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HomeMy WebLinkAbout09-06-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 6, 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., Tuesday, September 6, 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, Pope-Ludlam, Miller; Senior Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. Senior Deputy City Attorney Simmons 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): Jerome Comer vs. Countv of San Bernardino/City of San Bernardino - San Bernardino Superior Court Case No. SCV 06912. 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 A. Pursuant to Government Code Section 54956.9 (a): (1) Conference with Legal Counsel - Existing Litigation: John Ravgiala vs. Citv of San Bernardino. et al- San Bernardino Superior Court Case No. SCV 02176; Thomas Armendariz vs. James F. Penman, et al - United States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman, et al - United States District Court Case No. CV 92-4415 CBM (JRx); 1 9/6/94 T.L. Pavlich vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 08673; Hatfield vs. City of San Bernardino - United States District Court Case No. SACV 93-317 LHM; Vargas vs. Rodriguez/Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 10966; Edward F. Graziano, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 266939. B. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9: (1) Conference with Legal Counsel - Anticipated Litigation 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, Pope-Ludlam, Miller; Senior Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. Also present: Deputy City Attorney Roth and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:05 a.m., Senior Deputy City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:05 a.m., Deputy City Attorney Rhemrev arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 8:28 a.m., the closed session adjourned until 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 9/6/94 RECONVENE MEETING At 9:02 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; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Father Patricio Guillen of Libreria del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope-Ludlam. APPOINTMENT - PATRICIA ALMAN HALBIG - FINE ARTS COMMISSION - COUNCIL MEMBER HERNANDEZ (2) In a memorandum dated August 29, 1994, Mayor Minor recommended the appointment of Patricia Alman Halbig, 104 Plymouth Way, San Bernardino, CA, to the Fine Arts Commission, as requested by Council Member Hernandez. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Patricia Alman Halbig to the Fine Arts Commission, as requested by Council Member Hernandez, be approved. APPOINTMENT - DONALD A. KIPP - PLANNING COMMISSION - COUNCIL MEMBER MILLER (8-4) In a memorandum dated August 30, 1994, Mayor Minor recommended the appointment of Donald A. Kipp, 596 Country Club Drive, San Bernardino, CA, to the Planning Commission, as requested by Council Member Miller. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Donald A. Kipp to the Planning Commission, as requested by Council Member Miller, be approved. 3 9/6/94 CERTIFICATES OF FRIENDSHIP - HONORARY CITIZEN AWARDS (2-A) J. Lorraine Velarde, Executive Assistant to the Mayor, announced that Certificates of Friendship were being presented to Vincent H. M. Wolfs and Gerlinda Y. E. Griffioen, from Amstelveen, Holland. Vincent H. M. Wolfs and Gerlinda Y. E. Griffioen accepted the awards. COMMENDATION - VOLUNTEERS IN SERVICE TO AMERICA (VISTA) (2-B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Volunteers in Service to America for its Summer of Safety Program wherein volunteers and residents of public housing communities organized Neighborhood Watch, Citizen Patrol, and Youth Corp programs to ensure safer living conditions. Sherry Mattison, Summer of Safety Program Supervisor, and John McGrath, Director of San Bernardino Housing Authority, accepted the commendation; and certificates were presented to 26 volunteers. PUBLIC COMMENTS - HAMID AGHILI (4) Hamid Aghili, 1574 Glenview Street, San Bernardino, CA, expressed concern regarding the Arrow Vista housing project. He recommended that the Council hire another broker, PUBLIC COMMENTS - JOHN STEVENS (4-A) John Stevens, 4097 N. Pershing, San Bernardino, CA, spoke regarding radioactive waste at Norton Air Force Base and its effect on the City's water supply. He provided copies of his documentation to the Mayor's staff; and Council suggested the City ask the Water Department to read the material and report back to the Council with their findings. PUBLIC COMMENTS - GARY KIRBY (4-B) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern regarding the lack of support exhibited during the Mayor and Common Council meetings by the Council; and urged the residents of the city to maintain its status as a Charter City rather than a general law city. PUBLIC COMMENTS - BILL COATS ( 4-C) Bill Coats, a future homeowner at Arrow Vista, spoke fondly of Hamid Aghili. His house has been in escrow since July, and he would like to see Mr. Aghili receive his commission. 4 9/6/94 A discussion ensued regarding the Arrow Vista housing project. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed concern regarding conduct at Mayor and Common Council meetings, and urged the Mayor and Common Council to become more harmonious. He also encouraged people to visit the Huntington Library in San Marino. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3-A) Council Member Hernandez expressed concern regarding the negative publicity being displayed by The Sun newspaper concerning the minority Council members. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3-B) Council Member Devlin wished a "Happy Birthday" to his daughter, Maureen. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, addendum to supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: July 5, 1994; July 18, 1994; August 10, 1994. RES. 94-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE A ADDENDUM TO LEASE PURCHASE AGREEMENT OF ASSOCIATES COMMERCIAL CORPORATION, FOR THE FINANCING OF SIX (6) EACH, AUTOMATED SIDE LOADING REFUSE TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-06. (9) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 5 9/6/94 Resolution No. 94-255 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE APPLICATION & ADMINISTRATION - $50,000 OF EMERGENCY FOOD AND SHELTER PROGRAM FUNDS (FEMA XIII) (12) In a memorandum dated August 16, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Congress has appropriated funding through the Emergency Food and Shelter National Board Program (FEMA XIII) to local public and private organizations for the purpose of delivering emergency food and shelter to needy individuals. Grants are made from FEMA to communities through local boards convened by the United Way with representatives from the public and private organizations. The local FEMA Board of San Bernardino has selected the Westside Community Service Center as one of the sites within the City to assist with distribution of funds between October I, 1994 and September 30, 1995. Staff has prepared an application for $50,000 to be administered through the Westside Community Service Center. There is no additional cost to the City for the administration of this program. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Parks, Recreation and Community Services Director be authorized to apply for and administer $50,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA XIII). AUTHORIZE OUT-OF-STATE TRAVEL - SR. RECREATION SUPERVISOR AUDREE TAYLOR & COMMUNITY CENTER MANAGER II ANN KASSEL - PARKS, RECREATION & COMMUNITY SERVICES - NATIONAL RECREATION & PARKS ASSOCIATION CONFERENCE - OCTOBER 10-16, 1994. (13) In a memorandum dated August 4, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Senior Recreation Supervisor Audree Taylor and Ann Kassel, Community Center Manager II, have requested to attend the National Recreation and Parks Association Conference in Minneapolis, Minnesota, on October 10-16, 1994, at their own expense. The conference would provide an opportunity for continued education and training, as well as knowledge of current trends in the profession; from which department employees, the City, and ultimately the public would benefit. 6 9/6/94 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that out-of-state travel for Senior Recreation Supervisor Audree Taylor and Community Center Manager II, Ann Kassel, to attend the National Recreation and Parks Association Conference in Minneapolis, Minnesota, on October 10 through October 16, 1994, be authorized. RES. 94-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE NATIONAL INDIAN COUNCIL ON AGING, INC. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM TO PLACE SENIOR TRAINEES AT CITY WORK SITES. (14) RES. 94-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS' LOCAL 891. (15) RES. 94-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT OF LEASE BY AND BETWEEN THE SEDLAK FAMILY TRUST AND THE CITY OF SAN BERNARDINO. (16) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 94-256, 94-257 and 94-258 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CLAIMS AND PAYROLL (17) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated August 29, 1994, from the Director of Finance, be approved. PERSONNEL ACTIONS (18) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated August 7 9/6/94 18, 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. RES. 94-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352, LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (19) RES. 94-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352-3, LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (20) RES. 94-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 8 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, FROM SIXTH STREET TO NINTH STREET. (21) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 94-259,94-260 and 94-261 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (7) 8 9/6/94 Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-262 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope- Ludlam. Absent: None. REORGANIZATION - FACILITIES MANAGEMENT DIVISION - DELETE FACILITIES MAINTENANCE SUPERINTENDENT & ESTABLISH PROJECT COORDINATOR POSITION (8) In a memorandum dated August 18, 1994, James Sharer, Facilities Manager, requested a reorganization to reduce operating costs while maximizing the efficiency of the division. The division presently has a Facilities Maintenance Superintendent position reporting to the Facilities Manager; however, the position is now vacant. The position of Energy Management Coordinator was eliminated in 1992; however, the functions of this position should be reestablished. Consequently, it is recommended that the Facilities Maintenance Superintendent position be deleted and a new position of Project Coordinator be established, which would include duties from both the Facilities Maintenance Superintendent and the Energy Management Coordinator. The reorganization would save the City $7,366 annually. On August 18, 1994, the Council Personnel Committee recommended approval of the matter. Council Member Hernandez made a motion, seconded by Council Member Negrete, that one (1) Facilities Maintenance Superintendent (Range 4421, $3,621 - $4,402/month) be eliminated; that one (1) Project Coordinator (Range 4390, $3,101 - $3,770/month) be established; and that the Personnel Department be directed to update Resolution No. 6413, Section Fourteen, to reflect this particular action. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Miller. Nays: Council Members Oberhelman, Pope-Ludlam. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER AGREEMENT FOR KOCH FINANCIAL CORPORATION, FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (10) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: There was no vote taken.) Discussion ensued regarding the need for lease purchase master agreements. 9 9/6/94 Council Member Devlin made a substitute motion that the matter be continued to September 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be referred to the Ways and Means Committee. RES. 94-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO THE AGREEMENT WITH CONSULTANT, RUTH PARISH, OF TECKNOWLEDGE GROUP, INC., TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SERVICES DEPARTMENT. (11) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-263 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ASL CONSULTING ENGINEERS RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE FIVE-LEVEL PARKING STRUCTURE. (22) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the transfer of $6,000 from Account No. 120-000-30405, in the Emergency Fund, to Account No. 001-206-54104, "Other Professional Services, n be approved; and that said resolution be adopted. The motion carried and Resolution No. 94-264 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO THE MAINTENANCE OF LANDSCAPING IN THE HIGHLAND AVENUE MEDIAN, BETWEEN PIEDMONT DRIVE AND BOULDER AVENUE. (23) 10 9/6/94 A discussion ensued regarding the adoption of said resolution, the costs associated with the agreement, and other agreements currently held with the City of Highland. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-265 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 9:58 a.m. Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:04 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; City Administrator Shauna Clark. Absent: None. PROPOSED PURCHASE OF PROPERTY - 1350 SOUTH "E" STREET - SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT COUNCIL MEMBER CURLIN (29) In a memorandum dated August 25, 1994, Council Member Curlin recommended that discussion and referral to Ways and Means Committee take place regarding the San Bernardino Valley Municipal Water District's (SBVMWD) proposal to purchase City property located at 1350 South "E" Street, San Bernardino, CA. Discussion ensued regarding San Bernardino Valley Municipal Water District's proposal to purchase property located at 1350 South "E" Street. Patrick Milligan, President of the San Bernardino Valley Municipal Water District, 1350 South "E" Street, San Bernardino, CA, reiterated that the District has a 50-year lease on the property with 24 years yet to go. Because they have 24 years to go, and have realized they have outgrown the facilities, they are contemplating spending several million in upgrading the facility. He presented a diagram showing the buildings and improvements they intend to construct at the South "E" Street location. Mr. Milligan emphasized that he started three years ago to try and either extend the lease for another 25 years or buy the property, and he has never been able to 11 9/6/94 get the matter out in the open and addressed. He stressed the need for the Council to take some affirmative action so the District can move forward. He emphasized that the District wants to stay here in San Bernardino, and doesn't want to be in a position where the Board is wanting to look at other locations, possibly out of the City of San Bernardino. Discussion continued regarding the proposed sale of the property, the need for an appraisal and San Bernardino Valley Municipal Water District's offer to purchase the property. Mr. Milligan answered questions regarding SBVMWD's current capacity requirement and its offer to purchase said property. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to direct staff to research all the legal processes that we have to initiate for purchase of the property. Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, to direct staff to proceed forthwith, under the direction of the Mayor, to research all legal processes to initiate the purchase of City property at 1350 South "E" Street by the San Bernardino Valley Municipal Water District, in order to present the necessary information at the Mayor and Common Council meeting of October 3, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA. SEWER WAIVER REQUEST NO. 94-01 - CONNECT TO SEWER SYSTEM - SINGLE-FAMILY RESIDENCE - 370 EDGERTON DRIVE - FRANK E. RHODES, JR. (24) In a memorandum dated August 16, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Frank and Kathleen Rhodes, for waiver of the standard requirement to connect to the City sewer system for construction of a single-family residence on a parcel located at 370 Edgerton Drive. The parcel is approximately 0.75 acres in size and is located north of the northerly terminus of Arrowhead Avenue. The nearest available sewer main is approximately 800 feet from the parcel in Arrowhead Avenue. Ordinance No. MC-663 provides that the Mayor and Common Council may waive the requirement to connect to the City's sewer system for a new single-family residence if the following conditions exist: (1) The proposed single-family development would be built upon a lot larger than one-half acre, and there is a natural obstruction or a hill with an adverse grade that prevents the practical extension of a sewer line to serve the development; (2) The proposed residential development is a fill-in project, where structures exist on at least 75 percent of the block and none are connected to the sewer system. The parcel meets the requirements, and the $500 administrative processing fee has been paid by the applicant. 12 9/6/94 Approval of this waiver would not automatically grant the applicant permission to install a septic tank. An application for a septic tank would still have to be submitted to the Department of Planning and Building Services and would be subject to all applicable conditions. Staff recommends approval of the request. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that Sewer Waiver Request No. 94-01 for construction of a single- family residence on an existing lot of record located at 370 Edgerton Drive (APN 271-071-33) requesting a waiver of requirement to connect to the sewer system, be approved. RES. 94-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THOSE CERTAIN ACCESS RIGHTS LOCATED AT THE SOUTHWEST CORNER OF ATLANTIC AND BOULDER AVENUES IN THE CITY OF SAN BERNARDINO, TO NORMA J. LEUSCHEN REVOCABLE TRUST. (25) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-266 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF . . .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ARROWHEAD AVENUE BETWEEN MILL STREET AND V ALLEY STREET. (26) Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-267 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 ADDING SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WILLFUL INTERRUPTIONS OF MEETINGS OF THE MAYOR AND COMMON COUNCIL. First (27) 13 9/6/94 Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that said ordinance be laid over for final adoption. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern that the rules of conduct should also apply to the Mayor and Common Council. A discussion ensued regarding the applicability of the ordinance. RESOLUTION OF SUPPORT - APPROVE WARD BASED NEIGHBORHOOD YOUTH ACCOUNTABILITY PROGRAM - COUNCIL MEMBER CURLIN (28) In a memorandum dated August 25, 1994, Council Member Curlin recommended that the City present a resolution of support to the Youth Accountability Board. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the Youth Accountability Board Program for use in the City of San Bernardino, be approved; and that a resolution of support be presented to the County of San Bernardino Probation Department. DISCUSS & TAKE POSSIBLE ACTION - PROCEDURAL RULES - MEETINGS OF THE LEGISLATIVE BODY - COUNCIL MEMBER CURLIN. (30) In a memorandum dated August 25, 1994, Council Member Curlin recommended discussion and possible action or referral to Legislative Review Committee regarding procedural rules for meetings of the legislative body. A discussion was held regarding the need to codify and maintain consistency relative to the rules of conduct for the legislative body. Gary Kirby, 1505 Yardley, San Bernardino, CA, inquired if there was a desire for public input. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be referred to the Legislative Review Committee. RECONSIDER - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.10 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROVISION OF EMERGENCY AMBULANCE SERVICE BY THE CITY TO THE RESIDENTS OF THE CITY. First (31) 14 9/6/94 This is the time and place set to reconsider the establishment of a City-operated emergency ambulance service. Council Member Oberhelman made a motion, seconded by Council Member Devlin that the matter be continued. (Note: No date specified.) Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be tabled. PROPOSED CHARTER AMENDMENT - TOTAL CONTROL OF WATER DEPARTMENT BY MAYOR AND COMMON COUNCIL - COUNCIL MEMBER OBERHELMAN (32) In a memorandum dated August 22, 1994, Council Member Oberhelman recommended that staff be directed to draft an ordinance placing a charter amendment on the ballot for the next election changing Article IX, Section 160, providing for total control of the Water Department by the Mayor and Common Council rather than the Board of Water Commissioners. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the matter be tabled. PROPOSED ORDINANCE LIMITING AMOUNT OF CONTRIBUTIONS - COUNCIL MEMBER OBERHELMAN CAMPAIGN (33) In a memorandum dated August 22, 1994, Council Member Oberhelman requested that discussion be held, and that staff be directed to draft an ordinance limiting the amount of money that could be spent on any City campaign. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. PROPOSED ORDINANCE SHORTENING TIME PERIOD FOR ACTIVE CAMPAIGNING - COUNCIL MEMBER OBERHELMAN (34) In a memorandum dated August 22, 1994, Council Member Oberhelman requested that discussion be held, and that staff be directed to draft an ordinance shortening the time period in which active campaigning could occur for any City office. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. 15 9/6/94 PROPOSED ORDINANCE - CONFLICT OF INTEREST GUIDELINES - COUNCIL MEMBER OBERHELMAN (35) In a memorandum dated August 22, 1994, Council Member Oberhelman requested that discussion be held, and that staff be directed to draft an ordinance providing for conflict of interest guidelines applicable to the Mayor and Council. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. DISCUSS AND REFER CITY OF SAN JOSE'S PLAN OF ETHICS AND CAMPAIGN PROVISIONS TO LEGISLATIVE REVIEW COMMITTEE - COUNCIL MEMBER CURLIN (36) In a memorandum dated August 22, 1994, Council Member Curlin requested that discussion be held regarding the City of San Jose's Plan of Ethics and Campaign Provisions, with subsequent referral to the Legislative Review Committee for review, analysis and recommendation. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. RES. 94-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STAT PHYSICIANS' SERVICE TO PROVIDE BILLING SERVICES FOR THE COLLECTION OF FEES FOR PARAMEDIC SERVICES. (37) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-268 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE USE OF CITY EQUIPMENT AND PERSONNEL TO ASSIST SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH - RED RIBBON PARADE ON OCTOBER 22, 1994 - WAIVE CITY FEES OF $3,376 (38) 16 9/6/94 In a memorandum dated August 11, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the sixth annual Red Ribbon Parade, which is sponsored by the San Bernardino County Department of Public Health, is scheduled for October 22, 1994, and is the kickoff event for the Red Ribbon Week activities. The sponsor is requesting that the $3,376 in fees associated with this event be waived. The County would be required to furnish a $1 million insurance policy with the City named as an additionally insured and would be required to provide the City with a hold harmless and indemnification agreement. The Red Ribbon Parade is an important event for the community. It brings great visibility to Red Ribbon Week activities and to the community's efforts to combat drugs. It is highly appropriate that the City support this event and the waiver of the fees is recommended. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that utilization of City crews and equipment and City Police personnel for assisting San Bernardino County Department of Public Health with the Red Ribbon Parade on October 22, 1994, be authorized; and that the expenses in the amount of $3,376 incurred by the use of City forces and equipment and Police Department personnel in providing assistance to San Bernardino County Department of Public Health for the Red Ribbon Parade on October 22, 1994, be waived. RES. 94-269 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RALPH DANIELS AND CLEVELAND PALMER REPRESENTING CAJUN GARDEN RESTAURANT, 1632 W. FIFTH STREET, RELATING TO THE LEASE OF PARKING SPACES IN NUNEZ PARK PARKING LOT. (39) Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, that said resolution be adopted. A discussion ensued regarding the parking lot lease agreement. Resolution No. 94-269 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE OUT-OF-STATE TRAVEL FOR POLICE LIEUTENANT SMITH - COMMUNITY POLICING CONSORTIUM INTERNSHIP - SEPTEMBER 7, 1994 TO NOVEMBER 30, 1994 - CERTIFY AND AUTHORIZE ACTING PAY FOR POLICE SERGEANT TO POLICE LIEUTENANT DURING ABSENCE (40) In a memorandum dated August 15, 1994, Daniel A. Robbins, Chief of Police, stated that the Community Police Consortium was created by the Federal government as a result of President Clinton's campaign promise to put 100,000 community police officers on the street. 17 9/6/94 Vice President Al Gore completed a study called "Reinventing Government" and recommended that all training provided by the Federal government be consolidated under a single organization. The organization created to perform this function is the Community Policing Consortium. The Consortium will be responsible for national training on community policing for local and county police agencies. Stephen Gafagan, Director of the Community Policing Consortium, has requested that Lieutenant Smith assist in the creation of the training format for the Consortium at Washington, D.C., from September 7, 1994, through November 30, 1994. Lieutenant Smith would be providing technical assistance to police agencies throughout the country requesting assistance from the consortium to implement community policing. The strategies that would be developed to assist police agencies will also be shared with San Bernardino. Lieutenant Smith's exposure to other agencies' practices would also provide additional insights and strategies for our agency. The consortium will provide funding for all hard costs incurred including housing, transportation, typing, editing, etc. The City would be required to pay his wages during his internship in Washington. A sergeant will be certified to the position of lieutenant to act in Lieutenant W. D. Smith's capacity during his absence. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that out-of-state travel for Lt. W.D. Smith be authorized to allow Lt. W.D. Smith to participate in the Community Police Consortium to be held in Washington, D.C., from September 7, 1994, through November 30, 1994; and that a police sergeant be certified to the position of police lieutenant during his absence. RES. 94-270 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE NONDISPOSAL FACILITY ELEMENT (NDFE) AND THE LETTER OF ADDENDUM TO THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE). (41) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-270 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-910 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND RUBBISH. (Continued from August 15, 1994) Final (42) 18 9/6/94 Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-91O was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN ARRIVED At 10:48 a.m., City Attorney Penman arrived at the Council meeting and Deputy City Attorney Roth was excused. ADJUST CITY ATTORNEY'S OFFICE FISCAL YEAR 1994/95 BUDGET - CONTINUED FROM AUGUST 18, 1994 (43) This is the time and place continued to for consideration of an adjustment to the City Attorney's Office fiscal year 1994/95 budget. Mayor Minor announced that City Attorney Penman had requested that the item be removed from the agenda. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be tabled. CITY ATTORNEY PENMAN EXCUSED At 10:50 a.m. City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Roth. CASA RAMONA, INC. - FUNDING REQUEST & WAIVE FEES - $17,330- MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CONTINUED FROM AUGUST 18, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 29 (44) This is the time and place continued to consider a request from Casa Ramona, Inc., for funding and waiver of applicable City fees in the amount of $17,330 for a Mexican Independence Day Castillo Celebration to be held September 15, 1994, at Seccombe Lake Park. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the request from Casa Ramona, Inc., for $17,330 in civic/promotional funding for the Castillo Day celebration on September 15, 1994, at Seccombe Lake Park and waiver of applicable City fees, be approved. (Note: There was no vote taken.) 19 9/6/94 A discussion was held regarding whether or not the event could be held as a result of the continuance from the August 18, 1994, Mayor and Council meeting. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the matter be tabled. (Note: There was no vote taken.) It was the consensus of the Mayor and Council that the matter be continued to later in the meeting to allow a representative of Casa Ramona to be present for any questions or discussion. INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - FUNDING REQUEST - $23,586 - 16TH OF SEPTEMBER CELEBRATION - CONTINUED FROM AUGUST 18, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 29 (45) This is the time and place continued to consider a request from the Inland Empire Hispanic Chamber of Commerce for financial assistance in the amount of $23,586 for a 16th of September celebration to be held at Nunez Park. It was the consensus of the Mayor and Common Council that the matter be continued to later in the meeting. REQUEST FOR $14,000 IN CIVIC AND PROMOTION FUNDING - WAIVER OF FEES FOR USE OF CITY FACILITIES, EQUIPMENT, AND PERSONNEL IN THE AMOUNT OF $6,096 - TOTAL OF $20,096 - 16TH OF SEPTEMBER FIESTA - LA PLAZA PARK ON SEPTEMBER 16 & 17,1994- LlBRERIA DEL PUEBLO, INC. (8-1) In a memorandum dated August 31, 1994, Council Member Hernandez stated that Libreria del Pueblo, Inc., is sponsoring a fund raising celebration at La Plaza Park on September 16 & 17, 1994, to benefit the student scholarship fund and to celebrate Mexican Independence Day. Toward this end, they are requesting City financial support in the amount of $14,000 to assist with expenses connected with the celebration. Total departmental fees connected with this event and eligible for waiver are $6,096. Ineligible for waiver are the refundable damage bond and clean-up deposit fees totaling $3,500. As the event is aimed at civic betterment by providing cultural activities for all citizens and to raise scholarship funds for students, it is recommended that an amount of $14,000 be allocated from the Civic and Promotion Fund for this event and all applicable City fees in the amount of $6,096 be waived for a total financial commitment from the City of $20,096. It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. 20 9/6/94 DISCUSS ISSUES PERTAINING TO SEXUAL HARASSMENT - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM AUGUST 15, 1994 (46) This is the time and place continued to for discussion of issues pertaining to sexual harassment and the lack of understanding by the public, and the City's liability regarding sexual harassment. A discussion was held regarding the ramifications of sexual harassment and the steps the City has taken to address the issue. There was no further action taken on the matter. RES. 94-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO GIBSON BROS. JANITORIAL SERVICE FOR THE FURNISHING AND DELIVERY OF CUSTODIAL SERVICE FOR FELDHEYM LIBRARY, TO BE UTILIZED BY THE LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-95-05. (Continued from August 15, 1994; Resolution introduced on September 6, 1994) (47) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-271 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:56 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:04 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; Senior Assistant City Attorney Barlow; Attorney Tim Sabo; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. 21 9/6/94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:04 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. 94-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ROSS-DOYLE, INC., DBA ROSSCRETE ROOFING FOR INSTALLATION OF HVAC EQUIPMENT AND RE- ROOFING THE BOYS AND GIRLS CLUB. (R-3) Council Member Curlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-272 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. RECESS MEETING At 12:08 p.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 2:01 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, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Members Curlin, Pope-Ludlam; City Administrator Shauna Clark. APPOINTMENT - CYNTHIA A. BUTTRAM - ANIMAL ADVISORY COMMISSION - ALTERNATE MEMBER (2-C) In a memorandum dated August 23, 1994, Mayor Minor recommended that the appointment of Cynthia Buttram, 2636 North "Goo Street, San Bernardino, CA, as an alternate member to the Animal Advisory Commission. 22 9/6/94 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Cynthia Buttram as an alternate member to the Animal Advisory Commission, as requested by Mayor Minor, be approved. COUNCIL MEMBER CURLIN RETURNED At 2:02 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CAROUSEL MALL EXPANSION PROJECT. (Continued from August 15, 1994) (48-A) Al Boughey, Director of Planning and Building Services, explained that the Carousel Mall has requested that the matter be delayed for several months so that the scope of the proposed project could be revised. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:05 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Concern was expressed regarding whether the environmental impact report for the Carousel Mall could proceed separately at a later date without delaying the environmental impact report for the Inland Center Mall. Director Boughey stated that the environmental impact reports could proceed separately without any difficulty. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed opposition to the City paying for the environmental impact reports and then being reimbursed by the respective malls. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be tabled. RES. 94-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT FOR SERVICES WITH EDAW, INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT. (Continued from August 15, 1994) (48-B) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 23 9/6/94 Resolution No. 94-273 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. INITIATE GENERAL PLAN AMENDMENT CONSIDER CH, COMMERCIAL HEAVY, OR IL, INDUSTRIAL LIGHT, LAND USE DESIGNATION - SOUTHWEST SIDE OF CAJON BOULEVARD BETWEEN MEDICAL CENTER DRIVE & CALIFORNIA STREET - COUNCIL MEMBER POPE-LUDLAM (49) In an undated memorandum, Council Member Pope-Ludlam stated that the area on the southwest side of Cajon Boulevard between Medical Center Drive and California Street consists of several parcels. Two of the parcels are developed with industrial warehouse buildings that are not designed for commercial uses; although these buildings are nonconforming, they can be utilized for commercial uses. Pursuant to the General Plan, if the current industrial uses of these buildings cease for a period of six months, the buildings may only be reused for commercial uses consistent with the Commercial General, CG-l, land use designation; therefore, it is recommended that a general plan amendment be initiated to consider changing the land use designation to Commercial Heavy, CH, or Industrial Light, IL, land use designation. The buildings require renovation to meet current code requirements, regardless of use. Planning staff has estimated that it would cost the City approximately $3,000, and four months, to process the general plan amendment. AI Boughey, Director of Planning and Building Services, answered questions regarding the zoning in the area of the proposed general plan amendment. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to October 3, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 2:23 p.m., City Administrator Shauna Clark returned to the Council meeting. RES. 94-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EASTLAND CONSTRUCTION, INC., FOR INSTALLATION OF STREET IMPROVEMENTS ON CENTRAL AVENUE, FROM TIPPECANOE AVENUE TO MT. VIEW AVENUE. (S-2) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to a paved road being constructed in the wash area. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that said resolution be adopted. 24 9/6/94 Resolution No. 94-274 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:24 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. TRAFFIC OPERATION IMPROVEMENT - KENDALL DRIVE & LITTLE MOUNTAIN DRIVE - APPROVE PLANS & ADVERTISE FOR BIDS (S-3) In a memorandum dated August 29, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the intersection of Kendall and Little Mountain Drives has been a source of concern for many years due to motorists making illegal left hand turns from Little Mountain Drive. The City Traffic Engineer recommended, after meeting with adjoining business owners, that the Kendall Drive intersection at Little Mountain Drive be closed, in order to alleviate concerns over traffic problems; however, the adjoining business owners did not concur with that recommendation. Therefore, it was agreed to construct a curbed island in Little Mountain Drive to preclude left turns into Kendall Drive, provided that two driveway approaches were installed along Kendall Drive. A temporary median would be installed, after the driveway approaches are available for use, in order to evaluate the impact on the businesses. If no adverse impacts are noted, a permanent curbed island would be installed. Plans have been prepared for the installation of these two driveway approaches, and pavement of the alley as more vehicles would be making left turns into the alley, as a result of the median in Little Mountain Drive. The total estimated project cost is $22,500. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the expenditure of $22,500, from Account No. 250-670-57477, "Minor Improvements - Various Locations," for installation of driveway approaches and alley paving, for the commercial businesses at Kendall Drive and Little Mountain Drive, be approved; that the plans for installation of two driveway approaches and paving the alley for the commercial businesses at Kendall Drive and Little Mountain Drive, in accordance with Plan No. 9179, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALL FOUR-WAY STOP SIGN - MACY & ELLEN STREETS (8-5) In a memorandum dated August 30, 1994, Council Member Hernandez requested approval to install a four-way stop sign at the intersection of Macy and Ellen Streets. 25 9/6/94 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that installation of a four-way stop sign at Macy and Ellen Streets, be approved. CHANGE ORDER NO. THREE - MATICH CORPORATION - INSTALL ATS COMMUNICATION CONDUIT - TIPPECANOE AVENUE, "COO STREET & DEL ROSA DRIVE - CONTRACT INCREASE $95,486.87 (AS-I) In a memorandum dated August 18, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that several meetings were conducted with all known existing utility companies relative to the improvement of Tippecanoe Avenue, "COO Street (Sheppard Boulevard) and Del Rosa Drive on the former Norton Air Force Base, to ensure that adequate basic utility facilities are installed and available to serve the new uses to be developed as part of the former base's conversion to civilian use and to ensure that the utilities would be underground. As a result of these meetings, it was decided that the necessary conduits, manholes, vaults, and other infrastructure would be installed in two trenches as a part of the street improvement contract. After construction had commenced, a request was received from A TS, formerly MCI and Western Union, that a conduit and appurtenant facilities be provided to allow installation of a communication cable. The Inland Valley Development Agency reviewed the request, and determined that availability of this utility would enhance their efforts to attract new users. Matich Corporation has quoted a price of $95,486.87 for furnishing and installing conduit and appurtenant facilities in one of the two utility trenches, for the ATS communication cable. Staff has reviewed the price, and feel that it is fair and reasonable for the work involved. A grant has been secured through the United States Department of Commerce Economic Development Administration to finance seventy-five percent (75%) of the total project costs. The twenty-five percent (25%) local agency share would be funded by the Inland Valley Development Agency. No City funds are required to finance the cost of this project. Jeff Wright, P.O. Box 2341, San Bernardino, CA, felt that the matter should have been included in the original plans, and expressed opposition to the change order. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that Change Order No. Three to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "C" Street (Sheppard Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053, be approved; to authorize the contractor to install an ATS communication conduit on Tippecanoe Avenue, "COO Street and Del Rosa Drive, at an increase in the contract price of $95,486.87; from $4,247,813 to $4,343,299.87. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. 26 9/6/94 AUTHORIZE HIRING LEGAL SECRETARY I - ANNETTE ORTEGA - CITY ATTORNEY'S OFFICE (AS-2) In a memorandum dated August 31, 1994, James Penman, City Attorney, requested authorization to hire Annette Ortega as a Legal Secretary I in the City Attorney's Office at Salary Range 3314, Step One, $2,123 per month. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, and unanimously carried, that the hiring of Annette Ortega as a Legal Secretary I, City Attorney's Office, be authorized. RECESS MEETING At 2:34 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 2:40 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RECESS MEETING - CLOSED SESSION At 2:40 p.m., the Mayor and Common Council Commission recessed to closed session for the following: (1) and Community Development 1. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9: conference with legal counsel - anticipated litigation. CLOSED SESSION At 2:40 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Bernie Kersey, General Manager, Water Department. 27 9/6/94 DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 2:42 p.m., Deputy City Attorney Rhemrev arrived at the closed session. ADJOURN CLOSED SESSION At 2:45 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:45 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; Senior Assistant City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:45 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. CITY ADMINISTRATOR SHAUNA CLARK RETURNED City Administrator Shauna Clark returned to the Council meeting. RES. 94-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC., RELATING TO TREE TRIMMING SERVICES. (R-9-B) Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to the cost for these tree trimming services, and where the funding for these services would be obtained. City Administrator Shauna Clark stated that it costs approximately $53 to trim each tree. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted; and that the transfer of $70,700 from Personnel Services #001- 404-52020, and $100,000 from Gas Tax #126-356-57736 to Other Professional Services #001- 404-54104, be approved. 28 9/6/94 The motion carried, and Resolution No. 94-275 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 5:06 p.m., City Administrator Shauna Clark returned to the Council meeting. ATTORNEY TIM SABO EXCUSED At 5:06 p.m., Attorney Tim Sabo left the Council meeting. CAS A RAMONA, INC. - FUNDING REQUEST & WAIVE FEES - $17,330- MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CONTINUED FROM AUGUST 18, 1994 - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 19 (44) This is the time and place continued from earlier in the meeting to reconsider action taken relative to a request for funding and a waiver of fees from Casa Ramona, Inc., for the Mexican Independence Day Castillo to be held September 15, 1994, at Seccombe Lake Park. Esther Estrada, Casa Ramona, Inc., 1524 West 7th Street, San Bernardino, CA, expressed concern regarding the political atmosphere that delayed approval of the funding so that there was not adequate time to plan the Mexican Independence Day festivities held annually by Casa Ramona, Inc. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be tabled. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - FUNDING REQUEST - $23,586 - 16TH OF SEPTEMBER CELEBRATION - CONTINUED FROM AUGUST 18, 1994 - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 20 (45) 29 9/6/94 This is the time and place continued from earlier in the meeting to consider a funding request from the Inland Empire Hispanic Chamber of Commerce in the amount of $23,586 for the 16th of September celebration to be held September 16 through 18, 1994, in Nunez park. John Olivas, President, Inland Empire Hispanic Chamber of Commerce, P. O. Box 7300, San Bernardino, CA, expressed concern regarding the political atmosphere that delayed approval of the funding so that there was not sufficient time to plan the Mexican Independence Day festivities held annually by the Inland Empire Hispanic Chamber of Commerce. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 5: 15 p. m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. COUNCIL MEMBER POPE-LUDLAM RETURNED At 5:16 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. LIBRERIA DEL PUEBLO, INC. - FUNDING REQUEST & WAIVE FEES - $20,096 - 16TH OF SEPTEMBER FIESTA - SEPTEMBER 16 & 17, 1994 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 20 (S-I) This is the time and placed continued to from earlier in the meeting to consider a funding request from Libreria del Pueblo, Inc. in the amount of $20,096 for the 16th of September fiesta to be held September 16 and 17, 1994. Father Patricio Guillen, Executive Director, Libreria del Pueblo, Inc., 739 North Mount Vernon Avenue, Suite #100, San Bernardino, CA, requested that the funding and waiver of fees for the fiesta be approved. Miss Arvizo, California State University, San Bernardino student, 5500 University Parkway, San Bernardino, CA, expressed sadness that the Casa Ramona and Inland Empire Hispanic Chamber of Commerce 16th of September festivals have been canceled; and explained the activities that the Libreria de Pueblo, Inc., has planned for the event. Steve Cadillo, Movimiento Estudiantil Chicano de Aztlan, M.E.C.H.A., member and California State University, San Bernardino student, 5500 University Parkway, San Bernardino, CA, expressed support for the 16th of September fiesta planned by Libreria del Pueblo, Inc.; and urged the Mayor and Council to approve the funding and waiver of fees associated with the event. 30 9/6/94 Discussion ensued regarding the political atmosphere which resulted in Casa Ramona, Inc., and the Inland Empire Hispanic Chamber of Commerce canceling the Mexican Independence day celebrations; and the activities being planned for the Libreria del Pueblo, Inc., celebration. Sonia Sanchez, California State University, San Bernardino student, 5500 University Parkway, San Bernardino, CA, explained the events that are being planned for the 16th of September celebration. A discussion was held regarding the process community organizations utilize to request civic and promotional funding from the City. City Administrator Shauna Clark recommended that a portion of the funding be withheld to reimburse the City for any damages that may occur. Esther Estrada, Casa Ramona, Inc., 1524 West 7th Street, San Bernardino, CA, expressed opposition to the City withholding funds to cover damage expenses, and urged the Mayor and Council to release all funds to the organization for its celebration. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the funding request and waiver of fees associated with the 16th of September celebration due to the anticipated small attendance at the event. Council Member Curlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that $14,000 in civic and promotion funding, and a waiver of fees in the amount of $6,096 for use of City equipment and personnel for a total amount of $20,096, be authorized to promote the 16th of September Fiesta in La Plaza Park on September 16 and 17, 1994, by the Libreria del Pueblo, Inc. RECESS MEETING At 5:37 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 5:41 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; Senior Assistant City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. 31 9/6/94 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 5:41 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North nD" 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. RECESS MEETING - CLOSED SESSION At 5:54 p.m., the Mayor and Common Council Commission recessed to closed session for the following: (R-15 & RS-2) and Community Development 1. Conference with real property negotiator pursuant to Government Code Section 54956.8: A. Property: Old Great Western Building, 501 North "E" Street, San Bernardino, California. Negotiating Parties: Redevelopment Agency; The Royce Company. Under Negotiation: To provide instructions to Agency staff regarding possible acquisition of the Old Great Western Building, 501 North "En Street, San Bernardino, California. B. Property: San Bernardino Convention Center, 295 North "En Street, San Bernardino, California. Negotiating Parties: Najib Khoury and Angela Foster. Under Negotiation: To provide instructions to Agency/City staff regarding possible transfer of Convention Center lease. c. Property: Harris' Department Store, 300 North nE" Street, San Bernardino, California. Negotiating Party: UBS. Under Negotiation: Provide instruction to Agency staff regarding possible acquisition of the property. 32 9/6/94 CLOSED SESSION At 5:54 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 6:27 p.m., Council Member Pope-Ludlam left the closed session. COUNCIL MEMBER CURLIN EXCUSED At 6:37 p.m., Council Member Curlin left the closed session. ADJOURN CLOSED SESSION At 6:40 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 6:40 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, Miller; Senior Assistant City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark. Absent: Council Members Curlin, Pope-Ludlam; City Administrator Shauna Clark. 33 9/6/94 ADJOURNMENT (50) At 6:40 p.m., the meeting was adjourned. The next regular meeting will be held at 8:00 a.m., Monday, September 19, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By IJ~<--~ /41 Linda Hartzel Deputy City Clerk By , .. '. /' 12;;c' d../U/ ' ---?~// ,.< (/,2'L- L<_-.~ Melanie Vale Deputy City Clerk No. of Items: 75 No. of Hours: 8 34 9/6/94