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HomeMy WebLinkAbout03-04-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 4, 1996 COUNCIL CHAMBERS This is the time and place set for a regular meeting of the Mayor and Common Council of the City of San Bernardino. A quorum not being present at 8:00 a.m., said meeting was recessed until 9:00 a.m., Monday, March 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and 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 meeting was recessed. The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:03 a.m., Monday, March 4, 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, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. INAUGURAL CEREMONY FOR NEWLY-ELECTED & RE-ELECTED OFFICIALS At 9:03 a.m., Mayor Minor called to order the Inaugural Ceremony for newly-elected Council Members Rita Arias and Betty Dean Anderson; re-elected Council Members Jerry Devlin and Norine Miller; and re-elected City Attorney James Penman, City Clerk Rachel Clark, and City Treasurer David Kennedy. INVOCATIONS Invocations were given by Reverend Michael D. Stolts, Lutheran Church of Our Savior, and Reverend Michael L. Sturn, Our Lady of Assumption Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Andrew Dean Anderson, Marcus Burgraff, Kevin Burgraff, Danielle Bee, and Chayna Bee. 1 3/4/96 OPENING REMARKS - MAYOR MINOR Mayor Minor stated that it is a great day in San Bernardino and a time of new beginnings. He stated he expects good things to happen in the future and is counting deeply on a consensus-building Council, whose members will support the best interests of the City above any special interests. He expressed confidence in new Council Members Rita Arias and Betty Dean Anderson and offered his assistance as they learn to progress through the bureaucratic process of City Hall, bringing to fruition those things that are important to us all. OATH OF OFFICE - RITA ARIAS - THIRD WARD The Honorable Manuel A. Ramirez, Presiding Justice, Court of Appeals, 4th Appellate District, Division 2, San Bernardino, CA, administered the Oath of Office to Third Ward Council Member Rita Arias. OATH OF OFFICE - CITY CLERK RACHEL CLARK The Honorable Richard C. Hubbell, Judge of the Superior Court, Los Angeles, CA, administered the Oath of Office to City Clerk Rachel Clark. OATH OF OFFICE - COUNCIL MEMBERS JERRY DEVLIN, BETTY DEAN ANDERSON, & NORINE MILLER, CITY ATTORNEY JAMES PENMAN, & CITY TREASURER DAVID KENNEDY City Clerk Rachel Clark administered the Oath of Office to Council Member Jerry Devlin, Fifth Ward; Council Member Betty Dean Anderson, Sixth Ward; Council Member Norine Miller, Seventh Ward; City Attorney James Penman; and City Treasurer David Kennedy. City Clerk Rachel Clark presented a Certificate of Election to each newly-elected and re-elected official. ACCEPTANCE SPEECHES COUNCIL MEMBERS ARIAS, DEVLIN, ANDERSON, MILLER; CITY ATTORNEY PENMAN; CITY CLERK RACHEL CLARK; CITY TREASURER KENNEDY The following elected officials thanked their supporters and friends, and introduced their families: Council Member Rita Arias, Third Ward Council Member Jerry Devlin, Fifth Ward Council Member Betty Dean Anderson, Sixth Ward Council Member Norine Miller, Seventh Ward City Attorney James Penman City Clerk Rachel Clark City Treasurer David Kennedy Lynn Kennedy, Council Member Anderson's daughter, dedicated Dr. Seuss' book, Oh, The Places You'll Go!, to her mother. 2 3/4/96 F. J. Curlin, M.D., Second Ward Councilman, introduced Andrea Figueroa of San Bernardino, California, who presented a vocal rendition of "The American Trilogy" and "One Moment in Time." Betty Dean Anderson, Sixth Ward Councilwoman, introduced Kim Foley of Los Angeles, California, who presented a vocal rendition of "Wind Beneath My Wings." RECESS MEETING - ELECTED OFFICIALS At 10:00 a.m., the meeting was recessed hold a reception honoring the newly-elected Officials in the lobby area of City Hall. RECEPTION FOR NEWLY-ELECTED AND RE- until 10:30 a.m. to and re-elected City RECONVENE MEETING At 10:49 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 Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Negrete. PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 1996 - WOMEN OF ACHIEVEMENT COMMITTEE (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring March 1996 as Women's History Month in the City of San Bernardino. Marsha Fleming, Economic Development Agency, and Jane Johnson, Parks, Recreation and Community Services, members of the Women of Achievement Committee, accepted the proclamation on behalf of the Committee. PROCLAMATION - MISS SAN BERNARDINO PAGEANT DAY - MARCH 9, 1996 (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring March 9, 1996, as Miss San Bernardino Pageant Day in the City of San Bernardino. Cathy De Maio, Pageant Chairperson, San Bernardino Convention and Visitors Bureau, accepted the proclamation on behalf of the Miss San Bernardino Pageant, introduced eight of the nine contestants, and invited everyone to attend the pageant to be held Saturday, March 9, 1996, 7:00 p.m., Pacific High School, San Bernardino, California. 3 3/4/96 PRESENTATION - $1000 PRESENTED TO THE CITY - SOROPTIMIST INTERNATIONAL OF SAN BERNARDINO (2B) Jilien Montbach, President, Soroptimist International of San Bernardino, presented a check for $1000 to the City to be used to buy a tree for the new baseball stadium. Mayor Minor accepted the check and thanked Ms. Montbach. RECESS MEETING - CLOSED SESSION MEETING - SEE PAGE 24 At 10: 57 a. m., the Mayor session for the following: - REFERENCED LATER IN THE (1) and Common Council recessed to closed Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz. et al. vs. James F. Penman. et al. United States Court of Appeals, 9th Circuit No. 93-55393; United States District Court Case No. CV 91-5757 CMB; Marv Peer vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 270179; Fourth District Court of Appeals Case No. E015422. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one case. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) Government Code Section 54956.9: one case. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqency Neqotiator: Barbara Dillon, Personnel Director Employee Orqanizations: San Bernardino Public Employees Association (SBPEA) General Unit and Middle Management Aqency Neqotiator: Shauna Clark, City Administrator Employee Orqanization: San Bernardino Confidential Management Association (SBCMA) - Management and Confidential Employees 4 3/4/96 CLOSED SESSION At 10:57 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: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Also present: Senior Assistant City Attorney Carlyle, Senior Deputy City Attorney Simmons, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. CITY ATTORNEY PENMAN & SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 11:03 a.m., City Attorney Penman and Senior Deputy City Attorney Simmons left the closed session. FINANCE DIRECTOR PACHON & PERSONNEL DIRECTOR DILLON ARRIVED At 11:03 a.m., Finance Director pachon and Personnel Director Dillon arrived at the closed session. CITY ATTORNEY PENMAN RETURNED At 11:15 a.m., City Attorney Penman returned to the closed session. FINANCE DIRECTOR PACHON & PERSONNEL DIRECTOR DILLON EXCUSED At 11:31 a.m., Finance Director Pachon and Personnel Director Dillon left the closed session. ADJOURN CLOSED SESSION At 11:34 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:37 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council 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, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. 5 3/4/96 APPOINTMENTS - INLAND VALLEY DEVELOPMENT AGENCY - SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY - MAYOR MINOR (2C) Mayor Minor submitted Staff Reports dated February 26, 1996, requesting approval of the following appointments: Inland Valley Development Agency Council Member Anderson Council Member Miller Council Member Oberhelman - Alternate San Bernardino International Airport Authority Council Member Devlin Council Member Arias - Alternate Council Member Negrete asked that he be kept Inland Valley Development Agency (IVDA) activities, located in the First Ward. apprised of since it is Council Member Curlin stated he also would like to be kept informed of IVDA activities and requested that he be placed on the distribution list for said information. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments requested by Mayor Minor be approved. STANDING COMMITTEE APPOINTMENTS - HOUSING COMMITTEE - LEGISLATIVE REVIEW COMMITTEE - PERSONNEL COMMITTEE - WAYS & MEANS COMMITTEE - REDEVELOPMENT COMMITTEE (Sl) Council Member Miller submitted a Staff Report dated February 28, 1996, requesting approval of the following standing committee appointments: Housing Committee Council Member Oberhelman Council Member Devlin, Chairman Council Member Miller Legislative Review Committee Council Member Negrete Council Member Curlin, Chairman Council Member Anderson 6 3/4/96 Personnel Committee Council Member Negrete, Chairman Council Member Curlin Council Member Arias Ways & Means Committee Council Member Oberhelman, Chairman Council Member Devlin Council Member Anderson Redevelopment Committee Council Member Arias Council Member Oberhelman Council Member Miller, Chairwoman Council Member Oberhelman made a motion, Member Devlin, and unanimously carried, that the Housing, Legislative Review, Personnel, Redevelopment Committees, be approved. seconded by Council the appointments to Ways and Means, and PUBLIC COMMENTS - JEFF WRIGHT (4) Jeff Wright, P.O. Box 2341, San Bernardino, CA, congratulated Council Members Arias and Anderson on their recent election to the Council. PUBLIC COMMENTS - JUDI THOMPSON (4A) Judi Thompson, Executive vice President, San Bernardino Area Chamber of Commerce, 546 W. 6th Street, San Bernardino, CA, congratulated all newly-elected and re-elected City officials. RECESS MEETING At 11:46 a.m., Mayor Minor recessed the regular meeting of the 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 1:59 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 following being present: Curlin, Arias, Oberhelman, Attorney Empeno, City Clerk Building Services Boughey. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; Deputy City Rachel Clark, Director of Planning and Absent: None. 7 3/4/96 ANNOUNCEMENTS (3) There were no announcements by the Mayor or members of the Common Council. PUBLIC HEARING - SPECIFIC PLAN NO. 95-01 - GENERAL PLAN AMENDMENT NO. 95-03 ENVIRONMENTAL IMPACT REPORT INTERNATIONAL TRADE CENTER - FORMER NORTON AIR FORCE BASE - INLAND VALLEY DEVELOPMENT AGENCY (IVDA) (32) This is the time and place set for a public hearing to consider Specific Plan No. 95-01, General Plan Amendment No. 95-03, and certification of the Environmental Impact Report relative to the International Trade Center (formerly Norton Air Force Base) . Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated Febr'uary 15, 1996, regarding Specific Plan No. 95-01, General Plan Amendment No. 95-03, and the Environmental Impact Report for the International Trade Center. Mayor Minor opened the hearing. Director Boughey explained that the requested actions propose to amend the General Plan to establish a new land use category of International Trade Center, amend the land use map from PF, Public Facilities, to ITC, International Trade Center, and amend the Circulation Element for non-airport portions of the former Norton Air Force Base; and introduced attorney Timothy Sabo, Sabo & Green, 6320 Canoga Avenue, Suite 400, Woodland Hills, CA, attorney for the applicant, Inland Valley Development Agency. Attorney Sabo introduced the consulting team for the project, as follows: Alex Estrada, Project Manager, Economic Development Agency. Ken Topping and John Jacquess, Topping/Jacquess Consultants, 201 North "E" Street, San Bernardino, CA. Lloyd Zola, Environmental Consultant, LSA Associates, Inc., 3403 10th Street, Suite 520, Riverside, CA. Tom Dodson, Environmental Consultant, Tom Dodson & Associates, 463 N. Sierra Way, San Bernardino, CA. John Jacquess explained that the City needed a document which could define the future land use of the former Norton Air Force Base and regulations pertaining to same, He explained the need for quality development aimed at providing more jobs, with possible reuse of the many existing buildings; and noted that Council needed to approve the General Plan Amendment for the IVDA portion of the base and amend the Circulation Element of the General Plan. B 3/4/96 Lloyd Zola stated that the Environmental Impact Report is the fifth in a series of documents and identifies three significant impacts which cannot be mitigated, as follows: 1) noise on arterial highways, 2) air quality impacts, and 3) construction emissions and long-term traffic coming to and from the base. Mr. Zola explained that the Air Force is legally responsible for cleanup of hazardous materials and noted that a traffic impact analysis had been performed. Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked that the matter be continued to allow an adequate opportunity for review by the new Council Members. Mary Littlefield, 1095 Kendall, San Bernardino, CA, expressed concern regarding the impact this project would have on the private sector living west of the area. Bob Botts, Manager, Office of Business Development, Economic Development Agency, asked the Council's support and approval of the project. David Raley, Norton Credit Union, 294 S. Memorial Drive, San Bernardino, CA, urged support of the plan. RES. 96-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING THE STATEMENTS OF OVERRIDING CONSIDERATION AND THE MITIGATION MONITORING REPORTING PROGRAM; ADOPTING SPECIFIC PLAN NO. 95-01; AND ADOPTING GENERAL PLAN AMENDMENT NO. 95-03 TO ESTABLISH A NEW LAND USE CATEGORY, TO AMEND THE LAND USE MAP OF THE GENERAL PLAN AND TO AMEND THE CIRCULATION ELEMENT; AND APPROVING THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN. (32) RES. 96-51 - RESOLUTION OF THE CITY OF CERTIFYING THE TRAFFIC IMPACT ANALYSIS REUSE OF THE FORMER NORTON AIR FORCE BASE CONGESTION MANAGEMENT PLAN. SAN BERNARDINO REPORT FOR THE PURSUANT TO THE (32) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.10 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN. First (32) Council Member Curlin made a motion, Member Oberhelman, and unanimously carried, closed. seconded by Council that the hearing be Council Member Oberhelman made a motion, seconded by Council Member Miller, that full reading of the resolutions and ordinances be waived; that the Mayor and Common Council adopt the resolution 9 3/4/96 which certifies the Environmental Impact Report, adopts the Statements of Overriding Consideration based on the appropriate findings pursuant to California Environmental Quality Act (CEQA); adopts the Mitigation Monitoring Program; approves Specific Plan No. 95-01 with recommended changes, subject to the conditions of approval; approves General Plan Amendment No. 95-03, as contained in the Planning Commission staff report; and that said resolution which certifies the Traffic Impact Analysis report, be adopted; and that said ordinance be laid over for final adoption. The motion carried, and Resolution Nos. 96-50 and 96-51 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-05 - CONDITIONAL USE PERMIT NO. 95-11 - TO ALLOW A NEW SERVICE STATION TO LOCATE ALONG A MAJOR OR SECONDARY ARTERIAL WITH A FREEWAY OFF-RAMP WITHIN THE FREEWAY CORRIDOR OVERLAY - SOUTHWEST CORNER OF VARSITY AVENUE & UNIVERSITY PARKWAY - UNOCAL - CONTINUED FROM JANUARY 22, 1996 (31) This is the time and place continued for a public hearing to consider Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11, which would allow a new service station to locate along a major or secondary arterial with a freeway off-ramp within the freeway corridor overlay. Deputy City Attorney Empeno read and submitted a memorandum dated March 4, 1996, which contained a revised motion for this item. City Clerk Rachel Clark read into the record a letter from Clarence Burstein, 16B3 Grossmont Road, San Bernardino, CA, dated January 19, 1996, opposing Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11. Mayor Minor opened the hearing. Ray Benboali, UNOCAL, 17700 Castleton Street, Suite 50B, City of Industry, CA, stated that the proposed project exceeds development standards in many areas, and that they have respc;mded to many of staff's concerns and have removed closed stations owned by UNOCAL within the City. Barry Hammond, Service Station Services, #3 Hutton Centre Drive, Suite 711, Santa Ana, CA, thanked Council for the time they had spent considering this project and stated that this development code amendment would not allow any more service stations than are currently allowed in the ordinance. 10 3/4/96 Stephen Jamieson, attorney for UNOCAL, 426 Culver Boulevard, Playa del Rey, CA, stated that they have worked hard to meet the requirements of the City, and noted that the development code amendment does not take away the Council's discretion when considering development such as UNOCAL's. Al Boughey, Director of Planning and Building Services, informed the Council that the State Department of Alcoholic Beverage Control (ABC) had originally indicated that eleven licenses were allowed in the area and eight had been issued. However, ABC had recently informed Planning and Building Services that these figures may have been in error and a determination of public convenience or necessity may be required. Council again noted the need for consistency when determining public convenience or necessity. Deputy City Attorney Empeno explained that the determination of public convenience or necessity is a separate issue from the action being considered today. Don Strimpel, 6B16 N. Huntington Drive, San Bernardino, CA expressed opposition to approval of Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11, stating it would adversely impact the surrounding businesses. Terri Ramirez, Subway Development of San Bernardino, Riverside, and Imperial Counties, 9541 Business Center Drive, #10A, Rancho Cucamonga, CA, read and submitted a prepared statement from Carol Baker, development agent for Subway, dated March 4, 1996, expressing approval of the proposed development. John Lightburn, P.O. Box 1622, San Bernardino, CA, expressed support of the proposed development. Richard Hart, 939 E. Gilbert, San Bernardino, whether the "adopt a lot" concept (rehabilitation service stations) was being considered at this time. CA, inquired of abandoned Director Boughey stated that there was merit to the "adopt a lot" concept; however, it was not pertinent to this issue. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030 (2) (0) (1) TO ALLOW SERVICE STATIONS WITHIN THE FREEWAY CORRIDOR OVERLAY ALONG A MAJOR OR SECONDARY ARTERIAL WITH A FREEWAY OFF-RAMP, AND AMENDING SECTION 19.06.030(2) (F) (4) TO EXEMPT SERVICE STATION/CONVENIENCE STORES FROM THE 1000 FOOT DISTANCE CRITERIA FROM AN EXISTING OR PREVIOUSLY APPROVED CONVENIENCE STORE. First (31) 11 3/4/96 council Member Negrete made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed. Council Member Oberhelman stated he took exception to some of the findings of fact and would vote "No" on this item. Council Member Devlin made a motion, seconded by Council Member Miller, that full reading of the ordinance be waived; that the negative declaration be adopted; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 95-11 be approved based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements contained in Exhibit Two, Attachments E, F and G in the October 17, 1995, Planning Commission Staff Report, with Standard Requirement #6(e) [storm drain fee] as amended and agreed to by the Applicant. The motion carried by the following vote: Members Arias, Devlin, Anderson, Miller. Nays: Negrete, Curlin, Oberhelman. Absent: None. Ayes: Council Council Members PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 95-05 CHANGE LAND USE DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY - BASE LINE STREET, EAST OF WATERMAN AVENUE - CONDITIONAL USE PERMIT NO. 95-24 - ESTABLISH FOOD PROCESSING PLANT - 735 E. BASE LINE STREET - HAROLD LORTON (33) This is the consider General Permit No. 95-24, Base Line Street. time and place set for a public hearing to Plan Amendment No. 95-05 and Conditional Use to establish a food processing plant at 735 E. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated February 15, 1996, regarding General Plan Amendment No. 95-05 and Conditional Use Permit No. 95-24, to establish a food processing plant at 735 E. Base Line Street. Mayor Minor opened the hearing. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 95-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (33) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED At 3 :27 p.m., Director of Planning and Building Services Boughey left the Council meeting and was replaced by City Administrator Shauna Clark. 12 3/4/96 DEPUTY CITY ATTORNEY EMPENO EXCUSED At 3:27 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that the Charter calls for full reading of resolutions and ordinances and requested that full reading be done. City Attorney Penman stated that the Charter provides that the resolutions be read in full unless the Council votes to waive the reading. He added that the agenda is posted with backup materials, including the full text of resolutions and ordinances, prior to the meeting. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, be waived. COUNCIL MINUTES (6) Council Members Arias, Devlin, and Anderson indicated they would abstain from voting since they did not attend the meeting of January 22, 1996. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: January 22, 1996. The Members Abstain: motion carried by the following vote: Negrete, Curlin, Oberhelman, Miller. Council Members Arias, Devlin, Anderson. Ayes: Nays: Absent: Council None. None. AUTHORIZE IMPLEMENTATION - CITY BICYCLE SAFETY PROGRAM - ACCEPT GRANT AWARD - $22,000 - CALIFORNIA HEALTHY CITIES PROJECT - DISCUSSED LATER IN THE MEETING - SEE PAGE 22 (7) City Administrator Shauna Clark submitted a Staff Report dated February 21, 1996, regarding implementation of a bicycle safety program and acceptance of a $22,000 grant for same. Council Member Devlin made a motion, seconded by Council Member Miller, that authorization be given to implement a City Bicycle Safety Program and to accept a grant award for same in the amount of $22,000. (Note: There was no vote taken.) Council questioned the dollar value of the "in-kind" costs, which would be contributed by the City. 13 3/4/96 Council Member Curlin made a motion that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Administrator Clark stated she would be able to get the figures on the City's contribution prior to the end of the meeting. Council Member Curlin withdrew his motion. It was the consensus of Council that they would consider this matter later in the meeting. RES. 96-52 - 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. (8) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to imposing liens on property as unconstitutional. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-52 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER FROM THE CITY OF SAN BERNARDINO TO MOTOROLA COMMUNICATIONS RELATING TO PROVIDING 800 MHZ RADIO COMMUNICATION EQUIPMENT. (9) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ED BUTTS FORD FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1996 STENCIL TRUCK TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96- 20. (10) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CARMENITA TRUCK CENTER FOR FURNISHING AND DELIVERY OF THREE (3) EACH PROPANE-POWERED FIVE (5) YARD DUMP TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96-20. (11) 14 3/4/96 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF SIX (6) EACH 1996 COMPACT PICK-UP TRUCKS TO BE UTILIZED BY THE PLANNING AND BUILDING DEPARTMENT RENTAL HOUSING DIVISION AND THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96-21. (12) APPROVE - PROMOTIONS - DIANE C. ROTH & FRANK L. RHEMREV - CITY ATTORNEY'S OFFICE (S6) Note: There was no backup material distributed on Item S6. Council Member Oberhelman made a motion, seconded Member Curlin, that Agenda Item Nos. 9, 10, 11, 12, continued to March 18, 1996, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council and S6 be City Hall, Council Member Curlin removed his second. Discussion ensued regarding the budgetary implications if the above noted Item Nos. 9, 10, 11, 12, and S6 were approved, and it was suggested that these items be reviewed by the Ways and Means Committee prior to any further Council action. Council Member Oberhelman amended his motion, seconded by Council Member Curlin, and unanimously carried, that Agenda Item Nos. 9, 10, 11, 12, and S6 be referred to the Ways and Means Committee and continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLAIMS AND PAYROLL (13) Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 27, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (l4) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 22, 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. ORD. MC-959 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.15 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE FOOTHILL FIRE ZONES OVERLAY. Final (15) 15 3/4/96 ORD. MC-960 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO CREATING CHAPTER 15.10 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE FOOTHILL FIRE ZONE BUILDING STANDARDS. Final (l6) Council Member Curlin made a motion, seconded by Council Member Oberhelman, that said ordinances be adopted. Ordinance Nos. MC-959 and MC-960 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE CONTRACT CHANGE ORDER NO. ONE AUTHORIZE PERFORMANCE OF EXTRA WORK - RELOCATE THREE (3) EXISTING FOUR-INCH WATER MAINS IN CONFLICT WITH CATCH BASINS - CONTRACT INCREASE OF $14,493.25 - CONSTRUCT STORM DRAIN IMPROVEMENTS - LYTLE CREEK TO MT. VERNON AVENUE & BASE LINE STREET - COMMERCIAL CONTRACTORS, INC. (17) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 20, 1996, regarding Contract Change Order No. One, to relocate three existing four-inch water mains in conflict with catch basins, relative to construction of storm drain improvements from Lytle Creek to Mt. Vernon Avenue and Base Line Street, per Plan No. 9133. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. One to the contract with Commercial Contractors, Inc., for construction of storm drain improvements from Lytle Creek Channel to Mt. Vernon Avenue and Base Line Street, in accordance with Plan No. 9133, be approved; and that the contractor be authorized to perform the extra work involved in relocating three (3) existing four-inch water mains in conflict with catch basins to be installed by this project, at an increase of $14,493.25 to the contract price, from $2,269,407.85 to $2,283,901.10. RES. 96-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHINO CONSTRUCTION, INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS ON MILL STREET, FROM WATERMAN AVENUE TO LENA ROAD. (18) Bob Neves, a citizen of San Bernardino, asked whether any ramps for the handicapped were planned for this project; Director Hardgrave answered in the negative. Mr. Neves stated he had been assured that curb ramps were being put in throughout the City and asked that information be given to the public regarding the transition plan for installation of curb ramps city-wide. He added that curb ramps are required by law at all four corners whenever any work is done to the streets. 16 3/4/96 Council inquired as to the feasibility and cost of including handicapped curb ramps in this construction project, and agreed that even in the absence of a directive to do so, they would like the Director of Public Works to explore the possibility of same. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be adopted; and that the Director of Public Works be directed to explore the feasibility of providing ramps for the handicapped as part of the construction. The motion carried, and Resolution No. 96-53 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE SUBMITTAL - REQUEST FOR AUTHORIZATION FOR FUNDING - FEDERAL AID HIGHWAY BRIDGE REPLACEMENT & REHABILITATION PROGRAM (HBRR) - REHABILITATE MT. VERNON AVENUE & MT. VIEW AVENUE BRIDGES - PAINT CENTRAL AVENUE BRIDGE (19 & 20) Roger Hardgrave, Director of Public Works/City Engineer, submitted Staff Reports dated February 20 & 22, 1996, respectively, regarding approval to submit requests for authorization of funds under the Federal Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program, for rehabilitation of the Mt. Vernon Avenue bridge over Santa Fe Railroad's "A" Yard, rehabilitation of the Mt. View Avenue bridge over Mission Creek, and for painting the Central Avenue bridge over east Twin Creek. Director Hardgrave stated that the City would not proceed with the above projects if matching funds were not forthcoming. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that approval be given to submit requests for authorization of funds, under the Federal Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program, for rehabilitation of the Mt. Vernon Avenue bridge over Santa Fe's "A" Yard and the Mt. View Avenue bridge over Mission Creek; and for painting the Central Avenue bridge over east Twin Creek. RECESS MEETING At 4:04 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:13 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. 17 3/4/96 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 2934 - 1371 WEST BASE LINE STREET - FRANK GARCIA - CONTINUED FROM FEBRUARY 19, 1996 (21) This is the time and place continued for a public hearing to appeal the Board of Building Commissioners' Order No. 2934 relative to code violations at 1371 West Base Line Street. Mayor Minor opened the hearing. Frank Garcia, 8335 Mediterranean Way, Sacramento, CA, owner of the property, asked the Council to override the Board of Building Commissioners' decision and to cancel the imposed fees, which seemed excessive and could be put to better use bringing the property up to code. Joseph Lease, Inspection Services Supervisor, Planning and Building Services, answered questions regarding the property and gave a brief synopsis of actions taken by the Planning and Building Services Department. Discussion ensued on what would be accomplished by upholding the Board of Building Commissioners' decision and denying Mr. Garcia's appeal, whether the fees should be waived at this time, and whether the matter should be continued to a later date. Council Member Miller made a motion, seconded by Council Member Curlin, that the matter be continued to April 15, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Administrator Shauna Clark urged the Council not to waive the fees at this time, and instead hold them in abeyance until Mr. Garcia complied with the requirements of bringing the property up to code. Council Member Miller amended her motion, seconded by Council Member Curlin, and unanimously carried, that Mr. Garcia be directed to meet with Planning and Building Services staff and complete all work by April 1, 1996; to hold in abeyance until April 1, 1996, the decision on whether or not to waive fees; and that the matter be brought back to Council on April 1, 1996, if necessary. 18 3/4/96 PUBLIC HEARING - RESOLUTION ORDERING STREET VACATION - 8.00 FOOT BY 108.00 FOOT WALKWAY RUNNING NORTHWESTERLY BETWEEN SIERRA WAY & GENEVIEVE LANE - TRACT NO. 3410 (22) This is the time and place set for a public hearing to consider the vacation of an 8-foot by 108-foot pedestrian walkway running northwesterly between Sierra Way and Genevieve Lane. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 12, 1996, regarding the vacation of a pedestrian walkway running northwesterly between Sierra Way and Genevieve Lane, as requested by homeowners and residents living in Tract No. 3410. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, inquired whether this would present a problem for pedestrians. RES. 96-54 - RESOLUTION OF THE CITY OF ORDERING THE VACATION OF THE 8.00 FOOT WALKWAY RUNNING NORTHWESTERLY BETWEEN GENEVIEVE LANE. SAN BERNARDINO BY 108.00 FOOT SIERRA WAY & (22) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the hearing be closed; that the findings of fact as set forth in the Staff Report dated February 12, 1996, from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why the 8.00 foot walkway running northwesterly between Sierra Way and Genevieve Lane is no longer necessary for street purposes, be approved; and that said resolution be adopted. The motion carried, and Resolution No. 96-54 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. PUBLIC HEARING - RESOLUTION ORDERING STREET VACATION - NORTHERLY 50 FEET OF KENDALL DRIVE BETWEEN VACATED WALNUT & OLIVE AVENUES (23) This is the time and place set for a public hearing to consider the vacation of the northerly 50 feet of Kendall Drive between vacated Walnut and Olive Avenues. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 12, 1996, regarding vacation of the northerly 50 feet of Kendall Drive between vacated Walnut and Olive Avenues, as requested by Frank Tracadas and adjoining property owners. Mayor Minor opened the hearing. 19 3/4/96 Jeff Wright, P.O. Box 2341, San Bernardino, CA, inquired as to the purpose of the vacation and whether it would have any adverse impact. RES. 96-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE NORTHERLY 50.00 FEET OF KENDALL DRIVE LYING BETWEEN VACATED WALNUT AVENUE AND VACATED OLIVE AVENUE. (23) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing be closed; that the findings of fact as set forth in the Staff Report dated February 12, 1996, from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why the northerly 50.00 feet of Kendall Drive between vacated Walnut Avenue and vacated Olive Avenue is no longer necessary for street purposes, be approved; and that said resolution be adopted. The motion carried, and Resolution No. 96-55 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. IDENTIFY FINANCING INSTALL TRAFFIC SIGNALS & CHANNELIZATION - MT. VERNON AVENUE & 21ST STREET (24) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 27, 1996, regarding the installation of traffic signals and channelization at the intersection of Mt. Vernon Avenue and 21st Street. Council Member Negrete made a motion that the allocation of $120,000 from the 1996/97 Community Development Block Grant (CDBG) Fund Program, for installation of traffic signals and channelization at Mt. Vernon Avenue and 21st Street, be approved. The motion failed for lack of a second. Council expressed concern about allocating CDBG funds at this time, since the community Development Citizens Advisory Committee participates in making recommendations for the use of CDBG funds. Discussion ensued regarding various ways to finance the signals, including the use of CDBG funds or left over bond funds. Specifically discussed was a history of the bond funds originally designated for the San Marcos project and the possibility of using these funds for the traffic signals. Also discussed was the urgency of moving ahead with this project without delay. Mayor Minor suggested postponing a decision on funding until after the bond prioritization meeting scheduled for some time in May, and noted that installation of traffic signals at this location had been delayed for many years because the location did not meet warrants for a traffic signal until just recently. 20 3/4/96 Council Member Negrete made a motion to hold the decision on funding in abeyance until Council could obtain figures on the cost of two of the San Marcos projects; namely, a high pressure water line and upgraded lighting for the Mt. Vernon corridor, and use the remaining money for the traffic signals, eliminating the need to use CDBG funds. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by council Member Anderson, that the Director of Public Works/City Engineer be authorized to proceed with the design and engineering work and to advertise for bids, with designation of funding to be identified at a later time. (Note: The vote was not taken at this time.) Council Member Devlin made a substitute motion, seconded by Council Member Anderson, that $120,000 from the funds designated for San Marcos be earmarked for the traffic signals. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Public Works/City Engineer be authorized to proceed with the design and engineering work and to advertise for bids, with designation of funding to be identified at a later time. APPROVE - OFFSET OF STORM DRAIN CONSTRUCTION FEES - U.S. POSTAL SERVICE ENCODING FACILITY - GIFFORD INDUSTRIAL PARK, LTD. - $13,375 - JOE LACKO (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 15, 1996, regarding a letter dated February 7,1996, from LToe Lacko, J.L. Management Company, 629 Camino De Los Mares, Suite 206, San Clemente, CA, requesting that the City offset the storm drain construction fees required for construction of the parking lot for the U.S. Postal Encoding Center on Parcel Nos. 4 and 5 of Parcel Map No. 7405 of Gifford Industrial Park, Ltd. Joe Lacko explained that this request was predicated on the fact that he has had to dedicate and build on-site storm drain facilities that receive storm water off of public streets into a private facility at a cost in excess of $250,000. Mayor Minor reminded the Encoding Center was brought $500,000 from the City. Council that when the U.S. Postal to San Bernardino they received 21 3/4/96 Council Member Miller:' made a motion, seconded by Council Member Devlin, and unanimously carried, that the request by Mr. Joe Lacko of Gifford Industrial Park, Ltd., by letter dated February 7, 1996, to offset the $13,375 Storm Drain Construction Fee, for construction of a parking lot on Parcel Nos. 4 and 5 of Parcel Map No. 7405 for the U.S. Postal Encoding Facility, be denied. AUTHORIZE IMPLEMENTATION - CITY BICYCLE SAFETY PROGRAM - ACCEPT GRANT AWARD - $22,000 - CALIFORNIA HEALTHY CITIES PROJECT - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13 (7) This is the time and place cont inued from earlier in the meeting to consider authorization to implement a City bicycle safety program and accept a $22,000 grant award for same. City Administrator Shauna Clark stated that the program would provide helmets, trainers, safe bike parts, t-shirts for the bicycle rodeos, and postage and office expenses for the program. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that authorization be given to implement a City Bicycle Safety Program and to accept a grant award for same in the amount of $22,000. AUTHORIZATION TO PROCEED - ESTABLISH ASSESSMENT DISTRICT - CONSTRUCT SIDEWALK, MASONRY WALLS & LANDSCAPE - PORTION OF TRACT NO. 14448 - NORTH PARK BOULEVARD, MOUNTAIN & HILL DRIVES (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 20, 1996, regarding establishment of an assessment district for construction of sidewalk and masonry walls and installation of landscaping along portions of Northpark Boulevard, Mountain Drive, and Hill Drive within Tract No. 14448. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE PLAN NO. 9053 - AUTHORIZE ADVERTISEMENT FOR BIDS - MODIFY IRRIGATION SYSTEM - TIPPECANOE AVENUE, HARRY SHEPPARD BOULEVARD & DEL ROSA DRIVE SAN BERNARDINO TRADE CENTER & INTERNATIONAL AIRPORT (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 8, 1996, regarding approval of plans and authorization to advertise for bids for modification of the irrigation system for Tippecanoe Avenue, Harry Sheppard Boulevard, and Del Rosa Drive at the San Bernardino Trade Center 22 3/4/96 and International Airport, in order to bring it into compliance with the standards for a landscape maintenance assessment district. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE PLAN NO. 9043 - AUTHORIZE ADVERTISEMENT FOR BIDS - REHABILITATE PAVEMENT - LYNWOOD DRIVE - DEL ROSA AVENUE TO VICTORIA AVENUE (28) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated February 20, 1996, approval of plans and authorization to advertise for pavement rehabilitation on Lynwood Drive, from Del Rosa Victoria Avenue. Engineer, regarding bids for Avenue to Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ISSUE A PERMIT TO THE BLAST SOCCER CLUB FOR THE CONSTRUCTION OF AND USE OF SOCCER FIELDS AT AL GUHIN PARK. (29) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO NUISANCES. (Lots with vacant and/or boarded structures.) First (30) A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A GRANT DEED FROM HENRY G. CISNEROS, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, FOR PROPERTY LOCATED AT 217 EAST 11TH STREET, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (S2) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES. (S4) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH OPTION TO PURCHASE, RELATING TO CERTAIN CITY-OWNED REAL PROPERTY SITUATED AT THE NORTHEAST CORNER OF WATERMAN AVE~~E AND GILBERT STREET (1505 NORTH WATERMAN AVENUE) . (S5) 23 3/4/96 Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that Agenda Item Nos. 29, 30, S2, S4, and S5 be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055 AND 19.30.320 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 15.73.065 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. First (S3) Discussion ensued regarding the timeline of when a project would fall under the new guidelines as outlined in the proposed ordinance. City Attorney Penman stated that if a project is started before the ordinance goes into effect, it would fall under the old guidelines. He also noted that the only way it would be retroactive is if the ordinance specifically states that it would be retroactive and that the ordinance will be effective 31 days after its final reading. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING - CLOSED SESSION - REFERENCED EARLIER IN THE MEETING - SEE PAGE 4 (l) At 5:18 p.m., the Mayor and Common Council recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz. et al. vs. James F. Penman. et al. United States Court of Appeals, 9th Circuit No. 93-55393; United States District Court Case No. CV 91-5757 CMB; Marv Peer vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 270179; Fourth District Court of Appeals Case No. E015422. B. Conference with legal counsel significant exposure to subdivision (b) of Government case. - anticipated litigation - litigation pursuant to Code Section 54956.9: one 24 3/4/96 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) Government Code Section 54956.9: one case. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Personnel Director Emolovee Orqanizations: San Bernardino Public Employees Association (SBPEA) General Unit and Middle Management Aqencv Neqotiator: Shauna Clark, City Administrator Emolovee Orqanization: San Bernardino Confidential Management Association (SBCMA) - Management and Confidential Employees CLOSED SESSION At 5:18 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken following being present: Curlin, Arias, Oberhelman, Penman, City Clerk Rachel Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; City Attorney Clark, City Administrator Shauna Clark. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Finance Director Pachon; and Personnel Director Dillon. CITY ATTORNEY PENMAN EXCUSED At 5:22 p.m., City Attorney Penman left the closed session. ADJOURN CLOSED SESSION At 5:29 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:32 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. 25 3/4/96 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, 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 5:32 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. 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 Rl, R2, R5, R6, R7, R8, R9, RIO, Rll, R14, RSl, and NBl 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 (R3) Council Member Oberhelman made a motion, seconded by Council Member Miller, 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. 9446 - AUTHORIZE ADVERTISEMENT FOR BIDS - RE-ROOF FIRE STATION NOS. 2, 4, & 8 (R4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated February 13, 1996, regarding approval of plans and authorization to advertise for bids for the re-roofing of Fire Station Nos. 2, 4, and 8. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for re- roofing Fire Station Nos. 2, 4, and 8, in accordance with Plan No. 9446, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RESTRUCTURE DEBT SERVICE RESERVE FUNDS FACILITIES LEASE REVENUE REFUNDING BONDS ISSUE OF POLICE STATION - PROCEED WITH REQUEST FOR BID PUBLIC 1989 - (R12) 26 3/4/96 Fred Wilson, Assistant City Administrator, submitted a Staff Report dated February 28, 1996, regarding restructuring of the Debt Service Reserve Fund, in essence a method to borrow against the interest earnings of the next ten years and receive a lump sum payment at this time. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the restructuring of the Designated Debt Service Reserve Funds for the 1995 Certificates of Participation (Police Station Financing Project); authorize staff, together with Miller & Schroeder, Inc., to issue a request for bids; direct the City Administrator to accept and award the best bid; and to execute all necessary documents. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE PURPOSE OF FORMING THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY (" SANBAC") . (Rl3A) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At this time the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. ADJOURNMENT (34) At 6:37 p.m., the regular meeting was adjourned. The next meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, March 18, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BY RACHEL CLARK CITY CLERK ~~a:fdrP Deputy City Clerk No. of Items: No. of Hours: 44 7.5 hours 27 3/4/96