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HomeMy WebLinkAbout10-21-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING OCTOBER 21, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. Due to the lack of a quorum at the regular meeting of October 18, 1993, the meeting was postponed to 8: 00 a. m. , Thursday, October 21, 1993, in the Council Chambers of City Hall. The city Clerk has caused to be posted the order of adjournment of said meeting to be held on Monday, October 18, 1993, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 8:00 a.m., Monday, October 18, 1993, on the door of the place at which said meeting was to be held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Thursday, October 21, 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 Curlin, Oberhelman, Devlin, Miller; city Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Negrete, Hernandez, Miller. RECESS MEETING - CLOSED SESSION At 8:02 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); 1 10/21/93 c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of pUblic buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; city license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Tomas Armendariz vs. James F. Penman. et al - united States District Court Case No. 91-5757; Stubblefield Construction Company et al vs. citv of San Bernardino et al - San Bernardino County Superior Court Case No. 242058; Court of Appeal Case No. 4th civil No. E009749 (C/W E010088). CLOSED SESSION At 8:04 a.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. 2 10/21/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam, Miller. Also scroggin, Office. present: Deputy City Administrative operations Attorney Empeno; Margaret Supervisor, City Attorney's COUNCIL MEMBER NEGRETE ARRIVED At 8:06 a.m., Council Member Negrete arrived at the closed session. COUNCIL MEMBER At 8:08 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the CITY ATTORNEY PENMAN EXCUSED At 8:18 a.m., City Attorney Penman left the closed session. 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 8:42 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Rev. Barnabas Laubach, st. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. 3 10/21/93 ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin commended President Clinton for taking action to return democracy to Haiti; and explained that public comments should be made regarding matters under the jurisdiction of the Mayor and council. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2A) Council Member Oberhelman wished Corporal Jess Hernandez of the San Bernardino Police Department a speedy recovery from wounds received in the line of duty; and expressed support for Red Ribbon week activities. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (2B) Council Member Devlin wished Corporal Jess Hernandez of the San Bernardino Police Department a speedy recovery from wounds received in the line of duty; and thanked the commissioners for volunteering their time to the service of the community. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (2C) Council Member Pope-Ludlam expressed sympathy to the families of victims of several recent fatal shootings in the City; and expressed hope that the community could heal itself by combining efforts and prayers. APPOINTMENTS - COUNCIL MEMBERS DEVLIN & POPE-LUDLAM (4) In a memorandum dated October 8, 1993, Mayor Minor requested that the appointment of Michelle Beauregard, 2061 West 17th street, San Bernardino, CA, to the Human Relations Commission, as requested by Council Member Pope-Ludlam, be approved. In memoranda dated October 12, that the following appointments, Devlin, be approved: 1993, Mayor Minor recommended requested by Council Member COUNCIL MEMBER DEVLIN - FIFTH WARD Animal Advisory Commission - Pamela L. Devlin Board of Building Commissioners - V.C. "Joe" Suarez, Jr. Bureau of Franchises - Louis Fernandez Central city Parking Place Commission - William Easley community Development citizens Advisory committee - Richard W. Abraham Community Television commission - Owen Murphy Fine Arts commission - Rita Bee Parks, Recreation and Community Services commission- Anthony "Tony" J. Mino Planning Commission - Donald Thomas strimpel 4 10/21/93 Police commission - Michael E. Massey Senior Affairs Commission - Suzanne M. Johnson OATH OF OFFICE - NEWLY APPOINTED FIFTH & SIXTH WARD COMMISSIONERS City Clerk Rachel Clark administered the Oath of Office to the newly appointed Fifth and Sixth Ward Commissioners. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments requested by Council Members Devlin and Pope-Ludlam, be approved. PRESENTATION NATIVE SONS OF THE GOLDEN WEST- ARROWHEAD PARLOR NO. 110 - CALIFORNIA BEAR FLAG (4A) In a letter dated October 6, 1993, James Smith, Chairman of the Flag Committee, Native Sons of the Golden West, Arrowhead Parlor No. 110, P.O. Box 616, San Bernardino, CA, explained that the Native Sons of the Golden West works to preserve the history of California by presenting the California Bear flag to municipalities. James smith and Phillip Wong, State President, Native Sons of the Golden West presented the California Bear flag to Mayor Minor. - PRESENTATION EMPLOYEE RECOGNITION AWARDS QUARTER OF 1993 SECOND (4B) Ray Salvador, Administrati ve Assistant to the Mayor, read the following names of employees receiving recognition awards for the second quarter of 1993: Larry Martin Joe Lease Dwight Waldo Larry Landon Management/Confidential Employee Category Mid-Management Employee Category Safety Employee Category General Employee category SERVICE PIN AWARD CEREMONY (4C) Ray Salvador, Administrati ve Assistant to the Mayor, read the names of the employees receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the City. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that the unfurling of the California Bear flag be televised. 5 10/21/93 PUBLIC COMMENTS - PAUL CHANEY (3A) Paul Chaney, 1532 Belle Street, San Bernardino, CA, stated that ice-cream trucks licensed as sound vehicles create problems in the community relative to noise pollution and the safety of children; and presented a proposal that would eliminate these hazards to the Council. PUBLIC COMMENTS - JAMES WIRTH (3B) James Wirth, 1980 North Sierra Way, San Bernardino, CA, urged the preservation of the Platt Building as a historical structure. MODIFY TRAFFIC SIGNALS - DEL ROSA AVENUE & - LEFT TURN PHASES APPROVE PLANS & ADVERTISE FOR BIDS DATE PLACE AUTHORIZE (6) In a memorandum dated September 27, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for modification of the traffic signals at Del Rosa Avenue and Date Place have been prepared and the project is ready to be advertised for bids. The project consists of modifying the traffic signals to provide left turn phases for north and southbound traffic on Del Rosa Avenue. The total estimated project cost is $35,000. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for modification of the traffic signals at Del Rosa Avenue and Date Place to provide left turn phases, in accordance with Plan No. 8996, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. SALARY INCREASES - HEADSTART/PRESCHOOL POSITIONS (7) In a memorandum dated October 1, 1993, Barbara Dillon, Director of Personnel, stated that Annie Ramos, Director of Parks, Recreation and Community Services has requested salary increases for the following Headstart/Preschool positions: Teacher/Director, Teacher, Teacher Aide, and Clerk; and recommended that the proposed salary increases be effective retroactive to September 1, 1993, to be in conformance with the school year from September 1, 1993 to August 31, 1994. There would be no impact to the General Fund because these positions are federally funded. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the salary increases for the following Headstart/Preschool positions, retroactive to September 1, 1993, be approved: Teacher/Director (Step A $10.57/hour, and step B $11.03/hour), Teacher (Step A 6 10/21/93 $9.19/hour, and step B $9.59/hour); Teacher Aide (step A $5.72/hour, and step B $5.97/hour); Clerk (step A $5.72/hour, and step B $5.97/hour); and that the Personnel Department be directed to update Resolution 6413, section Thirteen. CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated October 11, 1993 from the Director of Finance, be approved. RES. 93-387 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO I S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. (13) RES. 93-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. (14) RES. 93-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. (16) RES. 93-390 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. (17) RES. 93-391 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT FOR MAINTENANCE OF A BREATH ALCOHOL INSTRUMENT. (18) RES. 93-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM. (19) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. 7 10/21/93 Resolution Nos. 93-387, 93-388, 93-389, 93-390, 93-391, and 93-392 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: None. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that the title of each item be read before action is taken by the Mayor and Council. 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. CHANGE ORDER NO. TWO - COMPENSATE CONTRACTOR - DELAYS DUE TO UNMARKED UTILITY MANHOLES & VALVE COVERS- INCREASE $5,257.42 REDLANDS BOULEVARD, FROM HUNTS LANE TO EASTERLY CITY LIMITS - PAVEMENT REHABILITATION - SILVIA CONSTRUCTION INC. (8) In a memorandum dated October 4, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that during the process of cold milling the top layer of pavement, the milling machine struck sewer manhole and water valve covers, and traffic signal pressure detector plates that were not shown on the plans or marked in the field. Utility companies are required to mark their facilities, upon being notified that construction would be done in the area of their facilities. Silvia Construction's milling machine was damaged by striking these buried objects, and the Contractor was forced to shut down until repairs could be made. The Contractor has submitted a claim for $5,257.42 for machine down-time and repairs. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern regarding the additional expense. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that Change Order No. Two to the contract with Silvia Construction, Inc., for the rehabilitation of pavement on Redlands Boulevard, from Hunts Lane to easterly city limits, in accordance with Plan No. 8756, be approved; to compensate the contractor for delays due to hitting unmarked utility manholes and valve covers, at an increase in the contract price of $5,257.42, from $244,478.15 to $249,735.57. 8 10/21/93 PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the personnel actions submitted by the Chief Examiner, dated October 7, 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. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. JOINT POWERS FINANCING AUTHORITY - ADJOURNED REGULAR MEETING (11) Jeff Wright, P.O. Box 2341, San Bernardino, CA, felt that this matter should not be placed on the consent calendar. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the adjourned regular meeting of the Joint Powers Financing Authority be adjourned. The next meeting will be held on November 15, 1993. ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUS TOP SHELTERS OF CALIFORNIA, INC. (Discussed later in the meeting) (See page 12) (12) Discussion was held regarding the agreement. city continued agreement. Administrator Clark requested that the matter be to later in the meeting to allow for review of the RES. 93-393 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING PROPOSITION NO. 174 - PARENTAL CHOICE IN EDUCATION. (15) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to the proposed resolution. The following individuals urged approval of the resolution opposing Proposition No. 174 - Parental Choice in Education: Stuart Bundy, Chancellor, San Bernardino Valley College, 701 South Mount Vernon Avenue, San Bernardino, CA. Dr. Singer, president, San Bernardino Valley College, 701 South Mount Vernon Avenue, San Bernardino, CA. 9 10/21/93 Dr. Neal Roberts, Superintendent, San Bernardino Unified School District, 777 North "F" Street, San Bernardino, CA. Shelby Obershaw, San Bernardino Unified School District Board Member, 3470 Circle Road, San Bernardino, CA. Council Member Curlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-393 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 93-394 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE BIG BEAR SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0056). (20) Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in opposition to landfills, and in support of recycling. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-394 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-395 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE MITSUBISHI CEMENT CUSHENBURY SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0074) . (21) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-395 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the fOllowing vote: Hernandez, Oberhelman, Absent: None. RES. 93-396 - 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 2760, FOR THE AREA GENERALLY LOCATED NORTHEASTERLY OF CAL STATE UNIVERSITY. (22) ~ 10 10/21/93 Jeff Wright, P.O. opposition to matters consent calendar. Box 2341, San Bernardino, CA, expressed relating to taxes being placed on the council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-396 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-397 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELI MANY, INC. FOR INSTALLATION OF CITY HALL LIGHTING RETROFIT. (23) Jeff Wright, concern regarding lighting retrofit. P.O. Box 2341, San Bernardino, CA, expressed the expenditure of funds for the City Hall Discussion ensued regarding the need to repair old sewer mains. City Administrator Clark explained that the sewer line construction fund cannot be used for maintenance of sewers, only new construction of sewers; answered questions regarding the lighting retrofit, the potential electrical energy savings generated from the retrofit; and explained that funds have been loaned from the Sewer Line Construction fund to complete the city Hall lighting retrofit project, and will be repaid with interest. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-397 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RES. 93-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITTING TO ADOPT CORE ACTIONS TO CONSIDER RECOMMENDED AND DISCRETIONARY ACTIONS UNDER THE TRANSPORTATION CONTROL MEASURE SUB-REGIONAL IMPLEMENTATION PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE 1991 SOUTH COAST AIR QUALITY MANAGEMENT PLAN AND THE 1992 FEDERAL ATTAINMENT PLAN FOR CARBON MONOXIDE. (24) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that the city-wide seventy-two hour parking limitation be eliminated to encourage ride sharing. 11 10/21/93 council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-398 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUS TOP SHELTERS OF CALIFORNIA, INC. (Discussed earlier in the meeting) (See page 9) (12) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-399 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING IMPOSING LIENS ON PROPERTY- UNCOLLECTED BUSINESS REGISTRATION FEES (25) This is the time and place set for a public hearing to consider imposing liens on real property located within the city of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated September 30, 1993, Rachel Clark, city Clerk, requested authorization to impose liens on parcels of property for uncollected business registration fees. City Clerk Clark stated that Exhibit "A" of the should be amended to delete the following addresses: 20th Street, 1706 Sepulveda, 831 West 29th Street, 795 street, 187 East 9th Street, and 851 North Lugo Avenue. resolution 2361 East East 40th Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, opposition to imposing liens registration fees. San Bernardino, CA, for uncollected spoke in business Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Concern was expressed that rental properties were not being inspected prior to being issued a business registration certificate to ensure that they are safe to inhabit. ~ 12 10/21/93 Shauna Clark, city Administrator, answered questions regarding the business registration certificate program for taxing rental properties, and the possibility of establishing an inspection program in conjunction with the business registration tax. Mayor Minor recommended that the to the Legislative Review Committee inspection program. city Administrator present an all encompassing fee RES. 93-400 - 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. (25) Council Member Miller made a motion, seconded by Council Member DeVlin, that said resolution be adopted and that Exhibit "A" be amended by deleting the following addresses: 2361 East 20th Street, 1706 Sepulveda, 831 West 29th Street, 795 East 40th street, 187 East 9th Street, and 851 North Lugo Avenue; and that the city Administrator be directed to present to the Legislative Review Committee an all encompassing fee inspection program. COUNCIL MEMBERS CURLIN & MILLER EXCUSED At 10:30 a.m., Council Members Curlin and Miller left the Council meeting. REQUEST CO-SPONSORSHIP & FEE WAIVER - $264.32 - CAJON HIGH SCHOOL HOMECOMING PARADE - NOVEMBER 5, 1993 (26) In a memorandum dated October 8, 1993, Fred Wilson, Assistant City Administrator, stated that cajon High School would be holding its Homecoming Parade on November 5, 1993 from 4: 30 p.m. to approximately 7:00 p.m., and has requested that the city co-sponsor the event, and waive the $264.32 fee. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the request of Cajon High School for City co-sponsorship and waiver of the $264.32 in Police personnel fees for their Homecoming Parade scheduled for November 5, 1993, be approved. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. REQUEST CO-SPONSORSHIP & FEE WAIVER - $90.12 - AQUINAS HIGH SCHOOL HOMECOMING PARADE - OCTOBER 29, 1993 (27) In a memorandum dated October 8, 1993, Fred Wilson, Assistant City Administrator, stated that Aquinas High School would be holding its Homecoming Parade on October 29, 1993 from 13 10/21/93 -- 3:00 p.m to approximately 3:45 p.m., and has requested that the City co-sponsor the event, and waive the $90.12 fee. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request of Aquinas High School for City co-sponsorship and waiver of $90.12 in Police personnel fees for their Homecoming Parade scheduled for October 29, 1993, be approved. REQUEST CO-SPONSORSHIP & FEE WAIVER - $1,733 FOR DARE - SAN BERNARDINO POLICE DEPARTMENT - 31, 1993 - DASH OCTOBER (28) In a memorandum dated October 6, 1993, Fred Wilson, Assistant City Administrator, stated that the San Bernardino Police Department D.A.R.E. (Drug Awareness Resistance Education) unit would be conducting the second annual "Dash for D.A.R.E." 5K fund raising run on October 31, 1993, and has requested that the City co-sponsor the event, and waive the $1,733 fee. Council Member Devlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request of the San Bernardino Police Department for co-sponsorship and waiver of personnel and equipment costs in connection with the "Dash for D.A.R.E." 5K Run scheduled in conjunction with "A Taste of Hospitality" on October 31, 1993, be approved. REQUEST POSITION UPGRADE REPRESENTATIVE II TO COMMUNITY III - POLICE DEPARTMENT COMMUNITY SERVICES SERVICES REPRESENTATIVE (29) In a memorandum dated September 30, 1993, Daniel Robbins, Chief of police, stated that in keeping with the department's commitment to civilianization, the two Sergeant positions in the Personnel and Training, and Community Program units were replaced with one Community Service Representative III (CSR III). It has become apparent that the one CSR III cannot manage these two units. The department feels that the solution is to eliminate one CSR II position from Personnel and Training, upgrade it to a CSR III, and reassign the position to community Programs. This would allow the department to assign one CSR III to Community Programs and one to Personnel and Training. The total annual cost would increase by $2,913. The Personnel committee approved the upgrade at its April 22, 1993 meeting. COUNCIL MEMBER CURLIN RETURNED At 10:38 a.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 14 10/21/93 council Member Oberhelman made a motion, seconded by Council Member Negrete, that one position of Community services Representative II, in the Police Department, currently located in Division #224 (Personnel and Training) be upgraded to the position of Community services Representative III, Range 2358, $2645-3215/month and moved to Division #223 (Community Programs). (Note: The vote was taken after discussion.) Council Member Hernandez made a substitute motion, that the matter be referred to the Personnel Committee. The motion failed for lack of a second. Shauna Clark, City Administrator, answered questions regarding the Community service Representative position upgrade. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RECESS MEETING At 10:39 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:45 a.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RES. 93-401 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CLEARWATER PIPELINE, INC. FOR INSTALLATION OF A SEWER MAIN IN PIONEER STREET, BETWEEN WATERMAN AVENUE AND SANTA ANA RIVER. (S-I) council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. Ludlam. No. 93-401 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope- 15 10/21/93 DEFERRAL REQUEST - DEVELOPMENT IMPACT MOUNTAIN HOMES PROJECT - DISCUSSED LATER - SEE PAGE 17 FEES - SPRING IN THE MEETING (S-2) In a memorandum dated October 14, 1993, Fred Wilson, Assistant City Administrator, stated that the request to defer the development impact fees for Spring Mountain Homes was considered by the Legislative Review Committee (LRC) , and referred back to the Mayor and Council with an affirmative recommendation. spring Mountain Homes is proposing to construct twenty-four single family units in the Verdemont area in two phases, with the first phase consisting of eleven homes. The approximate cost for the first phase of construction is $1.9 million. The builder has recei ved preliminary approval for a construction loan in the amount of $1.5 million, which leaves a $400,000 shortfall for the project. Development impact fees are approximately $17,100 per unit, or $188,100 for Phase One (eleven units). It was agreed by the Legislative Review Committee that any fees which impacted the General Fund, or were not under the control of the city, such as school fees, would not be considered for deferral. Staff has concerns that would apply to all future stipulates parameters relative if this deferral is development, unless to applicability. approved, it the Council It was the consensus of the Council that this matter be continued to later in the meeting. DISCUSSION - TRANSIENT MERCHANTS (S-3) In a memorandum dated October 14, Hernandez, requested that a discussion transient merchants; and that the matter Legislative Review Committee. 1993, Council Member be held relative to be referred to the COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:48 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. In a memorandum dated October 20, 1993, Rachel Clark, city Clerk, stated that this matter is being discussed as the result of a citation that was issued to a transient merchant selling corn from a vehicle in violation of section 5.04.495 of the San Bernardino Municipal Code. The citation is scheduled to be heard in Municipal Court on Monday, November 29, 1993. Since the matter is in litigation, it is recommended that any discussion concerning transient merchants be postponed until after the case is resolved. 16 10/21/93 City Attorney Penman recommended that any regarding transient merchants be postponed until after of the citation is resolved by the Municipal Court. discussion the matter Discussion ensued regarding transient merchants. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter of transient sellers be referred to the Legislative Review Committee. (Note: The vote was taken after discussion.) city Administrator Clark answered questions about transient merchants. Discussion continued regarding transient merchants. The motion failed by the following vote: Ayes: Members Negrete, Hernandez, Pope-Ludlam. Nays: Council Curlin, Oberhelman, Devlin, Miller. Absent: None. Council Members There was no further action taken on this matter. DEFERRAL REQUEST - DEVELOPMENT IMPACT FEES MOUNTAIN HOMES PROJECT DISCUSSED EARLIER MEETING - SEE PAGE 16 - SPRING IN THE (S-2) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the request of Michael John Enterprises (MJE) for the deferment of all development impact fees for the Spring Mountain Homes project, as noted in Attachment "A", be referred to the Legislative Review Committee. (Note: There was no vote taken.) Shauna Clark, city Administrator, stated that in order to act upon the request for deferral of the development impact fees staff would need to prepare the appropriate municipal code changes and conduct a public hearing. A discussion was held regarding the municipal code changes that would be required to allow for the deferral of the development impact fees for the Spring Mountain Homes project. city Attorney Penman explained that at this time staff has not been instructed to prepare the municipal code changes to allow for the deferment of development impact fees. He stated that because this project does not have a development agreement, any change to the municipal code to allow for the deferral of development impact fees would have to be made available to every development, and not to this project exclusively. Concern was expressed relative to the possible financial impact to the City's budget if all development was eligible for 17 10/21/93 development impact fee deferral; and the cost to process the municipal code changes. Concern was expressed regarding the project, and whether these homes would be sold or remain unsold. Jeff Wright, opposition to the project. P.O. Box 2341, San Bernardino, CA, expressed deferral of fees for the Spring Mountain Homes Shauna Clark answered questions regarding the possible impact the development impact fee deferral could have on the ci ty' s budget. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the request of Michael John Enterprises (MJE) for the deferment of all development impact fees for the Spring Mountain Homes project, as noted in Attachment "A", be denied. (Note: The vote was taken after discussion.) City Attorney Penman explained that unless changes are made, there is no legal basis to deferral of the development impact fees. municipal authorize code the city Administrator Clark answered questions regarding the possible deferment of development impact fees. Michael Geiber, Michael John Enterprises, 1950 Sawtelle Boulevard, suite 280, Los Angeles, CA, urged approval of the deferral of the fees for the Spring Mountain Homes project. Warner support of project, in Hodgdon, 3295 Broadmoor, San Bernardino, CA, spoke in the fee deferment for the Spring Mountain Homes the same manner as the recent Walmart project. The motion carried by the following vote: Ayes: Members Curlin, Hernandez, Oberhelman, Devlin, Miller. Council Members Negrete, Pope-Ludlam. Absent: None. Council Nays: COMMUNITY DEVELOPMENT COMMISSION ADJOURNED REGULAR MEETING At 11:45 a.m., Chairman Minor called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INSTALL TUBULAR STEEL FENCE - MILL COMMUNITY CENTER- APPROVE PLANS & ADVERTISE FOR BIDS (R-4) In a memorandum dated september 29, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of tubular steel fencing at the Mill Community 18 10/21/93 Center have been prepared and the project is ready to be advertised for bids. The project consists of replacing the existing chain link fence around the swimming pool with a six- foot tubular steel fence. The total estimated project cost is $31,500. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for the installation of the tubular steel fencing at Mill Community Center Pool, in accordance with Plan No. 8830, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 93-402 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE SAN BERNARDINO REDEVELOPMENT AGENCY. (R-7B) Timothy Steinhaus, Agency Administrator, Economic Development Agency, explained that the resolution would permit funding from the State College Redevelopment Project Area to be transferred to the Mount Vernon Corridor Project Area to be used for the Santa Fe automobile distribution facility. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-402 was adopted by the fOllowing Ayes: Council Members Negrete, Curlin, oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RECESS MEETING At 11:58 a.m., Mayor Minor recessed the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call W<lS taken by City Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller; senior Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent: city Administrator Shauna Clark. 19 10/21/93 COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 2: 00 p.m., Chairman Minor called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items only. acting as the on Community CITY ATTORNEY PENMAN RETURNED At 2:15 p.m., City Attorney Penman returned to the Council meeting. COUNCIL MEMBER CURLIN EXCUSED At 4:22 p.m., Council Member Curlin left the Council meeting. COUNCIL MEMBER NEGRETE EXCUSED At 5:10 p.m., Council Member Negrete left the Council meeting. ~ RECESS MEETING - CLOSED SESSION At 5: 11 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 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 northwest corner of 4th and "D" Streets: and 184 South "E" Street. The identity of each person with whom negotiations are authorized is: CLOSED SESSION At 5:11 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 Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin. Also present: Senior Assistant City Attorney Barlow. CITY ATTORNEY PENMAN EXCUSED At 5:22 p.m., city Attorney Penman left the closed session. 20 10/21/93 ADJOURN CLOSED SESSION At 5:31 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5:31 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "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 Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin. ADJOURNMENT (30) At 5:31 p.m., the meeting was adjourned. The next Council meeting will be held at 8:00 a.m., Monday, November 1, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk L;;(,/ .,/ By ;::e,/C"~d-4f'-<--v. Melanie Vale Deputy City Clerk '-7-/'./'.' c./a-c_<~ No. of Items: 51 No. of Hours: 7.5 21 10/21/93