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HomeMy WebLinkAbout03-21-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 21, 1994 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 7:59 a.m., Monday, March 21, 1994, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. Senior Assistant city Attorney Morillo announced that the fOllowing additional cases would be discussed in closed session: Bvron Mixon vs. Citv of San Bernardino. et al - United States District Court Case No. CV940677 (LBG); Cal Safari. Inc.. et al vs. citv of San Bernardino. et al - San Bernardino County Superior Court Case No. SCV10942. RECESS MEETING - CLOSED SESSION At 7: 59 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the a. to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; b. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; c. based on existing facts and circumstances, set out below, the city Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); d. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council/Commission may decide whether to initiate litigation; 1 03-21-94 e. to consider personnel matters pursuant to Government Code Section 54957; f. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to pUblic services or public facilities pursuant to Government Code Section 54957; g. to give instruction to the city's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: The identity of each person with whom negotiations are authorized is: h. to meet with an applicant for a city license and the applicant's attorney pursuant to Government Code section 54956.7; i. to meet with the Chief of Police regarding matters of pUblic security pursuant to Government Code section 54957; j. to confer with the attorney regarding pending litigation which has been initiated formally to which the city is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Companv. et al vs. ci tv of San Bernardino. et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeals Case No. 4th civil No. E009749 (C/W E010088); Weslev vs. citv of San Bernardino Police Officers Keith. et al - San Bernardino Superior Court Case No. 265422; Arriaqa vs. citv of San Bernardino - Court of Appeals Fourth District Case No. E0102264; DeNavarette vs. citv of San Bernardino superior Court Case No. 257365. San Bernardino CLOSED SESSION At 7:59 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. 2 03-21-94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. Also present: Senior Assistant City Attorney city Attorney Simmons, Margaret Scroggins, Operations supervisor, City Attorney's Office. Morillo, Deputy Administrative READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER CURLIN ARRIVED At 8:05 a.m., Council Member Curlin arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:09 a.m., Deputy city Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO & PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY ARRIVED At 8:10 a.m., Deputy City Attorney Empeno and Al Boughey, Director of Planning & Building Services, arrived at the closed session. JOE ARIAS & CHRIS LOCKWOOD, ATTORNEYS AT LAW, MAC LACHLAN, BURFORD & ARIAS, ARRIVED At 8:13 a.m., Joe Arias and Chris Lockwood, Attorneys at Law, Mac Lachlan, Burford & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA, arrived at the closed session. CITY ADMINISTRATOR CLARK EXCUSED At 8:13 a.m., City Administrator Shauna Clark left the closed session. CITY ADMINISTRATOR CLARK RETURNED At 8:36 a.m., City Administrator Shauna Clark returned to the closed session. ADJOURN CLOSED SESSION At 8:37 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. 3 03-21-94 RECONVENE MEETING At 9:05 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 "0" 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, Miller; City Attorney Penman; city Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Member 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 Negrete. APPOINTMENTS CITY TREASURER DAVID C. KENNEDY AUTHORITY FOR THE HANDICAPPED OF SAN BERNARDINO COUNTY - ANTONIO MELENDEZ - PLANNING COMMISSION (2) In a memorandum dated February 28, recommended the appointment of City Treasurer E. Ralston, San Bernardino, CA, to the Handicapped of San Bernardino County. 1994, Mayor Minor David C. Kennedy, 505 Authority for the In a memorandum dated March 4, 1994, Mayor Minor recommended the appointment of Antonio Melendez, 374 S. Prospect Avenue, San Bernardino, CA, to the Planning Commission, as requested by Council Member Hernandez. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments of David C. Kennedy to the Authority for the Handicapped of San Bernardino county; and Antonio Melendez to the Planning Commission, be approved. COMMENDATORY RESOLUTION - DAVID BEASON (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending David Beason for his heroic action in saving the life of a mother and her two children who were trapped in a fire on March 7, 1994. Fire Chief will Wright commended Mr. Beason for his heroic actions. David Beason accepted the commendation. 4 03-21-94 COUNCIL MEMBER At 9:10 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the SERVICE PIN AWARD CEREMONY (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the City. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin Accountability Board has been the City of San Bernardino. announced that the first Youth established within the Second Ward of ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez commended Council Member Curlin for his role in the establishment of the first Youth Accountability Board. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3B) City Attorney Penman provided a synopsis of three lawsuits in which the City prevailed. ANNOUNCEMENT - MAYOR MINOR (3C) Mayor Minor stated that he met with the County Juvenile Probation Department and E. Neal Roberts, Ed.D., Superintendent, San Bernardino city Unified School District, to establish the second youth accountability board. He stated that action is being taken to establish four to seven youth accountability boards in the future, and in September 1994, it is anticipated that a youth court would be established. He also instructed Chief of Police Dan Robbins to initiate a program wherein parents would be notified if their children, under the age of 18, are associating with gang members. PUBLIC COMMENTS - JOHN STEVENS (4) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, expressed concern regarding valley fever, and the possibility of contamination resulting from the excavation required in connection with the CalMat project in Devore. 5 03-21-94 PUBLIC COMMENTS - BOB NELSON (U) Bob Nelson, Summit SR-11, Summit, CA, expressed support for freedom of speech, and expressed opposition to the action taken by the Council to reduce the amount of time available for public comments. PUBLIC COMMENTS - JEFF WRIGHT (4B) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposition to the three-minute limitation imposed comments. expressed on public PUBLIC COMMENTS - HELEN KOPCZYNSKI (4C) Helen Kopczynski, 8150 Cable Canyon Road, expressed concern regarding the Block Buster and the resulting traffic congestion. San Bernardino, CA, pavillion expansion PUBLIC COMMENTS - JOHNATHON J. SMITH (4D) Johnathon J. Smith, 182 E. Olive, San Bernardino, CA, stated that City Attorney Penman failed to disclose the cases wherein he was negligent in minimizing liability, and requested that Mr. Penman resign. RECLASSIFY - MAINTENANCE WORKER I TO MAINTENANCE WORKER II - SEWER CREW SECTION - PUBLIC SERVICES DEPARTMENT (6A) In a memorandum dated Mar7h 4, 1994, Barbara Dillon, Director of Personnel, stated that 1n order to meet scheduling and operational needs within the Sewer Crew Section, Jim Howell, Acting Director of Public Services, requested the reclassification of one Maintenance Worker I to a Maintenance Worker II. The employee currently designated as Maintenance Worker I has fulfilled all of the requirements of the Maintenance Worker II position, and is currently being trained to fulfill the duties of the Maintenance Worker II position. Approval of the reclassification would allow the employee to perform at a higher level rather than on-the-job training and would create equity amongst the sewer crew employees. The Sewer Crew section currently consists of: one Maintenance Supervisor, one Lead Maintenance Worker, six Maintenance Worker II's and one Maintenance Worker I. Funds would be expended from the sewer line maintenance fund and would cause no impact to the General Fund. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council approve the reclassification of one (1) Maintenance Worker I, Range 1275, Step 5, $2,124/month to a Maintenance Worker II, Range 1295, Step 4, $2, 235/month. 6 03-21-94 ESTABLISH - ONE ADDITIONAL ENGINEERING ASSISTANT III POSITION - PUBLIC WORKS/ENGINEERING (6B) In a memorandum dated March 4, 1994, Barbara Dillon, Director of Personnel, stated that at its meeting of September 20, 1993, the Mayor and Council approved an agreement for development of a transportation demand model. The model would be used to: satisfy the Congestion Management Program (CMP) and Intermodal Surface Transportation Efficiency Act (ISTEA) requirements; effectively assess development and redevelopment impacts on circulation; support traffic system fees based on established transportation system demand forecast; conduct a General Plan update; and establish a verifiable arterial corridor implementation plan agenda. To run, maintain and utilize the model, Roger Hardgrave, Director of Public Works/City Engineer, recommends hiring a full- time transportation modeler (Engineering Assistant III). Funding for the position is projected as follows: Economic Development Agency - 50 percent, Traffic System Fee Fund - 31 percent and Revenue from Sale of Data - 19 percent. No General Fund monies would be utilized. On February 21, 1994, the Community Development Commission approved its share of the funding. six cities have indicated a desire to join our model, and negotiations are currently taking place. consequently, if negotiations are successful, revenue would be received for the time spent on other cities' models. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor & Common Council approve the establishment of one (1) additional position for Engineering Assistant III, Range 1399, $3,245-$3,944/month, in the Public Works/Engineering Department. REORGANIZATION DELETE LIEN COORDINATOR POSITION ESTABLISH ONE ACCOUNT CLERK III POSITION - RECLASSIFY ONE BUSINESS REGISTRATION INSPECTOR TO BUSINESS REGISTRATION COORDINATOR - CITY CLERK'S OFFICE (6C) In a memorandum dated March 10, 1994, Rachel Clark, City Clerk, stated that at its meeting of March 10, 1994, the Personnel Committee voted unanimously to approve the proposed reorganization of the city Clerk's Office. It is proposed that the current Lien Coordinator position be downgraded to an Account Clerk III position and that one Business Registration Inspector position be reclassified to a Business Registration Coordinator position. The net savings realized would be $8,581. The Lien Coordinator position was established to coordinate the imposition, release and collection of property liens for the various City departments, which necessitated the skills of a higher level position to ensure the smooth running and efficiency of the program. However, a reassessment of the tasks presently related to 7 03-21-94 the lien program indicates that the responsibilities could be handled by an Account Clerk III. When the Single Family Rental Licensing Program was established in 1990, it was anticipated that the Business Registration Inspector position would be reclassified; however, that has not been realized. Consequently, in an effort to reflect the duties and anticipated assignments imposed on Cindy Buechter, Business Registration Inspector, it is proposed that she be promoted to the position of Business Registration Coordinator effective March 22, 1994. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that one (1) Lien Coordinator position be eliminated, Range 1342, $2,442- $2, 968/month; that one (1) Account Clerk III position be established, Range 1292, $l,901-$2,311/month; that a new classification of Business Registration Coordinator be established, Range 2349, $2,528-$3,072/month; that one (1) Business Registration Inspector be reclassified, Range 1310, $2,081-$2,529/month, to Business Registration Coordinator, Range 2349, $2,528-$3, 072/month; and that the Personnel Department be directed to update Resolution 6413, section Eleven, to reflect this particular action. ESTABLISH TWO ADDITIONAL PLAN CHECKER POSITIONS - DELETE TWO DEVELOPMENT PERMIT TECHNICIAN POSITIONS - PLANNING & BUILDING SERVICES DEPARTMENT (6D) In a memorandum dated March 10, 1994, Al Boughey, Director of Planning & Building Services, stated that in order to accomplish the department's goal of improving pUblic service, it is proposed that two additional Plan Checker positions be established and that two Development Permit Technician positions be deleted. The change would bring about a substantial upgrade in the level of service to the development communi ty through increased plan checking capabilities, decrease processing time for plans, expedite issuance of building permits and would reduce costs to the applicant as less plans would have to be sent out for accelerated review. There would be no impact to the General Fund since funding for the Plan Checkers would be allocated by the Economic Development Agency through its Master Services Agreement with the City. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that two (2) Development Permit Technician positions, Range 1302, $2,OOl-$2,432/month, be deleted, prior to the appointment of two additional Plan Checker positions; and that two (2) additional Plan Checker positions be established, Range 1374, $2,864-$3,481/month. 8 03-21-94 CLAIMS AND PAYROLL (9) 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 March 10, 1994, from the Finance Director, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated March 10, 1994, in accordance with civil Services Rules and Personnel Policies adopted by the Mayor and Common council of the City of San Bernardino, be approved and ratified. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that the title of each resolution and ordinance be read at the time the item is being considered. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. NON-SMOKING ORDINANCE SAN BERNARDINO CITY EDUCATION TASK FORCE RECOMMENDATIONS TOBACCO (7) In memoranda dated March 15, 1994, respectively, Council Member Curlin requested that the recommendations made by the San Bernardino city Tobacco Education Task Force be referred to the Legislative Review Committee; and Elizabeth Klonoff and Laurie TUlly-Payne, Project Coordinators for the task force, requested that a workshop be held at the Mayor and Council meeting of April 4, 1994. Discussion ensued regarding the purpose and actions taken by the San Bernardino City Tobacco Education Task Force. John expressed concerned Stevens, 4097 Pershing Avenue, San Bernardino, support for the non-smoking ordinance; however, about the smog within the City. CA, is Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the recommendations of the San Bernardino city Tobacco Education Task Force relative to the City'S non-smoking ordinance, be referred to the LegiSlative Review Committee. 9 03-21-94 SET PUBLIC HEARING PROPOSED PIONEER INCREASES - APRIL 4, 1994 - 10:00 A.M. CEMETERY FEE (8) In a memorandum dated March 14, 1994, Dan Ustation, Cemetery Superintendent, stated that the Cemetery Department began the fiscal year 1993/94 with an estimated negative balance of $40,000, and based on current expenditures, the Cemetery Fund would have a shortfall of approximately $20,000, for a total deficit of $60,000. Therefore, it is requested that a public hearing be set for April 4, 1994 at 10:00 a.m. to consider an increase in material, service and burial fees. council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that a public hearing be scheduled for April 4, 1994, at 10: 00 a. m., in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California, to discuss a proposed increase in materials, services and burial fees. RES. 94-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY. (11) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that an explanation be given relative to the services to be provided under the Master Services Agreement, and inquired whether there would be any costs to the city. City Administrator Shauna Clark explained that the city would be providing police, fire and additional services to the Inland Valley Development Agency in respect to its role as Caretaker of the Norton Air Force Base. A discussion was held regarding potential liability to the City. council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-56 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 RELATING TO THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT. (12) It was recommended that the three-minute limitation also be imposed on announcements made by the Mayor and Council. 10 03-21-94 Bob Nelson, summit SR-11, Summit, CA, expressed opposition to the adoption of said resolution which would rescind the previous unlimited two-minute extensions for public comments on items on the agenda and impose a one two-minute extension per person per meeting to be exercised at the sole discretion of the speaker. council Member Oberhelman made a motion, seconded by Council Member Miller, that the three-minute limitation also apply to announcements made by the Mayor and Council. (Note: There was no vote taken.) Discussion ensued regarding the adoption of said resolution. Council Member Miller withdrew her second to Council Member Oberhelman's motion. Council Member Oberhelman withdrew his motion. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, that said resolution be referred to the Legislative Review Committee. (Note: There was no vote taken.) A discussion was held relative to placing a three-minute limitation on announcements made by the Mayor and Council. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that said resolution, and the matter to place a three-minute limitation on the time allotted for announcements made by the Mayor and Council be referred to the Legislative Review Committee. RES. 94-57 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1992/93 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. 93-249. (13A) RES. 94-58 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING, THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1993/94 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. 93-324. (13B) City Administrator Shauna Clark explained that the new City auditor recommended a change in the appropriation limit. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. 11 03-21-94 Resolution Nos. 94-57 and 94-58 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MARSAN TURF FOR THE FURNISHING AND DELIVERY OF IRRIGATION SYSTEM MATERIALS, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-11. (14) Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked where Marsan Turf's business office was located. It was noted that Marsan Turf was the best, qualified low bidder. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-59 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 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUDWIG ENGINEERING RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (Discussed later in the meeting) (Bee Page 26) (15A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BONADIMAN ENGINEERS, INC. RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (Discussed later in the meeting) (See Page 26) (15B) It was noted that the backup had not been distributed; therefore, it would be difficult to make a decision without the appropriate documentation. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be continued. (Note: There was no vote taken.) Roger Hardgrave, Director of Public Works/City Engineer, explained that the backup material was currently being reviewed by the city Attorney's Office. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. (Note: There was no vote taken.) 12 03-21-94 It was noted that a motion to continue was on the floor. Council Member Pope-Ludlam withdrew her second to Council Member Oberhelman's motion that said resolutions be continued. The motion failed for lack of a second. A discussion was held regarding the status of said resolutions. council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that said resolutions be continued to later in the meeting. RES. 94-60 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO.6 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP NO. 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF UNIVERSITY PARKWAY BETWEEN COLLEGE AVENUE AND KENDALL DRIVE. (16A) RES. 94-61 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO.7 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP NO. 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF WATERMAN AVENUE, BETWEEN REDLANDS BOULEVARD AND BARTON ROAD. (16B) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 94-60 and 94-61 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-62 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 68, REV. 1 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO TRAFFIC SIGNAL INTERCONNECT ON MILL STREET, FROM "K" STREET TO "G" STREET. (17A) 13 03-21-94 RES. 94-63 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 69, REV. 1 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INTERCONNECTING TRAFFIC SIGNALS ON HIGHLAND AVENUE, FROM VALENCIA AVENUE TO GOLDEN AVENUE. (17B) RES. 94-64 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 70, REV. 1 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INTERCONNECTING TRAFFIC SIGNALS ON MT. VERNON AVENUE, FROM RIALTO AVENUE TO BASE LINE STREET. (17C) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 94-62, 94-63 and 94-64 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-897 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.46.120 TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING EXCESSIVE PRICE INCREASES DURING STATE OF EMERGENCY. Final (18A) ORD. MC-898 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY. Final (18B) Council Member Oberhelman made a motion, seconded by Council Hernandez, that said ordinances be adopted. Ordinance Nos. MC-897 and MC-898 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-899 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.44 RELATING TO SERVICE USERS TAX. Final (19) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be adopted. 14 03-21-94 Ordinance No. MC-899 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:33 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:41 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 "0" 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, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. PUBLIC HEARING - IMPOSE LIENS - PROPERTY WITHIN SAN BERNARDINO - UNCOLLECTED BUSINESS REGISTRATION FEES - DISCUSSED LATER IN THE MEETING - SEE PAGE 17 (20) This is the time and place set for a public hearing to impose liens on property located within the City of San Bernardino for uncollected business registration fees. In a memorandum dated March 2, 1994, Rachel Clark, City Clerk, requested authorization to impose liens on property located within the city of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if the liens were being imposed on personal rental property, and if a program was being considered to assist property owners for non- payment of business registration fees. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:42 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. A discussion ensued regarding the process for collection of business registration fees on rental property. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following properties: 2889 N. Pershing Avenue, 801 W. 17th Street, 1131 Congress Street and 2074 E. Sunrise Lane. 15 03-21-94 RES. 94-65 - 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. (Discussed later in the .eetinq) (Be. Paqe 17) (20) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Miller, that said Exhibit A of said resolution be amended by deleting the following properties: 2889 N. Pershing Avenue, 801 W. 17th Street, 1131 Congress Street and 2074 E. Sunrise Lane; and that said resolution be adopted. The motion carried and Resolution No. 94-65 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. PUBLIC HEARING - MODIFY FEES - FACILITIES, EQUIPMENT & SERVICES PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT - DISCUSSED LATER IN THE MEETING - SEE PAGE 17 (21) This is the time and place set for a public hearing to establish and modify fees for use of public facilities, parks, recreation buildings, swimming facilities and certain equipment and services under the jurisdiction of the Parks, Recreation & Community Services Department. In a memorandum dated February 21, 1994, Annie Ramos, Director of Parks, Recreation & Community Services Department, stated that the purpose of the resolution is to combine previous amendments and to modify existing fees for use of facilities, equipment and services provided by the Parks, Recreation & Community Services Department. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the increase in fees. city Administrator Shauna Clark explained that the fees were being consolidated and there was no increase in fees. Gloria castillo, 4964 Crescent street, San Bernardino, CA, stated that she received notice that a lien would be imposed on her property. 16 03-21-94 It was the consensus of the Council that the matter to impose liens on real property located within the City be reconsidered. RECONSIDERATION PUBLIC HEARING RES. 94-65 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. (Discussed earlier in the meeting) (See Page 15) (20) This is the time and place set to reconsider action taken to impose liens on real property located within the City of San Bernardino for uncollected business registration fees. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, to reconsider the previous action taken. Mayor Minor opened the hearing. Gloria castillo, 4964 Crescent Street, San Bernardino, CA, stated that she was notified that a lien would be placed on her property for uncollected business registration fees in respect to rental property; however, she is living in the dwelling and has not had the time to complete the documentation previously sent to her. City Clerk Rachel Clark recommended that the property located at 4964 Crescent Street be deleted from Exhibit A of said resolution to allow the matter to be resolved by the City Clerk's Office. Council Member Oberhelman made a motion, seconded by Council Member Negrete, to ratify the previous action taken that the hearing be closed; that Exhibit A of said resolution be amended by deleting the following properties: 2889 N. Pershing Avenue, 801 W. 17th Street, 1131 congress Street and 2074 E. Sunrise Lane; that said resolution be adopted; and that the property located at 4964 Crescent Street be deleted from Exhibit A and referred to the Executive Assistant to the Mayor for possible resolution. The motion carried and Resolution No. 94-65 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - MODIFY FEES - FACILITIES, EQUIPMENT & SERVICES PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 16 (21) 17 03-21-94 This is the time and place continued for a public hearing to establish and modify fees for use of pUblic facilities, parks and recreation buildings, swimming facilities and certain equipment and services under the jurisdiction of the Parks, Recreation & Community services Department. RES. 94-66 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND MODIFYING FEES FOR USE OF PUBLIC FACILITIES, INCLUDING PUBLIC PARKS, RECREATION BUILDINGS, AND SWIMMING FACILITIES, AND CERTAIN EQUIPMENT AND SERVICES UNDER THE JURISDICTION OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, AND REPEALING RESOLUTIONS 91-35, 92-141, 93-75 AND 93-172. (21) Council Member Oberhelman 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 Oberhelman, that said resolution be adopted. Resolution No. 94-66 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO POMONA VALLEY KAWASAKI FOR THE FURNISHING AND DELIVERY OF NINE (9) EACH, POLICE PATROL MOTORCYCLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-12. (continued from March 7, 1994) (22) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-67 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE APPROVAL AND AWARD OF GRANT NO. 07-49-02680 FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR CONSTRUCTION OF WATER, SEWER AND ROAD IMPROVEMENTS WITHIN NORTH A.F.B. (continued from March 7, 1994) (23) City Attorney Penman stated that the grant provides $7,000,000 to the Inland Valley Development Agency; however, the City would have to assume clean-up costs associated with Norton Air Force Base. He stated that Tim Sabo, Special Counsel to the Economic Development Agency, has been working with the Federal government, and the Federal government has agreed to amend the agreement after the agreement has been approved. 18 03-21-94 Discussion ensued regarding clean-up costs associated with Norton Air Force Base, and the adoption of said resolution. Alex Estrada, Project Manager, Inland Valley Development Agency, 201 North "E" street, San Bernardino, CA, explained that the City is a co-applicant with the Inland Valley Development Agency for a Federal grant provided by the Economic Development Administration. He read an excerpt from a letter dated March 4, 1994, which indicates that the District Regional Office would not amend special conditions of a grant prior to acceptance; however, after approval, the regional office would be delegated authority to amend the grant. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. (Note: The vote was taken after discussion.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the clean-up of Norton Air Force Base, and expressed opposition to the adoption of said resolution. Discussion continued regarding the resolution. adoption of said Resolution No. 94-68 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECEIVE & FILE - FISCAL YEAR REPORT BUDGET MEASURES CONTINUED FROM MARCH 7, 1994 1993/94 FISCAL MID-YEAR BUDGET YEAR 1994/95 (24) This is the time and place continued to receive and file the mid-year budget report for fiscal year 1993/94, and to discuss and take possible action on fiscal year 1994/95 budget measures. In memoranda dated March 16, 1994 and March 8, 1994, respectively, Shauna Clark, City Administrator, recommended that the mid-year budget report for fiscal year 1993/94 be received and filed, and that discussion and possible action be taken on fiscal year 1994/95 budget measures. Council Member Oberhelman explained that input from citizens and members of the various unions were used to compile a list of 75 cost saving and revenue generating suggestions. Discussion ensued relative to possible fiscal year 1994/95 budget-reducing measures. CITY ATTORNEY PENMAN EXCUSED At 11:18 a.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 19 03-21-94 council Member Hernandez made a motion, seconded by Council Member Negrete, that Council Member Oberhelman's list of cost saving and revenue-generating suggestions be referred to the City Administrator. (Note: There was no vote taken.) Discussion continued regarding fiscal year 1994/95 budget- reducing measures. Council Member Oberhelman made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the mid- year budget report for fiscal year 1993/94, be received and filed. There was no action taken on fiscal year 1994/95 budget- reducing measures. RES. 94-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. (Continued from February 7, 1994) (25) A discussion was held regarding the action taken to mitigate the indemnification issue which was raised at the Mayor and Council meeting of February 7, 1994. Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted; and that the Director of Risk Management be directed to purchase general liability and auto liability insurance to cover the City of San Bernardino while providing animal control services for the city of Fontana. The motion carried and Resolution No. 94-69 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO SECTION 13.08.060 OF THE MUNICIPAL CODE "CONNECTION FEES TO APPLY PRO RATA WHEN." later in the meeting) (Bee Page 25) First AMENDING ENTITLED (Discussed (26) Council Member Hernandez made a motion, seconded Member Negrete, that said ordinance be laid over adoption. (Note: There was no vote taken.) by Council for final Discussion ensued regarding the definition of "pro rata when", whereas the new user would only be charged for additional sewer connection fees to meet the higher capacity, and whether or not the fees would be reduced when requirements decrease. 20 03-21-94 council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to later in the meeting. FUNDING REQUEST - CIVIC & PROMOTIONAL FUND - $6,000 - RITES OF SPRING & INDIAN SUMMER CONCERTS PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT - CONTINUED FROM MARCH 7, 1994 (27A) This is the time and place continued to consider a request for funds in the amount of $6,000 to conduct the Rites of Spring and Indian Summer concerts. Council Member Miller made a Member Devlin, that the request for for the Rites of Spring and the approved. The motion carried by the following vote: Ayes: Members Negrete, curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. motion, seconded by Council funds in the amount of $6,000 Indian Summer Concerts, be Council Miller. FUNDING REQUEST - CIVIC & PROMOTIONAL FUND - $12,553 - 1994 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT CONTINUED FROM MARCH 7, 1994 (27B) This is the time and place continued to consider a request for funds in the amount of $12,553 to conduct the 1994 4th of July celebration to be held at Seccombe Lake Park. Council Member Miller made a Member Devlin, that the request from funding assistance in the amount connected with the 1994 4th of July Park, be approved. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. motion, seconded by Council the 4th of July Committee for of $12,553 to cover costs celebration at Seccombe Lake Council Miller. FUNDING REQUEST - CIVIC & PROMOTIONAL FUND - $2,000 - CITY HALL OPEN HOUSE - MAY 19, 1994 (27C) In a memorandum dated March 7, 1994, Rachel Clark, City Clerk, stated that the city Hall open House Committee is requesting financial assistance in the amount of $2,000 to assist with the May 19, 1994 Open House activities. 21 03-21-94 council Member Miller made a motion, seconded by Council Member Devlin, that the request of the City Hall Open House Committee for funding assistance in the amount of $2,000 from the civic & Promotional Fund to assist with the May 19, 1994 Open House activities, be approved. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Council Member Oberhelman. Absent: None. AUTHORIZE CLAIM - SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) - SB 821 FUNDS - SIDEWALK REPAIR (28) In a memorandum dated March 7, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that Senate Bill (SB) 821 stipulates that two percent of the Local Transportation Fund be allocated for construction of bicycle and pedestrian facilities. The funds are apportioned by San Bernardino Associated Governments (SANBAG) to finance highest priority projects recommended by participating local agencies. Therefore, submitted herein is a list of projects for reimbursement from SANBAG, totalling an approximate claim amount of $161,504.56, of which $52,653.69 would be reimbursed to the Economic Development Agency. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Public Works/City Engineer be authorized to file a claim with SANBAG for SB 821 funds expended for installation of sidewalk repair. RES. 94-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF TWENTY-SIX (26) POLICE PATROL VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-16. (S-~ RES. 94-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ED BUTTS FORD FOR THE FURNISHING AND DELIVERY OF EXTENDED SERVICE PLANS FOR TWENTY-SIX (26) POLICE PATROL VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-16. (S-lB) RES. 94-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE A-III ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 33915 TO FORD MOTOR CREDIT COMPANY FOR THE FINANCING OF TWENTY-SIX (26) POLICE PATROL VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-16. (&-1C) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolutions be adopted. 22 03-21-94 Resolution Nos. 94-70, 94-71 and 94-72 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 11:53 a.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno; city Clerk Rachel Clark. Absent: City Administrator Shauna Clark. PUBLIC HEARING BICYCLE FACILITIES CONTINUED FROM MARCH 7, 1994 MASTER PLAN (29) This is the time and place continued to consider the adoption of the Bicycle Facilities Master Plan. In a memorandum dated March 3, 1994, Al Boughey, Director of Planning & Building Services, stated that the adoption of the proposed Bicycle Facilities Master Plan is subject to the California Environmental Quality Action (CEQA). At its meeting of January 20, 1994, the Environmental Review Committee reviewed the initial study and recommended the preparation of a negative declaration. On January 23, 1994, the 30-day review period commenced and ended on February 23, 1994. Having received no significant comments, at its meeting of February 24, 1994, the Environmental Review Committee adopted the negative declaration and recommended approval of the Bicycle Facilities Master Plan. In a report dated February 23, 1994, the Bicycle Facilities Master Plan Task Force in conjunction with The Dike Partnership, Inc., submitted the final draft of the San Bernardino Bicycle Facilities Master Plan. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to the adoption of the Bicycle Facilities Master Plan. 23 03-21-94 James Dockstader, Project Landscape Architect, The Dike Partnership, Inc., One Venture, suite 100, Irvine, CA, provided an overview, and answered questions regarding the San Bernardino Bicycle Facilities Master Plan. Peggy questions allocation Ducey, Assistant to the City Administrator, regarding the total implementation costs of funds. answered and the Discussion ensued regarding the San Bernardino Bicycle Facilities Master Plan and its implementation schedule. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the adoption of the Bicycle Facilities Master Plan, and inquired if Phase I of the plan included amenities such as bicycle racks. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern regarding the fact that the Bicycle Facilities Master Plan had not been brought before the Planning commission prior to being heard before the Mayor and Council. A discussion was held regarding the timeframe involved for acceptance of the $67,000 grant to assist in the implementation of the San Bernardino Bicycle Facilities Master Plan. Bob Nelson, Summit SR-ll, summit, CA, expressed support for the adoption of the Bicycle Facilities Master Plan. RES. 94-73 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE BICYCLE FACILITIES MASTER PLAN. (Continued from Karch 7, 1994) (29) Mr. Dockstader answered questions regarding the implementation schedule for the Bicycle Facilities Master Plan. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-73 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93- 11 - OFF-FREEWAY SIGN - INNOVATIVE GRAPHICS, INC. SCOTTISH RITE TEMPLE PROPERTY - CONTINUED FROM JANUARY 24, 1994 (30) 24 03-21-94 This is the time and place continued to consider an appeal of the Planning commission's denial of variance No. 93-11 to construct an off-freeway sign on the Scottish Rite Temple property located between Interstate 215 and Varsity Avenue, on the west side of University Parkway. Mayor Minor opened the hearing. Mayor Minor stated that he had received a facsimile dated March 21, 1994, from Karl N. Haws, Mundell, OdIum & Haws; Attorneys at Law, 275 West Hospitality Lane, suite 300, San Bernardino, CA, representing the Scottish Rite Temple and Hughes Markets, wherein he requests that the matter be continued to May 2, 1994. council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to May 2, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 94-74 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, EXPRESSING OPPOSITION TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL COMPREHENSIVE PLAN (RCP) AS CURRENTLY PROPOSED. (31) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-74 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 RETURNED At 2:44 p.m., City Administrator Shauna Clark returned to the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 13.08.060 OF THE MUNICIPAL CODE ENTITLED "CONNECTION FEES TO APPLY PRO RATA WHEN." (Discussed earlier in the meeting) (See Page 20) First (26) This is the time and place continued to consider the adoption of an ordinance amending Section 13.08.060 of the Municipal Code entitled "connection fees to apply pro rata when". Bernie Kersey, General Manager, Water Department, answered questions regarding the pro rata application to connection fees, and stated that the pro rata does not apply when a reduction of sewer usage is experienced. 25 03-21-94 SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 2: 49 p.m., Senior Assistant City Attorney Barlow arrived at the Council meeting and replaced Deputy City Attorney Empeno. Concern was expressed relative to applying the same principle when a reduction in sewer usage is experienced, and whether or not an individual can carry forward previously paid sewer capacity rights. Mr. Kersey explained the differences between the sewer connection fees and the sewer line construction fund. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 2: 52 p.m., Council Member Pope-Ludlam left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the LegiSlative Review Committee to address the issue of providing a fee reduction when sewer use decreases. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUDWIG ENGINEERING RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (Discussed earlier in the meeting) (See Page 12) (15A) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BONADIMAN ENGINEERS, INC. RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (Discussed earlier in the meeting) (See Page 12) (15B) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolutions be adopted. (Note: There was no vote taken.) Jeff wright, P. O. Box 2341, San Bernardino, CA, expressed concern because the item had not been made available for public review 72 hours prior to the meeting. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that the matter be continued to April 4, 1994, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. The substitute motion failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Miller. Nays: Council Members Negrete, Hernandez. Abstain: Council Member Curlin. Absent: Council Member Pope-Ludlam. 26 03-21-94 council Members Negrete, Hernandez and Curlin changed their votes to reflect their concurrence. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: None. Absent: Council Member Pope-Ludlam. council Miller. RECESS MEETING At 2:57 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:05 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Rachel Clark city Clerk. Absent: Council Member Curlin, City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3: 05 p. m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development commission items. acting as the on Community COUNCIL MEMBER CURLIN RETURNED At 3:07 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RES. 94-75 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE BETHLEHEM HOUSE PROJECT. (R-4) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-75 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 27 03-21-94 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING A CERTAIN PUBLIC IMPROVEMENT PROJECT FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA (SAN MARCOS STREET IMPROVEMENT PROJECT). (R-8C) Council Member Hernandez made a motion, seconded Member Curlin, and unanimously carried, that the continued to April 4, 1994, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, RECESS MEETING At 4:14 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:24 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Member Hernandez, City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:24 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Communi ty COUNCIL MEMBER HERNANDEZ RETURNED At 4: 28 p. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. CITY CLERK RACHEL CLARK EXCUSED At 5:45 p.m., city Clerk Rachel Clark left the Council meeting and was replaced by Deputy city Clerk Cordova. 28 03-21-94 ADJOURNMENT (32) At 5:50 p.m., the regular meeting of the Mayor and Common Council adjourned. The next meeting will be held on Monday, April 4, 1994, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK city Clerk By: -~',~~ /:~~ utanna Cordova D~puty City Clerk No. of Items: 59 No. of Hours: 8 29 03-21-94