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HomeMy WebLinkAbout12-19-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING DECEMBER 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 8:02 a.m., Monday, December 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 Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. City Attorney Penman announced that the following would be discussed in closed session: Conference with legal counsel anticipated litigation significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one case. RECESS MEETING - CLOSED SESSION At 8:02 a.m., the Mayor and Common session for the following: (1) Council recessed to closed 1. Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Manta Manaqement Corporation vs. Citv of San Bernardino - United States District Court Case No. CV - ED 94-251 RT (Mcx) . B. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aoency Neqotiator: Barbara Dillon, Personnel Director Emolovee Orqanization: San Bernardino Police Officers Association (SBPOA) 1 12-19-94 CLOSED SESSION At 8:02 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 Curlin, Hernandez, Oberhelman, Devlin, Miller, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. Also present: Deputy City Attorneys Roth and Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, and Al Boughey, Director of Planning & Building Services. 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. DEPUTY CITY ATTORNEY EMPENO & PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 8:16 a.m., Deputy City Attorney Empeno and Planning & Building Services Director Boughey lef~ the closed session. COUNCIL MEMBER NEGRETE ARRIVED At 8:18 a.m., Council Member Negrete arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:20 a.m., Council Member Pope-Ludlam arrived at the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:35 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. PERSONNEL DIRECTOR DILLON ARRIVED At 8:36 a.m., Barbara Dillon, Director of Personnel, arrived at the closed session. ADJOURN CLOSED SESSION At 9: 03 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 9:06 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 2 12-19-94 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, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Kendall C. Baker, Senior Minister, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS - 1994 AWARD - SAN BERNARDINO TRUCK DISMANTLING - JOHN MUELLER (2) Mayor Minor presented John Mueller, Owner, Truck Dismantling, with the Association of Professionals 1994 Award, which the City previously behalf. San Bernardino Environmental accepted on his Mr. Mueller accepted the award. EMPLOYEE RECOGNITION AWARDS - THIRD QUARTER 1994 (2A) In a memorandum dated November 29, 1994, Les Fogassy, Chairman, Employee Recognition Award Selection Committee, stated that the following individuals were chosen as the 1994 Third Quarter Employee Recognition Award recipients: Management/ Confidential Safety General James Sharer Facilities Management Fire Public Services Bruce D. Park Adrienne Loa James Sharer, Bruce Park and Adrienne Loa accepted their awards. The following individuals were presented with nomination certificates for the 1994 Third Quarter Employee Recognition Awards: James Voss, Police, Joyce Johnson, Police, Norma Lambson, Library, Judith Rubio, Finance, and Deborah Woldruff, Planning & Building Services. 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 their many years of dedicated service to the City: 3 12-19-94 Name Department Years of Service Diane Caldera Facilities Mgmt. 5 year pin Ernest Carmichael, Jr. Facilities Mgmt. 5 year pin Gary Hoepfner Facilities Mgmt. 10 year pin Clinton Sharp Facilities Mgmt. 10 year pin Sylvia Bates Finance 5 year pin James McMullen, III Fire 10 year pin Joey Webb Fire 10 year pin Patricia Handwerk Personnel 5 year pin Deborah Woldruff Planning & Building 5 year pin Services Thomas Bielaszka Police 5 year pin Daniel Kiel Police 10 year pin Brad Lawrence Police 10 year pin Gina Feola Police 10 year pin Thomas Holcombe Police 10 year pin Kenneth Boardman Police 15 year pin Michael Grzonka Police 15 year pin Cheri Williams Police 15 year pin Gerold Ryen Police 30 year pin Thomas Clark San Bernardino 5 year pin Employment & Training Agency Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3) Council Member Negrete provided a synopsis of the action taken relative to the Mt. Vernon corridor project. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin reflected upon the actions taken by the Mayor and Common Council throughout 1994, and expressed holiday greetings to the residents within the City. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3B) Council Member Hernandez expressed appreciation to the voters within the Third Ward who did not sign the recall petition, and expressed concern regarding the negative reaction exhibited towards the minority council members. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3C) Council Member Oberhelman wished the residents of the City a Merry Christmas and a Happy New Year. 4 12-19-94 ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3D) Council Member Devlin expressed holiday greetings to the residents of the City. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3E) Council Member Pope-Ludlam urged citizens to not drink and drive during the holiday celebrations. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3F) Council Member Miller expressed appreciation for the support of City residents, and extended holiday greetings. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3G) City Attorney Penman stated that the City is currently litigating a case concerning adult entertainment, and expressed appreciation for the efforts of Sandra Paulsen, Senior Planner, Planning & Building Services, Henry Empeno, Deputy City Attorney, and Richard Morillo, Senior Assistant City Attorney, City Attorney's Office, for their roles in identifying areas within the City in which adult entertainment is permissible. PUBLIC COMMENTS - JAMES HAMILTON (4) James D. Hamilton, 23335 Westwood Street, Grand Terrace, CA, expressed concern regarding the property-appraisal process. PUBLIC COMMENTS - BRIAN PLANT (4A) Brian Plant, 498 W. Court Street, San Bernardino, CA, expressed concern regarding the conduct of the legislative body, and urged the residents to become more actively involved in City government. PUBLIC COMMENTS - JEFF WRIGHT (4B) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the suppression of free speech. PUBLIC COMMENTS - JOHN STEVENS (4C) John Stevens, 4097 Pershing Avenue, expressed concern regarding the radioactive Norton Air Force Base. San Bernardino, CA, material at the former 5 12-19-94 CLAIMS AND PAYROLL (12) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated December 12, 1994, from the Director of Finance, be approved. PERSONNEL ACTIONS (13) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 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. APPROVE PLANS & AUTHORIZE ADVERTISEMENT RESTORATION & EROSION CONTROL PLANTING - DEBRIS BASIN OF BIDS - SLOPE CHESTNUT AVENUE (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 7, 1994, concerning the approval of plans and authorization to advertise for bids for slope restoration and erosion control planting for the Chestnut Avenue debris basin. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for restoration of slopes and erosion-control planting for the Chestnut Avenue debris basin, in accordance with Plan No. 9202, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, opposition to the ordinances. P. O. Box 2341, San Bernardino, CA, expressed waiving of full reading of the resolutions and COUNCIL MEMBER DEVLIN EXCUSED At 9:46 a.m., Council Member Devlin left the Council meeting. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agenda be waived. COUNCIL MEMBER DEVLIN RETURNED At 9:47 a.m., Council Member Devlin meeting and took his place at the council returned to the Council table. 6 12-19-94 RES. 94-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE HEADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER. (6) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94 - 3 74 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. .. ESTABLISHING A BASIC COMPENSATION PLAN. . . ", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (GENERAL UNIT) (7A) RES. 94-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN. . . " , BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (7B) RES. 94-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN. . . ", BY CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE- MANAGEMENT UNIT) . (7C) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN. ..", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. (MANAGEMENT & CONFIDENTIAL) (Discussed later in the meeting) (See Page 26) (7D) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTIONS TWELVE AND FOURTEEN (CONFIDENTIAL AND MANAGEMENT EMPLOYEES), TO CONFORM TO PRIOR COUNCIL ACTION. (S5) Council Member Oberhelman made a motion, seconded by Council Member Miller, that resolutions under Items 7A, 7B and 7C be adopted. (Note: The vote was taken after discussion.) Discussion ensued regarding the actions taken to approve the management and confidential salary increases. 7 12-19-94 City Attorney Penman explained the concerns of the City Attorney's Office relative to the actions taken with respect to the salary increases for management and confidential employees. A discussion was held regarding the negotiations held with the San Bernardino City Management Association. Diane Attorney's authority, Roth, Deputy City Attorney explained that the City Office is concerned with the delegation of the Mayor's which is stipulated by the City Charter. Discussion ensued regarding a possible resolution to the concerns noted by the City Attorney's Office. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that resolutions under Items 7D and S5 be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) Deputy City Attorney Roth explained that approval of Item S5 would implement the approved salary increases and would allow time to resolve the legal issues concerning evaluations. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the actions displayed by the legislative body during the conduct of Council meetings. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the Mayor meet with the City Attorney and City Administrator to resolve the issues on Items 7D and S5, and that the matter be resolved and voted upon by the first of January 1995. Council Member Miller withdrew he~ second. The motion failed for lack of a second. Discussion continued regarding the actions taken relative to the management and confidential salary increases and the legal concerns raised with conducting performance evaluations for at-will employees. Resolution Nos. 94-375, 94-376 and 94-377 (Items 7A, 7B & 7C) were adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Curlin. Absent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that the resolution under Item 7D be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. -. 8 12-19-94 The motion carried by the following vote: Ayes: Members Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Members Negrete, Curlin, Hernandez. Absent: None. Council Council Council Member Miller made a motion, seconded by Council Member Devlin, that the resolution under Item S5 be adopted. Council Member Miller withdrew her motion. The motion failed. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that the resolution under Item S5 be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion Members Negrete, Council Member Absent: None. carried by the following vote: Oberhelman, Devlin, Pope-Ludlam, Hernandez. Abstain: Council Ayes: Miller. Member Council Nays: Curlin. RES. 94-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (WEED ABATEMENT) (8) COUNCIL MEMBER At 10:38 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. The following individuals expressed opposition to the placement of liens: Keith Thompson, a resident of San Bernardino, California. Jeff Wright, P. O. Box 2341, San Bernardino, California. Resolution Ayes: Council Devlin, Miller. No. 94-378 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. RECESS MEETING At 10:45 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:55 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 9 12-19-94 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, Pope-Ludlam, Miller, Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. PUBLIC HEARING - ALLEY VACATION - EAST/WEST ALLEY LYING BETWEEN "E" & "F" STREETS AND EVANS STREET & MAGNOLIA AVENUE SOUTH HALF OF THE NORTH/SOUTH ALLEY LYING CLOSEST TO "E" STREET (16) This is the time and place set to consider the proposed east/west alley vacation lying between "E" and "F" Streets, Evans Street and Magnolia Avenue and the south half of the north/south alley lying closest to "E" Street. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 28, 1994, concerning the proposed east/west alley vacation lying between "E" and "F" Streets, Evans Street and Magnolia Avenue and the south half of the north/south alley lying closest to "E" Street. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the purpose for the proposed alley vacation. The following individuals expressed opposition to the proposed alley vacation: Ron Correy, 555 W. Evans, San Ber~ardino, California. Mrs. Wheeler, 563 W. Evans, San Bernardino, California. Gene Klatt, Assistant City Engineer, answered questions regarding the request for the proposed alley vacation. A discussion ensued concerning the merits of the proposed alley vacation. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF EAST/WEST ALLEY LYING BETWEEN "E" STREET AND "F" STREET AND BETWEEN EVANS STREET AND MAGNOLIA AVENUE, AND THE SOUTH 1/2 OF THE NORTH/SOUTH ALLEY LYING CLOSEST TO "E" STREET, IN THE CITY OF SAN BERNARDINO, AND RESERVING EASEMENTS FOR PUBLIC UTILITY PURPOSES THEREIN. (16) 10 12-19-94 Council Member Curlin made a motion, that the proposed alley vacation be denied. The motion failed for lack of a second. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the hearing be closed. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the proposed alley vacation be denied. The motion carried by the following vote: Ayes: Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Negrete. Absent: Council Miller. None. PUBLIC HEARING - VACATION OF PUBLIC UTILITY EASEMENT TRACT NO. 2259 - SOUTH SIDE OF 25TH STREET, BETWEEN 1-215 FREEWAY & MlRAMONTE DRIVE - REAR FIVE FEET OF LOTS 87-94 & 113-115 (17) This is the time and place set to consider the vacation of the public utility easement for Tract No. 2259, south side of 25th Street, Between 1-215 Freeway and Miramonte Drive, rear five feet of Lots 87-94 and 113-115. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated November 28, 1994, concerning the vacation of the public utility easement for Tract No. 2259, south of 25th Street, between 1-215 Freeway and Miramonte Drive, rear five feet of Lots 87-94 and 113-115. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to how the $1,000 processing fee was derived. It was noted that the $1,000 fee covers the administrative costs. RES. 94-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE PUBLIC UTILITY EASEMENT LYING OVER THE REAR FIVE FEET OF LOTS 87 THROUGH 94 AND LOTS 113 THROUGH 115, TRACT NO. 2259, ON THE SOUTH SIDE OF 25TH STREET AND BETWEEN THE 1-215 FREEWAY AND MlRAMONTE DRIVE IN SAN BERNARDINO. (17) 11 12-19-94 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the findings of fact as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, dated November 28, 1994, as to why that certain public utility easement over the rear five feet of Lots 87 through 94 and Lots 113 through 115, Tract No. 2259, is no longer necessary for public utility easement purposes, be approved, and that said resolution be adopted. The motion carried and Resolution No. 94-379 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - GRANT DEED, SALES AGREEMENT DOCUMENTS - SALE OF PROPERTY - 1350 SOUTH "E" SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT & ESCROW STREET - (18) This is the time and place set for a public hearing relative to the sale of City-owned property located at 1350 South "E" Street, San Bernardino, CA, to the San Bernardino Valley Municipal Water District. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 12, 1994, concerning the sale of City-owned property located at 1350 South "E" Street to the San Bernardino Valley Municipal Water District. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the value of the property. RES. 94-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED CONVEYING THAT CERTAIN CITY-OWNED PROPERTY TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE SALES AGREEMENT AND OTHER ESCROW DOCUMENTS. (18) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 12 12-19-94 Resolution No. 94-380 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RENTAL HOUSING CERTIFICATION PROGRAM CERTIFICATION OF RENTAL HOUSING - 12-MONTH - CONTINUED FROM DECEMBER 5, 1994 INSPECTION & PILOT PROGRAM (19) This is the time and place continued implementation of a 12-month pilot program for certification of rental housing within the City. to consider inspection and Shauna Clark, City Administrator, submitted a Staff Report dated December 15, 1994, concerning the implementation of a 12- month pilot program for inspection and certification of rental housing within the City. City Administrator Shauna Clark provided a synopsis of the action taken regarding the proposed rental housing certification program. Peggy Ducey, Assistant to the and answered questions regarding Arizona program. City Administrator, the components of explained the Mesa, Concern was expressed regarding the costs to the property owners in compliance with the proposed rental housing certification program. A discussion was held concerning the positive and negative aspects of the proposed rental housing certification program. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 11:37 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. William Bringman, 8123 Palm, San Bernardino, CA, expressed concern that the program only focuses on rental housing. The following individuals expressed opposition to the proposed rental housing certification program: Diane Harkison, California. 375 W. 25th Street, San Bernardino, Willard Clampitt, property owner, 2240 Gail Drive, Riverside, California. Jeff Wright, P. O. Box 2341, San Bernardino, California. Unidentified speaker. 13 12-19-94 The following individuals spoke in support of the proposed rental housing certification program: David Schulze, San Bernardino Valley Association of Realtors, 1298 North "D" Street, San Bernardino, California. Dean Myers, 982 W. 2nd Street, San Bernardino, California. Al Pritchett, Apartment Association of the Inland Empire, 875 Lorna Street, Corona, California. Joe Martin, 28783 Canyon Oak, Highland, California. Ron Kemper, Board of Realtors, 29359 Kemper Lane, Highland, California. James Wirth, 1980 N. Sierra Way, San Bernardino, California. City Administrator Shauna Clark answered questions regarding the proposed rental housing certification program. CITY ATTORNEY PENMAN EXCUSED At 12:09 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Rhemrev. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.25 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A PROGRAM TO IMPROVE RENTAL HOUSING. (Ordinance introduced on December 19, 1994.) First (19) City Clerk Rachel Clark read the title of the ordinance into the record. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the rental housing certification program concept be approved, that the budget finalized by City and Economic Development Agency staff for the rental housing certification program be approved, that all positions associated with the rental housing certification program be submitted to the Personnel Committee and the Mayor and Common Council for approval, that City staff, working with the San Bernardino Valley Association of Realtors and apartment owners, continue to develop the specifics of the landlord education and certification element of the program (Mesa, Arizona model) and that this element be submitted to the Mayor and Common Council for final approval, and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. 14 12-19-94 RECESS MEETING At 12: 12 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 2:04 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, City Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. ORD. MC-915 - AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ADULT BUSINESSES AND DECLARING THE URGENCY THEREOF. Urqency (S6) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the urgency of the ordinance. Deputy City Attorney Empeno explained that in order to protect the public health, safety and welfare, and to protect the City's ordinances from potential constitutional challenges, adoption of this urgency ordinance must take effect immediately. The City's ordinances must provide adult businesses a reasonable opportunity to open and operate within the City, and the ordinance would allow them to do so. Ordinance No. MC-915 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & COUNSEL SABO ARRIVED At 2:09 p.m., Economic Development Agency Administrator Timothy Steinhaus and Counsel Timothy Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:09 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. 15 12-19-94 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1) 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 and supplemental agenda be waived. CITY ATTORNEY PENMAN EXCUSED At 2:12 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ORD. MC-916 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY PROJECT NO. ONE REDEVELOPMENT PROJECT. Final (R6A) ORD. MC- 917 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK REDEVELOPMENT PROJECT. Final (R6B) ORD. MC-918 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT. Final (R6C) ORD. MC-919 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT. Final (R6D) ORD. MC-920 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. Final (R6E) ORD. MC-921 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT. Final (R6F) ORD. MC-922 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT. Final (R6G) 16 12-19-94 ORD. MC-923 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT. Final (R6H) ORD. MC- 924 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT. Final (R6I) ORD. MC-925 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT. Final (R6J) ORD. MC-926 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TRI-CITY REDEVELOPMENT PROJECT. Final (R6K) ORD. MC-927 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT. Final (R6L) ORD. MC-928 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT. Final (R6M) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said ordinances be adopted. Ordinance Nos. MC-916, MC-917, MC-918, MC-919, MC-920, MC-921, MC-922, MC-923, MC-924, MC-925, MC-926, MC-927 and MC-928 were adopted by the following vote: Ayes: Commission 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. 17 12-19-94 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 5:51 p.m., Economic Development Agency Administrator Timothy Steinhaus left the Council meeting and was replaced by City Administrator Shauna Clark. ECONOMIC DEVELOPMENT AGENCY COUNSEL SABO EXCUSED At 5:51 p.m., Economic Development Agency Counsel Sabo left the Council meeting. RES. 94 - 3 81 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING ACCEPTANCE AND APPROVAL OF THE CONTRACT TO AUTHORIZE THE REFUND OF THE UNOBLIGATED WASTE CHARACTERIZATION TRUST FUND MONIES IN THE AMOUNT OF $419,714.58. (9) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-381 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF ONE (1) VACUUM RODDER TRUCK TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION 95-12. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted, and that $107,190 be allocated from the unappropriated fund balance to purchase one (1) vacuum rodder truck to be utilized by the Public Services Department. The motion carried and Resolution No. 94-382 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-929 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22, SECTIONS 19.22.030, 19.22.060(G), 19.22.080, AND 19.22.150, AND CHAPTER 19.14, SECTION 19.14.030 (6) AND (7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) MODIFYING DEFINITIONS RELATING TO BILLBOARDS/OFF-SITE SIGNS, AND ADDING CRITERIA BY WHICH A QUALIFYING BUSINESS MAY ESTABLISH A FREEWAY SIGN, APPLYING CITYWIDE. Final (11) 18 12-19-94 Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be adopted. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At 5:57 p.m., Council Members Hernandez and Pope-Ludlam left the Council meeting. Ordinance No. MC-929 was adopted by the following vote: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. None. Absent: Council Members Hernandez, Pope-Ludlam. Ayes: Nays: COUNCIL MEMBER At 5:58 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the RES. 94-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL. (14) Council Member Negrete made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 94 -383 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. RES. 94-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF THE 800 MHZ TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES UNDERTAKEN BY THE CITY. (20) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-384 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. CONSTRUCT BOULEVARD BIDS BICYCLE LANES - UNIVERSITY PARKWAY & NORTH PARK - APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR (21) Roger Hardgrave, Director of Public submitted a Staff Report dated December 7, construction of bicycle lanes on University Boulevard. Works/City Engineer, 1994, concerning the Parkway and Northpark 19 12-19-94 Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for construction of bicycle lanes on University Parkway and Northpark Boulevard, in accordance with Plan No. 9224, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ADDICTION MEDICINE CONSULTANTS TO PROVIDE RANDOM DRUG/ALCOHOL TESTING IN ACCORDANCE WITH DOT (DEPARTMENT OF TRANSPORTATION) POLICY EFFECTIVE JANUARY 1, 1995. (22) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted for discussion purposes only. (Note: There was no vote taken.) Concern was expressed relative to the costs for the services to be provided. Council Member Miller made a substitute motion that said resolution be continued, and that staff address the concerns. The motion failed for lack of a second. A discussion was held regarding the consultant-selection process. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 6:05 p.m., Council Member Pope-Ludlam left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that said resolution be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 94-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONWIDE COMPANIES FOR THE PROVISION OF AUCTIONEER SERVICES. (23) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. City Administrator Shauna Clark read a memorandum from City Attorney Penman dated December 19, 1994, wherein Mr. Penman states that because he has received a substantial campaign contribution from Nationwide Companies, there is an appearance of a conflict of interest. Consequently, the law office of Sabo and Green will advise the Council on this matter free of charge. 20 12-19-94 COUNCIL MEMBER HERNANDEZ RETURNED At 6: 07 p. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Resolution No. 94-385 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. NOTE: Although Council Member Hernandez was present, he did not register a vote. COUNCIL MEMBER At 6: 08 p. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the CITY-WIDE REFUSE & RECYCLING PROGRAM RESIDENTIAL COLLECTION PROGRAM THREE-CAN (24) Pat Malloy, Director of Public Services, submitted a Staff Report dated December 8, 1994, concerning the city-wide refuse and recycling program. COUNCIL MEMBER CURLIN EXCUSED At 6:09 p.m., Council Member Curlin left the Council meeting. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the city-wide refuse and recycling program. Larry Webster, a resident of San Bernardino, CA, expressed opposition to the city-wide refuse and recycling program. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Staff Report from Pat Malloy, Director of Public Services, dated December 8, 1994, relative to the split-container system for residential recycling be received and filed, that staff be authorized to proceed with implementation of the three-can residential collection program, and that staff be authorized to release requests for bids on the necessary refuse-collection vehicles and automated containers for commingled recyclables and green materials. COUNCIL MEMBER CURLIN RETURNED At 6:12 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RES. 94-386 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE TELECOMMUNICATIONS DIVISION TO AWARD A TELEPHONE LONG DISTANCE SERVICE CONTRACT TO MCI COMMUNICATIONS. (25) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 21 12-19-94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the services to be provided. Resolution No. 94-386 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 1 OF SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE AUTHORITY OF THE SECURITY GUARD PERSONNEL IN THE CAROUSEL MALL TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE IN AND AROUND THE CAROUSEL MALL. (Continued from December 5, 1994) (26) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be continued to January 9, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 94-387 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING PERFORMANCE OF CONSTRUCTION WORK FORCE ACCOUNT BY THE CITY OF SAN BERNARDINO WATER DEPARTMENT. (Sl) Discussion ensued as to whether the Matich Corporation is involved in Phase Two of the rehabilitation of the former Norton Air Force Base. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that the Matich Corporation is involved, and expressed concern regarding the toxic materials within the area. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-387 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. RES. 94-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE UNDERGROUNDING AND RELOCATION OF OVERHEAD LINES ALONG TIPPECANOE AVENUE, WITHIN FORMER NORTON A.F.B. (S2) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-388 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 22 12-19-94 RES. 94-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RUBA ENTERPRISES, INC., RELATING TO THE DEFERRAL OF ADDITIONAL STORM DRAINAGE AND TRAFFIC SYSTEM FEES FOR CONVERSION OF A BUILDING AT 5975 PALM AVENUE FOR A DENNY'S RESTAURANT. (S3) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Concern was expressed regarding whether the City would be secured financially. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if the action was being taken as a result of financial hardship. Senior Assistant City Attorney Barlow explained that the City's financial interests are secured by a deed of trust. Resolution No. 94 -389 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-390 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBLIC RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACT, REQUIRING THE PAYMENT OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS, AND REPEALING RESOLUTION NO. 88-423. (S4) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted, and that the City Clerk be directed to conduct a survey of reproduction costs charged by other cities, and report back to the Ways and Means Committee no later than February 8, 1995, with a recommendation on whether the City's current reproduction costs should be changed. The motion carried and Resolution No. 94-390 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECEIPT OF RECALL PETITIONS - WARDS ONE, TWO & THREE - COUNCIL MEMBER HERNANDEZ (AS1) Council December 15, Three recall Member Hernandez submitted a Staff 1994, concerning the receipt of Wards petitions. Report dated One, Two and 23 12-19-94 Council Member Oberhelman made a motion, seconded by Council Member Curlin, that a City Clerk employee be requested and/or directed to be available to officially receive recall petitions for Council Wards One, Two and Three on January 13, 1995, the normal deadline date, for amending the original certificate. (Note: There was no vote taken.) Discussion ensued regarding the legality of making an exception to the City Hall hours of operation. Council Member Oberhelman withdrew his motion. The motion failed. Council Member Hernandez made a motion, seconded by Council Member Negrete, that a City Clerk employee be requested and/or directed to be available to officially receive recall petitions for Council Wards One, Two and Three on January 13, 1995, the normal deadline date, for amending the original certificate. (Note: The vote was taken after discussion.) Discussion continued regarding the legality of making an exception to the City Hall hours of operation. Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, to direct the City Clerk to advise the proponents of the recall of the availability of City Clerk staff to receive the petitions on January 13, 1995, and informing them of the new deadline. (Note: There was no vote taken.) City Clerk Rachel Clark explained the deadlines for the filing of the recall petitions for Wards One, Two and Three. Senior Assistant City Attorney Barlow advised the Mayor and Council that the proposed motions are not consistent with the law, and that a conflict of interest exists because of those council members who are involved in the recall. Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed discontent regarding the actions exhibited by the council members in the conduct of the council meetings. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Members Oberhelman, Devlin, Miller. Absent: None. Council Council Mayor Minor vetoed the motion. There was no further action taken on this matter. 24 12-19-94 RES. 94-391 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-510 ENTITLED IN PART "RESOLUTION. . . ESTABLISHING SEWER CONNECTION AND INSPECTION FEES..." TO AUTHORIZE A FREEZE OF THE SEWER CONNECTION FEE DESIGNATED FOR CONSTRUCTION AND IMPROVEMENTS OF THE WASTEWATER TREATMENT PLANT TO THE RATE IN EFFECT ON OCTOBER 1, 1993. (27) Bernie Kersey, General Manager, Water Department, explained that the department is requesting a rate freeze until such time as a study could be completed. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-391 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING - CLOSED SESSION (1) At 6:43 p.m., the Mayor and Common Council recessed to closed session for the following: lB. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aoencv Neqotiator: Barbara Dillon, Personnel Director Emolovee Oroanization: San Bernardino Police Officers Association (SBPOA) CLOSED SESSION At 6:43 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, City Clerk Rachel Clark, City Administrator Shauna Clark. Also present: Barbara Dillon, Director of Personnel. ADJOURN CLOSED SESSION At 6: 53 p. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council. 25 12-19-94 RECONVENE MEETING At 6:53 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, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RES. 94-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN. . . " , BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. (MANAGEMENT & CONFIDENTIAL) (Discussed earlier in the meeting) (See Page 7) (7D) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the previous action taken to continue said resolution to January 9, 1995, be reconsidered. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Members Oberhelman, Devlin, Miller. Absent: None. Council Council A discussion confidential salary evaluations could be was held increases resolved. regarding the and whether the management and issue concerning Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-392 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Ludlam, Miller. Nays: Council Member Oberhelman. Absent: vote: Pope- None. 26 12-19-94 ADJOURNMENT (28) At 6:55 p.m., the regular meeting adjourned. The next regular meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, January 2, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 1f~-- ~ S zanna Cordova epuCy CiCy Clerk No. of Items: 38 No. of Hours: 9 27 12-19-94