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HomeMy WebLinkAbout06-20-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 20, 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 8:01 a.m., Monday, June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Senior Assistant City Attorney Morillo announced that the following additional case would be discussed in closed session, conference with legal counsel - existing litigation, pursuant to Government Code Section 54956.9 (a): Countv of San Bernardino vs. City of Colton - Riverside Superior Court Case No. 242968. RECESS MEETING - CLOSED SESSION At 8:01 a.m., the Mayor and Common Council Commission recessed to closed session for the following: (1) and Community Development 1. Pursuant to Government Code Section 54956.9 (a): (A) Conference with legal counsel - existing litigation: (1) Citv of San Bernardino vs. Fireman's Fund - San Bernardino Superior Court Case No. 271849; (2) City of San Bernardino vs. Barush Babai. et al - San Bernardino Superior Court Case No. 266543. (B) Conference with legal counsel - anticipated litigation: (1) Initiation of litigation pursuant to Subdivision (c) of Subsection 54956.9: two potential cases. 1 6/20/94 CLOSED SESSION At 8:01 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; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Also present: Deputy City Attorney Simmons, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. COUNCIL MEMBERS POPE-LUDLAM & MILLER ARRIVED At 8:07 a.m., Council Members Pope-Ludlam and Miller arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:11 a.m., Deputy City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8: 13 a.m., Deputy City Attorney Empeno arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale 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. ADJOURN CLOSED SESSION At 8:55 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:00 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Hernandez, Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. 2 6/20/94 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM RETURNED At 9:02 a.m., Council Members Hernandez and Pope-Ludlam returned to the Council meeting and took their places at the council table. CLOSED SESSION ACTION (I-A-2) Citv of San Bernardino vs. Barush Babai. et al - San Bernardino Superior Court Case No. 266543. Senior Assistant City Attorney Morillo announced that the following action was taken in closed session relative to I(A)(2), the collection of a nuisance abatement lien for property located at 2568 Piedmont: the Council unanimously approved a settlement agreement which would have the property owner pay $30,000 to the City over five (5) years at five percent (5 %) interest, with the obligation secured by a deed of trust on the property. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 9:03 a.m., Senior Assistant City Attorney Morillo left the Council meeting and was replaced by Deputy City Attorney Roth. EMPLOYEE RECOGNITION AWARDS - FIRST QUARTER OF 1994 (2-A-l) In a memorandum dated June 8, 1994, Les Fogassy, Chairman, Employee Recognition Award Selection Committee, stated that the Committee has chosen the following employees as recipients of Employee of the Quarter Award for the First Quarter of 1994, in each of their respective categories: Debi Biggs Richard Angier, Sr. Gordon Sinn Debra Kreutzer Management/Confidential Mid-Management Safety General APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBER HERNANDEZ (2-B-l - 4 & S-2) In memoranda dated June 8, and June 15, 1994, Mayor Minor and Council Member Hernandez requested that the following appointments be approved: MAYOR MINOR Community Development Citizens Advisory Committee - Mike Hough Community Development Citizens Advisory Committee - Douglas Rowand 3 6/20/94 MAYOR MINOR Human Relations Commission - Rebecca Smith Board of Water Commissioners - Judy Redeker COUNCIL MEMBER HERNANDEZ Park and Recreation Commission - Gordon McGinnis Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments recommended by Mayor Minor and Council Member Hernandez, be approved. AMBASSADOR OF GOODWILL CERTIFICATES - SISTER CITIES - EXCHANGE STUDENTS (2-C) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the exchange students receiving Ambassador of Goodwill Certificates: HERZLlYA, ISRAEL: Jennifer Secofsky, Carrie Beard, Beth Martin and Emily Kistner. TACHIKAWA, JAPAN: Scott Beck, Kelly Marks, Jennifer Muga, and Chris Younkman. Mayor Minor presented Ambassador of Goodwill Certificates to these students. COMMENDATION - COMMUNITY INVOLVEMENT THROUGH YOUTH PROGRAM (C.LT.Y.) - SAN BERNARDINO HIGH SCHOOL (2-D) Pat Leathers, Volunteer Coordinator, Mayor's Office, read the names of the twenty-four San Bernardino High School students who would be receiving certificates of commendation for their participation in the Community Involvement Through Youth Program, C.LT.Y.: Stacey Adams, Scott Beck, Anaka Brown, Ignacio Cortez, Claudia Cruz, Fabiola Esqueda, Joel Eusquiano, Ruth Flores, Patricia Garcia, Christine Gray. Amanda Huls, Christina Huls, Tanita Jackson, Jerome Johnson, Shaneika Johnson, Haio Le, Tuan Le, Juana Luna, Crystal McGee, Elizabeth Malancharuvil, Joseph Martinez, Maria Mejia, Nereida Ochoa, Jose Ortiz, Angel Ramirez, Dolores Ramirez, Veronica Ramirez, and Randy Scarborough. 4 6/20/94 SERVICE PIN AWARD CEREMONY (2-A-2) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the employees 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. PUBLIC COMMENTS - MANUEL HERNANDEZ (4) Manuel Hernandez, 3239 North Wall, San Bernardino, CA, President of the Kiwanis Club of Greater San Bernardino, submitted a letter of support dated June 18, 1994, commending Casa Ramona on the opening of a forty-four unit Ramona Senior Housing Project. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin stated that the next Second Ward Town Hall meeting would be held Wednesday, July 6, 1994, at 6:30 p.m., at the Perris Hill Senior Citizens Service Center located at 780 East 21st Street, San Bernardino, CA. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3-A) Council Member Oberhelman expressed admiration and support for the efforts of the Inland Congregations United for Change, I.C.U.C., to help youth and the community. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3-B) Council Member Devlin congratulated the recent graduates of the many educational institutions in the community, and gave special recognition to Judy Handleman and Alicia Tuttle on their graduation. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3-C) Council Member Miller expressed admiration and support for the efforts of the Inland Congregations United for Change, I.C.U.C., to help youth and the community. PUBLIC COMMENTS - LARRY SINGLETON (4-A) Larry Singleton, 265 West 21st Street, San Bernardino, CA, expressed opposition to the three minute limit for public comments. 5 6/20/94 PUBLIC COMMENTS - GARY KIRBY (4-B) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the three minute limit on public comments, and expressed concern regarding the lack of decorum at recent council meetings. PUBLIC COMMENTS - BRIAN BOST ( 4-C) Brian Bost, Easter Seal Society, 241 East 9th Street, San Bernardino, CA, stated that June 26, 1994 is the 50th Anniversary of the Easter Seal Society in the City of San Bernardino; and presented the Telecommunications Division staff with plaques in appreciation for their assistance with the Easter Seal telethon. Frank Keller, CATV Manager, and Mansie Booker, Video Production Coordinator, Telecommunications Division accepted the plaques. PUBLIC COMMENTS - TERRY MOLL (4-D) Terry Moll, 6705 North Stephen Way, San Bernardino, CA, referring to a recent article in The Sun, stated that any allegations of improprieties on the part of elected officials should be referred to the District Attorney for proper action. PUBLIC COMMENTS - JEFF WRIGHT (4-E) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the three minute limit on public comments. COUNCIL MEMBER MILLER EXCUSED At 9:45 a.m., Council Member Miller left the Council meeting. CLAIMS AND PAYROLL (15) 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 May 27, 1994, from the Finance Director, be approved. REORGANIZE POSITIONS - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (7) In a memorandum dated June 10, 1994, Barbara Dillon, Director of Personnel, stated that Annie Ramos, Director of Parks, Recreation and Community Services Department, has requested a reorganization of the department in an effort to realign positions and duties in a manner commensurate with the needs of the department. 6 6/20/94 The department has two Account Clerk II positions. The request is to upgrade one Account Clerk II position to an Account Clerk III, and downgrade one Account Clerk II position to a Typist Clerk II, which would result in an overall salary savings of approximately $3,300 in the first year. The action is being requested due to a vacancy in one position, which provides an opportunity to realign and downgrade the position with no impact to current employees. Staff recommends that the Mayor and Council downgrade one Account Clerk II (Range 1263, $1,647 - $2,00l/month) to a Typist Clerk II (Range 1243, $1,489 - $1,809/month), and upgrade one Account Clerk II (Range 1263, $1,647 - $2,00l/month) to an Account Clerk III (Range 1292, $1,901 - $2,311/month). Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that one (1) Account Clerk II (Range 1263, $1,647-$2,001/month) be downgraded to a Typist Clerk II (Range 1243, $1 ,489-$1 ,809/month); that one (1) Account Clerk II (Range 1263, $1 ,647-$2,00l/month) be upgraded to an Account Clerk III (Range 1292, $1,901-$2,31l/month); and that the Personnel Department be directed to update Resolution No. 6413, Section Ten, to reflect this action. COUNCIL MEMBER MILLER RETURNED At 9:46 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. COUNCIL MEMBER HERNANDEZ EXCUSED At 9:46 a.m., Council Member Hernandez left the Council meeting. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that further reading of the titles of all resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. AUTHORIZE DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO APPLY FOR & ACCEPT GRANT - SUMMER FOOD SERVICE PROGRAM - UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) (8) In a memorandum dated May 27, 1994, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that the Federally funded Summer Lunch Program has been operating since 1980. During the summer of 1993. thirty-three (33) serving stations were established at locations in the City of San Bernardino serving approximately 1,700 meals per day. The Summer Lunch Program provides nutritional help to children who would otherwise be deprived of food assistance received at other times of the year under the National School Lunch Program. Meal preparation and delivery are contracted with the San Bernardino City 7 6/20/94 Unified School District. The program is funded from the United States Department of Agriculture (USDA) Grant, and no general fund monies are required. Approximately $7,200 in administrative costs and $10,000 in operational costs are reimbursed to the City. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and accept a grant from the United States Department of Agriculture (USDA) for the administration of the Summer Food Service Program for children for the summer of 1994. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: May 2, 1994. RES. 94-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-133 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED At 9:50 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. RES. 94-134 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE APPOINTMENT OF A MAYOR PRO TEMPORE ON A ROTATION BASIS. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 8 6/20/94 Resolution No. 94-134 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-906 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.10.010 BY INCREASING THE CHARGE FOR THE COLLECTION OF RETURNED CHECKS. Final (11) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-906 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CATHOLIC CHARITIES, INC., DIOCESE OF SAN BERNARDINO, TO PROVIDE SENIOR AIDES TO CITY WORK SITES. (12) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-135 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (13) Ernest Wilson, Affirmative Action Officer, Mayor's Office, answered questions regarding the pre-employment testing procedure for candidates of the Police Department. Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. 9 6/20/94 Resolution No. 94-136 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INLAND MOTORS FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH, COMPACT PICKUP TRUCKS TO BE UTILIZED BY THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-94-17. (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-137 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (16) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 9, 1994, 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. INSTALL BOX CULVERT - "H" STREET, NORTH OF KENDALL DRIVE- APPROVE PLANS & ADVERTISE FOR BIDS (18) In a memorandum dated June 6, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a reinforced concrete box culvert have been prepared, and the project is ready to be advertised for bids. The project consists of installing a box culvert with a capacity of four lanes and reconstructing the approach roadways to match the top of the structure. The total estimated project cost is $510,500. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for installation of a reinforced concrete box culvert on "H" Street, at the Devil's Canyon Diversion Channel, in accordance with Plan No. 9027, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 10 6/20/94 RES. 94-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISERS' DETERMINATION OF FAIR MARKET VALUE OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF MT. VERNON A VENUE AND RIALTO AVENUE FOR THE ACQUISITION OF 300 SQUARE FEET FOR A STREET AND HIGHWAY EASEMENT, IN SAN BERNARDINO, CALIFORNIA, AND CERTIFYING THE WORK OF THE APPRAISERS. (19) Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked if the project proponents on this matter would reimburse the City for the cost of the easement. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-138 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (17) This is the time and place set for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated June 1, 1994, Rachel Clark, City Clerk, requested authorization to impose liens on parcels of property for uncollected business registration fees. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following addresses: 2098 (aka 2096) Macy Street, 2719 Sierra Way, 1859 North Pico Avenue, 1631 East Highland Avenue, 799 North "H" Street, 2035 East Sunrise Lane, and 1955 East Marshall Boulevard. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to imposing liens on property for uncollected business registration fees. RES. 94-139 - 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. (17) 11 6/20/94 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing be closed. COUNCIL MEMBER CURLIN EXCUSED At 10:02 a.m., Council Member Curlin left the Council meeting. Council Member Miller made a motion, seconded by Oberhelman, that said resolution be adopted, and that Exhibit "A" be amended to delete the following addresses: 2098 (aka 2096) Macy Street, 2719 Sierra Way, 1859 North Pico Avenue, 1631 East Highland Avenue, 799 North "H" Street, 2035 East Sunrise Lane, and 1955 East Marshall Boulevard. The motion carried, and Resolution No. 94-139 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Curlin. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING FOR CAROUSEL MALL, CITY HALL AND VARIOUS OTHER CITY FACILITIES. (20) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 956 AND 968. (22) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 982. (23) Ernest Wilson, Affirmative Action Officer, Mayor's Office, answered questions regarding the Minority Business Enterprise/Women Business Enterprise, MBE/WBE, program and goals; and explained that there are provisions to waive the MBE/WBE requirements if a contractor can provide evidence that a good faith effort has been made to meet the goals. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. (Note: There was no vote taken.) COUNCIL MEMBER CURLIN RETURNED At 10:08 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Shauna Clark, City Administrator, explained the Minority Business Enterprise/Women Business Enterprise, MBE/WBE, program and goals. 12 6/20/94 Roger Hardgrave, Director of Public Works/City Engineer, stated that since the MBE/WBE program was established in March of 1994, nine projects have contained the MBE/WBE requirements, and that the MBE/WBE requirements have only been waived for one project. Mr. Hardgrave stated that a goal of 15% was established for minority businesses, and to date 16.9% have met those requirements. A goal of 5% was established for female businesses, and to date 6.6% have met those requirements. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that only businesses located within the City should be granted contracts. City Administrator Clark explained the Charter and Municipal Code bid provisions, and recommended that an administrative review clause be added to contracts which would allow the City to put a contractor on administrative review and be eliminated from future bidding processes if the quality of the service provided by the contractor does not meet contract specifications. Gary Kirby, 1505 Yardley, San Bernardino, CA, felt that the City should focus on the quality of the work provided, and not meeting quotas for contractors. Discussion ensued regarding the bid process, the MBE/WBE program goals, and the proposed administrative review process recommended by City Administrator Clark. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Negrete, that said resolutions be approved for a ninety day period, and that the proposed administrative review procedure recommended by City Administrator Clark be reviewed by the Legislative Review Committee. (Note: There was no vote taken.) Deputy City Attorney Roth recommended against a temporary approval of the contract, and urged the Mayor and Council to either approve or deny the contract. Discussion ensued regarding the quality of work performed by Mentone Turf Supply on prior contracts, the bid process, how to create a more effective system for oversight and management on landscaping contracts, and the proposed administrative review procedure recommended by City Administrator Clark. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that Items 20,22, and 23, be continued to June 24, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 94-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC. FOR WIDENING BRIDGES ON KENDALL DRIVE AND CAJON BOULEVARD OVER DEVIL CANYON CHANNEL. (21) 13 6/20/94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that the Glen Helen Blockbuster Pavilion pay for the bridge improvements. Concern was expressed whether the contractor met the MBE/WBE goals. Ernest Wilson, Affirmative Action Officer, Mayor's Office, stated that the contractor exceeded the MBE/WBE goal by 1.4 % . Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-140 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS ORALLEYS, OR PORTIONS THEREOF . . .;" AND AUTHORIZING THE REMOVAL OF THE TWO-HOUR PARKING LIMITATION ON THE WEST SIDE OF "D" STREET BETWEEN SIXTEENTH STREET AND TWO-HUNDRED FEET NORTH OF SIXTEENTH STREET. (24) Roger Hardgrave, Director of Public Works/City Engineer, explained that the business owners in the area requested the removal of the parking restrictions. Gary Kirby, 1505 Yardley, San Bernardino, CA, requested clarification on the location of the parking restrictions. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to imposing a two- hour parking limit any where in the City. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-141 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 14 6/20/94 RES. 94-142 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY LOCATED SOUTH OF DUMAS STREET AND WEST OF WATERMAN AVENUE, TO HELEN BANKHEAD, A WIDOW. (25) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification on this matter. Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-142 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE SCHEDULE FOR PROVIDING PROFESSIONAL SERVICES IN CONNECTION WITH THE EAST V ALLEY SUB AREA TRAFFIC FORECASTING MODEL. (26) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification on the fees that would be charged for the traffic forecasting information. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-143 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-144 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LOCAL AGENCY-STATE AGREEMENT NO. B.L.A. 10-94, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE CONSTRUCTION OF BICYCLE LANES ON UNIVERSITY P ARKW A Y AND NORTHPARK BOULEVARD, BETWEEN STATE/VARSITY STREET AND ELECTRIC AVENUE. (27) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern about the cost for providing the bicycle lanes. 15 6/20/94 Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted; and that the transfer of $11,930, from Account No. 111-102-53150, "Professional/Contractual Services," to Account No. 242-362-57489, "Bicycle Lanes - University Parkway and Northpark Boulevard," in order to provide the 15 % local agency matching requirement, be approved. The motion carried, and Resolution No. 94-144 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN IN AN EXISTING CITY SEWER EASEMENT AT THE NORTHWEST CORNER OF HALLMARK PARKWAY AND UNIVERSITY PARKWAY; AND RESCINDING RESOLUTION NO. 94-89. (28) Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that Arco Products pay for the relocation of the monument sign. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-145 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:51 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 11 :02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: City Administrator Clark. 16 6/20/94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11 :02 a.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. RES. 94-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO UNDERWOOD CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF PLAYGROUND EQUIPMENT IN ENCANTO PARK. (R-4) Council Member Curlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-146 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. SALVATION ARMY SUBSTITUTE PAYEE PROGRAM (R-S) In a memorandum dated June 15, 1994, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that on January 24, 1994, the Mayor and Council approved Community Development Block Grant (CDBG) funding for the Salvation Army Substitute Payee Program in the amount of $7,500. The agreement for CDBG funding was sent to the San Bernardino Office of the Salvation Army for execution; however, due to administrative changes within the Salvation Army organization, the agreement was not executed until after the expiration date of the resolution. Therefore, the authorization to execute the agreement was rescinded. Consequently, it is appropriate for the Mayor and Common Council to authorize the Mayor and City Clerk to execute the agreement between the City and the Salvation Army - San Bernardino, Corps., for the Salvation Army Substitute Payee Program. Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council authorize the Mayor and City Clerk to execute an agreement between the City and the Salvation Army - San Bernardino Corps. WEST SIDE PLAZA SHOPPING CENTER - INTERIM CONSTRUCTION LOAN - NEW FRONTIER COMMERCIAL PROPERTIES (R-ll) In a memorandum dated June 14, 1994, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that on June 9, 1994, the Redevelopment Committee approved a $500,000 interim construction loan to the West Side Plaza Shopping Center located on the northeast corner of Medical Center Drive and Baseline Street, to be repaid upon receipt of a pending $500,000 Section 108 loan from the United States Department of Housing and Urban Development (HUD). 17 6/20/94 HUD has now approved the Section 108 loan; however, it may not be possible to secure interim fInancing from HUD to meet the July 1, 1994 deadline for repayment of the loan. In discussion with the shopping center's owners and staff, it was decided to jointly seek an extension of the loan from the bank, with evidence of the HUD 108 Loan approval being provided to the bank. Still it is not guaranteed that this request for an extension would be approved; therefore, it is prudent to have an alternative plan for repayment of the loan amount. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council authorize the Mayor and Executive Director to execute all documents necessary to process and secure an approved Federal Section 108 loan for the West Side Plaza Shopping Center. RECESS MEETING At 11:58 a.m., Mayor Minor recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:01 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; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Member Miller; City Administrator Shauna Clark. PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 93-01 - VARIANCE NO. 93-07 - STUBBLEFIELD ACCESS AGREEMENT - CONTINUED FROM JUNE 6, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 21 (50) This is the time and place continued to for a public hearing on Development Agreement No. 93-01 and Variance No. 93-07, Stubblefield Access Agreement. In a memorandum dated June 15, 1994, Al Boughey, Director of Planning and Building Services, stated that the Stubblefield Construction Company is requesting approval of a variance to permit a substandard secondary access route, and a development agreement to vest this access on property consisting of approximately 20 acres located on the east side of Highway 330, approximately 1,300 feet north of Highland Avenue in the RS, Residential Suburban, land use designation. The development agreement addresses two parcels: the first consisting of approximately 15 acres on which the actual residential development would occur and a five acre parcel which would contain the proposed secondary access. The applicant is responsible for improvements, including through access, on the 15 acre parcel related to a future single-family 18 6/20/94 development, subject to the requirements/standards in effect at the time of development; and for the establishment of the substandard secondary access, as described in the development agreement, if the City does not require a standard secondary access route to be constructed. The Metropolitan Water District (MWD) is proposing to construct the Inland Feeder Pipeline Project which is a fourteen foot pipeline that would carry water. The Inland Feeder Pipeline would follow the foothills from the Devil Canyon Portal, north of California State University, San Bernardino, eastward, and is proposed to cross under Highway 330, south along the alignment of the East Frontage Road and across HigWand Avenue, and would extend south through the City of Highland. The pipeline would cross under Highway 330 in the vicinity of the property owned by the Stubblefields which is being considered in the development agreement. MWD is considering three possible crossings under Highway 330, and is preparing soils and geologic studies to finalize the alignment or crossing. The southern extension of the pipeline on the east side of Highway 330 would involve the removal and reconstruction of the East Frontage Road. While MWD has not made any commitments in terms of additional improvements, they did express a willingness to work with the City to try to incorporate additional improvements into the reconstruction of the East Frontage Road, including the potential for constructing a tunnel in the vicinity of the Stubblefield property. Staff believes it would be best to work with the Metropolitan Water District (MWD) to determine the feasibility of incorporating roadway improvements, while allowing for approval of the substandard secondary access route proposed by Stubblefield Construction Company. Staff has considered the following issues relating to the development agreement: the possibility of a new tunnel; that the City has accepted the East and West Frontage Roads as constructed by Caltrans; the existing 32 foot wide East Frontage Road is adequate in terms of street width, for up to 60 dwelling units, based on limiting access route to the other properties and prohibiting street parking; the substandard secondary access route, as proposed by the Stubblefields, meets minimum requirements although a tunnel would be the best case. Staff has incorporated the following concerns of the Mayor and Council in the development agreement: a 25 year term; a maximum of 60 single family detached units; RS, Residential Suburban, development standards including a minimum lot size of 7,200 square feet; $3,000 per unit, not to exceed $180,000, contribution toward a secondary access route. The key issue for the proposed residential development is the feasibility of providing a standard secondary access route. Staff believes that it is not fmancially feasible for this project to assume this additional cost of providing a standard secondary access route. Language has been incorporated into the revised development agreement specifying that the Stubblefield Construction Company agree not to develop the property for a certain period of time, and address the monetary contribution that the Stubblefield Construction Company agreed to provide, up to $180,000, and how it would be used by the City. There is a consensus that it is physically feasible to construct a standard secondary access route; however, there is not a consensus that it would be financially feasible to do so, nor was there a consensus as to the extent of the improvements required for a secondary access route. Staff believes that the minimum requirements for a secondary access route should only include 19 6/20/94 the extension of the East Frontage Road from the northern boundary of the Stubblefield's 15 acre parcel, the tunnel, and the southern extension of the West Frontage Road to connect to the existing road. It is estimated that the improvements would cost approximately $500,000. This averages the cost to be approximately $8,300 per unit, assuming a maximum of 60 units, raising the question of whether it is reasonable to expect that this project could absorb this additional cost. Staff feels that the developer probably cannot get 60 lots on the 15 acre parcel and that 45 units may be more likely, thus increasing the per unit cost of development to approximately $11,000. Staff has addressed the potential for providing a standard secondary access; however, the feasibility in terms of full cost and likelihood or probability have not been addressed or determined. The revised development agreement does not bind the City into future actions of approving a secondary access route; it does give the City the ability to determine the feasibility of such an action. Feasibility and planning studies are exempt from the California Environmental Quality Act (CEQA), and no additional environmental review is required at this time. Pending further review, if the City wishes to consider approving a secondary access route, that action would be subject to CEQA review. The revised development agreement does not change the scope of the Stubblefield proposal as addressed in the initial study and the proposed negative declaration is still applicable. In a letter dated June 17, 1994, Mayor John Timmer, City of Highland, 26985 Base Line, Highland, CA, requested that action on this matter be delayed until a joint special council meeting between the City of Highland and the City of San Bernardino can be scheduled to discuss the matter and its potential impact on the City of Highland. In a memorandum dated June 20, 1994, Al Boughey, Director of Planning and Building Services, recommended that the Conditions of Approval, pages five through eight, be revised to refine the wording of the agreement pursuant to the recommendation of the City Attorney's Office relative to the following issues: infrastructure construction, indemnification, and the term of the agreement. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued from June 6, 1994) (Discussed later in the meeting) (See page 21) (50) Al Boughey, Director of Planning and Building Services, explained the potential impact of the Metropolitan Water District Inland Feeder Pipeline project on the proposed development agreement. COUNCIL MEMBER MILLER RETURNED At 2:05 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. 20 6/20/94 There was no action taken on this matter at this time. RECESS MEETING At 2:05 p.m., Mayor Minor declared a recess. RECONVENE MEETING At 2: 12 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 - DEVELOPMENT AGREEMENT NO. 93-01 - VARIANCE NO. 93-07 - STUBBLEFIELD ACCESS AGREEMENT - CONTINUED FROM JUNE 6, 1994 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 18 (50) This is the time and place continued to from earlier in the meeting for a public hearing for Development Agreement No. 93-01 and Variance No. 93-07, the Stubblefield Access Agreement. Al Boughey, Director of Planning and Building Services, explained the potential impact of the Metropolitan Water District Inland Feeder Pipeline project on the proposed development agreement. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued from June 6, 1994) (Discussed earlier in the meeting) (See page 18) (50) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, to reconsider opening the public hearing. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the public hearing be reopened. Mayor Minor opened the hearing. Deputy City Attorney Empeno explained that the City Attorney's Office objects to the development agreement because it is premature at this time as there is no specific plan or 21 6/20/94 tentative tract; the development agreement does not comply with the Development Code or state law, and that a finding cannot be made that there is no feasible alternative access route other than a substandard secondary access route. Al Boughey, Director of Planning and Building Services, disagreed with the City Attorney Office's interpretation, and felt that approval of the development agreement was at the discretion of the Mayor and Council. Mark Ostoich, Gresham, Varner, Savage, Nolan and Tilden, 600 North Arrowhead Avenue, Suite 300, San Bernardino, CA, stated that it is the position of the Stubblefield Construction Company that the agreement is valid, and urged the Council to approve the development agreement. Discussion ensued regarding the potential impact of the Metropolitan Water District Inland Feeder Pipeline project, and whether the matter should be continued to allow staff time to gather more information relative to the potential impact of the pipeline. Aaron Hodgdon, Heart Bar Ranch, Arrowhead Springs, P. O. Box 2146, San Bernardino, CA, presented to the City Clerk a proposed alternative dated June 6, 1994, for Route 330 Freeway/Frontage Road, enviroscape, recreation trails, and two different full standard access roads; and expressed opposition to the construction of substandard infrastructure in the area. Discussion ensued regarding the proposed primary and secondary access routes to the property covered by the development agreement. Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, P. O. Box 2146, San Bernardino, CA, presented to the City Clerk correspondence dated May 27, 1994, and June 3, 7, 13, 16, and 20, 1994 supporting his position on this matter; and stated that he raised his concerns previously at the Development Review Committee and Planning Commission meetings, and requested that the matter be continued to allow the Development Review Committee and Planning Commission time to review the proposed development agreement in light of the new information regarding the MWD pipeline. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, and unanimously carried, that the public hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the resolution be adopted which adopts the negative declaration and approves Development Agreement No. 93-01, revised, and approve Variance No. 93-07, subject to the inclusion of the Conditions of Approval outlined in the memorandum dated June 20, 1994. (Note: There was no vote taken.) 22 6/20/94 Council Member Devlin made a substitute motion, seconded by Council Member Oberhelman, that the matter be continued to July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Oberhelman withdrew his second. The motion failed for lack of a second. Discussion ensued regarding the provisions of the proposed development agreement. Roger Hardgrave, Director of Public Works/City Engineer, stated that Caltrans wishes to proceed with its improvements to the property adjacent to the Route 330 Freeway at this time and does not want to wait until the Metropolitan Water District determines the alignment of the Inland Feeder Pipeline. Discussion ensued regarding the conditions of approval outlined in the memorandum from Al Boughey, Director of Planning and Building Services, dated June 20, 1994, and whether the matter should be continued to review the impact of the Metropolitan Water District's Inland Feeder Pipeline project on the development agreement. Council Member Devlin made a substitute motion, seconded by Council Member Oberhelman, that the matter be continued to July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Members Hernandez, Pope-Ludlam. Absent: None. RECESS MEETING At 3:55 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:05 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, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: Council Member Miller; City Administrator Shauna Clark. 23 6/20/94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:05 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, acting as the Community Development Commission, took action on Community Development Commission items. COUNCIL MEMBER MILLER RETURNED At 4: 10 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 5:53 p.m., City Administrator Shauna Clark returned to the Council meeting. RES. 94-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (29) RES. 94-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (30) RES. 94-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (31) RES. 94-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969, LANDSCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (32) RES. 94-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (33) 24 6/20/94 RES. 94-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS A VENUE AREA. (34) RES. 94-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (35) RES. 94-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. (36) RES. 94-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (37) RES. 94-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (38) RES. 94-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (39) RES. 94-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE, SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET. (40) RES. 94-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE, PENNSYLVANIA AND BIRCH AREA. (41) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. 25 6/20/94 Resolution Nos. 94-147, 94-148, 94-149, 94-150, 94-151, 94-152, 94-153, 94-154, 94- 155, 94-156, 94-157, 94-158, and 94-159 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-160 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY OF THE INLAND COUNTIES. (42) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-160 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. MAYOR MINOR EXCUSED At 5:55 p.m., Mayor Minor left the Council meeting, and the duties of Mayor Pro Tern were assumed by Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE AVENUE. First (43) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be laid over for final adoption. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BOYD LAW ENFORCEMENT SUPPLY CO. FOR THE SALE OF USED SAFETY EQUIPMENT. (44) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. (Note: There was no vote taken.) MAYOR MINOR RETURNED At 5:57 p.m., Mayor Minor returned to the Council meeting and took his place at the council table. 26 6/20/94 Deputy City Attorney Roth answered questions regarding the City's potential liability in this matter. Discussion ensued regarding the proposed sale of the equipment. Council Member Hernandez made a substitute motion, seconded by Council Member Curlin, that the sale be denied. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Members Devlin, Pope-Ludlam. Absent: None. RES. 94-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (45) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-161 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. WAIVE FEE - $510 - GENTS ORGANIZATION - USE OF NUNEZ & ENCANTO BALLFIELDS (46) In a memorandum dated May 31, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the Gents Organization is planning a one-day Softball Tournament utilizing two fields at Encanto and Nunez Parks and the Encanto Concession Stand. Fees for these facilities total $510. The Damage Bond of $650, and the Clean-Up Deposit of $100 levied by Resolution No. 94-66, are refundable in full or in part after an inspection of the facilities and equipment has been completed. There is no provision to waive these fees; however, this request does meet the requirements for a waiver of facilities and equipment fees, in the amount of $510, pursuant to Resolution No. 94-66. Discussion ensued regarding the amount of the request for the waiver of fees. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the Ways and Means Committee. 27 6/20/94 CONTINUE 9/80 WORK WEEK PLAN (47) In a memorandum dated June 9, 1994, Barbara Dillon, Director of Personnel, stated that on December 20, 1993, the Mayor and Council authorized a synchronized 9/80 work week plan for City Hall and participating departments to begin January 31, 1994, for a period of six months, through July 31, 1994. Employees in City Hall work the following hours: 7:30 a.m. through 5:30 p.m. Monday through Thursday and 7:30 a.m. through 4:30 p.m. on the alternating Fridays that City Hall is open. Employees in departments outside of City Hall may work different shifts as part of the 9/80 work plan, based on the department's operations. The City has notified the bargaining units of these situations. The Council action provided flexibility to implement other work schedules in various departments, such as a 4/10 schedule for non-sworn employees working in the Police Department. The 9/80 alternate work week plan has improved the City's operations by increasing public convenience through longer service hours, more responsiveness to service demands, improving compliance with Air Quality Management District, AQMD, requirements to reduce the number of vehicle trips to City work sites, improved employee morale, and improving the efficiency of internal operations. The Director of Personnel would notify the appropriate bargaining units who would have a mutual obligation to meet and confer on changes to the 9/80 alternate work week plan on ten working days written notice. Ms. Dillon recommended that the matter be placed back on the agenda in sufficient time to allow a minimum of a thirty-day transition period, in the event the Mayor and Common Council decide not to extend the 9/80 work plan beyond December 31, 1995. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the 9/80 work plan for City Hall and participating departments be extended through December 31, 1995, per the staffreport dated June 9, 1994, from Barbara Dillon, Director of Personnel, with the Mayor and Common Council determining whether the program would be continued beyond that date. (Note: There was no vote taken.) Discussion ensued regarding the positive and negative aspects of the 9/80 alternate work schedule. Barbara Dillon, Director of Personnel, answered questions regarding the ways that the 9/80 alternate work schedule has improved service to the community, the comments that have been received regarding citizen satisfaction and service, the services that are provided on the Fridays that City Hall is closed, employee morale, the methods of public notification, and the increased operational efficiency. CITY CLERK RACHEL CLARK EXCUSED City Clerk Rachel Clark left the Council meeting, and was replaced by Deputy City Clerk Vale. 28 6/20/94 Council Member Negrete made a substitute motion, seconded by Council Member Miller, that the 9/80 work plan for City Hall and participating departments be extended for a period of six months, to January 31, 1995, and that more information be provided to the Mayor and Council regarding the following issues: sick leave reduction and the impact on local businesses. (Note: There was no vote taken.) Council Member Pope-Ludlam made a substitute motion, that the matter be referred to a Council Committee for review. The motion failed for lack of a second. Shauna Clark, City Administrator, answered questions regarding the sick leave reduction during the trial period of the 9/80 schedule, and the impact on local businesses. Discussion ensued regarding the positive and negative aspects of the 9/80 alternate work schedule. Council Member Negrete made a substitute motion, seconded by Council Member Hernandez, that the 9/80 work plan be extended for six months, to January 31, 1995, with the Mayor and Common Council determining whether the program would continue beyond that date; and that the Mayor and Common Council be provided with information relating to sick leave reduction, impact on people visiting City Hall, and the impact on local businesses. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Pope-Ludlam. Absent: None. CITY CLERK RACHEL CLARK RETURNED At 6:27 p.m., City Clerk Rachel Clark returned to the Council meeting. REFERRAL BY PERSONNEL COMMITTEE TO FULL COUNCIL - REVIEW IMPLEMENTATION PLAN FOR CITY ATTORNEY AUDIT - CONTINUED FROM JUNE 6, 1994 (48) This is the time and place continued to for consideration of a referral by the Personnel Committee to the full Council for review of the implementation plan for the City Attorney's Office Management Audit. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 29 6/20/94 HIRING OF OUTSIDE COUNSEL - CONTINUED FROM MAY 23, 1994 (49) This is the time and place continued to consider of the hiring of outside counsel to challenge, in Court, Section 55 of the City Charter pertaining to the City Attorney representation of the Mayor and Council and all City officers. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be continued to July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 94-162 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND ROUTE 1-215 IC. (S-I) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted; that the plans for installation of traffic signals at University Parkway and Route 1-215, in accordance with District Agreement No. 8-920 be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried, and Resolution No. 94-162 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ADJOURNMENT (51) At 6:30 p.m., the meeting was adjourned to 7:00 p.m., Wednesday, June 22, 1994, in the Sturges Auditorium, 780 North "E" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~~L~~~ U~ Melanie Vale Deputy City Clerk No. of Items: 69 No. of Hours: 8.5 30 6/20/94