS, 1995) (Discussed later in the meeting) (See page 13) (20) Council Member Miller made a motion, seconded by Council Member Devlin, that the existing contract be terminated and that the bid from Law Enforcement Services, Inc., be accepted. Discussion ensued regarding the current contract with Western Nurses, the request for proposal process, the proposed contract with Law Enforcement Services, Inc., the fact that all contracts for professional services should be reviewed periodically, and whether an exclusivity clause was contained in the contract between Western Nurses and the current owners of Law Enforcement Services, Inc., when they were employed by Western Nurses. Council Member Oberhelman made a substitute motion, seconded by Council Member pope-Ludlam, that the City allow the contract that currently exists with Western Nurses to continue through February 1996, that an amended request for proposal be issued, and in the interim period, notify the current contractor that the contract will be up for review and others will be invited to submit bids. (Note: There was no vote taken.) Christine D'Amico, co-owner of Law Enforcement Services, Inc., stated that a lawsuit has been filed by Western Nurses against the company. Ms. D'Amico explained that when she and her co-owner were employed by Western Nurses, they were independent contractors and there was no exclusivity clause. City Administrator Shauna Clark stated that it would cost the city approximately $15,000 more a year to stay with Western Nurses. Discussion continued, and it was suggested that the complete procurement process, in general, should be reviewed. City Attorney Penman stated that pursuant to Government Code Section 54956.9 (b), the matter should be discussed in closed session prior to a vote being taken. RECESS MEETING - CLOSED SESSION At 10: 47 a. m., the Mayor and Common session for the following: (20 & 1B) Council recessed to closed Conference with legal counsel anticipated litigation significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956.9. 12 10/2/95 CLOSED SESSION At 10:47 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, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Administrator. Peggy Ducey, Assistant to the City ADJOURN CLOSED SESSION At 11: 04 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:04 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Mayor Minor with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LAW ENFORCEMENT SERVICES, INC. TO PROVIDE EVIDENCE COLLECTION FOR THE SAN BERNARDINO POLICE DEPARTMENT. (Continued from September lS, 1995) (Discussed earlier in the meeting) (See page 12) (20) Council Member Oberhelman made a motion, Member Hernandez, and unanimously carried, rejected. seconded by Council that all bids be MAYOR MINOR & CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 11:05 a.m., Mayor Minor and City Administrator Shauna Clark left the Council meeting. The duties of Mayor Pro Tern were assumed by Council Member Negrete. 13 10/2/95 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR TIMOTHY STEINHAUS & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL TIMOTHY SABO ARRIVED At 11:06 a.m., Economic Development Agency Administrator Timothy Steinhaus and Economic Development Agency Special Counsel Timothy Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:06 a.m., Vice Chairman Negrete called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those which require action by the Mayor and Common Council. Therefore, action taken relative to Items Rl, R2, R4, R8, R9, and RS2 will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Community Development Commission. MAYOR MINOR RETURNED At 11:07 a.m" Mayor Minor returned to the Council meeting and took his place at the council table. CITY ATTORNEY PENMAN EXCUSED At 11:08 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. APPROVE PLAN NO. 9354 - AUTHORIZE ADVERTISEMENT FOR BIDS - REROOF & INSTALL WINDOW - DELMANN HEIGHTS COMMUNITY CENTER (RS) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 26, 1995, regarding the approval of plans and authorization to advertise for bids for reroofing and installation of a window at the Delmann Heights Community Center, per Plan No. 9354. Council Member Devlin made a motion, seconded by Council Member Negrete, that the plans for reroofing and installing a window at the Delmann Heights Community Center, in accordance with Plan No. 9354, be approved, with the change in the funding 14 10/2/95 requirements of $22,000 rather than $38,000; and that the Director of Public Works/City Engineer be authorized to advertise for bids. Council Member Hernandez made a substitute motion, seconded by Council Member Oberhelman, that the plans for reroofing and installing a window at the Delmann Heights Community Center, in accordance with Plan No. 9354, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Miller. Nays: Council Members Curlin, Devlin, Pope-Ludlam. Absent: None. COUNCIL MEMBER At 11:27 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council APPROVE PLAN NO. 9360 - AUTHORIZE ADVERTISEMENT FOR BIDS - UPGRADE LIGHTING SYSTEM - RAY GUTIERREZ LITTLE LEAGUE FIELD (R6) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 23, 1995, regarding the approval of plans and authorization to advertise for bids for upgrading of the lighting system at Ray Gutierrez Little League Field, per Plan No. 9360. Council Member Hernandez made a motion, seconded by Council Member Devlin, that the plans for upgrading the lighting system for the Ray Gutierrez Little League Field, in accordance with Plan No. 9360, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Curlin. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:28 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table, RES. 95-346 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING CERTAIN IMPROVEMENTS RELATED TO UNREINFORCED MASONRY BUILDINGS WITHIN THE CITY. (R7A) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 15 10/2/95 Resolution No. 95-346 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None, PUBLIC HEARING U. S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) GRANTEE PERFORMANCE REPORT EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - FISCAL YEAR 1994/95 (R10) Barbara Lindseth, Act ing Director, Development Department, Economic Development Agency, submitted a Staff Report dated September 27, 1995, regarding the U. S. Department of Housing & Urban Development Grantee Performance Report public hearing. Chairman Minor opened the hearing. Norma Owens, Acting Community Development Block Grant Coordinator, Economic Development Agency, stated that the Grantee Performance Report is an annual document required by the U. S. Department of Housing and Urban Development. Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned why Community Development Block Grant (CDBG) funds have not been used for the libraries. Timothy Steinhaus, Administrator, Economic Development Agency, explained that CDBG funds cannot be used for operations and overhead. RES. 95-347 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN GRANTEE PERFORMANCE REPORT IN CONNECTION WITH IMPLEMENTING A FEDERAL GRANT PROGRAM. (R10) Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council receive comments and views of residents, public agencies and other interested parties on the HUD Grantee Performance Report regarding the expenditure of Community Development Block Grant Funds during fiscal year 1994-1995 and authorize staff to submit the Grantee Performance Report to the U. S. Department of Housing & Urban Development for review and approval; and that said resolution be adopted. The motion carried, and Resolution No. 95-347 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 16 10/2/95 TAPING CLOSED SESSION MEETINGS CONTINUED SEPTEMBER 18, 1995 - COUNCIL MEMBER CURLIN FROM (Rll) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated September 21, 1995, regarding Council Member Curlin's request for the taping of closed session meetings. Council Member Negrete made a motion, seconded by Council Member Miller, that the matter be tabled. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Council Members Curlin, Hernandez. Absent: None. Ayes: Miller. Council Nays: RECESS MEETING At 12:00 p.m., Mayor Minor recessed the regular meeting of the Mayor and Common Council to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council 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; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: None. PUBLIC HEARING - APPEAL - PLANNING COMMISSION'S DECISION - UPHOLD DETERMINATION OF PLANNING & BUILDING SERVICES DIRECTOR - STRUCTURES AT 116 -124 NORTH "I" STREET HAVE LOST THEIR LEGAL NONCONFORMING STATUS - H, R. RONNEBERG - CONTINUED FROM SEPTEMBER 18, 1995 (22) This is the time and place continued for a public hearing to consider the appeal of H. R. Ronneberg regarding the Planning Commission's decision to uphold the determination made by the Planning and Building Services Director that the structures at 116- 124 North "I" Street have lost their legal nonconforming status. Mayor Minor opened the hearing. Director Boughey stated that the property in question consists of eight multi-family units which are located in the IL, Industrial Light, land use district; and provided a synopsis of the action taken relative to the determination that the structures at 116-124 North "I" Street have lost their legal nonconforming status. 17 10/2/95 Craig Wilson, Fullerton, Lemann, Schaefer & Dominick, 215 North "D" Street, San Bernardino, CA, stated that the possibility exists that said property could be established as a historical site and provided the Mayor and Council documentation relative to such. H. R. Ronneburg, 11369 Mt. Wallace Court, Alta Lorna, CA, stated that he uses the residence at 124 North "I" Street when he is in town, and that the City failed to provide him with adequate information regarding use of the property when he applied for his business registration certificate. Jeff Wright, P.O. Box 2341, San Bernardino, concern regarding the apparent inequi ties in the conducts its business. CA expressed way the City Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Discussion continued regarding the business registration process and the criteria used to determine that a property has lost its legal nonconforming status. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appeal be denied, upholding the determination of the Director of Planning and Building Services that the structures at 116-124 North "I" Street have lost their legal nonconforming status. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:48 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. DISCUSS & TAKE POSSIBLE LINES -COUNCIL MEMBER SEPTEMBER 18, 1995 ACTION - CODE ENFORCEMENT HERNANDEZ CONTINUED TIME FROM (21.) This is the time and place continued to discuss and take possible action relative to Code Enforcement time lines. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to October 16, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:49 p.m., Planning and Building Services Director Boughey left the Council meeting and was replaced by City Administrator Shauna Clark. 18 10/2/95 APPROVE EXPENDITURE - $1,500 - CITY'S SHARE OF COST (25%) - INSTALLATION OF CHAIN LINK FENCE - NORTH TERMINUS OF EAST FRONTAGE ROAD - ROUTE 330 (81.) Council Member Oberhelman submitted a Staff Report dated September 19, 1995, regarding the expenditure of $1,500 for the City's share of the cost for installation of a chain link fence at the northerly terminus of the east frontage road for Route 330. COUNCIL MEMBER At 2:52 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the expenditure of $1,500 from Account No. 126- 369-3405, "Undesignated Balance," as the City's share (25%) of the cost for installing a six-foot chain link fence at the north terminus of the east frontage road for Route 330, north of Highland Avenue, be approved. The motion Members Negrete, None. Abstain: Hernandez. carried by the following vote: Oberhelman, Devlin, Pope-Ludlam, Council Member Curlin. Absent: Ayes: Council Miller. Nays: Council Member COUNCIL MEMBER HERNANDEZ RETURNED At 2:54 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. RES. 95-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SONORA CONSTRUCTION, INC. FOR REPAIR OF STORM DAMAGE TO THE ALABAMA AVENUE BOX CULVERT AT CITY CREEK. (82) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-348 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2: 56 p. m., City Administrator Shauna Clark left the Council meeting. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED At 2:56 p.m., Economic Development Agency Administrator Timothy Steinhaus and Economic Development Agency Special Counsel Timothy Sabo returned to the Council meeting. 19 10/2/95 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:56 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 95-349 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN FIRST AMENDMENT TO SECOND ADDENDUM TO JOINT DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, CFB INVESTMENTS, LTD., PINE & CONNIFER, L. P., AND DJS&S PARTNERS. (RSlA) Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-349 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 2:59 p.m., City Attorney Penman left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. RECESS MEETING At 3:23 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:29 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE CITY OF SAN BERNARDINO. (Continued from September 25, 1.995) (Discussed earlier in the meeting) (See page 1.1.) (1.7) 10/2/95 20 Mayor Minor stated that an urgency ordinance regarding card clubs would be inappropriate at this time and recommended that Council proceed with the steps necessar)' for holding an election on February 6, 1996. If approved by the voters on February 6, the matter would be placed on hold until the State moratorium is lifted. Mayor Minor also indicated that Rounding Third, LLC, a California Limited Liability Company (Rounding Third), had agreed to pay for the election, and there had been discussion of bringing forward an ordinance to allow an all-mail ballot for this election. Jeff Kinsell, Rounding Third, LLC, a California Limited Liability Company, 462 Stevens, Solana Beach, CA, suggested that in addition to the resolution calling for the election, that on October 16 the Council consider an ordinance that would set forth the rules and regulations governing the City as it coordinates the establishment and operation of a card club and would also provide for a state-of -the-art franchise fee payment. He added that meshing the franchise fee payment with the terms of the May 15, 1995, agreement with Rounding Third, should provide the money necessary to pay for the baseball stadium. Discussion ensued regarding expiration of the Rounding Third contract on November 15, 1995, whether Rounding Third had fulfilled what they had agreed to do thus far, and the fact that Rounding Third would want a renewal of their contract if they were going to finance the election. Further discussion ensued regarding wording on the ballot relative to the pros and cons of the issue and having a special Legislative Review Committee meeting prior to the next Council meeting to develop the possible ballot wording. City Attorney Penman stated that statements of qualified proponents and opponents can be published with the ballot, but that the actual wording on the ballot must be in conformance with Section 19819 of the Business and Professions Code. Aileen Cooper, 26552 East 5th Street, Highland, CA, suggested that the Council have night meetings to allow taxpayers who work during the day to attend and be heard, and urged that the people be the ones to decide this issue. Debra Garvin, 3929 Ferndale, San Bernardino, CA, spoke in opposition to allowing card gaming and read an article from the Los Angeles Times relative to the emerging evidence of the damaging side effects of gambling. Aaron Hodgdon, President, Double Eagle Sports Internationale, P.O. Box 2146, San Bernardino, CA, advised that prior to September 15, his organization had provided draft documents to the Council which addressed issues regarding who the participants in the gaming facility may be, security, and the revenues and franchise fees paid 21 10/2/95 to the City. He acknowledged that these documents are very lengthy and complicated and were meant only as a starting point for the Council and City Attorney. Jerome Levine, 2049 Century Park East, Los Angeles, CA, legal counsel representing the San Manuel Band of Mission Indians, stressed the importance of a meaningful review of any ordinance dealing with all the important aspects of operating a card room in the city, and expressed reservations to renewing the contract with Rounding Third without some real dialogue between the City, Rounding Third, San Manuel, and any others involved. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in opposition to the methods being pursued to allow card clubs in the city. City Attorney Penman stated that preparation of an ordinance as suggested by Mr. Kinsell would entail a great deal of time and research by his department, and he did not think it would be possible to accomplish this prior to the Council meeting of October 16,1995. It was suggested that at the next Council meeting, the Council approve a resolution setting the election and an ordinance allowing for an all-mail ballot election, if this was their desire; that there would be plenty of time to develop an additional ordinance relative to governing the establishmer-t and operation of a card club. Council Member Hernandez made a motion, seconded by Council Member Negrete, to bring forward on October 16, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, a resolution setting the time for an election for February 6, 1996, and an ordinance to allow voting by mail for this election; and to direct the City Attorney's Office to review the ordinance prepared by Mudge Rose Guthrie Alexander & Ferdon, LLP. The motion carried by the following vote: Members Negrete, Hernandez, Pope-Ludlam, Miller. Members Oberhelman, Devlin. Abstain: Council Absent: None. Ayes: Nays: Member Council Council Curlin. 22 10/2/95 ADJOURNMENT (23) At 4:23 p.m., the regular meeting was adjourned. The next meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, October 16, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~- ~~d inda Hartze Deputy City Clerk No. of Items: 33 No. of Hours: 6.5 23 10/2/95