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HomeMy WebLinkAbout10-21-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 21, 1996 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, October 21, 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; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Arias. City Attorney Penman announced that the following additional case would be discussed in closed session: Patrick Forsvthe vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 04753. RECESS MEETING - CLOSED SESSION meeting - pages 16, 19 & 25) At 8:01 a.m., the Mayor and Development Commission recessed following: - (Discussed later in the (1) Common Council and Community to closed session for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Caldwell vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 26026; Leslie Bond vs. Community Development Commission/Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 176373; County of San Bernardino, et al. vs. Citv of San Bernardino, et al. - Riverside Superior Court Case No. 224288, Court of Appeals Case No. E012673 and California Supreme Court Case No. S050179; 1 10/21/1996 Marianne Barklaqe vs, Citv of San Bernardino, et al. United States District Court Case No. CV 94-7753 RSWL. B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Director of Personnel Emolovee Orqanization: San Bernardino Public Employees' Association (SBPEA) General and Mid-Management Units Aqencv Neqotiator: Shauna Clark, City Administrator Emolovee Orqanization: San Bernardino Confidential Management Association (SBCMA) - Management and Confidential Employees CLOSED SESSION At 8:01 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. 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; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Arias. Also present: Senior Assistant City Attorneys Barlow and Carlyle, Deputy City Attorney Aldstadt and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, and outside counsel, Patrick Milligan of Molligan and Beswick, 323 W. Court Street, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regu~ar agenda of the Mayor and Common Council and the regular agenda 0: the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and 2 10/21/1996 Mayor and Common Council while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER ARIAS ARRIVED At 8: 04 a. m., Council Member Arias arrived at the closed session. OUTSIDE COUNSEL MILLIGAN EXCUSED At 8:21 a.m., outside counsel, Patrick Milligan of and Beswick, 323 W. Court Street, San Bernardino, CA, closed session. Milligan left the ADJOURN CLOSED SESSION At 8: 56 a. m., the closed session adj ourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Reverend Andrew Sotelo, Principal, Aquinas High School. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. COUNCIL MEMBER CURLIN EXCUSED At 9:05 a.m., Council Member Curlin left the Council meeting. APPOINTMENT - MAIN STREET ADVISORY BOARD - DAVE DE LILLE - COUNCIL MEMBER NEGRETE (2) Mayor Minor ..submitted a Staff Report dated October 14, 1996, recommending the appointment of Dave DeLille, 20628 Gelman Drive, Riverside, CA, to the Main Street Advisory Board, as requested by Council Member Negrete. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Dave DeLille to the Main Street Advisory Board, as requested by Council Member Negrete, be approved. 3 10/21/1996 PRESENTATION - CITY ATTORNEY'S OFFICE - OFFICIAL TIGER PRESENTED TO SENIOR ASSISTANT CITY ATTORNEY CARLYLE (3) Senior Assistant City Attorney Carlyle was presented the official "City Attorney Tiger" for his execution of a Request for Summary Judgment in the matter of Marianne Barklaqe vs. Citv of San Bernardino. The city won the case on all points, including the dismissal. COUNCIL MEMBER CURLIN RETURNED At 9:07 a.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 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 recognition of their many years of dedicated service to the city: Name Department Years of Service Mike Trout Economic Development 5 year pin Agency Joseph Munoz Fire 15 year pin Ellen Lanto Library 15 year pin Gary Schuelke Police 5 year pin Daniel Clark Police 5 year pin Paul Lentz Police 5 year pin Leo Dooley Police 10 year pin Gregg Wisdom Police 10 year pin Scott Paterson Police 15 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson encouraged everyone to attend the Red Ribbon Kickoff Breakfast at the Nationa~ Orange Show on October 28, 1996, from 7-9:00 a.m. Questions can be addressed by calling 885- 0509. ANNOUNCEMENTS - COUNCIL MEMBERS DEVLIN, ARIAS OBERHELMAN AND (4) Council Members Devlin, Oberhelman and Arias thanked those involved with the Red Ribbon Parade and the Rediscover San Bernardino Community Picnic held on October 19, 1996. 4 10/21/1996 ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin encouraged the residents of the city to vote in the upcoming state-wide November 5 election. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) City Clerk Rachel Clark stated that 26 city employees and family members participated in the Juvenile Diabetes Foundation's "Walk for the Cure" on October 12, 1996, and yielded donations in the amount of $930. ANNOUNCEMENTS - CITY ATTORNEY PEN~~ (4) City Attorney Penman expressed his appreciation for the participants in the Red Ribbon Parade and the Rediscover San Bernardino Community picnic. He also clarified city policy as a result of an article within the Sun Newspaper relative to a proposed tax for police and fire services. Mr. Penman stated that the Mayor has the authority and the responsibility of supervising all departments, and Mayor Minor was within his rights in directing the Finance Director to conduct a study on the services provided by the Fire Department. He further stated that the Council does not have authority over department heads; however, it would be the Council who would determine the language on any ballot measure. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor explained that the Council made a commitment to place the assessment district (Assessment District No. 994) which frees up funds to be utilized for police services on the ballot for voter approval. Since then, the Fire Department has requested that they also be included to establish a safety program. He stated that the Finance Department will cont:nue to conduct a study to substantiate the proposed tax increment. PUBLIC COMMENTS - FRED CORDOVA (5) Fred Cordova, Member of the National Congress of Senior Citizens, Inland Valley East Area, 190 West "E" Street, Colton, CA, stated that he is displeased that the Council decided to cancel the senior olympics and encouraged the Mayor and Council to allocate funds for such in the fiscal year 1997/98 budget. PUBLIC COMMENTS - JIM BURNS (5) Jim Burns, Regional Manager, Southern California Edison (SCE) , announced his retirement and introduced Mr. Ray Gonzales who will be replacing him. Mr. Burns thanked the Mayor, Council and staff for their professional association with SCE. 5 10/21/1996 PUBLIC COMMENTS - RAY GONZALES (5) Ray Gonzales, Regional Manager, Southern California Edison (SCE) , stated that he looks forward to meeting and working with the city, and he is available for any assistance he may be able to provide. PUBLIC COMMENTS - DONNA CONANT (5) Donna Conant, 26245 E. Base Line, Highland, concern and submitted a letter dated October 21, the youth and homeless within the city and allocation of funds to assist in these areas. CA, expressed 1996, regarding encouraged the PUBLIC COMMENTS - MARTIN HUERTA (5) Martin Huerta, 2595 W. Valley, Pomona, CA, voiced concern regarding the billing practices of the Water Department. Mayor Minor referred Mr. Huerta to J. Lorraine Velarde, Executive Assistant to the Mayor. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, Regional Director, Mexican American Political Association, opposed Senate Bill 2112 and the ballot measure on the November 5, 1996 election relative to the Mayor's veto power on Community Development Commission items and expressed concern regarding the political maneuvers in support of such. Mr. Navarro submitted copies of various campaign statements in support of his allegations. PUBLIC COMMENTS - PAT TYLER (5) Pat Tyler, The Book of Acts Church, 7480 Sterling Avenue, San Bernardino, CA, asked for assistance in understanding the welfare reform act so that they can better meet the needs of their parish. Mayor Minor requested that Ms. Tyler leave her name, address and phone number so that information cculd be forwarded to her. COUNCIL MEMBER At 9 : 38 a . m. , meeting. ANDERSON EXCUSED Council Member Anderson left the Council WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council be waived. 6 10/21/1996 COUNCIL MINUTES (7) Council Member Miller made a motion, seconded by Council Member Oberhelman, 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 submi t ted in typewritten form: September 23, 1996. RES. 96-312a - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A TOLLING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TCI CABLEVISION OF CALIFORNIA TO PROVIDE CABLE SERVICE TO THE RESIDENTS OF SAN BERNARDINO. (8) RES. 96-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (lOA) RES. 96-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EVERGREEN SINGERS FOR THE PROMOTICN OF ARTS AND CULTURE. (lOB) RES. 96-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE'S INC., FOR THE PROMOTION OF ARTS AND CULTURE. (10C) RES. 96-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (10n) RES. 96-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. (10E) RES. 96-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (10F) RES. 96-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (lOG) RES. 96-320 - RESOLUTION OF THE AUTHORIZING THE EXECUTION OF AN BERNARDINO CIVIC LIGHT OPERA PROMOTION OF ARTS AND CULTURE. CITY OF SAN BERNARDINO A3REEMENT WITH THE SAN ASSOCIATION FOR THE (10H) 7 10/21/1996 RES. 96-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF ARTS AND CULTURE. (lOr) RES. 96-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (10J) RES. 96-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AK AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS AND CULTURE. (10K) RES. 96-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE PROMOTION OF ARTS AND CULTURE. (10L) RES. 96-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (11) Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 96-312a, 96-313, 96-314, 96-315, 96-316, 96- 317, 96-318, 96-319, 96-320, 96-321, 96-322, 96-323, 96-324 and 96- 325 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. CLAIMS AND PAYROLL (13) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and authorization to issu~ warrants as listed on the memorandum dated October 15, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (14) Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 8, 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. 8 10/21/1996 APPROVE PLAN NO. 9517 - MODIFY TRAFFIC SIGNALS AVENUE & SOUTHERLY RAMPS TO ROUTE 30 ADVERTISEMENT FOR BIDS - WATERMAN AUTHORIZE (18) ,Roger Hardgrave, Director of Public Works/Engineering, submltted a Staff Report dated September 25, 1996, concerning the modification of traffic signals at Waterman Avenue and the southerly ramps to Route 30. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for traffic signal modifications and street improvements at Waterman Avenue and the southerly ramps to Route 30 Freeway, in accordance with Plan No. 9517, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-326 - 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. (9) Council Member Oberhelman made a notion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-326 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Counci: Member Anderson. SET PUBLIC HEARING ESTABLISH DOMESTIC DEPARTMENT - NOVEMBER 4, 1996 @ 10: 0 0 A . M . LIQUID WASTE DISPOSAL FEE WATER (12) Bernard Kersey, General Manager, Water Department, submitted a Staff Report dated October 21, 1996, requesting that November 4, 1996 at 10:00 a.m., be set as the date and time for a public hearing relative to the establishment of a domestic liquid waste disposal fee, The question was raised as to the percentage of property not connected to the city sewer system. Roger Hardgrave, Director of Public Works/Engineering, answered that two percent of the property within the city is not connected to the city sewer system. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that a public hearing be set for November 4, 1996, at 10:00 a.m. for the purpose of setting a fee for domestic liquid waste disposal. 9 10/21/1996 RES. 96-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO STANDARD AGREEMENT, CONTRACT NO. W9 5 7 0 3 2, WI TH THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT NORTH PARK BOULEVARD AND COYOTE DRIVE. (15) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-327 was Ayes: Council Members Negrete, Miller. Nays: None. Absent: adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Counci: Member Anderson. CITY ATTORNEY PENMAN EXCUSED At 9:41 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant C~ty Attorney Barlow. RES. 96-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NEW WEST S=GNAL FOR INSTALLATION OF TRAFFIC SIGNALS AT VICTORIA AVENUE AND CITRUS STREET. (16) A discussion was held concernieg the estimated date of completion for the installation of the traffic signals and the establishment of the fund. Council Member Oberhelman made a rr.otion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-328 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. APPROVE PLAN NOS. 9561, 9562 & 9563 COMMUNITY GARDENS COMPLEX - AUTHORIZE BIDS DEVELOP ANTIL ADVERTISEMENT FOR (17) Roger submitted a development Hardgrave, Staff Report of the Antil Director of Public Works/Engineering, dated September 25, 1996, concerning the Community Gardens Complex. A discussion was held concerning the ownership of the property. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for development of the Antil Community Gardens Complex, in accordance with Plan Nos. 9561, 9562 and 9563 be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 10 10/21/1996 RES. 96-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR ?ISCAL YEAR 1996/97. (19A) RES. 96-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COPS FOR KIDS AT CHRISTMAS RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1996/97. (19B) RES. 96-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PIONEER FIRE COMPANY MUSEUM RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1996/97. (19C) RES. 96-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR THE FINE ARTS RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1996/97. (19D) Council Member Devlin made a mo:::ion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 96-329, 96-330, 96-331 and 96-332 were by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Member Anderson. adopted Curlin, Council FUNDING REQUEST - $27,251 - 1996/97 CIVIC AND FUND 1997 FOURTH OF JULY CELEBRATION RECREATION AND COMMUNITY SERVICES PROMOTION PARKS, (19E) Annie Ramos, Director of Parks, Services, submitted a Staff Report concerning a request for funds in the 1997 Fourth of July celebration. Recreation and Community dated October 10, 1996, amount of $27,251 for the Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the recommendation of the Ways and Means Committee for funding assistance in the amount of $27,251 to cover the costs connected with the 1997 Fourth of July celebration at Seccombe Lake Park be approved. FUNDING REQUEST - $8,000 - 1996/97 CIVIC AND PROMOTION FUND - JUNIOR/INTERMEDIATE POLICE ACADEMY - LYTLE CREEK ELEMENTARY & CURTIS MIDDLE SCHOOLS (19F) 11 10/21/1996 Fred Wilson, Assistant City Adminlstrator, submitted a Staff Report dated October 1, 1996, concerning a request for funds in the amount of $8,000 for the Junior/Intermediate Police Academy. Council Member Devlin made a mction, seconded by Council Member Oberhelman, and unanimously carried, that approval be given for a transfer of funds from the Civic and Promotion Fund to the Junior/Intermediate Police Academy Trust Fund, in the amount of $8,000, for financial assistance to the Junior/Intermediate Police Academy for their operations for fiscal year 1996/97. INCREASE POSITIONS - MANAGEMENT INFORMATION SERVICES - ONE ADDITIONAL PROGRAMMER ANALYST (20) Barbara Dillon, Director of Personnel, submitted a Staff Report dated October 16, 1996, requesting authorization to increase the number of Programmer Analyst positions by one in the Management Information Services Division. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that one (1) position of Programmer Analyst, Range 3428, $3,753-$4,562/month be added; that the Personnel Department be directed to update Resolution No. 6413, Section 12, to reflect this particular action; and that $31,300 be transferred from Account No. 679-251-5502 to 679-251-5011 to fund the establishment of said position. APPROVE CHANGE ORDER NO. ONE - rRILLING OF TWO WATER WELLS - SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT - PLAN NO. 9490 - LAYNE-WESTERN - $25,709.30 (24) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 7, 1996, requesting approval of Change Order No. One to the contract with Layne-Western for the drilling of two water wells at the San Bernardino Trade Center and International Airport in the amount of $25,709.30. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that Change Order No. One to the contract with Layne-Western for drilling two water wells at the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9490, to authorize the drilling of an additional 150 feet for the irrigation well, and increase the casing size from 12 to 14 inches, at the agreed upon price of $25,709.30, from $235,132.00 to $260,841.30, be approved. AUTHORIZE TRANSFER OF FUNDS - $172,500 - IMPROVEMENT OF ARDEN AVENUE (EAST SIDE), ADJACENT TO THE PROPOSED PATTON PARK SOCCER COMPLEX (25) 12 10/21/1996 ,Roger Hardgrave, Director of Public Works/Engineering, submltted a Staff Report dated October 1, 1996, requesting authorization to transfer funds in the amount of $172,500 for the improvement of Arden Avenue (east sidel, adjacent to the proposed Patton Park Soccer Complex. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the transfer of $172,500 from Account No. 129-367-5504-7064, "Widen Rialto Avenue Bridge over East Twin Creek," to Account No. 129-367-5504-7088, "Improvement of Arden Avenue, north of Pacific Street," be approved. AUTHORIZE TRANSFER OF FUNDS - $75,000 - FUND CITY'S SHARE WIDEN STATE STREET GRADE CROSSING, NORTH OF CAJON BOULEVARD - BURLINGTON NORTHERN/SA~TA FE RAILWAY COMPANY (26) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 8, 1996, requesting authorization to transfer funds in the amount of $75,000 for the city's share of the widening of the State Street grade crossing, north of Cajon Boulevard. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $75,000 from Account No, 129-367-5504-6046, "Widen Rialto Avenue Bridge Over East Twin Creek," to Account No. 129-367-5504-7089, "Widen State Street Grade Crossing - Cajon Boulevard, n be approved. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.04.010, 3.04.020, 3.04,060, 3.04.070, 3.04.075, 3.04.080, 3.04.085, 3.04.090, 3.04.100, AND 3.04.115 AND DELETING SECTIONS 2.06.010, 2.06.020, 3.04.030, 3.04.040, 3.04.050, 3.04.110 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING. (Discussed later in the meeting - page 28) First (27) It was the consensus of the Mayor and Council that the matter be discussed later in the meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADOPTING THE UNIFORM FIRE CODE (1994) TOGETHER WITH CALIFORNIA CODE OF REGULATIONS (1995 EDITION), TITLE 24, PART 9, AND APPENDICES I-A, I-B, I-C, II-A, II-B, II-D, II-E, II-F, II-G, II-H, II-I, III-A, lII-AA, III-B, III-BB, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI- F, VI-G INCLUSIVE, AND THE UNIFORM FIRE CODE STANDARD (1994 EDITION) . First (28) 13 10/21/1996 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-333 A RESOLUTION OF '~HE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF WESTERN AVENUE, NORTH OF KENDALL DRIVE, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (29) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-333 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. RES. 96-334 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY). (Continued from October 7, 1996) (30A) RES. 96-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY. (Continued from October 7, 1996) (30B) Mayor Minor explained the causes for which non-binding arbitration would apply and stated that San Bernardino's representation within the San Bernardinc Regional Airport Authority would be three votes. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted. Resolution Nos. 96-334 and 96-335 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. RECESS MEETING At 9:51 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 01 a. m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 14 10/21/1996 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Anderson. PUBLIC HEARING IMPOSE LIENS UNCOLLECTED BUSINESS REGISTRATION in the meeting - pages 24 & 26) REAL PROPERTY FEES (Discussed later (21) Rachel Clark, City Clerk, submitted a Staff Report dated October 3, 1996, requesting authorization to impose liens on real property located within the city for uncollected business registration fees. Mayor Minor opened the hearing. RES. 96-336 - 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. (Discussed later in the meeting - pages 24 & 26) (21) Council Member Devlin made a mo:Cion, seconded by Council Member Miller, 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 heariLg; and that said resolution be adopted. The motion carried and Resolution No. 96-336 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Miller. Nays: None. Absent: Anderson. was adopted by Curlin, Arias, Council Member APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 2693 - 750-752 WEST 4TH STREET - PAUL MASTRO PAOLO (22) Mike Hays, Director of Planning and Building Services, submitted a Staff Report dated October 8, 1996, concerning the Board of Building Commissioners' order for the property located at 750-752 W. 4th Street. Mayor Minor opened the hearing. Joseph Lease, Inspection Services Supervisor, Planning and Building Services, provided a synopsis of the action taken relative to the property located at 750-752 W. 4th Street. Joseph Mastropaolo, 16291 Magellan Lane, Huntington Beach, CA, explained that the property was legally constructed in 1905, and 15 10/21/1996 since 1924 to present, it has been ut~lized as apartments. Mr. Mastropaolo submitted an affidavit dated October 21, 1996, wherein he requested that the city respond within 10 days. If the city requires additional time, the city mllst submit the request in writing. City Attorney Penman stated that the notice of abatement is exempt from the historical provisions, and the city is not required to respond within 10 days. Nonetheless, Mr. Penman requested that the matter be continued in order to further research the city's files. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the matter be continued to the Mayor and Council meeting of November 4, 1996. Council Member Oberhelman removed his second, and the motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Council meeting of November 4, 1996. PUBLIC MEETING PROPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NORTHPARK & MOUNTAIN AREA ASSESSMENT DISTRICT NO. 1019 (23) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 7, 1996, relative to the formation of the Northpark and Mountain Area Landscape Maintenance Assessment District No. 1019. Mayor Minor opened the public meeting. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the public meeting relative to the formation of the NOcthpark and Mountain Area Landscape Maintenance Assessment District (AD 1019), be closed, and protests, if any, be continued to the public hearing set for November 4, 1996. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1, 19 & 25) (1) At 10:25 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 counsel existing litigation pursuant to Government Code Section 54956.9(a): 16 10/21/1996 Caldwell vs, Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 26026; Leslie Bond vs. Community Development Commission/Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 176373; Count v of San Bernardino, et al. vs. Citv of San Bernardino, et al. - Riverside Superior Court Case No. 224288, Court of Appeals Case No. E012673 and California Supreme Court Case No. S050179; Marianne Barklaqe vs. Citv of San Bernardino, et al. United States District Court Case No. CV 94-7753 RSWL; Patrick Forsythe vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 04753. B. Conference with legal counsel significant exposure to subdivision (b) of Government: - anticipated litigation - litigation pursuant to Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 5495E.9. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Director of Personnel Emplovee Orqanization: San Bernardino Public Employees' Association (SBPEA) General and Mid-Management Units Aqencv Neqotiator: Shauna Clark, City Administrator Employee Orqanization: San Bernardino Confidential Management Association (SBCMA) - Management and Confidential Employees CLOSED SESSION At 10:25 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Miller; City Attorney Penman; City 17 10/21/1996 Clerk Rachel Clark; City Administrator Shauna Clark. Council Members Arias, Anderson. Absent: COUNCIL MEMBER ARIAS ARRIVED At 10:31 a.m., Council Member Arias arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE, SENIOR DEPUTY CITY ATTORNEY SIMMONS AND ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED At 10:32 a.m., Senior Assistant City Deputy City Attorney Simmons and Margaret Operations Supervisor, City Attorney's closed session. Attorney Carlyle, Senior Scroggin, Administrative Office, arrived at the PERSONNEL DIRECTOR DILLON ARRIVED At 10:33 a.m., Personnel Director Dillon arrived at the closed session. SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 10:40 a.m., Senior Deputy City Attorney Simmons left the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS ARRIVED At 10:48 a.m., Economic Development Agency Administrator Steinhaus arrived at the closed sessior. ECONOMIC DEVELOPMENT AGENCY ADMIN:STRATOR STEINHAUS AND PERSONNEL DIRECTOR DILLON EXCUSED At 10:52 a.m., Economic Development Agency Administrator Steinhaus and Personnel Director Dillor left the closed session. ADJOURN CLOSED SESSION At 11: 00 a. m., the closed session adj ourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall. RECONVENE MEETING At 11: 00 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman and Economic Development Agency Special Counsel Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Steinhaus. Absent: Council Member Anderson. 18 10/21/1996 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/Sk~ BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY 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/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council to order. JOINT PARK JOINT NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that full reading of the resolutions on the regular agenda 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. CLOSED SESSION ANNOUNCEMENT (Discussed earlier and later in the meeting - pages 1, 16 & 25) (1) City Attorney Penman announced that the following additional case had been discussed in closed session: Thomas Williams vs. Citv of SCln Bernardino San Bernardino Superior Court Case No. SCV 33078. PUBLIC HEARING 1995-1996 CONSOLIDATED PLAN ANNUAL REPORT HOME INVESTMENT PARTNERSHIP ACT PROGRAM PERFORMANCE REPORT - COMMUNITY DEVELOPMENT BLOCK GRANT PERFORMANCE REPORT - UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) (R10) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated October 16, 1996, concerning the 1995-1996 Consolidated Plan Annual Report, the HOME Investment Partnership Act Program Performance Report and the Community Development Block Grant Performance Report. Mayor Minor opened the hearing. The following individuals thanked the Mayor and Council for financial assistance provided to their various organizations: Lois O'Donnell, Obershaw Project and The Children's Fund, 385 N. Arrowhead Avenue, San Bernardino, CA. 19 10/21/1996 Donna Bernardino, Beveridge, Child Care Coordinator, 385 North "D" Street, San Bernardino, County CA. of San The following individuals expressed concern that their organization had not been approved for financial assistance: Marcia Sierra Way, Lewis, Young Womens San Bernardino, CA, Christian Association, 567 N. Richard Lewis, City Fire Department. Tony Mino, Young Street, San Bernardino, Mens CA. Christian Associationl 216 W. 6th Esther Estrada, 531 Tia Juana, San Bernardino, CA, encouraged the Council to utilize federal grant monies more effectively and suggested that a committee be formed to address the upcoming welfare reform. Jenai Morehead, Operation Grace, 1595 E. Art Townsend Drive, San Bernardino, CA, requested that workshops be held to address the reporting requirements after funding is approved. Dorothy Garcia, Home of Neighborly Services, 3660 N. Juniper, San Bernardino, CA, expressed concern that the recommendations of the Community Development Citizens Advisory Committee were not being considered. COUNCIL MEMBER ANDERSON RETURNED At 11: 33 a. m., Council Member Anderson returned to the Council meting and took her place at the counc:l table. Susan Lien, Chairperson, Community Development Citizens Advisory Committee (CDCAC), explained the deliberation process for their funding recommendations and stated that two suggestions made by staff relative to the police grant and code compliance were not submitted by the CDCAC. Skip Kulikoff, President, San Bernardino City Professional Fire Fighters, explained the need for additional fire equipment and urged the Council to consider their request for funding. COUNCIL MEMBER CURLIN EXCUSED At 11:35 a.m., Council Member Curlin left the Council meeting. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Norma Owens, Homeless Services Analyst, Economic Development Agency, explained the Community Development Block Grant (CDBG) allocation process wherein only 15 percent can be used for public 20 10/21/1996 services, which explains why staff's recommendation differs from the committee's recommendation. COUNCIL MEMBER CURLIN RETURNED At 11:40 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Devlin made a motion that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the 1995-1996 Consolidated Plan Annual Report, the HOME Investment Partnership Act Program Performance Report and the Community Development Block Grant Performance Report and authorize staff to submit the final reports to the United States Department of Housing and Urban Development for review and approval; that the Mayor and Common Council approve and adopt staff's and the Community Development Cctizen Advisory Committee's recommendations for mid-year 1996/1997 =ommunity Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the amended Second Year Action Plan component of the Consolidated Plan to the United States Department of Housing and Urban Development; that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the housing and community needs to be addressed in the Third Year Action Plan, for the 1997-1998 program year, of the 1995-1999 Consolidated Plan; and that said resolutions be adopted. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the 1995-1996 Consolidated Plan Annual Report, the HOME Investment Partnership Act Program Performance Report and the Community Development Block Grant Performance Report and authorize staff to submit the final reports to the United States Department of Housing and Urban Development for review and approval; that the Mayor and Common Council approve and adopt staff's and the Community Development Citizen Advisory Committee's recommendations for mid-year 1996/1997 Community Deve.Lopment Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the amended Second Year Action Plan component of the Consolidated Plan to the United States Department of Housing and Urban Development, that the Community Development Citizens Advisory Committee's recommendations in the amount of $63,000 for the public services program be approved and that the balance of $21,864 be allocated as part of the police grant match; that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the housing and community needs to be addressed in the Third Year Action Plan, for the 1997- 1998 program year, of the 1995-1999 Consolidated Plan; that said resolutions be adopted; and that the following stipulation apply to 21 10/21/1996 Item No. R10D: That the City's amended Consolidated Plan be amended to include the recommendations of the Community Development Citizens Advisory Committee in the amount of $63,000 for the public services program and that the balance of $21,864 be allocated as part of the police grant match. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties on the 1995-1996 Consolidated Plan Annual Report, the HOME Investment Partnership Act Program Performance Report and the Community Development Block Grant Performance Report and authorize staff to submit the final reports to the United States Department of Housing and Urban Development for review and approval. RES. 96-337 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN ANNUAL REPORTS IN CONNECTION WITH IMPLEMENTING FEDERAL GRANT PROGRAMS. (RlOB) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-337 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve and adopt staff's and the Community Development Citizen Advisory Committee's recommendations for mid-year 1996/1997 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the amended Second Year Action Plan component of the Consolidated Plan to the United States Department of Housing and Urban Development, that the Community Development Citizens Advisory Committee's recommendations in the amount of $63,000 for the public services program be approved and that the balance of $21,864 be allocated as part of the police grant match. The motion carried by the following Members Negrete, Arias, Oberhelman, MiLLer. Devlin, Anderson. Absent: Council Member vote: Ayes: Nays: Council Curlin. Council Members RES. 96-338 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDED CONSOLIDATED PLAN IN CONNECTION \^lITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAM. (RlOD) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that the City's Amended Consolidated Plan be amended to include the 22 10/21/1996 recommendations of the Community Development Citizens Advisory Committee in the amount of $63,000 for the public services program; and that the balance of $21,864 be allocated as part of the police grant match. (Note: There was no vote taken at this time.) Council Member Negrete withdrew his second on Council Member Oberhelman's motion. The motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Council reconsider the previous action taken to approve and adopt staff's and the Community Development Citizen Advisory Committee's recommendations for mid- year 1996/1997 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the amended Second Year Action Plan component of the Consolidated Plan to the U. S. Department of Housing and Urban Development, that the Community Development Citizens Advisory Committee's recommendations in the amour:t of $63,000 for the public services program be approved and that the balance of $21,864 be allocated as part of the police grant match. (Note: There was no vote taken.) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that the City's Amended Consolidated Plan be amended to include the recommendations of the Community Development Citizens Advisory Committee in the amount of $63,000 for the public services program; and that the balance of $21,864 be allocated as part of the police grant match. The motion carried and Resolution No. 96-338 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Miller. Nays: Council Members Devlin, Anderson. Absent: Council Member Curlin. RES. 96-339 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S AMENDED CONSOLIDATED PLAN. (RlOE) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted; and that the Mayor and Common Council accept comments and views of residents, public agencies and other interested parties o~ the housing and community needs to be addressed in the Third Yea"- Action Plan for the 1997- 1998 program of the 1995-1999 Consolidated Plan. The motion carried and Resolution No. 96-339 was adopted by the following vote: Ayes: Council Members Negrete, Arias, 23 10/21/1996 Oberhelman, Devlin, Anderson, Miller. Council Member Curlin. Nays: None. Absent: Council Member Anderson made a motion, seconded by Council Member Devlin, that the Mayor and Council reconsider the previous action taken to approve and adopt staff's and the Community Development Citizen Advisory Committee's recommendations for mid- year 1996/1997 Community Development Block Grant (CDBG) funded projects and authorize the Mayor to submit these projects as part of the amended Second Year Action Plan component of the Consolidated Plan to the U. S. Depart:nent of Housing and Urban Development, that the Community Development Citizens Advisory Committee's recommendations in the amount of $63,000 for the public services program be approved and that the balance of $21,864 be allocated as part of the police grant match. The motion failed by the following vote: Ayes: Council Members Devlin, Anderson. Nays: Council Members Negrete, Arias, Oberhelman, Miller. Absent: Council l'lember Curlin. Council Member Anderson made a motion, seconded by Council Member Anderson, that the Mayor and Council reconsider the adoption of Resolution No. 96-388, as amended. The motion failed by the following vote: Ayes: Members Devlin, Anderson. Nays: Council Members Negrete, Oberhelman, Miller. Absent: Council Member Curlin. Council Arias! PUBLIC HEARING IMPOSE LIENS REAL PROPERTY UNCOLLECTED BUSINESS REGISTRATION FEES (Discussed earlier and later in the meeting - pages 15 & 26) (21) RES. 96-336 - 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. (Discussed earlier and later in the meeting - pages 15 & 26) (21) Council Member Oberhelman made a notion, seconded by Council Member Negrete, that the Mayor and Council reconsider the previous action taken to close the public hearing; 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 by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: None. Absent: Council Member Curlin. Council Miller. It was the consensus of the Mayor and Council that the matter be discussed later in the meeting. 24 10/21/1996 RECESS MEETING At 12:25 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:00 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Mi~ler; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Negrete. CLOSED SESSION THOMAS WILLIA~S VS. CITY OF SAN BERNARDINO - SAN BERNARDINO SUPERIOR COURT CASE NO. SCV 33078 - ADOPT FINDINGS OF FACT & STATEMENT OF DECISION - (Discussed earlier in the meeting - pages 1, 16 & 19) (NB1) Huston T. Carlyle, submitted a Staff Report Thomas Williams vs. City Jr., Senior Assistant City Attorney, dated October 21, 1996, relative to the of San Bernardino litigation. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter arose subsequent to the posting of the agenda. COUNCIL MEMBER NEGRETE RETURNED At 2:02 p.m., Council Member Negrete returned to the Council meeting and took his place at the council table. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the findings of fact and statement of decision be adopted. NEGOTIATE LEASE WITH E/ONE - DELIVERY OF EIGHT AMBULANCES EMERGENCY TRANSPORT SERVICE FIRE DEPARTMENT EFFECTIVE MAY 1, 1997 (Discussed later in the meeting - page 28) (NB2) Shauna Clark, City Administrator, submitted a Staff Report dated October 21, 1996, concerning the negotiation of a lease with E/One for the delivery of eight ambulances. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter arose subsequent to the posting of the agenda. 25 10/21/1996 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize a committee composed of the Purchasing Agent, the Fleet Maintenance Manager, and a representative of the Fire Department to negotiate a lease with E/One for the delivery of eight ambulances to the City of San Bernardino; contingent upon conformance to the following parameters: 1) The price of each ambulance shall not exceed $83,000. 2) The annual lease payment shall not exceed $160,000. 3) Interest charges shall be approximately six percent per annum. 4) Delivery shall take place prior to April 1, 1997. 5) The term of the lease will be five years, with the appropriate cancellation clauses. 6) The first lease payment will not be due until 1998. 7) The lease will be subject to the approval of the City Attorney; and that the Mayor be authorized to sign the lease agreement. PUBLIC HEARING IMPOSE LIENS UNCOLLECTED BUSINESS REGISTRATION FEES in the meeting - pages 15 & 24) REAL PROPERTY (Discussed earlier (21) RES. 96-336 - 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. (Discussed earlier in the meeting - pages 15 & 24) (21) Council Member Devlin made a mo~ion, seconded by Council Member Negrete, that the Mayor and Council ratify the previous action taken to close the public hearing; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearir.g; and that said resolution be adopted. The motion carried and Resolution No. 96-336 was ratified by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. DETERMINE PUBLIC CONVENIENCE AND NECESSITY LIQUOR LICENSE - EL TIGRE MARKET - 1184 WEST 2ND PLANNING AND BUILDING SERVICES TYPE 20 STREET - (31) Mike Hays, Director of Planning and Building Services, submitted a Staff Report dated October 10, 1996, requesting that a determination be made concerning the issuance of a Type 20 Liquor License for the El Tigre Market located at 1184 W. 2nd Street. Director of Planning and Buildin" Services Hays provided a synopsis of the action taken relative to the Type 20 Liquor License for the El Tigre Market. Council Member Negrete made a motion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common 26 10/21/1996 Council determine that the public convenience or necessity is served and direct the Planning and Building Services Department to prepare and submit a letter of public convenience or necessity to the Department of Alcoholic Beverage Control for a Type 20 Liquor License for El Tigre Market at 1184 W. 2nd Street. REFUND REQUEST $298 - TEMPORARY USE PERMIT (TUP) FEE - PRAISE CHAPEL'S CHRISTIAN FELLOWSHIP CARNIVAL - OCTOBER 5, 1996 (32) Mike Hays, Director of Planning and Building Services, submitted a Staff Report dated October 10, 1996, concerning a refund request in the amount of $298 fer the temporary use permit fee imposed on Praise Chapel's Christian Fellowship for a carnival held on October 5, 1996. Director of Planning and Building Services Hays requested that the matter be tabled. Council Member Oberhelman made a n,otion, seconded by Council Member Curlin, and unanimously carried, that the matter be tabled. CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO - MASTER PLAN - DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) (33) Mike Hays, Director of Planning and Building Services, submitted a Staff Report dated October 10, 1996, requesting direction on the California State University, San Bernardino draft environmental impact report relative to their master plan. Director Hays provided a synopsis of the action taken relative to the California State University, San Bernardino's master plan. Deputy City Attorney Empeno expressed concern regarding the proposed language on the city's commitment for off-site street improvements. Council Member Oberhelman made a ~otion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council direct staff to prepare a let tee for the Mayor's signature outlining the concerns in response to the draft environmental impact report (EIR); and that the Mayor and Common Council meet with the California State University and discuss the issues regarding the city's commitment to providing the financing and construction of the improvements required by the mitigation identified in the draft EIR. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 96 -10 CHANGE LAND USE DESIGNATION - CG-l, COMMERCIAL GENERAL, TO PF, PUBLIC FACILITIES - PIONEER CEMETERY EXPANSION - 7TH STREET & WATERMAN AVENUE - FOUR PARCELS (34) 27 10/21/1996 Mike Hays, Director of Planning and Building Services, submitted a Staff Report dated October 2, 1996, concerning proposed General Plan Amendment No. 96-10 to change the land use designation on four parcels to facilitate the Pioneer Cemetery expansion from CG-1, Commercial General, to PF, Public Facilities. Mayor Minor opened the hearing. Director Hays stated that the proposed amendment would allow the northwest corner of the Pioneer Cemetery to become consistent with its use and would allow for expansion. RES. 96-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-10 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (34) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the Mayor and Comrr.on Council close the public hearing; and adopt said resolution wl:ich approves General plan Amendment No. 96-10. The motion carried and Resolution No. 96-340 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. Nays: None. was adopted by Curlin, Arias, Absent: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:34 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.04.010, 3.04.020, 3.04.060, 3.04.070, 3.04.075, 3.04.080, 3.04.085, 3.04.090, 3.04.100, AND 3.04.115 AND DELETING SECTIONS 2.06.010, 2.06.020, 3.04.030, 3.04.040, 3.04.050, 3.04.110 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING. First (Discussed earlier in the meeting - page 13) (27) Council Member Oberhelman made a motion, seconded Member Curlin, and unanimously carried, that the continued to the Mayor and Council meeting of November by Council matter be 4, 1996. NEGOTIATE LEASE WITH E/ONE - DELIVERY OF EIGHT AMBULANCES EMERGENCY TRANSPORT SERVICE FIRE DEPARTMENT EFFECTIVE MAY 1, 1997 - (Discussed earlier in the meeting - page 25) (NB2) Although the City is in compliance with The Brown Act, as a note of caution, City Attorney Penman advised City Administrator Shauna Clark to place the matter for ratification on the agenda for the meeting of the Mayor and Council on November 4, 1996. 28 10/21/1996 CITY ATTORNEY PENMAN EXCUSED At 2:37 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow and Economic Development Agency Special Counsel Sabo. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:37 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Steinhaus. Council Agency COMMUNITY DEVELOPMENT COMMISSION! SAN BERNARDINO POWERS FINANCING AUTHORITY/S&~ BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 2: 37 p. m., Chairman Minor reconvened the j oint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council. JOINT PARK JOINT At this time, the Mayor and Common Community Development Commission, tJok Development Commission items. Council action acting as the on Community ADJOURNMENT (35) At 4:24 p.m., the joint regular meeting adjourned. The next regular meeting will be held at 8:00 a.m., Monday, November 4, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By zanna Cordova eputy City Clerk No. of Items: 39 No. of Hours: 6.5 29 10/21/1996