Loading...
HomeMy WebLinkAbout09-07-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 7, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:08 a.m., TueSday, September 7, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, Curlin, Hernandez, Oberhelman; City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Pope- Ludlam, Miller; City Attorney Penman. * Fifth Ward Office Vacant RECESS MEETING - CLOSED SESSION At 8:08 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 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 to access to public services or public facilities pursuant to Government Code Section 54957; 1 9/7/93 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: ; to meet with an applicant for a applicant's attorney pursuant section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; g. City license and the to Government Code 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 vs. James F. Penman. et al - United States District Court Case No. 91-5757; wirth vs. Adams/city of San Bernardino - San Bernardino Superior Court Case No. 251346; Ibrahim vs. city of San Bernardino - San Bernardino Superior Court Case No. SCV 02148; Petre vs. city of San Bernardino - San Bernardino Superior Court Case No. SCV 261575; Cook vs. Carousel Mall - Los Angeles Superior Court Case No. BC 084833; Wheeler vs. Little Leaque Baseball. et al - San Bernardino Superior Court Case no. 264422. CLOSED SESSION At 8:08 a.m., Mayor Minor called the closed session to order in the conference room of 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 Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman; City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Pope- Ludlam, Miller; city Attorney Penman. * Fifth Ward Office Vacant 2 9/7/93 Also present: Deputy City Attorney Simmons, and Bonnie Greenleaf, Legal Secretary, city Attorney's Office. DEPUTY CITY ATTORNEY SIMMONS SECRETARY, EXCUSED At 8:14 a.m., Deputy Greenleaf, Legal Secretary, closed session. & BONNIE GREENLEAF, LEGAL city Attorney Simmons, and Bonnie City Attorney's Office, left the COUNCIL MEMBER MILLER ARRIVED At 8:15 a.m., Council Member Miller arrived at the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:16 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER At 8:46 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-LUdlam arrived at the 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. ADJOURN CLOSED SESSION At 8: 59 a. m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant INVOCATION The invocation was given by Dr. Tom Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. 3 9/7/93 ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin perris Hill water park, facility were identified. facility, as needed. explained that during a visit to handicapped access problems to Corrections will be made to the the the ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2A) Council Member Oberhelman requested that candidates remove any political signs that have not been removed. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of San Bernardino, CA, stated that he has been requested to stop sending letters and gifts to City employees. PUBLIC COMMENTS - MOUNTAIN SHADOWS MOBILE HOME PARK RESIDENTS (3A) The following Mountain Shadows Mobile Home Park residents expressed concern about mobile home rent increases, and urged the City to build a mobile home park where rents would be financially manageable for residents on fixed incomes: Mel Poer, 4040 East Piedmont Drive, Space 162, Highland, CA. Shirley Cochran Forman, 4040 East Piedmont Drive, Space 114, Highland, CA. June Mothersbaugh, 4040 East piedmont Drive, Space 207, Highland, CA. Betty Atkinson, 4040 East piedmont Drive, Space 343, Highland, CA. June Miley, 4040 East Piedmont Drive, Space 112, Highland, CA. Bruce Johnson, 4040 East Piedmont Drive, Space 65, Highland, CA. ANNOUNCEMENT - MAYOR MINOR (2B) Mayor Minor recommended that the issues presented by the residents of the Mountain Shadows Mobile Home Park be discussed at the next Housing Committee meeting. 4 9/7/93 ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2C) Council Member Hernandez stated that the concerns expressed by the Mountain Shadows Mobile Home Park residents would be discussed at the next Housing Committee meeting, and pledged to notify the residents of the meeting date, time and location. ANNOUNCEMENT MOUNTAIN SHADOWS MOBILE HOME COUNCIL MEMBERS NEGRETE, CURLIN & OBERHELMAN PARK- (2D) Council Members Negrete, Curlin and Oberhelman pledged to assist in resolving the concerns of the Mountain Shadows Mobile Home Park residents. ANNOUNCEMENT - CITY ATTORNEY PENMAN (2E) City Attorney Penman explained that the owners of Mountain Shadows Mobile Home Park are suing the city because they were not permitted to build high density apartments adjacent to the mobile home park, and the lawsuit is currently on appeal. PUBLIC COMMENTS - EARL GO IN (3B) Earl Goin, Mountain Shadows Mobile Home Park, 4040 East Piedmont, Space 364, Highland, CA, voiced concern over mobile home rent increases, and urged the City to build a mobile home park where rents would be financially manageable for residents on fixed income. PUBLIC COMMENTS - HELEN KOPCZYNSKI (3C) Helen Kopczynski, 8150 Cable canyon Road, San Bernardino, CA, stated that more courtesy should be gl.ven to citizens who attend committee meetings, and expressed a desire for decorum at council meetings. PUBLIC COMMENTS - JEFF WRIGHT (3D) Jeff Wright, P.O. Box, 2341, San Bernardino, CA, requested that the council agenda be posted in a glass enclosed bulletin board outside of City Hall to allow public access to information when City facilities are closed. APPOINTMENTS - BILL LEMANN - POLICE FELLER COMMUNITY DEVELOPMENT COMMITTEE COMMISSION - SUSAN CITIZENS ADVISORY (4) In memoranda respectively Mayor Bill Lemann, 3120 Police Commission; Bernardino, CA, to dated August 20 and August 27, 1993, Minor recommended that the appointments of North Parkside, San Bernardino, CA, to the and Susan Feller, 3356 Parks ide Drive, San the Community Development citizens Advisory 5 9/7/93 Committee, as requested by Council Member Miller, be approved. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointments of Bill Lemann to the Police Commission; and Susan Feller to the Community Development Advisory Committee, be approved. PROCLAMATION - KIDS CARE FAIR - SEPTEMBER 10-12, 1993 (4A) Phil Arvizo, Executive Assistant to the Council, read a resolution proclaiming September 10-12, 1993, as Kids Care Fair Days in the city. Cliff Daniels accepted the prOClamation. PROCLAMATION ROBERT H. BALLARD REHABILITATION HOSPITAL - REHABILITATION WEEK - SEPTEMBER 20-24, 1993 (4B) Phil Arvizo, Executive Assistant to the Council, read a resolution proclaiming September 20-24, 1993, as Rehabilitation Week, and commending the staff of the Robert H. Ballard Rehabilitation Hospital in recognition of service to the community. Mr. Herrick accepted the proclamation. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (2F) City Clerk Rachel Clark urged residents of the Fifth Ward to contact the City Clerk's Office at 384-5002 if they have questions regarding the Special Municipal Election to be conducted on Tuesday, September 14, 1993. PRESENTATION - ROUTE 66 RENDEZVOUS - SEPTEMBER 17-19, 1993 (4C) Dan Stark, San Bernardino Convention & Visitors West Court Street, suite #108, San Bernardino, CA, presentation regarding the Route 66 Rendezvous September 17-19, 1993. PERSONNEL ACTIONS - DISCUSSED LATER IN THE MEETING- SEE PAGE 32 (21) Bureau, 440 conducted a to be held Council Member Member Miller, and actions be continued Negrete made a motion, seconded by Council unanimously carried, that the personnel to later in the meeting. 6 9/7/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ORANGE SHOW LANE BETWEEN THREE- HUNDRED FEET EAST OF "E" STREET AND ARROWHEAD AVENUE. (Discussed later in the meeting) (See page 31) (28) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DARREL BARBARICK/D&J DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed later in the meeting) (See page 32) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H&H ENTERPRISES, RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed later in the meeting) (See page 32) (33) Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that said resolutions be continued to later in the meeting. COUNCIL MEMBER CURLIN EXCUSED Council Member Curlin left the Council meeting. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, 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: June 2, 1993, June 21, 1993, July 19, 1993, and August 9, 1993. PROPOSED STAFFING CHANGES - CITY ADMINISTRATOR'S OFFICE (7) In a memorandum dated August 25, 1993, Shauna Clark, City Administrator, stated that when the position of Employee Transportation Coordinator became vacant, Peggy Ducey, Assistant to the City Administrator, began the training required by the Air Quality Management District (AQMD) under the mandated trip- reduction program. AQMD mandates that the city have a smog reduction program, and a Regulation IX Certification which Mrs. Ducey has acquired. Recently, Mrs. Ducey announced she would have to resign; however, agreed to stay on part-time if the Mayor and Council would consent to modify the duties of the current Employee Transportation Coordinator position. 7 9/7/93 -, AQMD mandates must be met whether or not the city continues to receive AQMD funding. In order to receive funding the City must have a full time effort toward ridesharing and other methods for reducing smog; and at least one employee certified by AQMD. It is proposed to have the department Clerk Typist II monitor the rideshare incentive program, have the Administrative Analyst plan the transportation fair and marketing efforts, and for Mrs. Ducey to continue to hold the Regulation IX certificate, and coordinate the city's program. The Assistant to the City Administrator's duties have included performing analyses, labor relations, and research. In order to shift some of these duties, the title and job duties of the Employee Transportation Coordinator must be changed to Administrative Analyst, with no corresponding change in salary. By reducing the hours of the Assistant to the City Administrator, there is a net annual savings of $41,462. council Member Oberhelman made a motion, seconded by council Member Hernandez, and unanimously carried, that the classification of Employee Transportation Coordinator be deleted; that the classification of Administrative Analyst in the Office of the city Administrator be established at Range 4357 ($2,632- $3,199 per month), and that the job description be referred to civil service for review; that the city Administrator be authorized to reduce the hours and salary of the Assistant to the city Administrator to twenty-five (25) hours per week with the understanding that the position would receive no benefits other than Public Employees Retirement System (PERS), as required for part-time employees; and that the Director of Personnel be authorized to update Resolution Nos. 6413, and 6433 to reflect these actions. ESTABLISH SALARIES POLICE DEPARTMENT RANGES P-1 POLICE OFFICER - P-2 DETECTIVE/TRAINING OFFICER - P-3 SERGEANT & LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1, 1993 (10) In a memorandum dated August 9, 1993, Barbara Dillon, Director of Personnel, stated that Section 186 of the city Charter establishes a formula for local safety members' salaries effective August 1 of each year. Staff has reached an agreement with Police Safety Employees on the ten cities whose salaries would be averaged to determine this year's P-1 Police Officer, P- 2 Detective/Training Officer, and P-3 Sergeant and Law Enforcement Trainee salaries for the Police Department. The cities selected are: Chula Vista, Fremont, Garden Grove, Inglewood, Oceanside, Orange, Oxnard, Riverside, Simi Valley, and Torrance. The total additional cost for salaries, including 41.7% to reflect variable fringe benefits that rise with salary, is $210,084. 8 9/7/93 council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Police Department Ranges P-1 Police Officer, P-2 Detective /Training Officer, P-3 Sergeant, and Law Enforcement Trainee be established, effective August 1, 1993, as outlined in the staff report dated August 9, 1993; and that the Personnel Department prepare an amendment to Resolution No. 6429 and 6413, Section 13. ESTABLISH SALARIES POLICE DEPARTMENT LIEUTENANT - P-5 CAPTAIN - P-6 ASSISTANT CHIEF - EFFECTIVE AUGUST 1, 1993 RANGES P-4 CHIEF & P-7 (11) In a memorandum dated August 11, 1993, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for local safety members' salaries effective August 1 of each year. Staff has reached an agreement with Police Management Employees on the ten cities whose salaries would be averaged to determine this year's P-4 Lieutenant, P-5 Captain, P-6 Assistant Chief, and P-7 Chief salaries for the Police Department. The cities selected are: Chula Vista, Garden Grove, Hayward, Moreno Valley, Oceanside, orange, Oxnard, Pasadena, Simi Valley, and Torrance. The total additional cost for salaries, including 34.72% to reflect variable fringe benefits that rise with salary, is $9,102. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Police Department Ranges P-4 Lieutenant, P-5 captain, P-6 Assistant Chief, and P-7 Chief, be established, effective August 1, 1993, as outlined in the staff report dated August 11, 1993; and that the Personnel Department prepare an amendment to Resolution No. 6429. ESTABLISH SALARIES FIRE DEPARTMENT RANGES P-1 FIREFIGHTER P-2 PARAMEDIC/FIREFIGHTER & FIRE INVESTIGATOR - P-3 FIRE ENGINEER - P-4 FIRE CAPTAIN & FIRE FIGHTER TRAINEE - EFFECTIVE AUGUST 1, 1993 (12) In a memorandum dated August 25, 1993, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for local safety members' salaries effective August 1 of each year. Staff has reached an agreement with Fire Safety Employees on the ten cities whose salaries would be averaged to determine this year's P-1 Firefighter, P-2 Paramedic/Firefighter and Investigator, P-3 Engineer, P-4 Captain, and Fire Fighter Trainee. The cities selected are: Chula vista, Fremont, Irvine, Mission Viejo, Modesto, Pomona, Riverside, Santa Rosa, Simi Valley, and Thousand Oaks. The total additional cost for salaries, including 42.21% to reflect variable fringe benefits that rise with salary, is $46,588. 9 9/7/93 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Fire Department Ranges P-1 Firefighter, P-2 Paramedic /Firefighter, P-2 Investigator, P-3 Engineer, P-4 Captain and Fire Fighter Trainee be established, effective August 1, 1993, as outlined in the staff report dated August 25, 1993; and that the Personnel Department prepare an amendment to Resolution No. 6429 and 6413, Section 13. ESTABLISH SALARIES BATTALION CHIEF - P-6 CHIEF - FIRE MARSHALL AUGUST 1, 1993 FIRE DEPARTMENT RANGES P-5 DEPUTY FIRE CHIEF - P-7 FIRE & TRAINING OFFICER - EFFECTIVE (13) In a memorandum dated August 18, 1993, Barbara Dillon, Director of Personnel, stated that Section 186 of the City Charter establishes a formula for local safety members' salaries effective August 1 of each year. Staff has reached an agreement with Fire Management Employees on the ten cities whose salaries would be averaged to determine this year's P-5 Battalion Chief, P-6 Deputy Chief, P-7 Chief, Fire Marshall, and Training Officer for the Fire Department. The cities selected are: Chula Vista, Fremont, Fullerton, Glendale, Hayward, Pasadena, oxnard, Rancho Cucamonga, Simi Valley, and Thousand Oaks. The total additional cost for salaries, including 34.72% to reflect variable fringe benefits that rise with salary, is $27,596. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Fire Department Ranges P-5 Battalion Chief, P-6 Deputy Chief, P-7 Chief, Fire Marshall, and Training Officer be established, effective August 1, 1993, as outlined in the staff report dated August 18, 1993; and that the Personnel Department prepare an amendment to Resolution No. 6429. CONSTRUCT DRAINAGE IMPROVEMENTS - EVANS STREET & "I" STREET - APPROVE TRANSFER OF FUNDS - $15,000 (14) In a memorandum dated August 17, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that storm water flowing along the west side of the Santa Fe Railway track is discharged into the intersection of Evans Street and "I" Street, through a curb opening, and then drains to the west side of "I" Street. The street is not adequate to handle the volume of storm water, and results in water flowing over the curb and on to the adjoining parcel. Complaints regarding the storm water have been received from the owner of this single family residence. To alleviate this situation, one option would be to extend the eighteen-inch storm drain at 13th Street to Evans Street at an approximate cost of $85,000. A second option would be to remove and reconstruct the curb and gutter along the east side of 10 9/7/93 "I" street, and raise the pavement to keep the storm water flowing on the east side of the street at an approximate cost of $15,000. The storm water would still flow on "I" street, but the parcel on the southwest corner would be protected. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $15,000 from Account No. 248-368-57847, "Drainage Improvements to Chestnut Creek storm Drain," to Account No. 248- 368-57885, "Drainage Improvements, Evans Street and "I" street," be approved. INSTALL STORM DRAIN IMPROVEMENTS APPROVE PLANS & ADVERTISE FOR BIDS CHESTNUT AVENUE- (17) In a memorandum dated August 25, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of storm drain improvements to the Chestnut Avenue Storm Drain have been prepared and the project is ready to be advertised for bids. The project consists of installing additional inlets, collection and discharge of local drainage into the main storm drain to alleviate problems experienced during recent heavy rains. The total estimated project cost is $34,800. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of storm drainage improvements to the Chestnut Avenue Storm Drain, in accordance with Plan No. 8986, be approved; and that the Director of Public Works/City Engineer be directed to advertise for bids. CLAIMS AND PAYROLL (20) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated August 30, 1993 from the Director of Finance, be approved. RES. 93-324 A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1993/94 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 93-249. (23) RES. 93-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SUBLEASE AGREEMENT WITH THE SAN BERNARDINO ART ASSOCIATION AND REPEALING RESOLUTION NO. 93-112. (24) 11 9/7/93 RES. 93-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE REIMBURSEMENT OF FUNDS FOR A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM OFFICER PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT. (25) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-324, 93-325, and 93-326 were adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. * Fifth Ward Office Vacant RES. 93-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SULLY-MILLER CONTRACTING COMPANY FOR STREET IMPROVEMENTS ON UNIVERSITY PARKWAY FROM COLLEGE AVENUE TO KENDALL DRIVE. (31) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted; and that the transfer of $25,000, from Account No. 129-309-57838, "south "E" street, from orange Show Road to Mill street," to Account No. 129-309-57287, "University parkway, from College Avenue to Kendall Drive," be approved. The motion carried, and Resolution No. 93-327 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. * Fifth Ward Office Vacant RES. 93-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 8 ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 108 TO MLC GROUP INC. FOR THE FINANCING OF TWO (2) EACH, STREET SWEEPERS, TO BE UTILIZED BY THE PUBIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-22. (35) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-328 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. * Fifth Ward Office Vacant COUNCIL MEMBER CURLIN RETURNED Council Member Curlin returned to the Council meeting and took his place at the council table. 12 9/7/93 WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Morillo. and was PARK MAINTENANCE SERVICE - FIVE LOCATIONS - AUTHORIZE ADVERTISE FOR BIDS (8) In a memorandum dated August 23, 1993, Fred Wilson, Assistant City Administrator, stated that one option presented as part of the Fiscal Year 1993/94 budget review involved exploring privatizing City services where competitive markets existed, with the understanding that privatization would be accomplished through attrition and would not involve layoffs. Park maintenance services were recommended for privatization on a pilot project basis. Because a competitive market exists, the City has successfully used contract landscape maintenance services in the past, and there currently exists five vacant Park Maintenance Worker positions. Bid Specifications have been prepared for the following five locations: "E" Street turn out; Mt. View Avenue; Cross Town Freeway frontage; Muscupiabe; and Colony Park, for a total of 17.49 acres. Maintenance of these five locations has required the services of two Park Maintenance Workers on a full-time basis at an annual cost of approximately $61,000. It is estimated that the contract landscape maintenance services could be performed at an annual cost of approximately $42,000; however, actual costs would not be known until the bids have been received. As this contract is a pilot project, it will be monitored for contract compliance and evaluated at the end of the contract period. Malcolm Simmons, San Association (SBPEA), 433 Sierra opposition to the privatization Bernardino Public Employees' Way, San Bernardino, CA, spoke in of park maintenance services. Chris Gonzales, SBPEA, voiced opposition to the services. 433 Sierra Way, San Bernardino, CA, privatization of park maintenance Shauna Clark, City Administrator, answered questions regarding the pilot program, and stated that if unsuccessful, it would be terminated. A discussion was held regarding the potential positive and 13 9/7/93 negative aspects of the privatization of City services. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Purchasing Agent be authorized to advertise for bids for landscape maintenance services for the five locations noted in the staff report dated August 23, 1993; and that the City Administrator be authorized to transfer funding in the amount equal to the recommended low bid for landscape maintenance services from Park Maintenance Regular Salaries (001-382-52020), to Landscape Maintenance Services (001-382-53110). REFUND OVERPAYMENT - PARK DEVELOPMENT FEES - $3,387.32 - TRACT NO. 10352-2 - NORTHPARK SAN BERNARDINO, LTD. (9) In a memorandum dated August 24, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Griffith Homes paid Park Development Fees for residential development on Tract No. 10352-2, which were subsequently transferred to the new developers of the project, Northpark San Bernardino, Ltd. Under Northpark San Bernardino, Ltd., the size of the homes was reduced, which reduced the valuation, and the fee paid for each residential unit constructed. Northpark San Bernardino, Ltd. has requested a refund of the overpaid fees in the amount of $3,387.32. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the refund of Park Development Fees in the amount of $3,387.32 to Northpark San Bernardino, Ltd., due to overpayment of fees paid for residential development on lots six to twenty-five on Tract No. 10352-2, be approved. SEWER WAIVER REQUEST NO. 93-2 - CONVERT SINGLE FAMILY HOME TO OFFICE USE - SOUTH SIDE OF HIGHLAND AVENUE- 700' WEST OF MACY STREET (15) In a memorandum dated August 20, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Danny Alcarez requesting a waiver of the standard requirement to connect to the city's sewer system. Mr. Alcarez has applied for Conditional Use Permit No. 93- 12 to establish an auto towing, storage facility and office on the south side of Highland Avenue, 700 feet west of Macy Street. The proposed office was formerly a single family house with a septic tank for sewage disposal which appears to be functioning properly. The nearest available sewer main is in Highland Avenue, approximately 420 feet east of this site; however, it would be prohibitively expensive and require acquisitions of right-of-way from adjacent property owners. Mr. Alcarez' request 14 9/7/93 qualifies for a waiver of the requirement to connect to the sewer system pursuant to Ordinance No. MC-663. council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that Sewer waiver Request No. 93-2, for conversion of a single family residence to office use on existing lots of record located on the south side of Highland Avenue, 700 feet west of Macy street (APN 269-021-0405), requesting a waiver of the requirement to connect to the city's sewer system, be approved. INSTALL MASTER PLAN STORM DRAIN - ATLANTIC AVENUE TO HIGHLAND AVENUE ADVERTISE FOR BIDS SMALL CANYON FROM - APPROVE PLANS & (16) In a memorandum dated August 25, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of the Small canyon Master Plan Storm Drain have been prepared and the project is ready to be advertised for bids. The project consists of installing a fifty-four inch storm drain from Atlantic Avenue to Highland Avenue. The total estimated project cost is $300,000. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for installation of the Small Canyon Master Plan Storm Drain, from Atlantic Avenue to Highland Avenue, in accordance with Plan No. 8990, be approved; and that the Director of Public Works/City Engineer be directed to advertise for bids. INSTALL SEWER MAIN - ORANGE SHOW ROAD FROM WATERMAN AVENUE TO EAST TWIN CREEK CHANNEL - APPROVE PLANS & ADVERTISE FOR BIDS (18) In a memorandum dated August 25, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of an intercepting sewer in Orange Show Road, from Waterman Avenue to the Santa Ana River, have been prepared and the project is ready to be advertised for bids. The project consists of installing a twelve-inch sewer main to serve the area. The total estimated project cost is $282,000. Council Member Oberhelman made a motion, seconded by Council Member curlin, and unanimously carried, that the plans for installation of an intercepting sewer in Orange Show Road, from Waterman Avenue to the Santa Ana River, in accordance with Plan No. 8988, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. 15 9/7/93 RETROFIT CITY HALL LIGHTING - APPROVE PLANS & ADVERTISE FOR BIDS (19) In a memorandum dated August 23, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for retrofitting the lighting in City Hall have been prepared and the project is ready to be advertised for bids. The project consists of replacing the ballasts and tubes in the fluorescent lighting fixtures to achieve a savings in electrical energy. It is estimated that the cost incurred for this retrofitting would be recovered within thirty-six months. Motion and infrared sensors would be provided to turn the lights on and off. The total estimated project cost is $151,000. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the plans for retrofitting the lighting in city Hall, in accordance with Plan No. 8987, be approved; and that the Director of Public Works/City Engineer be directed to advertise for bids. RES. 93-329 - 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. (22) Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that abandoned vehicle assessments are unconstitutional. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-329 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RES. 93-330 - 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) (26) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to the City performing weed abatements. Concern was expressed regarding properties owned by absentee owners which frequently are not maintained and require the City to perform nuisance and weed abatement. CA, Helen Kopczynski, 8150 Cable Canyon Road, expressed opposition to weed abatements San Bernardino, because of the 16 9/7/93 possible destruction of natural habitats. council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-330 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. * Fifth Ward Office Vacant RES. 93-331 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A COMMERCIAL GREENWASTE RECYCLING PILOT PROGRAM. (27) Kevin Barnes, Refuse Superintendent, Public Services, answered questions regarding the recycling program. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-331 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RES. 93-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS .;" AND PROVIDING THAT LA PRAIX STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH BUCKEYE STREET. (29) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-332 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RES. 93-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE MODIFIED DETERMINATION OF FAIR MARKET VALUE OF THE LAND LOCATED ON THE NORTHWEST CORNER OF 40TH STREET AND ACRE LANE, IN THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING THE WORK OF THE APPRAISER AND AUTHORIZING PAYMENT IN THE AMOUNT OF TWENTY-THREE THOUSAND TWO HUNDRED NINETY-EIGHT DOLLARS ($23,298) FOR THE PURCHASE OF SAID LAND. (30) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. 17 9/7/93 Resolution No. 93-333 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO NIXON-EGLI EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH, STREET SWEEPERS, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93- 22. (34) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. (Note: There was no vote taken at this time.) Manuel Moreno, Jr., Director of Public Services, answered questions regarding the street sweepers, the cost of maintaining a spare-parts inventory, and the bid process. Discussion ensued regarding the bid process, the positive and negative operational aspects of each type of street sweeper, the financial savings of having all sweepers using the same spare-parts inventory, and how the training and repair costs can be reduced when all operators and mechanics become familiar with the same type of equipment. Mr. Moreno stated some street sweepers require the driver to back up to a dumpster to unload which increases driver safety problems in one-man sweepers, and that having all operators and mechanics trained on the same equipment reduces training costs and equipment down time because it makes training more consistent for all staff. Ray Stebanski, Vice President and Sales Manager, Harding Pacific Corporation, 13651 Alondra Blvd., Santa Fe Springs, CA, expressed concern about the manner in which the bidding was conducted, and that the low bidder had not been selected. He explained that the State of California uses Harding Pacific corporation street sweepers, and urged denial of the matter. Jim Howell, Assistant Director of Public Services, answered questions regarding the street-sweeper program, the bid process, and why a demonstration of the Harding Pacific Corporation street sweeper had not been completed. A discussion was held regarding the cost for maintaining a spare-parts inventory, and training of operators and mechanics. Council Member Miller made a substitute motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be referred to the Ways and Means Committee. 18 9/7/93 RES. 93-334 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265, PAGE 120, OFFICIAL RECORDS. (36) Bernard Kersey, General Manager of the Water Department, answered questions regarding the easement. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-334 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward office Vacant ORD. MC-883 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.58.010, SUBSECTION A, OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE TIMES OF REGULAR MEETINGS OF THE MAYOR AND COMMON COUNCIL. Final (37) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-883 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. Office Vacant adopted by the following vote: curlin, Hernandez, Oberhelman, Absent: None. * Fifth Ward AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS OPERATOR'S PERMITS. (Discussed later in the meeting) (See page 32) Final (38) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be continued to later in the meeting. RECESS MEETING At 11:12 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:20 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 19 9/7/93 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant PUBLIC HEARING IMPOSING LIENS ON UNCOLLECTED BUSINESS REGISTRATION FEES PROPERTY- (39) This is the time and place set for a public hearing to impose 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 August 12, 1993, Rachel Clark, City Clerk, requested authorization to impose liens on parcels of real property for uncollected business registration fees. Mayor Minor opened the hearing. city Clerk Rachel Clark stated that Exhibit "A" of said resolution should be amended to delete the following addresses: 144 East Third Street, 1236-42 Belle, 1138 Belvan Avenue, 444 North Cabrera Avenue, 1465 Yardley, 1520 West Baseline, 4668 Electric Avenue, 4721 North Sierra Way, 1060 Bobbett, 2275 Ramona Avenue, and 1116 East 26th Street. Jeff Wright, P.O. Box 2341, San Bernardino, CA, opposition to the City imposing liens for unpaid registration fees. spoke in business RES. 93-335 - 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. (39) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the hearing be closed; and that said resolution be adopted as amended to delete the following addresses from Exhibit "A": 144 East Third Street, 1236-42 Belle, 1138 Belvan Avenue, 444 North Cabrera Avenue, 1465 Yardley, 1520 West Baseline, 4668 Electric Avenue, 4721 North Sierra Way, 1060 Bobbett, 2275 Ramona Avenue, and 1116 East 26th Street. The motion carried, and Resolution No. 93-335 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant 20 9/7/93 JOINT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AND THE SAN BERNARDINO DOWNTOWN BUSINESS ASSOCIATION, INC., PLACING THE HIGHEST PRIORITY ON REVITALIZING DOWNTOWN SAN BERNARDINO BY IMPLEMENTING THE SAN BERNARDINO DOWNTOWN PLAN TO ENHANCE DOWNTOWN AS THE FUNCTIONAL AND SYMBOLIC CENTER OF THE CITY OF SAN BERNARDINO. (Discussed later in the meeting) (See page 23) (51) Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be continued to later in the meeting. (Note: There was no vote taken at this time.) FISCAL YEAR 1993/94 BUDGET REVIEW AUGUST 2, 1993 CONTINUED FROM (44) This is the time and place continued to for a review of the Fiscal Year 1993/94 budget. City Administrator Clark explained that at the July 12, 1993 meeting the deficit was $1,124,000. Since then, Charter Section 186 safety personnel salary costs have proven to be $800,000 less than anticipated, and stated that the appropriate documents would be prepared for adoption at the next meeting. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the outside counsel/litigation accounts in the City Attorney's Office be adjusted from $368,715 to $515,000 with a review at mid-year for the necessary adjustments; that any remaining savings along with any additional carry-overs be retained in an unappropriated reserve; and that the City Administrator be instructed to return at the September 20, 1993 meeting with a resolution and appropriate documentation for adoption of the FY 1993/94 budget, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. FUNDING REQUEST & WAIVE FEES 7TH ANNUAL MEXICAN INDEPENDENCE DAY "CASTILLO" CELEBRATION - SEPTEMBER 15, 1993 CASA RAMONA, INC. DISCUSSED LATER IN THE MEETING - SEE PAGE 24 (47) In a memorandum dated August 27, 1993, Council Member Miller requested that the Mayor and Council approve funding in the amount of $18,700; and that fees for City services associated with the Casa Ramona "castillo" be waived. It was the consensus of the Council that this matter be continued to later in the meeting. 21 9/7/93 PUBLIC HEARING - SEWER SERVICE CHARGE INCREASE (40) This is the time and place set for a public hearing to consider a sewer-rate increase for service within and outside of the City of San Bernardino. In a memorandum dated August 26, 1993, Bernard Kersey, General Manager of the Water Department, stated that the Board of water Commissioners has conducted a review of the 1993/94 Sewer Fund Budget and the proposed increase to the sewer-service charge, and has requested that the Mayor and Council conduct a public hearing regarding the proposed sewer-service charge increase. To comply with discharge standards established by the Regional Water Quality Control Board (RWQCB), and to ensure reliable operations, several capital improvement projects are required. The additional facilities required to meet new discharge requirements will increase operating and maintenance costs. It is proposed that the monthly sewer rate be increased from $13.60 per month per single family residence to $14.90 per month, which represents a 9.56% increase over the current rate. The proposed rates for commercial, industrial, institutional, and multi-family users are based on water usage and benefit. The sewer service charge was last increased on September 1, 1991. Mayor Minor opened the hearing. The following individuals spoke in opposition to the proposed sewer-service increase: Willard Kenley, 2806 Pacific Street, Highland, CA. Jeff Wright, P.O. Box 2341, San Bernardino, CA. Bernard Kersey, General Manager of the Water Department, answered questions regarding the proposed sewer-service increase. Concern was expressed regarding the potentially negative financial impact which the fee increase could have on residents, and what options are available rather than a fee increase. Discussion ensued regarding the cost to necessary to comply with federal and state standards. build water facilities treatment James Lynas, 1160 East Sonora, San Bernardino, CA, recommended that the city place a measure on the next ballot to make the Mayor and Council responsible for the Water Department instead of the Board of Water Commissioners. Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested 22 9/7/93 that a loan be made from the sewer fund to eliminate the need for a sewer-charge increase. Discussion ensued regarding the impact that federal and state mandates have on the operation of the Water Department. Helen Kopczynski, CA, expressed concern treatment facilities. 8150 Cable Canyon Road, San Bernardino, about the cost of constructing new water Mr. Kersey answered questions regarding the constructing new water treatment facilities necessary with mandated water treatment standards. cost of to comply RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM LOCATED INSIDE THE INCORPORATED TERRITORY OF THE CITY; PROVIDING THAT USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE AGREEMENTS FOR USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY SUBJECT TO CERTAIN TERMS AND CONDITIONS; AND REPEALING RESOLUTION NO. 91-361. (40) It was the consensus of the Mayor and Council that an Ad Hoc committee comprised of Council Members Hernandez, Oberhelman, and Miller be established to study the costs of various water treatment methods. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the public hearing remain open; and that the proposed sewer-service charge increase be continued to October 4, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RES. 93-336 - JOINT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AND THE SAN BERNARDINO DOWNTOWN BUSINESS ASSOCIATION, INC., PLACING THE HIGHEST PRIORITY ON REVITALIZING DOWNTOWN SAN BERNARDINO BY IMPLEMENTING THE SAN BERNARDINO DOWNTOWN PLAN TO ENHANCE DOWNTOWN AS THE FUNCTIONAL AND SYMBOLIC CENTER OF THE CITY OF SAN BERNARDINO. (Discussed earlier in the meeting) (See page 21) (51) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 23 9/7/93 Resolution No. 93-336 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant FUNDING REQUEST & WAIVE FEES 7TH ANNUAL MEXICAN INDEPENDENCE DAY "CASTILLO" CELEBRATION - SEPTEMBER 15, 1993 - CASA RAMONA, INC. - $18,700 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 21 (47) This is the time and place continued to for a request for funding and the waiver of fees in association with the Casa Ramona 7th Annual Mexican Independence Day "Castillo" celebration. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that all the Arts, and Civic and Promotion funding be approved to the 1992/93 Fiscal Year levels with the exception of $7,500 to the Bicycle Criterium, $7,500 to the Scott Social Center Video, and $5,500 to the Hispanic Chamber of Commerce which is postponed until further discussion on the funding is conducted. (Note: No vote was taken at this time.) Concern was expressed in the meeting so that the and civic and promotion reviewed. that the matter be continued to later new information relating to fine arts funding presented by staff can be support was expressed for the arts and cultural events in the community. City Administrator Shauna Clark expressed concern regarding funding the Hispanic Chamber of Commerce; and explained that for Fiscal Year 1993/94 the Mayor and Council have allocated funds for arts and civic and promotional events. After the $15,000 in Council Member Miller's motion is deducted, $11,000 more is needed above the FY 1993/94 allocation. Mayor Minor recommended that the matter be continued to later in the meeting. Council Member Miller made a substitute motion, that the request for funding of the Casa Ramona "Castillo" in the amount of $12,950 at the FY 1992/93 level, be approved. The motion failed for lack of a second. Council Member Hernandez made a substitute motion, seconded by Council Member Oberhelman, that the meeting be recessed to 2:00 p.m. 24 9/7/93 The motion to recess to 2:00 p.m. failed by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman. Nays: Council Members Negrete, Pope-Ludlam, Miller. Absent: None. * Fifth Ward Office Vacant Council Member Miller made a substitute motion, seconded by Council Member Negrete, that the request for funding of the Casa Ramona "castillo" in the amount of $12,950 at the FY 1992/93 level, be approved. (Note: There was no vote taken at this time.) Concern was expressed that during these difficult economic times it may not be prudent to spend $12,950 in support of a cultural celebration. Support was expressed for cultural celebrations during difficult economic times as a means to bring the community together. Esther Estrada, Casa Ramona, 1524 West 7th Street, San Bernardino, CA, expressed support for arts and cultural celebrations in the community, and explained what the castillo means to Hispanics in the community. Ms. Estrada explained that Cas a Ramona pays the transportation, housing and meal expenses for some entertainers participating in the castillo celebration. Council Member Negrete made a substitute motion, seconded by Council Member Miller, that the request for funding of the Casa Ramona "castillo" in the amount of $12,950 at the FY 1992/93 level, be approved. The motion to approve funding in the amount of $12,950, carried by the following vote: Ayes: Council Members Negrete, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Curlin, Oberhelman. Absent: None. * Fifth Ward Office Vacant Council Member Negrete made a motion, seconded by Council Member Miller, that $5,000 be used for fireworks, and the balance for other expenses. (Note: There was no vote taken at this time.) Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that fees for City services associated with the "Castillo" be waived. RECESS MEETING At 12:40 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: 04 p. m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. 25 9/7/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; senior Assistant City Attorney Morillo, city Clerk Rachel Clark. Absent: Council Member Curlin; city Administrator Shauna Clark. * Fifth Ward Office Vacant DEVELOPMENT CODE AMENDMENT SIGNAGE MULTI-TENANT CENTER (52) In a memorandum dated August 16, 1993, Al Boughey, Director of Planning and Building Services, stated that the Development Code differentiates between large, 25+ acres, and small, less than 25 acres, center identification signage for multi-tenant centers; however, does not differentiate between business identification signage for large and small tenant spaces within the center itself. staff has processed several variance requests for larger business identification signage. While the applicants have made credible arguments for larger signage, staff is unable to make findings to support the requests. staff feels it would be prudent to reevaluate the existing regulations and determine if they adequately address the needs of the city and the business community. It would cost approximately $1,000 to complete an amendment; however, this cost does not include review by any other departments. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Planning staff be directed to prepare a Development Code Amendment to identify options for business identification signage in multi-tenant centers. CITY ATTORNEY PENMAN RETURNED At 2:09 p.m., City Attorney Penman returned to the Council meeting. PUBLIC HEARING VIDEO USERS TAX EXPAND CATV USERS TAX TO INCLUDE (41) This is the time and place set for a public hearing to consider amending the Service Users Tax to impose the 8.5% service users tax (utility tax) to users of wireless-television service in the city. In a memorandum dated August 25, 1993, Fred Wilson, Assistant City Administrator, stated that wireless television, an alternative to traditional cable television service, is a line-of-sight microwave signal transmitted from the provider to small microwave dishes placed on the roofs of homes or 26 9/7 /93 businesses. The frequencies are converted from microwaves to channel selections on standard television sets. The monthly cost for this service is $26.95 for approximately twenty channels provided by Cross Country Wireless Cable. Wireless-television service and traditional cable television provide the same service and are distinguished only by different technologies. The proposed ordinance includes wireless service under the definition of video provider, one who provides one or more channels of video programming via multipoint distribution services (wireless), or any other technologies. It is estimated that imposing the tax on users of this service would generate an additional $85,000 per fiscal year in revenue. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed opposition to the proposed video-users tax. COUNCIL MEMBER CURLIN RETURNED At 2:12 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Gary Tapia, Cross Country Rivercrest Drive, Riverside, CA, proposed video users-tax. Wireless Cable, 6177 "B" voiced opposition to the city Administrator Shauna Clark answered questions regarding the proposed video users-tax. Jim Lynas, 1160 East Sonora, San Bernardino, CA, voiced opposition to the proposed video-users tax. city Attorney Penman explained the ordinance is proposed solely to generate additional revenue for the City. Paul Pachinsky, vice President and General Manager, Cross country Wireless Cable, 6177 "B" Rivercrest Drive, Riverside, CA, expressed opposition to the proposed video-users tax. Discussion ensued regarding enforcement of the proposed ordinance. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, stated opposition to the proposed video-users tax. Jeff Wright, P.O. that "other providers technology" be changed to Box 2341, San Bernardino, CA, requested of video programming whatever their "wireless cable". City Attorney Penman explained that video programming is not the same as renting video tapes. 27 9/7/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.44.040 OF THE SAN BERNARDINO MUNICIPAL CODE EXPANDING THE CATV USERS TAX TO A VIDEO USERS TAX. First (41) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the pUblic hearing be closed; and that said ordinance be laid over for final adoption. GENERAL UNIT EMPLOYEES' - IMPASSE HEARING (42) In a memorandum dated August 24, 1993, Barbara Dillon, Director of Personnel, stated that on July 1, 1992, the contract with the General Unit Employees expired. The previous contract was for the period beginning July 1, 1989 and ending June 30, 1992. Under that contract, the General unit Employees received compensation and benefits including City-paid medical insurance; shift differential pay for swing and graveyard shift; and bilingual pay for up to twelve General unit Employees City-wide. The General unit Employees last received a 5% across-the-board salary increase effective July 1, 1991, for a total of $944,702. salary increases for the period July 1, 1989 through June 30, 1992, totalled $2.6 million. On August 4, 1993, after twenty-six negotiating sessions, the city Team declared impasse. An impasse meeting was held and option B of the impasse procedures from Resolution No. 10584 was selected requiring a determination by the Mayor and Council after a hearing on the merits of the dispute. Mayor Minor opened the hearing. Barbara Dillon, Director of Personnel, answered questions regarding the city's Last, Best and Final offer. Malcolm Simmons, San Bernardino Public Employees' Association (SBPEA), 433 North Sierra Way, San Bernardino, CA, expressed opposition to the City's Last, Best and Final offer. Jim Hamlin, San Bernardino Public Employees' (SBPEA), 433 North Sierra way, San Bernardino, opposition to the City's Last, Best and Final offer. Association CA, stated CITY ATTORNEY PENMAN EXCUSED At 2:44 p.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant city Attorney Morillo. Dennis Hauser, San Bernardino Public Employees' Association (SBPEA), 433 North Sierra Way, San Bernardino, CA, expressed opposition to the City's Last, Best and Final offer. 28 9/7/93 council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the city's Last, Best and Final offer to the General employees be imposed with the exception of the Public Employees Retirement System (PERS) take-away, and that the City's bargaining team be instructed to meet and confer with the General employees for the implementation of alternate work schedules including 9/80 and 4/10 plans. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. (Continued from August 2, and August 16, 1993) Final (43) Ernest Wilson, Affirmative Action Officer, Mayor's Office, requested that two items that had been deleted from the proposed Human Relations Commission ordinance be reinstated: the authorization to take testimony under oath, and that there be flexibility built in to allow appointment by either ward residency or city-wide residency. CITY ATTORNEY PENMAN RETURNED At 3:01 p.m., City Attorney Penman returned to the Council meeting. Discussion ensued regarding the possible positive and negative aspects of appointing representatives by ward instead of city-wide; and whether the testimony given before the commission should be given under oath. Jim Lynas, 1160 East Sonora, San Bernardino, CA, spoke in opposition to the Human Relations Commission ordinance containing provisions that testimony be given under oath. city Attorney Penman expressed support for omitting the provision requiring that testimony be given under oath. Discussion continued regarding the possible positive and negative aspects of whether testimony should be given under oath. Council Member Oberhelman made a motion that said ordinance be adopted in its present form. The motion failed for lack of a second. Discussion continued relative to the possible positive and negative aspects of appointing representatives by ward or city- wide. Mayor Minor recommended that the Human Relations Commission ordinance be referred to the Legislative Review Committee so that the concerns regarding the method of appointment and whether 29 9/7/93 testimony should be given under oath can be resolved. Discussion continued relative to the possible positive and negative aspects of appointing representatives by ward or city- wide; and whether the testimony should be given under oath. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the ordinance for the Human Relations commission containing provisions for testimony to be given under oath, and support for appointments to be made based on ward residency. council Member Pope-Ludlam made Council Member Miller, and unanimously and Council refer the matter to Committee; and direct staff to include regarding ward residency and oath. a motion, seconded by carried, that the Mayor the Legislative Review and address the concerns RES. 93-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 93-205 ENTITLED IN PART TO READ "RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND SOUTHEASTERLY OF DEVORE ROAD" BY AMENDING EXHIBIT "A" AND EXHIBIT "C". (Continued from August 16, 1993) (45) Terry Ferguson, 1992 Kendall Drive, San Bernardino, CA, stated opposition to being annexed into the City. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, explained that many Fifth Ward homeowners are concerned about the impact that annexations have on the community. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the annexation. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-337 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. * Fifth Ward Office Vacant RES. 93-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2758, FOR THE AREA GENERALLY LOCATED SOUTHEASTERLY OF DEVORE ROAD, SOUTHWESTERLY OF CAJON BOULEVARD. (46) 30 9/7/93 council Member Oberhelman made a motion, seconded by council Member Miller, that said resolution be adopted. Resolution No. 93-338 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant CITY ATTORNEY PENMAN EXCUSED At 3:39 p.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Morillo. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ORANGE SHOW LANE BETWEEN THREE- HUNDRED FEET EAST OF "E" STREET AND ARROWHEAD AVENUE. (Discussed earlier in the meeting) (See page 7) (28) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF...;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ORANGE SHOW LANE BETWEEN ARROWHEAD AVENUE AND THREE-HUNDRED AND SIXTY-FIVE FEET WEST OF ARROWHEAD AVENUE, APPLICABLE TO THE NORTH SIDE ONLY. (AI ternate Resolution) (28) Roger Hardgrave, Director answered questions regarding limitations, and explained the resolution. of Public Works/city Engineer, the proposed two-hour parking change presented in the alternate Rachel Clark, City Clerk, stated that a petition has been received containing eleven signatures of business owners requesting that the two-hour parking restriction be imposed only on the north side of orange Show Lane for three hundred sixty- five feet (365') west of Arrowhead Avenue as measured from the centerline of Arrowhead Avenue. Concern was expressed regarding the positive and negative impact that the proposed parking restrictions could have on the National Orange Show and other businesses located in the area. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be continued to september 20, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 31 9/7/93 PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING- SEE PAGE 6 (21) This is the time and place continued to for consideration of the personnel actions. council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated August 19, 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. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DARREL BARBARICK/D&J DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed earlier & later in the meeting) (See page 7) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H&H ENTERPRISES, RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed earlier & later in the meeting) (See page 7) (33) It was the consensus of the Council that said resolutions be continued to later in the meeting. ORD. MC-884 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS OPERATOR I S PERMITS. (D i s c u sse d ear lie r in the meeting) (See page 19) Final (38) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-884 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. Office Vacant adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: None. * Fifth Ward WAIVE FEES $465 BLEACHER RENTAL CHRISTIAN ASSOCIATION (YMCA) YOUNG MEN I S (48) In a memorandum dated August 25, 1993, Annie Ramos, Director of Parks, Recreation and Community services, stated that the Young Men's Christian Association (YMCA) is sponsoring a fund raiser, and has requested that the $465 bleacher rental fee be waived. This request meets the qualifications for waiver of fees 32 9/7/93 pursuant to Resolution No. 91-35. council Member Oberhelman stated that he would abstain from voting because he is a YMCA Board Member. Gary Kirby, 1505 Yardley, San Bernardino, CA, stated opposition to waiving the $465 rental fee. council Member Hernandez made a motion, seconded by council Member Pope-Ludlam, that the request to waive fees for rental of bleachers by the Young Mens Christian Association (YMCA) in the amount of $465, be approved. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: None. Abstain: council Member Oberhelman. * Fifth Ward Office Vacant REQUEST DENIAL DESERT LIAO REHEARING - MAYOR & COUNCIL DECISION UPHOLDING OF OPERATOR'S PERMIT BY POLICE COMMISSION- INN MOTEL - 607 WEST 5TH STREET - JACK & LINDA (49) In a memorandum dated August 10, 1993, Shauna Clark, City Administrator, stated that on November 30, 1992, the Police Commission heard an appeal on the denial of the issuance of a business permit to Jack and Linda Liao for operation of the Desert Inn Motel located at 607 West 5th Street, by the Chief of Police. The Police commission denied the appeal. On June 21, 1993, the Mayor and Council heard an appeal of the Police commission decision to uphold the Chief of Police's denial of the operating permit. Information presented at that time indicated that Mr. and Mrs. Liao have been convicted of a crime of moral turpitude; had arrests or police investigations concerning crimes; and that during the application process Mr. Liao denied the arrests and conviction. The Mayor and Council denied the appeal. A letter has been received requesting that the Mayor and Council reconsider denial of the appeal because Mrs. Liao was unable to attend the hearing. Should the Mayor and Council approve the reconsideration request, it is recommended that a stipulation be made that only testimony not previously submitted be considered and that September 20, 1993 be set as the hearing date. Shauna regarding the the appeal. Clark, city Administrator, answered questions request for the reconsideration of the denial of 33 9/7/93 senior Assistant City Attorney Morillo answered questions regarding the request for a reconsideration of the appeal. A discussion was held regarding the possible positive and negative aspects of granting a reconsideration of the appeal, and what the nature of testimony would be should the reconsideration request be granted. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the request for a re-hearing of the Mayor and Council's decision to uphold the decision of the Police Chief and Police commission to deny an operating permit to the Desert Inn Motel, be denied. (Note: The vote was taken after discussion. ) Discussion continued relative to the possible positive and negative aspects of granting a reconsideration of the appeal, and what the nature of testimony would be should the reconsideration request be granted. senior Assistant city Attorney Morillo stated that Mrs. Liao did not testify before the Police Commission. The motion failed by the following vote: Ayes: Council Members Negrete, Oberhelman, Miller. Nays: Council Members Curlin, Hernandez, Pope-Ludlam. Absent: None. * Fifth Ward Office Vacant Mayor Minor recommended that Mrs. Liao submit written testimony for review by the Mayor and Council, so that a decision on whether to grant a rehearing of the appeal could be made. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to September 20, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California; and that the applicant provide information relative to what Mrs Liao' s testimony would be. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. PROPOSED SETTLEMENT - WIDEN SOUTH "E" STREET BRIDGE- SOUTHLAND SURVEYING, INC. ( 50) In a memorandum dated August 25, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the contract for widening the South "E" Street Bridge stipulated that the City would provide the survey control, and that the Contractor would be responsible for the construction staking. The General contractor, Brutoco Engineering and Construction, entered into a sub-contract with Southland Surveying, Inc. for the project 34 9/7/93 surveying. During the initial stage of the project errors were discovered by Southland Surveying, Inc., which necessitated some re-staking work. A claim for $11,808.40 was submitted by Southland for the extra work. The claim was reviewed and $3,603.40 was paid, which left a balance of $8,205. When the project was closed out, staff believed that the payment of $3,603.40 was adequate compensation to Southland Surveying, Inc., for the extra work incurred, and no additional amount was included in the final contract payment. Southland Surveying, Inc., has submitted a proposal, dated July 15, 1993, to accept payment of $5,000 as settlement of the balance of the claim. CITY ATTORNEY PENMAN EXCUSED At 4:02 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Morillo. Scott Fitch, president, Southland Sorrento Valley Road, San Diego, CA, which caused the additional work were information provided by the city. Surveying, Inc., 11722 stated that the errors the result of incorrect Roger Hardgrave, Director of Public Works/city Engineer, answered questions regarding the problems encountered with the project. Mayor Minor recommended that the City Attorney review the matter, and that the matter return for a final determination at a later meeting. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to September 20, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California; and that the City Attorney investigate the matter. RES. 93-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DARREL BARBARICK/D&J DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed earlier in the meeting) (See pages 7 & 32) (32) RES. 93-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H&H ENTERPRISES, RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. (Discussed earlier in the meeting) (See pages 7 & 32) (33) 35 9/7/93 Council Member Oberhelman made a motion, seconded by council Member Negrete, that said resolutions be adopted. Resolution Nos. 93-339 and 93-340 were adopted following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Absent: None. * Fifth Ward Office Vacant by the curlin, None. SET IMPASSE HEARING - MID-MANAGEMENT EMPLOYEES' (S-l) In a memorandum dated September 2, 1993, Barbara Dillon, Director of Personnel, stated that on December 31, 1992, the contract with the Mid-Management employees expired. The previous contract was for one (1) year, from January 1, 1992 to December 31, 1992. The City Team has held ten (10) negotiating sessions with the Mid-Management employees, and on August 12, 1993, the city Team declared impasse. An impasse meeting was held and option B of the impasse procedures from Resolution No. 10584 was selected requiring a determination by the Mayor and Council after a hearing on the merits of the dispute. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that an impasse hearing on the contract with the Mid-Management employees be scheduled at 10:00 a.m., on September 20, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. REPLICATE CITY SEAL REQUEST "POGS" RENDEZVOUS - DAN PROPP, HOT SPOTS, INC. ROUTE 66 (8-2) In a letter dated August 26, 1993, Dan Propp, Hot spots, Inc., 1631 "B" Highland Avenue, San Bernardino, CA, requested permission to replicate the City of San Bernardino Seal on a "pog" (milk bottle cap), to commemorate the Route 66 Rendezvous to be held in the city on September 17, 18, and 19, 1993. Mr. Propp, Hot spots, Inc., 1631 liB" Highland Avenue, San Bernardino, CA, answered questions regarding the request to use the City seal on a commemorative pog for the Route 66 Rendezvous. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the request to replicate the City seal in the manufacture of "Pogs" in connection with the Route 66 Rendezvous, be approved. (Note: There was no vote taken at this time. ) city Administrator Clark recommended approval of the request contingent upon any unsold pogs not being resold at other events. 36 9/7/93 Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced opposition to the request to replicate the city seal for "pogs". Council Member Hernandez made a substitute motion, seconded by Council Member Miller, that the request to replicate the City seal in connection with the Route 66 Rendezvous, be denied. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Miller. Nays: Council Members Oberhelman, Pope-Ludlam. Absent: None. * Fifth Ward Office Vacant CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. REQUEST FOR RESEARCH & ANALYSIS OFFICE CITY ATTORNEY'S (S-3) In a memorandum dated August 31, 1993, Dennis Barlow, Senior Assistant city Attorney, stated that a Council Member has requested a comprehensive report on the confidentiality of certain information. The analysis could be done; however, it is prudent that the entire Council be informed of the request because it would necessitate delaying other projects. Consequently, direction is being sought. Council Member Miller made a motion, seconded by Council Member Pope-LUdlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - WAIVE FEES - $961 LA PLACITA PARK SEVENTH & MT. VERNON- SEPTEMBER 17-19, 1993 - MEXICAN INDEPENDENCE DAY FIESTA (S-4) In a letter dated September 1, 1993, John Olivas, President, Inland Empire Hispanic Chamber of Commerce, P.O. Box 7300, San Bernardino, CA, requested the waiver of City fees associated with the September 16th celebration. Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced opposition to the waiver of fees. CITY ATTORNEY PENMAN EXCUSED At 4:34 p.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Morillo. city Administrator Clark expressed concern relative to funding the festival due to security problems with the event last year, and because there has not been a full accounting of the May 1993 Miss Hispanic Chamber of Commerce event which the city funded in the amount of $3,500. 37 9/7/93 Alfredo Enciso, Inland Empire Hispanic Chamber of Commerce, Chairman, September Fiesta, P.O. Box 7300, San Bernardino, CA, answered questions regarding the security problems encountered wi th the festival last year, and stated that steps have been taken to prevent a reoccurrence this year of similar problems. He explained the problems that the Chamber has been experiencing with the past Treasurer and stated that there would be a full accounting of the May 1993 Miss Hispanic pageant in the near future. He explained the entertainment events that have been planned. Concern was expressed that three events have been scheduled for the same weekend and whether that would place an undue burden on police services; and the security problems encountered at last year's festival. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. Ms. Clark recommended that a stipulation be imposed that any extraordinary police services be deducted from the damage bond posted for the festival. Council Member voting because he Commerce. Curlin stated is a member that he would abstain from of the Hispanic Chamber of City Attorney Penman stated that concern has been expressed that La Placita Park is too small to accommodate this event. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that the request for a waiver of fees l.n the amount of $961, be approved; and that any extraordinary police expenses be deducted from the damage bond deposited by the Hispanic Chamber of Commerce. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, Pope-Ludlam, Miller. Nays: Member Oberhelman. Abstain: Council Member Curlin. Ward Office Vacant Council Council * Fifth RECESS MEETING - CLOSED SESSION (1) At 4:54 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 1i tigation; 38 9/7/93 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 to 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 city license and the applicant's attorney pursuant to Government Code section 54956.7; 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 vs. James F. Penman. et al - united states District Court Case No. 91-5757; wirth vs. Adams/Citv of San Bernardino - San Bernardino Superior Court Case No. 251346; Ibrahim vs. citv of San Bernardino - San Bernardino superior Court Case No. SCV 02148; Petre vs. city of San Bernardino - San Bernardino Superior Court Case No. SCV 261575; 39 9/7/93 Cook vs. Carousel Mall - Los Angeles Superior Court Case No. BC 084833; Wheeler vs. Little Leaque Baseball. et al - San Bernardino Superior Court Case no. 264422. CLOSED SESSION At 4:54 p.m., Mayor 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. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. * Fifth Ward Office Vacant Also present: Attorney's Office. Deputy City Attorney Simmons, city DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 5:11 p.m., Deputy city Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 5: 20 p. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5:21 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: city Administrator Shauna Clark. * Fifth Ward Office Vacant COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 5:21 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 40 9/7/93 RES. 93-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH JERSEYS SPORTS GRILL AND BILLIARD CLUB, AT 440 WEST COURT STREET, RELATING TO THE INSTALLATION OF SUPPORT POLES WITHIN THE PUBLIC SIDEWALK. (R-3) RES. 93-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ROY O. HUFFMAN ROOF COMPANY FOR RE-ROOFING YWCA BUILDING AT 567 NORTH SIERRA WAY. (R-4) RES. 93-343 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 MARY'S MERCY CENTER, INC. (R-l0A) RES. 93-344 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 BETHLEHEM HOUSE PROJECTS, INC. (R-l0B) RES. 93-345 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 BETHLEHEM HOUSE PROJECTS, INC. (R-l0C) RES. 93-346 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 MARY'S MERCY CENTER. (R-l0D) RES. 93-347 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 LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA. (R-l0E) RES. 93-348 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 MENTAL HEALTH ASSOCIATION OF SAN BERNARDINO COUNTY. (R-l0F) 41 9/7/93 RES. 93-349 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 SAN BERNARDINO SEXUAL ASSAULT SERVICES, INC. (R-l0G) Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-341, 93-342, 93-343, 93-344, 93-345, 93- 346, 93-347, 93-348, and 93-349 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward Office Vacant CHANGE ORDER NO. SIX KIRKLEY DEVELOPMENT, INC.- DELMANN HEIGHTS COMMUNITY CENTER IMPROVEMENTS (R-7) In a memorandum dated August 13, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that an amount of $90,000 was approved in the 1992/93 Community Development Block Grant Program, to finance the cost for renovation of the rest rooms at Delmann Heights and Mill Community centers, in order to bring them into compliance with current codes and the Americans with Disabilities Act (ADA). Due to space constraints the number of toilet stalls at the Delmann Heights Community Center was reduced from two to one. staff feels that one stall is not sufficient to serve the center, and has requested that the rest rooms be enlarged and the fixtures replaced. Enlarging the rest rooms would allow two stalls to be provided and remain in compliance with ADA. Enlargement and remodeling would entail some architectural redesign at an approximate cost of $3,712. The total estimated cost for expanding and remodeling the rest rooms at the Delmann Heights Center is approximately $56,960. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that Change Order No. six to the contract with Kirkley Development, Inc., for the improvements to Delmann Heights community Center, in accordance with Plan No. 8890, be approved, to authorize the Contractor to remodel the existing rest rooms, at an increase in the contract price of $56,960, from $566,391.75 to $623,351.75. CENTRAL POLICE STATION FINANCING (R-12) In a memorandum dated August 31, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that Mayor Minor has recommended that the Central Police station be financed through issuance of Certificates of 42 9/7/93 Participation (COP's) secured by the City's general fund and general taxing authority. Miller and Schroeder Financial, Inc., have estimated that a construction fund of $9.8 million would be established for construction costs. There would be additional costs for final site acquisition, equipment and other furnishings such as security and surveillance equipment, emergency electrical generator equipment, document handling equipment, furniture, and computers. While these amounts total more than $9.8 million, a new estimated total would be more accurately determined during the next sixty (60) days while construction drawings are completed. The first payment of approximately $597,000 could be delayed until October 1, 1995, subsequent, payments would be approximately $930,000 per year. Discussion ensued regarding the proposed financing for the new Central Police station. Mayor Minor recommended that the matter be approved so that the redevelopment monies projected to be spent on the new Police facility could be reallocated to redevelopment projects. Concern was expressed regarding the City's ability to fund the proposed payments for the Certificates of Participation. Discussion ensued regarding how best to finance the construction and furnishing of the new Police facility. city Attorney Penman stated that it would be a reasonable expense to utilize redevelopment funds to finance the construction and furnishing of the new Police facility. Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, answered questions regarding the financing of the construction and furnishing of the new Police station. Discussion continued relative to how to finance the construction and furnishing of the new Police facility. Tim steinhaus, Agency Administrator, Agency, answered questions regarding the Police station. Economic Development financing of the new Discussion continued regarding how to finance the construction and furnishing of the new Police facility. Tim Sabo, Sabo and Green, special bond counsel to the Economic Development Agency, 6320 Canoga Avenue, suite #400, Woodland Hills, CA, answered questions regarding the proposed Certificate of Participation financing of the new Police 43 9/7/93 facility. CITY ATTORNEY PENMAN EXCUSED At 6:30 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant city Attorney Morillo. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Mayor and Common Council direct staff to prepare the necessary documents and resolutions to provide for certificates of participation financing for the new Central Police Facility in an amount sufficient to provide for construction and furnishing of the facility. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. * Fifth Ward Office Vacant CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. ADMINISTRATIVE ASSISTANT - COUNCIL OFFICE & COMMUNITY DEVELOPMENT COMMISSION (R-19) In a memorandum dated August 30, 1993, Timothy steinhaus, Agency Administrator, Economic Development Agency, stated that in a memorandum dated August 26, 1993, Council Member Hernandez requested that the matter of establishing a position of Administrative Assistant to the Council Office and Community Development Commission be placed on the agenda, and that the position be funded at $3,117 per month at Step One, and $3,789 per month at Step Five; that benefits be equal to one-third of salary as is customary for Economic Development Agency employees; that Mr. Kenneth Johnson be hired effective September 16, 1993, at Step Three; and that Mr. Johnson be assigned to the Council Office under the supervision of the Council's Executive Assistant. Tim steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the proposed position. Discussion ensued regarding the proposed Administrative Assistant position; possible funding sources; and how to increase the Council's responsiveness to constituent concerns. John Cole, 7756 Merito Avenue, San Bernardino, CA, requested that he be hired due to his past experience, and on a promise to re-hire him should funding for the position be found; and requested denial of the motions. A discussion was held regarding the proposed Administrative Assistant position. 44 9/7/93 Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the creation of this new position. Concern was expressed that there is no current position open, and that there is no current funding for the proposed Administrative Assistant position in the council office; and the need for additional employees in other City Departments that more directly serve the public. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to September 20, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California; and that a committee be established to resolve the issue. city Attorney Penman stated that the committee should also review the need for additional employees in other departments. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. * Fifth Ward Office Vacant PLATT BUILDING DEMOLITION & ASBESTOS ABATEMENT & REMOVAL - AWARD CONTRACT - LDL ENGINEERING, INC. (RS-l) In a memorandum dated September 3, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that nine bids have been received for the demolition and asbestos abatement and removal of the Platt Building ranging from $181,000 to $449,260. LDL Engineering, Inc., of San Pedro, California is the low bidder in both categories of demolition - $141,000, and asbestos abatement - $40,000, for a total of $181,000. LDL Engineering, Inc., would be the general contractor for the project, while Controlled Abatement Service would be the subcontractor for asbestos abatement and removal. In a letter dated September 7, 1993, transmitted via facsimile, Steade R. Craigo, AlA, Acting State Historic Preservation Office, State of California, Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA, requested that the Mayor and Council defer taking action on the demolition of the Platt Building until the historic status of the building can be resolved. Council Member Miller made a motion, seconded by Council Member Negrete, that the Mayor and Council authorize and direct the Executive Director to negotiate and execute a contract with the apparent low bidder, LDL Engineering, Inc., for the demolition and asbestos abatement and removal at the Platt 45 9/7/93 Building in the amount of $181,000, plus 15% (fifteen percent) contingency, with a total not to exceed $208,150; and that the Executive Director be authorized and directed to execute all necessary documents related to the demolition and asbestos abatement, and removal of the Platt Building. (Note: There was no vote taken at this time.) The following individuals expressed opposition to the demolition of the Platt Building: Helen Kopczynski, 8150 Cable Canyon Rd., San Bernardino, CA. Jeff wright, P.O. Box 2341, San Bernardino, CA. Mary Jane Wilson, 2796 North "E" street, San Bernardino, CA. Carl D. carter, 12579 Second Street, Yucaipa, CA. James wirth, 1980 Sierra Way, San Bernardino, CA. Tim steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the demolition of the Platt Building. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Council authorize and direct the Executive Director to negotiate and execute a contract with the apparent low bidder, LDL Engineering, Inc., for the demolition and asbestos abatement and removal at the Platt Building in the amount of $181,000, plus 15% (fifteen percent) contingency, with a total not to exceed $208,150; and that the Executive Director be authorized and directed to execute all necessary documents related to the demolition and asbestos abatement, and removal of the Platt Building. ADJOURNMENT At 9:17 p.m., the meeting was adjourned. will be held at 8:00 a.m., Monday, September Council Chambers of city Hall, 300 North Bernardino, California. The 20, "011 (53) next meeting 1993, in the Street, San RACHEL CLARK City Clerk BY;?;c:'~?~<p Melanie Vale Deputy city Clerk ?~r!='G No. of Items: 81 No. of Hours: 11.5 46 9/7/93