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HomeMy WebLinkAbout02-05-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 5, 1996 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:01 a.m., Monday, February 5, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. City Attorney Penman announced that three cases would be discussed relative to significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9, rather than two as indicated on the agenda. RECESS MEETING - CLOSED SESSION At 8:01 a.m., the Mayor and Common session for the following: (1) Council recessed to closed Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Samaan vs. City of San Bernardino. et al. - United States District Court Case No. CV 93-0448 RAP (RMCx); People vs. Manta Manaqement Corporation (and related cross-action) San Bernardino County Superior Court Case No. SCV 18157; Tomas Armendariz. et al. vs. James Penman. et al. United States Court of Appeals 9th Circuit No. 93- 55393; United States District Court Case No. CV 91-5757 CBM; Count v of San Bernardino. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. 224288; Fourth District Court of Appeals Case No. E012673; Supreme Court of the State of California Case No. S050179. 1 2/5/96 B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: three cases. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one case. D. Consider a personnel matter pursuant to Government Code Section 54957 - Senior Assistant City Attorney position. CLOSED SESSION At 8:01 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Assistant City Administrator Wilson; Senior Assistant City Attorney Barlow, Senior Assistant City Attorney Morillo, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Assistant Chief of Police Harp; and Joe Arias, MacLachlan, Burford & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, California. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council while the Council was in closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8: 04 a.m., Council Member Pope-Ludlam arrived at the closed session. ASSISTANT CHIEF OF POLICE HARP EXCUSED At 8:09 a.m., Assistant Chief of Police Harp left the closed session. DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY ARRIVED At 8:09 a.m., Director of Planning and Building Services Boughey arrived at the closed session. 2 2/5/96 ATTORNEY JOE ARIAS EXCUSED At 8:13 a.m., Attorney Joe Arias, MacLachlan, Burford and Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA, left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:13 a.m., Deputy City Attorney Empeno arrived at the closed session. DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY & DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8: 15 a. m., Director of Planning & Building Services Boughey and Deputy City Attorney Empeno left the closed session. DIRECTOR OF PERSONNEL DILLON ARRIVED At 8: 15 a. m., Director of Personnel Dillon arrived at the closed session. ASSISTANT CITY ADMINISTRATOR WILSON & DIRECTOR OF PERSONNEL DILLON EXCUSED At 8:18 a.m., Assistant City Administrator Wilson and Director of Personnel Dillon left the closed session. SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8:18 a.m., Senior Deputy City Attorney Simmons arrived at the closed session. SENIOR DEPUTY At 8:22 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the SENIOR ASSISTANT CITY ATTORNEYS BARLOW & MORILLO EXCUSED At 8:41 a.m., Senior Assistant City Attorneys Barlow and Morillo left the closed session. ADJOURN CLOSED SESSION At 8:44 a.m., the closed session Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m. in the 300 North "D" Street, San RECONVENE MEETING At 9:06 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. 3 2/5/96 INVOCATION The invocation was given by Father Patricio Guillen of Libreria del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. APPOINTMENT - ALFREDO P. ENCISO - PLANNING COMMISSION - COUNCIL MEMBER NEGRETE (S3) Mayor Minor submitted a Staff Report dated January 31, 1996, recommending the appointment of Alfredo P. Enciso, 578 Herrington Avenue, San Bernardino, CA, to the Planning Commission, as requested by Council Member Negrete. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Alfredo P. Enciso to the Planning Commission, be approved. PROCLAMATION - NATIONAL MARKETING WEEK - FEBRUARY 4-10, 1996 (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of February 4-10, 1996, as National Marketing Week in the City of San Bernardino. Mr. Borsay Bryant, Vice President, Communications Department, and Katie Parnham, President, Marketing Association, California State University San Bernardino, accepted the proclamation on behalf of the San Bernardino Chapter of the American Marketing Association. COMMENDATION - JOANN & FARON ROBERTS - PHENIX INFORMATION CENTER ENTREPRENEUR OF THE YEAR AWARD FOR 1996 PRESENTED BY INLAND EMPIRE AFRICAN AMERICAN CHAMBER OF COMMERCE (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Joann and Faron Roberts, owners of the Phenix Information Center, on receiving the Ent.repreneur of the Year Award for 1996 from the Inland Empire African American Chamber of Commerce and for their contribution to the business and cultural communities as well as the underprivileged of San Bernardino. Mr. and Mrs. Roberts accepted their commendation and thanked Mayor Minor, the Council, and Colin Strange of Main Street, Inc. for their support. 4 2/5/96 COMMENDATION - W. BENSON HARER, JR., M.D. - OUTSTANDING MEDICAL ACCOMPLISHMENTS (2B) Phil Arvizo , Executive Assistant to the Council, read a resolution recognizing Dr. W. Benson Harer, Jr., who has served in private practice in San Bernardino since 1965, for his outstanding medical achievements. Dr. Harer accepted his commendation. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3) Council Member Hernandez stated that the Mayor, Council, and Administrative staff had worked hard for the last few years to set up a program to protect the City in the area of blight and housing, and took exception to articles written by The Sun newspaper criticizing the City. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3A) Council Member Devlin reported on the progress of the Police Department Strategic Plan and announced that on February 14 members of the Steering Committee would begin evaluating the critical issues identified in the community meetings, prioritize the most critical issues, and prepare an analysis of each issue. The Steering Committee would then begin devising strategies to address the critical issues. Council Member Devlin noted that the City of San Bernardino had experienced a 12 percent drop in its crime rate in 1995, and complimented the Police Department for its efforts. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3B) Council Member Pope-Ludlam commented on the fact that The Sun newspaper quoted John Husing as an apparent authority on the ills of the City and how to correct them, yet the one project he had been involved with was less than successful. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3C) City Clerk Rachel Clark encouraged everyone to register to vote by February 26, which is the last day to register to be able to vote in the March 26 presidential Primary. ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3D) City Administrator Shauna Clark encouraged everyone to attend the civic Light Opera's "Heartbeats", currently playing at the California Theater. 5 2/5/96 ANNOUNCEMENT - MAYOR MINOR (3E) Mayor Minor thanked the San Bernardino Area Chamber of Commerce for recognizing the new Police building as the best new construction in 1995; stated that the Chamber had recognized Ann Harris, Main Street, Inc., and the Economic Development Agency for the appearance of downtown; and congratulated Ann Atkinson on becoming the new president of the San Bernardino Area Chamber of Commerce this year. Mayor Minor also read a press release dated February 5, 1996, which stated that the City of San Bernardino's crime rate had shown an unprecedented decline in 1995. Part 1, or violent crimes, had dropped by 12.69 percent. The biggest drop was in the number of rapes which was down by 34.42 percent, aggravated assaults down by 27.84 percent, burglary down by 18 percent, and murder down by 15.38 percent. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (4) Jeff Wright, P.O. Box 2341, San waiving full reading of the resolutions required by the City Charter. Bernardino, CA, and ordinances, opposed which is Council Member Oberhelman made a motion, Member Negrete, and unanimously carried, that resolutions and ordinances on the regular, addendum to the supplemental agendas of the Council, be waived. seconded by Council full reading of the supplemental, and Mayor and Common RES. 96-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A CONCESSION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, AND RATIFYING LETTER OF AUTHORIZATION TO MAKE REPAIRS DATED JANUARY 11, 1996. (5) Council Member Oberhelman declared a conflict of interest, stating he would abstain from voting on this item since it involved his employer, the County of San Bernardino. COUNCIL MEMBER At 9: 40 a. m. , meeting. OBERHELMAN EXCUSED Council Member Oberhelman left the Council Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: There was no vote taken.) Council questioned exactly what costs the County of San Bernardino would be absorbing and what costs the City would be responsible for paying. There was also a question as to whether the City would realize any income from the property which consists 6 2/5/96 of four distinct facilities: a multipurpose facility (Galaxy Recreation Center), a gymnasium/fitness center, a swimming pool, and tennis courts with a perimeter jog/walk track. Annie Ramos, Director of Parks, Recreation, and Community Services, stated that the County would do the repalrs on the gymnasium and the Galaxy Building and the City would be responsible for basic landlord type things, including bringing the buildings up to code. The on-going maintenance of the buildings and landscaping would be the responsibility of the County. The City's cost would be $10,000 which would be budgeted in the Facilities Management upcoming budget. The only income eventually realized by the City would be income from rental of some of the facilities to other groups. It was the consensus of the Council that they would like to have more information regarding this matter prior to making a decision. Council Member Negrete made a substitute motion that the matter be continued. The substitute motion failed for lack of a second. Mayor Minor urged the Council to make a timely decision, since the roof on one of the buildings is currently leaking and inclement weather is approaching. Council Member Miller made a motion to refer the matter to the Ways and Means Committee. The motion failed for lack of a second. Ray Wingerd, Chief Probation Officer, County of San Bernardino, stated that the program slated for the facility is the Youth Justice Center, a program already operating in a building adjacent to juvenile hall. He stated he had already received the "go ahead" and lined up contractors to repair the roof; however, the longer they wait, the greater the possibility of more rain damage and the greater the cost of repair. City Attorney Penman noted that the Council could approve the matter in concept; however, if they did not approve the actual agreement they would have to specify that the money may be spent. Council Member Negrete made a motion, seconded by Council Member Hernandez, that the Council move forward with the concept of rehabilitating the buildings to prevent any further damage, with the stipulation that within a week, the department heads and the people involved would furnish the full Council with the details of the contract. 7 2/5/96 Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that this item should never have been placed on the consent calendar, as indicated by the past discussion, and suggested separating the concession agreement from the matter of repairing the roof. City Attorney Penman suggested a change in the motion to state that the agreement be approved in concept; that pending the Council's approval of the resolution, the City be authorized to proceed; and that the letter of authorization to make repairs be ratified. Council Member Miller made a substitute motion, seconded by Council Member Hernandez, that said resolution be adopted; and that a comprehensive briefing be presented to the Council by the Director of Parks, Recreation, and Community Services. The motion carried, and Resolution No. 96-25 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. (Note: Although did not register a vote.) Council Member Curlin was present, he COUNCIL MEMBER OBERHELMAN RETURNED At 10: 16 a. m., Council Member Oberhelman returned to the Council meeting and took his place at the council table. RES. 96-26 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A GRANT DEED FROM JACK RODOCKER AND DEE ANN RODOCKER, FOR PROPERTY LOCATED AT 226 WEST 11TH STREET, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (6) RES. 96-27 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM THE LOYAL ORDER OF MOOSE, SAN BERNARDINO, LODGE #476, FOR A PORTION OF PROPERTY LOCATED AT 1295 WEST 48TH STREET, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (7) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern relative to the Newmark plume and groundwater cleanup. In response to Council concerns regarding possible City liability, City Attorney Penman stated that his office had conducted a title search on the subject property and everything was in order. He stated that this was standard procedure and suggested this information be included in the backup material. John Stevens, 4097 N. Pershing Avenue, San Bernardino, CA, stated that according to information he had received from the Environmental Protection Agency (EPA) , all their programs were on hold until after the current budget crisis and questioned why the 8 2/5/96 City would want to acquire these properties. Bernard Kersey, General Manager, San Bernardino Water Department, answered questions regarding the cooperative agreement between the EPA and the Water Department and the reason for acquiring the properties. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 96-26 and 96-27 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-957 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE RE-USE OF NONCONFORMING COMMERCIAL AND INDUSTRIAL STRUCTURES. Final (8) City Attorney Penman explained that this ordinance would provide flexibility in the standards related to the reuse of existing nonconforming commercial and industrial structures by increasing the time they can be vacant from six months to one year. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-957 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS (9) Council Member Hernandez stated he would vote "No" on the appointment of Huston T. Carlyle, Jr. to the position of Senior Assistant City Attorney. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 25, 1996, in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN - CONSTRUCT BAILEY CREEK DEBRIS BASIN & CHANNEL IMPROVEMENTS - PUBLIC WORKS PROJECT NO. 92-02 - SEE RELATED ITEM NO. 14 - PAGE 11 (10) 9 2/5/96 Roger Hardgrave, Director of Public works/City Engineer, submitted a Staff Report dated January 23, 1996, regarding adoption of the negative declaration for Public Works project No. 92-02 and a finding that construction of the Bailey Creek Debris Basin and channel improvements are consistent with the General Plan. Jeff Wright, P.o. Box 2341, San Bernardino, CA, read the title of the agenda item and stated it did not appear there had been an adequate environmental review. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the negative declaration for Public Works Project No. 92-02, for the construction of Bailey Creek Debris Basin and channel improvements, from 600 feet north of Verdemont Drive to Ohio Avenue, be adopted; that a finding be made that the construction of Bailey Creek Debris Basin and channel improvements is consistent with the General Plan; and that the Mitigation Monitoring and Reporting Program for construction of Bailey Creek Debris Basin and channel improvements, be adopted. RES. 96-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE 8 FOOT WIDE WALKWAY RUNNING WESTERLY FROM SIERRA WAY TO GENEVIEVE LANE, NORTH OF 44TH STREET, IN SAN BERNARDINO. (11) Roger Hardgrave, Director of Public Work/City Engineer, stated that this vacation had been requested by the homeowners in the area in an effort to combat crime and vandalism. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-28 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 96-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BEAR VALLEY PAVING FOR PLACEMENT OF PAVEMENT WITHIN TRI-CITY COMPLEX. (12) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-29 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, 10 2/5/96 RES. 96-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE NORTHERLY 50 FEET OF EXCESS RIGHT-OF-WAY ON KENDALL DRIVE LYING GENERALLY BETWEEN VACATED WALNUT AVENUE AND VACATED OLIVE AVENUE. (13) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 96-30 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 96-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STREAMBED ALTERATION AGREEMENT 5-346-95 WITH CALIFORNIA DEPARTMENT OF FISH AND GAME RELATING TO CONSTRUCTION OF BAILEY CREEK DEBRIS AND CHANNEL IMPROVEMENTS. (See Related Item No. 10, Page 9) (14) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-31 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 96-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT NO. 92-315 WITH COUNTY OF SAN BERNARDINO AND OTHER CO- PERMITTEES RELATIVE TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM. (15) Council Member Curlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-32 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:52 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:04 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 2/5/96 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:04 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those items which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R3, R5, R6, R7, R8, R9, RIO, RI1, R12, R13, RS2, and RS3 will not be annotated. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Jeff opposition ordinances. Wright, P.O. to waiving Box full 2341, San Bernardino, CA, voiced reading of the resolutions and Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. APPROVE PLAN NO. 9438 - AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL IRRIGATION SYSTEM & TREES - BASE LINE STREET, FROM "H" STREET TO "D" STREET (R4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 25, 1996, regarding plans for the installation of an irrigation system and trees on Base Line Street, from "H" Street to "D" Street, in accordance with Plan No. 9438. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the plans for installation of irrigation system and trees on Base Line Street, from "H" Street to "D" Street, in accordance with Plan No. 9438, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 12 2/5/96 Catherine Meister, a resident of San Bernardino, asked that the Sunburst Honey Locust tree be deleted from the plans, since its roots tend to lift the paving, particularly when planted in a narrow area like that between the curb and sidewalk. Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of irrigation system and trees on Base Line Street, from "H" Street to "D" Street, in accordance with Plan No. 9438, be approved; that the Sunburst Honey Locust tree be deleted from the plan; and that the Director of Public Works/City Engineer be authorized to advertise for bids. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 12: 0 0 p. m., Chairman Minor recessed the j oint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning & Building Services Boughey. Absent: Council Member Curlin. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - PCN NO. 95 - 01 - TYPE 40 ON-SALE LIQUOR LICENSE - SAN BERNARDINO ARENA - 137 SOUTH "G n STREET - CHARLES F. JOHNSON - CONTINUED FROM JANUARY 22, 1996 (33) This is the time and place continued to consider a determination that public convenlence or necessity would be served by the issuance of a Type 40 On-Sale Liquor License for the San Bernardino Arena located at 137 South "G" Street, San Bernardino, California. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated January 25, 1996, concerning the determination that public convenience or necessity would be served by the issuance of a Type 40 On-Sale Liquor License for the San 13 2/5/96 Bernardino Arena and detailing a synopsis of past actions taken on this matter. Deputy City Attorney Empeno submitted a memorandum dated February 2, 1996, stating that the Alcoholic Beverage Control (ABC) investigator assigned to Mr. Johnson's application had stated that ABC is still issuing one-day licenses. He stated that only twelve one-day licenses can be obtained in one year. Charles Johnson, 137 South "G" Street, San Bernardino, CA, stated that he was only requesting permission to sell beer. Assistant Chief of Police Wayne Harp stated that the Police Department was not opposed to a Type 40 On-Sale Liquor License for the arena. Council expressed concern that each application for the sale of alcoholic beverages should be considered in the same manner, using the same criteria. It was suggested that Planning and Building Services and the Police Department reach an agreement on what the criteria should be, and that this criteria be applied consistently in each and every case. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that the Mayor and Common Council determine that the public convenience or necessity is served subject to compliance with Conditional Use Permit Conditions of Approval (pertaining to site improvements) prior to expiration, and Police Department conditions; and that the Planning and Building Services Department be directed to prepare a letter of public convenience or necessity to the Department of Alcoholic Beverage Control for the Type 40 Alcohol License request at the San Bernardino Arena. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Absent: Council Member Curlin. INITIATE AMENDMENTS - GENERAL PLAN & DEVELOPMENT CODE - ADULT BUSINESSES (34) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated January 30, 1996, requesting that the Mayor and Common Council direct staff to review the General Plan and the Development Code provisions which regulate adult businesses and propose revisions, if necesssary. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Planning and Building Services Department and the City Attorney's Office be directed to review and propose revisions, if necessary, to the General Plan and the Development Code regarding adult businesses. 14 2/5/96 COUNCIL MEMBER CURLIN RETURNED At 2:11 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. DIRECTOR At 2: 12 Boughey left Administrator OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED p. m., Director of Planning and Building Services the Council meeting and was replaced by City Shauna Clark. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:12 p.m., Deputy City Attorney Empeno left meeting and was replaced by City Attorney Penman. the Council ESTABLISH ONE ATHLETIC FIELD SPECIALIST POSITION - ONE PARK MAINTENANCE LEADWORKER POSITION RECREATION & COMMUNITY SERVICES DELETE PARKS, (16) Barbara Dillon, Director of Personnel, submitted a Staff Report dated January 29, 1996, regarding the establishment of one Athletic Field Specialist position and the deletion of one Park Maintenance Leadworker position within the Parks, Recreation and Community Services Department. Council Member Hernandez stated he would vote "Yes" on Parts 1 and 3 of the form motion, but would vote "No" on Part 2, the establishment of an Athletic Field Maintenance Specialist. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that one (1) Park Maintenance Leadworker position, Range 1319, $2,179-$2,649/month, be deleted; that one (1) Athletic Field Maintenance Specialist position, Range 1355, $2,608-$3,170/month, be established; and that the Personnel Department be directed to update Resolution 6413, Section 10, and Resolution 95-428 to reflect this particular action. APPROVE PLAN NO. 9436 - AUTHORIZATION TO PROCEED - VACATE PORTION OF DUMAS STREET, WEST OF WASHINGTON AVENUE & EAST OF SAN BERNARDINO COUNTY FLOOD CONTROL CHANNEL (17) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 18, 1996, regarding authorization to proceed with the vacation of a portion of Dumas Street, west of Washington Avenue and east of the San Bernardino County Flood Control Channel and approval of Plan No. 9436. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, 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 Dumas Street, between Washington Avenue and San Bernardino County Flood Control Channel; and that Plan No. 9436 for the proposed vacation of a 15 2/5/96 port ion of Dumas Street, between Washington Avenue and the San Bernardino County Flood Control Channel, be approved. APPROVE PLAN NO. 9433 - AUTHORIZE ADVERTISEMENT FOR BIDS - REHABILITATE PARKING LOT - PALM MEADOWS GOLF COURSE (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 11, 1996, regarding approval of Plan No. 9433 for rehabilitation of the pavement for the Palm Meadows Golf Course parking lot and authorization to advertise for bids. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for rehabilitating the pavement for the parking lot for the Palm Meadows Golf Course, in accordance with Plan No. 9433, be approved contingent on reimbursement to the City from the Inland Valley Development Agency (IVDA); and that authorization be granted to advertise for bids. RES. 96-33 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 9 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO WIDENING OF BRIDGES ON KENDALL DRIVE AND CAJON BOULEVARD AT DEVIL'S CANYON CHANNEL. (19) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 96-33 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 96-34 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 10 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INSTALLATION OF TRAFFIC SIGNALS AT MILL STREET AND EUCALYPTUS AVENUE. (20) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 96-34 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, 16 2/5/96 RES. 96-35 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 11 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO PAVEMENT REHABILITATION ON PACIFIC STREET, FROM PERRIS HILL ROAD TO DEL ROSA DRIVE. (21) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 96-35 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, CONSIDER DEFERMENT OF DEVELOPMENT IMPACT FEES - SEWER LINE CONNECTION FEE STORM DRAIN CONSTRUCTION FEE TRAFFIC SYSTEMS FEE - VERDEMONT INFRASTRUCTURE FEE - PARK DEVELOPMENT FEE (22) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated January 25, 1996, regarding the establishment of a program to defer certain development impact fees until final inspection and occupancy. David Mlynarski, 680 S. Waterman Avenue, San Bernardino, CA, spoke in support of deferment of development fees, but expressed concern on how long it might take to develop the guidelines. Discussion ensued on what fees would be deferred, the possible budgetary impact, and the fact that deferment would enable many to go forward with development who have not been able to do so. Assistant City Administrator Wilson stated that the five fees itemized in Attachment A--sewer line connection fee, storm drain construction fee, traffic systems fee, Verdemont infrastructure fee, and park development fee--would not impact the General Fund. Michael Geiber, owner of Tract 14400, stated he had come before the Council two years ago on this matter, but relief had been denied. He added that he was grateful for the change in attitude of the Council; that this would enable developers to work with the Council to stimulate growth. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, asked whether the Council would consider doing this for one single- family home being built. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the City Administrator be directed to establish guidelines for the deferment of development impact fees as noted on Attachment "A" of the Staff 17 2/5/96 Report dated January 25, 1996, from Assistant City Administrator Fred Wilson; and that the City Attorney be directed to amend the applicable ordinances and resolutions to authorize this action. ORD. MC-958 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A PROGRAM TO IMPROVE RENTAL HOUSING. Final (23) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said ordinance be adopted. Ordinance No. MC-958 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 6 OF RESOLUTION NO. 95-241 RELATING TO THE NUMBER OF TOW COMPANIES ON THE CITY'S ROTATION LIST. (24) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken.) Discussion ensued regarding the impact this action would on the businesses of the tow companies currently contracting the City. have with Steve Johnson, Owner, Tri-City Towing, 1661 West Walnut, Bernardino, CA, requested that the Council continue with current arrangement of five tow companies serving the City of Bernardino and not approve this resolution. San the San Council Member Devlin removed his second. The motion failed for lack of a second. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be tabled. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Ludlam. Nays: Council Member Miller. Absent: None. Council Pope- RES. 96-36 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CITY CLERK'S OFFICE-RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM-RECORDS RETENTION SCHEDULE. (25) City Clerk Rachel Clark explained how the retention schedule had been devised. 18 2/5/96 City Attorney Penman stated that his office had very thoroughly and carefully reviewed the proposed records retention schedule and found it to be in conformance with State and City requirements. Deputy City Clerk Melanie Vale answered questions posed by the Council and explained how the system would work. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-36 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 96-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (26) City Administrator Shauna Clark stated that approximately 33 percent of the properties are owner occupied and approximately 66 percent are rentals. John Kirley, objected to this residents. 1170 N. Arrowhead Avenue, San Bernardino, CA, type of owner/renter discrimination between Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 96-37 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. WAIVE FEES - HEIGH HO DAY CARE CENTER SECCOMBE LAKE PARK AND PAVILION - FUND MARCH 31, 1996 - $165 - USE OF RAISING EVENT - (27) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated January 22, 1996, regarding the Heigh Ho Day Care Center's request for a waiver of fees in the amount of $165 for use of Seccombe Lake Park and pavilion for a fund raiser to be held March 31, 1996. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request to waive fees for use of Seccombe Lake Park and pavilion by the Heigh Ho Day Care Center in the amount of $165, be approved. 19 2/5/96 RES. 96-38 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991 CHAPTER 817) FOR THE FOLLOWING PROJECT: EXTENSIVE PUBLIC EDUCATIONAL CAMPAIGN PROMOTING THE PROPER DISPOSAL OF USED OIL PURCHASE OF NECESSARY EQUIPMENT. (28) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-38 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER CURLIN EXCUSED At 3:23 p.m., Council Member Curlin left the Council meeting. RES. 96-39 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO REGISTER THE DEPARTMENT OF PUBLIC SERVICES USED OIL CURBSIDE COLLECTION PROGRAM WITH THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB). (Oil Recycling Incentive) (29) Jim Howell, Acting Director of Public Services, explained the City's used oil collection program and answered questions regarding same. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, questioned whether the homeowners would have to pay for this service once the grant received by the City to implement the program is expended. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-39 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. COUNCIL MEMBER CURLIN RETURNED At 3:29 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RES. 96-40 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE SAN BERNARDINO EMPLOYMENT AND TRAINING AGENCY AND ARROW SIX INVESTMENT COMPANY. (30) 20 2/5/96 Ernest Dowdy, Executive Director, San Bernardino Employment and Training Agency, stated they had investigated every avenue available to get the space they needed at a reasonable cost and answered questions regarding the size and cost of the existing and proposed locations. City Attorney Penman stated that pages 5 and 6 of the lease agreement between Arrow Six Investment Company and the City of San Bernardino Employment and Training Agency had been revised, and subsequently reviewed and approved by Deputy City Attorney Rhemrev of his office. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 96-40 was adopted by the following vote: Council Members Negrete, Curlin, Devlin, Pope-Ludlam. Council Members Hernandez, Oberhelman, Miller. Absent: Ayes: Nays: None. CITY ATTORNEY PENMAN EXCUSED At 3:51 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ACCEPT & FILE REPORT - CLOSURE OF 18TH STREET, WEST OF ARROWHEAD AVENUE - TRIAL PERIOD OF SIX MONTHS - CONTINUED FROM JANUARY 22, 1996 (31) This is the time and place continued to for acceptance and filing of the report prepared by the Public Works Department on the closure of 18th Street for a trial period of six months. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 29, 1996, regarding the closure of 18th Street, west of Arrowhead Avenue, which contained a synopsis of past actions taken on this matter. Discussion ensued regarding the temporary closure of 18th Street, from July 1995 to January 1996, relative to crime statistics, public convenience, and increased traffic on other streets due to the closure. It was noted that although the closure did benefit a few residents, it seemed to be at the expense of many. Residents supporting the permanent closure of 18th Street resubmitted a copy of a petition containing approximately 90 signatures which was originally submitted at the Mayor and Common Council meeting of January 22, 1996, and so noted in the minutes of said meeting. 21 2/5/96 The following individuals spoke in opposition to the permanent closure of 18th Street: Margaret Cisneros, 7512 Sterling Avenue, San Bernardino, CA. Arlene Stalder, 1798 N. Pershing Avenue, San Bernardino, CA. Matilde Martinez, 1725 N. Pershing Avenue, San Bernardino, CA. Pat Neill, 1707 N. Pershing Avenue, San Bernardino, CA. Dave Harps, 1716 N. Pershing Avenue, San Bernardino, CA. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA. James Harps, 1716 N. Pershing Avenue, San Bernardino, CA. Dr. E. V. Holding, 1761 North "D" Street, San Bernardino, CA. The following individuals spoke in support of the permanent closure of 18th Street: Louanne Wear, 371 W. 18th Street, San Bernardino, CA. Ron Jones, resident, 17th Street, San Bernardino, CA. Stan McIntyre, 332 W. 18th Street, San Bernardino, CA. Harold Duffy, 5028 Wyche Court, San Bernardino, CA. Lloyd Roberts, Mockingbird Lane, San Bernardino, CA. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, asked whether consideration had been given to making 18th Street a median-type street as an alternative to closure of the street. Freddie Spellacy, Spellacy & Associates Realtors, Inc., 2724 N. Waterman Avenue, San Bernardino, CA, commented on how much better the area looks now, compared to the deterioration that was happening prior to the six-month temporary closure. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that the report on crime statistics relative to the closure of 18th Street, west of Arrowhead Avenue, for a trial period of six months, be accepted and filed; and that the expenditure of $15,000 from Account No. 126-000-3405, "Unappropriated Reserve," for the permanent closure of 18th Street, west of Arrowhead Avenue, be approved, with a provision for repositioning of the Crawford's driveway to Arrowhead Avenue. The motion failed by the Members Curlin, Pope-Ludlam. Oberhelman, Devlin, Miller. Absent: None. following vote: Nays: Council Abstain: Council Ayes: Council Members Negrete, Member Hernandez. RECESS MEETING At 4:48 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:54 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 2/5/96 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. RES. 96-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE CONSTRUCTION COMPANY FOR CONSTRUCTION OF ACCESS ROADS AND PARKING FACILITIES FOR SAN BERNARDINO INTERNATIONAL AIRPORT. (Continued from January 22, 1996) (32) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-41 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam. Nays: None. Absent: Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 4:56 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. DISCUSS & TAKE POSSIBLE ACTION PROGRAM - COUNCIL MEMBER CURLIN NEIGHBORHOOD PRIDE (Sl) Council Member Curlin submitted a Staff Report dated January 30, 1996, regarding discussion and possible action to initiate a Neighborhood Pride Program. Council Member Curlin explained the concept of a Neighborhood Pride Program, stating that it would be entirely voluntary and no cost to the City. Discussion ensued relative to incorporating this idea into other currently formed groups, or enlisting the help of the volunteers who spearheaded "It's A Great Day In San Bernardino." It was noted that the Nena Program is currently doing something similar to this. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, objected to the concept as presented as being self-serving and self-aggrandizing. Council Member Curlin made a Member Hernandez, that Council lend Neighborhood Pride Program. motion, seconded by Council its support and approval of a 23 2/5/96 The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Ludlam. Nays: None. Abstain: Council Member Miller. None. Council Pope- Absent: CITY GOVERNMENT REFORM GOVERNMENT & APPOINTED HERNANDEZ ESTABLISH CITY MANAGER TYPE CITY ATTORNEY - COUNCIL MEMBER (S2) Council Member Hernandez submitted a Staff Report dated January 30, 1996, regarding discussion and possible action to reform City government by bringing to a vote of the citizens the establishment of a City Manager type of government and an appointed rather than elected City Attorney. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to February 19, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ACCEPT PROPOSAL - TWO-YEAR LEASE WITH OPTION TO PURCHASE - CITY-OWNED PROPERTY - 1505 N. WATERMAN AVENUE - FORMER GALLO'S FLOWERS & GIFTS - AYALA FAMILY (AS1) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated January 31, 1996, regarding a lease/option to purchase proposal from the Ayala family regarding the City-owned property at 1505 North Waterman Avenue, San Bernardino, California. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the lease/option to purchase proposal from the Ayala family regarding the property at 1505 North Waterman Avenue for the sale price of $120,000.00, be accepted; and that Real Property staff be directed to prepare a lease/option to purchase within two years, at a sale price of $120,000.00. PUBLIC COMMENTS - JOHN KIRLEY (35) John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, commented on the inequity of the City's fencing standards. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL TIMOTHY SABO RETURNED At 5:09 p.m., Economic Development Agency Special Counsel Timothy Saba returned to the meeting. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 5:09 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Timothy Steinhaus. Council Agency 24 2/5/96 COMMUNITY DEVELOPMENT COMMISSION I SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 5:09 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE AGREEMENT - PROFESSIONAL CONSULTANT SERVICES TO MEET ENVIRONMENTAL REVIEW REQUIREMENTS OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM LILBURN CORPORATION - $50,000 PLUS 20 PERCENT CONTINGENCY (RS1) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated February 1, 1996, regarding approval of an agreement between Lilburn Corporation and the San Bernardino Economic Development Agency for professional consultant services to meet environmental review requirements of the Community Development Block Grant (CDBG) program. Development Director Winkler explained that in the past the U.S. Department of Housing and Urban Development (HUD) allowed the review of CDBG funded projects after the approval of the CDBG Final Statement/Action Plan, but prior to the execution of project agreements. HUD recently informed grantees that environmental reviews must be completed prior to the governing body's approval of projects for funding. Council Member Pope-Ludlam made a motion, seconded by Council Member Devlin, that the Mayor and Common Council authorize the Agency Administrator to prepare and execute an agreement between Lilburn Corporation and the San Bernardino Economic Development Agency for professional consultant services to meet environmental review requirements of the Community Development Block Grant (CDBG) Program for the amount of $50,000, plus a contingency of 20 percent. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. Council Miller. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 25 2/5/96 ADJOURNMENT At 6:17 p.m., the regular meeting was adjourned. meeting of the Mayor and Common Council will be held at Monday, February 19, 1996, in the Council Chambers of 300 North "D" Street, San Bernardino, California. (36) The next 8:00 a.m., City Hall, RACHEL CLARK City Clerk By ~a!bit=d Deputy City Clerk No. of Items: 43 No. of Hours: 8 26 2/5/96