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HomeMy WebLinkAbout07-01-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO JULY 1, 1991 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 8:35 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. RECESS MEETING At 8:35 a.m., the Mayor and Development Commission recessed following: (1) Common Council and Community to closed session for the a. 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: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. 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; e. to confer with the litigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 7/1/91 f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), 50 that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 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; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Citv of Redlands vs. Inland Valley Development Agencv. et al - San Bernardino Superior Court Case No. 255222; County vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241. Citv of Indians. 6899 WJR San Bernardino vs. et al - United States (Bx) ; San Manuel Band of Mission District Court - Case No. 85- Citv of San Bernardino vs. Dvkes - San Bernardino Superior Court Case No. 254883; Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E008652; Zaharopoulos vs. Ci tv of San Bernardino - United States District Court - Case No. SACV 90-519 RWR; City of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749; Anderson. Brenda vs. Citv of San Bernardino - San Bernardino Superior Court - Case No. 243039; Thompson. Keith vs. Citv of San Bernardino Court of Appeal, Fourth Appellate District - Case No. E007275. CLOSED SESSION At 8:35 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. 2 7/1/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Council Member Estrada, City Clerk Krasney, City Administrator Edwins. Also present: Deputy City Attorney Velarde, Executive Assistant to the Mayor; Simmons. Roth; J. Lorraine Deputy City Attorney READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones 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 CLERK KRASNEY AND CITY ADMINISTRATOR EDWINS ARRIVED City Clerk Krasney and City Administrator Edwins arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED Deputy City Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 8:58 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:31 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 with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. INVOCATION The invocation was given by Dr. Tom Harvick of Central Christian Church. COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the Council meeting and took her place at the council table. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. 3 7/1/91 ANNOUNCEMENT - COUNCIL MEMBER MILLER Council Member Miller extended an invitation to to participate in the 4th of July Celebration scheduled at Seccombe Lake Park. (2) all citizens festivities RESOLUTION COMMENDING - PEPSI-COLA COMPANY (2) Mayor Holcomb gave special acknowledgement to Pepsi-Cola Company for launching the "Let's Build a Pepsi Playpark" program as a part of a community relations effort to revitalize urban parks. Pepsi-Cola Company provided approximately $17,000 for playground equipment at Seccombe Lake Park. John Barber and Joe Kirby of Pepsi-Cola accepted the certificate of commendation from Mayor Holcomb. John Barber and Joe Kirby, on behalf of Pepsi-Cola Company, presented a T-shirt to Mayor Holcomb officially making him "Mayor of Playland". COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Council meeting and took her place at the council table. PUBLIC COMMENTS - SAM CATALANO - CAROUSEL PROJECT (3) Sam Catalano, on behalf of the Central City Mall merchants, presented the City with a $50,000 check for the Fine Arts Commission. Mr. Catalano gave an update on the progress of the carousel project. He stated that the carousel has been ordered and the signs for the Mall are ready for approval. Mr. Catalano stated that the grand opening is projected for the first week in November, 1991. PUBLIC COMMENTS - TOM ROTH (3) Tom Roth, Foundation for Blind Independence and Awareness, 10034 Country Lane, Yucaipa, CA, announced that he owns a non- profi t organization called Audio Vision Sound to See By, which provides a radio reading service for the blind in the Inland Empire. The broadcasts are aired from Yucaipa and provides coverage from Banning to Los Angeles. Mr. Roth requested financial assistance from the City in the amount of $5,000 to help support his organization. PUBLIC COMMENTS - KEITH REYNOLDS Keith Reynolds, 1400 Edgehill Road, #48, CA, gave an update regarding the various homeowners living in the Arden and Guthrie area. (3) San Bernardino, meetings with PUBLIC COMMENTS - BOB CANTU Bob Cantu, P.O. Box 1411, San regarding the City's lack of efficiency requests presented before the Council. (3) Bernardino, CA, spoke in responding to citizens He stated that he still 4 7/1/91 has not received a reply to a request for financial assistance for the Sawyer building on "0" Street. APPOINTMENT - DR. MAYA LEE - POLICE COMMISSION (4) In a memorandum dated requested the appointment of Avenue, San Bernardino, CA, as Commission. June 18, 1991, Mayor Holcomb Dr. Maya Lee, 1797 W. Arrowhead an alternate member to the Police Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Dr. Maya Lee, as an alternate member to the Police Commission, as requested by Mayor W. R. "Bob" Holcomb, be approved. APPOINTMENT COMMISSION LYLE STOTELMYRE COMMUNITY T. V . (4) In a memorandum dated June 24, 1991, Mayor Holcomb requested the appointment of Lyle Stotelmyre, 163 E. 39th Street, San Bernardino, CA, as an alternate member to the Community T.V. Commission. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Lyle Stotelmyre, as an alternate member to the Community T.V. Commission, as requested by Mayor W. R. "Bob" Holcomb, be approved. APPOINTMENT - DANIEL H. ORTEGA - PLANNING In a memorandum dated July recommended the appointment of Daniel San Bernardino, CA, to the Planning Council Member Ralph Hernandez, Third 1, 1991, H. Ortega, Commission Ward. COMMISSION (4) Mayor Holcomb, 1911 Oak Street, as requested by Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Daniel H. Ortega to the Planning Commission, as requested by Council Member Ralph Hernandez, Third Ward, be approved. APPOINTMENT - PETE CORTEZ - BUILDING COMMISSION (4) In a memorandum dated June 24, 1991, Mayor Holcomb, recommended the appointment of Pete Cortez, 1336 W. Poplar Street, San Bernardino, CA, as a member to the Building Commission, as requested by Council Member Ralph Hernandez, Third Ward. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Pete Cortez to the Building Commission, as requested by Council Member Ralph Hernandez, Third Ward, be approved. 5 7/1/91 APPOINTMENT - ARNOLD GOMEZ - COMMUNITY T. V. COMMISSION (4) In a memorandum dated June 24, 1991, Mayor Holcomb, recommended the appointment of Arnold Gomez, 1353 W. Chestnut Street, San Bernardino, CA, as a member to the Community T. V . Commission, as requested by Council Member Ralph Hernandez, Third Ward. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Arnold Gomez to the Community T. V. Commission, as requested by Council Member Ralph Hernandez, Third Ward, be approved. APPOINTMENT COMMISSION RALPH M. BOTELLO ANIMAL ADVISORY (4) In a memorandum dated June 24, 1991, Mayor Holcomb, recommended the appointment of Ralph M. Botello, 570 S. Eureka Avenue, San Bernardino, CA, to the Animal Advisory Commission, as requested by Council Member Ralph Hernandez. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Ralph M. Botello to the Animal Advisory Commission, as requested by Council Member Ralph Hernandez, Third Ward, be approved. APPOINTMENT COMMISSION PATRICIA A. COOK CIVIL SERVICE (5-2) In a memorandum dated June 24, 1991, requested the appointment of patricia A. Cook, Street, San Bernardino, CA, to the Civil Service Mayor Holcomb, 1677 W. Gilbert Commission. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of patricia A. Cook to the Civil Service Commission as requested by W. R. "Bob" Holcomb, Mayor, be approved. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - APRIL 15, 1991 AND MAY 6, 1991 (6) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: April 15, 1991 and May 6, 1991. 6 7/1/91 ACQUISITION OF TELEVISION - NICHOLSON COMMUNITY CENTER - THIRD WARD PARK EXTENSION FUNDS $971 (8) In a memorandum dated June 20, 1991, Annie Ramos, Director, Parks, Recreation and Community Services, requested approval of $971 from Third Ward Park Extension funds for the acquisition of a television for Nicholson Community Center. The television would be used primarily by the seniors who patronize the facility for the Senior Nutrition Program and other senior programs. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that $971.00 from Third Ward Park Extension Funds for the acquisition of a television set for Nicholson Community Center, be approved. INSTALLATION OF TRAFFIC SIGNALS AT EAST BOUND OFF-RAMP TO WATERMAN AVENUE, FROM ROUTE I-10 - PLAN NO. 8047 (9) In a memorandum dated June 19, 1991, Roger G. Hardgrave, Director, Public Works/City Engineer, requested approval of plans and authorization to advertise for bids for the installation of traffic signals at the eastbound off-ramp from Route I-10 to Waterman Avenue, via Redlands Boulevard and including the widening of the off-ramp. The total estimated project cost is $190,000. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of traffic signals and ramp widening at the east- bound off-ramp from Route I-IO to Waterman Avenue, in accordance with Plan No. 8047, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. MAINTENANCE LANDSCAPING ASSESSMENT DISTRICT BOULEVARD, PEPPER LINDEN DRIVE AREA CAJON (11) In a memorandum dated June 11, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to proceed with the formation of an assessment district for the maintenance of landscaping in portions of Cajon Boulevard and Pepper Linden Drive along and adjacent to the easterly boundary of Tract No. 14503-1. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an engineer's report for the proposed maintenance of landscaping in portions of Cajon Boulevard, Pepper Linden Drive, along and adjacent to the easterly boundary of Tract No. 14503-1 in easements to be granted 7 7/1/91 to the City and the retention basin located along the south boundary of the Tracts all in the City of San Bernardino. WATER SYSTEM INTERTIE - BACK-UP WATER SYSTEM - NEW CARDIFF FARMS MUTUAL WATER COMPANY (12) In a memorandum dated June 17, 1991, Cheryl A. Flowers, Assistant General Manager, Water Department, stated that the City of San Bernardino Municipal Water District had received a request for a permanent emergency water intertie from the New Cardiff Farms Mutual Water Company, which provides water service to approximately 272 residences and businesses in the Tippecanoe and Third Street area. The intertie would only be used in an emergency situation to provide a back-up supply of drinking water to customers in the Cardiff Farms service area, which is located outside of the corporate limits of the City. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, to approve a water system intertie with the New Cardiff Farms Mutual Water Company to provide a back-up supply of water for emergency purposes only to protect public health and safety. CLAIMS AND PAYROLL (13) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated June 25, 1991, from the Director of Finance, be approved. RES. 91-270 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING FURTHER EXPANSION OF OMNITRANS IN THE AREA OF 1700 WEST FIFTH STREET, SAN BERNARDINO. (18) RES. 91-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO ANIMAL SHELTER SERVICES. (19) RES. 91-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO ANIMAL SHELTER SERVICES. (20) RES. 91-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JULY 1, 1991 THROUGH AUGUST 30, 1991. (21) 8 7/1/91 RES. 91-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH SENIOR PROGRAMS CORPORATION TO PROVIDE SENIOR AIDES TO CITY WORK SITES. (22) RES. 91-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO POLICE DEPARTMENT AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO ADDRESSING THE ILLICIT DRUG ACTIVITY IN PUBLIC HOUSING COMPLEXES KNOWN AS 9TH STREET AND WATERMAN GARDENS. (23) RES. 91-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (24) RES. 91-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE CONTRACT FOR THAT CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE OF 40TH STREET, WEST OF ACRE LANE. (25) RES. 91-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR CITY BUILT IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWOOD DRIVE AND THE SAND CREEK CHANNEL, WEST OF VICTORIA AVENUE. (26) RES. 91-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOVEY ELECTRIC, INC. FOR INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT HOSPITALITY LANE AND COMMERCENTER EAST. (27) RES. 91-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. ( 28 ) RES. 91-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (29) RES. 91-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (30) 9 7/1/91 RES. 91-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE. (32) RES. 91-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (34) Council Member Minor made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 91-270, 91-271, 91-272, 91-273, 91-274, 91- 275, 91-276, 91-277, 91-278, 91-279, 91-280, 91-281, 91-282, 91- 283, and 91-284 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-796 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS. FINAL (35) ORD. MC-797 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.70.020 AND ADDING SECTION 9.70.030 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SEGREGATION OF CERTAIN MATERIAL FOR THE PROTECTION OF MINORS. FINAL (39) Council Member Minor made a motion, seconded by Council Member Estrada, that said ordinances be adopted. Ordinance Nos. MC-796 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and MC-797 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reil1y, None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. BOXING MATCH AT FISCALINI FIELD BASEBALL CLUB - JULY 26, 1991 SAN BERNARDINO (7) In a memorandum dated June 18, 1991, John A. Kramer, Superintendent of Recreation, for the Parks, Recreation and Community Services Department, stated that he received a request from the San Bernardino Spirit Baseball Club to use Fiscalini Baseball field for a boxing match on July 26, 1991. The lessee is responsible for utility costs and any required costs for labor, 10 7/1/91 materials and supplies. In addition, the City will receive five percent of the gross receipts generated by this event. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the Spirit Baseball Club's request for use of Fiscalini Field on July 26, 1991, for a boxing match, be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. REPLACEMENT OF CONSULTANTS INVESTMENT BANKING SERVICES - CAJON AND PEPPER LINDEN DRIVE ACQUISITION ASSESSMENT DISTRICT NO. 1003. (10) In a memorandum dated June 18, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the consul ting firm of Bateman, Eichler, Hill Richards, who were providing investment banking services for Assessment District No. 1003, is no longer operating in the San Bernardino area. Staff recommended that the firm of Stone and Youngberg replace Bateman, Eichler, Hill Richards to provide these services. Mr. Hardgrave explained that given the time constraint, the process to obtain Request for Proposals was waived. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the City Engineer be authorized to replace the firm of Bateman, Eichler, Hill Richards with the firm of Stone and Youngberg for investment banking services, relative to the formation of Assessment District No. 1003 for the acquisition of a portion of the off-site improvements in Tentative Tract No. 14503, and waiving the process of obtaining Requests for Proposals. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. PERSONNEL ACTIONS (14) City Administrator Edwins answered questions regarding the process for granting "out of phase" merit increases to City employees. She stated that these types of increases are granted to employees who exceed employment standards for their positions. She added that in some cases, "out of phase" merit increases are negotiated at the time of hiring. 11 7/1/91 Council Member Miller made a motion to approve the personnel actions submitted by the Chief Examiner, dated June 20, 1991, in accordance with all administrative regulations of the City of San Bernardino, with the exception of line item 6. The motion failed for lack of a second. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the personnel actions submitted by the Chief Examiner, dated June 20, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Miller. Absent: None. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF 20 PERCENT OF THE ACTUAL REVENUES COLLECTED FROM THE TRANSIENT OCCUPANCY TAX DURING FISCAL YEAR 1991/92. (15) A discussion ensued regarding amending the resolution to include language regarding placing a cap on the actual revenues col1ected from the transient occupancy tax. The Bureau would receive 2% of the transient occupancy tax not to exceed its budget of $286,000 and any monies received over 2% would come back to the City. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, to continue the resolution until later in the meeting to al10w the City Attorney an opportunity to incorporate language placing a cap on the actual revenues collected not to exceed $286,000; and that any monies received over the 2% would come to the City. (See page 29) COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. RES. 91-285 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNICOM, INC. TO PERFORM CONSULTING SERVICES RELATING TO THE PROVISION OF SPECIFIC ENGINEERING COMMUNICATIONS SERVICES IN SUPPORT OF THE MOBILE DATA TERMINAL SYSTEM INSTALLATION PROJECT. (16) 12 7/1/91 A discussion ensued regarding whether or not the agreement with Omnicom, Inc., provided consulting services for laptop computer systems and equipment for the Police Department. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-285 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. RES. 91-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (17) Manuel Moreno, Jr., Director of Public Services, answered questions regarding the agreement for refuse disposal service to Patton State Hospital. He stated that this agreement incorporates the increased tipping fees implemented by the County and costs for wear and tear on City vehicles. Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-286 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Minor. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 994, CITY-WIDE STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT. (31) A discussion ensued regarding how newly annexed areas are assessed within an assessment district. Steve Filson, President, San Bernardino Police Association, spoke concerning the $500,000 disbursement in last year's budget which was set aside for upgrading the benefit package for the Police Department. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. 13 7/1/91 Mr. Filson stated that the $500,000 disbursement was removed from the 1991-92 budget. He requested reinstatement of the $500,000 disbursement in the 1991-92 budget. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Council Member Estrada made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to continue said resolution until the afternoon session. (See page 29) RES. 91-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO THREE-T EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF ONE (1) SEWER-PIPE TELEVISION INSPECTION SYSTEM, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-09. (33) Manuel Moreno, Jr., Director of Public Services, answered questions regarding the cost of the equipment and explained the advantages of acquiring a sewer-pipe television inspection system. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-287 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Barlow. and was ORD. MC-798 AN BERNARDINO AMENDING BERNARDINO MUNICIPAL HOME RENT INCREASES. ORDINANCE OF THE CITY OF SAN SECTION 8.90.170 OF THE SAN CODE RELATING TO HARDSHIP MOBILE FINAL (36) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance No. MC-798 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: None. ORD. MC-799 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030 OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE RELATING TO ADULT BOOK STORES. FINAL (37) 14 7/1/91 Council Member Miller made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-799 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, ORD. MC-800 AN BERNARDINO AMENDING SECTION 3.68.010.C ABATEMENTS. ORDINANCE OF THE CITY OF SAN BERNARDINO MUNICIPAL RELATING TO INTEREST ON FINAL SAN CODE CITY (38) Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinance be adopted. . Ordinance No. MC-800 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: None. RECESS MEETING At 10:30 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 10:39 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, Ci ty Administrator Edwins. Absent: Council Member Pope-Ludlam. PUBLIC HEARING RESOLUTION This is the time discuss rate increases collection. - PROPOSED REFUSE RATE INCREASE - ADOPT (40) and place set for a public hearing to for residential and commercial refuse Mayor Holcomb opened the hearing. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Manuel Moreno, Jr., Director of Public Services, answered questions regarding the increase in tipping fees. He stated that the new tipping fees at County landfill sites have increased from $23.50 to $29.20 per ton. The new tipping fees increase the household refuse collection and disposal rates by $2.00 per 15 7/1/91 household; $1.00 for mobile homes and apartment complexes, and $.70 for commercial property. A discussion ensued regarding reducing the refuse haul.ing service to once a month and the anticipated cost savings. The Council suggested that the City consider decreasing the overall costs in fees as some residents cannot afford to pay these fees. Mr. Moreno answered questions regarding the State' s requirement to implement a recycling program to reduce the amount of solid waste by 25% by the year 1995, and 50% by the year 2000. Council Member Mil1er made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. RES. 91-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FROM THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 90-244 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (40) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-288 was adopted by the following Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. PUBLIC HEARING - VACATION OF THE NORTH/SOUTH ALLEY- BETWEEN LYNWOOD DRIVE AND MARSHALL BOULEVARD BETWEEN MOUNTAIN AVENUE AND SANCHEZ STREET (41) This is the time and place set for a public hearing on the street vacation of the north/south alley lying between Lynwood Drive and Marshall Boulevard between Mountain Avenue and Sanchez Street. In a memorandum dated June 12, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that staff received a request from Dr. Steve Brodie to vacate the north/south alley lying between Lynwood Drive and Marshall Boulevard and between Mountain Avenue and Sanchez Street, in an effort to eliminate the vandalism, dumping, and other unauthorized and illegal activity taking place in the alley. Mayor Holcomb opened the hearing. J. D. Willis, a resident of the City, spoke in support of the closure of the alley. 16 7/1/91 RES. 91-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH/SOUTH ALLEY LYING BETWEEN LYNWOOD DRIVE AND MARSHALL BOULEVARD AND BETWEEN MOUNTAIN AVENUE AND SANCHEZ STREET. (41) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that certain north/south alley lying between Lynwood Drive and Marshall Boulevard and between Mountain Avenue and Sanchez Street, is no longer necessary for street purposes, be adopted. Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-289 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:06 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RES. 91-290 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CENTER FOR INDIVIDUALS WITH DISABILITIES. (R-l) RES. 91-291 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY. (R-2) RES. 91-292 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC. (R-3) RES. 91-293 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FIRST FUND OF CHILDREN'S RESOURCES, INC. (R-4) 17 7/1/91 RES. 91-294 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OFFICE ON AGING/CATHOLIC CHARITIES. (R-5) RES. 91-295 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. (SHELTER) (R-6) RES. 91-296 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS. (R-7) RES. 91-297 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. (R-8) RES. 91-298 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER. (R-9) RES. 91-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY, CCMA, INC., AND THE CENTRAL CITY COMPANY. (R-16A) RES. 91-300 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO FOR $900,000.00 TO BE SECURED BY TAX ALLOCATION BOND PROCEEDS. (R-16B) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 295, 91-296, 91-297, the following vote: Hernandez, Maudsley, Absent: None. 91-290, 91-291, 91-292, 91-293, 91-294, 91- 91-298, 91-299, and 91-300 were adopted. by Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: None. 18 7/1/91 INSTALLATION OF SOUND SYSTEM MATTY SOUND SYSTEM STURGES AUDITORIUM- (R-15) In an undated memorandum, Ken Henderson, Executive Director, Development Department, requested authorization to award a bid in the amount of $38,716.00 from Collateralized Mortgage Obligation Residual (CMO) funds, to Matty Sound System for the installation of a sound system at Sturges Auditorium. A discussion ensued regarding the availability report showing how the Collateralized Mortgage Residual (CMO) monies have been utilized. of a status Obligat.ion Mr. Henderson answered questions regarding the funding source for this project. He explained that approximately $500,000 of the CMO funds are unrestricted and can be used for any purpose allocated by the Mayor and Common Council. The Council expressed concern regarding the use of Redevelopment funds to finance fine arts projects. Mayor Holcomb stated that the Sturges Foundation has tried to remain self-sufficient, but is in need of a new sound system to accommodate those performing at the Auditorium. Council Member Reilly made a motion, seconded by Council Member Estrada, that the Mayor and Common Council award the bid for the installation of a sound system at Sturges Auditorium to Matty Sound System in an amount not to exceed $38,716.00. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. CHILD CARE FACILITY - PROVISIONAL ACCELERATED LEARNING CENTER (PAL) (R-17) In a memorandum dated June 21, 1991, Kenneth J. Henderson, Executive Director, Development Department, recommended approval of a request from Dr. Mildred Henry, of the PAL Center, for financial assistance for implementation of a child care center located at 1686 W. 19th Street. Ken Henderson explained that since the CDBG monies had already reached its cap of 15%, Collateralized Mortgage Obligation Residual (CMO) monies can be used to finance the costs of the child care facility. The amount to be financed is approximately $83,042.00. 19 7/1/91 Dr. Mildred Henry, President, provisional Education Services, Inc., and Director, Provisional Accelerated Learning Center (PAL), explained that a request for financial services from the City of San Bernardino was made because the original promise of a Head Start Program did not materialize. The County of San Bernardino has agreed to purchase a facility for a child care program on the Westside, providing the City of San Bernardino finances the costs of implementing the child care services. Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council consider the funding of certain start-up costs associated with the provisional Accelerated Learning (PAL) Center proposed child care facility, with the provision that such funding, in whatever amount deemed appropriate by the Mayor and Common Council, be a one-time only infusion of public assistance using Collateralized Mortgage Obligation Residual Funds. The motion carried by the fol1owing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Member Minor. Absent: Council Member Miller. Ken Henderson stated that there is an urgency regarding the development of the agreement. He requested that staff be authorized to prepare and execute the agreement without having to bring the agreement back for approval. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that staff be authorized to prepare and execute an agreement with the provisional Accelerated Learning Center (PAL). COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. RES. 91-301 COUNCIL OF THE FIRST AMENDMENT DUKES-DUKES AND RESOLUTION OF THE MAYOR AND COMMON CITY OF SAN BERNARDINO APPROVING THE TO THE JOINT DEVELOPMENT AGREEMENT WITH ASSOCIATES. (RS-lA) Council Member Miller made a motion, seconded .by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 91-301 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: None. Absent: None. 20 7/1/91 DISCUSSION - RENTAL HOUSING FEES - COUNCIL MEMBER POPE- LUDLAM (44) Bernice Williams, 1191 Baseline, requested clarification regarding why she had to pay for two rental business licenses for a building that has only one address. City Clerk Krasney explained that corrected and that Mrs. Williams would not the second rental license fee. this matter had been be required to pay for Margaret Cisneros, a resident of the City, expressed concern regarding payment of single family license. She stated that it was her understanding that payment of the single family license fee would guarantee rental propert.ies in the Ci ty would be maintained according to City standards. She felt that property owners who did not maintain their properties should be charged a higher license fee than those who comply with City standards. City Administrator Edwins explained that the $60.00 rate is a minimum fee. Property owners who have more than one unit are charged accordingly, based on gross receipts. If the property owner does not pay the license fee or maintain the property, the City places a lien against the property and the owner pays more than the minimum fee. City Attorney Penman explained that through code enforcement and sweeps taking place in the City, many property owners are becoming more aware of the City' s property maintenance requirements. No action was taken. (Item discussed later in the meeting. See page 27) RECESS MEETING At 12:04 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, to discuss the City's budget. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., the regular meeting of the Mayor and Common Council reconvened in the MIC Room, Sixth Floor, City Hall,300 North "D" Street, San Bernardino, to discuss the City's budget. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Reilly. 21 7/1/91 DISCUSS CITY'S BUDGET (45) This is the time and place set to discuss the City's budget. City Administrator Edwins stated that the budget crisis for the City had not changed and the City is faced with a $1.1 million dollar deficit. She stated that there were two possible alternatives in dealing with the situation: 1) raise revenues or 2) impose a hiring freeze. She pointed out that if the City chose to implement a hiring freeze, the hiring freeze would affect all departments, including the Police Department, with the exception of assessment district positions. City Administrator Edwins recommended adoption of the budget with the understanding that changes can be made at any time, when revenue sources or possible cuts have been identified. As a means of raising revenue to offset the City's budget, Mayor Holcomb proposed a one percent utility tax increase to sunset when the County stops charging prisoner booking fees. City Administrator Edwins answered questions regarding the status of the City' s efforts in trying to stop the County from charging prisoner booking fees. She stated that the City won a restraining order, but that the City cannot get its money back from the County, because the County collected the property taxes prior to implementation of the City's restraining order. Consolidation of City Elections with Countv School Board As a revenue enhancement, City Administrator Edwins proposed as a revenue enhancement the consolidation of the City'S election with the County School Board' 5 election. She explained the benefits of consolidating the 1993 election with the School Board as follows: the City would cut its election costs in half, the School Board would cut its costs in half, and the term of office for City elected officials would be extended by one year. City Clerk Krasney answered questions regarding elections held this year. She stated that the General Elections held this year cost over $100,000. Ms. Edwins stated that the County would conduct the Primary election, and the City would conduct the General Election. the cost for Primary and City Clerk Krasney answered questions regarding the cost to place a Charter amendment on the November 1991 ballot. She stated that the approximate cost is $40,000, and that July 8, 1991 is the last day to inform the County of placing a measure on the November 1991 ballot. 22 7/1/91 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that a Charter amendment be placed on the November 1991 ballot requesting the voters to allow the City to consolidate with the School Board elections. A discussion was held on the disadvantages of consolidating City elections with the School Board. It was pointed out that there would be competition between City officials and School Board officials for campaign funds and publicity. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to continue the matter relative to placing a Charter amendment on the November 1991 ballot until 4 p.m., Wednesday, July 3, 1991, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Special Business License - Graffiti Removal Mayor Holcomb proposed another revenue enhancement of establishing a special business license tax for any business which sells cans of spray paint and markers. He stated that removal of graffiti costs the City approximately $50,000 to $70,000 each year. Sponsorships Television Advertisements - Channel 3 Mayor Holcomb stated that Pepsi-Cola Company has expressed a desire to sponsor the City's nightly newscast. It was suggested that sponsorships be made available for advertisements on Channel 3. Police Department $500.000 Al1ocation - Street Liohtino and Sweepino Assessment District City Administrator Edwins explained that there is a misunderstanding with the Police Association regarding the $500,000 allocation for police benefits derived from the street lighting and street sweeping assessment district. She stated that the Police Association felt that the $500,000 allocation was available on a yearly basis. A discussion was held regarding the intended use of the $500,000 allocation. Steve, Filson, President, San Bernardino Police Association, stated that it was his understanding that the $500,000 allocation was to be a sustaining benefit. He stated that having this benefit is an enticement for recruiting new officers. Mr. Filson answered questions stating allocation was used for medical benefits officers. that the $500,000 for retired police 23 7/1/91 City Administrator Edwins expressed concern regarding the unfairness of the Police Association discussing this issue before the Council. She felt that the allocation of the $500,000, as a police benefit, should be discussed as part of the negotiation process. She read for the record a portion of a letter from Robert Krause, the Police Association' 5 attorney, establishing the ground rules for negotiations: "It is mutually agreed that discussions at the negotiation table are confidential in nature and may not be discussed with the news media, unless as mutually agreed, or until an impasse has been declared". Dan Robbins, Police Chief, suggested that the Police Association consider receiving a percentage of the money collected through the assessment district as opposed to always having $500,000 in the budget earmarked for police benefits. A discussion ensued regarding how the City would continue to provide the $500,000 allocation to the Police Department after the assessment district sunsets in five years. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, to instruct the negotiators to come up with a benefit package, formulated on a percentage of the assessment collected through property taxes, primarily for retention and attraction of new police officers, and that this benefit would not become a vested right beyond the sunset clause in the assessment district. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Members Reil1y, Miller. City Administrator Edwins suggested that the benefit package be designed on a tier basis with different benefits for new and existing officers. RECESS MEETING (lA) At 1:25 p.m., the luncheon workshop recessed to closed session 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: CLOSED SESSION At 1:31 p.m., Mayor Holcomb called the closed session to order in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 24 7/1/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Reilly, Miller. COUNCIL MEMBER ESTRADA EXCUSED At 1:35 p.m., Council Member Estrada left the Council meeting. COUNCIL MEMBER MILLER ARRIVED At 1:37 p.m., Council Member Miller arrived at closed session. ADJOURN CLOSED SESSION At 1:40 p.m., the closed session adjourned until 2:00 p.m, at the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:05 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll calI was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope-Ludlam, Miller. RES. 91-302 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROHIBITING THE SALE, DONATION OR GIVING AWAY OF ANIMALS FOR RESEARCH. (47) COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. Mayor Holcomb explained that he was not opposed to animal research but opposed pet research. He stated that the City has a policy not to sell any animal that has been identified as a pet. Animal Control personnel have separated pets from non-pets and the non-pets may be purchased for research. This policy has been in effect for three years and costs the City approximately $10,000 per year. COUNCIL MEMBERS POPE-LUDLAM AND ESTRADA ARRIVED Council Members Pope-Ludlam and Estrada arrived at the Council meeting and took their places at the council table. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. 25 7/1/91 Debi Biggs, Director of Animal Control, answered questions regarding the number of animals sold for research purposes. She explained how each animal designated for research is monitored from the time it comes to the facility until it leaves. She stated that animals which are not purchased by a research company are either adopted or euthanized. She stated that approximately 10% of the animals are adopted. Debi Biggs answered questions and stated that 225 animals were euthanized. A discussion ensued regarding a new law which requires the City to hold animals for a minimum of five days. It was pointed out that as long as the City has a policy that al10ws the sale of animals, the City and Animal Control Director are subject to civil and criminal penalties. City Attorney Penman encouraged the Council to bring the animal shelter into compliance with the new law, which went into effect February 15, 1991. Debi Biggs answered questions regarding the costs to house the animals for the required five days. She stated that the present facility would have to be expanded and that costs could be approximately 1/4 million dollars. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, to continue the resolution until the next meeting to review official policy and 50 that the City can endorse an initiative to the people. It was pointed out that the issue of bringing an initiative before the residents of the City on the sale of animals for research may come back at a future date. Council Member Hernandez withdrew his motion and Council Member Pope-Ludlam withdrew her second. Council Member Minor restated his motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-302 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RECESS MEETING At 2:40 p.m., Mayor Holcomb declared a five-minute recess. 26 7/1/91 RECONVENE MEETING At 2: 47 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. City Attorney Penman, City Clerk Krasney. Absent: Council Member Miller, City Administrator Edwins. RECONSIDERATION SALE OF SINGLE CANS OF BEER CONDITIONAL USE PERMIT NO. 90-75 - JAMAL RAHMAN - 2715 W. FOOTHILL BOULEVARD (48) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to reconsider the motion regarding the sale of single cans of beer for Conditional Use Permit No. 90-75, approved at the June 17, 1991, Council meeting. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Member Minor. Absent: Council Member Miller. Larry Reed, Assistant Director, Planning and Building Services, stated that it was his understanding that the Council's action on June 17, 1991, removed the restriction on the sale of single cans of beer. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. City Clerk Krasney confirmed the Council's action taken at the June 17, 1991 Council meeting. She stated that the tape recording of the meeting indicated that Condition "F", prohibiting the sale of single cans of beer was included as part of the motion. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to eliminate Condition "F" thereby allowing the sale of single cans of beer and wine cooler containers with a review period in six months. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Maudsley, Pope-Ludlam. Council Members Reilly, Minor, Miller. Absent: None. Council Nays: DISCUSSION REGARDING RENTAL HOUSING FEES - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 21 (44) This is the time and place continued to from earlier in the meeting to discuss rental housing fees. 27 7/1/91 A discussion ensued regarding the impact of imposing additional rental housing fees on property owners who rent to low-income families. It was also pointed out that low income property owners are not able to pass these costs on to the tenant as more affluent property owners are able to do. Council Member Pope-Ludlam expressed her opposition to paying the rental business license fees for her property. No action was taken. DISCUSSION REGARDING COUNTY HOSPITAL This is the time and place set for discussion County Hospital. Mayor Holcomb stated that the City's position is to keep the County Hospital in San Bernardino. As outlined in Res. 89-443, adopted November 20, 1989, the City of San Bernardino offered the County the property located at Pacific and Arden Streets for hospital purposes. (43) regarding the Mayor Holcomb further stated that the City would urge the County to look at other sites within the City, particularly the vacant land located on 9th Street, between Tippecanoe and Del Rosa. Council Member Pope-Ludlam support for the County Hospital to site. stated for the record her be located at the Patton Park Mayor Holcomb stated its position regarding the it would be appropriate November 20, 1989. that if the Council wished to change proposed site for the County Hospital, to reconsider previous action taken Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to reconsider action taken at the Mayor and Common Council meeting of November 20, 1989, in which Res. 89-443 was adopted authorizing the City to make available to the County, for hospital purposes, the property located at Pacific and Arden Streets. The motion failed by the following Members Estrada, Hernandez, Pope-Ludlam. Reilly, Maudsley, Minor, Miller. Absent: vote: Nays: None. Ayes: Council Council Members RES. 91-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (Continued from June 17, 1991) (46) 28 7/1/91 Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. None. No. 91-303 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: Council Member Pope-Ludlam. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF 20 PERCENT OF THE ACTUAL REVENUES COLLECTED FROM THE TRANSIENT OCCUPANCY TAX DURING FISCAL YEAR 1991/92. (Continued from earlier in the meeting. See page 12) (15) City Attorney Penman requested that the resolution be continued to the next Council meeting. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the proposed resolution executing an agreement with the San Bernardino Convention and Visitors Bureau be continued to July 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 994, CITY-WIDE STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT. (Discussed earlier in the meeting. See page 13) (31) Discussions ensued regarding disbursement of the assessment district funds for Fiscal Year 1991/92, the length of time it takes to recruit new police officers and the estimated over-time costs for police services in the Police Department. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Ayes: Nays: Resolution No. 91-304 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Minor, Mil1er. Council Members Maudsley, Pope-Ludlam. Absent: None. RES. 91-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAIO CITY FOR THE FISCAL YEAR 1991-92. (5-1) 29 7/1/91 City Administrator Edwins stated that adoption of this resolution would leave the City's budget 1.1 million dollars out of balance and the City would have to implement a very strict hiring freeze. Council Member Hernandez made a motion, seconded by Council Member Reil1y, that said resolution be adopted. Resolution No. 91-305 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RES. 91-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO R & J SERVICES FOR INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM FOR JOHNSON HALL. (5-3) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 91-306 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE PROMOTION OF ARTS AND CULTURE. (Salary for Assistant) (5-4) Council Member Miller made a motion, seconded by Member Reilly, and unanimously carried, that $22,050 $50,000 donation provided by the Central City Mall be cover the cost of the salary of the assistant to the Arts Foundation Coordinator for the period July 1, 1991 June 30, 1992. Council of the used to Sturges through Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-307 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.30.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO BRING MEMBERSHIP PROCESS OF THE FINE ARTS COMMISSION INTO CONFORMATION WITH ALL OTHER CITY COMMISSIONS. FIRST (5-5) Council Member Miller made a motion, seconded by Council Minor, and unanimously carried, that said ordinance be laid over for final adoption. 30 7/1/91 HIRING OF LEGISLATIVE ADVOCATES - MICHAEL J. ARNOLD & ASSOCIATES, INC. (5-6) In a memorandum dated July 1, 1991, Mayor Holcomb requested authorization to hire the firm of Michael J. Arnold & Associates, Inc., to serve as Legislative Advocates in Sacramento, representing the City of San Bernardino. The cost would be $3,000 per month for a one-year period. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to approve in principle the hiring of the firm Michael J. Arnold & Associates, Inc., and that the proposed agreement be brought back on July 3, 1991. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 91-308 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (AS-I) RES. 91-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SKYLINE AERO SECURITY FOR PROVIDING SECURITY SERVICES IN ASSESSMENT DISTRICT NO. 990, GENERALLY LOCATEO AT HIGHLAND AVENUE AND ARDEN AVENUE. (AS-2) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 91-308 and 91-309 were following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. adopted Reilly, None. by the Absent: SELECTION OF COUNCIL COMMITTEE FROM JUNE 17, 1991 This is the time and place continued regading Council Committee assignments. ASSIGNMENTS - CONTINUED (42) to for discussion COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Reilly made Member Estrada, and unanimously possible action regarding Council a motion, carried, Committee seconded by Council to discuss and take assignments. 31 7/1/91 In a memorandum dated July 1, 1991, Council Members Jack Reilly and Esther Estrada, presented a report recommending Council Committee assignments for standing committees, ad hoc and individual committees as follows: Standino Committees Legislative a. Council b. II Member Jack Reilly Mike Maudsley, Chairperson Valerie Pope-Ludlam c. " Personnel a. Council b. " c. Member Ralph Hernandez Tom Minor, Chairperson Mike Maudsley " Redevelopment Agency a. Council Member Esther Estrada, Chairperson b. " Mike Maudsley c. " Jack Reilly Housing a. Council b. II Member Mike Maudsley Valerie Pope-Ludlam, Ralph Hernandez Chairperson c. " Transportation a. Council Member b. " c. " Ways and Means a. Council Member b. " c. II Valerie Pope-Ludlam, Chairperson Mike Maudsley Norine Miller Tom Minor Ralph Hernandez Esther Estrada, Chairperson Ad Hoc Committees Blight a. Council b. II Member Ralph Hernandez, Chairperson Jack Reilly Valerie Pope-Ludlam c. " Council Appointment a. Council Member Jack Reilly, Chairperson b. " Esther Estrada 2010 a. b. Council Member Norine Miller, Chairperson " Esther Estrada 32 7/1/91 Greenbelt a. Council b. " c. II Member Tom Minor, Chairperson Valerie Pope-Ludlam Mike Maudsley High a. b. c. Groundwater Council Member " Ralph Hernandez, Jack Reilly Esther Estrada Chairperson " Homeless a. Council b. " Member Valerie Pope-Ludlam, Norine Miller Ralph Hernandez Chairperson c. " Inland Valley Development a. Council Member Norine Miller b. " Esther Estrada Intergovernmental a. Council Member b. II c. " Norine Miller, Mike Maudsley Tom Minor Chairperson Business & Economic a. Council Member b. " c. " Development Mike Maudsley, Chairperson Tom Minor Valerie Pope-Ludlam I-10 a. b. c. Council Member " Ralph Hernandez, Esther Estrada Tom Minor Chairperson " Individual Appointments Council Muni Water a. Council Member Ralph Hernandez - Alternate to the Mayor SAN BAG a. Council Member Norine Miller - Alternate to the Mayor Omnitrans a. Council Member Norine Miller Council parliamentarian a. Council Member Tom Minor Handicapped a. Council Member Jack Reilly 33 7/1/91 Air Quality a. Council Member Norine Miller Employee Recognition a. Council Member Jack Reilly Solid Waste a. Council Member Norine Miller Council Member Minor made a motion, Member Miller, to approve and accept assignments as outlined in the memorandum from Council Members Estrada and Reilly. seconded by Council Council committee dated July 1, 1991, The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. COUNCIL Council meeting. MEMBERS REILLY AND POPE-LUDLAM EXCUSED Members Reilly and Pope-Ludlam left the Council ANNOUNCEMENT - CLOSED SESSION CASES City Attorney Penman announced that were discussed in closed session earlier in the following the meeting: cases Bowden. et al. vs. Hobbs/Citv. et al Superior Court Case No. 255302; San Bernardino Thompson. Keith vs. City of San Bernardino Appeal, Fourth Appellate District - Case No. E007275. Court of ADJOURNMENT (49) At 4:10 p.m., Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the meeting be adjourned to 12:00 noon, Wednesday, July 3, 1991, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL KRASNEY City Clerk