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HomeMy WebLinkAbout11-01-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 1, 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 8:03 a.m., Monday, November 1, 1993, 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, Devlin, Miller; Senior Assistant city Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Senior Assistant City Attorney Morillo announced that the following additional cases would be discussed in closed session: Foo vs. citv of San Bernardino - United States District Court Case No. 91-3056 (RG); Patel vs. city of San Bernardino - United States District Court Case No. 91-1420 (RG); Arriaqa vs. Court Case 80010264. city of San Bernardino - San Bernardino Superior No. SCV 247446, Court of Appeal Case No. RECESS MEETING - CLOSED SESSION (1 & S-4) At 8:03 a.m. the Mayor and Common Council and community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts 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 11/1/93 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: Stubblefield Construction Companv. et al vs. city of San Bernardino. et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeal Case No. 4th civil No. E009749 (C/W E010088); County /ICEMA vs. ci tv of San Bernardino - Court of Appeal Case No. E012673; citv of San Bernardino vs. The Simchowitz Corporation. et al - San Bernardino County Superior Court Case No. 255534. CLOSED SESSION At 8: 03 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 11/1/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant city Attorney Morillo; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Deputy city Attorneys Simmons & Empeno, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and victor Lorch, Director of Risk Management. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:11 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the CITY ATTORNEY PENMAN ARRIVED At 8:16 a.m., City Attorney Penman arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:18 a.m., Deputy City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8: 20 a. m., Deputy City Attorney Empeno left the closed session. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY ARRIVED At 8:20 a.m., Al Boughey, Director of Planning & Building services, arrived at the closed session. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 8:49 a.m., Al Boughey, Director of Planning & Building Services, left the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:51 a.m., Council Member Miller left the 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. 3 11/1/93 RECONVENE MEETING At 9:01 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, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin announced that on October 29, 1993, he attended the Ribbon cutting Ceremony for the new Stater Bros. Market located at Basel ine & Pepper. He also expressed his condolences for those individuals affected by the southland fires. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2A) Council Member Hernandez requested clarification as to the city's policy regarding the disposal of confiscated firearms. CITY ATTORNEY PENMAN EXCUSED At 9:04 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. A discussion was held relative to the city's policy for the disposal of confiscated firearms. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (28) Council Member Oberhelman stated that he had attended the Taste of Hospitality and the Dash for Dare events held on October 31, 1993; and complimented the coordinators of each event for their tremendous success. ANNOUNCEMENT - COUNCIL MEMBER MILLER (2C) Council Member Miller stated that on October 28, 1993, she attended the Ribbon Cutting Ceremony for the new Medical Center at Casa Ramona; and commended those associated with the project. 4 11/1/93 PUBLIC COMMENTS - JIM LYNAS (3) Jim Lynas, 1160 E. Sonora, San Bernardino, support for providing the Council with additional and recommended staffing and compensation levels. CA, expressed compensation, ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (2D) ci ty Administrator Shauna Clark stated that once per year, the Police Department sells good-quality handguns and sporting rifles, and destroys Saturday night specials and assault rifles. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2E) Council Member Hernandez stated that he would place the disposition of confiscated weapons on the agenda of the next Mayor & Common Council meeting. PUBLIC COMMENTS - HARRY L. JACKS (3A) Harry L. Jacks, 2145 W. Hanford Street, San Bernardino, CA, former President of Progressive Mortgage Corporation, provided a synopsis of the events surrounding the foreclosure of Progressive Mortgage Corporation; and requested that consideration be granted to Roger's Bindery. PUBLIC COMMENTS - DANIEL S. MITROVICH (3B) Daniel S. Mitrovich, 201 North "E" Street, San Bernardino, CA, expressed his appreciation for the presentation made by the City to the Local Agency Formation Commission, (LAFCO), at its meeting of October 20, 1993, in support of annexing the property associated with the CalMat project. PUBLIC COMMENTS - BRIAN LONGNECKER (3C) Brian Longnecker, Owner, Chop Chop Avenue, San Bernardino, CA, apologized the City's business registration fee; $1,000 towards gang and drug prevention. Tree Service, for his late and offered 2121 First payment of to donate PUBLIC COMMENTS - ANTOINETTE BROWN (3D) Antoinette Brown, 3424 Rainbow Lane, San Bernardino, CA, stated that she has created We Care San Bernardino, a non- profit organization, to address the issue of homeless individuals; and requested that she be allowed to make a full presentation before the Mayor and Council. 5 11/1/93 ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2F) Council Member Curlin requested that Mr. Lynas report relative to Mr. Lynas' recommendation of compensation and staff for members of the Council. provide a additional APPOINTMENT RABBI HILLEL COMMISSION MAYOR MINOR MEETING - SEE PAGE 23 COHN HUMAN RELATIONS DISCUSSED LATER IN THE (4) In a recommended street, San memorandum dated October 21, 1993, the appointment of Rabbi Hillel Cohn, Bernardino, CA, to the Human Relations Mayor Minor 3947 Ironwood commission. APPOINTMENT MARION FAULKNER COMMISSION - COUNCIL MEMBER CURLIN THE MEETING - SEE PAGE 23 HUMAN RELATIONS - DISCUSSED LATER IN (4A) In a memorandum dated October 21, 1993, Mayor Minor recommended the appointment of Mar ion Faulkner, 1288 1/2 North "D" Street, San Bernardino, CA, to the Human Relations commission, as requested by Council Member Curlin. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments to the Human Relations Commission be discussed later in the meeting. APPOINTMENT DAVID E. SKEETERS ADVISORY COMMITTEE - MAYOR MINOR TRAFFIC SAFETY (4B) In a memorandum dated October 26, 1993, Mayor Minor recommended the appointment of David E. Skeeters, 22735 Kentfield, Grand Terrace, CA, to the Traffic Safety Advisory Committee. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of David E. Skeeters to the Traffic Safety Advisory Committee, be continued to November 15, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COMMENDATION CERTIFICATE SAFETY ADVISORY COMMITTEE MICHAEL PONCE TRAFFIC (4C) J. Lorraine Velarde, Executive Assistant to the Mayor, presented a commendation certificate to Michael Ponce for his dedicated service, from March 1991 to October 1993, in connection with the Traffic Safety Advisory committee. Michael Ponce accepted the commendation. 6 11/1/93 WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Curlin, 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: September 7, 1993; October 4, 1993. CLAIMS AND PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 27, 1993, from the Director of Finance, be approved. RES. 93-403 - 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. (10) RES. 93-404 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE HEADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER. (12) RES. 93-405 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN... II BY CODIFYING PRIOR COUNCIL ACTIONS. (14) RES. 93-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PAVEMENT RECYCLING SERVICES RELATING TO HEADER CUT AND COLD PLANING SERVICES FOR STREET RESURFACING PURPOSES. (16) 7 11/1/93 council Member Oberhelman made a motion, seconded by council Member Curlin, that said resolutions be adopted. Resolution Nos. 93-403, adopted by the following vote: curlin, Hernandez, Oberhelman, Nays: None. Absent: None. 93-404, 93-405 and 93-406 were Ayes: Council Members Negrete, Devlin, Pope-Ludlam, Miller. FISCAL YEAR 1992/93 ENCUMBRANCE CARRY OVERS CONTINUING APPROPRIATION & (7) In a memorandum dated October 14, 1993, Barbara Pachon, Director of Finance, stated that the fiscal year 1992/93 continuing appropriation and encumbrance report has been prepared, and approval is required to carryover said projects to the 1993/94 fiscal year. In a memorandum dated October 29, 1993, Barbara Pachon, Director of Finance, provided a summary of the fiscal year 1992/93 encumbrance carryovers totalling $420,262; and explained the funds appropriated for the Fine Arts, civic/Promotional, Norm Baffrey/Roosevelt Bowl and 4th of July Celebration accounts. Concern was expressed whether the projects noted on the fiscal year 1992/93 continuing appropriation and encumbrance carryover report were included as part of the 1993/94 budget- balancing process. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the report of the proposed fiscal year 1992/93 continuing appropriation and encumbrance carryovers, as submitted by the Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 21, 1993, in accordance with civil Service Rules and Personnel policies adopted by the Mayor and Common Council of the city of San Bernardino, be approved and ratified. RES. 93-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO VALLEY COLLEGE PROVIDING FOR THE COOPERATIVE USES OF THE COLLEGE' S ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. (11) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 8 11/1/93 Resolution No. 93-407 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN...", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (13) Council Member Hernandez made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 93-408 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-409 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO NOTICING A MEETING AND A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 22, GENERALLY LOCATED ALONG PORTIONS OF 5TH STREET, 6TH STREET, 7TH STREET, "F" STREET, "G" STREET AND "H" STREET. (15) city Administrator Shauna Clark answered questions relative to the formation of Underground Utility District No. 22, and noted the possibility of future development with the formation of this district. Discussion ensued relative to the formation of Underground Utility District No. 22. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-409 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:32 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy city Attorney Empeno. RECONSIDER - INITIATION OF A DEVELOPMENT CODE AMENDMENT - OFFSITE ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE REQUIREMENTS COUNCIL MEMBER HERNANDEZ CONTINUED FROM OCTOBER 4, 1993 (18) This is the time and place continued for a development code amendment relative to Beverage Control (ABC) license requirements. reconsideration of offsite Alcoholic 9 11/1/93 Deputy city Attorney Empeno provided a synopsis of the action taken relative to the proposed initiation of a development code amendment. council Member Pope-Ludlam made a motion that the initiation of a development code amendment relative to offsite Alcoholic Beverage Control (ABC) license requirements, be reconsidered. The motion failed for lack of a second. It was noted that the reconsideration was approved at the Council meeting of October 4, 1993. Deputy city Attorney Empeno requested that the matter be continued for thirty (30) days to enable the City Attorney's Office to develop the language necessary for the proposed development code amendment. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to December 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. RECONSIDER - APPEAL PLANNING COMMISSION'S DENIAL- CONDITIONAL USE PERMIT NO. 93-01 - CONVENIENCE MARKET- 484 SOUTH RANCHO AVENUE - COUNCIL MEMBER HERNANDEZ- CONTINUED FROM OCTOBER 4, 1993 (19) This is the time and place continued to reconsider the Mayor and Council's decision to uphold the Planning commission's denial of Conditional Use Permit No. 93-01 to allow for the sale of hard liquor at the convenience market located at 484 South Rancho Avenue. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to December 6, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 9:38 a.m., Deputy city Attorney Empeno left the Council meeting and was replaced by Senior Assistant city Attorney Barlow. 10 11/1/93 FIRE DEPARTMENT - PROPOSED EMERGENCY-MEDICAL TRANSPORT SERVICE - CONTINUED FROM AUGUST 2, 1993 (20) This is the time and place continued to consider authorizing the City Fire Department to operate an emergency-medical transport service. City Administrator Shauna Clark provided a synopsis of the action taken relative to the proposed emergency-medical transport service, and recommended that the matter be continued to December 6, 1993. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to December 6, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECOGNITION PETITION - SAFETY MANAGERS' ASSOCIATION- POLICE & FIRE MANAGEMENT DISCUSSED LATER IN THE MEETING - SEE PAGE 12 (21) In a memorandum dated October 21, 1993, Barbara Dillon, Personnel Director, stated that on August 18, 1993, Tom Parlett, Battalion Chief, Fire Department, filed a petition on behalf of the Safety Managers' Association (SMA) for formal recognition as the majority representative of Fire and Police safety employees in classifications P-5 and above for Fire and P-4 and above for Police. The following job classifications would be included in the Safety Managers' Association, for a total of 25 employees: Fire Department - Fire Chief, Deputy Chief, Training Officer, Fire Marshall and Battalion Chief. Police Department - Police Chief, Assistant Police Chief, Police captain and Police Lieutenant. The classifications noted are currently within the city's Management/Confidential Unit. The petition for recognition was reviewed and found to impose an unreasonable burden on the efficient operation of the city. Council Member Hernandez made a motion, seconded by Council Member Miller, that the Mayor and Common Council deny the petition for recognition filed by the Safety Managers' Association for formal recognition as the majority representative of Fire and Police safety employees in the classifications of P-5 and above for Fire and P-4 and above for Police. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Council Members Oberhelman, Devlin. Absent: None. Council Nays: BRAD WEEKLEY REQUEST TO SPEAK COMMUNITY FACILITIES DISTRICT (CFD) NO. ASSESSMENT- 995, AREA B (22) 11 11/1/93 In a letter dated October 21, 1993, Shauna Clark, City Administrator, addressed Mr. Brad Weekley's concerns noted in his letter dated October 18, 1993, relative to the assessment increase for community Facilities District (CFD) No. 995. Brad Weekley, 3205 W. Hyatt Road, San Bernardino, CA, expressed opposition to the disclosure proceedings for Assessment CFD No. 995, provided the Mayor and Council with a copy of the Mello-Roos Special Tax Disclosure to the Homeowner and Special Assessment Disclosure to the Homeowner; and urged that further development be completed without the Mello-Roos special tax. There was no action taken on this item. RECOGNITION PETITION - SAFETY MANAGERS' ASSOCIATION- POLICE & FIRE MANAGEMENT - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 11 (21) Council Member Oberhelman made a motion, seconded by Council Member Devlin, to reconsider the previous action taken to deny the petition for recognition of the Safety Managers' Association. The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Miller. Members Curlin, Hernandez, pope-Ludlam. Absent: Ayes: Nays: None. Council Council Tom Parlett, Battalion Chief, 3173 Cactus Circle, Highland, CA, provided a synopsis of the action taken relative to the creation of the petition for recognition for the proposed Safety Managers' Association; and submitted to the Council a letter dated october 31, 1993, which addresses concerns and provides the rationale for the establishment of the Safety Managers' Association. A discussion was held relative to the establishment of the proposed Safety Managers' Association. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council approve the petition for recognition filed by the Safety Managers' Association for formal recognition as the majority representative of Fire and Police Safety Employees in the classifications of P-5 and above for Fire and P-4 and above for Police. (Note: The vote was taken after discussion.) Discussion ensued relative to the establishment of the proposed Safety Managers' Association and the current level of benefits provided to safety members. 12 11/1/93 Senior Assistant city Attorney Barlow stated that the establishment of the proposed Safety Managers' Association does not raise any legal issues and the decision to approve recognition lies within the legislative body. Barbara Dillon, Director of Personnel, stated that the City currently negotiates with four bargaining units and recognizes the San Bernardino City Management Association; and explained the benefits currently offered to fire and police management. Discussion continued relative to the establishment of the proposed Safety Managers' Association. The motion failed by the following vote: Members Negrete, Oberhelman, Devlin. Nays: Curlin, Hernandez, Pope-Ludlam, Miller. Absent: Ayes: Council None. Council Members RECESS MEETING At 10:21 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:28 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. 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; senior Assistant city Attorney Barlow; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. PUBLIC HEARING - IMPOSING LIENS - PROPERTY WITHIN SAN BERNARDINO UNCOLLECTED BUSINESS REGISTRATION FEES (17) This is the time and place set for a public hearing for imposing liens on property located within the City of San Bernardino for uncollected business registration fees. In a memorandum dated October 13, 1993, Rachel Clark, city Clerk, requested authorization to impose liens on property located within the City of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following properties: 2913 California street, 4772 N. Don Pablo Court, 154-56 Giavanola Avenue, 384 Magnolia Avenue, 369 E. Rialto Avenue and 2035 E. Sunrise Lane. 13 11/1/93 RES. 93-410 - 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. (17) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the public hearing be closed; and that said resolution be adopted and Exhibit "A" be amended to delete: 2913 California Street, 4772 N. Don Pablo Court, 154-56 Giavanola Avenue, 348 Magnolia Avenue, 369 E. Rialto Avenue and 2035 E. Sunrise Lane. (Note: There was no vote taken at this time.) Council Member by Council Member hearing be closed. Hernandez made a substitute motion, seconded Miller, and unanimously carried, that the Discussion ensued relative to the establishment of a property-inspection program. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted and Exhibit "A" be amended to delete: 2913 California street, 4772 N. Don Pablo Court, 154-56 Giavanola Avenue, 348 Magnolia Avenue, 369 E. Rialto Avenue and 2035 E. Sunrise Lane. Resolution No. 93-410 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Pope-Ludlam. RES. 93-411 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN CITY PROCUREMENTS. (S-I) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. (Note: The vote was taken after discussion.) COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:31 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Ernest Wilson, Affirmative Action Officer, Mayor's Office, answered questions relative to the establishment of goals for minority and women business enterprises for City procurements. Resolution No. 93-411 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 14 11/1/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO CHANGING CHAPTER 2.45 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HUMAN RELATIONS COMMISSION TO CHAPTER 2.39 AND AMENDING SECTION 2.39.060(H) (7) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE TAKING OF TESTIMONY UNDER OATH BEFORE THE HUMAN RELATIONS COMMISSION. First (S-2) Ernest Wilson, Affirmative Action Officer, Mayor's Office, explained the events surrounding the proposed amendment. Council Member Negrete made a motion, Member Pope-Ludlam, that said ordinance be adoption. (Note: There was no vote taken.) seconded by Council laid over for final A discussion ensued relative to the taking of testimony under oath and the purpose of the Human Relations Commission. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, that said ordinance be laid over for final adoption with the deletion of the taking of testimony under oath. (Note: There was no vote taken.) Discussion continued relative to the taking of testimony under oath. Council Member Oberhelman amended his substitute motion, seconded by Council Member Miller, that said ordinance be laid over for final adoption. (Note: There was no vote taken at this time. ) Jim Lynas, 1160 E. Sonora, San Bernardino, CA, expressed opposition to the taking of testimony under oath. The amended substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. RECESS MEETING At 10:53 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:03 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; city Attorney Penman; city Clerk Rachel Clark. Absent: Council Member Miller, 15 11/1/93 city Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:03 a.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RICHARDSON STREET STORM DRAIN - ADVERTISE FOR BIDS (R-l) In a memorandum dated October 21, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for the installation of a storm drain in Richardson Street between Davidson Street and the Mission Zanja Channel have been completed, and the project is ready to be advertised for bids. The total estimated cost for the project is $245,000. Council Member Curlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for the installation of a storm drain in Richardson Street from Davidson Street to Mission Zanja Channel, per Plan No. 8854, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 93-412 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 SALVATION ARMY-SAN BERNARDINO CORPS. (R-4) Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Ayes: DeVlin, Miller. Resolution No. 93-412 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: None. Absent: Council Member CHANGE ORDER NO. ONE - INSTALL EARTHQUAKE RESISTANT BRACING SYSTEM - EDA-93-0003 - STABILIZER SYSTEMS, INC. (R-3) In a memorandum dated October 16, 1993, Richard McGreevy, Disaster Preparedness coordinator, Fire Department, stated that $69,000 had been allocated from Community Development Block Grant funds, and on August 16, 1993, the Mayor and Council awarded a contract of $57,206.54 to Stabilizer Systems, Inc., to install 24 earthquake resistant bracing systems for mobilehomes within the City. Since the awarded bid was less than anticipated, residual funds of $10,894 are available for 16 11/1/93 installation of an additional five (5) earthquake resistant bracing systems. Ken Henderson, Executi ve Director, Development Department, Economic Development Agency, answered questions pertaining to the selection of homeowners for participation in this program. council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council approve Change Order No. One to the contract with stabilizer Systems, Inc., to install an additional five mobilehomes earthquake resistance bracing systems (ERBS) in various roobilehomes within the City of San Bernardino. RECESS MEETING - CLOSED SESSION At 11:24 a.m., the Mayor and Common Community Development commission, recessed Community Development Commission items. (R-9 ) Council, acting as to closed session the for CLOSED SESSION At 11:24 a.m., Chairman 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: Chairman Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; city Attorney Penman; City Clerk Rachel Clark. Absent: Council Member Miller, City Administrator Shauna Clark. Also present: Timothy Steinhaus, Agency Administrator; Ken Henderson, Executive Director, Development Department, Economic Development Agency. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 11:26 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. CLOSED SESSION ADJOURNED At 12:00 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 12:00 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 "0" Street, San Bernardino, California. 17 11/1/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Member Miller, City Administrator Shauna Clark. RECESS MEETING At 12:00 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center (MIC Room), sixth Floor, City Hall, 300 North "0" street, San Bernardino, California, to discuss pending litigation. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:10 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC Room), sixth Floor, 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, Devlin, Pope-Ludlam; city Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator Fred Wilson. Absent: Council Member Miller. RECESS TO CLOSED SESSION - LUNCHEON WORKSHOP (S-3) At 12: 10 p.m., the Mayor and Common Council recessed to closed session for the following: i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government code Section 54956.9(a) as follows: Stubblefield Construction Companv. et al V5. citv of San Bernardino. et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeal Case No. 4th civil No. E009749 (C/W E010088) . CLOSED SESSION At 12:10 p.m., Mayor Minor called the closed session to order in the Management Information Center, (MIC Room), sixth Floor, 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; City Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator 18 11/1/93 Fred Wilson. Absent: council Member Miller. Also present: Joe Arias, Attorney, and Chris Lockwood, Attorney; MacLachlan, Burford & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA; victor Lorch, Director of Risk Management, Al Boughey, Director of Planning & Building Services, senior Assistant City Attorney Morillo. RECESS CLOSED SESSION - LUNCHEON WORKSHOP At 1: 19 p.m., the closed session recessed to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:06 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Devlin; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Members Oberhelman, Pope-Ludlam, Miller; city Administrator Shauna Clark. APPEAL PLANNING COMMISSION APPROVAL TENTATIVE TRACT NO. 15494 CONDITIONAL USE PERMIT NO. 92-34- SUBDIVIDE TWO PARCELS INTO EIGHT LOTS - SEVEN SINGLE- FAMILY HOMES - GRANDE VISTA AVENUE - SOUTH OF EDGEMONT DRIVE - CONTINUED FROM SEPTEMBER 20, 1993 (23) This is the time and place continued for an appeal of the Planning commission's approval of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 to subdivide two parcels into eight lots and to construct seven single-family dwelling units on seven of the eight lots in the RL, Residential Low, land use designation on the easterly side of Grande Vista Avenue, 300 feet south of Edgemont Drive. In a letter dated Financial Officer, G & D Boulevard, Pasadena, CA, for thirty days. October 22, 1993, Todd Leibl, Chief Construction, Inc., 2234 East Colorado requested that the matter be continued Mayor Minor opened the hearing. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to December 6, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California, as requested by the applicant. 19 11/1/93 COUNCIL MEMBERS RETURNED At 2:07 p.m., Miller returned to the Council table. OBERHELMAN, POPE-LUDLAM & MILLER Council Members Oberhelman, Pope-Ludlam and the Council meeting and took their places at PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-09- ALLOW CHAIN LINK FENCING - COMMERCIAL, INDUSTRIAL & RESIDENTIAL - LAND USE DESIGNATIONS - NOT VISIBLE FROM A PUBLIC STREET (24) This is the time and place set to consider proposed Development Code Amendment No. 93-09 to allow chain link fencing to be used in all commercial, industrial and residential land use designations when not visible from a public street. In a memorandum dated October 14, 1993, Al Boughey, Director of Planning & Building Services, stated that Development Code Amendment No. 93-09 was initiated by the City after the Legislative Review Committee at its meeting of July 8, 1993, directed staff to prepare an amendment to allow chain link fencing to be used in residential land use districts in certain circumstances. The proposed amendment to section 19.20.030(8) (C) would modify the land use designations which allow chain link fencing in the rear and side yards when not visible from a public street in all residential zones, would allow chain link fencing within the front and street side yards of single-family homes in RS, Residential Suburban and RU, Residential Urban, land use zoning districts and at the front and street side-property lines (six feet high) for vacant commercial or industrial lots or buildings to be removed upon development or occupancy. The amendment would affect the entire incorporated portion of the city. The Planning commission at its meeting of September 21, 1993, recommended approval of Development Code Amendment No. 93- 09, with the deletion of the portion of the amendment which allows chain link fencing in the front and street side yards of single-family homes in the RS, Residential Suburban and RU, Residential Urban, land use designations based upon the Findings of Fact, Exhibit A, of the Staff Report dated October 14, 1993. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building services, provided an overview of the proposed amendment to allow chain link fencing in all commercial, industrial and residential land use designations. A discussion ensued relative to the positive and negative aspects of allowing chain link fencing versus wrought iron and brick fencing, and the proposed Development Code Amendment. 20 11/1/93 Director Boughey recommended that staff be provided with key issues and be directed to incorporate the issues into pOlicy. He stated that the ordinance currently reads, "readily visible from a public street" and proposed that it be changed to "not adjacent to a pUblic street". Discussion continued relative to the proposed Development Code Amendment No. 93-09. City Attorney Penman recommended that chain link fencing be permitted in all land use designations and that maintenance provisions be imposed. Elmore Miles, 3673 Orchid Drive, Highland, CA, expressed opposition to Development Code Amendment No. 93-09. Joel Rothchild, 6836 Palm Avenue, Highland, CA, expressed support for Development Code Amendment No. 93-09. Discussion ensued relative to the proposed changes to the ordinance and the current provisions of the Development Code. Council Member Curlin made a motion to allow chain link fences provided that it is properly maintained and dressed in those areas where it is now prohibited. The motion failed for lack of a second. Council Member Miller made a motion that the hearing be closed, that Development Code Amendment No. 93-09 be approved, subject to the modifications recommended by the Planning Commission; that said changes be incorporated in the ordinance; that said ordinance be laid over for final adoption; and that the words "not adjacent to pUblic streets" be substituted for "not visible". The motion failed for lack of a second. Council Member Curlin made a motion to allow naked chain link fencing in those areas which are not adjacent to the public way, and that those areas that are adjacent but visible to the public way be allowed with aesthetic modifications, such as, dressing and so forth. The motion failed for lack of a second. Council Member Pope-Ludlam made a motion, seconded by Council Member Curlin, that chain link fences be allowed in those areas where more than 50 percent of the property owners already have chain link fences. (Note: There was no vote taken at this time.) 21 11/1/93 Mr. Boughey requested that to allow chain link fencing directed to address the issue ordinance. if it's the intent of the Council in front yards, that staff be and prepare an amendment to the council Member Curlin made a substitute motion that the Director of Planning & Building Services be directed to prepare an amendment that consideration be given to new chain link fences either naked or dressed in areas where there is already existing chain link fences without consideration to percentages. The substitute motion failed for lack of a second. council Member Curlin made a substitute motion, seconded by Council Member pope-Ludlam, to direct staff to be empowered to drawup the type of ordinance to make an exception to the prohibition against chain link fencing for those areas in the City where chain link fencing already exists. (Note: There was no vote taken at this time.) A discussion was held relative to the substitute motion and the impact to the city. Al Boughey recommended that the Planning commission's recommendation be approved with the exception of allowing chain link fences in the front yard of RS, Residential Suburban, and RU, Residential Urban, land use designations; and that the issue be addressed and brought back with a subsequent recommendation, with the caveat that the words "not adjacent to public streets" be substituted for "not visible". AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030(8) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS. First (24) Council Member Miller made a motion, seconded by Council Member Devlin, that the hearing be closed, that Development Code Amendment No. 93-09 be approved, subject to the modifications recommended by the Planning Commission; that said changes be incorporated in the ordinance; that said ordinance be laid over for final adoption; and that the words "not adjacent to public streets" be substituted for "not visible". The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, DeVlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. 22 11/1/93 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:54 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. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community APPOINTMENT MARION FAULKNER COMMISSION - COUNCIL MEMBER CURLIN IN THE MEETING - SEE PAGE 6 HUMAN RELATIONS - DISCUSSED EARLIER (4A) This is the time and place continued to consider the appointment of Marion Faulkner to the Human Relations Commission, as requested by Council Member Curlin. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Marion Faulkner to the Human Relations Commission, be approved. OATH OF OFFICE - MARION FAULKNER - HUMAN RELATIONS COMMISSION City Clerk Rachel Clark administered the Oath of Office to Marion Faulkner, newly appointed Second Ward Human Relations Commissioner. APPOINTMENT COMMISSION - MEETING - SEE RABBI HILLEL COHN HUMAN RELATIONS MAYOR MINOR - DISCUSSED EARLIER IN THE PAGE 6 (4) This is the time appointment of Rabbi Commission, as requested and place continued Hillel Cohn to the by Mayor Minor. to discuss the Human Relations Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Rabbi Hillel Cohn to the Human Relations Commission, be approved. RECESS MEETING - CLOSED SESSION (1) At 5:12 p.m., the Mayor and Common Council recessed to closed session for the following: 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: Foo vs. citv of San Bernardino - united states District Court Case No. 91-3056 (RG). 23 11/1/93 CLOSED SESSION At 5:12 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city Attorney Penman; city Clerk Rachel Clark; Assistant city Administrator Fred Wilson. Absent: None. Also present: Senior Assistant city Attorney Morillo. CLOSED SESSION ADJOURNED At 5:16 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 5:16 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city Attorney Penman; city Clerk Rachel Clark; Assistant city Administrator Fred wilson. Absent: None. ADJOURNMENT (25) At 5: 16 p. m., the regular meeting of the Mayor and Common Council adjourned. The next meeting will be held on Monday, November 15, 1993, at 8:00 a.m., in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RACHEL CLARK City Clerk By ~:'/'nVj (;'/~iL(! suza,rlna Cordova Deputy city Clerk No. of Items: 39 No. of Hours: 8.5 24 11/1/93