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HomeMy WebLinkAbout04-15-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 15, 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, April 15, 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, Anderson, Miller; Deputy City Attorney Easland; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Arias. Deputy City Attorney Easland announced that the following additional cases would be discussed in closed session: Riqht to Know vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18649; Stephen Yaqman vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 28312. RECESS MEETING - CLOSED SESSION - the meeting - See Page 19) At 8:02 a.m., the Mayor and Common session for the following: (Referenced later in (1&S6) Council recessed to closed Pursuant to Government Code Sections. A. Conference with legal pursuant to Government case. counsel existing litigation Code Section 54956.9 (a) : one B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: no cases. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: no cases. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: 1 4/15/1996 Aqency Neqotiator: Barbara Dillon, Personnel Director Employee Orqanization: San Bernardino Public Employees Association (SBPEA) Mid-Management Unit CLOSED SESSION At 8:02 a.m., Mayor Minor called ~he 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, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Easland; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Arias. Also present: Senior Assistant City Attorney City Attorney Empeno and Margaret Scroggin, Operations Supervisor, City Attorney's Office Director Dillon. Barlow, Deputy Administrative and Personnel READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 Council was in closed session. PERSONNEL DIRECTOR DILLON EXCUSED At 8: 16 a. m., Personnel Director Dillon left the closed session. ADJOURN CLOSED SESSION At 8:22 a.m., the closed session the Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m., in 300 North "D" Street, San RECONVENE MEETING At 9:01 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, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Easland; City Clerk Rachel Clark; City Administrator Shauna Clark. 2 4/15/1996 Absent: Council Member Arias. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBER NEGRETE (2B&S2) MAYOR MINOR Board of Water Commissioners - Board of Water Commissioners - Animal Advisory Commission - Alton Garrett B. Warren Cocke Cynthia A. Buttram COUNCIL MEMBER NEGRETE - FIRST WARD Fine Arts Commission - Marie Antoinette Alonzo Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments requested by Mayor Minor and Council Member Negrete be approved. PRESENTATION - EASTER SEAL SOCIETY AWARD TO THE CITY - KCSB, CHANNEL 3 TELETHON PRODUCTION EASTER - 1996 SEAL (2A) Ernest Wilson, Member of the Board of Directors, Easter Seal Society, presented an award to the City for KCSB, Channel 3' s production of the 1996 Easter Seal Telethon. Mansie Booker, Video Production Telecommunications, accepted the award. Coordinator, PROCLAMATION - APRIL 20, 1996 INLAND EMPIRE ENVIRONMENTAL EXPO DAY - (2A) J. Lorraine Velarde, resolution proclaiming Environmental Expo Day" Executive Assistant to the Mayor, April 20, 1996, as "Inland within the City of San Bernardino. read a Empire Dr. Darlene Stoner, Cal State University, San Bernardino, 5500 University Parkway, San Bernardino, CA, accepted the proclamation and distributed fliers regarding the Inland Empire Environmental Expo to be held on April 20, 1996. PROCLAMATION - NATIONAL VICTIMS' WEEK - APRIL 21-27, 1996 - INLAND EMPIRE CHAPTER OF FAMILIES & FRIENDS OF MURDER VICTIMS (2A) 3 4/15/1996 J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming April 21-27, 1996, as "National Victims' Week" within the City of San Bernardino and recognized the Inland Empire Chapter of Families & Friends of Murder Victims for their dedicated service in providing hope to the families and friends of murder victims. Rick and Heidi Foss, Co-Directors, Families & Friends of Murder Victims, accepted the proclamation. PROCLAMATION - APRIL 21-27, 1996 - NATIONAL VOLUNTEER WEEK ST. BERNARDINE MEDICAL CENTER AUXILIARY VOLUNTEER CENTER OF THE INLAND EMPIRE (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of April 21-27, 1996, as "National Volunteer Week" within the City of San Bernardino and recognized the St. Bernardine Medical Center Auxiliary and the Volunteer Center of the Inland Empire for their many hours of dedicated service to the citizens within our community. Roneale K. Branning, Development & Volunteer Coordinator, and JoAnn Pattison, Auxiliary President; and Wendi Smith, Program Director, and Kay Kelley, Executive Director, Volunteer Center of the Inland Empire, accepted their proclamation. COMMENDATION - DEL ROSA NEIGHBORHOOD ACTION GROUP (DRNAG) (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Del Rosa Neighborhood Action Group (DRNAG) for their tireless efforts in support of a City clean-up day. The DRNAG provided cleaning services to the Del Vallejo Middle School, drove pickup trucks to assist the elderly with discards and cleaned vacant land areas. Bill Troost, Board Member and former President, Del Rosa Neighborhood Action Group, accepted the commendation. PRESENTATION TO THE CITY - $5,000 CHECK - KIWANIS CLUB OF SAN BERNARDINO (2A) Debi Biggs, President, Kiwanis Club of San Bernardino, presented the City with a check in the amount of $5,000 for the installation of the flag pole and plaque commemorating the new baseball stadium. Mayor Minor accepted the check and expressed his gratitude. 4 4/15/1996 SERVICE PIN AWARDS (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in gratitude of their many years of dedicated service to the City: Name Department Elizabeth Rangel Tom Rodriguez Marsha Fleming-Fraiser Animal Control Cemetery Economic Development Agency Economic Development Agency Fire Fire Fire Fire Mayor's Office Public Services Public Works/Engineering John B. Hoeger Dan Dickerson Jeffrey Noack Robert Bliss Mike Bollinger Jun Inawat Adrienne Loa Julito Sio Years of Service 5 year pin 5 year pin 20 year pin 10 year pin 20 year pin 25 year pin 30 year pin 20 year pin 5 year pin 10 year pin 10 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN Council Member Curlin stated that he can now be mail. Anyone wanting his e-mail address can obtain Council Office at 384-5188. ANNOUNCEMENTS - MAYOR MINOR (3) reached via e- it through the (3) Mayor Minor delivered a presenta~ion eXplaining the use of program signs for the landlord certi fication program. Owners and/or managers of more than 20 propertles have completed the three phases necessary to receive signs which state that they will not tolerate illegal activity in their neighborhoods and symbolize support for a crime-free community. On April 22, 1996, Regency Park Apartments, on 42nd Street, will be issued program signs. Significant results have been realized at the Regency Park Apartments through the efforts of Janice Whittle, Property Manager, and the philosophy of the landlord certification program. If more information about the landlord certification program is needed, please call the Police Department at 388-4831. PUBLIC COMMENTS - RUBEN LOPEZ (4) Ruben Lopez, 631 W. 16th Street, San support for Senate Bill 2112 which gives the Community Development Commission. Bernardino, CA, expressed the Mayor veto power over 5 4/15/1996 PUBLIC COMMENTS - LARRY SINGLETON (4) Larry Singleton, 687 W. 9th Street, San Bernardino, CA, voiced concern regarding reverse discrimination, political corruption and the services provided by the Human Relations Commission. PUBLIC COMMENTS - JEFF WRIGHT (4) Jeff Wright, concern regarding Malls and stated Carousel Mall. P. O. Box 2341, San Bernardino, CA, expressed the renovation of the Inland Center and Carousel that the City should not be subsidizing the ANNOUNCEMENTS - MAYOR MINOR (3) Mayor Minor recognized the third grade students from St. Anne's School, 7855 Del Rosa Avenue, San Bernardino, CA. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, opposition to the and ordinances. P. o. Box 2341, San Bernardino, CA, expressed waiving of the full reading of the resolutions Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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 MEMBER CURLIN EXCUSED At 9:39 a.m., Council Member Curlin left the Council meeting. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: March 4, 1996. ORD. MC-966 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION C TO SECTION 8.60.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS IN HIGH FIRE AREAS IN THE 1996 SEASON. Final (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-966 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Curlin, Arias. 6 4/15/1996 RES. 96-88 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO COMMUNITY SERVICES DEPARTMENT FOR A MENTORING COLLABORATIVE. (8) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-88 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Curlin, Arias. COUNCIL MEMBER CURLIN RETURNED At 9:42 a.m., Council Member Curlin meeting and took his place at the council returned to the Council table. CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated April 9, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 1, 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 RES. 96-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WEST COAST CONSTRUCTION FOR WIDENING MILL STREET, FROM "H" STREET TO "I" STREET. (See related Item No. S3) (11) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-89 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. ALLOCATE SUPPLEMENTAL FUNDS - $6,000 - WIDEN MILL STREET, FROM "H" TO "I" STREET - PLAN NO. 9267 - (See related Item No. 11) (S3) Roger Hardgrave, Director submitted a Staff Report dated allocation of supplemental funds widening of Mill Street, from "H" of Public Works/Engineering, April 8, 1996, concerning the in the amount of $6,000 for the to "I" Street. 7 4/15/1996 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the allocation of $6,000, as supplemental funding, from Account No. 126-000-3405, "Undesignated Balance," to Account No. 126-369-5504-1724, "Improvement of Mill Street, from 'I' Street to 'H' Street," be approved; to provide funding to complete the widening of the south side of Mill Street, from "J" Street to "I" Street. RES. 96-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC. FOR REHABILITATING THE PAVEMENT FOR THE PALM MEADOWS GOLF COURSE PARKING LOT. (12) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-90 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-91 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 13 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF CENTRAL AVENUE, FROM TIPPECANOE AVENUE TO MT. VIEW AVENUE. (13) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-91 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-92 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 14 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT "E" STREET AND THIRTY-FOURTH STREET. (14) RES. 96-93 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 15 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF RIALTO AVENUE, WEST OF "E" STREET, AND MILL STREET, EAST OF "D" STREET. (15) 8 4/15/1996 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 96-92 and 96-93 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. AUTHORIZATION TO PROCEED ESTABLISH LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - NORTHPARK BOULEVARD, MOUNTAIN DRIVE & HILL DRIVE - TRACT NO. 14448 - PREPARE ENGINEERS REPORT (16) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated March 12, 1996, concerning authorization to proceed with the establishment of a landscape maintenance assessment district for Tract No. 14448 located along portions of Northpark Boulevard, Mountain Drive and Hill Drive. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping along portions of Northpark Boulevard, Mountain Drive and Hill Drive within Tract No. 14448. RES. 96-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AMENDMENT OF CONTRACT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) TO INCLUDE REVENUE ENHANCEMENT AND AUDITING SERVICES. (17) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-94 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. ESTABLISH POSITION - ONE SENIOR ADMINISTRATIVE ANALYST - DELETE POSITION - ASSISTANT TO THE CITY ADMINISTRATOR - CITY ADMINISTRATOR'S OFFICE (18) Barbara Dillon, Personnel Director, submitted a Staff Report dated April 8, 1996, concerning the establishment of one Senior Administrative Analyst and the deletion of the Assistant to the City Administrator position. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that one (1) Senior Administrative Analyst position, Range 4421, $3,624-$4,405/month, be established; that one position of Assistant to the City 9 4/15/1996 Administrator (U), Range 4473, $4,697-$5,709/month, be deleted; and that the Personnel Department be directed to update Resolution No. 95-428 and amend Resolution No. 6413, Section 14, to reflect this particular action. PUBLIC HEARING - CAPITAL IMPROVEMENT PROGRAM - 1995/96 THROUGH 1999/2000 - (Introduced on April 15, 1996) (19) Roger submitted a adoption of Program. Hardgrave, Director Staff Report dated the 1995/96 through of Public Works/Engineering, Apri~ 2, 1996, concerning the 1999/2000 Capital Improvement Mayor Minor opened the hearing. The Council requested a list of the upcoming improvements. RES. 96-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1995/96 TO 1999/2000 CAPITAL IMPROVEMENT PROGRAM. (Continued from April 1, 1996) (19) Council Member Miller made a mction, seconded by Council Member Oberhelman, that the hearing for adoption of the 1995/96 through 1999/2000 Capital Improvement Program be closed; and that said resolution be adopted. The motion carried and Resolution No. 96-95 following vote: Ayes: Council Members Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Arias. was adopted by the Negrete, Curlin, None. Absent: PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (20) Rachel Clark, City Clerk, submitted a 28, 1996, concerning the placement of business registration fees. Staff Report dated March liens for uncollected Mayor Minor opened the hearing. Ken Shovey, Electrical Contractor, explained that the property located at 1053 W. 27th Street, San Bernardino, CA, is owned by his mother and the property has not been used as a boarding facility for the past three years. RES. 96-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (20) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing be closed; that the City Clerk be 10 4/15/1996 directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; that 1053 W. 27th Street be removed from Exhibit A to allow the City Clerk's Office to look into the matter and bring back at a later date if necessary; and that said resolution be adopted. The motion carried and Resolution No. 96-96 following vote: Ayes: Council Members Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Arias. was adopted by the Negrete, Curlin, None. Absent: APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 2892 - 817 NORTH "H" STREET - MR. T. C. BINNEY (21) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated March 25, 1996, relative to the Board of Building Commissioners' Order No. 2892 concerning the property located at 817 North "H" Street. Director Boughey, synopsis of the action Commissioner's Order No. such. speaking from the podium, provided a taken relative to the Board of Building 2892 and answered questions pertaining to Mayor Minor opened the hearing. Ted Binney, 1680 W. Highland Avenue, San Bernardino, CA, stated that the property was not in compliance when he purchased it and requested that he be allowed to continue its use as a rental. Director Boughey stated that the property was always zoned for commercial use and explained the authorized applications. Council Member Curlin made a motion, seconded by council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold Order No. 2892 of the Board of Building Commissioners and deny the appeal. RES. 96-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION ... DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS ...;" AND PROVIDING THAT LAKEWOOD DRIVE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH WINDSOR STREET. (22) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-97 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. 11 4/15/1996 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENUMBERING SECTION 9.68.060 AND ADDING SECTIONS 9.68.060, 9.68.070 AND 9.68.080 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING ON THE STREETS DURING SCHOOL HOURS AND REIMBURSEMENT FOR COSTS OF CURFEW VIOLATIONS. First (23) Council Member Miller made a motion, seconded by Council Member Curlin, and unanimously carried, that said ordinance be continued to May 6, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. VOLUNTEER CODE EDUCATION - CITY NEIGHBORHOOD & BUSINESS ASSOCIATIONS - FIRST NOTICE - CITY SUPPORT - (Continued from April 1, 1996) - (Discussed later in the meeting - See Page 13) (24) Council Member Oberhelman made a motion, seconded by Council Member Miller, that staff be directed to actively support the code education efforts of the City's neighborhood and business associations; that $2,400 be allocated from Account No. 001-092- 5181 (General Government) to allow for the start of the code education support by the City; and ~hat staff be directed to allocate the equivalent of three officers to support and respond to complaints referred by various associations, pending approval of the City's Community Development Block Grant application. It was noted that the matter was not due to be heard until 10:30 a.m. Consequently, it was the consensus of the Council that the matter be heard later in the meeting. Council Member Miller withdrew her second. The motion failed for lack of a second. WAIVE FEES - BASELINE AREA BUSINESS ASSOCIATION ANNUAL STREET FAIRE - MAY 9-12, 1996 - COUNCIL MEMBER CURLIN - (Continued from April 1, 1996) (25) Council Member Negrete made a motion, seconded by Council Member Curlin, that the request to waive all fees for the Annual Street Faire, May 9 to May 12, 1996 for the Baseline Area Business Association be approved. (Note: There was no vote taken.) Concern was expressed relative to the amount of fees to be waived. A discussion was held regarding whether or not the Baseline Area Business Association had filed for a permit. Council Member Curlin made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the Mayor be 12 4/15/1996 authorized to direct the Baseline Area Business Association to submit an application and authorize the waiver of the temporary use permit fee and any other fees that may be deemed appropriate. VOLUNTEER CODE EDUCATION - CITY NEIGHBORHOOD & BUSINESS ASSOCIATIONS - FIRST NOTICE - CITY SUPPORT - (Continued from April 1, 1996) - (Discussed earlier in the meeting - See Page 12) (24) City Administrator Shauna Clark Development Block Grant funds would not three officers. stated that Community be available to support A discussion was held concerning what quantifies an association and whether or not a list of such would be available. Shauna Clark, City Administrator, explained the volunteer code education program wherein the associations would be notifying individuals concerning the City's codes for the maintenance of property. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that staff be directed to actively support the code education efforts of the City's neighborhood and business associations; that $2,400 be allocated from Account No. 001-092-5181 (General Government) to allow for the start of the code education support by the City; and that staff be directed to allocate the equivalent of three officers to support and respond to complaints referred by various associations, pending approval of the City's Community Development Block Grant application. RECONSIDER - CITY NO. 94-07 - FENCE 1996) INITIATED DEVELOPMENT CODE AMENDMENT STANDARDS - (Continued from April 1, (26) Council Member Negrete made a motion, seconded by Council Member Curlin, that the previous action taken at the meeting of March 18, 1996, Item No. 38, relative to Development Code Amendment No. 94-07 regarding fence standards be reconsidered. The motion failed by the following vote: Ayes: Members Negrete, Curlin, Oberhelman. Nays: Council Devlin, Anderson, Miller. Absent: Council Member Arias. Council Members RES. 96-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) . (Sl) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. 13 4/15/1996 Resolution No. 96-98 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Anderson, Miller. Nays: Council Member Devlin. Absent: Council Member Arias. RES. 96-99 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON FOR LABOR RELATIONS TRAINING SERVICES. (S4) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96 -99 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-100 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH PAVILION PARTNERS DBA GLEN HELEN BLOCKBUSTER PAVILION. (S5) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96 -100 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RECESS MEETING At 10:48 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 11:00 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, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Arias. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:00 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. 14 4/15/1996 NOTE: The items reflected within the Community Development Commission portion of the minutes are those which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R2, R4, R7, R10, R11, R12, R13, R14, R15 and R16 will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. APPROVE PLAN NO. 9295 - AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL HANDICAP RAMPS - VARIOUS LOCATIONS - INSTALL SIDEWALK - BASE LINE STREET (NORTH SIDE), FROM CALIFORNIA STREET TO MEDICAL CENTER DRIVE (R5) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated April 4, 1996, concerning the approval of Plan No. 9295 and the authorization to advertise for bids for the installation of handicap ramps at various locations and the installation of sidewalk on Base Line Street (north side) , from California Street to Medical Center Drive. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for installation of handicap ramps at various locations and sidewalk on Base Line Street (north side), from California Street to Medical Center Drive, in accordance with Plan No. 9295, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. SET PUBLIC HEARING - MAY 6, 1996 - 11:00 A.M. - SECOND YEAR ACTION 1995-1999 CONSOLIDATED PLAN 1996/97 FUNDING CYCLE - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - HOME INVESTMENT PARTNERSHIP ACTION (HOME) - EMERGENCY SHELTER GRANT (ESG) - (Reconsidered later in the meeting - See Pages 16 & 17) (R8) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated April 10, 1996, concerning the setting of a public hearing for the second year action plan component of the 1995-1999 Consolidated Plan. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council set May 6, 1996 at 11:00 a.m., as the date and time for the second year action plan component of the 1995-1999 Consolidated Plan public hearing to address the projects recommended for funding for the 1996-1997 program year. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the waiving of the full reading of the resolutions and ordinances. 15 4/15/1996 council Member Oberhelman made a motion, seconded by Council Member Curlin, 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. RES. 96-101 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MORRISON-HOPE COMPANIES, INC. FOR RE-ROOFING THE YWCA SWIMMING POOL BUILDING AT 567 NORTH SIERRA WAY. (R6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Council Member Anderson explained that she is a member of the Board of Directors for the Young Womens Christian Association (YWCA) and would be abstaining from the vote; therefore, declaring a conflict of interest. Resolution No. 96-101 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: None. Abstain: Council Member Anderson. Absent: Council Member Arias. COUNCIL MEMBER MILLER EXCUSED At 11:37 a.m., Council Member Miller left the Council meeting. RES. 96-102 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE AUTHORITY FOR THE HANDICAPPED. (R9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Anderson. Nays: No. 96 -102 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, None. Absent: Council Members Arias, Miller. COUNCIL MEMBER MILLER RETURNED At 11:39 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. RECONSIDER TIME - SET PUBLIC HEARING - MAY 6, 1996 @ 3:00 P.M. - SECOND YEAR ACTION - 1995-1999 CONSOLIDATED PLAN - 1996/97 FUNDING CYCLE - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT PARTNERSHIP ACTION (HOME) EMERGENCY SHELTER GRANT (ESG) - (Action taken earlier in the meeting - See Page 15) (R8) 16 4/15/1996 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council reconsider the previous action taken to set May 6, 1996 at 11:00 a.m., as the date and time for the second year action plan component of the 1995-1999 Consolidated Plan public hearing to address the projects recommended for funding for the 1996-1997 program year. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council set May 6, 1996 at 3:00 p.m., as the date and time for the second year action plan component of the 1995-1999 Consolidated Plan public hearing to address the projects recommended for funding for the 1996-1997 program year. ALTERNATIVE TO EXCEED OPERATING & & 1996/97 AUTHORITY FINANCING - CITY'S GUARANTEE - 2/7THS OF NOT $4,000,000 NOTE ISSUANCE ANTICIPATED CAPITAL IMPROVEMENT DEFICITS - FY'S 1995/96 SAN BERNARDINO INTERNATIONAL AIRPORT (RS1) Ronald Winkler, Development Director, Agency, submitted a Staff Report dated April alternative financing for the City's 2/7th issuance not to exceed $4,000,000 for International Airport Authority. Economic Development 12, 1996, concerning guarantee of a note the San Bernardino Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the San Bernardino International Airport Authority financing alternative number two and declaration of intention to commit the Mayor and Common Council to adopt at a later date an appropriate modified form of a guarantee resolution providing for the guarantee of 2/7ths of the not-to-exceed $4,000,000 principal amount of notes to be issued by the San Bernardino International Airport Authority maturing not later than June 30, 1998. RECESS MEETING At 12:13 p.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council recessed 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 Ci~y 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 17 4/15/1996 following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; Planning and Building Services Director Boughey. Absent: Council Members Curlin, Arias. RES. 96-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR GENERAL PLAN AMENDMENT NO. 94 - 0 5 AND DEVELOPMENT CODE AMENDMENT NO. 94 - 0 9 PERTAINING '::'0 THE SAN BERNARDINO INTERNATIONAL AIRPORT. (27) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutio~ be adopted. Resolution Ayes: Council Miller. Nays: No. 96-103 was adopted by the following vote: Members Negrete, Oberhelman, Devl in, Anderson, None. Absent: Council Members Curlin, Arias. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 95-06 - LAND USE DESIGNATION CHANGE - RU-1, RESIDENTIAL URBAN, TO CG- 1, COMMERCIAL GENERAL - NORTHWEST CORNER OF PEPPER & RIALTO AVENUES - UNDEVELOPED LAND - MR. & MRS. HAROLD J. BROWN (28) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated March 28, 1996, concerning the approval of General Plan Amendment No. 95-06 to change the land use designation from RU-1, Residential Urban, to CG-1, Commercial General, for a .53 acre parcel located on the northwest corner of Pepper & Rialto Avenues. Mayor Minor opened the hearing. RES. 96-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 95-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (28) Council Member Negrete made a motion, seconded by Council Member Devlin, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 95-06. (Note: The vote was taken after discussion.) Council Member Oberhelman made a substitute motion that the matter be continued. The substitute motion failed for lack of a second. Howard Leidner, representing the Concerned Residents of the Pepper Tree Mobile Home Park, 2930 W. Rial to Avenue, Space 44, Rialto, CA, expressed opposition and submitted an undated letter of protest. 18 4/15/1996 COUNCIL MEMBER CURLIN RETURNED At 2:04 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. A discussion ensued regarding the prohibitions for use within the proposed land use district. The motion carried and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 96-104 was adopted by Members Negrete, Curlin, Nays: None. Absent: CLOSED SESSION ANNOUNCEMENT - (Referenced earlier in the meeting - See Page 1) (1) Deputy City Attorney Empeno announced that in closed session, the Council unanimously approved the hiring of MacLachlan, Burford & Arias, A Law Corporation, to represent the City in Stephen Yaqman vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 28312. ADJOURNMENT (29) At 2:10 p.m., the regular meeting adjourned. The next regular meeting is scheduled for 8:00 a.m., Monday, May 6, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By 00 C S zanna Cordova eputy City Clerk No. of Items: 41 No. of Hours: 4.5 hrs. 19 4/15/1996