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HomeMy WebLinkAbout12-06-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING DECEMBER 6, 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 8:02 a.m., Monday, December 6, 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, Devlin, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. 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 meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; b. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; c. 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); d. 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 e. to consider personnel matters pursuant to Government Code Section 54957; 1 12/6/93 f. 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; g. 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: h. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code i. to meet with the Chief of Police regarding matters of pub I ic secur i ty pursuant to Government Code section 54957; j. 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. 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); San Bernardino Economic Development Council vs. Georqe A. Aquilar - San Bernardino Superior Court Case No. 274061; ci tv of San Bernardino vs. Jim L. Dvkes. et al San Bernardino Superior Court Case No. 254883; Castro/Harris vs. citv of San Bernardino - San Bernardino Superior Court Case No. 245222. CLOSED SESSION At 8:02 a.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, Miller; City Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. 2 12/6/93 Also present: Barbara Dillon, Director of Personnel; Barbara Pachon, Director of Finance; and Margaret Scroggin, Administrative Operations Supervisor, city Attorney's Office. 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. CITY ATTORNEY PENMAN EXCUSED At 8:12 a.m., City Attorney Penman left the closed session. COUNCIL MEMBER At 8:15 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the DIRECTOR OF PERSONNEL DILLON EXCUSED At 8:30 a.m., Barbara Dillon, Director of Personnel left the closed session. DIRECTOR OF FINANCE PACHON EXCUSED At 8:30 a.m., Barbara Pachon, Director of Finance left the closed session. CITY ATTORNEY PENMAN RETURNED At 8:30 a.m., city Attorney Penman returned to the closed session. DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8:30 a.m., Deputy City Attorney Simmons arrived at the closed session. FIRE CHIEF WRIGHT ARRIVED At 8:30 a.m., Fire Chief will Wright arrived at the closed session. ASSISTANT TO THE At 8:30 a.m., Administrator arrived CITY ADMINISTRATOR DUCEY ARRIVED Peggy Ducey, Assistant to at the closed session. the City SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 8:30 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:50 a.m., Deputy city Attorney Simmons left the closed session. FIRE CHIEF WRIGHT EXCUSED At 8:50 a.m., Fire Chief will Wright left the closed session. 3 12/6/93 ASSISTANT TO THE CITY ADMINISTRATOR DUCEY EXCUSED At 8:50 a.m., Peggy Ducey, Assistant to the City Administrator left the closed session. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned to 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. RECONVENE MEETING At 9:04 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 "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 Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin stated that the next town hall meeting for second ward residents would be held February 2, 1994, at the Lincoln School, 255 West 13th Street, San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2A) Council Member Hernandez expressed concern regarding the possible decertification of city Paramedics, and urged residents to contact the County Board of Supervisors to express their concerns regarding this matter. ANNOUNCEMENT - CITY ATTORNEY PENMAN (2B) City Attorney Penman expressed concern regarding the possible decertification of city Paramedics, and recommended that residents contact the county Board of Supervisors to voice their concerns regarding this matter. 4 12/6/93 ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2C) Council Member Oberhelman stated that the Christmas tree lighting ceremony and Christmas parade were successful events, and commended the departments involved with these activities. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (2D) Council Member Pope-Ludlam with the County in order to paramedic services. recommended that the City meet resolve the dispute regarding ANNOUNCEMENT - COUNCIL MEMBER MILLER (2E) Council Member Miller stated that the Christmas tree lighting ceremony and Christmas parade were successful events, and commended the departments involved with these activities. PUBLIC COMMENTS - JEAN KENNEDY (3) Jean expressed felt that with the Committee. Kennedy, 4445 North Sierra Way, San Bernardino, CA, support for a pay raise for Council Members; however, the matter should be submitted to the voters, along recommendations made two years ago by the Charter PUBLIC COMMENTS - JEFF WRIGHT (3A) Jeff Wright, P.O. Box 2341, San Bernardino, CA, recommended that a commemorative plaque be placed in the Tom Gould park; and recommended that street-repair bulletins be aired on Channel 3 to notify the pUblic which streets would be under construction or repair so that they can be avoided. APPOINTMENTS - PLANNING COMMISSION - POLICE COMMISSION & HUMAN RELATIONS COMMISSION (4 & S-l) council Member Negrete First Ward In Negrete Lynwood a memorandum dated December 2, 1993, Council Member requested the appointment of Rita C. Arias, 3364 East Drive, Highland, CA, to the Human Relations Commission. council Member CUrlin Second Ward In memoranda dated November 29, 1993, Mayor Minor recommended the appointment of Car-ol A. Thrasher, 1757 North Arrowhead Avenue, San Bernardino, CA, to the Planning Commission; and Ernest R. Nelson, Jr., 1481 Crestview Avenue, San Bernardino, CA, to the Police Commission, as requested by Council Member Curlin. 5 12/6/93 council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the appointments recommended by Council Members Curlin and Negrete, be approved. COUNCIL MINUTES (6) council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: October 21, 1993. DELMANN HEIGHTS COMMUNITY CENTER ACQUIRE VERTICAL BLINDS - $1,173 - SIXTH WARD PARK EXTENSION FUNDS (9) In a memorandum dated November 8, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that new vertical blinds are needed for the classroom located at the Delmann Heights Community Center to replace the existing blinds that are in poor condition. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that $1,173 from the Sixth Ward Park Extension Fund for the acquisition of vertical blinds for the Delmann Heights Community Center, be approved. RECLASSIFY POSITION - BUILDING MAINTENANCE MECHANIC TO ELECTRICIAN II - FACILITIES MANAGEMENT (10) In a memorandum dated November- 18, 1993, Barbara Dillon, Director of Personnel, stated that James Sharer, Facilities Manager, has requested that one Building Maintenance Mechanic be reclassified to an Electrician II based on the division's need for a journey-level Electrician, and the Building Maintenance Mechanic's performance of various Electrician II duties. The Building Maintenance Mechanic to be reclassified meets the minimum qualifications of Electrician II. The position reclassification would generate a savings of $10,906. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that one (1) Building Maintenance Mechanic, Range 1298, Step 4, $2,270/month, be reclassified to Electrician II, Range 1327, Step 3, $2,498/month effecti ve December 16, 1993; that one (1) Building Maintenance Mechanic be deleted from the 1993-94 Facilities Management Division budget; and that one (1) Electrician II be added to the 1993-94 Facilities Management Division budget. 6 12/6/93 CLAIMS AND PAYROLL (16) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll, and authorization to issue warrants as listed on the memorandum dated November 22, 1993, from the Director of Finance, be approved. RES. 93-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND KENYON D. CRABTREE, CONSULTANT, DOING BUSINESS AS THE COMMUNICATIONS GROUP, FOR SERVICES RELATING TO THE 800 MHZ TRUNKED VOICE COMMUNICATIONS SYSTEM PROJECT. (23) RES. 93-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL/BURNEY AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1012, AND WAIVING NOTICE AND HEARING. (26) RES. 93-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14390, LOCATED AT THE NORTHEAST CORNER OF RANDALL AVENUE AND MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (27) RES. 93-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 14118, LOCATED ON THE WEST SIDE OF PENNSYLVANIA AVENUE, APPROXIMATELY 700 FEET NORTH OF MILL. (28) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 93-431, adopted by the following vote: Curlin, Hernandez, Oberhelman, Nays: None. Absent: None. 93-432, 93-433, and 93-434 were Ayes: Council Members Negrete, Devlin, Pope-Ludlam, Miller. 7 12/6/93 -. ORD. MC-888 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO REVISE THE PERMITTED USE TABLES FOR COMMERCIAL AND INDUSTRIAL LAND USE DESIGNATIONS, AND AMENDING SECTIONS 19.02.050, 19.04.030 INCLUDING TABLE 04.02, 19.06.020 INCLUDING TABLE 06.01, 19.08.020 INCLUDING TABLE 08.02, 19.20.030, 19.22, 19.24, 19.26.040, 19.36.050, 19.44.060, 19.48.120(5), 19.60, 19.62.030(7), AND 19.70.020(11) TO ADDRESS MINOR CHANGES TO, AND CLARIFICATIONS OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE). Final (30) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance MC-888 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. ADOPT CITY MISSION STATEMENT (7) In a memorandum dated November 9, 1993, Shauna Clark, City Administrator, stated that in order to provide more strategic planning, the Management Team developed a mission statement which defines management's role and supports the goals of the Mayor and Council. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to January 10, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RATIFY CO-SPONSORSHIP & WAIVE FEE CHRISTIAN ASSOCIATION (YMCA) 1993 CHRISTMAS PARADE - DECEMBER 4, 1993 YOUNG MEN'S CHILDREN'S (8) In a memorandum dated November 23, 1993, J. Lorraine Velarde, Executive Assistant to the Mayor, stated that the Young Men's Christian Association's (YMCA) annual children's Christmas parade is scheduled for Saturday, December 4, 1993. The YMCA has obtained a parade permit from the Police Department, and requests that the City co-sponsor and waive the $3,223.93 fees associated with the event. 8 12/6/93 council Member Oberhelman made a motion, Member Negrete, and unanimously carried, that sponsorship and waiver of departmental costs the 1993 YMCA's Children's Christmas Parade $3,223.93, be ratified. seconded by Council the request for co- in connection with in the amount of REINSTATE POSITION PARKS PROJECT COORDINATOR- PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (11) In a memorandum dated November 18, 1993, Barbara Dillon, Director of Personnel, stated that Annie Ramos, Director of Parks, Recreation and Community Services, has requested that the position of Park Projects Coordinator be reinstated. The position reinstatement would generate a savings of $9,208 by deleting one Park Maintenance Worker I position and charging Park Projects Coordinator hours of work to the assessment districts and other non-general fund entities which receive services. Council Member Devlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the classification of Parks Project Coordinator be reinstated with the salary set at Range 1369, $2,794 to $3,397 per month. ESTABLISH TWO CATV PRODUCTION TELECOMMUNICATIONS DEPARTMENT TECHNICIAN POSITIONS- (12) In a memorandum dated November 19, 1993, Barbara Dillon, Director of Personnel, stated that as part of the plan to convert part-time positions to full-time positions, Frank Keller, CATV Manager, has requested that the classification of CATV Production Technician be established to handle a variety of production activities, including studio and field video directing, pre- production planning and program organization. Mr. Keller has recommended eliminating the position of Telecommunications Operations Coordinator which is currently vacant, and establishing two full-time CATV production Technicians. Funding for the two positions would come from available salary sav~ngs from the vacant position, and from additional monies transferred from the PrOfessional/Contractual account in the approved FY 1993/94 budget. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the classification of CATV Production Technician be established with a salary set at Range 1274, $1,739 - $2,114jmonth; that two (2) CATV Production Technicians be authorized in the Telecommunications Division's 1993-94 budget; that the position of Telecommunication Operations Coordinator, Range 2341, $2,430- $2,955/month, be deleted; that $23,823 be transferred from PrOfessional/Contractual Services to Personnel Services in the 1993-94 Telecommunications Division budget; and that the 9 12/6/93 Personnel Department be directed to update Resolution No. 6413, Sections Ten and Eleven, to reflect this particular action. CHANGE ORDER NO. THREE - LOWERING & REWIRING EXISTING TRAFFIC SIGNAL CONDUIT AT THREE LOCATIONS - CONTRACT INCREASE $8,081.16 PAVEMENT REHABILITATION- WATERMAN AVENUE, FROM BARTON ROAD TO REDLANDS BOULEVARD - E.L. YEAGER CONSTRUCTION CO., INC. (13) In a memorandum dated November 9, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that during the installation of the 33-inch reinforced concrete storm drain on Waterman Avenue and Caroline Street, the existing traffic signal conduit was found to be at a depth of three feet instead of the depth of 18 inches, as indicated on the plans. City standards require traffic signal conduit to be installed at a depth of 18 to 24 inches. In order to provide temporary service to the traffic signals while making the necessary modifications to the conduits, it was necessary for the contractor to reroute traffic signal wiring overhead. The total estimated project cost included an amount of $48,437.46 in contingencies which is available to fund the cost of this extra work. The Council expressed concern regarding the lack of a procedure which governs the approval of change orders. Council Member Hernandez made a motion, seconded by Council Member Negrete, that contract Change Order No. Three to the contract with E.L. Yeager Construction co., Inc., for the rehabilitation of pavement in Waterman Avenue, from Barton Road to Redlands Boulevard, in accordance with Plan No. 8869, be approved; to compensate contractor- for lowering and rewiring existing traffic signal conduit at three locations, at an increase in the contract price of $8,081.16, from $326,062.54 to $334,143.70; and that the Director of Public Works/City Engineer be directed to develop a change order procedure for review by the Legislative Review Committee. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Curlin. Absent: None. EXTEND INTERIM AGREEMENT CONTROL SERVICES CITY OF FONTANA ANIMAL (14) In a memorandum dated November 22, 1993, Deborah Biggs, Director of Animal Control, stated that on August 2, 1993, the city of San Bernardino and the City of Fontana entered into an interim animal control services contract which expires December 31, 1993. Because of the success of the interim contract, the 10 12/6/93 City provided a bid and was selected to continue to provide services for a three-year contract period, beginning January 1, 1994. Contract negotiations are in progress; however, Fontana's legal counsel has not prepared a draft contract. Fontana has requested that the interim contract be extended for a period not to exceed sixty days to allow adequate time to negotiate and prepare the agreement. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor be authorized to execute an extension to the interim animal control agreement with the City of Fontana for a period not to exceed sixty (60) days. AUTHORIZE PREPARATION CONTROL CONTRACT CITY OF FONTANA ANIMAL (15) In a memorandum dated November 19, 1993, Deborah Biggs, Director of Animal Control, stated that the city of San Bernardino Animal Control Division recently bid and was selected to provide animal care and control services for the city of Fontana for a period of three years, beginning January 1, 1994. The city has provided these same services on an interim basis since August 16, 1993. The Department of Animal Control would provide full service animal care and control to the City of Fontana, including stray animal control, animal licensing, bite case and rabies investigations, dead animal disposal, cruelty investigations, pet establishment inspections and after-hours emergencies. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the city Attorney be directed to prepare the appropriate resolution and agreement for a three (3) year animal control contract with the city of Fontana. PERSONNEL ACTIONS SEE PAGE 40 DISCUSSED LATER IN THE MEETING- (17) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the personnel actions submitted by the Chief Examiner, dated November 18, 1993, in accordance with civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified, with the exception of General Fund Item Nos. Three through Eight, Paramedic/Firefighter. (Note: There was no vote taken. ) Discussion ensued regarding the process for granting higher- acting classification status to employees. 11 12/6/93 Shauna Clark, City Administrator, explained the process for granting higher-acting classification status to employees. Council Member Hernandez made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated November 18, 1993 in accordance with civil Service Rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified, with the exception of Unclassified Item Nos. One, Two and Three, and General Fund Item Nos. Three through Eight, which are continued to later in the meeting. RES. 93-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC. RELATING TO TREE TRIMMING SERVICES. (18) Shauna Clark, city Administr-ator, explained that this contract would supplement City tree trimming crews. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that the city Administrator be authorized to transfer funding in the amount of $70,700 from Street Tree Maintenance, Personnel Services to Street Tree Maintenance, PrOfessional/Contractual Services. The motion carried, and Resolution No. 93-435 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-436 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH MAILSORT, INCORPORATED, FOR PRESORT MAIL SERVICES. (19) Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested that Roger's Bindery perform these services in order to payoff its delinquent loan to the Economic Development Agency. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-436 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. 12 12/6/93 RES. 93-437 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF AN 800 MHZ TRUNKED RADIO COMMUNICATIONS SYSTEM INCLUDING DISPATCH EQUIPMENT AND PORTABLE RADIOS. (20) RES. 93-438 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A LEASE/PURCHASE EQUIPMENT AGREEMENT WITH MOTOROLA, INC. FOR THE LEASE PURCHASE FINANCING OF THE 800 MHZ TRUNKED RADIO COMMUNICATIONS SYSTEM INCLUDING DISPATCH EQUIPMENT AND PORTABLE RADIOS. (21) RES. 93-439 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MHZ RADIO COMMUNICATIONS SYSTEM. (22) Fred wilson, Assistant City Administrator, explained the need for, and the proposed financing plan for the 800 MHZ (megahertz) radio communication system. Concern was expressed regarding the cost to convert to the 800 MHZ communication system. Shauna Clark, city Administrator, answered questions regarding the need for the 800 MHZ communication system and the proposed financing plan. A discussion ensued regarding how the proposed 800 MHZ system would improve the City's communication system. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 93-437, 93-438, and 93-439 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RES. 93-440 AWARDING A DELIVERY OF - RESOLUTION OF PURCHASE ORDER TWO CNG VANS. THE CITY OF TO ANAHEIM SAN BERNARDINO DODGE FOR THE (24) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-440 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 13 12/6/93 RES. 93-441 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING A NEW ALTERNATE DELEGATE TO THE SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE. (25) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 93-441 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-442 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF SAN BERNARDINO, ANNEXATION TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENTS FROM THE CENTRAL VALLEY FIRE PROTECTION DISTRICT FOR THE TERRITORY GENERALLY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD, SOUTHEASTERLY OF DEVORE ROAD, DESIGNATED LAFCO 2758. (Discussed later in the meeting) (See page 15) (29) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-442 was adopted 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 10:16 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:26 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 "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, Hernandez, Oberhelman, Devlin, Pope-LUdlam, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Curlin. --- 14 12/6/93 RECONSIDER - RES. 93-442 - A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF SAN BERNARDINO, ANNEXATION TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENTS FROM THE CENTRAL VALLEY FIRE PROTECTION DISTRICT FOR THE TERRITORY GENERALLY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD, SOUTHEASTERLY OF DEVORE ROAD, DESIGNATED LAFCO 2758. (Discussed earlier in the meeting) (see page 14) (29) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the matter be reconsidered. The motion carried by the following vote: Ayes: Council Members Hernandez, Oberhelman, Devlin, Miller. Nays: Council Members Negrete, Pope-Ludlam. Absent: Council Member Curlin. COUNCIL MEMBER CURLIN RETURNED At 10:26 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to this annexation. Council Member Oberhelman made a motion, seconded by Council Member Devlin, to ratify the previous action taken to adopt Resolution No. 93-442. 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. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY WITHIN THE CITY - UNCOLLECTED BUSINESS REGISTRATION FEES (31) 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 November 18, 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 resolution should be amended to delete the following addresses: 2094 East 19th Street, 1600 South Camino Real Street, 2024 East Sunrise Lane, 1945 victoria Avenue, 5105 Louise Street, 1070 North Bobbett Drive, 953 West 11th Street, and 989 West Olive Street. Mayor Minor opened the hearing. 15 12/6/93 RES. 93-443 - 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. (31) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the hearing be closed. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted, and that Exhibit "A" be amended by deleting the following addresses: 2094 East 19th Street, 1600 South Camino Real street, 2024 East Sunrise Lane, 1945 victoria Avenue, 5105 Louise Street, 1070 North Bobbett Drive, 953 West 11th Street, and 989 West Olive Street. Resolution No. 93-443 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED At 10:31 a.m., Council Member Hernandez left the council meeting. PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 23- ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE & TIPPECANOE AVENUE (32) This is the time and place set for a public hearing to consider creating Underground utility District No. 23, generally located along portions of orange Show Road, between Arrowhead and Tippecanoe Avenues. In a memorandum dated November 17, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Underground Utility District Committee recommended the formation of Underground Utility District No. 23, at its meeting of May 5, 1993. Some utility companies are required by Rule 20 of the Public utilities commission to set aside a portion of their revenues to finance the cost of undergrounding overhead utilities within districts established by local agencies. Each agency is allocated funds based upon the total number of overhead services within the agency's boundaries. The Underground Utility Committee reviews and designates areas proposed for the establishment of a district. 16 12/6/93 property owners within the district are required to complete the undergrounding from their property lines to the service points at their own cost. No City funds are required for this project. The formation of this district was proposed as a result of the proposed extension of orange Show Road, which would have required that the utility lines and poles be relocated to accommodate construction. The formation of this district would allow the utilities to be placed underground using Rule 20 allocations, in lieu of relocation. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed opposition to the homeowners paying to underground the utility lines, and recommended that the Inland Valley Development Agency pay for the undergrounding of the utility lines. Daniel Green, 540 pioneer Road, San Bernardino, CA, expressed opposition to the homeowners paying to underground the utility lines, and recommended that the city or Southern California Edison pay for the undergrounding of the utility lines. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carr-ied, that the public hearing be closed, and protests, if any, be overruled. COUNCIL MEMBER HERNANDEZ RETURNED At 10:36 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Concern was expressed that the cost to underground these utility lines could be a financial hardship for the homeowners. RES. 93-444 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 23, GENERALLY LOCATED ALONG PORTIONS OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (32) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-444 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the fOllowing vote: Hernandez, Oberhelman, Absent: None. 17 12/6/93 PUBLIC MEETING - UNDERGROUND UTILITY DISTRICT - PORTIONS OF 5TH, 6TH, 7TH, "F", "G" & "H" NO. 22- STREETS (33) This consider located Streets. is the time and place set for a public meeting to creating Underground Utility District No. 22, generally along portions of 5th, 6th, 7th, "F", "G", and "H" In a memorandum dated November 22, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that the Underground utility District Committee recommended the formation of Underground Utility District No. 22, at its meeting of May 5, 1993. Mayor Minor opened the public meeting. Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked what type of project is going to be done in this area. Council Member Oberhelman made a motion, seconded by Council Member DeVlin, and unanimously carried, that the public meeting be closed, and protests, if any, be carried over to the public hearing. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that a public hearing to consider creating Underground utility District No. 22 be held on December 20, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-445 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (34) Gwendolyn Roberts, District Director, Metropolitan Opera National Council Auditions, Western Region, 1898 Genevieve Street, San Bernardino, CA, explained how the Opera successfully promotes local artists, and how the fine arts funding is used. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $3,000. (Note: There was no vote taken.) Shauna Clark, City Administrator, answered questions regarding the Fiscal Year 1993/94 Fine Arts funding allocations. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $2,500. 18 12/6/93 ~, The motion carried, and Resolution No. 93-445 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: council Member Oberhelman. Absent: None. RES. 93-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (35) Council Member Hernandez made a motion that the Prime Time Choraliers receive no fine arts funding for Fiscal Year 1993/94. The motion failed for lack of a second. Scot Neudorff, 1660 West Kendall Drive, #99, San Bernardino, CA, spoke in support of increasing fine arts funding to the Prime Time Choraliers. Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $2,500. (Note: The vote was taken after discussion.) Bill Rice, 7454 sterling Avenue, San Bernardino, CA, answered questions regarding how the fine arts funding is used. Council Member Negrete made a substitute motion that said resolution be adopted at a funding level of $1,000. The motion failed for lack of a second. Council Member Devlin's motion carried, and Resolution No. 93-446 was adopted at a funding level of $2,500 by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Abstain: Council Member Hernandez. Absent: None. RES. 93-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (36) Lois Carson, Cultural Arts Committee, National Council of Negro Women, Inc., P.O. Box 6655, San Bernardino, CA, explained how the fine arts funding is used. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $6,000. (Note: There was no vote taken.) 19 12/6/93 council Member Hernandez made a substitute motion, seconded by Council Member Miller, that said resolution be adopted at a funding level of $5,000. (Note: There was no vote taken.) Scot Neudorff, 1660 West Kendall Drive, #99, San Bernardino, CA, expressed concern that the Council has not ratified the Fine Arts Commission's funding recommendations. Discussion ensued regarding how best to allocate the limited Fine Arts funding available in Fiscal Year 1993/94. council Member Curlin made a substitute motion, seconded by Council Member Oberhelman, that said resolution be adopted at a funding level of $5,800. The motion carried, and the following vote: Ayes: Devlin, Pope-ludlam. Nays: Miller. Absent: None. Resolution No. 93-447 was adopted by Council Members Curlin, Oberhelman, Council Members Negrete, Hernandez, RES. 93-448 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (37) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted at a funding level of $10,000. Charles Bradley, 1627, San Bernardino, fine arts funding. President, Canto Bello Chorale, P.O. Box CA, thanked the Mayor and Council for the The motion carried, and Resolution No. 93-448 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Abstain: Council Member Curlin. Absent: None. RES. 93-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (38) Council Member Hernandez made a motion, seconded Member Miller, that said resolution be adopted at level of $10,000. by Council a funding The motion carried, and Resolution No. 93-449 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Devlin, Pope-LUdlam, Miller. Nays: Council Members Curlin, Oberhelman. Absent: None. 20 12/6/93 RES. 93-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (39) Kei th stava, San Bernardino civic Light Opera Association, P.O. Box 606, San Bernardino, CA, thanked the Mayor and Council for the fine arts funding. Council Member Oberhelman made a motion, seconded Member Curlin, that said resolution be adopted at level of $44,000. by Council a funding The motion carried, and Resolution No. 93-450 was adopted by the following vote: Ayes: Counci 1 Members Curlin, Oberhelman, Devlin, Pope-LUdlam, Miller. Nays: Council Members Negrete, Hernandez. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:29 a.m., Council Member Pope-Ludlam left the Council meeting. RECONSIDER - INITIATE DEVELOPMENT CODE AMENDMENT OFF-SITE ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE REQUIREMENTS COUNCIL MEMBER HERNANDEZ CONTINUED FROM NOVEMBER 1, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 33 (40) This is the time initiating a Development Alcoholic Beverage Control and place continued to reconsider Code Amendment regarding off-site license requirements. RECONSIDER - APPEAL OF PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 93-01 484 SOUTH RANCHO AVENUE - CONVENIENCE MARKET - CONTINUED FROM NOVEMBER 1, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 33 (41) This is the time and place continued to reconsider an appeal of the Planning commission's denial of Conditional Use Permit No. 93-01. In a memorandum dated December 2, 1993, Deputy city Attorney Empeno stated that on September 20, 1993, the Mayor and Council denied the appeal of the Planning commission's denial of Conditional Use Permit No. 93-01 which sought to upgrade an Alcoholic Beverage Control (ABC) 1 icense to sell liquor at an existing convenience market. The conditional use permit application did not meet the distance requirements in the Development Code which among other conditions, prOhibits businesses requiring issuance of an off-site ABC license from 21 12/6/93 being located within 100 feet of any property designated for residential use or used for residential purposes. The subject market is located next door to an existing single-family residence. Although the subject market currently sells beer and wine as an existing legal nonconforming use, any expansion of this use must conform to the De'velopment Code. Thus, the Development Code distance requirements must be amended in order for the subj ect condi tiona 1 use permit to be approved. The "fairness" of this rule has been questioned given that just across the street from the subject market is a similar use within another City which is permitted to sell liquor. staff believes that a Development Code Amendment may be initiated which would allow approval of Conditional Use Permit No. 93-01. Such a Development Code Amendment would allow approval of Conditional Use Permit No. 93-01, although the site is within 100 feet of residential property, providing that three additional conditions are met: the application is for the expansion of an existing legal nonconforming use; the site is within 100 feet of an existing business with the same use located outside the City; and the applicant submits a written statement of non-opposition to the appl ication for the conditional use permit which is signed by all property owners, and tenants of parcels, within a radius of 100 feet. It was the consensus of the Council that Item Nos. 40 and 41 be continued to later in the meeting. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:30 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PROPOSED CITY FIRE DEPARTMENT EMERGENCY SERVICES - CONTINUED FROM NOVEMBER 1, 1993 TRANSPORT (42) This is the time and place continued to consider the proposed city Fire Department Emergency Transport Services. In a letter dated November 22, 1993, Joseph Morales, M.D., MPA, Director of the State of California Emergency Medical Services Authority, 1930 9th Street, Suite #100, Sacramento, CA, stated that while the dispute between the City and County of San Bernardino, pertaining to emergency ambulance services, is in its appeal stage, an agreement must be reached to ensure uninterrupted provision of paramedic services. Without an agreement, individual paramedic certification is in jeopardy. In a memorandum dated December 2, 1993, Ronald Skipper, Attorney at Law, 323 West Court Street, San Bernardino, CA, stated that for the past two and a half years, a dispute has existed between the City and Courtesy Ambulance which both provide paramedic service within the City limits. The dispute 22 12/6/93 has not been resolved, and citizens are often receiving two separate paramedic bills. In an effort to resolve the dispute, both parties agreed to allow Ronald Skipper to review the issues, and meet with representatives of both agencies. Good faith efforts on both sides have not resulted in a resolution of the issues involved in the delivery and billing for emergency medical services, and the development of a written protocol. It has become evident that the two agencies positions are so far apart that a meaningful settlement proposal cannot be achieved. Mayor Minor stated that a meeting has been scheduled with Dr. Morales to resolve these issues. council Member Oberhelman made a motion, seconded by Council Member Devlin, to continue the matter to January 10, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The motion Members Curlin, Members Negrete, carried by the following vote: Oberhelman, Devlin, Miller. Hernandez, Pope-Ludlam. Absent: Ayes: Nays: None. Council Council Council Member Curlin changed his affirmative vote to a negative vote. The Members Negrete, motion failed by the following vote: Ayes: Oberhelman, Devlin, Miller. Nays: Council Curlin, Hernandez, Pope-Ludlam. Absent: None. Council Members Council Member Oberhelman made Member Devlin, and unanimously continuance of the matter. a motion, carried, seconded by Council to reconsider the Discussion ensued regarding the certification of City Paramedic/Firefighters. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the matter be continued to December 20, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. (Note: The vote was taken after discussion. ) Jeff opposition dispute. Wright, P.O. Box 2341, San Bernardino, CA, voiced to continuing the matter, and urged resolution of the city Administrator Clark explained that the issues involved are very complex, and that staff needs time to review the proposal submitted by Mr. Rice. Discussion ensued regarding the need to resolve the dispute with Courtesy Ambulance and whether to continue the matter. 23 12/6/93 Mr. steve Rice, Chief Executive Officer, Courtesy Ambulance, 338 West 7th Street, San Bernardino, CA, agreed to a two-week continuance of the matter. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Nays: None. Absent: None. Ayes: Counci 1 Devlin, Pope- 9/80 WORK WEEK PLAN SCHEDULE IMPLEMENT ALTERNATE WORK WEEK ( 43) In a memorandum dated November 18, 1993, Barbara Dillon, Director of Personnel, stated that the City has conducted meet and confer sessions on alternate wor-k schedules with the General, Mid-Management and Management/Confidential employees and has reached an agreement with the bargaining units on the proposed 9/80 work plan, subject to approval by the Mayor and Council. If implementation of a 9/80 work plan is approved, implementation for City Hall would commence on January 31, 1994. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the 9/80 work plan for City Hall and participating departments be authorized to begin effective January 31, 1994, per the attached staff report and Exhibits A and B. (Note: There was no vote taken.) "- city Administrator Clark explained the positive aspects of the proposed 9/80 work plan, and explained that the proposed plan has the support of the employee unions. Discussion ensued regarding the positive and negative aspects of the proposed 9/80 work plan. Jeff Wr ight, P.O. Box 2341, San Bernardino, CA, spoke in support of the proposed 9/80 alternate work week. City Attorney Penman explained that the 9/80 alternative work week program would be evaluated at the end of one year, and the Council can continue or terminate the program at that time. Sam catalano, 295 Carousel Mall, San Bernardino, CA, expressed concern that the alternate work week plan could have a negative impact on businesses in the downtown area. Discussion continued regarding the positive and negative aspects of the proposed 9/80 work plan. Barbara Dillon, Director of Personnel, explained that the proposed alternate work week progr-am would not be implemented until January 31, 1994, allowing time to advertise the change in ci ty Hall hours. 24 12/6/93 City Attorney Penman explained that the proposed alternate work week would reduce the number of vehicles in the downtown area. Malcolm Simmons, San Bernardino Public Employees Association, (SBPEA), 433 North Sierra Way, San Bernardino, CA, expressed support for the proposed 9/80 alternate work week program. Discussion continued regarding the possible posi ti ve and negative aspects of the proposed 9/80 work plan. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that the matter be referred to the Legislative Review Committee, and to return on December 20, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The Members Negrete, motion failed by the following vote: Ayes: Hernandez, DeVlin, Miller. Nays: Council Curlin, Oberhelman, Pope-Ludlam. Absent: None. Council Members Council Member Pope-Ludlam requested that the vote be retaken as she wanted to change her vote. The motion carried by the following vote: Ayes: Members Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Members Negrete, Curlin, Oberhelman. Absent: None. Council Council WAIVE FEE - USE OF BLEACHERS & TRAILER STAGE - $715- CHRISTMAS SHOW - SAN MANUEL INDIAN BINGO (44) In a memorandum dated November 30, 1993, Annie Ramos, Director of Parks, Recreation and Community services, stated that San Manuel Indian Bingo has requested the use of four sets of bleachers and the portable trailer stage for their First Annual Christmas Show and the waiver of $715 in fees. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the request to waive the fees for use of bleachers and trailer stage in the amount of $715, be approved. (Note: There was no vote taken.) City Attorney Penman explained that this organization may not be eligible for a waiver of fees, as it has not been established that it is a non-prOfit organization. Council Member Oberhelman made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to December 20, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. 25 12/6/93 RECESS MEETING At 12:16 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 "D" Street, San Bernardino, California, to discuss the San Bernardino Ad Hoc Baseball Stadium Commission report, and the mobile home conversion proposal. RECONVENE MEETING - LUNCHEON WORKSHOP (45 & R-23) At 12:34 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Vale, City Administrator Shauna Clark. Absent: None. Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Development Department, Economic Development Agency; Deputy city Attorney Empeno, City Attorney's Office; Assistant city Administrator Wilson. Also present from the San Bernardino Ad Hoc Baseball stadium commission: Charles Terrell, Jr., Lois Carson, Richard Bennecke, Nick Coussoulis, Gil Lara, and Pat Norval. SAN BERNARDINO AD HOC BASEBALL REPORT STADIUM COMMISSION (45) In a memorandum dated November 23, 1993, Mayor Minor stated that an Ad Hoc Baseball Stadium commission has been established to formulate a plan for development of a new Baseball Stadium with the capacity to bring a Triple-A team to San Bernardino; to search for a logistically practical site for a baseball stadium; to identify potential funding sources other than City funds; to cause to be prepared, plans for a baseball stadium that would accommodate approximately 4,000 to 5,000 seats, with the capacity to expand to 10,000 seats; to identify and evaluate potential partnership concepts for owning and operating the facility; and to prepare a plan to secure a minor league team, and explore the possibility of attracting a Triple-A team. In the Baseball Stadium Commission site and Feasibility Report dated December 1, 1993, Charles Terrell, stated that to keep professional minor league baseball in San Bernardino, certain minimum facility requirements must be met. Unfortunately, Fiscalini Field no longer meets these 26 12/6/93 requirements. Recognizing the tenuous hold this City has on the San Bernardino Spirit Single-A minor league organization, Mayor Minor invited a group of local business and development leaders to look at the feasibility of building a new stadium to meet the Professional Baseball Association (PBA) standards. The Commission looked at eight sites within the City: the Rancon parcel at Tri-City; Orange Show property; Central city South project area; Water Department property in Verdemont; Norton Air Force Base; County Flood Control property west of the Auto Plaza; Meadowbrook Dairy; and the current facility at Fiscalini Field. These sites were evaluated using the following criteria: freeway visibility and access; traffic circulation; parking; non-residential area; public safety; minimum size of thirty-five acres; financial feasibility; and community impact and benefit. The Commission has narrowed the possible site down to the three top choices: Central City South redevelopment project area; the Orange Show property; and the County Flood Control property west of the Auto Plaza. It is estimated that a 5,000 seat stadium would cost approximately $5 to $6 million. To expand the stadium to a multi-use sport facility would cost approximately an additional $275,000. The Commission recommended the Orange Show site as the most financially sound and expedient location; that negotiations begin with the Orange Show as soon as possible to determine if a mutually beneficial arrangement can be reached. Due to limited time construction must begin by June 1, 1994, for a stadium to be ready for play in April, 1995. The Commission further recommended that the city utilize tax-exempt financing to assure the lowest interest rate, fund $2 million of the construction costs, and pursue a plan to pay back this amount in fifteen years by structuring a user fee of $.50 per ticket and a program to establish private donations, sponsorship sales, and revenue sharing from luxury boxes and parking, with the remaining construction costs financed from 5% unrestricted funds of a bond issue to accommodate the remaining $3 to $4 million needed for the stadium. Charles Terrell explained the recommendations made by the Ad Hoc Baseball Stadium Commission, and answered questions regarding the recommendations. Discussion ensued regarding the best location for a baseball stadium, how the construction could be financed, and the positive and negative options of each proposal. CITY CLERK RACHEL CLARK ARRIVED At 12:50 p.m., City Clark Rachel Clark arrived at the luncheon workshop. 27 12/6/93 Jeff Wright, P.O. Box 2341, San Bernardino, CA, recommended that the proposed stadium be covered to allow events to be held under any weather conditions. Discussion continued regarding the best location for a baseball stadium, how the construction could be financed, and the positive and negative options of each proposal. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:04 p.m., Council Member Pope-Ludlam left the luncheon workshop. Francine Wixen, CCIM, Golwix Properties, 3957 Sierra Way, San Bernardino, CA, recommended that the proposed baseball stadium be located wi thin the Central City South redevelopment project area in an effort to improve the area. There was no action taken on this item during this meeting. COMMUNITY DEVELOPMENT COMMISSION REGULAR LUNCHEON WORKSHOP At this time, the Mayor and Common council, Community Development Commission, discussed Development Commission mobile home park conversion MEETING- (R-23) acting as the the Community proposal. COUNCIL MEMBER At 1:20 p.m., workshop. HERNANDEZ EXCUSED Council Member Hernandez left the luncheon COUNCIL MEMBER At 1:27 p.m., workshop. OBERHELMAN EXCUSED Council Member Oberhelman left the luncheon COUNCIL MEMBER CURLIN EXCUSED At 1:28 p.m., Council Member- Curlin left the luncheon workshop. LACK OF A QUORUM At 1:28 p.m., there was no longer a quorum present at the meeting, and the discussion continued for informational purposes only. There was no action taken on this item during this meeting. RECESS MEETING At 1: 36 p. m., Mayor Minor recessed the meeting until 2: 00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the 28 12/6/93 council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Deputy city Attorney Empeno, City Clerk Rachel Clark. city Administrator Shauna Clark. with the Negrete, Miller; Absent: PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-09- ALLOW CHAIN LINK FENCING - ALL LAND USE DESIGNATIONS- NOT VISIBLE FROM A PUBLIC STREET (46) This is the time and place set for a public hearing to consider Development Code Amendment No. 93-09 to allow chain link fencing in all land use designations, when not visible from a public street. Mayor Minor opened the hearing. Lazaro Perez, 1308 Stoddard, San Bernardino, CA, spoke in opposition to Development Code Amendment No. 93-09, which would prohibit the construction of chain link fencing in the front yard of his property. Al Boughey, Director explained the Development link fencing. of Planning and Code requirements Building relative Services, to chain Discussion ensued regarding the need allowing chain link fencing on properties in other properties have chain link fencing. to be flexible in neighborhoods where Deputy City Attorney Empeno explained under what conditions chain link fencing would be permitted pursuant to Development Code Amendment No. 93-09. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to Development Code Amendment No. 93-09. COUNCIL MEMBER At 2:23 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the council ORD. MC-889 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. Final (46) 29 12/6/93 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. COUNCIL MEMBER At 2:24 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-889 was adopted by the fOllowing Ayes: Council Members Curlin, Oberhelman, Devlin, Miller. Council Members Negrete, Hernandez, Pope-Ludlam. Absent: vote: Nays: None. APPEAL - PLANNING COMMISSION APPROVAL - TENTATIVE TRACT NO. 15494 & CONDITIONAL USE PERMIT NO. 92-34- SUBDIVIDE TWO PARCELS INTO EIGHT LOTS & CONSTRUCT SEVEN SINGLE-FAMILY DWELLING UNITS - RESIDENTIAL LOW LAND USE DESIGNATION EASTERLY SIDE OF GRANDE VISTA AVENUE- 300 FEET SOUTH OF EDGEMONT DRIVE CONTINUED FROM NOVEMBER 1, 1993 (47) This is the time and place continued to consider an appeal of the Planning Commission's approval of Tentative Tract No. 15494, and Conditional Use Permit No. 92-34, a proposal 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. Mayor Minor opened the hearing. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to January 24, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT - AMEND GENERAL STANDARDS & ADD STATE TRANSPORTATION CONTROL MEASURES NO. 93-13 MANDATED (48) This is the time and place set for a public hearing to consider Development Code Amendment No. 93-13 to amend Development Code Section 19.20.030, General Standards, adding State mandated Transportation Control Measures (TCM) as Subsection 26, and renumbering existing Subsections 26 and 27 as Subsection 27 and 28 respectively. In a memorandum dated November Director of Planning and Building Development Code Amendment No. 93-13 18, 1993, Al Boughey, services, stated that is consistent with the 30 12/6/93 General Plan which encourages the use of alternative modes of transportation, other than private automobiles. The General Plan requires that Transportation Demand Management (TDM) objectives be incorporated into the project review process. General Plan Amendment No. 93-13 is exempt from the California Environmental Quality Act (CEQA) because it implements state legislated measures designed to reduce vehicle trips, a~r pollutants, and improve air quality. The Planning Commission, at its November 16, 1993 meeting, recommended approval of Development Code Amendment No. 93-13. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in support of the transportation control measures. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 19.20.030 OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 DEVELOPMENT CODE) TO ADD STATE MANDATED TRANSPORTATION CONTROL MEASURES AS SUBSECTION 26 AND RENUMBERING EXISTING SUBSECTIONS 26 AND 27 AS SUBSECTIONS 27 AND 28 RESPECTIVELY. First (48) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinance be laid over for final adoption. PUBLIC HEARING NO. 93-07 PERMITS & YEARS - ADDENDUM TO DEVELOPMENT CODE AMENDMENT EXTEND INITIAL TERM CONDITIONAL USE DEVELOPMENT PERMITS FROM ONE YEAR TO TWO (49) This is the time and place set to consider an Addendum to Development Code Amendment No. 93-07 to extend the initial term of conditional use permits and development permits from one year to two years. In a memorandum dated November 18, 1993, Al Boughey, Director of Planning and Building Services, stated that when Development Code Amendment No. 93-07 was adopted, it did not include the provisions to extend the initial term of conditional use permits and development permits from one to two years. The Planning Commission reviewed Development Code Amendment No. 93- 07, which included this proposal, at its October 5, 1993 meeting and recommended approval. Mayor Minor opened the hearing. 31 12/6/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO EXTEND THE INITIAL TERM OF CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS FROM ONE YEAR TO TWO YEARS. First (49) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinance be laid over for final adoption. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 93-02- ALLOW AUTO BODY WORK & PAINTING - COMMERCIAL GENERAL LAND USE DESIGNATION WITH A CONDITIONAL USE PERMIT (50) This is the time and place set for a public hearing to consider General Plan Amendment No. 93-02, to permit auto body work and vehicle painting in the CG-1, Commercial General land use designation, with approval of a conditional use permit. In a memorandum dated November 18, 1993, Al Boughey, Director of Planning and Building services, stated that General Plan Amendment No. 93-02 would allm" the related revision to the Development Code relating to auto related uses, such as auto body work and painting in the CG-1, Commercial General land use designation to be implemented. The Environmental Review Committee (ERC) reviewed General Plan Amendment No. 93-02 at its September 9, 1993 meeting and recommended adoption of a negative declaration. The Planning commission reviewed General Plan Amendment No. 93-02 at its November 3, 1993 meeting, and recommended adoption of the negative declaration and adoption of General Plan Amendment No. 93-02. Mayor Minor opened the hearing. RES. 93-451 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (50) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 32 12/6/93 Resolution No. 93-451 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Curlin. Absent: None. RECONSIDER - APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 93-01 484 SOUTH RANCHO AVENUE - CONVENIENCE MARKET - CONTINUED FROM NOVEMBER 1, 1993 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 21 (41) This is the time and place continued to reconsider an appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01. City Clerk Rachel Clark read the two recommended motions from the December 2, 1993, memorandum prepared by Deputy City Attorney Empeno. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to approve reconsideration of the matter; and notice a public hearing for Conditional Use Permit No. 93-01, concurrently with the Mayor and Council's hearing on the Development Code Amendment. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-LUdlam. Nays: Council Members DeVlin, Miller. Absent: None. RECONSIDER INITIATE DEVELOPMENT CODE AMENDMENT- OFF-SITE ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE REQUIREMENTS COUNCIL MEMBER HERNANDEZ CONTINUED FROM NOVEMBER 1, 1993 DISCUSSED EARLIER IN THE MEETING - SEE PAGE 21 (40) This is the time initiating a Development Alcoholic Beverage Control and Code (ABC) place continued to reconsider amendment relative to off-site license requirements. City Clerk Rachel Clark explained that the reconsideration of this matter was granted at the Mayor and Council meeting of October 4, 1993. Deputy City Attorney Empeno answered questions regarding the Development Code requirements for businesses that hold Alcoholic Beverage Control licenses. Council Member Hernandez made a motion, seconded by Council Member Pope-LUdlam, to initiate a Development Code Amendment regarding off-site Alcoholic Beverage Control (ABC) license requirements as outlined in a memorandum from Henry Empeno, Deputy city Attorney, dated December 2, 1993, with the necessary 33 12/6/93 fees to be paid by the applicant, Mr. Robbin. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. RECESS MEETING At 2:50 p.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 3:03 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. Absent: city Administrator Shauna Clark. RECESS MEETING - CLOSED SESSION At 3:03 p.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the b. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation. CLOSED SESSION At 3:03 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. Absent: City Administrator Shauna Clark. Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Development Department, Economic Development Agency; Tim Sabo, Sabo & Green, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA, special counsel to the Economic Development Agency. 34 12/6/93 SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 3:06 p.m., Senior Assistant city Attorney Barlow arrived at the closed session. ADJOURN CLOSED SESSION At 3:42 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 3:42 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. Absent: city Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:42 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. RES. 93-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTACT TO ALL PRO MASONRY, A.J.V. FOR INSTALLATION OF TUBULAR STEEL FENCING AT MILL COMMUNITY CENTER. (R-5) Council Member Oberhelman made a motion, seconded by Council Hernandez, that said resolution be adopted. Resolution No. 93-452 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the fOllowing vote: Hernandez, Oberhelman, Absent: None. EMMERTON SCHOOL PROGRAM (R-U) In a memorandum dated December 2, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that one component of the Arden-Guthrie focus neighborhood revitalization strategy is the continued support and development of the Emmerton pre-SChool program. Parents and children who participate in this program are residents of the Arden-Guthrie focus neighborhood; however, Emmerton School does not have adequate facilities to provide necessary pre-school and GED programs for these residents. 35 12/6/93 Emmerton School has requested that four modular buildings be acquired, relocated and installed to provide additional classroom and office space. This proposal would cost approximately $60,000 in Community Development Block Grant (CDBG) monies previously allocated for the focus neighborhood program. council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Council approve the Emmerton pre-school proposal regarding the acquisition of modular building units, approve the utilization of $60,000 in available Community Development Block Grant (CDBG) program funds, and authorize the Mayor and Executive Director to execute any documents necessary to effectuate said transaction. COUNCIL MEMBER CURLIN EXCUSED At 4:40 p.m., Council Member Curlin left the Council meeting. RES. 93-453 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE EXECUTION OF A FOURTH AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMMERCE CENTER. (R-9A) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. The motion failed by the following vote: Members Oberhelman, Pope-Ludlam, Miller. Nays: Negrete. Abstain: Council Members Hernandez, Council Member Curlin. Ayes: Council Council Member Devlin. Absent: COUNCIL MEMBER CURLIN RETURNED At 4:42 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be reconsidered. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-453 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Negrete. Abstain: Council Members Hernandez, Devlin. Absent: None. 36 12/6/93 RES. 93-454 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 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA OF THE AGENCY. (R-12A) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-454 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. OPTION HOUSE TRANSITIONAL HOUSING - CHANGE ORDER (R-13) In a memorandum dated November 22, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that a double-wide mobile home has been secured to replace one unit that was vandalized during storage prior to site placement. Rehabilitation costs for the vandalized unit, and relocation costs for the donated unit, are approximately $20,000. A change order is required to cover the rehabilitation work, and staff recommends a change order be authorized for $26,000 to allow any unforeseen expenses to be covered. It is anticipated that the project would be completed by December 17, 1993. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimOUSly carried, that the Mayor and Common Council approve $26,000 in Low/Mod funds for Option House Transitional Housing to complete the project by covering additional costs required by the installation of a donated replacement unit and change orders that resulted therefrom, as well as a change order for rehabilitation of a second unit. PUBLIC HEARING STRATEGY (CHAS) COMPREHENSIVE HOUSING AFFORDABILITY (R-14) This is the time and place set for a public hearing to consider the Comprehensive Housing Affordability Strategy. In a memorandum dated November 24, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that the federal government requires that each State and local government prepare a new Comprehensive Housing Affordability Strategy (CHAS) for the period 1994-1998. This federal requirement presents an opportunity to re-evaluate housing needs, and to reassess the priorities, programs, resources and organizational structures necessary to meet future housing needs. The comprehensive Housing Affordability strategy dated December 1, 1993, contains three components: Community Profile: 37 12/6/93 a description of population characteristics and housing market condi tions wi thin the City; and the housing needs of low and moderate income families, homeless families, and others with special needs who require supportive services. Five Year strateqy: summarizes the City's priorities, programs, resources and organizational structure developed to increase housing opportunities based on needs identified in the Community Profile section. One Year Action plan: specific plans and programs designed to meet identified housing needs for the period October 1, 1993 through September 20, 1994. The City has many important and often competing priorities and housing needs that must be addressed. The four most significant housing needs identified are: overpayment, affordability (cost burden); physical condition, inadequacies; promotion of home ownership (owner occupied vs. absentee landlord); and homelessness. In order to ensure effective and successful management in meeting housing needs, the following priorities have been established: preservation and rehabilitation of affordable housing stock, emphasizing single family units; assist low income first-time home buyers with the purchase of affordable permanent housing; expansion of affordable housing opportunities for low income large families, primarily through new construction; provide r-ental assistance to very low income households; and assist homeless and special needs persons with supportive service programs. Chairman Minor opened the hearing. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Pope-LUdlam, and unanimously carried, that the Mayor and Council receive and file the Comprehensive Housing Affordability strategy (CHAS) document, and authorize staff to submit the document to the U.s. Department of Housing and Urban Development. PUBLIC HEARING U. S. DEVELOPMENT (HUD) 108 PLAZA SHOPPING CENTER DEPARTMENT OF HOUSING & URBAN LOAN APPLICATION WEST SIDE (R-15) This is the time and place set consider the U.S. Department of Housing Loan Application for the West Side Plaza for a pUblic hearing to and Urban Development 108 Shopping Center. In a memorandum dated November 24, 1993, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that Section 108 of the Housing and Community Development Act of 1974 authorized a program of community development loan guarantee assistance (HUD 108 Loan). Under this 38 12/6/93 program, the Department of Housing and Urban Development (HUD) provides cities that receive entitlement grants with financing for large scale community and economic development projects that cannot be financed from annual grants. The projects financed under the section 108 Program must either benefit low and moderate income persons, aid in the elimination or prevention of slums and blight, or meet other community development needs having a particular urgency. The West Side Plaza Shopping Center is located in a low income area that serves and benefits low and moderate income residents in the surrounding area through its provision of goods and services; by providing a stabilizing structure that assists in eliminating, reducing, or neutralizing slum and blighting conditions; by retaining the 152 existing jobs, and assisting in meeting the goal of creating 90 new jobs. The West Side Plaza is financed jointly by private, federal, county, and local agencies. There is a gap of $500,000 between the developer's construction loan and the funds necessary for the project to proceed. Staff recommends that the $500,000 deficit be funded through a HUD Section 108 loan, to enable the developer to provide a prudent positive cash flow, with appropriate reserves. Approval of the recommended financing strategy would assure adequate cash flow to service the center's forecasted obligations and mitigate any downturns throughout the financing term. Chairman Minor opened the hearing. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve the U.S. Department of Housing and Urban Development (HUD) Section 108 loan application for the West Side Plaza project; that the Mayor and Executive Director be authorized to execute all necessary documents; and that staff be authorized to submit to HUD said Section 108 loan application. CITY CLERK RACHEL CLARK EXCUSED At 5:20 p.m., City Clerk Rachel meeting and was replaced by Deputy City Clark left Clerk Vale. the Council COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common counci 1, acting as the Community Development Commission, took action on Community Development Commission items. 39 12/6/93 city Attorney Penman announced that the following matters had been discussed in closed session: b. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; d. 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 Redevelopment Willie Clark. 237264. Aqencv of the City of San Bernardino vs. et al - San Bernardino Superior Court Case No. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. CITY ATTORNEY PENMAN EXCUSED At 5:43 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. CITY CLERK RACHEL CLARK RETURNED At 5:44 p.m., City Clerk Rachel Clark returned to the Council meeting. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 7:14 p.m., City Administrator Shauna Clark returned to the Council meeting. COUNCIL MEMBER At 7:15 p.m., meeting. OBERHELMAN EXCUSED Council Member Oberhelman left the Council PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING- SEE PAGE 11 (17) This is the time and place continued to for consideration of Personnel Actions. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that General Fund Personnel Actions Item Nos. Three through Eight (Paramedic/Firefighter), and Unclassified Item Nos. One, Two, and Three, be' referred to the Personnel Committee. 40 12/6/93 ~ The motion carried Members Negrete, Curlin, Members Devlin, Miller. by the following vote: Ayes: Council Hernandez, Pope-Ludlam. Nays: Council Absent: Council Member Oberhelman. Mayor Minor vetoed the motion. COUNCIL MEMBER At 7:17 p.m., Council meeting and OBERHELMAN RETURNED Council Member Oberhelman returned took his place at the council table. to the Discussion ensued regarding the need to fill the currently vacant Paramedic/Firefighter positions. City Administrator Shauna Clark explained the need to hire these six ParamediC/Firefighters now. Discussion ensued regarding the proposed City Fire Department emergency medical transport service. city Administrator Clark explained how an employee qualifies for higher-acting classification. Council Member Oberhelman made a motion, Member Miller, and unanimously carried, Personnel Action Item No. Two, be approved. seconded by Council that Unclassified Council Member Oberhelman made a motion, that Unclassified Personnel Action Item Nos. One and Three, be approved. The motion failed for lack of a second. Shauna Clark, City Administrator, explained the process for granting higher-acting classification status to Police management employees pursuant to Charter Section 186. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that Unclassified Personnel Action Item Nos. One and Three, be approved. Council Member Oberhelman made a motion, seconded by Council Member Miller, that General Fund Personnel Action Item Nos. Three through Eight (Paramedic/Firefighter), be approved. The motion Members Curlin, Members Negrete, carr ied by the following vote: Oberhelman, Devlin, Miller. Hernandez, Pope-Ludlam. Absent: Ayes: Nays: None. Council Council Council Member Curlin changed his affirmative vote to a negative vote. 41 12/6/93 The motion failed by the following vote: Ayes: Members Oberhelman, Devlin, Miller. Nays: Council Negrete, Curlin, Hernandez, Pope-Ludlam. Absent: None. Council Members COUNCIL MEMBER NEGRETE EXCUSED At 7:29 p.m., Council Member Negrete left the Council meeting. PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING- SEE PAGE S 11 & 40 (17) Council Member Hernandez made a motion, seconded by Council Member Pope-LUdlam, and unanimously carried, to reconsider General Fund Personnel Action Item Nos. Three through Eight (Paramedic/Firefighter) . Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that General Fund Personnel Action Item Nos. Three through Eight (Paramedic/Firefighter), be referred to the Personnel Committee. (Note: The vote was taken after discuss ion. ) COUNCIL MEMBER NEGRETE RETURNED At 7:31 p.m., Council Member Negrete returned to the Council meeting and took his place at the council table. Discussion ensued regarding the need to hire additional Paramedic/Firefighters. City Administrator Clark explained that these six Paramedic/Firefighters are needed because the Fire Department is currently understaffed and working an excessive amount of overtime. She explained that this is a routine hiring of paramedics; that these are budgeted positions, and that the hiring of these Paramedic/Firefighters does not conflict with the proposed City Fire Department emergency medical transport service. A discussion was held regarding the hiring process. City Attorney Penman explained that if these employees are hired, they would be on probation for twelve months. He recommended that these employees be hired in an effort to ensure public safety. Discussion ensued regarding the need for additional Paramedic/Firefighters in the Fire Department. Concern was expressed whether it would be best to the hiring of additional Paramedic/Firefighters until a is made relative to the proposed City emergency transportation program. postpone decision medical 42 12/6/93 The motion to refer General Fund Personnel Action Item Nos. Three through Eight (Paramedic/Firefighter), to the Personnel Committee carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. It was the consensus of the Council that should the Personnel Committee recommend the employment of the six Paramedic/Firefighters, Personnel Action Item Nos. Three through Eight, that the city Administrator be authorized to proceed with the hiring of the Paramedic/Firefighters. ADJOURNMENT (51) At 7:53 p.m., Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the meeting be adjourned. The next meeting will be held at 6:00 p.m., Wednesday, December 15, 1993, at the Mediterranean Restaurant, 1300 East Highland Avenue, San Bernardino, California. RACHEL CLARK city Clerk / By '~d;v-L<Y z;.~ Melanie Vale Deputy city Clerk No. of Items: 75 No. of Hours: 11.5 43 12/6/93