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HomeMy WebLinkAbout05-24-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MAY 24, 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 at their adjourned regular meeting held at 8:59 a.m., on Monday, May 17, 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 May 17, 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 3:00 p.m. Monday, May 17, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino was called to order by Mayor Holcomb at 8:32 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clerk with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION (1) At 8: 32 Development 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; a.m., the Mayor and Common Council and Community commission recessed to closed session for the 1 5/24/93 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: Tomas Armendariz. et al vs. James F. Penman. et al.- united states District Court Case No. 91-5757; Saab vs. citv of San Bernardino Superior Court Case No. 234561; San Bernardino 2 5/24/93 Petre vs. citv of San Bernardino Superior Court Case No. SCV 261575; San Bernardino City Attorney Penman announced that the following case would be discussed in closed session: San Bernardino Countv vs. citv of San Bernardino- Riverside Superior Court Case No. 224288. CLOSED SESSION At 8:32 a.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 Reilly, Hernandez, Maudsley, Minor; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. Also Attorney; Scroggin, Office. present were: Richard Morillo, Sr. Assistant City Robert Simmons, Deputy city Attorney; Margaret Administrati ve Operations Supervisor, ci ty Attorney's READING OF RESOLUTIONS AND ORDINANCES Deputy city Clerk Jones 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. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:37 a.m., Deputy City Attorney Simmons left the closed session. FIRE CHIEF WRIGHT ARRIVED At 8:42 a.m., Fire Chief Wright arrived at the closed session. COUNCIL MEMBER At 8:43 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:50 a.m., Council Member Estrada arrived at the closed session. 3 5/24/93 ADJOURN CLOSED SESSION At 9:27 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 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, Maudsley, Minor; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. INVOCATION The invocation was given by Pastor Reginald Woods, Life Changing Ministries. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. COUNCIL MEMBER At 9:35 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the COMMENDATION MAUDSLEY, MINOR COUNCIL MEMBERS REILLY, ESTRADA, (4) Phil Arvizo, Executive Assistant to the Council, read resolutions commending Council Members Reilly, Estrada, Maudsley, and Minor for an outstanding job as council members for the City of San Bernardino. Council Members Reilly, Estrada, Maudsley, and Minor accepted the resolutions. PROCLAMATION - SAFE AT HOME NOT OUT ON DRUGS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Tuesday, May 25, 1993 as Safe at Home Not Out on Drugs Day in the city of San Bernardino. Kevin Wright, Chief Executive Officer, San Bernardino Community Against Drugs, accepted the resolution. 4 5/24/93 COMMENDATION - SOUTHERN CALIFORNIA EDISON (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending southern California Edison's staff and City staff on the completion of Waterman Rule 20A Project Beautification Program. Jim Burns, Area Manager, Southern California Edison, accepted the resolution. COMMENDATION - PARKS & RECREATION DEPARTMENT LAYMAN'S AWARD - PENNY HOLCOMB (4) John Kramer, Superintendent of Recreation, read a resolution commending Penny Holcomb for volunteering her services in the field of parks and recreation. Mrs. Penny Holcomb accepted the resolution. COMMENDATION o 'CAMPO CIVIL SERVICE COMMISSIONER HECTOR (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Hector 0' Campo for his many years of dedicated service to the civil Service commission. Hector O'Campo accepted the resolution. COMMENDATION MARSHALL SENIOR CITIZENS AWARD 1993 MILLIE (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Millie Marshall for outstanding service in the Parks, Recreation and Community Services Department, as recipient of the San Bernardino Parks, Recreation & Community Services Department Senior citizen of the Year Award for 1993. Annie Ramos, Director of Parks, Recreation and Community Services, acknowledged previous recipients of the Senior citizens of the Year Awards. Millie Marshall accepted awards and certificates from Senator Ruben Ayala; Congressman George Brown; the San Bernardino County Board of Supervisors; and Michael Townsend, representing Assemblyman Joe Baca. 5 5/24/93 Cynthia Brooks, Director Program, accepted a resolution service to the community. of Retired Seniors Volunteer commending her for outstanding PRESENTATION - IMAGE OF SAN BERNARDINO ESSAY CONTEST WINNERS (4) Pat Office, students Contest: Leathers, Volunteer Services Coordinator, Mayor's presented commendation certificates and checks to and teachers who won the Image of San Bernardino Essay Middle School winners: First Place - Dagny Stangl, Golden Valley Middle School; Marge Boyce, Teacher; Second Place - Jason Miller, Serrano Middle School; Tamara Davis, Teacher; Third Place - Adrian Rogan, Arrowview Middle School; Gary Thompson, Teacher; Steve Perlot, Principal; High School winners: First Place - Lawann Amerson, San Gorgonio High School; Dawn Giorgianni, Teacher; Dr. Phil Haley, Principal; Second Place - Leah Calote, San Bernardino High School; L. Motley, Teacher; Third Place - Shannon Boyce, San Bernardino High School; L. Motley, Teacher; Karen craig, Principal. SERVICE PIN AWARDS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. PRESENTATION - JEFF WRIGHT (4) Jeff Wright, P.O. Box 2341, San Bernardino, CA, presented Mayor Holcomb with a plastic gavel. Mayor Holcomb accepted the gavel. 6 5/24/93 COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:15 a.m., Council Member Pope-Ludlam left the Council meeting. APPOINTMENT - POLICE COMMISSION - DANIEL L. BRISON, SR. - COUNCIL MEMBER HERNANDEZ (4) In a memorandum dated May 18, 1993, Mayor W. R. "Bob" Holcomb recommended the appointment of Daniel L. Brison, Sr., 177 Manchester Lane, San Bernardino, CA, to the Police Commission, per the request of Council Member Hernandez. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Daniel L. Brison, Sr., to the Police commission as requested by Council Member Hernandez, be approved. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern regarding support of the San Bernardino baseball team; the case involving the City and the County relating to ambulance transport services, and an article relating to Valley Fever that appeared in The Sun newspaper May 23, 1993. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:17 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC COMMENTS - JEAN ANDERSON (3) Jean Anderson, 3309 North "H" stated that approximately 32 cases reported in San Bernardino County. Street, San Bernardino, CA, of Valley Fever have been PUBLIC COMMENTS - GARY KIRBY (3) Gary Kirby, 1505 Mayor and Council not Fever. Yardley, San Bernardino, CA, to dismiss concerns relative urged the to Valley COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:20 a.m., Council Member Pope-Ludlam left the Council meeting. 7 5/24/93 WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) council Member Minor made a motion, seconded by Council Member Maudsley, 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 Minor made a motion, seconded by Council Member Maudsley, 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: March 8, 1993; April 26, 1993. CLAIMS AND PAYROLL (13) Council Member Minor made a motion, seconded by council Member Maudsley, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memoranda dated April 30, 1993 and May 18, 1993 from the Director of Finance, be approved. JOINT POWERS FINANCING AUTHORITY (15) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to June 21, 1993. RES. 93-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE PERIOD BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992 AND REPEALING RESOLUTION 91-480. (18) RES. 93-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE PERIOD OF FIFTEEN (15) YEARS COMMENCING JANUARY 1, 1993 AND ENDING DECEMBER 31, 2008. (19) RES. 93-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH FIRST INTERSTATE BANK RELATING TO CONSTRUCTION OF A HANDICAP RAMP AT 290 NORTH "0" STREET. (21) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 8 5/24/93 Resolution Nos. 93-147, the following vote: Ayes: Hernandez, Maudsley, Minor. Members Pope-Ludlam, Miller. 93-148 and 93-149 were adopted by Council Members Estrada, Reilly, Nays: None. Absent: Council ORD. MC-872 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A THIRTY-FIVE MILE PER HOUR SPEED ZONE ON ROSEWOOD DRIVE BETWEEN ORCHARD DRIVE AND TIPPECANOE AVENUE. Final (35) Council Member Minor made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-872 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Pope-Ludlam, Miller. RES. 93-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF . ," TO ESTABLISH A NO PARKING ANY TIME ZONE ON PALM AVENUE, BETWEEN HIGHLAND AVENUE AND TWO HUNDRED FEET NORTH OF ORCHID DRIVE, APPLICABLE TO THE WEST SIDE ONLY. (20) The Mayor and Council commended Roger Hardgrave, Director of Public Works/City Engineer, for an outstanding job in working with Caltrans on the installation of the traffic signal. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Minor. Nays: Miller. No. 93-150 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, None. Absent: Council Members Pope-Ludlam, COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:28 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING FIRE CONTINUED FROM MAY 17, MEETING. SEE PAGE 31) NEGOTIATIONS IMPASSE HEARING- 1993 - (DISCUSSED LATER IN THE (36) This is the time and place continued to for a public hearing regarding the fire negotiations impasse. 9 5/24/93 In a memorandum dated April 7, 1993, Barbara Dillon, Director of Personnel, stated that on July 1, 1992, the contract with the Fire Safety employees expired. The previous contract was for eighteen months, January 1, 1991 to July 1, 1992. Under that contract, the Fire Safety employees received compensation and benefits, including: seven percent city paid retirement contribution; employees' retirement plan allowing members to retire at age 50, using "highest 12 month" retirement formula; salary adjustments effective each August 1, per the City Charter, section 186; City paid medical insurance of $353.40 per month for employee plus one or more dependents, and $179.65 per month for the employee only, with no dependents; educational/longevity pay of $75 per month above base rate (76 employees qualify); time off without loss of pay for employees elected to the Union Board (288 hours per calendar year, cumulative to 576 hours); and annual and final year sell-back of six shifts of holiday and ten shifts of vacation, conversion of final year sell-back to salary reportable to the Public Employees' Retirement System (PERS). The Fire Safety Employees received salary increases ranging from 2.6% to 4.1% effective August 1, 1992, for a total cost of $352,635. On March 3, 1993, after sixteen negotiation sessions, and one year after beginning negotiations with Fire Local 891, the City Team declared impasse. Impasse meetings were held on March 10, March 12, and March 19, 1993. Mayor Holcomb opened the hearing. Scott Goodwin, member of San Bernardino/Rialto Firefighters Local 891, P.O. Box 2703, San Bernardino, CA, voiced concern regarding the negotiation process. Karl Kolodzik, President, San Bernardino/Rialto Firefighter Local 891, P. O. Box 2703, San Bernardino, CA, encouraged the Mayor and Council to reconsider negotiations. council Member Member Minor, and closed. Hernandez made a motion, seconded by Council unanimously carried, that the hearing be Discussion ensued relative to provisions of the firefighters' contract. council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council approve the terms and conditions of the City's Last, Best, and Final Offer to the San Bernardino & Rialto Firefighters Local 891 for a one-year contract period retroactive to July 1, 1992 and terminating July 1, 1993 with the exception of Item No. 4, Retirement Plan: regarding a reduction in the City's payment of the members' contribution to PERS. 10 5/24/93 Discussion was held relative to incorporating the new terms and conditions of the city's Last, Best, and Final Offer in a resolution. PUBLIC HEARING - VACATION OF 7TH STREET, BETWEEN "0" STREET AND "E" STREET - CONTINUED FROM MAY 13, 1993- (DISCUSSED LATER IN THE MEETING. SEE PAGE 15) (37) This is the time and place set for a public hearing to consider ordering the vacation of a portion of 7th Street lying between "0" Street and "E" Street. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF 7TH STREET BETWEEN "0" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAINS, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES THEREIN. (Discussed later in the meeting. See page 15) (37) It was the consensus of the Mayor and Council that this item be discussed in conjunction with Community Development Commission Agenda Item R-7, relating to the new police facility. PUBLIC HEARING - ESTABLISH FEES TO RECOVER TOWING AND STORAGE CHARGES - VEHICLES STORED OR IMPOUNDED - POLICE DEPARTMENT (38) This is the time and place set for a public hearing to consider establishing fees to recover towing and storage charges on vehicles stored or impounded by the Police Department. In a memorandum dated May 18, 1993, Daniel Robbins, Police Chief, requested that Section 10.44.030 be added to the San Bernardino Municipal Code to authorize the recovery of towing and storage charges for vehicles stored or impounded by the Police Department and allows the collection of a $38.00 fee by the Police Department to cover the administrative costs incurred by the department in ordering, releasing and maintaining files on certain stored or impounded vehicles. A survey of nearby police agencies was conducted prior to establishing this amount, and it was found to be in line with the average of those surveyed. Mayor Holcomb opened the hearing. 11 5/24/93 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES TO RECOVER TOWING AND STORAGE CHARGES ON VEHICLES STORED OR IMPOUNDED BY THE POLICE DEPARTMENT. (38) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.44.030 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AUTHORIZING THE RECOVERY OF TOWING AND STORAGE CHARGES ON VEHICLES STORED OR IMPOUNDED BY THE POLICE DEPARTMENT. First (38) Jeff Wright, P.O. 2341, opposition to imposing fees. San Bernardino, CA, voiced Gary Kirby, 1505 Yard~ey, San Bernardino, CA, suggested that the City consider recoup1ng the $38 administrative costs on unregistered vehicles through the Department of Motor Vehicles. Discussion ensued relative to the number of vehicles stored or impounded by the Police Department. A discussion was held regarding language in the resolution pertaining to other circumstances for which the Police Department can impound or store vehicles. city Administrator Shauna Clark explained the differences between inoperable vehicles and abandoned vehicles. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter relative to establishing fees to recover towing and storage charges on vehicles stored or impounded by the Police Department be referred to the Legislative Review Committee. PUBLIC HEARING - CONFIRM ASSESSMENT ROLL - UNDERGROUND UTILITY DISTRICT NO. 19 WATERMAN AVENUE (39) This is the time and place set for a public hearing to consider confirming the assessment roll for Underground Utility District No. 19, Waterman Avenue. In a memorandum dated May 3, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed resolution confirms the assessments for Underground Utility Assessment District No. 19, Waterman Avenue and will allow the city to recover the cost of undergrounding the overhead utilities on certain parcels. 12 5/24/93 Mayor Holcomb opened the hearing. RES. 93-151 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR UNDERGROUND UTILITY DISTRICT NO. 19 GENERALLY LOCATED ALONG WATERMAN AVENUE, BETWEEN 9TH STREET AND THE SANTA ANA RIVER. (39) Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to additional assessments being imposed on residents of the affected area. Lawrence Abram spoke on behalf of his parents, owners of Parcel No. 0140-241-11, expressed concern that the assessment amount is excessive. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the discrepancy between assessment costs listed on Exhibit "A" of the resolution. Council Member Reilly, made a motion, seconded by Council Member Maudsley, that protests, if any, be overruled and the public hearing be closed; and that said resolution be adopted. The motion carried, and Resolution No. 93-151 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. PROTEST HEARING - WIDEN STREETS - CHAPTER 12.92.035 IMPROVEMENTS (40) This consider 12.92.035 is the time widening of improvements. and place set for a protest hearing to various streets according to Chapter In a memorandum dated May 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that on April 7, 1993, notices were sent by certified mail to owners of the properties listed on Exhibit "A" of the resolution as required by Chapter 27 and Chapter 12.92. The notices referenced hearing dates of April 19, 1993 and May 24, 1993. The owners are required to commence removal and reconstruction to match adjoining parcels by June 7, 1993, or, the City will cause the removal and reconstruction to be accomplished, and the owners will be assessed for the costs over a three year period at seven percent per annum on the unpaid balance. Mayor Holcomb opened the hearing. 13 5/24/93 Jeff Wright, P.o. Box 2341, requested information concerning the location of the proposed street improvements. Roger Hardgrave, Director of Public Works/City Engineer, stated that the National orange Show and Southern Pacific Railroad have requested a 60-day extension of time to review the proposed improvements. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that any objections or protests be overruled, that the hearing be closed; and find and determine that the public convenience and necessity require the removal and reconstruction of off-site improvements in front of those parcels of land described on Exhibit "A" attached to the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, dated May 10, 1993 and order the work done (except Parcels No. ); and that the Director of Public Works/City Engineer be hereby directed to cause the removal and reconstruction of said improvements if the property owners have not commenced such removal and reconstruction by August 6, 1993. RECESS MEETING At 11:12 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 11:20 a.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council 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, Maudsley, Minor; Sr. Assistant City Attorney Barlow, city Clerk Rachel Clark. Absent: Council Members Pope- Ludlam, Miller; city Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:20 a.m., Chairman Holcomb called the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Council, acting as the Community Development Commission, took action on the Community Development Commission agenda. 14 5/24/93 RES. J-19 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA), APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Continued from Apri1 19, 1993) (R-6) RES. 93-152 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $7,500,000 SAN BERNARDINO JOINT POWERS AUTHORITY TAX ALLOCATION REFUNDING BONDS, ISSUE OF 1993 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT. (Continued from Apri1 19, 1993) (R-6) COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:22 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Jim Iverson of Miller & Schroeder, addressed the refunding proposal for the Southeast Industrial Park Redevelopment Project Area Bonds, Issues of 1981 and 1985 identified as Exhibit "G" of the staff report dated May 19, 1993, from Ken Henderson, Executive Director, Development Department. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. J-19 following vote: Ayes: Hernandez, Maudsley, Minor, Council Member Miller. and 93-152 were adopted Council Members Estrada, Pope-Ludlam. Nays: None. by the Reilly, Absent: FINANCING OF NEW POLICE FACILITY & PUBLIC HEARING- STREET VACATION OF 7TH STREET, BETWEEN "0" STREET AND "E" STREET - CONTINUED FROM MAY 13, 1993 - (DISCUSSED EARLIER IN THE MEETING. SEE PAGE 11) (R-7) & (37) This is the time and place continued to from earlier in the meeting to consider financing of the new police facility and proposed street vacation of 7th Street, between "0" Street and "E" Street. The Mayor and Common Council, acting as the Community Development Commission, took action on the financing of the new police facility (R-7), which relates to the proposed street vacation of 7th Street, between "0" Street and "E" Street (37). 15 5/24/93 RES. 93-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF 7TH STREET BETWEEN "0" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAINS, STREET LIGHTS AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES THEREIN. (Continued from May 13, 1993) (Discussed earlier in the meeting. See Page 11) (37) Council Member Minor made a motion, seconded by council Member Reilly, that the hearing be closed; and that the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that portion of 7th Street lying between "0" street and "E" Street, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. The motion carried, and Resolution No. 93-153 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Nays: Council Members Estrada, Hernandez. Absent: Council Member Miller. e- RECESS MEETING At 12: 35 p.m., the adjourned regular meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:00 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. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Rachel Clark. Absent: council Members Estrada, Pope-Ludlam, Miller; city Administrator Shauna Clark. PUBLIC HEARING DEVELOPMENT INLAND CENTER MALL PHASED CONTINUED FROM MAY 10, 1993 AGREEMENT NO. 91-01- EXPANSION PROJECT (46) This is the time consider Development development of a phased and place set for a public hearing to Agreement No. 91-01, to govern the expansion project at Inland Center Mall. 16 5/24/93 Mayor Holcomb opened the hearing. COUNCIL MEMBER At 2:01 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION) (Continued from May 10, 1993) (46) Al Boughey, Director of Planning & Building Services, requested that the matter be continued to June 2, 1993. Council Member Hernandez made a motion, seconded by council Member Reilly, and unanimously carried, that the matter be continued to June 2, 1993 at 9:00 a.m., in the Council Chambers, city Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED At 2:03 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION NO. 19.06.030(2) (S) (1) AND (11) AND ADDING SECTION NO. 19.06.030(2) (S) (29) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO SINGLE ROOM OCCUPANCY (SRO) FACILITIES. (Continued fro. May 10, 1993) First (47) Al Boughey, Director of Planning & Building Services, explained that the amendment would modify the kitchen appliance requirement to allow either a range stove or microwave in the kitchen units. Agreement has been reached that the amendment stipulates that only a microwave be allowed in SRO units. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the negative declaration be adopted and Development Code Amendment No. 93-01 be approved based on the findings of fact; that a complete kitchen be included with a microwave and any reference to a range stove be deleted; and that the proposed ordinance amending section 19.06.030(2) (S) (1) (11) of the Development Code, be laid over for final adoption. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam. Council Member Maudsley. Absent: Council Member Miller. Council Nays: 17 5/24/93 RECONSIDER DEMOLITION PROPOSAL REVIEW NO. PLATT BUILDING - CONTINUED FROM MAY 10, (DISCUSSED LATER IN THE MEETING. SEE PAGE 23) 90-02- 1993- (48) This is the time and place continued to Demolition Proposal Review No. 90-02, Platt Building. reconsider Mayor Holcomb opened the hearing. The following individuals spoke in opposition to the proposed demolition of the Platt Building: Jeff Wright, P.O. Box 2341, San Bernardino, CA; James Mulvihill, 5500 University Parkway, San Bernardino, CA; James Wirth, 1980 Sierra way, San Bernardino, CA; Gary Kirby, 1505 Yardley, San Bernardino, CA; Bryron Bauer, 765 Mt. View, San Bernardino, CA; John Stevens, 4097 Pershing Avenue, San Bernardino, CA; Mary Jane Wilson, 2796 North "E" Street, San Bernardino, CA; The following individual spoke in support of the demolition of the Platt Building: Gil Lara, 500 E. Country Club Road, San Bernardino, CA. Council Member Member Pope-Ludlam, hearing be closed. Reilly made a motion, seconded by Council and unanimously carried, that the public Discussion was held relative to the Platt Building being transformed into an Imax Theater; and the Federal government's proposal to consolidate its offices into the superblock area. COUNCIL MEMBER At 2:54 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Council Member Hernandez made a motion, seconded by Council Member Estrada, that reconsideration of Demolition Proposal Review No. 90-02 Platt Building, be tabled. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley. Nays: Council Members Reilly, Minor. Absent: Council Members Pope-Ludlam, Miller. 18 5/24/93 COUNCIL MEMBER At 2:56 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Reilly made a motion, seconded by Council Member Minor, to approve Demolition Proposal Review No. 90-01, Platt Building, subject to obtaining written commitment from the state of California to lease at least 180,000 square feet of office space; that the mitigated negative declaration be adopted; and that the Mitigated Measures and Reporting Monitoring Actions Program be approved. (Note: There was no vote taken at this time) Council Member Hernandez made a substitute motion, seconded by Council Member Reilly, to table the matter with the understanding that if Imax or someone else from the state comes in with a plan, the matter will be reconsidered. (Note: There was no vote taken at this time) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to reconsider the Demolition Proposal Review No. 90-01, Platt Building. (Note: There was no vote taken at this time) Council Member Hernandez made a motion, seconded Member Pope-Ludlam, to table reconsideration of Proposal Review No. 90-02, Platt Building. by council Demolition The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Members Reilly, Minor. Absent: Council Member Miller. Mayor Holcomb vetoed the motion. Discussion ensued relative to obtaining a commitment from the state of California to lease a specific amount of office space within the superblock. Council Member Reilly made a motion, seconded by council Member Minor, that the mitigated negative declaration be adopted; that the Mitigated Measures and Reporting Monitoring Actions Program be approved; and that said demolition be approved subject to the city obtaining written commitment from the state of California to lease 180,000 square feet of office space. (Note: There was no vote taken at this time) It was proposed that the matter be continued; and that Mary Wilson, Jeff wright, Bryron Bauer, John stevens, James MUlvihill, James Wirth and Gary Kirby come forward with a developer with financial capability to acquire the Platt Building. 19 5/24/93 council Member Minor made a motion, seconded by Council Member Reilly, that reconsideration of Demolition Proposal Review No. 90-02, Platt Building, be continued to June 21, 1993 in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. The motion failed by the following vote: Members Reilly, Minor. Nays: Council Hernandez, Maudsley, Pope-Ludlam. Absent: Miller. Ayes: Council Members Estrada, Council Member Council Member Estrada made a motion, seconded by Council Member Hernandez, that the reconsideration of Demolition Proposal Review No. 90-02 Platt Building, be tabled. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Members Reilly, Minor. Absent: Council Member Miller. COUNCIL MEMBER At 3:05 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-03- ACCESSORY STRUCTURES (49) This is the time and place set for a public hearing to consider Development Code Amendment No. 93-03, to clarify requirements and standards for the location, height and size of accessory structures in residential land use districts. In a memorandum dated May 5, 1993, Al Boughey, Director of Planning & Building Services, stated that the proposed amendment addresses the following concerns: that an accessory structure may be built to the street side-yard setback line; there is no restriction on the size (floor area) of an accessory structure; the height limit of an accessory structure is the same as the main structure (ranging from 2.5 to 4 stories in residential area. The proposed amendment would allow accessory structures to be allowed up to the rear, interior side yards and occupy 50% of the main structure footprint and a maximum of 16 feet in height. The Planning commission reviewed Development Code Amendment 93-03 on April 6, 1993, and recommended that the Mayor and Council approve the development code. Mayor Holcomb opened the hearing. 20 5/24/93 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.030(1) (TABLE 4.02) AND 19.20.030(17) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO CLARIFY LOCATION AND SIZE REQUIREMENTS FOR ACCESSORY STRUCTURES. First (49) Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. COUNCIL MEMBER At 3:07 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-13 & CONDITIONAL USE PERMIT NO. 92-33 & DEVELOPMENT AGREEMENT NO. 92-01 - TRICITY CORPORATE CENTRE PROJECT (50) This is the time and place set for a public hearing to consider Development Code Amendment No. 92-13, Conditional Use Permit No. 92-33 and Development Agreement No. 92-01 for the Tri City Corporate Centre Project. In a memorandum dated May 6, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, MacDonald Properties, Inc., requested approval of Development Code Amendment No. 92-13, to establish the TriCity Corporate Centre Land Use Plan and Design Guidelines (Land Use Plan) in the Development Code as an overlay district; approval of Conditional Use Permit No. 92-33, to construct eight buildings on the site that exceed four stories in height; and approval of Development Agreement No. 92-01, to vest the developer with the right to establish specified permitted uses using the development standards and design guidelines outlined in the Tricity Corporate Centre Land Use Plan and Design Guidelines, and to provide for infrastructure improvements within the project area. The Tricity corporate Centre property is irregular in shape and consists of 152.7 acres located between I-10, and the Santa Ana River and between Waterman Avenue and the Gage Canal. The Environmental Review committee commission recommended the adoption of a declaration. and the mitigated Planning negative Mayor Holcomb opened the hearing. 21 5/24/93 RES. 93-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION MONITORING/REPORTING PROGRAM; AND ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) . (50) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 THE DEVELOPMENT CODE) TO ADD CHAPTER 19.11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. First (50) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; that said resolution, which adopts the mitigated negative declaration, adopts Development Agreement No. 92-01, and approves the Mitigation Monitoring and Reporting Program, be adopted; and that said ordinance which approves Development Code Amendment No. 92-13 to establish the TriCity Corporate Centre Land Use Plan Design Guidelines as an Overlay District in the Development Code be laid over for final adoption; and that Conditional Use Permit No. 92-33, which provides conceptual approval of eight highrise buildings, be approved. The motion carried, and Resolution No. 93-154 was by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Council Member Miller. adopted Reilly, Absent: RES. 93-155 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THE EXISTENCE OF A CERTAIN LAND USE DESIGNATION AND ACKNOWLEDGING THAT A CIVILIAN AIRPORT WILL BE OPERATED ON NORTON AIR FORCE BASE. (51) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-155 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-LUdlam. Nays: None. Absent: Council Member Miller. RECESS MEETING At 3:10 p.m., Mayor Holcomb declared a ten-minute recess. 22 5/24/93 RECONVENE MEETING At 3:23 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. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. RECONSIDER BUILDING - 18) - DEMOLITION PROPOSAL REVIEW NO. 90-02 PLATT (DISCUSSED EARLIER IN THE MEETING. SEE PAGE (48) Council Member Pope-LUdlam made a motion, seconded by council Member Minor, to reconsider previous action taken earlier in the meeting relative to Demolition Proposal Review No. 90-02 Platt Building. It was pointed out that if the matter is tabled, the city will have to start the process from the beginning. The motion Members Reilly, Members Estrada, carried by Hernandez, Maudsley. the following vote: Ayes: Council Minor, Pope-Ludlam. Nays: Council Absent: Council Member Miller. Council Member Reilly made a motion, seconded by Council Member Minor, to continue the reconsideration of Demolition Proposal Review No. 90-02, Platt Building to June 21, 1993 in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (Note: There was no vote taken at this time) Council Member Minor made a substitute motion, seconded by Council Member Reilly, that Demolition Proposal Review No. 90-02 Platt Building be continued to July 6, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Council Member Estrada. Absent: Council Member Miller. Council Nays: COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 3:25 p.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. 23 5/24/93 PUBLIC HEARING FISCAL YEAR 1993/1994 DEVELOPMENT BLOCK GRANT (CDBG) FUNDING COMMUNITY (R-S) This is the time and place set for a public hearing to consider Fiscal Year 1993/1994 Community Development Block Grant Funding requests. In a memorandum dated May 18, 1993, Ken Henderson, Executive Director, Development Department, stated that on March 1, 1993, the Mayor and Council approved and adopted the Fiscal Year 1993/1994 CDBG Program Mix and authorized staff to solicit proposals. The proposal submittal period was from March 15, 1993 through April 16, 1993. During the proposal submittal period, a total of 88 proposals were received in the following categories: Approved Program Mix Amount Requested Public Services Capital Improvements $ 470,850 $1. 452.350 $1,131,326.70 5.361. 921. 02 Total $1,923,200 $6,493,247.72 The Community Development citizen Advisory Committee met on April 22, 1993 and April 29, 1993 to review proposals for public services and capital improvement project categories. Staff has verified the eligibility of all applications recommended by the Community Development citizen Advisory Committee. Chairman Holcomb opened the hearing. Ken Henderson, Executi ve Director, Development Department, explained the criteria for awarding Community Development Block Grant funds. MAYOR HOLCOMB EXCUSED At 3:34 p.m., Mayor Holcomb left the Council meeting and the duties of Mayor were assumed by Mayor Pro Tem Estrada. Representatives for the fOllowing organizations requested community Development Block Grant Funding assistance under the Capital Improvements Category: Barbara Bonadiman, Project Home Run, 265 W. 25th street, San Bernardino, CA; Linda Savage, YWCA, 567 N. Sierra Way, San Bernardino, CA; Terry Field, A Special Place, 1003 E. Highland, San Bernardino, CA; 24 5/24/93 Rev. Douglas Hargrave, Cornerstone Preschool, 702 West 16th street, San Bernardino, CA; Donna Rutledge, Arrowhead united Way, 646 North "0" street, San Bernardino, CA; R. Sam Price, caring Friends Foundation, Inc., P.O. Box 2003, San Bernardino, CA; Jeffery Morehead, Operation Grace, 3141 Indian Canyon Court, Highland, CA; Betty Davidow, Inland Mediation Board, 420 North Lemon Avenue, Ontario, CA. Jean Anderson, 3309 North "H" Street, San Bernardino, CA, and member of the Community Development citizen Advisory committee, explained the eligibility requirements organizations must meet before the requests are recommended for approval. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council approve the recommended FY 1993/94 CDBG funding recommendations and authorize the Mayor and Executive Director to execute all necessary documents. Further, that staff be directed to prepare and submit the FY 1993/94 CDBG Statement of objectives and Projected use of funds to the U.S. Department of Housing and Urban Development. Discussion ensued regarding the San Bernardino Municipal Water Department's request to rehabilitate the Delmann Heights Water System. It was suggested that this request not be funded at this time. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to reconsider the previous action of approval. MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council meeting and resumed his duties as mayor. A discussion ensued relative to Delmann Heights water rates. It was pointed out that residents of the Delmann Heights community pay higher water rates than any other area of the city. It was proposed that staff provide additional information and bring the item back in two weeks. 25 5/24/93 council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council approve the recommended FY 1993/94 CDBG funding recommendations and authorize the Mayor and Executive Director to execute all necessary documents. Further, that staff be directed to prepare and submit the FY 1993/94 CDBG statement of Objectives and Projected use of funds to the u.s. Department of Housing and Urban Development. RECESS MEETING At 4:29 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:36 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. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller; City Attorney Penman. SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 4:37 p.m., Sr. Assistant city Attorney Barlow arrived at the Council meeting. FIRE DEPARTMENT EMERGENCY MEDICAL SERVICE - (DISCUSSED LATER IN THE MEETING. SEE PAGE 28) (S-2) In a memorandum dated May 19, 1993, Council Member Hernandez stated that for the past year and a half, the City and County of San Bernardino have been involved in a lawsuit to decide who has authority over the delivery of pre-hospital, or paramedic- provided, emergency medical services. On March 29, 1993, superior Court Judge Kaiser issued the final judgment in the lawsuit which is on appeal. The City Attorney's Office city to retain management and emergency medical services (EMS) Inland Counties Emergency Medical of San Bernardino may regulate strictly technical, clinical, or appropriate for those officials authorize EMS providers to operate feels the judgment allows the control over all pre-hospital within the City; that neither Agency (ICEMA) nor the County pre-hospital EMS, other than medical issues that are only with a medical degree, nor within the city. 26 5/24/93 The exception to this is if the City asks the County to enter into a contract to perform the other services. The City is allowed to supply services at not less than existing levels as of June 1, 1980. If the city wants to contract for ambulance transport services with a private provider and has not previously done so, then they must do so by agreement with the local EMS agency; however, this does not say that a City may not itself provide ambulance transport. The City would not eliminate Courtesy Ambulance as a private provider of ambulance transport. Courtesy would still operate in surrounding cities as the emergency transport provider, as well as within the city for routine transport such as inter-hospital transfers. The City has received a judgment that infers the City's right to provide ambulance transport within its own boundaries, that the Fire Department already provides pre-hospital paramedic care except actual vehicle transport, and that Fire Department transport would cost less to the citizens and would offset the costs of City paramedic services. It is recommended that the Mayor and Council direct the Fire Department to provide emergency medical transport. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the Mayor and Common Council direct the city Administrator and Fire Chief to finalize and implement a plan for the City of San Bernardino Fire Department to provide emergency medical transport. (Note: There was no vote taken at this time) Harry L. Gershon, Legal Counsel for Courtesy voiced opposition to the proposed Fire Department medical services plan; and stated that the city was in of anti-trust and civil rights law. Services, emergency violation CITY ATTORNEY PENMAN RETURNED At 4:39 p.m., City Attorney Penman returned to the Council meeting and replaced Sr. Assistant City Attorney Barlow. City Attorney Penman explained that the public has not had an opportunity to discuss the matter and recommended that the item be calendared at a later date in order for staff to prepare a response to concerns raised. (Note: No action was taken consensus of the Council, that the in the meeting. See page 28) at this time. It was the matter be continued to later 27 5/24/93 FIRE DEPARTMENT EMERGENCY MEDICAL SERVICE - (DISCUSSED EARLIER IN THE MEETING. SEE PAGE 26) (S-2) This is the time meeting to consider medical service plan. and place continued to from earlier in the the proposed Fire Department emergency city Attorney Penman voiced concern regarding the potential for litigation and the city's legal rights to enter into the ambulance business. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council direct the City Administrator and Fire Chief to finalize and bring back a plan for the City of San Bernardino Fire Department to provide emergency medical transport at a public hearing scheduled for July 19, 1993 in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ACQUISITION OF SCOREBOARD GUTIERREZ FIELD- RECREATION EQUIPMENT RUBEN CAMPOS CENTER, RUDY HERNANDEZ CENTER AND MILL COMMUNITY CENTER - FIRST WARD PARK EXTENSION FUNDS (S-l) In a memorandum dated May 20, 1993, Annie Ramos, Director of Parks, Recreation & Community services, stated that Gutierrez Field is in need of a new scoreboard. The present scoreboard is over 10 years old and not functioning properly. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that $8,313 from the First Ward Park Extension Funds for the acquisition of a scoreboard for Gutierrez Field, and recreation equipment for Ruben Campos Center, Rudy Hernandez Center and Mill Community Center, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 5:18 p.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. 28 5/24/93 RES. 93-156 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING MARKET NIGHT, ITINERANT VENDORS, ENTERTAINMENT, AND OTHER EVENTS ON COURT STREET SQUARE AS SCHEDULED BY SAN BERNARDINO MAIN STREET. (RS-2) City Clerk Rachel Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Minor. Nays: Miller. No. 93-156 was adopted by Members Estrada, Reilly, None. Absent: Council the following vote: Hernandez, Maudsley, Members Pope-Ludlam, COUNCIL MEMBER At 5:19 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the UPDATE ON LITIGATION EXPENSES - CITY ATTORNEY PENMAN- CONTINUED FROM MAY 13, 1993 (41) This is the time and place continued to consider an updated report on the litigation expenses to date of the City Attorney's Office. Council Member Estrada made a motion, Member Reilly, and unanimously carried, litigation expenses of the City Attorney's seconded by Council that the update on Office, be tabled. ESTABLISH ASSESSMENT DISTRICT CONSTRUCTION OF STERLING AVENUE, FROM FOOTHILL DRIVE TO DALEY CANYON ROAD - AUTHORIZATION TO PROCEED - CONTINUED FROM MARCH 22, 1993 (42) This is the time and place continued to consider establishment of an assessment district for the construction of Sterling Avenue, from Foothill Drive to Daley Canyon Road. A discussion was held relative to the proposal to establish primary/secondary emergency access road to Sterling Avenue. The dedication of Sterling Avenue would provide emergency and maintenance service protection to approximately 100 existing homes in the proposed area. Jeff Wright, P.O. Box 2341, San Bernardino, Ca, voiced concern regarding the proposal. 29 5/24/93 Warner W. Hodgdon, Developer, P.O. Box 2146, San Bernardino, CA, read a letter dated May 24, 1993, regarding the Sterling Avenue Primary/Secondary Access Schematic Landscape/Mitigation Plans. council Member Hernandez made a motion, seconded by council Member Estrada, that the City Clerk and City Engineer be directed to proceed with the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive, to Daley Canyon Road. The motion carried Members Estrada, Reilly, Members Maudsley, Minor. by the following vote: Hernandez, Pope-Ludlam. Absent: Council Member Ayes: Nays: Miller. Council council RECONSIDER GENERAL PLAN AMENDMENT NO. 92-06 & TENTATIVE TRACT NO. 15407 - COUNCIL MEMBER POPE-LUDLAM (43) In a memorandum dated May 17, 1993, Council Member Pope- Ludlam, requested that the Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407. In a letter dated May 5, 1993, David Mlynarski, President, Engineering Construction and Environmental Services, Inc., 25864 Business Center Drive, suite F, Redlands, CA, requested that Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Member Minor. Absent: Council Member Miller. David Mlynarski, President, Engineering Construction and Environmental Services, Inc., 25864 Business Center Drive, suite F, Redlands, California, spoke in support of the project. He stated that there is local neighborhood support; that the project is a participant in Mello/Roos District I/Verdemont Area; and that there is an agreement to pay $47,970. towards an off-site drainage improvement. city Attorney Penman advised the Mayor and Council that the matter should be renoticed. 30 5/24/93 council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that General Plan Amendment No. 92-06 and Tentative Tract No. 15407 be rescheduled for a public hearing at 2:00 p.m., July 6, 1993, in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RES. 93-157 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING AND IMPOSING WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATION REPRESENTED BY FIRE FIGHTERS, LOCAL 891. (continued from May 17, 1993) (Discussed earlier in the meeting. See page 9) (36) City Clerk Rachel Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Ayes: Minor, Miller. Resolution No. 93-157 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: None. Absent: Council Member AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.170 OF AND ADDING SECTION 2.56.171 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CALLING SPECIAL ELECTIONS AND THE DATE SUCH ELECTIONS SHALL BE HELD. First (44) Discussion was held relative to an all-mail ballot election for the Fifth Ward. Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced concern that the Fifth Ward would be without representation for approximately three months; and requested that the Charter be amended to allow the Mayor to appoint a person to fill the Fifth Ward vacancy until a special election is held. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, expressed concern that the special election should be held as soon as possible. She expressed support of September 14, 1993 as the date to hold the Special Election for the Fifth Ward, but opposed having an all-mail ballot election. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. (Note: September 14, 1993 was set as the date for a Special Election to fill the vacancy in the Fifth Ward) . 31 5/24/93 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION C OF SECTION 10.16.180 OF THE SAN BERNARDINO MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL PARKING FOR CAR POOLING INCENTIVE. First (45) Council Member Hernandez made a motion, seconded by council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING - CLOSED SESSION (R-9) At 6: 14 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 which as been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a); b. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; c. to confer litigation 54956.9(c), to initiate with the attorney regarding pursuant to Government Code so that the Commission may decide litigation; pending Section whether d. to give instruction to the 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: e. to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 6: 14 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, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. 32 5/24/93 Also present: Tim Steinhaus, Agency Administrator, Economic Development; Sr. Assistant City Attorney Barlow. ADJOURN CLOSED SESSION At 6:35 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 6:35 p.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council to order 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 Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Miller. ANNOUNCEMENT - MARUKO HOTEL (AKA RADISSON HOTEL) (New Business) Mayor Holcomb announced, that in closed session, the Agency Administrator of the Economic Development Agency was authorized to negotiate with Maruko (aka Radisson Hotel) for the acquisition of the hotel and to seek a qualified operator to keep the Radisson Hotel in operation. The Radisson Hotel is expected to close in August 1993. MAYOR HOLCOMB EXCUSED At 6:40 p.m., Mayor Holcomb left duties of Mayor were assumed by Mayor the Council meeting and the Pro Tem Reilly. PERSONNEL ACTIONS (14) Discussion was held relative to the appropriate procedure for promoting City employees to higher positions. Council Member Hernandez stated that for the record he opposed the request to promote Valerie Ross, from Senior Planner to Principal Planner, in the Planning and Building Services Department (Item #3). 33 5/24/93 council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 18, 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. 93-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TREES UNLIMITED FOR MAINTENANCE OF LANDSCAPING FOR CAROUSEL MALL, CITY HALL, AND VARIOUS OTHER CITY FACILITIES. (28) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-158 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Absent: Council Members Estrada, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BECKER SECURITY SERVICE FOR PROVISION OF SECURITY SERVICE IN ARDEN-GUTHRIE AREA. (31) Council Member Minor made a motion, seconded by Council Pope-Ludlam, and unanimously carried, that Roger Hardgrave, Director of Public Works/City Engineer, be directed to investigate security services in the Arden Guthrie area; and that the item be continued to June 7, 1993 in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. RES. 93-159 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD, DESIGNATED LAFCO 2743. (32) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 93-159 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Absent: Council Members Estrada, Miller. 34 5/24/93 ~, AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.070, 15.04.075, 15.04.080, 15.04.085, 15.04.100, 15.04.120, 15.04.130, 15.04.133, 15.04.140, 15.04.150, 15.04.160, 15.04.165, 15.04.167, 15.04.175, 15.04.177, 15.04.179, 15.04.220, 15.20.040, 15.20.080, 15.20.120, 15.28.010, 15.28.020, 15.28.170, REPEALING CHAPTERS 15.38, 15.40, 15.44, 15.60, AND SECTIONS 15.04.040, 15.04.095, 15.04.140, 15.04.150, 15.04.160, 15.04.170, 15.04.190, 15.28.030, 15.28.040, 15.28.050, 15.28.060, 15.28.070, 15.28.080, 15.28.090, 15.28.100, 15.28.110, 15.28.120, AND ADDING SECTIONS 15.04.076, 15.04.077, 15.04.081, 15.040.083, 15.04.112, 15.04.114, 15.04.125, 15.04.163, 15.04.221, 15.04.222, 15.04.223 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING SECURITY CODE, 1991 EDITION, THE UNIFORM MECHANICAL CODE, 1991 EDITION, THE UNIFORM PLUMBING CODE, 1991 EDITION, THE UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AND AMENDMENTS THEREON. Final (34) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be continued to June 21, 1993 in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. SET PUBLIC HEARING ESTABLISH FEE FOR ELECTRONIC MICROCHIP IDENTIFICATION OF ANIMALS (7) In a memorandum dated May 4, 1993, Deborah Biggs, Director of Animal Control, stated that the Animal Advisory Commission has explored the use of microchips for identification of animals. In April 1993, the Commission chose the InfoPet National Animal Identifications and Recovery System. The InfoPet System is based on a small and permanent implantable microchip about the size and shape of a grain of rice. Each animal arriving at the shelter, whether alive or dead, will be scanned with either a hand held scanner or a walk-by scanner. The pet can immediately be reunited with its owner by tracing the identification code through our records or InfoPet's National Registry. 35 5/24/93 All animals adopted from the animal shelter will be implanted; the fee for each implant is $8 at the time of adoption. Residents who wish to have their animals implanted may do so for a fee of $18 per animal. The pet owner may register their animal with the national database for a $30 lifetime fee. For each registration, the department receives an additional $5. The program will provide an estimated $20,000 in revenue. council Member Hernandez made a motion, seconded by council Member Minor, and unanimously carried, that a pUblic hearing be set for June 7, 1993, at 10:00 a.m., to accept public input relative to the establishment of fees for electronic identification (microchips) to be used in the Animal Control Department. SET PUBLIC HEARING - ESTABLISH FEES ASSOCIATED WITH RENOVATION OF PERRIS HILL PLUNGE (8) In a memorandum dated April 26, 1993, Annie Ramos, Director of Parks, Recreation & community Services, stated that the proposed fees are associated with the renovation of the perris Hill Plunge. This facility, which is scheduled to be re-opened by July 1993, will have several new amenities and uses which require appropriate fee schedules: the new water slide fee is proposed at $.50 per session; the family swim pass fee is proposed at $50 per season; and a fee is proposed for adult drop-in basketball. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that a public hearing be set for June 7, 1993, at 10:00 a.m., to accept public input relative to the establishment of fees associated with the renovation of Perris Hill Plunge. INSTALL STREET IMPROVEMENTS - UNIVERSITY PARKWAY (WEST SIDE) FROM COLLEGE AVENUE TO KENDALL DRIVE - APPROVAL OF PLANS & AUTHORIZATION - ADVERTISE FOR BIDS (9) In a memorandum dated May 3, 1993 Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of street improvements on University Parkway, from College Avenue to Kendall Drive, have been prepared and the project is ready to be advertised for bids. The project consists of installing curb and gutter, sidewalk and fill-in paving along the west side of University Parkway. The total estimated project cost is $119,900. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern relative to increased traffic congestion that would be created by the proposed street improvements. -, 36 5/24/93 ~ council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for installation of curbs and gutters, and sidewalk, on University Parkway (west side) from College Avenue to Kendall Drive, J.n accordance with Plan No. 8896, be approved, and the Director of Public Works/City Engineer, be authorized to advertise for bids. INSTALL TRAFFIC SIGNALS - ARROWHEAD AVENUE & 7TH STREET - APPROVAL OF TRANSFER OF FUNDS (10) In a memorandum dated April 26, 1993 Roger Hardgrave, Director of Public Works/City Engineer, stated that staff at the Bankruptcy Court has expressed concern relative to entering Arrowhead Avenue from 7th Street, based upon the increased traffic on Arrowhead Avenue due to new developments. Traffic signal warrants are not currently satisfied at this intersection. However, warrants were developed to be used as a guideline, with the realization that special circumstances may create problems that could be alleviated by traffic signals, even though the traffic volumes are not sufficient to satisfy the warrants. The preliminary estimated cost for installing traffic signals at the intersection is $90,000. council Member Hernandez made a motion, seconded by Council Member Reilly, that the transfer of $90,000, from Account No. 250-670-57876, "Traffic Signals - Mill street and Lena Road," to Account No. 250-670-57898, "Traffic signals - Arrowhead Avenue and 7th street," be approved. The motion Members Reilly, Member Maudsley. carried by the following vote: Ayes: Council Hernandez, Minor, Pope-Ludlam. Nays: Council Absent: Council Members Estrada, Miller. UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 22 - 5TH, 6TH, 7TH, "F", "G" AND "H" STREETS (11) In a memorandum dated May 7, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the city's Underground Utility District Committee recommended the formation of Underground utility District No. 22 at their meeting of May 5, 1993. It is recommended to underground utilities in order to improve the appearance of a street by removing visual clutter and eliminate the hazard from broken wires which result from violent 37 5/24/93 windstorms or earthquakes. Property owners within the district will be required to complete the undergrounding from their property lines to the service points at their own cost. No City funds will be required for this project. A public hearing date will be established at a later time, and all property owners within the proposed district will be notified of the proposal. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the establishment of Underground utility District No. 22, generally located along portions of 5th, 6th, 7th, "F", "G", and "H" streets. UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 23 - ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE (12) In a memorandum dated May 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the city's Underground utility District Committee recommended the formation of Underground utility District No. 23, located along portions of orange Show Road, between Arrowhead Avenue and Tippecanoe Avenue, at their meeting of May 5, 1993. ~ The recommendation to underground the utilities improves the appearance of the street by removing visual clutter and eliminates the hazard from broken wires which result from violent windstorms or earthquakes. The formation of this district was proposed as a result of the extension of Orange Show Road, which would require utility lines and poles to be relocated to accommodate construction. Property owners within the district will be required to complete the undergrounding from their property lines to the service points at their own cost. No City funds will be required for this project. A public hearing will be established at a later time, and all property owners within the proposed district will be notified by mail of the proposal. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Public Works/City Engineer, and the City Clerk be authorized to proceed with the establishment of Underground Utility District No. 23, generally located along portions of Orange Show Road, between Arrowhead Avenue and Tippecanoe Avenue. 38 5/24/93 RES. 93-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RIVERSIDE HUMANE SPCA FOR THE FURNISHING AND DELIVERY OF USED ANIMAL TRANSPORT VEHICLES, TO BE UTILIZED BY THE ANIMAL CONTROL DEPARTMENT. (16) RES. 93-161 - 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. (17) RES. 93-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GARY BRAUER RELATING TO THE PROVISION OF CONSTRUCTION INSPECTION SERVICES FOR THE INSTALLATION OF TRAFFIC SIGNALS AT INTERSTATE I-215 AND ORANGE SHOW ROAD/AUTO PLAZA DRIVE. (22) RES. 93-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE EXECUTIVE GROUNDSKEEPERS, INC. FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 953. (23) RES. 93-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO T.L. PAVLICH CONSTRUCTION, INC. FOR INSTALLATION OF SEWER IN REDLANDS BOULEVARD, FROM HUNTS LANE TO CLUB WAY. (24) RES. 93-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO PAYMENT FOR OVERSIZING SEWER LINE IN REDLANDS BOULEVARD, FROM HUNTS LANE TO CLUB WAY. (25) RES. 93-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TROPICAL PLAZA NURSERY, INC., FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS NOS. 974, 975, 981, 986 AND 989. (26) RES. 93-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TREES UNLIMITED, INC. FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 956 AND 968. (27) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. 39 5/24/93 Resolution Nos. 93-160, 93-161, 93-162, 93-163, 93-164, 93- 165, 93-166 and 93-167 were adopted by the following vote: Ayes: council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: council Members Estrada, Miller. RES. 93-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 951, 952 AND 1002. (29) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted; and that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District Nos. 951, 952 and 1002, in accordance with Plan Nos. 6192-A, 6056-A, and 8302, be approved; to incorporate Zone 3, for Assessment District No. 952 into the contract, at an increase in the annual contract price of $15,405, from $84,645.62 to $100,050.62. The motion carried, and Resolution No. 93-168 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Members Estrada, Miller. RES. 93-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TREES UNLIMITED FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 982. (30) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-169 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Absent: Council Members Estrada, Miller. ORD. MC-873 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991 EDITION, AND AMENDMENTS THEREON TO ESTABLISH A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS, AND REPEALING RESOLUTIONS 90-117 AND 90-214. Final (33) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance MC-873 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Members Estrada, Miller. 40 5/24/93 ADJOURNMENT (52) At 7:13 p.m., Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that the meeting be adjourned to Wednesday, June 2, 1993, at 9:00 a.m., in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RACHEL CLARK City Clerk " By ~,....< --.-_ Diane~Jones, Deputy City Clerk / I No. of Hours: 9 hrs. 13 min. No. of Hours: 72 41 5/24/93