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HomeMy WebLinkAbout11-16-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 16, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:39 a.m., Monday, November 16, 1992, 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 Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RECESS MEETING - CLOSED SESSION (1 & S-2) At 8:39 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the li tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding Ii tigation 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; 1 11/16/92 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 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 Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Ci tv of San Bernardino vs. Libertv Cable T. V .. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - United States District Court Case No. 92-4415 WDK (Ex); Guardian Bank vs. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; Citv of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Marvanne Johnson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SACV 92-575; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Carl B. Alston vs. Citv of San Bernardino et al - United States District Court Case No. CV 90-0012 WRJ; Victor Aquilar. et al vs. Cal Nev Pipeline Co. - Los Angeles Superior Court Case No. C751026; 2 11/16/92 Edmena Burney. et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickev. Inc.. vs. Cal Nev Pipe Line Co.. Citv et al- San Bernardino Superior Court Case No. 251310; Ervin Hawkins. et al vs. So. Pac. Transportation Co.. - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. City of San Bernardino - San Bernardino Superior Court Case No. 256173; Marv E. Washinqton vs. So. Pac. Transportation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corporation. et al- San Bernardino Superior Court Case No. 255l65; Ci tv of San Bernardino vs. Alcarez (Dannv 's Towinq \ - San Bernardino Superior Court Case No. 266408; Wheeler vs. Little Leaque Baseball. et al - San Bernardino Superior Court Case No. 264422; Kranvac vs. CountY/City - United States District Court Case No. SACV 91-400 GLT (RWRx); Murphv vs. City of San Bernardino - San Bernardino Superior Court Case No. 254764 SACV 91-400 GLT (RWRx); Oranqe Show Lincoln Mercurv vs. City of San Bernardino/RDA- United States District Court - Case No. CV 88-003617 RMT. CLOSED SESSION At 8: 40 a.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Rhemrev, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Daniel Robbins, Chief, and Lt. Curtis, San Bernardino Police Department. 3 11/16/92 CHIEF ROBBINS & LT. CURTIS, SAN BERNARDINO POLICE DEPARTMENT EXCUSED At 9:00 a.m., Chief Robbins and Lt. Curtis, San Bernardino Police Department, left the closed session. DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 9:04 a.m., Deputy City Attorney Simmons arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9: 18 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:31 a.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, 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 Minor. ANNOUNCEMENT ILLEGAL DUMPING OF TRASH MEMBER HERNANDEZ COUNCIL (2) Council Member Hernandez expressed concern pervasive illegal dumping of trash in the City, Mayor and Council to develop a more comprehensive program to deal with the problem. regarding the and urged the and aggressive ANNOUNCEMENT - MAYOR HOLCOMB - ILLEGAL DUMPING OF TRASH (2) Mayor Holcomb explained that at the upcoming City and County 4 11/16/92 conference he will recommend that the County of San Bernardino consider establishing a county-wide, or valley-wide, sanitation district that would eliminate the dumping fees charged at the landfill. ANNOUNCEMENT - COUNCIL MEMBER REILLY - ILLEGAL DUMPING OF TRASH (2) Council Member Reilly voiced concerns over the widespread illegal dumping of trash in public alleys and in vacant lots throughout the City. ANNOUNCEMENT COUNCIL MEMBER POPE-LUDLAM DUMPING OF TRASH ILLEGAL (2) Council Member Pope-Ludlam stated that much of the illegal dumping could be eliminated if the City would make available, free of charge, refuse dumpsters to neighborhoods, which would be cheaper to the City than the cost of cleaning up the illegal dump sites. PROCLAMATION - SAN BERNARDINO OPTIMIST CLUB - SAN HIGH OPTIMIST CLUB - YOUTH APPRECIATION WEEK - NOVEMBER 16 TO 22, 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation honoring the San Bernardino Optimist Club and the San High Optimist Club, and declaring the week of November 16 to 22, 1992, as Youth Appreciation Week. Skip Borsuk, Treasurer, San High Optimist Club, was present to accept the proclamations. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. INTRODUCTION BARBARA PACHON DIRECTOR OF FINANCE NEWLY-APPOINTED (5) Ms. Barbara Pachon, newly-appointed Director of Finance was introduced and she presented a brief history of her work in finance. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of San Bernardino, CA, expressed concern regarding City Attorney Penman's psychological fitness to 5 11/16/92 represent the people of San Bernardino, and recommended that Dr. Gardner, of the County of San Bernardino's Mental Health Homeless Outreach Program conduct a complete psychological evaluation of Mr. Penman. PUBLIC COMMENTS - FRANK L. ARELLANES - ILLEGAL DUMPING OF TRASH (3) Mr. Arellanes, 16364 Valley Blvd., Fontana, CA, stated that he owns property east of Waterman Avenue between Pioneer and Norman Street, and has been experiencing continuous problems with illegal dumping of trash on the property. He distributed photographs of the property to the Mayor and Council. He stated that the situation has become more severe since the City requested that the property not be fenced to allow access through the property. He stated that due to the illegal dumping of trash on the property there is now the possibility of litigation from a resident near the property. He requested that City staff be directed to meet with him to resolve these problems. PUBLIC COMMENTS - ED McCONNEL (3) Mr. McConnel, 1775 East 20th Street, San expressed concern relative to several derogatory individual groups of people during testimony at Council meetings. Bernardino, CA, comments made to recent Mayor and PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the proposed California Inn because the project does not have sufficient parking spaces, the units are too expensive for their size, and this is not an appropriate use of public funds during tough economic times. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (6) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. PROPOSED ALLEY VACATION - BETWEEN "E" BETWEEN MAGNOLIA AVENUE & EVANS STREET TO PROCEED & PLAN APPROVAL & "F" STREET & - AUTHORIZATION (9) In a memorandum dated October 26, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from the American Red Cross to vacate the southerly half of the north/south leg of the alley lying between "E" Street and "F" Street, between Magnolia Avenue and Evans Street. 6 11/16/92 The northerly half of this alley was vacated earlier this year, and the vacation of only the remaining north/south portion would result in a dead-end "T" alley. After site research, it was determined that if the east/west portion of the alley was vacated, only the north/south portion at the west end would remain, and that is a straight alley. vacating the entire east/west leg of the alley would not hinder access for the property owners on Magnolia and Evans. Properties facing "F" Street have garages and other types of parking spaces at the rear of their properties so it does not seem feasible to vacate the westerly north/south leg of the alley. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of the north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Street; and that Plan No. 8828, showing the proposed vacation of a portion of the north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Street, be approved. CLAIMS AND PAYROLL (10) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated November 10, 1992 from the Director of Finance, be approved. PERSONNEL ACTIONS ( 11) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 4, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (12) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to December 21, 1992. RES. 92-423 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SEQUOIA PACIFIC SYSTEMS CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 1993. (14) 7 11/16/92 RES. 92-424 - 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. (15) RES. 92-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN CALIFORNIA SPECIAL OLYMPICS, INC., AND THE CITY OF SAN BERNARDINO RELATING TO THE GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS PROGRAM. (16) RES. 92-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL, AND REPEALING RESOLUTION NO. 91-286 AND AMENDMENTS THERETO. (18) RES. 92-427 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 71 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REPLACEMENT OF LITTLE LEAGUE DRIVE BRIDGE OVER CABLE CREEK CHANNEL WITH A REINFORCED CONCRETE BOX CULVERT. (21) RES. 92-428 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 72 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REPLACEMENT OF LITTLE LEAGUE DRIVE BRIDGE OVER CABLE CREEK CHANNEL WITH A REINFORCED CONCRETE BOX CULVERT. (22) RES. 92-429 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY -OWNED PROPERTY LOCATED ON THE NORTH SIDE OF 4TH STREET, EAST OF THE 4TH STREET/5TH STREET GORE CORNER (A PORTION OF NUNEZ PARK). (23) RES. 92-430 - RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THAT CERTAIN PORTION OF A LANDSCAPE MAINTENANCE EASEMENT LOCATED SOUTH OF KENDALL DRIVE AND EAST OF SHANDIN HILLS DRIVE IN THE CITY OF SAN BERNARDINO, TO DENNIS L. MASON AND LINDA M. MASON, HUSBAND AND WIFE AS JOINT TENANTS. (26) 8 11/16/92 RES. 92-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A LANDSCAPE MAINTENANCE COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE LANDSCAPE AND IRRIGATION IMPROVEMENTS, ACROSS PORTIONS OF THE UPPER WARM CREEK CHANNEL RIGHT-OF-WAY, AND CONCERNING PROPERTY GENERALLY LOCATED NORTH OF NINTH STREET AND WEST OF TIPPECANOE AVENUE. (27) RES. 92-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A LANDSCAPE MAINTENANCE COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE LANDSCAPE AND IRRIGATION IMPROVEMENTS, ACROSS PORTIONS OF THE SYCAMORE BASIN, THE SYCAMORE DIVERSION CHANNEL AND THE EAST BADGER BASIN, AND CONCERNING PROPERTY GENERALLY LOCATED NORTH OF THE TERMINUS OF "H" STREET. (28) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 92-423, 92-424, 92-425, 92-426, 92-427, 92- 428, 92-429, 92-430, 92-431 and 92-432 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. BANKING SERVICES - REQUEST FOR PROPOSALS (7) In a memorandum dated November 2, 1992, Fred Wilson, Assistant City Administrator, stated that a committee consisting of the City's Acting Finance Director, City Treasurer, Finance Department Senior Accountant, Water Department Director of Finance, and Administrative Analyst for the City Administrator have reviewed the City's current banking services and recommends that bids be solicited for these services. The City currently pays $10,000 per month for banking services and has not bid for services since 1986. Rapid and continual changes in the finance industry suggest that the City would be well-served to request bids on a competitive basis from banks in San Bernardino. The Committee anticipates that bids that are received will be more cost-effective than the current contract and that a formal agreement between the City and the successful bidder will clarify the types of services the City would receive. A Request for Proposals (RFP) has been developed by the committee that would be sent to all banks with San Bernardino branches. - City Administrator Shauna Clark explained that the City is 9 11/16/92 conducting banking services agreement. The Request for services for the Economic Department. at this time without a formal Proposals does not include banking Development Agency or the Water Assistant City Administrator Fred Wilson stated that the Request for Proposals includes two type of services: required services which are the minimum requirements that the City has to conduct business; and optional services which attempt to maximize the types of services that could be provided for the City. The major factor in choosing a vendor will be the ability to provide required services and the costs of those services. Discussion ensued regarding the required and optional services as outlined in the Request for Proposals. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the Assistant City Administrator be authorized to issue the attached Request for Proposals document dated October 30, 1992, for banking services. ENCROACHMENT - WAY - VALENCIA PRINCIPLE WROUGHT IRON FENCE IN STREET RIGHT-OF- AVENUE & MOCKINGBIRD LANE - APPROVE IN (8) In a memorandum dated October 30, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Michelle Jure for an encroachment permit to authorize installation of a wrought iron fence within the street right-of-way, at the northeast corner of Valencia Avenue and Mockingbird Lane. The fence along Valencia Avenue has been installed about ten feet behind the curb, which is approximately the middle of the parkway. Along Mockingbird Lane, the fence is at the back of the curb; however, the vehicle gate is set back approximately ten feet from the curb. No sidewalks are provided along Valencia Avenue; therefore, the fence along Valencia Avenue would not serve as an obstruction to pedestrians. The fence along Mockingbird Lane transverses about 2/3 of the lot frontage. Along the rear 1/3 of the lot, heavy vegetation extends to the curb, which doesn't allow a walkway for pedestrians. The fence does not create a sight distance problem for motorists. Staff recommended that the request from Michelle Jure for an encroachment permit for a wrought iron fence at the corner of Valencia Avenue and Mockingbird Lane be referred to Planning and Building Services to ensure that the fence complies with all Development Code standards. 10 11/16/92 Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the request from Michelle Jure for an encroachment permit to authorize the installation of a wrought iron fence within the street right-of- way, at the northeast corner of Valencia Avenue and Mockingbird Lane, be referred to Planning and Building Services. RES. 92-433 - A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 2, 1993. (13) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-433 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (17) Shauna Clark, City Administrator, stated that concerns been raised by staff regarding the resolution, and requested the resolution establishing a basic compensation plan officers and employees of the Police and Fire Departments, continued so that staff can meet to resolve the concerns. have that for be Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the resolution establishing a basic compensation plan for officers and employees of the Police and Fire Departments, be continued to December 7, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING EXPENDITURE OF COUNTY OF SAN BERNARDINO EAST VALLEY COALITION WASTE CHARACTERIZATION STUDY FUNDS TO PERFORM A COMPARATIVE FEASIBILITY STUDY FOR POTENTIAL REGIONAL SOLID WASTE TRANSFER/MRF AND COMPOSTING FACILITY SITES IN SAN BERNARDINO COUNTY. (Discussed later in the meeting) (See page 13) (19) It was the consensus endorsing expenditure of feasibility study for of the Council that funds to perform potential regional the resolution a comparative solid waste 11 11/16/92 transfer/MRF and composting facilities, be continued to later in the meeting so that the Director of Public Services could be present to answer questions. (See page 13) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN INTER-JURISDICTIONAL DISCHARGE AGREEMENT WITH THE CITY OF RIALTO RELATING TO DISCHARGE OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO RIALTO'S SEWAGE COLLECTION SYSTEM. (20) City Administrator Clark explained that concerns have been raised by staff regarding the agreement and recommended that it be continued so that staff can meet to resolve the concerns. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the resolution authorizing a discharge agreement with the City of Rialto relative to discharge of wastewater into Rialto's sewage collection system, be continued to December 7, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 92-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. .ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ;" AND AUTHORIZING THE REMOVAL OF THE TWO- HOUR PARKING LIMITATIONS ON THE WEST SIDE OF "E" STREET, BETWEEN SIXTEENTH STREET AND SEVENTEENTH STREET. (24) RES. 92-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO REMOVE THE NO PARKING ZONE ON THE WEST SIDE OF "E" STREET, BETWEEN SIXTEENTH STREET AND SEVENTEENTH STREET, BETWEEN THE HOURS OF TEN P.M. AND SIX A. M. (25) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the resolutions amending the parking limitations on the west side of "E" Street, between Sixteenth and Seventeenth Streets, be referred to the Traffic Safety Committee. (Note: There was no vote taken at this time.) John Schmitz, 1660 North "E" Street, San Bernardino, CA, requested that the parking restrictions on the west side of "E" Street, between Sixteenth and Seventeenth Streets, be removed and reviewed in six months. Council Member Pope-Ludlam withdrew her second to the motion referring the resolutions to the Traffic Safety Committee. 12 11/16/92 Council Member Maudsley seconded the motion to refer the resolutions to the Traffic Safety Committee. Discussion ensued regarding the safety of pedestrian traffic crossing the street if cars are parked along the street. Council Member Hernandez made a substitute motion, seconded by Council Pope-Ludlam, that said resolutions be adopted; and that the City Traffic Engineer be directed to submit a report to the Mayor and Council at the Council meeting of June 7, 1993 relative to the impact of removing the parking restrictions on "E" Street (west side), from l6th Street to 17th Street. Resolution following vote: Ludlam, Miller. Minor. Absent: Nos. 92-434 and 92-435 were adopted by the Ayes: Council Members Reilly, Hernandez, Pope- Nays: Council Members Estrada, Maudsley, None. ORD. NO. MC-854 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 12.95 THERETO PROVIDING PROCEDURES FOR CITY PARTICIPATION IN THE RECONSTRUCTION OF SUBSTANDARD DRIVEWAY APPROACHES. Final (29) Council Member Miller made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-854 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY PAINT AND WIDE-TIP MARKERS. (Continued from October 19, 1992) First (30) Council Member Hernandez made a motion, seconded Member Minor, and unanimously carried, that said relating to Business Registration Certificates for selling spray paint and wide-tip markers, be tabled. by Council ordinance businesses RES. 92-436 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING EXPENDITURE OF COUNTY OF SAN BERNARDINO EAST VALLEY COALITION WASTE CHARACTERIZATION STUDY FUNDS TO PERFORM A COMPARATIVE FEASIBILITY STUDY FOR POTENTIAL REGIONAL SOLID WASTE TRANSFER/MRF AND COMPOSTING FACILITY SITES IN SAN BERNARDINO COUNTY. (Continued from earlier in the meeting) (See page 11) (19) Manuel Moreno, Jr., Director of Public Works, answered 13 11/16/92 questions from the Council regarding the transfer/materials recovery facility (MRF) facility feasibility study. solid waste and composting Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-436 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - TAXICAB PROPOSED RATE INCREASE (NB-l) City Clerk Rachel Clark explained that due to a clerical error the public hearing to consider, discuss, and receive public comments regarding a proposed increase in taxicab rates was inadvertently left off the agenda, and that the item will be discussed at the Mayor and Common Council meeting of December 7, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER ESTRADA EXCUSED At 10:35 a.m., Council Member Estrada left the Council meeting. 1992 OPEN HOUSE COMMITTEE REPORT - RACHEL CLARK, CITY CLERK (31) In a memorandum dated November 5, 1992, City Clerk Rachel Clark, and Council Member Jack Reilly, Co-Chairs of the 1992 Open House Committee, stated that in September 1991 the Mayor and Council approved a request to hold an Open House in 1992 to coincide with the 182nd anniversary of the founding of the City of San Bernardino. The purpose of the Open House was to promote a positive image of the City; enhance goodwill with citizens and fellow employees; display the latest technological equipment; and give citizens an opportunity to meet elected officials, department heads, and employees. Over 500 individuals attended the 1992 Open House which was held from 12 noon to 7 p.m. The event featured outdoor displays, with exhibits and tours conducted for the general public within City Hall. Visitors were provided with an informative brochure which provided a map of the newly-designated Ward boundaries, and a list of departments, addresses and phone numbers. The event provided a festive atmosphere and an opportunity for the public to get a first hand look at how City government operates and where their tax dollars are being spent. Considering the positive benefits derived from holding the 1992 14 11/16/92 Open House, in conjunction with Founder's Day, and the potential for further enhancing the City's image, it is recommended that the Mayor and Council authorize holding a Founder's Day Open House on May 20, 1993. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, to receive and file the report from the 1992 City Hall Open House Committee; to approve the request to hold a City Hall Open House on Thursday, May 20, 1993, commemorating Founder's Day in the City of San Bernardino; and to authorize the formation of the 1993 Open House Committee to be co-chaired by Council Member Tom Minor and City Clerk Rachel Clark. COUNCIL MEMBER ESTRADA RETURNED At 10:37 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. WAIVER OF FEES - $231 - RETURNING HOME, INC. - USE OF SECCOMBE LAKE PARK & FACILITIES (32) In a memorandum dated November 2, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Returning Home, Inc., a local non-profit organization, has requested the use of Seccombe Lake Park, the Pavilion and the Concession building to provide a Thanksgiving festival for the homeless. The goal of Returning Home, Inc., is to help homeless individuals move back into the community as productive citizens by assisting with literacy programs, career development, motivational efforts and other resources which hopefully will lead the homeless individuals into meaningful and life fulfilling experiences. Returning Home, Inc. , is a newly-formed organization and thus does not have extensive operating funds; they have requested a waiver of fees involved with the use of the park and facilities. Resolution No. 91-35 allows the Mayor and Council to exempt non-profit corporations and associations, organized primarily for patriotic, civic betterment or charitable purposes, from the rates and fees schedule for the use of park and recreation facilities, services and equipment under the condition that paying the fees would create a hardship or if the event is of unusual benefit to the citizens of San Bernardino. Edith Smart, representing Vickie McSwain, President/CEO, Returning Home, Inc., 577 North "D" Street, Suite #l13, San Bernardino, CA, answered questions from the Council regarding the organization, and the proposed Thanksgiving festival for which 300 to 400 homeless individuals are expected to attend. 15 11/16/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, that the request to waive fees for use of Seccombe Lake Park and facilities in the amount of $231. 00, be approved. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: REQUEST TO INSTALL STOP SIGNS MACY STREET AT INTERSECTION OF WALNUT & ELLEN STREETS - COUNCIL MEMBER HERNANDEZ - (Discussed later in the meeting) (See page 30) (33) In a memorandum dated November 9, 1992, Council Member Hernandez, requested that staff be directed to install stop signs at walnut and Ellen Streets, where they intersect with Macy in the north/south direction. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that staff be directed to install stop signs at Ellen Street, where it intersects with Macy; and that staff be directed to review the need for a stop sign at Walnut and Macy. (Note: There was no vote taken at this time.) Concern was expressed regarding the safety of the children who cross Macy to attend school. Council Member Reilly made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the request to install stop signs at Walnut and Ellen Streets, where they intersect with Macy in the north/south direction, be continued to later in the meeting so that the Traffic Engineer can be present to answer questions. (See page 30) GRAFFITI ABATEMENT PROGRAM BLOCK GRANT FUNDING COMMUNITY DEVELOPMENT (34) In a memorandum dated November 9, 1992, Shauna Clark, City Administrator, stated that at the Council meeting of September 21, 1992, she was directed to report back to the Council on options for a comprehensive graffiti program. The City of San Bernardino presently has an excellent graffiti abatement program which is run by the Public Services Department, with an annual budget of $313,859. There are approximately 700 graffiti abatements per month. The department uses County Work Sentence workers from Glen Helen, and has assistance from Neighborhood Watch Groups, Kids Against Crime, Inc., and Los padrinos. Staff surveyed every City in Orange, Los Angeles, Riverside 16 11/16/92 and San Bernardino counties, and found that many other cities use Redevelopment and CDBG monies to respond to their graffiti needs. The City of Alhambra imposes a special tax on its sanitation fund for graffiti abatement. The City of Fontana includes costs for graffiti removal within its assessment districts. Comparatively, San Bernardino's graffiti abatement program is responsive and running efficiently, but surveys which identify new and repeat areas, indicate that the magnitude of the graffiti problem in the community is growing. Ideally, the City has to be able to shorten response time and to initiate some proactive techniques. Two recommendations should be considered for implementation as soon as possible. The first recommendation is to increase crews by the use of Community Development Block Grant (CDBG) funds. Prior to the budget cutbacks enacted last year, the graffiti abatement crews consisted of eleven full time City employees. It is common and appropriate to use CDBG money for graffiti abatement, and to reinstate the graffiti abatement crew to eleven. However, to conserve funds, it is recommended that San Bernardino do as many other cities have done and hire temporary full time employees at a wage lower than the present employees, without full benefits. The labor costs for five additional employees would be less than $90,000 annually. A one time cost for equipping this crew would be $21,000 plus tax and license for a van, and $13,000 for a utility trailer and equipment attachment. The second recommendation is that the City of San Bernardino make extensive use of volunteers. Many cities have community pride days where citizens turn out to clean up their neighborhoods. Other cities have "adopt a wall" programs. San Bernardino has not made volunteerism a priority as no employee, other than the RSVP coordinator, has the sole mission of recruiting, scheduling and recognizing volunteers. It is recommended that a volunteer coordinator be hired, on an experimental basis with CDBG or RDA funding, to coordinate a community pride day, and to see how much response we get from San Bernardino's citizens. Eventually, the Mayor and Council should consider placing a small surcharge (no more than 10 cents per month) on refuse bills to supplant general fund money; to consider recovering graffiti removal costs through landscape assessment districts imposed in new subdivisions; and, if the program is successful, consider a full time volunteer coordinator. Shauna Clark, City Administrator, answered questions from the Council regarding the graffiti abatement recommendations and funding sources. A discussion was held regarding enrolling gang members who 17 11/16/92 cause the graffiti in work programs to eradicate the graffiti. It was the consensus of the Council that unless the perpetrators of graffiti are actively involved in the eradication efforts the graffiti problem will not be solved for the long term. Discussion ensued regarding other options for abatement such as contracting out graffiti abatement rather than hiring additional employees. graffiti services, Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the use of CDBG funds in an amount not to exceed $124,200 for the purchase of equipment and the hiring of five laborers be referred to the Community Development Citizens Advisory Committee for authorization; that the City Administrator be instructed to return with a contract, budget and a source of funds for a Community Pride Day at the meeting of December 7, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 11:00 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:07 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. ORANGE SHOW ROAD EXTENSION ARROWHEAD TIPPECANOE AVENUE - SELECTION OF ALIGNMENT AVENUE TO (5-1) In a memorandum dated November 10, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received requesting that a neighborhood meeting be held to inform the residents what the potential impact of the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, would have on their properties. In response to this request, a meeting was held at the St. Mark Missionary Baptist Church on May 26, 1992. The three possible alignments, developed under a contract with SANBAG to study the extension of Orange Show Road, were presented. Those in attendance requested that another public meeting be held to receive their input prior to any decision being made on the alignment for this extension. A second meeting was held on 18 11/16/92 November 5, 1992 at St. Mark Missionary Baptist Church. Maps depicting the three possible alignments were presented. The three alignments are: Aliqnment One extend Orange Show Road straight east following Pioneer Avenue. This alignment requires a total taking of two occupied properties and minor takes from some other properties; Aliqnment Two - move alignment to the north to use existing Ennis Street and rejoining Pioneer after crossing Waterman Avenue. This alignment requires the total taking of 15 properties with 11 occupied, with minor taking on remaining properties; and Aliqnment Three - move alignment to the south until crossing Waterman Avenue, then join Pioneer. This alignment requires the total taking of 16 properties with 2 being occupied. Also, this proposal would require the taking and relocation of a City of Riverside water well with an estimated replacement cost of $500,000. Alignment One is the preferred route. There opposition voiced to this alignment, and there appeared general consensus that this route would be the best neighborhood. was no to be a for the COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:09 a.m., Council Member Pope-Ludlam returned Council meeting and took her place at the council table. to the City Attorney Penman stated that as a part of the review process this project must go through the Environmental Review Committee regarding the proposed Alternates Two and Three. Roger Hardgrave, Director of Public Works/City Engineer, stated that at this time the Council should confirm the alignment choice so that the Engineer can proceed with plan design. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the selection of Alignment No. One, for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, be continued to December 7, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED At 11:11 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. "~ 19 11/16/92 CITY ADMINISTRATOR CLARK EXCUSED At 11: 11 a.m., City Administrator Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:12 a.m., Chairman Holcomb 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. 92-437 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO COMMENDING THE MEMBERS OF THE CITIZENS ADVISORY COMMITTEE FOR THE TRI CITY REDEVELOPMENT PROJECT AREA AND DISSOLVING THE COMMITTEE. (R-3) RES. 92-438 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO COMMENDING THE MEMBERS OF THE CITIZENS ADVISORY COMMITTEE FOR THE SOUTH VALLE REDEVELOPMENT PROJECT AREA AND DISSOLVING THE COMMITTEE. (R-4) RES. 92-439 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WENDIE'S CONSTRUCTION FOR INTERIOR/EXTERIOR PAINTING OF VARIOUS CITY BUILDINGS. (R-S) RES. 92-440 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO R. L. DANCEL CONSTRUCTION FOR THE REHABILITATION OF JOHNSON HALL COMMUNITY CENTER. (R-6) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-437, 92-438, 92-439, and 92-440 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. STREET IMPROVEMENT VICTORIA AVENUE BETWEEN RICHARDSON ST. & MT. VIEW AVENUE - ADVERTISE FOR BIDS (R-7) In a memorandum dated November 5, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the improvement of Victoria Avenue and Mt. View Avenue have been prepared and the project is ready to be advertised for bids. The project consists of installing curbs and gutters, and fill-in paving on Victoria Avenue, between Richardson Street and Mt. View Avenue, in order to control storm water flows. 20 11/16/92 Interim improvements consisting of asphalt concrete dike and fill-in paving will be constructed on the west side of Mt. View Avenue, since they will be removed to match the improvements to be installed by a development to the east in the City of Redlands. The total estimated project cost is $262,000. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for construction of street improvements on Victoria Avenue, from Richardson Street to Mt. View Avenue, and Mt. View Avenue (west side), from Victoria Avenue to Mission Creek, in accordance with Plan No. 8719, be approved; and that the Director of Public works/City Engineer be authorized to advertise for bids. PERRIS HILL SWIMMING POOL & BATHHOUSE - REHABILITATION - ADVERTISE FOR BIDS (R-8) In a memorandum dated November 4, 1992, Roger Hardgrave, Director of Public works/City Engineer, stated that plans for the rehabilitation of the Perris Hill Park Swimming Pool and Bathhouse have been prepared and the project is ready to be advertised for bids. The project consists of rehabilitating the existing swimming pool, plumbing and filtration system, remodeling the bathhouse, and installing special water features. The total estimated project cost is $998,000. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for rehabilitation of the Perris Hill Swimming Pool and Bathhouse, in accordance with plan No. 8843, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 92-441 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE CONTRACT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND CASA RAMONA, INC. (R-9) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-441 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. 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. There was no further action on Mayor and Common Council items during this portion of the meeting. 21 11/16/92 RECESS MEETING At 12:22 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, for a discussion relating to the new police facility. RECONVENE MEETING LUNCHEON WORKSHOP NEW POLICE FACILITY At 12:46 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 "D" Street, San Bernardino, California, for a discussion relating to the new police facility. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. Also present: Chief Robbins, and Captain Tom Maier, San Bernardino Police Department; Roger Hardgrave, Director of Public Works/City Engineer; Timothy Steinhaus, Agency Administrator, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, and James Sharp, Project Manager, Economic Development Agency; Senior Assistant City Attorney Morillo; and Tim Sabo, Sabo & Green, special bond counsel to the Economic Development Agency. NEW POLICE FACILITY (35 & R-15) In a memorandum dated November 16, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, recommended that the Mayor and Council, and Community Development Commission, approve the following actions: Motion A: that staff be authorized to proceed with the concept for the proposed facility which shall consist of a new 70,000 square foot structure; Motion B: that staff be authorized to solicit and retain a qualified engineering firm for geotechnical investigations and qualifications of the proposed site; Motion C: that staff be authorized to solicit and retain a qualified engineering firm for the design development of construction documents for the new and proposed facility's building shell pursuant to the Agency's procurement policies; Motion D: that staff be authorized to proceed with the 22 11/16/92 design study in conjunction with the City Engineering Department for a feasibility analysis for the abandonment of Seventh Street between "D" and "E" Streets; and Motion E: that staff be directed to proceed with the investigation of relative financial options for the development of the proposed police facility, and that said options shall be drafted for presentation to the Mayor and Council and Community Development Commission on or before December 7, 1992. Mayor Holcomb explained that when the proposal for a new Police Department facility was originally discussed, the plans called for renovating the old savings and loan buildings at 701 North "E" Street. The original plans were outlined at the Mayor and Council meeting of September 21, 1992 (item R-9), in a memorandum from Roger Hardgrave, Director of Public Works/City Engineer dated September 15, 1992. At that time the architect indicated that it would cost approximately $1.5 million to bring Building A up to seismic code, and install a second elevator, as required for an essential facility. It has been suggested that instead of renovating Building A, that the City consider building an entirely new facility adjacent to the existing buildings on the site; and leasing out the old savings and loan buildings to other tenants. The building of a new facility is a new concept, and staff is recommending that the Mayor and Council agree to the concept so that staff can prepare a specific proposal on how best to implement the concept, and how to finance the project, along with any additional information that the Council may request relative to the proposed new building. James Sharp, Project Manager, Development Department, Economic Development Agency, explained that the proposed new concept is for a building that would be approximately 60,000 to 70,000 square feet in size, and include a reconfigured traffic circulation plan in order to maximize use of the site. The new building would front on 7th Street, and consideration should be given to the option of vacating 7th Street and incorporating the street right-of-way into the project and creating a cul-de-sac. The existing Building B is being considered as a site for possible deep storage of files that are inactive for ninety days or more, and a possible indoor firing range. The cost for the proposed new building is approximately $5 to $7 million. Discussion ensued conducted in 1968, that facility at a cost of $20 regarding the police facility study recommended a new 120,000 square foot million for land and construction. Mr. Sharp explained that the current police facility study re f lects the need between now and the year 2011 for a 65,000 square foot building, based upon a 1% per year increase over existing staffing levels. 23 11/16/92 The Council expressed concern that in previous meetings staff had indicated that the existing buildings on the site were adequate for the Police Departments needs, and that now it appears that the existing buildings do not meet the Department's needs, and that a new facility should be built. Mayor Holcomb stated that the concept of constructing a new facility was not considered until the cost of retrofitting the existing Building A was known. He asked the Council to consider the cost of retrofitting Building A, versus the cost of constructing a custom designed new facility for the Police Department when making a decision on which plan to implement. Chief Robbins explained that the Police Department is currently experiencing problems due to the small size of the current Police station at 32,000 square feet, and the lack of adequate parking for employees and Police vehicles. He expressed support for the proposed new 70,000 square foot building that would be designed specifically for a police operation, because it would eliminate many of the current operational difficulties that the Department is currently experiencing. A discussion ensued regarding the positive and negative aspects of the concept to vacate 7th Street and creating a cul- de-sac at the front of the proposed new building. The Council expressed support for relocating the Police facility to the site of the old savings and loan buildings at 701 North "E" Street; however, concern was expressed that staff had not provided specific details relative to the positive and negative aspects, and costs, for each proposal so that a decision could be made. Mayor Holcomb requested that the Council demonstrate support for the concept of building a new facility, so that further work on retrofitting Building A can cease, and the architect can proceed with the new building concept, and return with plans in thirty days. CITY ATTORNEY PENMAN ARRIVED At 1:23 p.m., City Attorney Penman arrived at the luncheon workshop. Discussion ensued regarding the recent action taken by the Sheriff's Department that would close the booking facility located on Third Street, and necessitate that prisoners be taken to Rancho Cucamonga to be booked; and whether the City would need an in-house holding facility to hold prisoners prior to transferring them to Rancho Cucamonga. The Council discussed the need for a comprehensive analysis detailing the positive and negative aspects of each proposal 24 11/16/92 which would include the total cost of the land, construction costs, square footage, and the life expectancy of the facility. Council Member Minor made a motion, seconded by Council Member Reilly, that Motion A: that staff be authorized to proceed with the concept for the proposed facility which shall consist of a new 70,000 square foot structure; Motion B: that staff be authorized to solicit and retain a qualified engineering firm for geotechnical investigations and qualifications of the proposed site; Motion C: that staff be authorized to solicit and retain a qualified engineering firm for the design development of construction documents for the new and proposed facility's building shell pursuant to the Agency's procurement policies; Motion D: that staff be authorized to proceed with the design study in conjunction with the City Engineering Department for a feasibility analysis for the abandonment of Seventh Street between "0" and "E" Streets; and Motion E: that staff be directed to proceed with the investigation of relative financial options for the development of the proposed police facility, and that said options shall be drafted for presentation to the Mayor and Council and Community Development Commission on or before December 7, 1992, be approved. (Note: There was no vote taken at this time.) Discussion continued regarding the positive and negative aspects of the proposed construction of a new central Police station. Council Member Maudsley made a substitute motion, seconded by Council Member Minor, that Motion C: that staff be authorized to solicit and retain a qualified engineering firm for the design development of construction documents for the new and proposed facility's building shell pursuant to the Agency's procurement policies; and Motion E: that staff be directed to proceed with the investigation of relative financial options for the development of the proposed police facility, and that said options shall be drafted for presentation to the Mayor and Council and Community Development Commission on or before December 7, 1992, be approved; and that an analysis be conducted evaluating the pros and cons, and costs of renovating Building A and B as previously proposed; versus the projected costs of the proposal to build a new facility on the site. (Note: There was no vote taken at this time.) Mayor Holcomb stated that until the Police Department can be relocated and the existing facility demolished, other projects such as the Rancon super block project, cannot proceed. Council Member Estrada made a substitute motion, proposing to either refer the item back to the Redevelopment Committee for further study, or instruct staff to return with an comprehensive analysis of all proposed options to include the positive and 25 11/16/92 negative aspects, and associated costs. vote taken at this time.) (Note: There was no The motion failed for lack of a second. COUNCIL MEMBER MILLER EXCUSED At 1:41 p.m., Council Member Miller left the luncheon workshop. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that staff conduct an analysis of the pros and cons, and costs involved with all proposed options and return on December 7, 1992, in the Council Chambers of City Hall, 300 North "0" Street. RECESS MEETING - CLOSED SESSION (1 & S-2) At 1:44 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9(b) (2); c. to confer with the attorney regarding li tigation 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: ; 26 11/16/92 g. to meet with an applicant for a applicant's attorney pursuant Section 54956.7; City license and the to Government Code h. 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 Com"panv. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Ci tv of San Bernardino vs. Liberty Cable T. V " et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - United States District Court Case No. 92-4415 WDK (Ex); Guardian Bank vs. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; Citv of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Marvanne Johnson vs. City of San Bernardino - San Bernardino Superior Court Case No. SACV 92-575; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Carl B. Alston vs. Citv of San Bernardino et al - United States District Court Case No. CV 90-0012 WRJ; Victor Aguilar. et al vs. Cal Nev Pipeline Co. - Los Angeles Superior Court Case No. C751026; Edmena Burnev. et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickev. Inc.. vs. Cal Nev Pipe Line Co.. City et al- San Bernardino Superior Court Case No. 251310; Ervin Hawkins. et al vs. So. Pac. Transportation Co.. - Los Angeles Superior Court Case No. BC 000825; 27 11/16/92 Fred Ledbetter vs. City of San Bernardino - San Bernardino Superior Court Case No. 256173; Mary E. Washinqton vs. So. Pac. Transportation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corporation. et al- San Bernardino Superior Court Case No. 255165. City of San Bernardino vs. Alcarez (Danny's Towinq\ - San Bernardino Superior Court Case No. 266408; Wheeler vs. Little League Baseball. et al - San Bernardino Superior Court Case No. 264422; Kranvac vs. CountY/City - United States District Court Case No. SACV 91-400 GLT (RWRx); Murphv vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 254764 SACV 91-400 GLT (RWRx); Oranqe Show Lincoln Mercury vs. Citv of San Bernardino/RDA- United States District Court - Case No. CV 88-003617 RMT. CLOSED SESSION At 1:44 p.m., Mayor Holcomb called the closed session to order in the Management Information Center, (MIC Room), Sixth Floor, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Wilson. Absent: Council Member Miller. Also present: Senior Assistant City Attorney Barlow; James Sharp, Project Manager, Ken Henderson, Executive Director, Economic Development Agency/Development Department. ADJOURN CLOSED SESSION At 1:52 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 2:04 p.m., Mayor Holcomb 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. 28 11/16/92 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Ci ty Clerk Rachel Clark. Absent: Council Members Hernandez, Pope-Ludlam; City Administrator Shauna Clark. APPEAL DENIAL VARIANCE NO. 92-09 INSTALL ADDITIONAL WALL SIGNAGE - IN EXCESS OF THE PRESCRIBED LIMITATIONS IN DEVELOPMENT CODE SECTION 19.22.150 (C) (3) (A) BLEIER INDUSTRIES. LTD. - CONTINUED FROM NOVEMBER 2, 1992 (36) This is the time and place continued to for consideration of an appeal of the Planning Commission's denial of Variance No. 92- 09 to install additional wall signage in excess of the prescribed limitations contained in Development Code Section 19.22.150(C)(3)(a). In a memorandum dated November 6, 1992, Al Boughey, Director of Planning and Building Services, stated that on November 2, 1992, the Mayor and Council upheld the applicant's appeal, approved Variance No. 92-09 in concept, and referred the matter back to staff to develop conditions of approval and positive findings of fact; and directed staff to request that the Planning Commission formulate a recommendation to amend the Development Code sign regulations to address standards for interior signs that are visible from the exterior of the building. Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Variance No. 92-09 be approved based on the findings of fact and subject to the conditions of approval; and that the request for Planning Commission review be reconsidered and revised. COUNCIL MEMBER HERNANDEZ RETURNED At 2:06 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. 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. There was no action on Mayor and Common Council items during this portion of the meeting. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:05 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 29 11/16/92 COUNCIL MEMBER HERNANDEZ RETURNED At 2:06 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. COUNCIL MEMBER At 2:10 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the CITY ATTORNEY PENMAN RETURNED At 2:23 p.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. CITY ADMINISTRATOR CLARK RETURNED At 2:24 p.m., City Administrator Clark returned to the Council meeting and took her place at the council table. REQUEST TO INSTALL STOP SIGNS - MACY STREET AT THE INTERSECTION OF WALNUT & ELLEN STREETS - COUNCIL MEMBER HERNANDEZ (Continued from earlier in the meeting) (See page 16) (33) Anwar Wadgy, Traffic Engineer, Public Works, explained that the original request made to the Traffic Safety Committee was for a four-way stop at the intersection of Macy and Ellen Streets. The request was denied; however, two yield signs were installed. After further evaluation the yield signs were upgraded to a two way stop on the side streets in the east/west direction, and staff continues to monitor the intersection. He stated that a traffic study was not conducted specifically for pedestrian traffic, as the traffic study indicated that traffic was typical of a residential street near a school. The intersection does not warrant a four-way stop sign, and there is no record of prior accidents. Council Member Minor made a motion, that the request to install stop signs on Macy Street at the intersection of Walnut and Ellen Streets, be denied. The motion failed for lack of a second. City Attorney Penman recommended that a study of pedestrian traffic be performed at the intersection. Council Member Estrada made a substitute motion, seconded by Council Member Reilly, and unanimously carried, that the request to install stop signs on Macy Street at the intersection of Walnut and Ellen Streets, be referred to the Traffic Safety Committee for the purpose of studying the impact on pedestrian (children) traffic. 30 11/16/92 RECESS MEETING - CLOSED SESSION (1 & 5-2) At 2:39 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the li tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding li tigation 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 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 Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Citv of San Bernardino vs. Libertv Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; 31 11/16/92 Citv of San Bernardino vs. County of San Bernardino. et al- Riyerside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - United States District Court Case No. 92-4415 WDK (Ex); Guardian Bank VB. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; City of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Marvanne Johnson vs. City of San Bernardino - San Bernardino Superior Court Case No. SACV 92-575; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Carl B. Alston vs. City of San Bernardino et al - United States District Court Case No. CV 90-0012 WRJ; Victor Aquilar. et al YS. Cal Ney Pipeline Co. - Los Angeles Superior Court Case No. C751026; Edmena Burney. et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickey. Inc.. vs. Cal Nev Pipe Line Co.. Citv et al- San Bernardino Superior Court Case No. 2513l0; Ervin Hawkins. et al vs. So. Pac. Transportation Co.. - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 256173; Mary E. Washinoton vs. So. Pac. Transportation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corporation. et al- San Bernardino Superior Court Case No. 255165; Ci tv of San Bernardino vs. Alcarez (Danny's Towinq) - San Bernardino Superior Court Case No. 266408; Wheeler vs. Little Leaque Baseball. at al - San Bernardino Superior Court Case No. 264422; 32 11/16/92 Kranvac vs. Countv/Citv - United States District Court Case No. SACV 91-400 GLT (RWRx); Murphv vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 254764 SACV 91-400 GLT (RWRx); Oranae Show Lincoln Mercury vs. Citv of San Bernardino/RDA- United States District Court - Case No. CV 88-003617 RMT. CLOSED SESSION At 2:39 a.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Senior Assistant City Attorney Barlow; Timothy Steinhaus, Agency Administrator, Kenneth Henderson, Executive Director, Development Department, and David Edgar, Housing Division Manager, Economic Development Agency. .- ADJOURN CLOSED SESSION At 2:52 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:53 p.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. 33 11/16/92 ADJOURNMENT At 2:53 p.m., the regular meeting Council adjourned to 8:30 a.m., Monday, Council Chambers of City Hall, 300 Bernardino, California. (37) of the Mayor and Common December 7, 1992, in the North "D" Street, San RACHEL CLARK City Clerk By ~..,-' ~~ Melanie Vale Deputy City Clerk No. of Items: 61 No. of Hours: 6 34 11/16/92