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HomeMy WebLinkAbout05-20-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 20, 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 8:02 a.m., Monday, May 20, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; Deputy City Clerk Medina; Assistant City Administrator Wilson. Absent: Council Members Negrete, Curlin, Miller. City Attorney Penman announced that one case would be heard under Subdivision (b) of Government Code Section 54956.9, significant exposure to litigation, and the list of 102 cases distributed at the adjourned regular meeting of the Mayor and Council held on May 16, 1996, would also be discussed. RECESS MEETING - CLOSED SESSION At 8:03 a.m., the Mayor and Common session for the following: (1&AS1) 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 GAEA Equitus Bernardino, et No. SCV 28589. Corporation. et al. vs. City of San al. - San Bernardino Superior Court Case B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Governmen~ 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. 1 5/20/1996 CLOSED SESSION At 8:03 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; Deputy City Clerk Medina; Assistant City Administrator Wilson. Absent: Council Members Negrete, Curlin, Miller. Also present: Senior Assistant City Attorneys Barlow and Carlyle, Deputy City Attorney Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council while the Council was in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:04 a.m., Council Member Miller arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:07 a.m., Deputy City Attorney Empeno left the closed session. COUNCIL MEMBERS NEGRETE & CURLIN ARRIVED At 8:15 a.m., Council Members Negrete and Curlin arrived at the closed session. ADJOURN CLOSED SESSION At 8:44 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 9:00 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 following being present: by Deputy City Clerk Medina with the Mayor Minor; Council Members Curlin, 2 5/20/1996 Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Medina; Assistant City Administrator Wilson. Absent: Council Member Negrete. INVOCATION The invocation was given by Father Patricio Guillen, Libreria Del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBER NEGRETE (S2&S3) MAYOR MINOR Mobile Home Board - Clara D. O'Campo COUNCIL MEMBER NEGRETE - FIRST WARD Human Relations Commission - Lydia A. O'Campo Ruiz Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments requested by Mayor Minor and Council Member Negrete be approved. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor wished the residents of the City a Happy Birthday, and stated that on this date the City has been in existence for 186 years. PRESENTATION - LEGEND OF THE ARROWHEAD - MAY 20, 1996 - CALIFORNIA THEATER (3) In recognition of the City's 186th birthday, Colin Strange, Project Coordinator, Main Street, Inc., introduced cast members from the play, Legend of the Arrowhead, who depicted Father Dumetz entering the area and naming the valley on May 20, 1810. Members of the cast also rendered "Reach for the Stars San Bernardino", a musical number within the encore production scheduled to appear at the California Theater, May 31 through June 2, 1996. COUNCIL MEMBER NEGRETE RETURNED At 9:14 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. COMMENDATION RHODA FOX RECREATION COMMISSION MEMBER FOURTH WARD PARK AND (3) 3 5/20/1996 J. Lorraine velarde, Executive Assistant to the Mayor, read a resolution commending Rhoda Fox for her 14 years of dedicated service as the fourth ward Park & Recreation Commission member. Ms. Fox accepted her commendation. COMMENDATION - NORTHPARK NEIGHBORHOOD ASSOCIATION (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Northpark Neighborhood Association for its dedicated service and civic pride demonstrated for the community. SERVICE PIN AWARDS (3) 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 Helen Dillard Betty Deal Finance Parks, Recreation & Community Svcs. Personnel Police Police Public Services Public Services Public Services San Bernardino Employment & Training Agency Dena Murillo Filiberto Rodriguez James Sutcliffe Irene Santiago Celio Rodriguez Paul Rodriguez Tommy Litras Years of Service 20 year pin 10 year pin 5 year pin 5 year pin 10 year pin 5 year pin 10 year pin 10 year pin 20 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN Council Member Curlin expressed his desire to and Council work together as a team and appreciate right to be an individual without fear of reprisal. (4) see the Mayor each member's CITY ATTORNEY PENMAN EXCUSED At 9:30 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias commended Ernie Wilson, Affirmative Action Officer, Mayor's Office, for the training he conducted on contract compliance. 4 5/20/1996 ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman expressed his thanks and appreciation to the First Lady of San Bernardino, Virginia Minor, Pat Leathers, Bob Botts, Rotary Club of San Bernardino and the many others who brought to fruition the Soap Box Derby held May 18 and 19, 1996. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin also expressed his appreciation to those involved with the Soap Box Derby. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson expressed her content with the activities surrounding the Soap Box Derby. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller announced that the for the Pastoral Center on Highland Avenue date at 4:30 p.m. dedication ceremonies will take place this ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor recognized the fifth grade class from Roosevelt Elementary School. Mayor Minor announced that the City has developed a neighborhood earthquake preparedness pr.ogram called SAFE, Survival Actions for Earthquakes. In order to minimize injuries and loss of life, residents need to be able to take care of themselves and their families for the first 72 hours after an earthquake when fire and police services will be severely limited. SAFE is designed to help residents coordinate within their neighborhoods. Call Teri Ledoux at 384-5122 for more information or to schedule a workshop. Mayor Minor stated that he will continue to work on the soap box derby in an effort to provide a permanent track versus closing off a City street. PUBLIC COMMENTS - LARRY SINGLETON (5) Larry Singleton, 687 W. 9th Street, San Bernardino, concern regarding the lack of considerat.ion displayed by Department and legislative body. CA, voiced the Police RECESS MEETING At 9:44 a.m., Mayor Minor declared a ten-minute recess. 5 5/20/1996 RECONVENE MEETING At 9:53 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller; Deputy City Clerk Medina; Assistant City Administrator Wilson. Absent: Council Member Devlin, City Attorney Penman. PUBLIC COMMENTS - RAMONA CASTRO (5) Ramona Castro, 6719 Steven Way, San Bernardino, CA, voiced concern regarding the consolidation of the fire and police dispatch operations and the already prevalent lack of personnel within fire dispatch. COUNCIL MEMBER DEVLIN RETURNED At 9:56 a.m., Council Member Devlin meeting and took his place at the council returned to the Council table. PUBLIC COMMENTS - ROSKO KIDWELL (5) Rosko Kidwell, 522 W. First Street, Rialto, CA, requested that the Mayor and Council issue a proclamation declaring June 2, 1996, as Day of Awareness of Ostomy Support and presented a copy of a proclamation issued by the City of Rialto. Mr. Kidwell will make a free fall parachute jump on June 2nd to draw attention to the many support groups which are available to help those who undergo ostomies. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) 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, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) 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: April 15, 1996. 6 5/20/1996 RES. 96-112 - RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1996-1997; THE ISSUANCE AND SALE OF A 1996-1997 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM. (8) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-112 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE POLICE REDUCTION PLAN DISTRICT (AQMD) DEPARTMENT'S TRIENNIAL EMPLOYEE TRIP SOUTH COAST AIR QUALITY MANAGEMENT - RIDE SHARE (9) Lori Sassoon, Senior Administrative Analyst, Administrator's Office, submitted a Staff Report dated May 9, concerning the Police Department's Triennial Employee Reduction Plan. City 1996, Trip Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Police Department's Triennial Employee Commute Reduction Plan be approved in compliance with South Coast Air Quality Management District Rule 2202. RES. 96-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES (BUILDING ABATEMENTS) . (13) RES. 96-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (14) RES. 96-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (15) RES. 96-116 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ROGER, ANDERSON, MALODY & SCOTT. (16) 7 5/20/1996 RES. 96-117 - RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION PROGRAM. (19) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 96-113, 96-114, 96-115, 96-116 and 96-117 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE APPLICATION & ACCEPTANCE OF GRANT - $230,526.60 - UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) - SUMMER FOOD SERVICE PROGRAM FOR CHILDREN - PARKS, RECREATION & COMMUNITY SERVICES (20) Annie Ramos, Director of Parks, Recreation & Services, submitted a Staff Report dated April 25, 1996, the City's Summer Food Service Program for Children. Community concerning Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Parks, Recreation and Community Services be authorized to apply for and accept a grant in the amount of $230,526.60 from the USDA for the administration of the Summer Food Service Program for Children. RES. 96-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADDING AND DELETING VARIOUS CITY POSITIONS FOR THE PURPOSE OF CODIFYING PRIOR COUNCIL ACTIONS, AND REPEALING RESOLUTION NOS. 6433, SECTION FOUR, AND NO. 95-428. (21) RES. 96-119 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXPRESSING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (22) RES. 96-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION. (23) 8 5/20/1996 RES. 96-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL, FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (25) RES. 96-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE SERIOUS HABITUAL OFFENDER PROJECT ADMINISTERED BY THE OFFICE OF THE CRIMINAL JUSTICE PLANNING - YEAR 4. (26) RES. 96-123 - 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. (Weed Abatements) (27) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 96-118, 96-119, 96-120, 96-121, 96-122 and 96- 123 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. CLAIMS AND PAYROLL (28) 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 May 6, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (29) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated May 9, 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. 96-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SMITH & REYNOLDS EROSION CONTROL, INC., FOR INSTALLATION OF IRRIGATION SYSTEM ALONG TIPPECANOE AVENUE, HARRY SHEPPARD BOULEVARD AND DEL ROSA DRIVE. (30) 9 5/20/1996 RES. 96-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOVEY ELECTRIC, INC. FOR INSTALLATION OF TRAFFIC SIGNALS AT NORTH PARK BOULEVARD AND COYOTE DRIVE. (31) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Resolution Nos. 96-124 and 96-125 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. adopted Curlin, Absent: by the Arias, None. SENIOR ASSISTANT CITY ATTORNEY BA~LOW ARRIVED At 10:01 a.m., Senior Assistant City Attorney Barlow arrived at the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO ANIMAL SHELTER SERVICES. (10) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO ANIMAL SHELTER SERVICES. (11) Concern was expressed regarding the lack of an indemnification clause within said agreements. Debi Biggs, Director of Animal Control, answered questions concerning the expiration date for the current operating agreements with the Cities of Lorna Linda and Colton. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that said resolutions be continued to June 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADOPT FINDINGS OF FACT - STATEMENT OF DECISION - LOMA LINDA TOWING - MARIO GOMEZ & LEO WENZEL (12) Dennis Barlow, Senior Assistant City Attorney, submitted a Staff Report dated May 10, 1996, concerning the Findings of Fact and Statement of Decision relative to Lorna Linda Towing. Robert Ring, Ring & Green, Attorneys At Law, 1900 Avenue of the Stars, Suite 2300, Los Angeles, CA, submitted a letter dated May 20, 1996, and requested that the matter be continued for 30 days to allow Mr. Wenzel an opportunity to address the concerns he has not been allowed to disclose. 10 5/20/1996 Council Member Devlin made a motion, Member Miller, that the Findings of Fact and relative to Mario Gomez and Leo Wenzel dba approved. (Note: The vote was taken after seconded by Council Statement of Decision Lorna Linda Towing be discussion. ) Council Member Oberhelman stated that he would be abstaining from the vote since he was not present at the hearing held on May 6, 1996. Council Member Negrete made a substitute motion, seconded by Council Member Curlin, that the matter be continued to June 17, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow the City Attorney's Office to review Mr. Wenzel's concerns. The substitute motion failed by the following vote: Council Members Negrete, Curlin, Arias. Nays: Council Oberhelman, Devlin, Anderson, Miller. Absent: None. Ayes: Members The original motion failed by the following vote: Ayes: Council Members Devlin, Anderson, Miller. Nays: Council Members Negrete, Curlin, Arias. Abstain: Council Member Oberhelman. Absent: None. A discussion was held concerning the rationale for a continuance. Council Member Curlin made a motion, seconded Member Negrete, that the matter be continued to June the Council Chambers of City Hall, 300 North "D" Bernardino, California. by Council 17, 1996, in Street, San The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Arias. Nays: Council Members Oberhelman, Devlin, Anderson, Miller. Absent: None. Senior Assistant City Attorney Barlow stated that if Council Member Oberhelman was familiar with the backup material, there was no reason why he could not vote. Council Member Devlin made a motion, Member Miller, that the Findings of Fact and relative to Mario Gomez and Leo Wenzel dba approved. seconded by Council Statement of Decision Lorna Linda Towing be The motion carried by the following vote: Members Oberhelman, Devlin, Anderson, Miller. Members Negrete, Curlin, Arias. Absent: None. Ayes: Nays: Council Council SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:16 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. 11 5/20/1996 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER COMMISSIONERS. (Discussed later in the meeting - See Page 23) (17) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF AN IN LIEU FEE FROM THE SEWER FUND TO THE CITY'S GENERAL FUND. (Discussed later in the meeting - See Page 23) (18) Concern was expressed whether the agreements would only be for fiscal year 1995/96. Assistant City Administrator Wilson explained that the agreement states consecutive one-year terms until terminated. It was the desire of the Council that the adoption of said resolutions should in no way preclude the City from negotiating with water and sewer for other services in an effort to aid in the budget-balancing process. It was the consensus of the Mayor and Common Council that the matter be delayed until later in the meeting. ORD. MC-967 - 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. Final (24) A discussion ensued regarding the provisions of the ordinance, the costs associated with such, whether or not studies have been conducted relative to the success of recouping costs and the pros and cons of administering the youth. Council Member Negrete made a motion that said ordinance be adopted with the stipulation that the program be considered a pilot program for a one-year period. City Attorney Penman advised that a separate motion be considered rather than interlineation of the ordinance. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-967 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. 12 5/20/1996 APPROVE CONTRACT CHANGE ORDER NO. THREE AUTHORIZE ADDITIONAL COMPENSATION FOR EXTRA WORK - REMOVE & DISPOSE OF ADDITIONAL CONCRETE, ASPHALT PAVEMENT & FACILITIES - PASSENGER TERMINAL ACCESS ROADS & PARKING FACILITIES - SAN BERNARDINO INTERNATIONAL AIRPORT - CONTRACT INCREASE $36,770 - RIVERSIDE CONSTRUCTION (32) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 2, 1996, concerning additional compensation for extra work performed by Riverside Construction on the passenger terminal access roads and parking facilities located at the San Bernardino International Airport. City Attorney Penman declared a conflict of interest due to the fact that Riverside Construction had made contributions to his campaign and explained that his office does not review change orders. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Three to the contract with Riverside Construction for improvement of access roads and parking facilities for the passenger terminal for the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9283, be approved; to authorize additional compensation to the contractor for extra work in the removal and disposal of additional concrete and asphalt pavement and facilities in or adj acent to the roadway improvements, at a price not to exceed $36,770, from $2,605,276.40 to $2,642,046.40. APPROVE PLAN NO. 9488 - INSTALL TRAFFIC SIGNAL DETECTOR LOOPS - VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS (33) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 7, 1996, concerning the approval of Plan No. 9488 and the authorization to advertise for bids for the installation of traffic signal detector loops at various locations. Director Hardgrave answered questions concerning the services required for the installation of the traffic signal detector loops. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for installation of traffic signal detector loops, at 14 various locations, in accordance with Plan No. 9488, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 13 5/20/1996 PUBLIC HEARING - IMPOSE LIENS BUSINESS REGISTRATION FEES meeting - See Page 20) ON PROPERTY (Discussed - UNCOLLECTED later in the (34) Rachel Clark, City Clerk, submitted a Staff Report dated May 1, 1996, concerning the imposition of liens on various properties for uncollected business registration fees. Mayor Minor opened the hearing. Takeshi Ken Asami, 18101 Von Karman Avenue #650, Irvine, CA, Twinland Corporation, submitted a letter dated May 15, 1996, and stated that his firm has paid for the business registration for the property located at 424 E. Airport Drive. Patrick English, 35158 Yucaipa Boulevard, Yucaipa, CA, suggested that a partnership be entered into with the County Tax Collectors Office for notifying absentee owners (at their appropriate address rather than property address) of the City's requirement to obtain a business registration for rental property. In addition, he recommended that a partnership be made with the escrow and title companies to provide notification of the requirement. It was noted that the City Clerk's Office had received payment for the property located at 424 E. Airport Drive (Mr. Asami) and the property would be administratively removed from the exhibit. RECESS MEETING At 10:44 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10:57 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Sabo; Deputy City Clerk Medina; Economic Development Agency Administrator Steinhaus. Absent: Council Members Arias, Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING - SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY - SPECIAL MEETING At 10:57 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 and special 14 5/20/1996 meeting of the San Bernardino Park Acquisition Financing Authority to order in the Council Chambers 300 North "D" Street, San Bernardino, California. Joint Powers of City Hall, 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, R8, R9, R10, R12, R13 and RS4 will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) Council Member Curlin made a motion, seconded by Council Member Anderson, 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/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council be waived. APPROVE CONTRACT CHANGE ORDER NO. TWO - UPGRADE LIGHTING - RAY GUTIERREZ PARK - CONTRACT INCREASE - BUILDING ENERGY CONSULTANTS SPORTS $7,320 (R5) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 9, 1996, concerning Contract Change Order No. Two with Building Energy Consultants for upgrading of the ball field lighting system at Ray Gutierrez Park. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order No. Two to the contract with Building Energy Consultants for upgrading the ball field lighting at Ray Gutierrez Park, in accordance with Plan No. 9360, be approved to direct the contractor to install a new 400 amp service panel to replace the existing 200 amp service panel, at an increase to the contract price of $7,320, from $65,105 to $72,435. RES. 96-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOPARK ENTERPRISE, INC. FOR INSTALLATION OF STREET SCAPING ON BASE LINE STREET FROM "H" STREET TO "D" STREET. (R6) RES. 96-127 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, PARK LAND AND CONSERVATION BOND ACT OF 1988 FOR THE SAN BERNARDINO BASELINE AREA URBAN FORESTATION AND EDUCATION PROGRAM. (R7) 15 5/20/1996 Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 96-126 following vote: Ayes: Oberhelman, Devlin, Anderson. Members Arias, Miller. and 96-127 were adopted Council Members Negrete, Nays: None. Absent: by the Curlin, Council COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING - SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY - SPECIAL MEETING At this time, the Mayor and Common Council, Community Development Commission took action Development Commission items. acting as the on Community COUNCIL MEMBER MILLER RETURNED At 11:01 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. COUNCIL MEMBER ARIAS RETURNED At 11:03 a.m., Council Member Arias returned to the Council meeting and took her place at the council table. RES. 96-128 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE GRANT OF CERTAIN HOME FUNDS TO BE USED IN CONJUNCTION WITH COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs) FOR THE ACQUISITION AND RESALE OF MOBILE HOMES IN CONNECTION WITH THE MOBILE HOME PARK ACQUISITION PROGRAM OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (See Related Item No. RS3 - Page 17) (RllA) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-128 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. JPA-l RESOLUTION OF THE SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY ESTABLISHING THE TIME AND PLACE OF REGULAR MEETINGS AND AUTHORIZING THE COMMENCEMENT OF OPERATIONS INCLUDING THE EXECUTION OF AGREEMENTS BY THE EXECUTIVE DIRECTOR OF THE AUTHORITY. (RS1) Economic Development Agency Special Counsel Timothy Sabo provided a synopsis of the action taken for the creation of the San Bernardino Park Acquisition Joint Powers Financing Authority and stated that said resolution establishes the date and time for such meetings. 16 5/20/1996 COUNCIL MEMBER ARIAS EXCUSED At 11:13 a.m., Council Member Arias left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. JPA-1 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. COUNCIL MEMBER ARIAS RETURNED At 11:14 a.m., Council Member Arias returned to the Council meeting and took her place at the council table. RES. 96-129 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT NO. 1 TO THE HUD SECTION 108 LOAN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE HARRIS COMPANY, APPROVING CERTAIN CONTRACTS FOR LOAN GUARANTEE ASSISTANCE UNDER HUD SECTION 108 AS AMENDED, AND AUTHORIZING EXECUTION OF NECESSARY DOCUMENTS IN CONNECTION WITH THE PENDING PUBLIC OFFERING OF TRUST CERTIFICATES GUARANTEED UNDER HUD SECTION 108. (RS2) Economic Development Agency Administrator Timothy Steinhaus provided a synopsis of the action taken and the rationale for the six-month extension. Council Member Devlin declared a conflict of interest due to the fact that the Harris Company had contributed to his campaign. Council Member Negrete made a motion, seconded by Council Member Arias, that said resolution be adopted. Resolution No. 96-129 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Abstain: Council Member Devlin. Absent: None. RES. 96-130 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE GRANT OF CERTAIN HOME FUNDS TO BE USED IN CONJUNCTION WITH COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs) FOR THE ACQUISITION AND RESALE OF MOBILE HOMES IN CONNECTION WITH THE MOBILE HOME PARK ACQUISITION PROGRAM OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (See Related Item No. RllA - Page 16 & See Note On Page 18) (RS3) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. 17 5/20/1996 Resolution No. 96-130 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. NOTE: At the time of the meeting, it was not noted that Item No. RS3 was a duplicate of Item No. R11. Consequently, the Mayor and Council took action as if they were separate items. Resolution No. 96-130 has been voided and is so noted on the 1996 resolution log. RECESS MEETING - CLOSED SESSION (RS5) At 11:19 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections. A. Conference with legal pursuant to Government case. counsel existing litigation Code Section 54956.9 (a) : one GAEA Equitus Bernardino. et No. SCV 28589. Corporation. et al. vs. City of San al. - San Bernardino Superior Court Case B. Conference with legal counsel significant exposure to subdivision (b) of Government case. - anticipated litigation - litigation pursuant to Code Section 54956.9: one CLOSED SESSION At 11:19 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Sabo; Deputy City Clerk Medina; Economic Development Agency Administrator Steinhaus. Absent: None. Also present: Development Agency, the Mayor. Lu Barowoj, Project Manager, Economic and Ray Salvador, Administrative Assistant to CITY ATTORNEY PENMAN ARRIVED At 11:45 a.m., City Attorney Penman arrived at the closed session. 18 5/20/1996 CITY ATTORNEY PENMAN EXCUSED At 12:01 p.m., City Attorney Penman left the closed session. ADJOURN CLOSED SESSION At 12:12 p.m., the closed session adjourned to 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. RECONVENE MEETING At 12:13 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. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Sabo; Deputy City Clerk Medina; Economic Development Agency Administrator Stein~aus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING - SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY - SPECIAL MEETING At this time, the Mayor and Common Council, Community Development Commission took action Development Commission items. acting as the on Community RECESS MEETING At 12:16 p.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council and special meeting of the San Bernardino Park Acquisition Joint Powers Financing Authority recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno; Deputy City Clerk Medina; Planning and Building Services Director Boughey. Absent: None. 19 5/20/1996 PUBLIC HEARING DEVELOPMENT CODE & AMENDMENTS - OUTDOOR SALES & DISPLAYS - MUNICIPAL CODE CITY INITIATED (52) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated May 2, 1996, concerning the proposed amendments to the Development and Municipal Codes relative to outdoor sales and displays. Mayor Minor opened the hearing. Director Boughey stated that the proposed amendments would correct the discrepancies between the Development Code requirements in Title 19 and Chapter 5.22 of the Municipal Code relative to outdoor sales and displays and answered questions relative to such. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MISCELLANEOUS SECTIONS OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO OUTDOOR SALES AND DISPLAYS. First (52) AN ORDINANCE CHAPTER 5.22 PERTAINING TO OF THE CITY OF SAN BERNARDINO AMENDING OF THE SAN BERNARDINO MUNICIPAL CODE OUTDOOR SALES AND DISPLAYS. First (52) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed; and that said ordinances be laid over for final adoption. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (Discussed earlier in the meeting - See Page 14) (34) It was noted that earlier in the meeting no final action had been taken on this matter. RES. 96-131 - 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. (34) Council Member Miller made a motion, seconded by Council Member Negrete, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 96-131 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 20 5/20/1996 APPROVE ALLOCATION OF FUNDS - $25,000 - INSTALL CROSSWALK & PEDESTRIAN PUSH BUTTONS - WATERMAN AVENUE & STATE ROUTE 30, EASTBOUND OFF-RAMP (35) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated April 29, 1996, concerning the approval of funds in the amount of $25,000 for the installation of crosswalk and pedestrian push buttons at Waterman Avenue and State Route 30, eastbound off-ramp. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the recommendation from the Traffic Safety Advisory Committee that a pedestrian crossing be provided on Waterman Avenue at the southerly ramps of State Route 30, be accepted; and that the expenditure of $25,000 from Account No. 250-370-5504-1942, "Minor Traffic Improvements - Various Locations," for installation of pedestrian signals and push buttons and painting of a crosswalk be approved. APPROVE TRANSFER OF FUNDS - $19,000 - INSTALL STREET IMPROVEMENTS - KENDALL DRIVE (NORTH SIDE) , DEVIL'S CREEK FLOOD CONTROL CHANNEL FILL-IN EAST OF (36) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 6, 1996, concerning the transfer of funds for installation of fill-in street improvements on Kendall Drive (north side), east of Devil's Creek Flood Control Channel. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the transfer of $19,000, from Account No. 126-000-3405, "Undesignated Reserve," to Account No. 126-369-5504, "Fill-In Street Improvements, Kendall Drive, east of Devil's Creek Flood Control Channel," be approved. AUTHORIZE EXPENDITURE - $7,250 - FINANCE ONE-HALF OF COST - INSTALL SEWER MAIN IN HILL DRIVE, WEST OF THIRD AVENUE - TRACT NO. 14448 (37) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated May 9, 1996, concerning the authorization of an expenditure of funds in the amount of $7,250 to finance one-half of the cost for installation of a sewer main in Hill Drive, west of Third Avenue. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the expenditure of $7,250 from Account No. 132-000-3405, "Undesignated Reserve," to finance one-half of the cost for an approximate 473 feet extension of the sewer main in Hill Drive, to serve the five lots west of Third Avenue, be approved. 21 5/20/1996 RES. 96-132 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED BY SAID CITY, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE AVENUE IN SAID CITY, AND ESTABLISHING MINIMUM SALE PRICE FOR SAID PROPERTY. (38) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-132 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF...," TO ESTABLISH A NO PARKING ANY TIME ZONE ON BELMON'I' AVENUE BETWEEN TWO- HUNDRED FEET EAST OF PALM AVENUE AND SIX HUNDRED FEET EAST OF PALM AVENUE, APPLICABLE TO THE SOUTH SIDE ONLY. (39) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-133 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-134 - 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 WALL AVENUE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH TEMPLE STREET. (40) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-134 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICY FOR SHARED PARKING WITHIN THE CR-2 (DOWNTOWN) LAND USE DISTRICT. (41) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 22 5/20/1996 Resolution No. 96-135 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER COMMISSIONERS. (Discussed earlier in the meeting - See Page 12) (17) RES. 96-137 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF AN IN LIEU FEE FROM THE SEWER FUND TO THE CITY'S GENERAL FUND. (Discussed earlier in the meeting See Page 12) (18) City Attorney Penman stated that his office has made the necessary changes within the Memorandum of Understanding and said resolution to indicate fiscal year 1995/96. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 96-136 and 96-137 were adopted following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias, None. CITY ATTORNEY BRIEF - RALPH M. BROWN ACT (42) James Penman, City Attorney, submitted a Staff Report dated May 9, 1996, requesting that he be allowed time to brief the Mayor and Council concerning the Ralph M. Brown Act. City Attorney Penman briefed the Mayor and Council regarding the provisions of the Ralph M. Brown Act and answered questions relative to such. There was no further action taken on this item. DISCUSS & TAKE POSSIBLE ACTION - ASSESSMENT DISTRICT NO. 994, CITY-WIDE STREET LIGHTING & STREET SWEEPING PROPOSED ADVISORY MEASURE FOR NOVEMBER 1996 PRESIDENTIAL ELECTION - $9 INCREASE (43) Council Member Devlin submitted a Staff Report dated May 10, 1996, requesting that the Mayor and Council place an advisory measure on the November 1996 Presidential Election ballot to determine whether the voters would approve a $9 increase for Assessment District No. 994, City-Wide Street Lighting and Street Sweeping. Council Member Devlin made a Member Oberhelman, and unanimously motion, carried, seconded by Council that the matter be 23 5/20/1996 continued to June 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 96-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ADVANCED RESOURCE MANAGEMENT FOR THE FURNISHING AND DELIVERY OF LIGHTING RETROFIT FOR FIVE CITY FACILITIES, TO BE UTILIZED BY FACILITIES MANAGEMENT IN ACCORDANCE WITH BID SPECIFICATION F96-23. (44) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-138 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. WAIVE FEES $909.50 NATIONAL ASSOCIATION PEOPLE (NAACP) - JUNE USE OF SECCOMBE LAKE FOR THE ADVANCEMENT OF 15, 1996 PARK COLORED (45) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated April 25, 1996, concerning a request from the National Association for the Advancement of Colored People (NAACP) for a waiver of fees in the amount of $909.50 for use of Seccombe Lake Park on June 15, 1996. Cecilia Lowe, Event Coordinator, National Association for the Advancement of Colored People (NAACP), 1505 W. Highland Avenue, Suite 11, San Bernardino, CA, answered questions regarding the event scheduled for June 15, 1996. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the request to waive fees for use of Seccombe Lake Park and pavilion by the National Association for the Advancement of Colored People (NAACP), San Bernardino Branch, in the amount of $909.50, be approved. WAIVE FEES $590 USE OF PERRIS HILL PARK SAN BERNARDINO CITY FIRE FIGHTERS MUSTER TEAM - JUNE 15, 1996 (46) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated April 25, 1996, concerning a request from the San Bernardino City Fire Fighters Muster Team for a waiver of fees in the amount of $590 for use of Perris Hill Park on June 15, 1996. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request to waive fees for use of Perris Hill Park by the San Bernardino City Fire Fighters Muster Team in the amount of $590 be approved. 24 5/20/1996 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY. First (47) Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S ASSEMBLY BILL 2766 DISCRETIONARY FUND PROGRAM FOR THE FOLLOWING PROJECT: HEAVY-DUTY VEHICLE ALTERNATIVE FUEL PROGRAM. (48) Concern was expressed regarding the pursuit of privatizing trash collection and the effect such would have on the utilization of funds. Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-139 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY TO PARTICIPATE WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) IN THE DEPARTMENT OF ENERGY'S CLEAN CITIES PROGRAM. (49) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-140 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZATION TO INITIATE PROCEEDINGS SET PUBLIC HEARING FOR JUNE 17, 1996, AT 10:00 A.M. - INSTALL FILL- IN SIDEWALK - SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY PARKWAY - (Continued from May 6, 1996) (50) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. 25 5/20/1996 RES. 96-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WESTERN NURSE SPECIALISTS FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT, IN ACCORDANCE WITH BID SPECIFICATION F-96-16. (Continued from May 6, 1996) (51) City Attorney Penman explained that the 30-day termination clause had been left out of the original purchase order, however, the matter has now been corrected. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-141 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECONSIDER - CITY INITIATED DEVELOPMENT CODE AMENDMENT NO. 94-07 - FENCE STANDARDS - COUNCIL MEMBER CURLIN (81) Council Member Curlin submitted a Staff Report dated May 14, 1996, requesting that the Mayor and Council reconsider the previous action taken relative to City-wide fence standards. Council Member Curlin made a motion, seconded by Council Member Oberhelman, 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 carried by the following Members Negrete, Curlin, Arias, Oberhelman. Devlin, Anderson, Miller. Absent: None. vote: Nays: Ayes: Council Council Members CITY ATTORNEY PENMAN EXCUSED At 2:46 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Deputy City Attorney Empeno explained that the City needs to advertise for a public hearing. Council Member Negrete made a motion, seconded by Council Member Arias, that a hearing be advertised and held on June 17, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Negrete, Curlin, Arias, Oberhelman, Council Members Devlin, Miller. Absent: None. Ayes: Anderson. Council Nays: 26 5/20/1996 DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:47 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. RES. 96-142 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OUR TOWN RELATING TO THE RETAIL SALE OF CITY SURPLUS GOODS. (S4A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.04.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALE OF SURPLUS CITY PROPERTY. First (S4B) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 9.04.025 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO USE OF THE CITY SEAL. First (S4C) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that said ordinances be laid over for final adoption. The motion carried and Resolution No. 96-142 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. DISCUSS & TAKE POSSIBLE ACTION - BUDGET DELIBERATIONS - FISCAL YEAR 1996/97 - (Continued from May 16, 1996) (AS2) It was the consensus of the Mayor and Council that the matter be continued to 10:00 a.m., Tuesday, May 21, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AUTHORIZE CITY ATTORNEY - ISSUE AMICUS CURIAE BRIEF - IN SUPPORT OF NUNEZ VS. CITY OF SAN DIEGO (NB1) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the City Attorney be directed to join Nunez vs. City of San Diego as an amicus curiae. 27 5/20/1996 ADJOURNMENT (53) At 2:54 p.m., the regular meeting recessed to 10:00 a.m., Tuesday, May 21, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By f.- - ~<./~ S zanna Cor ova eputy City Clerk No. of Items: 68 No. of Hours: 5.15 hrs. 28 5/20/1996