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HomeMy WebLinkAbout03-08-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MARCH 8, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:30 a.m., Monday, February 15, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The city Clerk has caused to be posted the order of adjournment of said meeting held on February 15, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 9:00 a.m., Tuesday, February 23, 1993, on the door of the place at which said meeting was held. ~ The adjourned regular Council of the City of San Mayor Pro Tem Minor at 8:33 Council Chambers of City Bernardino, California. meeting of the Mayor Bernardino was called a.m., Monday, March 8, Hall, 300 North "0" and Common to order by 1993, in the Street, San ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Minor; Council Members Estrada, Reilly, Hernandez, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Holcomb; Council Members Maudsley, Pope-Ludlam. City Attorney Penman announced that the following additional cases would be discussed in closed session: Carmen Gutierrez DeNavarette vs. city of San Bernardino- San Bernardino Superior Court Case No. 257365; city of San Bernardino vs. County of San Bernardino- Riverside Superior Court Case No. 207900. -. RECESS MEETING - CLOSED SESSION (1 & S-l) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1 3/8/93 a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts below, the City council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code section 54957; f. to give instruction to the city's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Comoanv. et al vs. city of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al. - united states District Court Case No. 91-5757; ,~ 2 3/8/93 Julie United (RWRx); M. Thomoson vs. States District Citv Court of San Bernardino. et Case No. SA CV-92-888 al- GT wirth vs. Adams/Citv of San Bernardino - San Bernardino Superior Court Case No. 251346; Weslev vs. citv of San Bernardino - San Bernardino Superior Court Case No. 265422; Maadaleno vs. city of San Bernardino Superior Court Case No. 248739; San Bernardino Saab vs. City of San Bernardino - San Bernardino Superior Court Case No. 234561/Court of Appeal No. E011467; victor Aauilar. et al vs. Cal Nev pioeline Co.. Los Angeles superior Court Case No. C751026; Edmena Burney. et al vs. So. Pac. Transoortation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickev. Inc.. vs. Cal Nev pioeline Co.. City et al- San Bernardino Superior Court Case No. 251310; Ervin Hawkins. et al vs. So. Pac. Transoortation Co.. - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. city of San Bernardino - San Bernardino Superior Court Case No. 256173; Marv E. Washinaton vs. So. Pac. Transoortation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corooration. et al- San Bernardino Superior Court Case No. 255165; Leslie Bond vs. Communitv Develooment Commission. et al- San Bernardino Superior Court Case No. 276373; Paul Stark vs. citv of San Bernardino Municipal Court Case No. 138304. San Bernardino CLOSED SESSION At 8:33 a.m., Mayor Pro Tem Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 3 3/8/93 ,~ ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Minor; Council Members Estrada, Reilly, Hernandez, Minor, Miller; City Attorney James Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Holcomb; Council Members Maudsley, Pope-Ludlam. Also scroggin, Office. present: Deputy City Attorney Roth, Administrati ve Operations Supervisor, and Margaret ci ty Attorney's READING OF RESOLUTIONS & ORDINANCES Deputy city Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:40 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:40 a.m., Deputy city Attorney Roth left the closed session. MAYOR HOLCOMB ARRIVED At 8:44 a.m., Mayor Holcomb arrived at the closed session. MR. ARIAS ARRIVED At 8:56 a.m., Attorney Joseph Arias arrived at the closed session. ADJOURN CLOSED SESSION At 9:20 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:29 a.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam; City Attorney James Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Maudsley, Miller. INVOCATION The invocation was led by Council Member Pope-Ludlam. 4 3/8/93 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. PUBLIC COMMENTS - DAVID OBERHELMAN (3) David Oberhelman, Council Member Elect, Fourth Ward, stated that he was looking forward to four productive years. PUBLIC COMMENTS EFFORTS PAT LEATHERS - GRAFFITI CLEAN UP (3) Pat Leathers, Director of Volunteers, thanked all of the sponsors and participants involved in the graffiti clean up held on Saturday, March 6, 1993, which was staged to raise public awareness regarding City graffiti abatement efforts. She announced that the next clean up day would be April 17, 1993. COUNCIL MEMBER MILLER RETURNED At 9:33 a.m., Council Member Miller returned to the council meeting and took her place at the council table. ARROWHEAD UNITED WAY PRESENTATION - MAYOR'S PERPETUAL TROPHY - CITY OF SAN BERNARDINO - ANNIE RAMOS (4) Annie Ramos, Director of Parks, Recreation and Community Services, stated that in her capacity as the City of San Bernardino's Employee Coordinator, she was pleased to present to the city the Mayor's Perpetual Trophy which is awarded each year to the city whose employees have met, or surpassed, their prior years contributions to Arrowhead united Way. She stated that in 1992 City employees exceeded their previous years contributions to Arrowhead united Way. Mayor Pro Tem Minor accepted the Arrowhead United Way Mayor's Perpetual Trophy. COMMENDATION - FIREFIGHTER JEFF NOVINGER - FIREFIGHTER CURTIS PARKER (4) Ray Salvador, Administrative Assistant to the Mayor, read a commendation to Firefighters Jeff Novinger & curtis Parker for professionalism exhibited during immediate critical fire control operations on December 6, 1992, when Ms. Annabelle Haskins was rescued from a burning structure. Firefighters Jeff Novinger and curtis Parker accepted the commendations. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, commended 5 3/8/93 police and fire officers who assisted a recent shooting victim on Arrowhead Avenue. PUBLIC COMMENTS - CYNTHIA WHITE (3) Cynthia White, a resident of San Bernardino, CA, expressed concern that she had been advised by City staff that she could not install a chain link fence in her front yard. PUBLIC COMMENTS - JACQUES SAINT-AMAND (3) Jacques Saint-Arnand, 272 East Rialto Avenue, San Bernardino, CA, stated that he had recently been mugged in a local motel, and requested reimbursement for his losses through the victim of Crime witness Program. WAIVE FURTHER READING OF ALL RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: November 16, 1992, December 7, 1992, and January 25, 1993. SET PUBLIC HEARING - MARCH INCREASE - CLEAN-UP DEPOSITS CITY FACILITIES PARKS, SERVICES 22, 1993 - PROPOSED FEE & DAMAGE BONDS - USE OF RECREATION & COMMUNITY (7) In a memorandum dated February 25, 1993, Fred Wilson, Assistant City Administrator, stated that on February 24, 1993, the Ways and Means Committee recommended adjusting the damage bond and clean-up deposits in the amounts and methods as presented at the February 15, 1993, Council meeting; and that a public hearing be set for March 22, 1993. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that a pUblic hearing be set for March 22, 1993, at 10:00 a.m., to discuss the proposed fee increases to the clean-up deposits and damage bonds relative to the use of city Parks, Recreation and Community Services facilities for special events. c- 6 3/8/93 SALARY INCREASE SPECIALIST SAN AGENCY (SBETA) $8.00 TO $9.00/HR - SUMMER YOUTH BERNARDINO EMPLOYMENT AND TRAINING (8) In a memorandum dated February 25, 1993, Barbara Dillon, Director of Personnel, stated that George Fujiwara, Executive Director of San Bernardino Employment and Training Agency (SBETA), requested a salary increase for the classification of Summer Youth Specialist, from $8.00 per hour to $9.00 per hour, effective April 1, 1993. This pay rate is needed for parity with the wages received by other comparative staff positions in the Inland Empire. The ability to attract a sufficient number of qualified applicants is critical, as Summer Youth Specialists handle caseloads of up to sixty participants. with the possibility of more federal monies being targeted to summer youth jobs, SBETA has a need to hire Summer Youth Specialists on short notice, once the summer youth program begins. It is anticipated that five to six specialists would be hired for the 1993 program. There would be no imoact to the General Fund, because these positions are funded through Job Training Partnership Act (JTPA) monies. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the salary increase for the classification of Summer Youth Specialist, from $8.00/hour to $9.00/hour, effective April 1, 1993, be approved; and that the Personnel Department be directed to update Resolution No. 6413, Section Thirteen. PARK MASTER PLAN - IMPROVEMENTS TO 21ST STREET PARKING LOT - PERRIS HILL PARK - TRANSFER FUNDS - $46,854 (9) In a memorandum dated February 4, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that it is essential to repair the 21st Street parking lot at perris Hill Park for the effective operation of the new Aquatics Center once it is opened. In the past, patrons have parked in a set-back on Highland Avenue, or behind the tennis courts on the park cul-de-sac. This parking is inadequate to serve the pool, the tennis patrons, and other park users. The plunge is expected to reopen this summer and attendance is anticipated to be higher than in the past due to the newness of the facility as well as its water play-park features. The total estimated cost to rehabilitate the parking lot is $46,854. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the transfer of $46,854 from Park Master Plan (Account #243-363-57511) to establish a line item for improvements to 21st Street parking lot 7 3/8/93 at perris Hill Park, be approved. WAIVE FEE - USE OF GUADALUPE BALL FIELD - FUND RAISER TOURNAMENT - $225 (10) In a memorandum dated February 26, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Guadalupe Youth Baseball League requested a waiver of fees for an adult softball tournament on March 19-21, 1993. Proceeds from this tournament would go directly to the youth league program. Chuck Resendez, President of the League, has stated that the league would not be selling alcohol. This request conforms to the requirements for waivers contained in Resolution No. 91-35. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the request to waive the fees for use of Guadalupe Ball Field in the amount of $225, be approved. JUNIOR UNIVERSITY - ACCEPT PAYMENT - INSURANCE PREMIUM IN LIEU OF RENTAL FEES - FOR BOWL (11) In a memorandum dated February 11, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Junior University applied for the use of FOR Bowl in perris Hill Park from May 1 through August 9, 1993, for its annual performance. Rental fees for this use would be approximately $5,068. Junior University has been conducting youth theater at FOR Bowl for two decades. Attendance exceeds 15,000 each summer. Junior University has acquired a $1 million liability policy, and has requested that the premium costs for this policy be accepted in lieu of the rental costs due to the high cost for the insurance. This request conforms to the requirements for waivers contained in Resolution No. 91-35. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the acceptance of payment of insurance premium by Junior University in lieu of rental fees for FOR Bowl, be authorized. INSTALL IN-FILL PAVING - MILL STREET, FROM IRIS STREET TO MACY STREET - TRANSFER FUNDS - $23,000 (12) In a memorandum dated February 19, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that only one traffic lane in each direction is presently provided on Mill street, between Iris Street and Macy Street. In-fill paving could be installed within the existing right-of-way to provide two traffic lanes in each direction. The preliminary estimated cost for this in-fill paving is $23,000. 8 3/8/93 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the transfer of $23,000 from Account No. 129-309-57838, "Pavement Rehabilitation - South "E" street, from Orange Show Road to Mill Street," to Account No. 129-309-57847, "In-fill Paving - Mill street, from Iris street to Macy street," be approved. MILL/BURNEY LANDSCAPE MAINTENANCE DISTRICT AUTHORIZATION TO PROCEED (13) In a memorandum dated February 18, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received requesting the formation of an assessment district for the maintenance of landscaping along Burney Street in Tentative Tract No. 15093 lying between Mill Street and Poplar street, and east of Pepper Avenue. The assessment would include maintenance of landscaping, energy costs, and administrative costs. The signatures affixed to the referenced petition represent the owners of one hundred percent of the area of the property lying within the proposed boundaries of the district to be assessed for the proposed maintenance. The developer would be required to up-front the cost of the proceedings for establishment of the district. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Engineer and city Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of Burney street, generally between Mill Street and poplar Street, and east of Pepper Avenue, in the City of San Bernardino. CHANGE ORDER NO. ONE - TRAFFIC SIGNAL MODIFICATIONS & INTERCONNECT - MT. VERNON AVENUE FROM 5TH STREET TO BASELINE STREET - CONTRACT INCREASE - $15,000 (14) In a memorandum dated February 16, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that during the installation of the traffic signal interconnect system at Mt. Vernon Avenue and 6th street, two of the existing traffic signal poles were found to be badly deteriorated, and in need of replacement. Caltrans personnel were present and concurred as to the need to replace the two poles. The City suggested that since the contractor was performing work at the intersection, that all four poles be removed and replaced, which would completely modernize the signal equipment at this intersection. 9 3/8/93 The delivery date of the new traffic signal poles would have delayed the project by several months; therefore, it was suggested that the contractor use materials already in stock at the City Yard, and replace the material that was used. The extra work would be performed on a time and material basis. The total estimated cost of Change Order No. One is $15,000, and expended from Federal-Aid Urban Funds. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. One to the contract with DBX, Inc., for the traffic signal modifications and interconnect on Mt. Vernon Avenue, from 5th street to Base Line street, in accordance with Plan No. 8135, be approved; to authorize the contractor to install additional traffic signalization equipment at the intersection of Mt. Vernon Avenue and 6th street, at an estimated increase in the contract price of $15,000; from $125,000 to $140,000. CLAIMS & PAYROLL (15) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated February 24, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (16) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 24, 1993, in accordance with civil service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 93-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO AGREEMENTS WITH FIRST INTERSTATE BANK FOR THE PROVISION OF BANKING SERVICES TO THE CITY OF SAN BERNARDINO AND THE DEPOSIT OF MONIES. (18) RES. 93-47 - 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. (21) 10 3/8/93 ~ RES. 93-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN JANUARY 5 - 22, 1993. (22) RES. 93-49 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE AREA OF MILL AND PEPPER; ORDERING THE AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 975. (26) RES. 93-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SONORA CONSTRUCTION, INC., FOR IN-FILL STREET IMPROVEMENTS ON PORTIONS OF KENDALL DRIVE AND HIGHLAND AVENUE (STATE ROUTE 30). (27) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 93-46, 93-47, 93-48, 93-49, and 93-50 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. ORD. MC-862 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN BERNARDINO MUNICIPAL CODE 2.56.140.B RELATING TO THE CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT APPLICATIONS. Final (28) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said ordinance be adopted. ordinance Ayes: Council Ludlam, Miller. No. MC-862 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Minor, Pope- Nays: None. Absent: Council Member Maudsley. 11 3/8/93 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. (Discussed later in the meeting) (See page 15) (17) It was the consensus of the Council that the resolution authorizing execution of a second amendment to the agreement with Metro Display Advertising, Inc., doing business as Bustop Shelters of California, Inc., be continued to later in the meeting so that staff could be present to answer questions. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING THE APPROVAL OF A GRAFFITI PREVENTION TAX ORDINANCE PURSUANT TO REVENUE AND TAXATION CODE 7287 ET. SEQ. (See Accompanying Item Nos. 20 & 35) (19) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED GRAFFITI PREVENTION TAX ORDINANCE AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE SPECIAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (See Accompanying Item Nos. 19 & 35) (20) ~ AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A GRAFFITI PREVENTION TAX SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTERS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7287 ET. SEQ. (See Accompanying Items Nos. 19 & 20) First (35) city Attorney Penman stated that pursuant to the Revenue and Taxation Code Section 7287, in order to impose a graffiti prevention tax, it must receive approval by the voters. Discussion ensued regarding the intent of the Council when it directed the City Attorney to prepare a model ordinance. The intent was to impose a graffiti prevention tax on business registration certificates, not that the tax be submitted to the voters. Rachel Clark, City Clerk, approximately $12,000 to place the June, 1993 ballot. stated that it would cost graffiti prevention tax on the A discussion was held regarding the graffiti bill that Assemblyman Baca presented to the legislature in Sacramento. Mayor Holcomb stated support for imposing a graffiti prevention tax on business registration certificates to fund the 12 3/8/93 ,- City's graffiti abatement program. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the resolutions, and an ordinance relating to a proposed graffiti prevention tax, be tabled. (Item Nos. 19, 20 and 35.) COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council meeting. APPROVE APPROPRIATION FROM GENERAL FUND RESERVE TO CITY ATTORNEY BUDGET - FUND OUTSIDE ATTORNEY & LITIGATION COSTS - CONTINUED FROM FEBRUARY 15, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 14, 16, 23 & 35 (32) This is the time and place continued to for discussion of appropriating funds from the General Fund reserve to the City Attorney's budget for outside attorney and litigation costs. In a memorandum dated February 10, 1993, James Penman, City Attorney, requested that the Finance Director be instructed to draw down an additional amount not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the following city Attorney budget accounts: litigation- outside attorney, and litigation. In a memorandum dated March 1, 1993, Shauna Clark, City Administrator, presented an analysis of the city Attorney's outside counsel and litigation expenses. The city Attorney's Office has requested an additional allocation of $200,000 which would place their total allocation $590,549 over budget; which is 87% above what was budgeted for litigation, and 36% above the total budget for the department. Additional bills for outside counsel exist in the Attorney's Office, but it has not been determined the amounts, or what periods they cover. If spending continues at the present rate, total litigation expenses would be $1,551,305 by the end of this fiscal year. That is approximately a 450% increase over the 1987/88 figures. During that same period, the city general fund increased only 34%. Discussion ensued regarding the City Attorney's Office budget. Council Member Miller made a motion, seconded by Council Member Reilly, that the Finance Director be instructed to draw down additional amounts not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the following city Attorney budget accounts: Litigation-Outside Attorney (001-051-53049) and Litigation (001-051-53050). (Note: There was no vote taken at this time; the vote was taken later 13 3/8/93 .~ after the discussion.) Discussion ensued regarding the City Attorney's Office budget, and staffing levels. Discussion ensued regarding the need for a management audit of the City Attorney's Office, and whether such an audit would be a positive step, to confirm the ci ty Attorney's budget needs, or a negative step that could be used politically against the City Attorney. RECESS MEETING At 10:26 a.m., motion, seconded by minute recess. Council Member Estrada made a substitute Council Member Miller, to declare a five- The motion carried by the following vote: Members Estrada, Reilly, Minor, Miller. Nays: Pope-Ludlam. Absent: Council Members Hernandez, Ayes: Council Council Member Maudsley. RECONVENE MEETING At 10: 33 a.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney James Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Maudsley. APPROVE APPROPRIATION FROM GENERAL FUND RESERVE TO CITY ATTORNEY BUDGET - FUND OUTSIDE ATTORNEY & LITIGATION COSTS - CONTINUED FROM FEBRUARY 15, 1993 - DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGE 16, 23 & 35(32) The Council discussed the information presented in the memorandum received from the City Administrator and City Attorney regarding the City Attorney's Office budget. Concern was expressed that the only motion on the agenda was to approve the payment of legal expenses that have been incurred; it was felt that any discussion of a management audit of the City Attorney's Off ice should be postponed until a review of the FY 1992/93 budget was conducted. Al Ballard, stated that the meetings, except general election 2739 North "F" Street, Mayor and Council should for payroll matters, until (run-off election) on May 4, San Bernardino, CA, cancel all Council after the municipal 1993. Warner Hodgdon, 3295 Broadmoor Avenue, San Bernardino, CA, expressed support for a management audit of the City Attorney's 14 3/8/93 Office; and stated that the legal expenses already incurred should be paid. Council Member Miller made a motion, seconded by Council Member Reilly, that the Finance Director be instructed to draw down additional amounts not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the following City Attorney budget accounts: Litigation-outside Attorney (001-051-53049) and Litigation (001-051-53050). (Note: This motion was made earlier in the meeting prior to the recess. ) The motion carried by the Members Estrada, Reilly, Minor, Hernandez, Pope-Ludlam. Absent: following vote: Miller. Nays: Council Member Ayes: Council Council Members Maudsley. ,- Mayor Holcomb stated that he would veto approval of this item unless City Attorney Penman provided a written memorandum authorizing a management audit of the City Attorney's Office by 2:00 p.m. He explained that the management audit would focus on the administrative operations of the City Attorney's Office and would not entail the legal aspects of individual cases. (Note: See action taken later in the meeting to veto this approval.) City Attorney Penman stated that he would not provide the memorandum to Mayor Holcomb. RES. 93-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. (Discussed earlier in the meeting) (See page 12 ) (17) Shauna Clark, City Administrator, answered questions regarding the Bustop Shelters of California, Inc., agreement. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-51 was adopted Ayes: Council Members Estrada, Reilly, Ludlam, Miller. Nays: None. Absent: by the following vote: Hernandez, Minor, Pope- council Member Maudsley. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (SBPOA) TO ESTABLISH A TRUST FUND. (23) Council Member Pope-Ludlam made a Council Member Miller, and unanimously resolution, be tabled. motion, seconded by carried, that said 15 3/8/93 APPROVE APPROPRIATION FROM GENERAL FUND RESERVE TO CITY ATTORNEY BUDGET - FUND OUTSIDE ATTORNEY & LITIGATION COSTS - CONTINUED FROM FEBRUARY 15, 1993 - DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGE 13, 23 & 35 (32 ) Concern was expressed that if Mayor Holcomb was going to veto approval of the additional funds for outside attorney and litigation expenses, that such action should not be postponed until later in the meeting. (Note: There was no action was taken at this time.) RES. 93-52 - A COUNCIL OF THE ESTABLISHING A PROGRAM. RESOLUTION OF THE MAYOR AND COMMON CITY OF SAN BERNARDINO, CALIFORNIA, COMMERCIAL CARDBOARD RECYCLING PILOT (24) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-52 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. RES. 93-53 - 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) (25) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-53 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. PUBLIC HEARING IMPOSING LIENS UNCOLLECTED BUSINESS REGISTRATION FEES ON PROPERTY- (29) This is the time and place set for a public hearing to consider imposing liens on real property located within the city of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated February 4, 1993, Rachel Clark, city Clerk, requested authorization to impose liens on certain parcels of property for uncollected business registration fees. Mayor Holcomb opened the hearing. ~ 16 3/8/93 RES. 93-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (29) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the hearing be closed; and that said resolution be adopted. The motion carried, and Resolution No. 93-54 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Maudsley. RES. 93-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT ORANGE SHOW ROAD/AUTO PLAZA DRIVE AT 1-215 FREEWAY RAMPS. (30) Council Member Miller made a motion, seconded by council Member Hernandez, that said resolution be adopted. Resolution No. 93-55 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. APPEAL - WEED ABATEMENT - CLARK HAHNE - MT. VERNON AVENUE, BETWEEN 15TH & EVANS STREETS - CONTINUED FROM FEBRUARY 15, 1993 (31) This is the time Board of Building abatement on property and Evans Streets. and place continued to for an appeal of the Commissioners' decision regarding weed located off Mt. Vernon Avenue, between 15th Mayor Holcomb opened the hearing. Mr. Clark Hahne stated that in the past he had contractors to clean the property for approximately $700. Hahne expressed concern regarding the manner in which the up was conducted by the city. hired Mr. clean Manuel Moreno, Jr., Director of Public Services, answered questions regarding the cleaning of Mr. Hahne's property. 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. (31) 17 3/8/93 council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the appeal of Mr. Clark Hahne relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds and debris from property located off Mt. Vernon Avenue, between 15th and Evans streets, be referred to the City Administrator to investigate and to seek an equitable solution; and to return with a recommendation on April 5, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 11:15 a.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-56 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. (R-6) RES. 93-57 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED. (R-8) RES. 93-58 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED. (R-9) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 93-56, 93-57, and 93-58 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Mi ller. Nays: None. Absent: Council Member Maudsley. CITY ATTORNEY PENMAN EXCUSED At 11:17 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy city Attorney Empeno. SHAUNA CLARK, CITY ADMINISTRATOR EXCUSED At 11: 17 a. m., ci ty Administrator Shauna Clark left the Council meeting. 18 3/8/93 - COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:48 a.m., Council Member Pope-Ludlam left the Council meeting. RES. 93-59 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION, INC. (R-7) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-59 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Miller. Nays: None. Absent: Council Members Maudsley, Pope-LUdlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:55 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. c- COUNCIL MEMBER ESTRADA EXCUSED At 11: 58 a. m., Council Member Estrada left the Council meeting. UNREINFORCED MASONRY BUILDING INSPECTION PROGRAM (R-16) In a memorandum dated February 24, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that in June 1992, the Community Development citizen's Advisory Committee (CDCAC), and Mayor and Council approved a $150,000 Community Development Block Grant (CDBG) to finance engineering studies for 142 buildings on the unreinforced masonry (URM) list located in redevelopment project areas. The grant was to provide financing for two thirds of the total cost of the engineering study, leaving the owner responsible for the remaining one third of the cost. The engineering studies were to provide a cost estimate to retrofit the buildings to meet San Bernardino Municipal Code Chapter 15.12, so that staff could develop financing mechanisms to complete the retrofitting work. Staff's original proposal was to evaluate the 142 URM buildings in redevelopment proj ect areas; however, staff now recommends that the program be expanded city-wide to include all 200 URM buildings identified by Planning and Building Services. 19 3/8/93 This program for identifying all URM buildings requiring retrofitting would progress in the following manner: first, a title search, second a pachometer test, and third, an engineering site investigation report and cost estimate. staff has been able to streamline the program so that the program can be offered at no charae to all participating URM building owners city-wide. This program does not commit owners to retrofitting their buildings. It is possible that nearly half of the buildings on the city-wide URM building survey would be eliminated from the URM list, thereby releasing owners from the need for future retrofitting. The total estimated cost to include all 200 URM buildings within the City is $126,043. Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, answered questions regarding the unreinforced masonry (URM) building inspection program. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize the Executive Director to execute contracts with Badee Engineering and construction, Vahdani Group and unitek structural Services for an amount not to exceed $121,041, for testing and cost analysis of all unreinforced masonry buildings identified on the City's unreinforced masonry building list; and further authorizing the Executive Director to make adjustments to contract allocations as needed, but in no case exceeding $121,041 for all contracts executed. PLATT BUILDING DEMOLITION (R-18) In a memorandum dated February 26, 1993, Timothy steinhaus, Agency Administrator, Economic Development Agency, stated the Economic Development Agency received a memorandum dated February 26, 1993, from Council Member Hernandez, requesting that the Community Development Commission consider demolition of the Platt Building as soon as possible. Discussion ensued regarding the possibility of rehabilitating the Platt Building for occupation. Concern was expressed that in the six months since the request for a demolition permit of the Platt Building had been denied by the Mayor and Council, no further action has been taken that would indicate that any viable business would be rehabilitating the Platt Building for occupation. Council Member Hernandez made a motion, seconded by Council Member Minor, that staff be directed to demolish the Platt Building if legally possible. (Note: There was no vote taken at that time.) Deputy City Attorney Empeno explained that the appropriate 20 3/8/93 action to take would be to adopt a motion to reconsider the previous action taken by the Mayor and Council to deny the application for Demolition Permit No. 90-02 for the Platt Building; and that a new public hearing be held to determine whether or not to approve a new demolition permit for the Platt Building. council Member Hernandez made a substitute motion, seconded by Council Member Minor, to direct the Mayor and Council to reconsider Demolition Proposal Review (DPR) No. 90-02 to demolish the Platt Building; and set a public hearing, no date was specified. The motion carried by the following vote: Members Reilly, Hernandez, Minor, Pope-Ludlam. Member Miller. Absent: Council Members Estrada, Ayes: Council Nays: Council Maudsley. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT STABILIZATION. First (RS-l) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Council waive further reading of the ordinance, and that said ordinance be laid over for final adoption. RES. 93-60 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CALIFORNIA POOLS, INC. FOR REHABILITATION OF PERRIS HILL SWIMMING POOL AND BATHHOUSE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (RS-3 ) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Maudsley. No. 93-60 was adopted by the following vote: Members Reilly, Hernandez, Minor, Pope-Ludlam, None. Absent: Council Members Estrada, FY 1993/94 COMMUNITY PROGRAM MIX DEVELOPMENT BLOCK GRANT (CDBG) (RS-4 ) In a memorandum dated March 1, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on January 25, 1993, staff met with the City's Department of Housing and Urban Development (HUD) Community Planning and Development Representative regarding the City'S FY 1993/94 Community Development Block Grant (CDBG) allocation; and was informed the total grant amount for FY 1993/94 has been increased approximately fifty percent (50%) to a 21 3/8/93 total of $3,139,000. The program mix categories are used to solicit proposals from individuals, nonprofit agencies and City departments. On March 4, 1993, the Community Development citizen Advisory Committee (CDCAC) considered the proposed CDBG program mix, and recommended the following allocations: Public Services, which includes Fair Housing activities, $470,850, or fifteen percent (15%) of the grant, the maximum allowed by law. The CDCAC recommends that grant awards in this category be limited to a maximum of $20,000. The CDCAC recommends $1,452,350 for Caoital Imorovement and infrastructure projects such as the construction or rehabilitation of various projects. Other eligible activities under this category include architectural and engineering services, historic preservation (rehabilitation), and the acquisition and disposition of real property. Under the Rehabilitation Loan/Grant category, the CDCAC recommends $500,000 be allocated to this category because there is insufficient funding in the revolving loan fund to cover the demand developed by various Housing Division projects and initiatives. Relative to the Administration category, the CDCAC recommends the Mayor and Council allocate $627,800, or twenty percent of the grant, the maximum level allowed by law to finance the overall management and administration of the CDBG program and its major components, such as the Neighborhood Rehabilitation Program. No funds are being recommended for Demolition, Infill Housing and the Appropriated Reserve. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve and adopt the FY 1993/94 Community Development Block Grant (CDBG) Program Mix for the period beginning July 1, 1993 and ending June 30, 1994, and authorize staff to solicit proposals for same. COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. RECESS MEETING At 12:20 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ,- 22 3/8/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Miller; Deputy city Attorney Empeno, city Clerk Rachel Clark. Absent: Council Members Maudsley, Pope-Ludlam; City Administrator Shauna Clark. ANNOUNCEMENT - MAYOR HOLCOMB - SAN BERNARDINO VALLEY COLLEGE POLITICAL SCIENCE STUDENTS (2) Mayor Holcomb welcomed Professor Ed Milliken and his political science students from San Bernardino Valley College. ANNOUNCEMENT - MAYOR HOLCOMB - COUNTY SALES TAX TO FUND LAW ENFORCEMENT PROGRAMS (2) Mayor Holcomb stated that he had received from Supervisor Jerry Eaves and John Mikels, Chairman of the County Board of Supervisors, notification that the County Board of Supervisors had taken action that could impact the City's FY 1993/94 budget. He explained that the County plans to submit to the voters in June 1993 a request for approval of a one-half cent sales tax increase that would fund law enforcement programs such as criminal investigation, apprehension, and prosecution, gang suppression, graffiti abatement, and drug abuse prevention programs. He urged support for the sales tax increase. APPROVE APPROPRIATION FROM GENERAL FUND RESERVE TO CITY ATTORNEY BUDGET - FUND OUTSIDE ATTORNEY & LITIGATION COSTS - CONTINUED FROM FEBRUARY 15, 1993 - DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGE 13, 14, 16 & 35 (32) This is the time and place continued to for discussion of appropriating funds from the General Fund reserve to the City Attorney's budget for outside attorney and litigation costs. Mayor Holcomb explained that he had spoken with Mr. Arias, the city's attorney for the Arden/Guthrie lawsuit. According to Mayor Holcomb, Mr. Arias stated that he would send a letter, by facsimile transmission, indicating he would have no problem with a management audit of the City Attorney's Office as long as case content was not included. Mayor Holcomb stated that if Mr. Arias' fax is received, he would not veto approval of additional funds for the city Attorney's outside attorney and litigation expenses. COUNCIL MEMBER At 2:05 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member pope-Ludlam returned took her place at the council table. to the 23 3/8/93 PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 92-11 - CHANGE LAND USE DESIGNATION FROM RMH, RESIDENTIAL MEDIUM-HIGH TO CR-2, COMMERCIAL REGIONAL-DOWNTOWN- NORTH SIDE OF 5TH STREET - EAST OF "G" STREET (44) This is the time and place set for a public hearing to consider General Plan Amendment No. 92-11 to change the land use designation from RMH, Residential Medium High, to CR-2, commercial Regional Downtown, on .48 acres located on the north side of 5th Street, east of the centerline of "G" Street. In a memorandum dated February 18, 1993, Al Boughey, Director of Planning and Building Services, stated that the proposed CR-2 designation permits a diversity of regional uses inCluding governmental administrative, professional offices, CUltural/historical and entertainment, convention facilities, hotel/motels, single Room Occupancy (SRO), financial establishments, restaurants, retail, educational institutions, public open spaces, and similar uses in downtown areas. Mixed residential and senior citizen housing is permitted in the CR-2 designation at maximum densities of 54 and 150 units per acre, respectively. The affordable housing density bonus may apply, thus potentially allowing a maximum of 32 to 90 residential units on the amendment site. The amendment area is contiguous to CR-2 designated properties to the west and south; and RMH designated properties to the north and east. Fifth Street is a four-lane major arterial which experiences daily traffic volumes of up to 20,000 vehicles. Such major vehicular paths are generally considered appropriate for designation as commercial corridors. On November 5, 1992, the Environmental Review Committee (ERC) reviewed the initial study evaluating the proposed CR-2 designation and recommended a negative declaration. The Planning commission at its February 2, 1993, meeting recommended adoption of the negative declaration and approval of General Plan Amendment No. 92-11. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, answered questions regarding proposed General Plan Amendment No. 92-11. John Lightburn, 1525 North "0" street, San Bernardino, CA, representing the owners of the Golden Eagle Motel, stated support for the recommendations of staff and the Planning Commission. 24 3/8/93 RES. 93-61 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-11 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (44) Council Member Hernandez made a Member Estrada, that the hearing resolution be adopted. motion, seconded by Council be closed; and that said The motion carried, and Resolution No. 93-61 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-17- CHANGE LAND USE DESIGNATION - RS, RESIDENTIAL SUBURBAN TO RMH, RESIDENTIAL MEDIUM HIGH - 5.84 ACRES - SOUTH SIDE OF SUNRISE LANE (FORMERLY ROCA STREET) BETWEEN STERLING AVENUE & MCKINLEY STREET (45) This is the time and place set for a public hearing to consider General plan Amendment No. 91-17 to change the land use designation from RS, Residential Suburban, to RMH, Residential Medium High, on twenty-six parcels of land comprising a total of approximately 5.84 acres, on the south side of Sunrise Lane (formerly Roca Street), between sterling Avenue and the southern extension of McKinley Street. In a memorandum dated February 18, 1993, Al Boughey, Director of Planning and Building Services, stated that the site is developed with multi-family units and is part of a multi- family residential development to the north. All of the parcels have frontage to the north, onto Sunrise Lane and are separated by an alley from the single-family neighborhood on the south. The boundary between the single-family neighborhood and the multi-family neighborhood should coincide with the land use designation boundary. The Environmental Review Committee (ERC) recommended a negative declaration. On March 17, 1992, the Planning commission recommended the adoption of the negative declaration and approval of General Plan Amendment No. 91-17. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, stated that General Plan Amendment No. 91-17 is not related to any development proposal, or change in use of the property. Don Young, 2072 18th Street, San Bernardino, CA, stated opposition to General Plan Amendment No. 91-17. 25 3/8/93 Mayor Holcomb explained that in the revitalization plan for the Arden/Guthrie presented, and urged the Council to support efforts in the Arden/Guthrie area. near future a area would be revitalization council Member Reilly made a motion, seconded by Council Member Estrada, that the hearing be closed; that said resolution which adopts the negative declaration and approves General Plan Amendment No. 91-17, be adopted. (Note: There was no vote taken at this time; the vote was taken after the discussion.) Mrs. John Kinney, 2048 E. 18th street, San Bernardino, CA, voiced opposition to changing the land use designation at this location. Gary Kirby, 1505 Yardley, General Plan Amendment No. development proposal or change San Bernardino, CA, explained 91-17 is not related to in use of the property. that any Tobie Collins, 2082 E. 18th Street, San Bernardino, CA, voiced opposition to changing the land use designation at this location. A discussion was held regarding the positive and negative aspects of the proposed revitalization program for the Arden/Guthrie area; and whether Inland Valley Development Agency (IVDA) funds could be utilized to fund the program. Daniel Caldwell, spoke in opposition to location. 2027 E. 18th street, San Bernardino, CA, changing the land use designation for this RES. 93-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-17 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (45) Resolution No. 93-62 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 90-06 & DEVELOPMENT CODE AMENDMENT NO. 92-01 - CHANGE LAND USE DESIGNATION RU-1, RESIDENTIAL URBAN TO CG-1, COMMERCIAL GENERAL - 29.7 ACRES & ADJACENT 7.1 ACRE PARCEL - LITTLE LEAGUE DRIVE & PALM AVENUE (46) This is the time and place set for a public hearing to consider General Plan Amendment No. 90-06 to change the land use designation from RU-1, Residential Urban to CG-1, Commercial General on approximately 29.7 acres of land bounded by the Cable Creek Flood Control Channel on the north, Little League Drive on 26 3/8/93 the south, the southern extension of Magnolia Avenue; and the adjacent 7.1 acre parcel located at the intersection of Little League Drive and Palm Avenue. In a memorandum dated January 27, 1993, Al Boughey, Director of Planning and Building Services, stated that it is proposed to adopt a new commercial designation (CG-5, Commercial General- Verdemont Area); and redesignate the 29.7 acre site from RU-1, Residential Urban to CG-5, and the adjacent 7.1 acre parcel (also owned by the project proponents) from CG-1 to CG-5. The adoption of the CG-5 designation would involve a Land Use Plan map amendment, and text amendments to the General Plan and the Development Code. The project proposes to realign Little League Drive to follow the Cable Creek Channel and would require an amendment to the General Plan Circulation Plan Map. Based upon the CG-1 floor area ratio (FAR) of 0.7, the applicant's proposal potentially could result in over 900,000 square feet of commercial space. The adjacent 7.1 acre parcel could result in 216,500 square feet for a cumulative total of 1,122,100 square feet. The CG-5 land use designation with a floor area ratio (FAR) of 0.25, could result in a total of 400,700 square feet; approximately 323,400 on the 29.7 acre site and 77,300 on the 7.1 acre site. r Because the proposal could potentially result in impacts in nearly all environmental categories, an Environmental Impact Report (EIR) was prepared for the project. The EIR indicates that the CG-l land use designation may result in either local or regional impacts in nearly all environmental categories evaluated, which cannot be fully mitigated. The EIR indicates that the CG-5 land use designation would reduce the project impacts to below a level of significance with the exception of an impact relating to the loss of available housing. Statements of overriding considerations have been prepared for each significant unavoidable adverse, or significant unavoidable cumulative impact, for adoption of the CG-5 designation. The Planning commission recommended certification of the EIR, preparation of statements of overriding considerations, approval of the mitigation monitoring program, denial of the applicant's proposal (CG-1), approval of the preferred alternative (CG-5), the realignment of Little League Drive and the amendment to the Development Code to establish the CG-5 land use designation/zone. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning answered questions regarding General Plan Development Code Amendment No. 92-01. and Building Services, Amendment No. 90-06 and 27 3/8/93 Dave Mlynarski, 25864 Business Center Drive, Redlands, CA, voiced support for the recommendation of staff for a CG-5 land use designation, and answered questions regarding the proposed CG-5 land use designation. CITY CLERK RACHEL CLARK EXCUSED At 2: 50 p. m. , ci ty Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Vale. Discussion ensued regarding the proposed land use designation change. Jeff wright, P. O. Box 2341, San Bernardino, CA, stated opposition to the proposed General plan Amendment No. 90-06 and Development Code Amendment No. 92-01. RES. 93-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; AND ADOPTING FINDINGS, STATEMENTS OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING PROGRAM; ADOPTING GENERAL PLAN AMENDMENT NO. 90-06 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP AND TEXT AND CIRCULATION PLAN MAP. (46) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.06.010(2) AND 19.06.030(1) AND TABLE 06.01 - COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, TABLE 06.02 COMMERCIAL ZONES DEVELOPMENT STANDARDS AND TABLE 06.03 - COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ESTABLISH THE CG-5, COMMERCIAL GENERAL - VERDEMONT AREA LAND USE DESIGNATION/ZONE, PERMITTED USES AND DEVELOPMENT STANDARDS. First (46) Council Member Minor made a motion, seconded by Council Member Reilly, that the public hearing be closed; that said resolution be adopted which certifies the EIR, adopts the Findings and Statements of Overriding Consideration, approves the Mitigation Monitoring Program, approves General Plan Amendment No. 90-06, to change the land use designations from RU-1 and CG-1 to CG-5 and realigns Little League Drive; and that said ordinance which approves Development Code Amendment No. 92-01, to add CG-5 to the Development Code, be laid over for final adoption. The motion carried, and Resolution No. 93-63 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. 28 3/8/93 CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 2:58 p.m., City Administrator Shauna Clark returned to the Council meeting. CITY ATTORNEY PENMAN RETURNED At 2:58 p.m., city Attorney Penman returned to the Council meeting and replaced Deputy city Attorney Empeno. COUNCIL MEMBER MILLER EXCUSED At 2:58 p.m., Council Member Miller left the Council meeting. COUNCIL At 2:58 meeting. MEMBER REILLY EXCUSED p.m., Council Member Reilly left the Council PRIOR APPROVAL OF MAYOR & COUNCIL CITY ACTIONS - CONTINUED FROM FEBRUARY 15, 1993 ATTORNEY (33) This is the time and place continued to consider a request from Mayor Holcomb that the Council direct the City Attorney to receive approval prior to incurring legal expenses. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request from Mayor Holcomb requesting that any lawsuits or appeals undertaken by the City Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for lawsuits or appeals filed by any other attorney, must receive approval from the Mayor and Council prior to dedication of staff resources; and that unauthorized legal pursuits would no longer be funded by the City, be continued to March 22, 1993, in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330. (Continued from February 15, 1993) (34) City Attorney Penman stated that Mark Ostoich, of Gresham, Varner, Savage, Nolan & Tilden, 600 N. Arrowhead Avenue, San Bernardino, CA, representing Mr. StUbblefield, has requested that the item be continued to March 22, 1993. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the resolution authorizing execution of an agreement with the Stubblefield Construction Company, be continued to March 22, 1993, in the Council Chambers of City Hall, 300 North "0" street, San 29 3/8/93 Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC. First (36) Council Member Minor made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption. (Note: There was no vote taken at this time.) The Council expressed concern over which City Department would have the responsibility for monitoring and enforcing this ordinance. Council Member Estrada made a substitute motion, seconded by Council Member Minor, and unanimously carried, that said ordinance requiring retailers to keep certain aerosol containers and marker pens inaccessible to the public, be continued to March 22, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED At 3:02 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING 2.56.140, 2.56.142, 2.56.143, 2.56.144, 2.56.146, 2.56.148 AND 2.56.160.D OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ABSENTEE BALLOTS IN CITY ELECTIONS. First (37) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE "A") First (38-A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE "B") First (3S-B) Council Member Hernandez made a motion, seconded by Council Member Minor, that said ordinances relating to absentee ballots and write-in candidates in City elections, be laid over for final adoption. (Note: Items 37 & 38) (Note: There was no vote taken at this time.) City Attorney ordinances because Penman voiced opposition they would repeal many to the proposed of the current 30 3/8/93 restrictions imposed on absentee voting in City elections. CITY CLERK RACHEL CLARK RETURNED At 3:05 p.m., City Clerk Rachel Council meeting and replaced Deputy city Clark returned Clerk Vale. to the Discussion ensued regarding the differences that currently exist in City election law, and state and federal election law, as it applies to absentee voting. Mayor Holcomb expressed support for the proposed ordinances because they would bring the city election law into agreement with state election law regarding absentee voting; he explained that this would be important if the City consolidates its elections with the county as proposed to do in 1995. It was the consensus of the Council that a workshop should be held to present the positive and negative impact of the proposed ordinances relating to absentee ballots and write-in candidates in city elections. Council Member Estrada made a substitute motion, that the proposed ordinances relating to absentee ballots and write-in candidates in city elections, be continued to a luncheon workshop at the Council meeting of April 5, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ~, The substitute motion failed for lack of a second. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the proposed ordinances relating to absentee ballots and write-in candidates in City elections, be continued to a luncheon workshop at the Council meeting of April 5, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. NEW BUSINESS - CHANGE COUNCIL MEETING DATES - MAY 1993 (NB-2) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Council meeting dates for the month of May, 1993 be changed to May 10, and May 24, 1993, due to the general municipal (run-off) election being conducted on May 4, 1993. SELECT DATES - REVIEW CITY'S PROPOSED BUDGET FY 1993/94 (39) In a memorandum dated February 18, 1993, Fred Wilson, Assistant City Administrator, recommended that the Mayor and Council select several dates on which to review the proposed budget for Fiscal Year 1993/94, and recommended that the budget 31 3/8/93 reviews be held on May 13, 19, 21, 24 and 25, 1993. council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council review the City's proposed budget for FY 1993/94 on May 6, 1993, at 9:00 a.m., in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council review the City's proposed budget for FY 1993/94 on May 13, 1993, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council review the City's proposed budget for FY 1993/94 on May 17, 1993, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. AUTHORIZE AGREEMENT MASTER PLAN - $35,000 DIKE PARTNERSHIP BICYCLE (40) In a memorandum dated February 25, 1993, Mary Fifield, Transportation Programs Coordinator, recommended that the Council authorize the city Administrator to execute a contract with Dike Partnership to develop a bikeway master plan, at a contract cost not to exceed $35,000. The consultant would be funded from the Pollution Reduction Fund reserve, an account funded by vehicle license fee revenue from the state. This project would have no financial impact on the General Fund. Several reasons exist for developing a bikeway master plan. Chapter 6.4 of the General Plan requires the City to develop a bikeway master plan to provide direction on the development of bicycle paths, lanes, and other facilities for cyclists. A bicycle plan would help the city comply with the regional congestion Management Plan, which mitigates traffic congestion and air pollution. SANBAG is in the process of hiring a consultant to develop a regional master plan that would not delineate bikeways within cities but instead provide a network between cities and in county islands. In concert with this effort, surrounding cities, such as Rialto, Highland, and Colton, either have bicycle plans or are developing them, and San Bernardino should develop a plan to create a cross-county system. San Bernardino has a large number of transit-dependent residents who would benefit from a network of bicycle lanes, routes, and paths to help them get to work or other activity centers. with San Bernardino Valley College and California state university San Bernardino, the City has a large student 32 3/8/93 population that would similarly benefit from bicycle facilities. If bikeways were installed, the number of students cycling would increase, particularly in San Bernardino where most students do not live on campus. There are several state and federal funding opportunities for bicycle projects, including Transportation Activities Enhancement funding from Caltrans. Over six years, $200 million would be apportioned for bicycle projects. The deadline for the first round of funding for Transportation Activities Enhancement projects is within the next six months. Projects submitted for any state grant must be outlined in a bicycle master plan to show that the applicant has appropriately planned for a viable bicycle network. Because of the short time frame, a RFP process to select a consultant might prohibit the city from completing a bicycle master plan in time to submit proposals for state funding. council Member Hernandez made a motion, seconded by council Member Miller, and unanimously carried, that the City Administrator be authorized to execute an agreement with Dike partnership for the development of a bicycle master plan at a cost not to exceed $35,000; and that the Finance Director be authorized to allocate $35,000 from the Pollution Reduction Fund balance (111-000-30405) and appropriate into professional/Contractual services line item 111-102-53150. DOWNTOWN PARKING - COUNCIL MEMBER POPE-LUDLAM (41) In a memorandum dated February 16, 1993, Council Member Pope-Ludlam requested that the Mayor and Council discuss and take possible action relative to parking in the downtown area. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the request to discuss and take possible action regarding downtown parking, be tabled. WAIVE FEES $231 USE OF SECCOMBE LAKE FACILITIES - RETURNING HOME, INC. PARK & (42) In a memorandum dated February 19, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Returning Home, Inc. a local non-profit organization, has requested the use of Seccombe Lake Park, the Pavilion, and the Concession building to provide an Easter festival for the homeless. The goal of the organization is to help homeless individuals move back into the community as productive citizens by assisting with literacy programs, career development, motivational efforts, and other resources which lead the homeless individual into meaningful and life fulfilling experiences. 33 3/8/93 This group held its first such event during Thanksgiving week 1992 and was successful in reaching approximately 300 individuals. They served more than 300 meals, handed out job information, held a resume writing work shop, and placed at least one individual into a job as a diesel mechanic. Returning Home, Inc., is a newly-formed organization and does not have a lot of operating funds; therefore, they have requested a waiver of fees involved with the use of the park and facilities. This request conforms to the requirements for waivers contained in Resolution No. 91-35. council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the request to waive fees for use of Seccombe Lake Park and facilities in the amount of $231, be approved. PAVEMENT REHABILITATION - WATERMAN AVENUE, ROAD TO RED LANDS BOULEVARD APPROVAL AUTHORIZATION TO ADVERTISE FOR BIDS FROM BARTON OF PLANS & (43) ~, In a memorandum dated February 24, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that plans for rehabilitating the pavement on Waterman Avenue, from Barton Road to Redlands Boulevard, have been prepared and the project is ready to be advertised for bids. The project consists of rehabilitating the pavement, installing the master plan storm drain (between Caroline Street and Redlands Boulevard), and installing traffic signal interconnect. The total estimated project cost is $519,000. council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for rehabilitating pavement, installing storm drain and traffic signal interconnect, in Waterman Avenue, from Barton Road to Redlands Boulevard, in accordance with Plan No. 8869, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. RES. 93-64 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO URGING THE RETENTION OF THE FEDERAL BANKRUPTCY COURT IN THE CITY OF SAN BERNARDINO. (5-2) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 93-64 was adopted by the fOllowing vote: Members Estrada, Hernandez, Minor, Pope-Ludlam, None. Absent: Council Members Reilly, Maudsley. 34 3/8/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE 2.56. 110A TO PROVIDE THAT POLLS IN CITY ELECTIONS SHALL REMAIN OPEN UNTIL 8: 00 P.M. First (5-3) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for adoption. PRIMARY MUNICIPAL ELECTION - MARCH 2, 1993 - CERTIFY RESULTS (S-4) In a memorandum dated March 5, 1993, Rachel Clark, City Clerk, requested that the Mayor and Council certify as official the results of the Primary Municipal Election held on March 2, 1993, as set forth in the Statement of Votes Cast. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the results of the Municipal Primary Election held on March 2, 1993, as set forth in the Statement of Votes Cast and Certified, be declared official as set forth in the document prepared by the City Clerk's Office. ~ APPROVE APPROPRIATION FROM GENERAL FUND RESERVE TO CITY ATTORNEY BUDGET - FUND OUTSIDE ATTORNEY & LITIGATION COSTS - CONTINUED FROM FEBRUARY 15, 1993 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13, 14, 16 & 23 (32) Mayor Holcomb vetoed the earlier approval of additional funding for the City Attorney's outside attorney and litigation expenses. RECESS MEETING - CLOSED SESSION (1 & S-l) At 3: 25 p. m., the Mayor and Common Council and community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the city Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide 35 3/8/93 d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: , g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the city is a party to pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Comoanv. et al vs. city of San Bernardino, et al - San Bernardino superior Court Case No. 242998; San Bernardino superior Court Case No. 252058; Tomas Armendariz, et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757; Julie united (RWRx) ; M. Thomoson vs. States District citv Court of San Bernardino. et Case No. SA CV-92-888 al- GT wirth vs. Adams/City of San Bernardino - San Bernardino superior Court Case No. 251346; Wesley vs. city of San Bernardino - San Bernardino Superior Court Case No. 265422; Maadaleno vs. city of San Bernardino Superior Court Case No. 248739; San Bernardino Saab vs. city of San Bernardino - San Bernardino Superior Court Case No. 234561/Court of Appeal No. E011467; 36 3/8/93 victor Aauilar. et al vs. cal Nev Pioeline Co. , Los Angeles Superior Court Case No. C751026; Edmena Burnev. et al vs. So. Pac. Transoortation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickey. Inc.. vs. Cal Nev pioeline Co.. citv et al- San Bernardino superior Court Case No. 251310; Ervin Hawkins, et al vs. So. Pac. Transoortation Co., - Los Angeles superior Court case No. BC 000825; Fred Ledbetter vs. citv of San Bernardino - San Bernardino Superior Court Case No. 256173; Mary E. Washinaton vs. So. Pac. Transoortation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corooration. et al- San Bernardino Superior Court Case No. 255165; Leslie Bond vs. Community Develooment commission. et al- San Bernardino superior Court Case No. 276373; Paul Stark vs. city of San Bernardino Municipal Court Case No. 138304; San Bernardino Carmen Gutierrez DeNavarette vs. city of San Bernardino- San Bernardino Superior Court case No. 257365; citv of San Bernardino vs. Countv of San Bernardino- Riverside Superior Court Case No. 207900. CLOSED SESSION At 3:25 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the fOllowing being present: Mayor Holcomb; Council Members Estrada, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney James Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Reilly, Maudsley. Also present: Police Department. Wayne Harp, Assistant Chief, San Bernardino WAYNE HARP, ASSISTANT CHIEF OF POLICE SAN BERNARDINO POLICE DEPARTMENT EXCUSED At 3: 35 p.m., Wayne Harp, Assistant Chief of Police, San Bernardino Police Department left the closed session. 37 3/8/93 ADJOURN CLOSED SESSION At 3:38 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3:38 p.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney James Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Reilly, Maudsley. PROPERTY LEASE - DON'S ELECTRIC - 5055 HALLMARK PARKWAY - ANNOUNCEMENT - CLOSED SESSION APPROVAL (2) Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the Community Development commission, in Closed Session, approved the terms and conditions of a lease with Don' s Electric for warehouse and office space at 5055 Hallmark Parkway for $.15 a square foot. ADJOURNMENT (47) At 3:38 p.m., Mayor Holcomb adjourned the meeting to 8:30 a.m., Monday, March 22, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. RACHEL CLARK city Clerk By ~~~ Z:;~ Melanie Vale Deputy city Clerk " No. of Items: 80 No. of Hours: 5.5 38 3/8/93