Loading...
HomeMy WebLinkAbout11-18-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 18, 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 8:06 a.m., Monday, November 18, 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, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. City Attorney Penman announced that the following additional cases would be discussed in closed session: GAEA Eouitus Bernardino, et No. SCV 28589; Corporation, et al. vs, Citv of San al. - San Bernardino Superior Court Case People of the State of California vs. Manta Manaoement Corporation - San Bernardino Superior Court Case No. SCV 18157. RECESS MEETING - CLOSED SESSION meeting - pages 4 & 8) At 8:07 a.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed later in the (1) Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Chambers vs. Citv of San Bernardino United States District Court - Central District Case No. 96-284. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 11/18/1996 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. CLOSED SESSION At 8:07 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, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorneys Empeno and Aldstadt and Bonnie Greenleaf, Paralegal, City Attorney's Office, READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Comrr.on Council while the Mayor and Common Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY ALDSTADT EXCUSED At 8:15 a.m., Deputy City Attorney Aldstadt left the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:17 a.m., Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 8:24 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:04 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 following being present: Curlin, Arias, Oberhelman, Penman; City Clerk Rachel Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; City Attorney Clark; City Administrator Shauna Clark. 2 11/18/1996 INVOCATION The invocation was given by phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. APPOINTMENTS There were no appointments during this meeting. (2) PROCLAMATION - NATIONAL FAMILY WEEK - NOVEMBER 23-30, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of November 23-30, 1996 as National Family Week within the City of San Bernardino. Connie Garrett, Home Economist, County of San Bernardino, accepted the proclamation. PRESENTATION - SECOND WARD YOUTH ACCOUNTABILITY BOARD - FIRST PANEL - COUNCIL MEMBER CURLIN (3) Council Member Curlin stated that the Second Ward Youth Accountability Board had the honor of retiring the first established panel which consisted of Stan Mclnyre, Mary Ramos, Luis Lopez and Glen Brown. Each panel member will be receiving his/her award in the mail. Council Member Curlin expressed appreciation on behalf of himself, the Council and the Mayor for their dedicated service. 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 Josie Soria William Shearer Jess Campos Oscar Perrier Attorney's Office Facilities Management Fire Parks, Recreation & Community Svcs. Parks, Recreation & Community Svcs. Police Police Police Police John Tucker Clayton Smith Janice Bean Joyce McDonald Patricia Gantes-Kostiw 3 Years of Service 5 year pin 25 year pin 20 year pin 25 year pin 25 year pin 5 year pin 5 year pin 25 year pin 25 year pin 11/18/1996 Arturo Munoz Irvin Robinson Harold Phillips Public Services Public Services Public Works/Engineering 25 year pin 25 year pin 25 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias stated that she had the pleasure of attending the joint conference with the City and County of San Bernardino and complimented the organization for doing an outstanding job. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman stated that he had the pleasure of attending the fund-raising basketball game against the San Bernardino Professional Fire Fighters Union 891 and the Hollywood Knights. The proceeds will be donated to the Burn Ward. ANNOUNCEMENT CLOSED SESSION (Discussed later in the meeting - pages 1 & 8) earlier and (1) City Attorney Penman announced that the Council unanimously voted to appeal the decision of the trial judge of the Fourth District Court of Appeals relative to: People of the State of California vs. Manta Manaqement Corporation San Bernardino Superior Court Case No. SCV 18157. PUBLIC COMMENTS - BRIAN PLANT (5) Brian Plant, a resident of San Bernardino, suggested that an accountability board be established to investigate civil servants. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, thanked the citizens of San Bernardino who voted in support of Measure "E" which allows the Mayor to have veto power over Community Development Commission items. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (4) Council Member Curlin clarified his position in that he personally did not register a complaint to the State of California Bar Association against City Attorney Penman. 4 11/18/1996 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman 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 Mayor and Common Council be waived. CLAIMS AND PAYROLL (7) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously car,-ied, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated November 4, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated November 7, 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. APPROVE PLAN NO. 9591 - STREET IMPROVEMENTS DRIVE AT LITTLEFIELD/SHULTIS PARK ADVERTISEMENT FOR BIDS - KENDALL AUTHORIZE (9) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 30, 1996, concerning street improvements on Kendall Drive at Littlefield/Shultis Park. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for installation of street improvements on Kendall Drive at Littlefield/Shultis Park, in accordance with Plan No. 9591, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9459 PAVEMENT TIPPECANOE AVENUE, FROM ROUTE 1-10 TO AUTHORIZE ADVERTISEMENT FOR BIDS REHABILITATION HOSPITALITY LANE - (10) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 24, 1996, concerning the rehabilitation of pavement on Tippecanoe Avenue, from Route 1-10 to Hospitality Lane. Van Tarver, Senior Vice President, Thrifty Oil Co., 10000 Lakewood Boulevard, Downey, CA, submitted a letter dated November 14, 1996, addressing his concerns regarding the proposed rehabilitation of pavement on Tippecanoe Avenue. 5 11/18/1996 Cynthia Ludvigsen, Attorney At Law, 398 W. 4th Street, Suite 203, San Bernardino, CA, representing In-N-Out Burger, submitted letters dated November 14 and 18, 1996, outlining her client's concerns regarding the proposed project. City Attorney Penman explained that the negative declaration has to be considered in conjunction with this item; therefore, the matter should be continued. Fred Encinas, Director of Real Estate, In-N-Out Burger, 13502 Hamburger Lane, Baldwin Park, CA, stated that their concerns relate to the median within the proposed project. The following individuals (although they did not speak before the Mayor and Council) submitted speakers' request forms asking the Council to deny the proposed project: Don Bollinger, 223 W. Foothill, C~aremont, CA. Mark Lamoureux, MSL Engineering, Inc., 402 W. Arrow Highway, Suite 4, San Dimas, CA. David Rose, Thrifty Oil Co., 10000 Lakewood Boulevard, Downey, CA. Steve Sasaki, WPA Traffic Engineering, Inc., 23421 South Pointe Drive, Suite 190, Laguna Hills, CA. Pete Stratz, 3200 E. Inland Empire, Ontario, CA. Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Council meeting of January 27, 1997. PUBLIC HEARING PER PARCEL TAX POLICE & PROTECTION - SPECIAL MUNICIPAL ELECTION - MARCH 18, FIRE 1997 (17) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL APPROVED BY 2/3 OF THE VOTERS. First (17) RES. 96-352 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE VOTERS A SPECIAL TAX FOR POLICE AND FIRE PROTECTION. (SlA) 6 11/18/1996 RES. 96-353 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE CITY FOR MARCH 18, 1997, TO PRESENT A SPECIAL POLICE AND FIRE PROTECTION TAX TO THE VOTERS FOR THEIR APPROVAL. (SlB) Petitions with signatures of 239 city residents were submitted in support of the proposed police and fire protection tax. Mayor Minor explained the purpose for the special election for the imposition of a tax for police and fire protection. City Attorney Penman read the contents of the proposed ordinance which establishes a special tax for police and fire protection and safeguards for the proper use of said funds and answered questions relative to such. Mayor Minor opened the hearing. The following individuals expressed support for the imposition of a special tax for police and fire protection: Lloyd Roberts, 794 Mockingbird Lane, San Bernardino, CA. David Schulze, President, East Inland Empire Association of Realtors, 1798 North "D" Street, San Bernardino, CA. Esther Estrada, 531 Tia Juana, San Bernardino, CA. Duke Hill, 1752 Lomas Privadas, San Bernardino, CA. Ann Atkinson, 1355 South "E" Street, San Bernardino, CA. Carl Clemons, 1940 Base Line Street, San Bernardino, CA. B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA. William Bopf, Executive Director of the Inland Valley Development Agency, 5280 Little Mountain Drive, San Bernardino, CA. Freddie Spellacy, Neighborhood Cluster Association, Waterman Avenue, San Bernardino, CA. 2724 Catherine Meister, Board of Directors, San Bernardino, CA. Baseline Area Business Association Bernardino Area Chamber of Commerce, and San Ruben Lopez, 631 W. 16th Street, San Bernardino, CA. Stewart Cumming, 4377 N. Christy, San Bernardino, CA. Don Strimpel, Northern Gateway Business Association. 7 11/18/1996 Richard Lewis, a resident of San Bernardino, CA. Jim Keller, 749 E. Ralston, San Bernardino, CA. San Bernardino Police Chief Lee Dean. Ralph Hernandez, a resident of San Bernardino, expressed concern regarding the negative impact the proposed tax would have on low-income residents within the city. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be closed; that said ordinance be laid over for final adoption; and that said resolutions be adopted. (Note: The vote was taken after discussion.) City Clerk Rachel Clark announced that the filing deadline to register arguments for or against said proposition is Monday, December 2, 1996, at 5:30 p.m. and the deadline for rebuttals would be December 9, 1996, at 5:30 p.m. City Attorney Penman stated that unless utilization of funds is specifically addressed within the ordinance, the funds cannot be used for any other purpose. He noted that whether or not the proposed measure is adopted, the Street Sweeping and Street Lighting Assessment District No. 994 will terminate. The motion carried and Resolution Nos. 96-352 and 96-353 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RECESS MEETING At 10:36 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 42 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; Senior Assistant City At torney Carlyle; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Miller. ANNOUNCEMENT - CLOSED SESSION (Discussed earlier meeting - pages 1 & 4) in the (1) Council Member Curlin changed his vote from an affirmative to a nay on the matter of filing an appeal concerning: People of the 8 11/18/1996 State of California vs. Manta Manaoement Corporation San Bernardino Superior Court Case No. SCV 18157. PUBLIC HEARING ACQUIRE REAL PROPERTY PUBLIC CONVENIENCE & NECESSITY - ORANGE SHOW ROAD ALIGNMENT - PUBLIC WORKS/ENGINEERING (11) Roger Hardgrave, Director of Public submitted a Staff Report dated October 24, alignment of Orange Show Road. Works/Engineering, 1996, concerning the Mayor Minor opened the hearing. Director Hardgrave stated that the parcel is required for the extension of Orange Show Road and the purpose of the public hearing is to determine whether the project is planned or located in the manner most compatible with the greatest public good and the least private injury and whether the property sought to be acquired is necessary for the project. RES. 96-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO. (11) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the public hearing relative to the necessity of acquiring real property (Hubbs) for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be closed; and that said resolution be adopted. The motion carried and Resolution No. 96-354 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. PUBLIC HEARING IMPOSE LIENS REAL UNCOLLECTED BUSINESS REGISTRATION FEES PROPERTY (12) Rachel Clark, City Clerk, submitted a Staff Report dated November 18, 1996, requesting authorization to impose liens on real property located within the city for uncollected business registration fees. Mayor Minor opened the hearing. 9 11/18/1996 RES. 96-355 - 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. (12) Council Member Curlin made a motion, seconded by Council Member Anderson, 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. 96-355 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 10:47 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3749 1347 WEST OAK STREET JAIME ROSSO (Continued from November 4, 1996) (13) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 13, 1996, concerning the property located at 1347 West Oak Street, San Bernardino, CA. Mayor Minor opened the hearing. Code Compliance Manager Bill Skiles provided a synopsis of the action taken relative to the property located at 1347 West Oak Street. COUNCIL MEMBER MILLER RETURNED At 10:48 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Jaime Rosso, P. O. Box 3665, San Bernardino, CA, requested that the administrative fees be waived since he has complied with all of the city requirements. Council Member Devlin made a motion, Member Anderson, and unanimously carried, closed. seconded by Council that the hearing be Council Member Miller made a motion, seconded by Council Member Devlin, that the Mayor and Common Council deny the appeal and uphold the findings of the Board of Building Commissioners' hearing held on September 5, 1996. 10 11/18/1996 The motion carried by the following vote: Members Curlin, Oberhelman, Devlin, Anderson, Council Members Negrete, Arias. Absent: None. Ayes: Miller. Council Nays: ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:02 a.m., Economic Development Agency Special Counsel Sabo arrived at the Council meeting. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 11: 02 a. m., City Administrator Shauna Clark left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11: 02 a. m., Chairman Minor called 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 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. COUNCIL MEMBER OBERHELMAN EXCUSED At 11:02 a.m., Council Member Oberhelman left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances 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. INSTALL CENTRALIZED THERMOSTAT WITH SENSORS - 10 STATIONS - ENERGY MANAGEMENT SYSTEM - PLAN NO. 9592 - BOYS AND GIRLS CLUB - AUTHORIZE ADVERTISEMENT FOR BIDS (R5) Roger submitted a installation Club. Hardgrave, Director of Public Works/Engineering, Staff Report dated November 12, 1996, concerning the of an energy management system at the Boys and Girls Council Member Miller made a Member Anderson, and unanimously motion, carried, seconded that the by Council plans for 11 11/18/1996 installation of an energy management system for the Boys and Girls Club, in accordance with Plan No. 9592, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9594 - RESURFACE PARKING LOT - BOYS AND GIRLS CLUB - AUTHORIZE ADVERTISEMENT FOR BIDS (R6) Roger submitted a resurfacing Hardgrave, Director of Public Works/Engineering, Staff Report dated November 12, 1996, concerning the of the Boys and Girls Club parking lot. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for resurfacing the parking lot at the Boys and Girls Club, in accordance with Plan No. 9594, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RECESS MEETING At 11:40 a.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 2:02 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 following being present: Curlin, Arias, Oberhelman, Attorney Empeno; City Clerk Clark. Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; Deputy City Rachel Clark; City Administrator Shauna DETERMINE PUBLIC CONVENIENCE OR NECESSITY - ISSUANCE OF A TYPE 20 LIQUOR LICENSE - DAIRY COUNTRY STORE - 869 E. RIALTO AVENUE - (Discussed later in the meeting - page 14) (26) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated November 5, 1996, requesting a determination as to whether public convenience or necessity would be served in the issuance of a Type 20 liquor license for the Dairy Country Store located at 869 E. Rialto Avenue. Planning and Building Services Director Hays explained that the Dairy Country Store's license had just expired; however, based on the Police Department's recommendation, staff is recommending the denial of the license. 12 11/18/1996 Police Lieutenant Malone answered questions regarding the reporting district used for denial of the request. Deputy City Attorney Empeno explained that the requirement for determination of public convenience or necessity is mandated by the State Department of Alcoholic Beverage Control. Irene Jeanette Rhoades, Avenue, San Bernardino, CA, percentage of liquor sales. Dairy Country Store, 869 E. Rialto answered questions concerning the Council Member Arias made a motion, seconded by Council Member Anderson, that the Mayor and Common Council deny the request for a determination that the public convenience or necessity is served and direct Planning and Building Services to prepare a letter stating this to the Department of Alcoholic Beverage Control for a Type 20 liquor license for the Dairy Country Store located at 869 E. Rialto Avenue. The motion failed by the followIng vote: Ayes: Council Members Curlin, Arias, Anderson. Nays: Council Members Negrete, Oberhelman, Devlin, Miller. Absent: None. Council Member Miller made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve the request for a determination that the public convenience or necessity is served and direct Planning and Building Services to prepare a letter stating this to the Department of Alcoholic Beverage Control for a Type 20 liquor license for the Dairy Country Store located at 869 E. Rialto Avenue, with the conditions that no single cans of beer can be sold, that the size of wine sold must be 750 ml or more, that no loitering in and around the location will be permitted; and that the license be reviewed within six months in order to consider approval of the matter on June 2, 1997. The motion failed by the following vote: Members Negrete, Oberhelman, Miller. Nays: Curlin, Arias, Devlin, Anderson. Absent: None. Ayes: Council Council Members PUBLIC HEARING GENERAL PLAN A.."lENDMENT NO. 96 - 09 CHANGE LAND USE DESIGNATION O:P, OFFICE INDUSTRIAL PARK, TO CG-1, COMMERCIAL GENERAL -- 1.66 ACRES LOCATED AT 333 SOUTH WATERMAN AVENUE (27) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated October 30, 1996, concerning General Plan Amendment No. 96-09 to change the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General, on 1.66 acres located at 333 S. Waterman Avenue. Mayor Minor opened the hearing. 13 11/18/1996 Planning and Building Services Director Hays provided a synopsis of the action taken relative to General Plan Amendment No. 96-09. Concern was expressed regarding the Planning Commission's statement that they felt approval of the matter would be considered spot zoning. Deputy City Attorney Empeno explained that there is valid discretion on the part of the Council if they wish to approve the application. RES. 96-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-09 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (27) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 96-09. The motion carried and Resolution No. 96-356 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - ISSUANCE OF A TYPE 20 LIQUOR LICENSE - DAIRY COUNTRY STORE - 869 E. RIALTO AVENUE - (Discussed earlier in the meeting - page 12) (26) A discussion was held concerning the imposition of a time restriction on the sale of alcoholic beverages. Deputy City Attorney Empeno advised the Council that a restriction could be placed on the hours of business operation; however, a time restriction cannot be placed on the hours of sale. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council approve the request for a determination that the public convenience or necessity is served and direct Planning and Building Services to prepare a letter stating this to the Department of Alcoholic Beverage Control for a Type 20 liquor license for the Dairy Country Store located at 869 E. Rialto Avenue, with the conditions that no single cans of beer can be sold, that the size of wine sold must be 750 ml or more, that no loitering in and around the location will be permitted, that the hours of operation be limited to 7:30 a.m. through 8:00 p.m.; and that the license be reviewed within six months so that the Police Department can study crime conditions in the area and the matter be considered at the June 2, 1997, Council meeting. 14 11/18/1996 The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Miller. Members Curlin, Arias, Anderson. Absent: None. Ayes: Nays: Council Council DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:46 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3814 - 1048 CONGRESS - MARIE ROMANO-MYERS (14) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 8, 1996, concerning the property located at 1048 Congress, San Bernardino, CA. Code Compliance Manager Skiles stated that because the hearing was delayed from this morning, the owner requested a continuance to December 16, 1996. Council Member Oberhelman made a notion, seconded Member Anderson, and unanimously carried, that the continued to the Mayor and Council meeting of December by Council matter be 16, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3778 - 1680 WEST 27TH STREET - FRANCISCO GUTIERREZ (15) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated October 30, 1996, concerning the property located at 1680 W. 27th Street, San Bernardino, CA. Code Compliance Manager Skiles stated that because the hearing was delayed from this morning, the owner requested a continuance to December 2, 1996. Council Member Oberhelman made a motion, seconded Member Anderson, and unanimously carried, that the continued to the Mayor and Council meeting of December by Council matter be 2, 1996. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3755 - 147 E. 5TH STREET - MUHAMMAD YUNIS (16) Bill Skiles, Code Compliance Manager, submitted a Staff Report dated November 7, 1996, concerning the property located at 147 E. 5th Street, San Bernardino, CA. Mayor Minor opened the hearing. Code Compliance Manager Skiles provided a synopsis of the action taken relative to the property located at 147 E. 5th Street. 15 11/18/1996 Muhammad Yunis, P. O. Box 1029, Twin Peaks, CA, requested that he be granted a refund of the $75 appeal fee and that the Mayor and Council deny the Board of Building Commissioners' Order No. 3755 because he did not receive proper notification. Code Compliance Manager Skiles answered questions concerning the notification process. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed; that the Mayor and Common Council grant the appeal in part, and revoke the Board of Building Commissioners' Order No. 3755, and waive associated costs incurred in the amount of $493.97; and that the Mayor and Common Council deny that portion of the appeal relating to prior orders and prior incurred costs and accrued interest in the amount of $909.65 owed to the city. APPROVE CHANGE ORDER NO. THREE - PHASE IV - NORTHWEST INTERCEPTOR SEWER - AUTHORIZE PAYMENT OF $31,023.60 AS SETTLEMENT - UTAH PACIFIC CONSTRUCTION (18) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated October 28, 1996, concerning Contract Change Order No. Three for the contract with Utah Pacific Construction. City Administrator Shauna Clark recommended that the matter be approved and she would provide a commitment in memo form as to how the city will proceed with reimbursement from Caltrans, Muscoy Water Department and the San Bernardino Water Department. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Change Order No. Three to the contract with Utah Pacific Construction for construction of Phase IV of the northwest interceptor sewer from Medical Center Drive and 16th Street to California Street and Porter Street, in accordance with Plan No. 9195, be approved; to authorize payment of $31,023.60 as a settlement of all claims filed by the contractor. RES. 96-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15652, LOCATED ON THE SOUTH SIDE OF MILL STREET AT THE NORTHEAST CORNER OF ESPERANZA STREET AND DALLAS AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (19) Council Member Miller made a mction, seconded by Council Member Anderson, that said resolution be adopted. 16 11/18/1996 Resolution No. 96-357 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. FEE WAIVER - YOUNG MENS CHRISTIAN ASSOCIATION 1996 CHILDREN'S CHRISTMAS PARADE - $4,942.05 - FUND (YMCA) AREA TAX (20) Shauna Clark, City Administrator, submitted a Staff Report dated November 7, 1996, concerning a request from the Young Mens Christian Association (YMCA) for a waiver of fees in the amount of $4,942.05 for the conduct of their 1996 Children's Christmas Parade to be held on December 7, 1996. Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that the request for a waiver of fees in the amount of $4,942.05 for the conduct of the 1996 Young Mens Christian Association Children's Christmas Parade, to be held on December 7, 1996, be approved; and that the departments be compensated through the Area Tax Fund. REINSTATE POSITION ADMINISTRATIVE ASSISTANT TO THE COUNCIL (U) - COUNCIL OFFICE (21) Philip Arvizo, Executive Assistant to the Council, submitted a Staff Report dated November 8, 1996, concerning the reinstatement of the Administrative Assistant to the Council position within the Council Office. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the establishment of the Administrative Assistant to the Council (U), Range 4410, $3,431-$4,170/month, be approved; that the Personnel Department be directed to update Resolution No. 6413, Section 14, and Resolution No. 96-118 to reflect this particular action; and that the Finance Department be authorized to increase the Economic Development Agency Reimbursement Account (001-000-4670) by $30,000 and increase the Council Office budget appropriation for salary and benefits by $30,000. RES. 96-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO REMOVING THE TWO HOUR RESTRICTION ON A PORTION OF PARKING IN THE EASTERN PARKING LOT OF THE FELDHEYM LIBRARY. (22) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-358 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 17 11/18/1996 RES. 96-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FACILITIES MANAGEMENT DIVISION. (23) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-359 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.05 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPROVAL OF BUDGET TRANSFERS. First (24) Council Member Miller made a motion, seconded Member Anderson, that said ordinance be laid over adoption. (Note: There was no vote taken.) by Council for final Concern was expressed regarding the latitude the proposed ordinance would grant and the effect it would have on the budget process. A discussion was held concerning the current budget transfer process in that numerous transfers can be made which amount to $25,000+. Council Member Miller amended her ~otion, seconded by Council Member Anderson, that said ordinance be laid over for final adoption with the following amendments: page one, line nine - substitute the word "may" with "shall" and include, "that cumulative totals of not more than $25,000 per account be authorized without council approval." (Note: There was no vote taken. ) Council Member Miller made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption with the following amendments: page one, line nine, "... shall be approved or disapproved according to established Finance policies and procedures and on forms approved by the Finance Department, and with notice to the Director of Finance and with written notice to the Mayor and Common Council, as long as...." RES. 96-360 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR A DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM. (Continued from October 7, 1996) (25) 18 11/18/1996 Police Lieutenant Neigel explained that he is the supervising lieutenant over the Drug Awareness Resistance Education (DARE) program and introduced Jimmi Mitchell. Jimmi Mitchell, Coordinator, Substance Abuse Bernardino City Unified School District, stated that was made of the DARE program and introduced Ms. Independent Contractor, who conducted the study. Program, San an assessment Julie Miles, Ms. Miles provided a synopsis of the assessment made and answered questions regarding the high level of drug users. CITY CLERK RACHEL CLARK EXCUSED At 3:59 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Medina. A discussion ensued regarding the positive effects of the DARE program. Police Officer J. T. Turner provided a synopsis of the DARE program achievements. Council Member Oberhelman made a ~otion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-360 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent:: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO VISION COMMUNICATION SERVICES, INC., FOR THE FURNISHING AND DELIVERY OF THE UPGRADE AND INSTALLATION OF THE NEAX TELEPHONE SYSTEM, TO BE UTILIZED BY THE CITY IN ACCORDANCE WITH BID PROPOSAL SPECIFICATION F-97-08. (S2) James Sharer, Facilities Manager, submitted a memorandum dated November 18, 1996, concerning the selection process for the city's new telephone system. Gary Samaha, Vice President of Sales of COM-AID, submitted a letter dated November 14, 1996, opposing the selection of Vision Communication Services, Inc., for the new telephone system. Francis S. Gorman, Executive Vice President of COM-AID, opposed the selection of Vision Communication Services, Inc. because COM-AID was the low, qualified bidder and they were not selected. for the James Sharer, Facilities Manager, explained proposals were requested and COM-AID was not following: 1) general terms were not that five request chosen because of acknowledged; 2) 19 11/18/1996 discrepancies in "service guidelines" ; 3) discrepancy in "prevailing labor rates"; 4) discrepancy in cost of administrative training; and 5) no IVR (interactive voice response) ports in bid. Mr. Sharer explained the technical differences between COM-AID's bid versus the one submitted by Vision Communication Services, Inc., and answered questions regarding the services and equipment to be provided. A discussion was held concerning the future needs of the telecommunication system. John Murphy, Purchasing Manager, explained the differences between a notice inviting bids and specifications for proposals. City Attorney Penman stated that the law does not require the city to give unsuccessful bidders the reasons as to why they were not selected. City Administrator Shauna Clark requested that the matter be continued to the Mayor and Council meeting of December 2, 1996. Council Member Oberhelman made a notion, seconded Member Negrete, and unanimously carried, that the continued to the Mayor and Council meeting of December by Council matter be 2,1996. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF FIVE (5) 1997 FOR~ ALTERNATIVE FUELED CONTOURS THROUGH A COOPERATIVE P~RCHASE AGREEMENT WITH THE CITY OF LOS ANGELES (P.O. H70C13) TO BE UTILIZED BY THE VARIOUS DEPARTMENTS OF THE CI'::'Y OF SAN BERNARDINO. (S3) Council Member Oberhelman made a notion, seconded Member Anderson, and unanimously carried, that the tabled. by Council matter be EXECUTE RIGHT-OF-ENTRY - AUTHORIZE DEPARTMENT RESOURCES - STATE OF CALIFORNIA - BAILEY CREEK, OHIO AVENUE IMPROVEMENT OF WATER SOUTH OF (S4) Roger submitted a improvement Hardgrave, Director of Public Works/Engineering, Staff Report dated November 13, 1996, concerning the of Bailey Creek, south of Ohio Avenue. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor be authorized to execute a right-of-entry across the city parcel, on the southeast corner of Ohio Avenue and Olive Street, to allow the Department of Water Resources to improve Bailey Creek. 20 11/18/1996 ADJOURNMENT (28) At 4:45 p.m., the joint regular meeting adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, December 2, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By +~~J~U4 - uzanna Cordova Deputy Clty Clerk No. of Items: 35 No. of Hours: 6.5 21 11/18/1996