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HomeMy WebLinkAbout09-19-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 19, 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 8:00 a.m., Monday, September 19, 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, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:00 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) (1) Thomas Armendariz vs, James F. Penman, et al United States District Court Case No. 91-5757; (2 ) Guardian Bank vs, James States District Court (JRx) ; F. Penman, et al - United Case No. CV 92-4415 CBM (3) Insurance Company of the State of Pennsvlvania vs, City of San Bernardino, et al United States District Court Case No. CV 94-0125 MRP (Ex); (4) Edward F. Graziano. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No, SCV 10966; (5) Maqdaleno vs. City of San Bernardino San Bernardino Superior Court Case No. 248739. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): Two potential cases. 1 9-19-94 CLOSED SESSION At 8:00 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, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Senior Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Victor Lorch, Director of Risk Management. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. SENIOR DEPUTY At 8: 05 a. m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8: 09 a. m., Council Member Pope-Ludlam arrived at the closed session. COUNCIL MEMBERS NEGRETE, CURLIN & HERNANDEZ AND SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8:10 a.m., Council Members Negrete, Curlin and Hernandez and Senior Assistant City Attorney Morillo left the closed session, ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:11 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. ADJOURN CLOSED SESSION At 8: 15 a. m., the closed session adj ourned the Council Chambers of City Hall, 300 North Bernardino, California. to 9:00 a.m., in "D" Street, San RECONVENE MEETING At 8:59 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. 2 9-19-94 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; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Miller. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. APPOINTMENT - NORMAN L. HANOVER - CENTRAL CITY PARKING PLACE COMMISSION - COUNCIL MEMBER MILLER (2) In a recommended Drive, San Commission, memorandum dated September 13, 1994, the appointment of Norman L. Hanover, Bernardino, CA, to the Central City per Council Member Miller's request. Mayor Minor 3152 Parks ide Parking Place Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Norman L. Hanover to the Central City Parking Place Commission, as requested by Council Member Miller, be approved. COUNCIL MEMBER MILLER ARRIVED At 9:01 a.m., Council Member Miller arrived at the Council meeting and took her place at the council table. PROCLAMATION - DAYS OF CARING - SEPTEMBER 23 & 24, 1994 - ARROWHEAD UNITED WAY (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution declaring September 23 & 24, 1994, as "Days of Caring" within the City of San Bernardino and recognized Arrowhead United Way's dedicated service to the community. Cathleen Crosby and Sybil Helem, Arrowhead United Way, accepted the proclamation. SERVICE PIN AWARDS (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of following employees who received service pin awards in gratitude of his/her many years of dedicated service to the City: Name Department Years of Service Elveida Taylor Jerry Butler City Clerk Economic 5 year pin 5 year pin 3 9-19-94 Vashtie Dowdy Michael Dickinson Greg Gallagher Troy Hutton Michael McClelland, III Richard Moss Mark Thoman Bennie Walton Gary Cote Jane Johnson Anne Kassel Gregory Wallace Patrick Pritchett Johnny Turner Roxana Guillen James Hamlin Ramon Rocha, III Nancy Clark Robert Evans Gregory Gonzales Daniel Hernandez Timothy Porter Development Agency Facilities Mgmt. Fire Fire Fire Fire Fire Fire Fire Finance Parks, Recreation & Community Services Parks, Recreation & Community Services Parks, Recreation & Community Services Police Police Police Police Police Police Police Public Services Public Services Public Works 20 year pin 5 year pin 5 year pin 5 year pin 5 year pin 5 year pin 5 year pin 20 year pin 15 year pin 5 year pin 5 year pin 15 year pin 5 year pin 5 year pin 10 year pin 10 year pin 10 year pin 20 year pin 25 year pin 35 year pin 35 year pin 15 year pin Each employee received a service pin presented by Mayor Minor and their respective department head. PUBLIC COMMENTS - RONALD COATS (4) Ronald Coats, 25819 Date Street, San Bernardino, CA, recommended that a multi-year binding lease be obtained prior to the construction of the baseball stadium, objected to the misuse of Economic Development Agency funds and urged the Mayor and Council to implement a city-operated ambulance transportation service. PUBLIC COMMENTS - FAUSTO TAFOLLA (4A) Fausto Tafolla, 129 South Mount Vernon, San Bernardino, CA, expressed opposition to the actions taken by the Mayor and Council during recent council meetings, and urged the Third Ward Council Member to be more responsive to the needs of the third ward residents. PUBLIC COMMENTS - LARRY SINGLETON (4B) Larry Singleton, 265 W. 21st Street, San Bernardino, CA, expressed concern regarding the lack of decorum at recent council meetings. 4 9-19-94 PUBLIC COMMENTS - HAROLD SMILEY (4C) Harold Smiley, 328 Echo Court, San Bernardino, CA, expressed appreciation regarding the events conducted September 15-18, 1994, in connection with the Route 66 Rendezvous. PUBLIC COMMENTS - RICHARD RIOS - REFERENCED LATER IN THE MEETING - SEE PAGE 8 (4D) Richard Rios, Victory Outreach Church, 990 W. Mill Street, San Bernardino, CA, urged the Mayor and Council to consider the waiver of development fees for the renovation of the Victory Outreach Church facility. PUBLIC COMMENTS - JOHN STEVENS (4E) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, expressed concern regarding the possibility of the City's water supply being contaminated with radioactive materials and the toxic dump located next to the Sun Telegram. PUBLIC COMMENTS - RUBEN LOPEZ (4F) Ruben Lopez, 631 W, 16th Street, San Bernardino, CA, expressed concern relative to the actions displayed by the Mayor and Council during recent council meetings, and opposed the misuse of redevelopment funds. PUBLIC COMMENTS - GARY KIRBY (4G) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed support for the construction of the baseball stadium if the San Bernardino Spirit was to become affiliated with the Los Angeles Dodgers Baseball Organization; requested that the City submit a resolution of support to the Los Angeles Dodgers Baseball Organization; expressed appreciation towards the events associated with the Route 66 Rendezvous and expressed opposition relative to items being discussed out of order on the consent calendar. PUBLIC COMMENTS - MARY SUE ATANASOVA (4H) Mary Sue Atanasova, 780 E. 9th Street, #86, San Bernardino, CA, served Council Member Curlin with a Notice of Intention to Recall. PUBLIC COMMENTS - NOLA CLARK (41) Nola Clark, 2505 W. Foothill, San Bernardino, CA, expressed concern regarding the lack of representation by the Third Ward Council Member. 5 9-19-94 PUBLIC COMMENTS - IRMA TORRES (4J) Irma Torres, 1288 W. 6th Street, San Bernardino, CA, served Council Member Negrete with a Notice of Intention to Recall. PUBLIC COMMENTS - HECTOR LUNA (4K) Hector Luna, 1255 W. Reece Street, San Bernardino, CA, stated that he had attended the 16th of September Fiesta held on September 16 and 17, 1994, at La Plaza Park, and expressed his appreciation that no alcoholic beverages were served. PUBLIC COMMENTS - JEFF WRIGHT (4L) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the manner in which recent Council meetings have been conducted. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin stated that a Second Ward Town Hall meeting was held on September 7, 1994, and concern was expressed over the abundance of single-family housing. He expressed his desire to see an inventory of single-family housing completed, and expressed concern regarding the misrepresentation of Proposition 188, which will be on the November 1994 state-wide ballot. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez responded to the comments made during the public comments portion of the agenda, ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman expressed appreciation concerning the events held September 15-18, 1994, in connection with the Route 66 Rendezvous; and commended the individuals who assisted. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3C) Council Member Devlin expressed appreciation for the events held in connection with the Route 66 Rendezvous. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3D) Council Member Pope-Ludlam expressed support for those involved with the Route 66 Rendezvous. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3E) Council Member Miller gave tribute to the events held in connection with the Route 66 Rendezvous. 6 9-19-94 RECESS MEETING At 10:12 a.m., Mayor Minor declared a five-minute recess, RECONVENE MEETING At 10:21 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 "DB Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. SET PUBLIC HEARING - OCTOBER 17, INSPECTION PROGRAM 1994 - RENTAL HOUSING (21) In a memorandum dated September 7, 1994, Shauna Clark, City Administrator, stated that a public hearing was held on July 5, 1994, relative to the rental housing inspection program. At that time, the Mayor and Council directed that a rental housing task force committee be established to discuss further alternatives for implementation of a rental housing inspection program. A committee was formed of 20 individuals consisting of elected City officials, staff members of the City and Economic Development Agency and community and business representatives, as recommended by David Schulze, Vice President of the San Bernardino Valley Association of Realtors, On June 22, 1994, the Committee met to discuss the focus of the program, to review the proposed recommendations and were advised to offer any new recommendations at the meeting to be held on August 5, 1994. At the meeting held on August 5, 1994, Dave Rudisel, Community Development Manager, City of Azusa, presented the City of Azusa's rental inspection program; and gave a brief overview of the existing City code enforcement program, Recommendations were discussed and two opposing views with respect to the fee structure were addressed. Due to the urgency expressed by the majority of the Committee, it was recommended that the matter be brought before the Mayor and Council on September 19, 1994. In an undated memorandum, David Schulze, Vice President, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, CA, expressed support for a rental housing inspection program, and provided an alternative financing option for implementation of the proposed rental housing inspection program. 7 9-19-94 Shauna Clark, City Administrator, provided a synopsis of the action taken relative to implementation of the proposed rental housing inspection program. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:25 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Dave Rudisel, Community Development Manager, City of Azusa, made a presentation regarding the City of Azusa's rental inspection program; and answered questions concerning their program. City Administrator Shauna Clark reviewed Alternatives I, II and III, which were recommended for implementation for the proposed rental housing inspection program, Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that Alternative Plan No. Two be selected in order to implement the rental housing inspection program; and that a public hearing be set for October 17, 1994, at 10:00 a.m" in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to adopt the rental housing inspection program. Ron Kemper made a presentation regarding a proposed tenant- screening program to be implemented in connection with the rental housing inspection program. He suggested that a County ordinance be adopted which would require that all tenants report to a central database, charged a fee, and that a disclosure be made that a search would be conducted relative to arrests and warrants. Mr, Kemper answered questions concerning the tenant-screening program. Senior Assistant City Attorney Barlow explained that research is being conducted to determine whether or not an individual is conducting a business if it relates to only one property. David Schulze, Vice President, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, CA, expressed concern regarding the creation of a new tax. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Council Member Pope-Ludlam, Absent: None. Ayes: Miller. Council Nays: DEVELOPMENT PERMIT FEES - FIRE DEPARTMENT REGULATIONS - DISCUSS & TAKE POSSIBLE ACTION - VICTORY OUTREACH CHURCH - 990 W. MILL STREET - COUNCIL MEMBER HERNANDEZ (28) In a memorandum dated September 12, 1994, Council Member Hernandez requested that discussion and possible action take place regarding the Fire Department requirements and fees associated with the obtaining of development permits. 8 9-19-94 Discussion ensued regarding a possible waiver of fees associated with obtaining development permits for the installation of a sprinkler system for the renovation of the Victory Outreach Church located at 990 W. Mill Street, San Bernardino, California. Guy Burdick, Fire Marshall, explained that the requirements are imposed by State and City regulations; and answered questions regarding the renovation of the Victory Outreach Church. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 11:05 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. Richard Rios, Victory Outreach Church, 990 W. Mill Street, San Bernardino, CA, explained that the church is requesting a waiver of the Water Department development fees and approval of the installation of the alarm system as the need arises. Discussion continued regarding requirements and the Water Department obtaining the development permits. the fees Fire Department associated with Council Member Pope-Ludlam made a motion, seconded by Member Miller, that the matter be referred to the Committee. (Note: There was no vote taken,) Council Housing Fire Marshall Burdick explained that the Fire Department could work with the applicant; however, could not represent the Water Department. Council Member Oberhelman made a substitute motion, seconded by Council Member Hernandez, that the matter be continued to November 7, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Oberhelman amended his substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the next Housing Committee meeting and be continued to November 7, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 11:23 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:32 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. 9 9-19-94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark, Absent: Council Member Pope-Ludlam. RES. 94-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. .. ESTABLISHING A BASIC COMPENSATION PLAN. , . n; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (GENERAL UNIT) (12) RES. 94-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR A DRUG .ABUSE RESISTANCE EDUCATION (D,A.R.E.) PROGRAM OFFICER. (13) Council Member Oberhelman made a motion, Member Hernandez, that further reading of waived; and that said resolutions be adopted. seconded by Council the resolutions be The motion carried and Resolution Nos. 94-276 and 94-277 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. CLAIMS AND PAYROLL (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated August 29, 1994, from the Director of Finance, be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:34 a,m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the waiving of full reading of resolutions and ordinances. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas, be waived. 10 9-19-94 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 submi::ted in typewritten form: August 1, 1994. ORD. MC-911 - 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. Final (7) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Larry Singleton, 265 W. 21st Street, San Bernardino, CA, expressed opposition to the use of law enforcement to oppress the citizens' right to speak at the meetings of the Mayor and Council; and objected to the adoption of said ordinance. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced objection to the misuse of the rules of conduct for meetings of the Mayor and Council; and objected to the adoption of said ordinance. Mike Moll, 6705 N. Steven Way, San Bernardino, CA, expressed support for the adoption of said ordinance; however, recommended that the time limit for public comments be increased to five minutes. Gary Kirby, 1505 Yardley, San Bernardino, CA, eXplained that the adoption of said ordinance would codify the rules which are currently adhered to; and expressed support for the adoption of said ordinance if the rules would also be imposed on the Mayor and Council. John Stevens, 4097 Pershing Avenue, San Bernardino, CA, expressed opposition to the adoption of said ordinance. Ordinance No. MC-911 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (8) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposition to the adoption of said resolution because assistance is not being provided to the homeowners, expressed financial 11 9-19-94 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted; and that Page Five of Exhibit A be amended to delete the property located at 377 E. Gilbert Street. The motion carried and Resolution No. 94-278 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope- Ludlam. Absent: None. RES. 94-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (9) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the adoption of said resolution, A discussion was held regarding whether the property would be responsible for the removal of vehicle if the vehicle is not owned by the property owner of the an abandoned owner. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94-279 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: Council Member Pope-Ludlam. Absent: None. RECESS MEETING At 11:55 a.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North nD" Street, San Bernardino, California, to discuss the role of the City Council in a disaster. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:23 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Devlin, pope-Ludlam, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Hernandez, Oberhelman. 12 9-19-94 Also present: Fred Wilson, Assistant City Administrator; Al Boughey, Director of Planning & Building Services; Dick McGreevy, Disaster Preparedness Coordinator, Fire Department; Tony Ferrara and Frank Cowan, California Specialized Training Institute; and Melanie Ingram, Office of Emergency Services - Southern Region. LUNCHEON WORKSHOP CALIFORNIA SPECIALIZED INSTITUTE (CSTI) - DISASTER PREPAREDNESS TRAINING (37) In a document dated September 1994, the California Specialized Training Institute (CST!), provided information regarding the City's role in a disaster. Dick McGreevy, Disaster Preparedness Coordinator, provided a synopsis of the action taken by the City in preparation of a disaster, and introduced Tony Ferrara, California Specialized Training Institute. Tony Ferrara, representing California Specialized Training Institute, a training facility of the California Office of Emergency Services, P. O. Box 8104, San Luis Obispo, CA, made a presentation regarding the City's role in disaster preparedness to meet the needs of its personnel and citizens, legal responsibilities, and potential liability; and explained the Petris Bill and the Standardized Emergency Management System. COUNCIL MEMBER CURLIN EXCUSED At 12:37 p.m., Council Member Curlin left the luncheon workshop. LACK OF A QUORUM At 12:37 p.m., there was no longer a quorum present at the Mayor and Common Council meeting. Discussion continued on the City's role in disasters for informational purposes only. COUNCIL MEMBER MILLER EXCUSED At 12:56 p.m., Council Member Miller left the luncheon workshop. There was no action taken on this item. RECESS LUNCHEON WORKSHOP At 1:13 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "Dn 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 13 9-19-94 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; Deputy City Attorney Empeno; City Clerk Rachel Clark. Absent: Ccuncil Members Pope-Ludlam, Miller; City Administrator Shauna Clark. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 94-02 CHANGE LAND USE DESIGNATION FROM OIP, OFFICE INDUSTRIAL PARK, TO CG-1, COMMERCIAL GENERAL - NORTH SIDE OF MILL STREET APPROXIMATELY 175 FEET EAST OF WATERMAN AVENUE (38) This is the time and place set for a public hearing to consider General Plan Amendment No. 94-02, to change the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General, on a parcel located northeast of Mill Street and Waterman Avenue. In a memorandum dated September 1, 1994, Al Boughey, Director of Planning and Building Services, stated that General Plan Amendment No, 94-02 would change the general plan land use designation from OIP, Office Industrial Park, to CG-1, Commercial General, or IL, Industrial Light; or retain the current OIP, Office Industrial Park, designation on a vacant 8.8 acre site located on the north side of Mill Street, approximately 175 feet east of the intersection of Waterman Avenue and Mill Street. The site has a 625 - foot frontage on Mill Street and consists of two lots. The north lot does not have direct access to a public right-of-way. The site adjoins those properties designated CG-1, Commercial General, by General Plan Amendment No. 93-04. The Mayor and Common Council approved General Plan Amendment No. 93-04 on May 7, 1994, which changed the land use designation from Office Industrial Park to Commercial General for properties on all corners of the Mill Street and Waterman Avenue intersection. This 8.8 acre site was considered, but excluded from General Plan Amendment No. 93-04, as it would create a large section of property designated Commercial General. Pursuant to a request from the property owners of the subject site, the Mayor and Common Council directed Planning staff to prepare a general plan amendment to consider alternative land use designations. Staff evaluated two alternatives: Alternative One proposes designating the site Commercial General, as the land adjoining the site on the west side is already Commercial General. The addition of the 8.8 acres creates a large commercial area of 21.5 acres at the Waterman Avenue and Mill Street intersection, and the conversion of Norton Air Force Base to civilian use would support commercial use in this area. 14 9/19/94 Alternative Two proposes designating the site Industrial Light because of the presence of existing Industrial Light designated land to the east of the site. The site is currently designated Office Industrial Park, but no longer has access to Waterman Avenue. It is isolated from other Office Industrial Park designated land along the Waterman Avenue corridor because the only access is from Mill Street, Leaving the site designated Office Industrial Park is not a practical option since it does not fit the General Plan description of the Office Industrial Park designation. An Initial Study was reviewed by the Environmental Review Committee on May 12, 1994. The Environmental Review Committee recommended a negative declaration, The Planning Commission reviewed General Plan Amendment No. 94-02 on August 2, 1994, and recommended adoption of the proposed negative declaration and approval of General Plan Amendment No. 94-02 to change the land use designation from Office Industrial Park to Commercial General. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (38) In a memorandum dated September 15, 1994, Al Boughey, Director of Planning and Building Services, stated it would be necessary to continue the matter to the Mayor and Common Council meeting of October 3, 1994, in order to meet the legal noticing requirements prescribed by state law. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the matter be continued to October 3, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. None. Absent: Council Members Pope-Ludlam, Miller. Council Nays: PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 94-06 - REVISE DATE REFERENCED FOR FLOOD INSURANCE STUDY & ACCOMPANYING MAPS FROM JANUARY 1979 TO RECENT REVISIONS (39) This is the time and place set for a public hearing to consider Development Code Amendment No. 94-06 to revise the date referenced for the Flood Insurance Study and accompanying Flood Insurance Rate Maps (FIRM's) for the City of San Bernardino from January 1979, to the most recent revisions. 15 9/19/94 In a memorandum dated September 19, 1994, Al Boughey, Director of Planning and Building Services, stated that the Development Code incorporates the Flood Insurance Study for the City of San Bernardino and the accompanying Flood Insurance Rate Maps (FIRM's) dated January 1979 by reference. Development Code Section 19.16.030(2) currently refers to Flood Insurance Rate Maps dated January 1979, and is inconsistent with the most recent revisions as issued by the Federal Emergency Management Agency (FEMA) , dated February 2, 1994. In order to maintain compliance with Federal Emergency Management Agency regulations, the City is required to reference the most recent Flood Insurance Rate Maps in documents relating to flood hazard management. Development Code Amendment No. 94-06 would revise the date of the referenced documents to reflect the most recent revisions which are dated February 2, 1994. Chapter 15.72 of the Municipal Code, Flood Control Measures, is being revised concurrently. The proposal to revise the date referenced for the Flood Insurance Study for the City of San Bernardino is exempt from California Environmental Quality Act, as it would not impact the environment. At its meeting of August 2, 1994, the Planning Commission recommended approval of Development Code Amendment No. 94-06 and adoption of the ordinance. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA expressed concern regarding the impact this change would have on flood plain areas, and asked if it would raise insurance rates, ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.16, SECTION 19.16,030(2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE; PERTAINING TO FLOOD CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO. First (39) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the hearing be closed; that the Mayor and Common Council approve Development Code Amendment No. 94-06; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, None. Absent: Council Members Pope-Ludlam, Miller. Council Nays: PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-15 - UPGRADE ALCOHOLIC BEVERAGE CONTROL LICENSE UNDER CERTAIN CONDITIONS IN THE CN, COMMERCIAL NEIGHBORHOOD, LAND USE DISTRICT - RECONSIDER CONDITIONAL USE PERMIT NO. 93-01 - UPGRADE TO ALCOHOLIC BEVERAGE CONTROL LICENSE - EXISTING CONVENIENCE STORE - 484 SOUTH RANCHO AVENUE (40) 16 9/19/94 This is the time and place set for a public hearing to consider Development Code Amendment No. 93-15, to permit the upgrade of Alcoholic Beverage Control (ABC) Licenses under certain conditions in the CN, Commercial Neighborhood, land use district; and reconsideration of Conditional Use Permit No. 93-01, to permit an upgrade to sell liquor at an existing convenience store located at 484 South Rancho Avenue. In a memorandum dated September 8, 1994, Al Boughey, Director of Planning and Building Services, stated that Development Code Amendment No. 93-15 would permit a legally existing nonconforming convenience store in the Commercial Neighborhood land use district to upgrade from beer and wine to liquor sales. This will potentially affect six Commercial Neighborhood locations within the City. Additionally, reconsideration of the previous Mayor and Common Council denial of Conditional Use Permit No. 93-01 would upgrade the ABC license at an existing nonconforming convenience store located at 484 S. Rancho Avenue to include liquor sales. Ali Yassin applied for Conditional Use Permit (CUP) No. 93-01 on January 14, 1993. Subsequently, CUP 93-01 was denied upon appeal by the Mayor and Common Council on September 9, 1993. However, at the request of the Mayor and Common Council, the City Attorney's office met with the applicant, and based on a letter from Henry Empeno, Deputy City Attorney, the Mayor and Common Council directed Planning staff to advise Mr. Yassin to submit a Development Code Amendment (DCA) application. The application, DCA 93-15, was submitted on December 23, 1993, Subsequently, the Development Review Committee recommended approval and proposed a negative declaration on May 5, 1994. The project was heard by the Planning Commission on July 5, 1994. Following considerable discussion, the Planning Commission recommended denial of the project. Conditional Use Permit No. 93-01 was denied based on Development Code Section 19.06.030 (2) (B) which states that an establishment".. . shall not be located within.. .100 feet of any property designated for residential purposes. . ." and ".. . shall not be located in such close proximity to another similar use to cause oversaturation.. .". The proposal is to amend Development Code Section 19,20.030 (2) (B) as follows: A legally existing, nonconforming, convenience store, possessing an ABC license for the sale of beer and wine in a Commercial Neighborhood land use designation may upgrade to the sale of liquor, subject to an ABC license and subject to approval of a conditional use permit, even if the site is within 100 feet of residential property, providing that the following conditions are met: That the application is for the expansion of an existing legal nonconforming use; that the site is within 100 feet of an existing business establishment with the same use which is located outside the City of San Bernardino; and that the applicant submits 17 9/19/94 a written statement of non-opposition to the application for the CUP which is signed by all property owners and tenants in the City of San Bernardino parcels within a radius of 100 feet as measured from property line to property line. The Environmental Review Committee reviewed the initial study for the Development Code Amendment and recommended a negative declaration. The initial study was made available for public review and comment; no comments were received, and the project was cleared to the Planning Commission on June 9, 1994. The Planning staff recommends that the Mayor and Common Council adopt the negative declaration, adopt the ordinance that approves Development Code Amendment No. 93-15, and approve Conditional Use Permit No. 93-01, subject to the conditions of approval. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (B), OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL "ABC" LICENSES. First (40) In a memorandum dated September 15, 1994, Al Boughey, Director of Planning and Building Services, stated it would be necessary to continue the matter to the Mayor and Common Council meeting of October 3, 1994, in order to meet the legal noticing requirements prescribed by state law. Council Member Hernandez made a motion, seconded by Council Member Devlin, 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 2:06 p,m" City Administrator Shauna Clark returned to the Council meeting, RES. 94-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARD ING A SCHEDULE A-I I I ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 33915 TO FORD MOTOR CREDIT COMPANY FOR THE FINANCING OF TWENTY-SIX (26) POLICE PATROL VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-16. (10) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin. Nays: Miller. No. 94-280 was Members Negrete, None. Absent: adopted by the following vote: Curlin, Hernandez, Oberhelman, Council Members Pope-Ludlam, 18 9/19/94 COUNCIL MEMBER At 2: 07 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the RES. 94-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (11) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. COUNCIL MEMBER MILLER RETURNED At 2:08 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Resolution No. 94 -281 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Oberhelman. Absent: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:10 p,m., Deputy City Attorney Empeno left the Council meeting and was replaced by Deputy City Attorney Roth. PERSONNEL ACTIONS (15) Rudy Arellano from the Traffic Section of the Public Works Department addressed the Council and requested that Item One, the appointment of a Maintenance Supervisor in the Public Works Engineering Division, be reconsidered. He requested that a current City employee, who had performed in the position for approximately two years, be promoted permanently to the position rather than hiring from the outside. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the personnel actions submitted by the Chief Examiner dated September 8, 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, except for Item One; and that Item One be referred to the Personnel Committee. Discussion ensued regarding the Maintenance Supervisor position, the procedure for contesting the department's decision, qualifications of the internal candidates, and what options are available to resolve this problem. City Administrator Shauna Clark acknowledged that Jerry Morana had held the position for approximately two years. She added that he should be the person making the complaint rather than Mr. Arellano. 19 9/19/94 Deputy City Attorney Roth stated that if Mr. Morana was going to be discussed it should be done in closed session; this is a personnel issue and the protection of the employee needs to be recognized. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Ludlam. Nays: Council Member Miller. Absent: None. Council Pope- RES. 94-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAMES OF 1ST AVENUE TO WOODROW MILLER DRIVE; 3RD STREET TO OTTO GERICKE DRIVE; 5TH STREET TO FRANK BLAND DRIVE, AND "G" STREET TO ART TOWNSEND DRIVE; ALL WITHIN THAT AREA OF NORTON AIR FORCE BASE, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (16) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; and that both the first and last names of the respective individuals be included on the street name changes. Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that all of the street names be read. Resolution No. 94-282 was adopted as amended by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Nays: None. Absent: None. RES. 94-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EGN CONSTRUCTION, INC., FOR STREET WIDENING IMPROVEMENTS ON THE NORTH SIDE OF MILL STREET, EAST OF nD" STREET AND THE SOUTH SIDE OF RIALTO AVENUE, WEST OF nE" STREET, (17) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed interest in whether the proposed improvements to Rialto Avenue west of "E" Street were related to the plan to construct a baseball stadium in that area. Resolution No. 94 -283 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None, 20 9/19/94 CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:31 p.m., City Administrator Shauna Clark left the Council meeting. DEPUTY CITY ATTORNEY ROTH EXCUSED At 2:31 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ATTORNEY SABO ARRIVED At 2:31 p.m., Attorney Sabo, legal counsel for the Economic Development Agency, arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:30 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. RES. 94-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOSNEY CONSTRUCTION, BACKHOE & EQUIPMENT FOR INSTALLATION OF CURB AND GUTTER AT VARIOUS LOCATIONS. (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-284 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 2:46 p.m., Chairman Minor declared a ten-minute recess. RECONVENE MEETING At 2:58 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 Sabo, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:58 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. 21 9/19/94 PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (R6) This is the time and place set for a public hearing on the utilization of Community Development Block Grant (CDBG) funds. In a memorandum dated September 14, 1994, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, requested that Mayor and Council approve the cancellation of certain Community Development Block Grant (CDBG) projects and the reprogramming of surplus funds into new CDBG projects recommended by the Community Development Citizens Advisory Committee. The total of recommended capital improvement projects to be canceled is $520,635. Within the CDBG budget a shortfall of $301,720 has been identified, which is attributed to overruns on several Parks, Recreation and Community Services projects. After the necessary funds are applied to the budget shortfall from the $520,635, the remaining $218,915 is available for reprogramming, The total public service projects recommended for cancellation is $86,993. There is no budget shortfall within the CDBG public service budget; therefore, the entire amount of $86,993 could be reprogrammed into other public service programs. Mayor Minor opened the hearing. Stafford Parker, Deputy Director, Development Division, Economic Development Agency, gave a brief overview of projects having no substantial activity, those with surplus funding, proposed capital improvement projects, and projects not recommended for funding; and answered questions regarding these recommendations. Discussion ensued concerning various projects recommended for cancellation and proposed for funding. Jeff Wright, concern regarding canceling others, P.O. the Box 2341, decision to San Bernardino, CA expressed fund certain projects while Steve Sutherland, Baseline Business Bernardino, CA, expressed concern about beautification of that area. Association, the lumens San and Michael Ludwig, Easter Seal Society of the Inland Counties, 241 East Ninth Street, San Bernardino, CA, thanked the Council for reconsideration and funding of their program. council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. 22 9/19/94 RES. 94-285 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND THE ORGANIZATIONS IDENTIFIED IN THE 1994- 1995 MID-YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS APPROVED BY THE COMMON COUNCIL ON SEPTEMBER 19, 1994. (R6) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve the cancellation of certain Community Development Block Grant (CDBG) projects set forth in Exhibit "A" and transfer unexpended funds to projects recommended by the Community Development Citizen Advisory Committee; that the Mayor and Common Council approve and adopt the Community Development Citizen Advisory Committee recommendations for 1994/1995 Mid-Year CDBG-funded programs, projects and activities and authorize the Executive Director to submit the 1994- 1995 Mid-Year CDBG Statement of Objectives and Projected Use of Funds to the U. S. Department of Housing and Urban Development (HUD); and that said resolution be adopted. The motion carried, and Resolution No. 94-285 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 ATTORNEY BARLOW RETURNED At 3 :21 p.m., City Administrator Assistant City Attorney Barlow returned & SENIOR ASSISTANT CITY Shauna Clark and Senior to the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SEWER CONNECTION AGREEMENT WITH LAWRENCE R. NIEZGODZKI RELATIVE TO CONNECTION OF 4060 ELECTRIC AVENUE TO THE CITY'S SEWAGE SYSTEM. (18) Discussion ensued regarding the positive and negative aspects of authorizing an agreement which would allow a proposed multi-unit structure within a County pocket to connect to the City's sewer system, since surrounding property is zoned for single-family residential structures. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the request for connection to the City's sewer system be denied. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 3:27 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. 23 9/19/94 Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the effect this would have on people who are within 200 feet of the property line, and how billing would be handled for the County residents. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, voiced opposition to allowing this complex to connect to the City's sewer system and stated it would be a good opportunity to have this County pocket annexed to the City of San Bernardino. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None, RES. 94-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (MERIDIAN AND RANDALL AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) (19) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted, Mike questioned assessment be all new Moll, 6705 North Steven Way, San Bernardino, CA, whether properties have been taken from another district to enlarge this district, or whether it would properties that are being added. Council Member Oberhelman amended his motion, seconded by Council Member Miller, that said resolution be adopted; and that large, red bold letters be used on the notices informing property owners that their properties are being included in an assessment district. The motion carried, and Resolution No. 94-286 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FLOOD CONTROL MEASURES. First (20) Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. 24 9/19/94 RES. 94-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND RALPH ANDERSON & ASSOCIATES, INC, , FOR SERVICES RELATING TO THE PERFORMANCE OF A MANAGEMENT AUDIT OF THE POLICE DEPARTMENT. (22) Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Council Member Devlin amended his motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; and that the agreement be amended to include the Police Commission in the audit process; and that the Mayor and Council be included in the interviews. The motion carried, and Resolution 94-287 was adopted by the following vote: Ayes: Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. WAIVE FEES - TEEN FAIRE - 1994 $57 - YOUNG WOMENS CHRISTIAN ASSOCIATION - SECCOMBE LAKE PARK PAVILION - OCTOBER 14, (23) In a memorandum dated September 8, 1994, Fred Wilson, Assistant City Administrator, stated that the Young Womens Christian Association had requested a waiver of fees in the amount of $57 for use of Seccombe Lake Park Pavilion for a Teen Faire, to be held October 14, 1994. Gary Kirby, 1505 Yardley, San Bernardino, CA, urged the Mayor and Common Council to enforce the City's established criteria for determining whether to waive fees and/or subsidize events. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the request for a waiver of fees in the amount of $57 for use of Seccombe Lake Park Pavilion, in connection with the YWCA's Teen Faire on October 14, 1994, be approved. WAIVE FEES & CO-SPONSORSHIP $94,59 AQUINAS HIGH SCHOOL - ASSOCIATED STUDENT BODY - FOOTBALL HOMECOMING PARADE - SEPTEMBER 30, 1944 (24) In a memorandum dated September 6, 1994, Fred Wilson, Assistant City Administrator, stated that the Aquinas High School Associated Student Body has requested co-sponsorship and waiver of fees in the amount of $94.59 for their Homecoming Parade on September 30, 1994. Discussion ensued regarding whether the City assumes any liability when they agree to co-sponsor events. 25 9/19/94 Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request for the co-sponsorship and waiver of fees in the amount of $94.59 for the Aquinas High School Football Homecoming Parade on September 30, 1994, be approved; subject to insurance and indemnification. WAIVE FEES & CO-SPONSORSHIP - $418 - CAJON HIGH SCHOOL - FOOTBALL HOMECOMING PARADE - OCTOBER 21, 1994 (25) In Assistant requested for their a memorandum dated September 8, 1994, Fred Wilson, City Administrator, stated that Cajon High School has co-sponsorship and waiver of fees in the amount of $418 Homecoming Parade on october 21, 1994. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request for the co-sponsorship and waiver of fees in the amount of $418 for the Cajon High School Football Homecoming Parade on October 21, 1994, be approved; subject to insurance and indemnification. RES. 94-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ALLAN STEWARD, INC., A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY, AND REPEALING RESOLUTION 93-70. (26) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Discussion ensued regarding the parking agreement now in effect. City Administrator Shauna Clark noted that the original agreement called for designated parking spaces at a monthly rate of $24.34 each, versus undesignated spaces at a rate of $11.17 per month. However, since payment was never made, the designations were never painted by the City, Council Member Oberhelman made a substitute motion, seconded by Council Member Hernandez, that said resolution be adopted; and that language be included in the agreement to require payment at the reduced rate for the months from January 1994 to June 1994. Discussion ensued regarding spaces. how designation is made. parking up to this time, etc. the location of the parking where the tenants have been The motion carried, and Resolution No. 94-288 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Absent: None. 26 9/19/94 DESIGNATE VOTING DELEGATE - LEAGUE OF CALIFORNIA ANNUAL CONFERENCE - OCTOBER 23-25, 1994 - LONG CALIFORNIA CITIES BEACH, (27) In a memorandum dated September 7, 1994, City Clerk Rachel Clark stated that the League of California Cities Annual Conference would be held October 23-25, 1994, in Long Beach, California. The League of California Cities has requested that each City designate a voting representative and an alternate voting representative to participate in conducting business at the General Business Meeting, Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that Council Member Miller be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held October 23-25, 1994, in Long Beach, California; and that Council Member Oberhelman be designated as the alternate voting representative. REORGANIZE POSITIONS PUBLIC WORKS/ENGINEERING DEPARTMENT & PARKS, RECREATION & COMMUNITY SERVICES - LANDSCAPE INSPECTION (29) In a memorandum dated September 7, 1994, Barbara Dillon, Director of Personnel, stated that concerns have been raised regarding the split responsibility for inspection of landscape assessment districts between the Public Works/Engineering Department and Parks, Recreation & Community Services Department. Parks, Recreation & Community Services has three individuals performing landscape inspection services on a City-wide basis, including assessment districts, while Public Works/Engineering has the responsibility for administering the contracts and preparing the annual assessment rolls for assessment districts. This matter was referred to the Legislative Review Committee for review; and the Committee approved a recommendation from staff to transfer and reclassify one Park Maintenance Worker III from Parks, Recreation & Community Services to Public Works/Engineering and to assign this individual primary responsibility for inspection of landscape maintenance in assessment districts. The position of Landscape Inspector I would be established at Range 1322 ($2,211-$2,688/month), and the Park Maintenance Worker III, who is at Step 5 of Range 1295 ($2,347/month), would be reclassified to a Landscape Inspector I at Step 4 of Range 1322 ($2, 560/month), when the individual is transferred to Public Works/Engineering. The increased cost of the transfer and reclassification for the first year would be $3,017/year, including salaries and benefits. However, all costs incurred for this position would be financed from various landscape maintenance assessment districts. 27 9/19/94 Mike Moll, 6705 N. Steven Way, San Bernardino, CA, expressed concern that the contract for maintaining the assessment districts would not be enforced and that additional costs would be billed to the district; and felt the Council should review the matter more carefully before approving any action. Discussion ensued regarding the advantages of having one person focused on and responsible for the maintenance of the assessment districts; and the steps that are being taken to change the City's contracts to prevent a contractor that is not performing up to standard from bidding on any other projects. This should produce a more direct and efficient inspection, with a quicker response when deficiencies occur. Terry Moll, 6705 N. Steven Way, San Bernardino, CA, stated that although she had reviewed the area of Assessment District No. 991 with employees of Mentone Turf and identified the problems to Mentone Turf Supply and to Parks, Recreation & Community Services, no improvement had been made. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that one (1) Park Maintenance Worker III, Range 1295 ($1,931-$2,347/month) be deleted from Parks, Recreation and Community Services Department and transferred to the Public Works/Engineering Department; that a new classification of Landscape Inspector I be established at Range 1322 ($2,211-$2, 688/month); that the existing classification of Landscape Inspector, Range 1350 ($2,541-$3,088/month) be retitled to Landscape Inspector II; that one (1) Park Maintenance Worker III in Public Works/Engineering be reclassified to Landscape Inspector I, Range 1322 ($2,211-$2,688/month), effective the first pay period of October 1994; that the Finance Department be directed to amend the fiscal year 1994/95 budget for Parks, Recreation and Community Services and Public Works/Engineering, and that the budget be increased for the assessment districts by an additional $3,017; and that the Personnel Department be directed to update Resolution No. 6413, Section Ten, to reflect this particular action. ESTABLISH SALARIES - FIRE DEPARTMENT - RANGES P-1 (FIRE FIGHTER) , P-2 (PARAMEDIC/FIRE FIGHTER/FIRE INVESTIGATOR) , P-3 (FIRE ENGINEER), P-4 (FIRE CAPTAIN), & FIRE FIGHTER TRAINEE - EFFECTIVE AUGUST 1, 1994 (30) In a memorandum dated August 22, 1994, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members , effective August 1 of each year. Ci ty staff and Fire Safety Employees have agreed on the ten cities whose salaries would be averaged to determine this year's P-1 (Fire Fighter), P-2 (Paramedic/Fire Fighter/Fire Investigator), P-3 (Fire Engineer) and P-4 (Fire Captain) salaries for the Fire Department. The Fire Fighter Trainee salary will be changed to $2,317, which is 80 28 9/19/94 percent of the Fire Fighter (P-1), Step 1 salary. The cities selected were Berkeley, Chula Vista, Irvine, Mission Viejo, Modesto, Orange, Riverside, Santa Rosa, Simi Valley, and Thousand Oaks. The monthly salary ranges would be increased from 2.4 percent to 4,2 percent. The total added cost for salaries and fringe benefits is $276,828, Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the salaries for Fire Department Ranges P-1 (Fire Fighter), P-2 (Paramedic/Fire Fighter/Fire Investigator), P-3 (Fire Engineer), P-4 (Fire Captain), and Fire Fighter Trainee be established, effective August 1, 1994, as outlined in the staff report dated August 22, 1994, from Barbara Dillon, Director of Personnel; and that the Personnel Department be directed to prepare an amendment to Resolution Nos. 6429 and 6413, Section Thirteen. ESTABLISH SALARIES FIRE DEPARTMENT RANGES P-5 (BATTALION CHIEF, FIRE MARSHAL & TRAINING OFFICER), P-6 (DEPUTY FIRE CHIEF), P-7 (FIRE CHIEF) - EFFECTIVE AUGUST 1, 1994 (31) In a memorandum dated August 30, 1994, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members, effective August 1 of each year. City staff and Fire Management Employees have agreed on the ten cities whose salaries would be averaged to determine this year's P-5 (Battalion Chief, Fire Marshal & Training Officer), P-6 (Deputy Fire Chief) and P-7 (Fire Chief) salaries for the Fire Department. The cities selected were Chula Vista, Escondido, Fullerton, Glendale, Oxnard, Pasadena, Rancho Cucamonga, Riverside, Santa Rosa and Torrance. The monthly salary ranges would be increased from 1.2 percent to 7.1 percent. The total added cost for salaries and fringe benefits is $29,988. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the salaries for Fire Department Ranges P-5 (Battalion Chief, Fire Marshal and Training Officer), P-6 (Deputy Fire Chief), P-7 (Fire Chief) be established effective August 1, 1994, as outlined in the staff report dated August 30, 1994, from Barbara Dillon, Director of Personnel; and that the Personnel Department be directed to prepare an amendment to Resolution No. 6429. ESTABLISH SALARIES POLICE DEPARTMENT RANGES P-1 (POLICE OFFICER), P-2 (DETECTIVE/TRAINING OFFICER), P-3 (SERGEANT) & LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1, 1994 (32) In a Director of establishes memorandum dated Personnel, stated a formula for August 22, 1994, Barbara that Section 186 of the City setting salaries for local Dillon, Charter safety 29 9/19/94 members, effective August 1 of each year. City staff and Police Safety Employees have agreed on the ten cities whose salaries would be averaged to determine this year's P-1 (Police Officer), P-2 (Detective/Training Officer) and P-3 (Sergeant) salaries for the Police Department, The cities selected were Concord, Costa Mesa, Fontana, Fullerton, Garden Grove, Inglewood, Orange, Oxnard, Pasadena, and Simi Valley. The monthly salary ranges would be increased from 4,48 percent to 6.19 percent. The total added cost for salaries and fringe benefits is $869,166. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/ Training Officer), P-3 (Sergeant) and Law Enforcement Trainee be established effective August 1, 1994, as outlined in the staff report dated August 22, 1994, from Barbara Dillon, Director of Personnel; and that the Personnel Department be directed to prepare an amendment to Resolution Nos, 6429 and 6413, Section Thirteen. ESTABLISH SALARIES POLICE DEPARTMENT RANGES P-4 (POLICE LIEUTENANT), P-5 (POLICE CAPTAIN), P-6 (ASSISTANT CHIEF OF POLICE), & P-7 (CHIEF OF POLICE) - EFFECTIVE AUGUST 1, 1994 (33) In a memorandum dated August 23, 1994, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members, effective August 1 of each year. City staff and Police Management Employees have agreed on the ten cities whose salaries would be averaged to determine this year's P-4 (Police Lieutenant) , P-5 (Police Captain), P-6 (Assistant Chief of Police) and P-7 (Chief of Police) salaries for the Police Department, The cities selected were Bakersfield, Escondido, Fullerton, Garden Grove, Hayward, Irvine, Orange, Oxnard, Pomona, and Simi Valley. The monthly salary ranges would be increased from 1.09 percent to 5.29 percent. The total added cost for salaries and fringe benefits is $62,965. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the salaries for Police Department Ranges P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police), and P-7 (Chief of Police) be established effective August 1, 1994, as outlined in the staff report dated August 23, 1994, from Barbara Dillon, Director of Personnel; and that the Personnel Department be directed to prepare an amendment to Resolution No. 6429. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 4:14 p.m., Council Member Pope-Ludlam left the meeting, 30 9/19/94 RES, 94-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (34) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94 -289 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT POWERS AGREEMENT CREATING A PUBLIC AGENCY KNOWN AS THE "COLTON/SAN BERNARDINO REGIONAL TERTIARY TREATMENT AND WATER RECLAMATION AUTHORITY", BY AND BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO. (Continued to later in the meeting) (See page 32) (35) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Concern was expressed relative to the ratio of responsibility versus ratio of representation on the Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation Authority. It was the consensus of the Mayor and Common Council that this matter be continued to later in the meeting. COUNCIL MEMBER At 4:19 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the STREET VACATION - MARSHALL BOULEVARD BETWEEN ROCKFORD & VICTORIA AVENUES PIEDMONT DRIVE BETWEEN BELVEDERE AVENUE & MARSHALL BOULEVARD - AUTHORIZATION TO PROCEED & PLAN APPROVAL - CONTINUED FROM AUGUST 1, 1994 (36) This is the time and place continued to consider a street vacation for portions of Marshall Boulevard between Rockford and Victoria Avenues, and a portion of piedmont Drive between Belvedere Avenue and Marshall Boulevard. In a memorandum dated September 2, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request had been received from Hunsaker and Associates, Consulting Engineers representing the San Manuel Band of Mission Indians, to vacate a portion of Marshall Boulevard between Rockford and Victoria Avenues, and a portion of piedmont Drive approximately 430 feet east of the center line of Belvedere Avenue and Marshall Boulevard. The San Manuel Band of Mission Indians owns several pieces of property on the west side of Victoria Avenue and is trying to 31 9/19/94 create one large parcel in the process of "federalizing" this property. The San Manuel Band of Mission Indians would like to utilize both piedmont Drive and Marshall Boulevard which are paper streets. These streets have been dedicated for public use, but have not been constructed. At the Council meeting of August 1, 1994, the request for authorization to proceed was continued to September 19, 1994, to allow the City to meet with the applicant to discuss their plans for development of the property. The City and the San Manuel Band of Mission Indians have agreed to hold neighborhood meetings to present the different options to adjacent residents and landowners and address any concerns regarding the development of the property. Jack Mortenson, 5666 Blythe Avenue, Highland, CA, an adjoining property owner, urged the Council to take no action on the vacation proceedings until a neighborhood meeting is held and residents' concerns can be evaluated and addressed by the applicant. Roger Cooper, 5655 Blythe Avenue, Highland, CA, an adjoining property owner, requested more input as to the development plans for the property before the Council approved the vacations. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and the City ClerK be authorized to proceed with the proposed vacation of those portions of Marshall Boulevard between Rockford and Victoria Avenues, and that portion of piedmont Drive lying 430 feet east of Belvedere Avenue and Marshall Boulevard; that Plan No. 9158, showing the proposed vacation of portions of Marshall Boulevard and piedmont Drive, be approved; and that no final action on the vacation proceedings be taken until neighborhood meetings and input have been evaluated and reasonably addressed by the applicant and the City. RES. 94-290 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT POWERS AGREEMENT CREATING A PUBLIC AGENCY KNOWN AS THE "COLTON/SAN BERNARDINO REGIONAL TERTIARY TREATMENT AND WATER RECLAMATION AUTHORITY", BY AND BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO, (Continued from earlier in the meeting) (See page 31) (35) Discussion ensued relative to the City of Colton and the City of San Bernardino each having two members on the Board, and yet the City's scope of involvement exceeds Colton's at a ratio of approximately 75/25; therefore, it would seem that San Bernardino should have more representation. Bernard Kersey, General Manager of the Water stated that financial participation is based on capacity, which is why Colton contributes less Department, use of the financially. 32 9/19/94 Although there is equal representation, no endeavor is undertaken without the approval of both governing agencies; the City Council representing the City of Colton and the Board of Water Commissioners representing the City of San Bernardino, Jeff Wright, P.O. Box 2341, concern that the County might try Colton/San Bernardino Regional Reclamation Authority. San Bernardino, CA, expressed to maneuver their way into the Tertiary Treatment and Water Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-290 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Ludlam, Miller. Nays: Council Member Oberhelman. Absent: vote: Pope- None. REPAY STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT - DISALLOWED COSTS IN JOB TRAINING PARTNERSHIP ACT PROGRAM FUNDING - BOYS CLUB - $3,789.90 IN GENERAL FUND MONIES OF SAN BERNARDINO - DISCUSSION & POSSIBLE ACTION (81) In a memorandum dated September 15, 1994, Mayor Minor stated that pursuant to an agreement between the San Bernardino Employment and Training Agency and the Boys' Club of San Bernardino, an audit was conducted wherein $10,782 was disallowed due to lack of supporting documentation justifying general and administrative expenditures. After several attempts to resolve the matter, documentation could only provide support for $6,999.10, leaving an outstanding debt of $3,789.90 due the State of California Employment Development Department, According to Job Training Partnership Act (JTPA) rules, the disallowed amount cannot be paid with JTPA funds. Therefore, restitution must come from the City General Fund, the Boys' Club, or another funding source other than JTPA. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council approve the repayment to the State of California Employment Development Department of $3,789.90 in General Fund monies for disallowed costs relative to program funding to the Boys Club by the Job Training Partnership Act. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. 33 9/19/94 RES. 94-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A LEASE PURCHASE MASTER AGREEMENT FOR FIRST PUBLIC FINANCE CORPORATION AND AWARDING A LEASE PURCHASE SCHEDULE 1 AGREEMENT TO FIRST PUBLIC FINANCE CORPORATION FOR THE FINANCING OF NINETY-EIGHT HUNDRED (9,800) 90 GALLON AUTOMATED REFUSE COLLECTION CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (82A) RES. 94-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TOTER, INC. FOR THE FURNISHING AND DELIVERY OF NINETY-EIGHT HUNDRED (9,800) 90 GALLON AUTOMATED REFUSE COLLECTION CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (82B) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Jeff wright, P.O. Box 2341, San Bernardino, CA, questioned whether these containers would be used for refuse or recycling. He felt the terms of the contracts were not very good, and it would be cheaper to buy the 90-gallon refuse containers than to lease them. Resolution Nos. 94-291 and 94-292 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMON USE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, LOCATED WITHIN CITY RIGHT OF WAY BENEATH THE BASELINE STREET OVERPASS, WEST OF THE 1-215 FREEWAY. (83) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Bob Brendza, Santa Fe Railway Company, 740 East Carnegie Drive, San Bernardino, CA, stated this bridge would be utilized by Santa Fe Railway and would allow Metrolink trains to arrive and depart the depot without impacting freight train operations. Jeff Wright, concern that this project. Resolution No. 94-293 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. P,O, Box 2341, San Bernardino, CA, project might be related to the expressed rail-cycle 34 9/19/94 CHANGE ORDER NO, FOUR MATICH CORPORATION IMPROVEMENT CONSTRUCTION - TIPPECANOE AVENUE, "C" (SHEPPARD BOULEVARD) & DEL ROSA DRIVE - MODIFY LIGHTING SYSTEM DISCONNECT STREET LIGHTING WITHIN WORK AREA - CONTRACT INCREASE - $25,000 STREET STREET STREET SYSTEM (54) In a memorandum dated September 14, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for improvement of Tippecanoe Avenue, Sheppard Boulevard, and Del Rosa Drive indicate that the existing street lighting systems are to be removed and replaced with a new system. Records available through the Air Force did not show how the existing street lights received electrical power. Upon removing the existing lights, it was discovered that they were wired in series, which shut off power to all street lights on the former Norton Air Force Base. The Air Force representatives still located at Norton are requiring that the existing street lights which are not being removed by the current contract be placed back in service, The contractor has submitted a price quote to make the necessary modification to place the remaining street lights back in service at a cost not-to-exceed $25,000. A grant has been secured through the U. S . Department of Commerce, Economic Development Administration, to finance 75 percent of the total project cost. The 25 percent local agency share would be provided by the Inland Valley Development Agency (IVDA). No City funds would be used to finance the cost of this project, Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern over the number of change orders, stating that a professional engineering company should be able to anticipate them beforehand. Discussion ensued regarding the change order process. Gary Kirby, 1505 Yardley, San Bernardino, CA, noted the need for an ordinance relative to procedural rules for meetings of the Legislative Body, citing the previous discussion with its lack of decorum and courtesy, City Administrator Shauna Clark stated that almost every contract contains a bid price and a contingency provislon. Contingency money is specifically set aside in the event a change order is necessary. She also noted that although the City is administering this project; the bidding, award of contract and all else was handled by IVDA. 35 9/19/94 Council Member Negrete made a motion, seconded by Council Member Miller, that Change Order No, Four 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 make modifications on the existing street lighting system as required to enable the disconnection of the system on Tippecanoe Avenue, "c" Street and Del Rosa Avenue; and maintain street lighting on the remainder of the existing system outside of the work area, at an increase in the contract price not- to-exceed $25,000; from $4,343,299.87 to $4,368,299.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. CITY ATTORNEY PENMAN ARRIVED At 4:41 p.m., City Attorney Penman arrived at the Council meeting and replaced Deputy City Attorney Roth, CHANGE ORDER NO. FIVE MATICH CORPORATION STREET IMPROVEMENT CONSTRUCTION - TIPPECANOE AVENUE, "c" STREET (SHEPPARD BOULEVARD) & DEL ROSA DRIVE - MODIFY EXISTING TELEPHONE VAULTS WITHIN PROJECT WORK AREA - CONTRACT INCREASE - $80,000 (85) In a memorandum dated September 14, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that extensive discussions were conducted with the various utility companies relative to the existing facilities within the former Norton Air Force Base that were owned and operated by the Air Force. The consensus of the utility companies was that all existing utility systems were nonstandard, and they were not interested in acquiring and operating these systems, Therefore, plans were prepared to direct the contractor to remove the tops and a portion of the sides of the telephone vaults and to fill the voids with slurry. After work was started on this proj ect, General Telephone Company reached an agreement with the Air Force to acquire the telephone system. In view of this agreement, the Air Force is requiring that the existing telephone system be maintained in service, To keep this system in service, the tops of the vaults and a portion of the sides would have to be removed and a new top installed that would not be in conflict with the proposed street improvements. The contractor submitted a price quote of $100,219.40 to perform this extra work. Since the City is unable to verify whether this price is fair and reasonable, the extra work will be done on a time and material basis at a price not-to-exceed $80,000. A grant has been secured through the U.S. Department of Commerce, Economic Development Administration, to finance 75 percent of the 36 9/19/94 total project cost. The 25 percent local agency provided by the Inland Valley Development Agency. would be used to finance the cost of this project. share would be No City funds Council Member Negrete made a motion, seconded by Council Member Miller, that Change Order No. Fi ve to the contract with Matich Corporation for the construction of street improvements on Tippecanoe Avenue, "c" Street (Sheppa,.-d Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053 be approved; to authorize the contractor to modify the existing telephone vaults located within the street improvement area; at a price not-to-exceed $80,000, for an increase in the contract price from $4,368,299.87 to $4,448,299.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. CITY ATTORNEY PENMAN EXCUSED At 4:48 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth, RES. 94-294 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO, 94-226 AND RATIFYING JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS. SCV09593, SCV09594, SBCI09793, SCV09790 AND SCV14609. (86) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-294 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None, Absent: None. CITY ATTORNEY PENMAN RETURNED At 4:52 p,m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Roth. NO-SMOKING ORDINANCE - MC-905 - TEMPORARY MORATORIUM (A81) In a memorandum dated September 15, 1994, Council Member Curlin stated that in view of the ambivalence expressed by the City Attorney with regard to enforcement of the newly enacted San Bernardino smoking ordinance, MC-905, and the fact that a State- wide smoking ordinance becomes effective January 1, 1995, he recommended that a motion be made to accord voluntary compliance 37 9/19/94 status to the San Bernardino Smoking Ordinance until January 1, 1995, He added that the effect of this measure should address the complaints of those local establishments claiming an erosion of business due to the proximity of surrounding communities which currently permit smoking. Gary Kirby, 1505 Yardley, San Bernardino, seems like a total reversal of a principled moral Member Curlin and questioned the "real" reason being sought, CA, stated this stand by Council this action was Council Member Curlin made a motion that compliance provisions of San Bernardino's smoking ordinance, MC-905, exception of those relating to the use of cigarette machines, be made voluntary until January 1, 1995. with all with the vending The motion failed for lack of a second. Discussion ensued regarding the legality of the no-smoking ordinance, the lack of enforcement, the decline in business suffered by several of the local restaurants and the State law effective January 1, 1995, addressing the no-smoking issue. City Attorney Penman stated that the moratorium on an ordinance; that pursuant ordinance takes two readings to be amended. District Attorney and Attorney General would enforcing the law going into effect on January City cannot put a to the Charter, an He added that the have the duty of 1, 1995. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that the City Attorney be directed to prepare an ordinance repealing Ordinance No. MC-905 and reinstating Ordinance No. MC-623; and further directing that Code Enforcement Officers are not to enforce the existing Ordinance No. MC-905 until an ordinance repealing same is prepared. The motion carried by Members Negrete, Oberhelman, Council Member Hernandez. Absent: None, the following vote: Devlin, Pope-Ludlam, Abstain: Council Ayes: Council Miller, Nays: Member Curlin. 38 9/19/94 ADJOURNMENT (41) At 5:18 p.m., the regular meeting of the Mayor and Common Council adjourned to 8:00 a.m., Wednesday, September 28, 1994, at California State University San Bernardino, Creative Arts Audi torium, Room 157, 5500 University Parkway, San Bernardino, California. RACHEL CLARK City Clerk By ~ uzanna Cordova Deputy City Clerk By ~k"fft Deputy City Clerk No. of Items: 56 No. of Hours: 8 39 9/19/94