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HomeMy WebLinkAbout02-03-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 3, 1997 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 8:03 a.m., Monday, February 3, 1997, 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, Anderson; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Arias, Devlin, Miller. RECESS MEETING - CLOSED SESSION (1&S4) At 8:03 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): Annie Hardv vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 24437; Maxine Rosa vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 26933; Tomas Armendariz vs. Penman. et al. United States District Court Case No. CV 91-5757 CBM (JRx); Michael Caldwell vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 26026; Yousef Saman vs. City of San Bernardino. et al. - United States District Court Case No. CV 93-0448 CBM; Frank E. Wooten vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 27737. 1 2/3/1997 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. Public employee appointment pursuant to Government Code Section 54957: position: Fire Chief. CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Anderson; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: Council Members Arias, Devlin, Miller. Also present: Senior Assistant City Attorney Carlyle, Senior Deputy City Attorney Simmons, Deputy City Attorney Aldstadt, Margaret Scroggin, Administrative Operations Supervisor, and Edna Anderson, Legal Secretary I, City Attorney's Office; and Joe Arias of MacLachlan, Burford & Arias, 560 E. Hospitality Lane, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBERS ARIAS & DEVLIN ARRIVED At 8:06 a.m., Council Members Arias and Devlin arrived at the closed session. COUNCIL MEMBER MILLER ARRIVED At 8:13 a.m., Council Member Miller arrived at the closed session. 2 2/3/1997 SPECIAL COUNSEL JOE ARIAS EXCUSED At 8:17 a.m., Special Counsel Joe Arias of MacLachlan, Burford & Arias, 560 E. Hospitality Lane, San Bernardino, CA, left the closed session. SENIOR DEPUTY At 8: 23 a. m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the DEPUTY CITY ATTORNEY ALDSTADT EXCUSED At 8:27 a.m., Deputy City Attorney Aldstadt left the closed session. ADJOURN CLOSED SESSION At 8:32 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:03 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: Arias, Oberhelman, Devlin, Rachel Clark, Acting City Members Curlin, Anderson. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Miller; City Attorney Penman, City Clerk Administrator Wilson. Absent: Council INVOCATION The invocation was given by Major Russell Fritz of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. ANNOUNCEMENTS - MAYOR MINOR - MOMENT OF SILENCE (4) Mayor Minor Guadalupe Rubio, volunteer worker. requested a husband of moment of silence in honor of Isabel Rubio, the Mayor's Office PRESENTATION - CERTIFIED REVENUE OFFICER CERTIFICATES _ CITY CLERK'S OFFICE - BUSINESS REGISTRATION DIVISION (3) Ray Salvador, Assistant to the Mayor, acknowledged and presented the following employees within the Business Registration Division of the City Clerk's Office a Certified Revenue Officer Certificate presented by the California Municipal Business Tax Association (CMBTA): Cindy Buechter, Roger Davis, Larry Fineman, and Michael Stanley. CMBTA was established to acknowledge its 3 2/3/1997 members who have demonstrated skill, knowledge and experience in the areas of business tax and revenue collection. Cindy Buechter, Roger Davis and Michael Stanley accepted their certificates. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin said hello to his seven-year-old grandson who is confined at home with a full body cast as a result of a snow injury. COUNCIL MEMBER CURLIN RETURNED At 9:05 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4) Ci ty Clerk Rachel registering to vote in February 17, 1997. Clark announced that the upcoming March 18, the deadline for 1997 election is ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman noted that the Sun Newspaper had written an article regarding the San Bernardino Unified School District's reserve of $40,000,000 and clarified that the district and the city are two separate entities. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor provided a synopsis of the action taken relative to the emergency medical transportation service. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 1622 Guthrie, San Bernardino, CA, voiced concern regarding the local war on drugs. COUNCIL MEMBER ANDERSON RETURNED At 9:10 a.m., Council Member Anderson returned to the Council meeting and took her place at the council table. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council responsible Month. Member Anderson commended those individuals who were for the excellent commencement of Black History 4 2/3/1997 . WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a ~otion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: October 21, 1996; November 4, 1996; November 18, 1996. PERSONNEL ACTIONS (8) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 28, 1997, 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 REORGANIZATION FINANCE DEPARTMENT DELETE SENIOR ACCOUNTANT POSITION - ESTABLISH ONE ACCOUNTANT III POSITION CHANGE BARGAINING UNIT FOR ACCOUNTING TECHNICIAN & RETITLE TO ACCOUNTING TECHNICIAN II RETITLE GENERAL UNIT ACCOUNTING TECHNICIAN TO ACCOUNTING TECHINICIAN I RETITLE ACCOUNT CLERK III-PAYROLL POSITION TO PAYROLL TECHNICIAN (9A) Barbara Dillon, Director of Personnel, submitted Report dated January 27, 1997, concerning the reorganization of the Finance Departmer.t. a Staff proposed Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the position of Senior Accountant (vacant), Range 3421, $3,624-$4,405/month be deleted; that one (1) Accountant III position, Range 2400, $3,264- $3,962/month be established; that the bargaining unit for one (1) Accounting Technician position, Range 1330, $2,302-$2,798/month, General Unit, be changed to Range 3330, $2,302-$2,798/month, Confidential Unit, and that said position be retitled to Accounting Technician II; that the General Unit Accounting Technician, Range 1330, $2,302-$2,798/month be retitled to Accounting Technician I, Range 1330, $2,302-$2,798/month; that one (1) Account Clerk III- Payroll position be retitled to Payroll Technician, at the same salary Range 3348, $2,518-$3,061/month; and that the Personnel Department be directed to update Resolution No. 6413, Sections 11, 12 and 14; and Resolution No. 96-118 to reflect this particular action. 5 2/3/1997 APPROVE REORGANIZATION - PLANNING AND BUILDING SERVICES _ DELETE ONE GENERAL BUILDING INSPECTOR & ONE SENIOR BUILDING INSPECTOR POSITION - ESTABLISH TWO BUILDING INSPECTOR II POSITIONS RECLASSIFY GENERAL BUILDING INSPECTOR (MOBILE HOME PARK PROGRAM) TO BUILDING INSPECTOR II - RETITLE GENERAL BUILDING INSPECTOR TO BUILDING INSPECTOR I (9B) Barbara Dillon, Director Report dated January 27, reorganization of the Planning of Personnel, submitted a Staff 1997, concerning the proposed and Building Services Department. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that one (1) General Building Inspector position, Range 1358, $2,647-$3,217/month be deleted; that one (1) Senior Building Inspector, Range 1377, $2,910-$3,537/month be deleted; that two (2) Building Inspector II positions, Range 1368, $2,782-$3,382/month be established; that the General Building Inspector assigned to the Mobile Home Parks Program be reclassified to a Building Inspector II, Range 1368, $2,782-$3,382/month; that the General Building Inspector position be retitled to Building Inspector I, at same salary range, Range 1358, $2,647-$3,217/month; and that the Personnel Department be directed to update Resolution No. 6413, Section 10, and Resolution No. 96-188 to reflect this particular action. APPROVE REORGANIZATION RISK MANAGEMENT DIVISION ESTABLISH PART-TIME LIABILITY CLAIMS SPECIALIST (9C) Barbara Dillon, Director of Personnel, submitted a Staff Report dated January 27, 1997, concerning the establishment of a part-time Liability Claims Specialist within the Risk Management Division of the City Administrator's Office. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the part-time classification of Liability Claims Specialist, Range 1375, $16.62; $17.45; $18.32; $19.24; $20.20/hour be established; and that the Personnel Department be directed to update Resolution No. 6413, Section 13, to reflect this particular action. RES. 97-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 96-381 ENTITLED IN PART "RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE. . . ", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES AND FILING CATEGORIES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUCH FILE CONFLICT OF INTEREST STATEMENTS. (21) Council Member Negrete made a motion, seconded Member Anderson, that said resolution be adopted as incorporate the following changes within Appendix A: by Council amended to Delete one 6 2/3/1997 position of General Building Inspector and add the positions of Building Inspector I and Building Inspector II. The motion carried and Resolution No. 97-23 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (22) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-24 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN INTRA LATA AND LONG DISTANCE TELEPHONE SERVICE CONTRACT TO AT&T, TO BE UTILIZED BY ALL CITY EMPLOYEES IN ACCORDANCE WITH REQUEST SPECIFICATION F 97-11. (23) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-25 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. (Discussed later in the meeting - page 8) (24) Council Member Oberhelman made a motion, seconded by Council Member Arias, that said resolution be adopted. It was noted that a state mandated parking fee of $1.50 will be required upon use of the university's facilities. Resolution No. 97-26 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member Curlin. Absent: None. (Note: The vote was changed later in the meeting, see page 8. ) 7 2/3/1997 APPROVE OUT-OF-STATE TRAVEL - MAY 21-23, 1997 - DETECTIVE JAMES G. VOSS - FORENSIC ENTOMOLOGY COURSE - PENNSYLVANIA STATE UNIVERSITY - UNIVERSITY PARK, PENNSYLVANIA - POLICE DEPARTMENT (25) Lee Dean, Chief of Police, submitted a Staff Report dated January 21, 1997, requesting authorization for out-of-state travel for Detective James G. Voss' attendance at the Forensic Entomology Course to be held in University Park, PA, on May 21-23, 1997. Council Member Anderson made a motion, seconded by Council Member Negrete, and unanimously carried, that approval be given for Detective James G. Voss to attend the Forensic Entomology Course to be held at pennsylvania State University in University Park, Pennsylvania, on May 21-23, 1997. RES. 97-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR TO SIGN REVISED GRANT DEED FOR RECORDATION WITH THE COUNTY OF SAN BERNARDINO RECORDER'S OFFICE. (26) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-27 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD. (Discussed earlier in the meeting - page 7) (24) Council Member Curlin changed his vote from an abstention to a no vote. Resolution No. 97-26 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Curlin. Absent: None. RES. 97-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A LETTER OF INTENT WITH COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH MENTORING SERVICES. (Sl) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. 8 2/3/1997 Resolution No. 97-28 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO BE LICENSED BY THE STATE. (Discussed later in the meeting - page 22) First (S2) Council Member Miller made a motion, Member Anderson, that said ordinance be adoption. seconded laid over by Council for final A discussion was held concerning the purpose for the amendment to include businesses licensed by the state. Council Member Curlin made Council Member Anderson, that Legislative Review Committee. a substitute motion, seconded by the matter be referred to the The substitute motion carried by the following vote: Council Members Negrete, Curlin, Arias, Anderson. Nays: Members Oberhelman, Devlin, Miller. Absent: None. Ayes: Council MEASURE S - TAX - MARCH ATTORNEY QUESTIONS & ANSWERS - POLICE & FIRE SAFETY 18, 1997 SPECIAL ELECTION - REPORT BY CITY (S3) James Penman, January 29, 1997, tax, Measure S. City Attorney, submitted a Staff Report dated concerning the police and fire safety special City Attorney Penman stated that the city cannot advocate for or against a ballot measure; however, there is no legal requirement which prohibits the city from addressing questions relative to such. City Attorney Penman addressed the following questions: Can the city impose a sales tax increase? Can the city impose a tax that is higher for property worth more and lower for property worth less? How will taxes be applied to mobile homes? A discussion ensued concerning whether or not a sunset clause can be placed after a tax has been approved and the circumstances which would allow the imposition of a tax. City Attorney Penman explained the differences between Proposition 13 and Proposition 218. 9 2/3/1997 The following individuals expressed opposition to Measure "S" because they felt the city did not adequately address the formulation and application of the proposed public safety tax: Bob Lien, 1833 Kenwood, San Bernardino, CA. Ralph Hernandez, 2160 Rialto Avenue, San Bernardino, CA. The following individuals expressed support for the passage of the proposed public safety tax, Measure "S": Rabbi Hillel Cohn, 3947 Ironwood Street, San Bernardino, CA. Father Bernardino, Ray CA. Rosales, Our Lady of Guadalupe Church, San Esther Estrada, 531 Tia Juana, San Bernardino, CA. There was no further action taken on this matter. RECESS MEETING At 10:32 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 following being present: Curlin, Arias, Oberhelman, Attorney Empeno, City Clerk Wilson. Absent: None. by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Devlin, Anderson, Miller; Deputy City Rachel Clark, Acting City Administrator PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - PAGE PROPERTY (10) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 25, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. Weldon Page, 2301 E. Santa Fe, Unit 6, Fullerton, CA, owner of parcel number 136-442-35, expressed concern regarding the acquisition of said property and reiterated such in a letter dated January 25, 1997. 10 2/3/1997 RES. 97-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE 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. (PAGE PROPERTY - #07 & #08) . (10) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing relative to the necessity of acquiring real property (Page) 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. 97-29 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - PARKER PROPERTY (11) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE 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. (PARKER PROPERTY - #09). (11) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing relative to the necessity of acquiring real property (Parker) 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. 97-30 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 11 2/3/1997 PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) PROPERTY (12) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-31 - 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. (HUD PROPERTY - #13) (12) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that the hearing relative to the necessity of acquiring real property (HUD) 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. 97-31 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Kays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - SCHMITZ PROPERTY (13) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. 12 2/3/1997 RES. 97-32 - 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. (SCHMITZ PROPERTY - #14 & 15) . (13) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the hearing relative to the necessity of acquiring real property (Schmitz) 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. 97-32 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - SOTO/ARJONA PROPERTY (14) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-33 - 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. (SOTO/ARJONA PROPERTY - #17). (14) Council Member Anderson made a motion, seconded by Council Member Devlin, that the hearing relative to the necessity of acquiring real property (Soto/Arjona) 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. 97-33 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 13 2/3/1997 PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - KENNEDY PROPERTY (15) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-34 - RESOLUTION O~ 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. (KENNEDY PROPERTY - #29). (15) Council Member Miller made a motion, seconded by Council Member Arias, that the hearing rela-::ive to the necessity of acquiring real property (Kennedy) 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. 97-34 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - GREEN PROPERTY (16) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. Daniel Green, 540 E. Pioneer Street, San Bernardino, CA, requested that he be compensated for his fence that was removed for the placement of the sewer and submitted correspondence dated January 1, 15, 30, 31, 1997, relative to such. Deputy City Attorney Empeno advised the Mayor and Council that Mr. Green's concerns were not pertinent to the issue at hand. ..- 14 2/3/1997 RES. 97-35 - 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. (GREEN PROPERTY - #30 & 31) . (16) Council Member Curlin made a motion, seconded by Council Member Miller, that the hearing relative to the necessity of acquiring real property (Green) 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. 97-35 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - ROHR PROPERTY (17) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-36 - 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. (ROHR PROPERTY - #48 & 50). (17) Council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing relative to the necessity of acquiring real property (Rohr) 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. 97-36 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 15 2/3/1997 PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - CAREY PROPERTY (18) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-37 - 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. (CAREY PROPERTY - #49). (lS) Council Member Miller made a motion, seconded by Council Member Oberhelman, that the hearing relative to the necessity of acquiring real property (Carey) 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. 97-37 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - ARELLANES PROPERTY (19) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. David Ricks, Attorney for Frank Arellanes, stated that Mr. Arellanes would not have access to Orange Show Road. Therefore, his concerns conflict with one of the requirements for approval in that it should be determined that the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. Deputy City Attorney Empeno stated that he had spoken to Mr. Ricks, and Mr. Ricks was referring to a dirt road between Norman 16 2/3/1997 Road and Pioneer Street. He advised the Council to proceed with the action before them because both issues will either be resolved or handled through litigation. RES. 97-38 - 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. (ARELLANES PROPERTY - #51 & 52) . (19) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing relative to the necessity of acquiring real property (Arellanes) 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. 97-38 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER ARIAS EXCUSED At 11:03 a.m., Council Member Arias left the Council meeting. PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - AT&T PROPERTY (20) Roger submitted extension Avenue. Hardgrave, Director of Public Works/Engineering, a Staff Report dated January 27, 1997, concerning the of Orange Show Road, from Arrowhead Avenue to Tippecanoe Mayor Minor opened the hearing. No public comments were received. RES. 97-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE 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. (AT&T PROPERTY - #69). (20) Council Member Curlin made a motion, seconded by Council Member Devlin, that the hearing relac:ive to the necessity of acquiring real property (AT&T) for the extension of Orange Show ,- 17 2/3/1997 Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and that said resolution be adopted. The motion carried and Resolution No. 97-39 following vote: Ayes: Council Members Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Arias. was adopted by the Negrete, Curlin, None. Absent: COUNCIL MEMBER ARIAS RETURNED At 11:04 a.m., Council Member Arias returned to the Council meeting and took her place at the council table. ACTING CITY ADMINISTRATOR WILSON EXCUSED At 11:04 a.m., Acting City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:04 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY _ JOINT REGULAR MEETING At 11:05 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/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. 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 ANDERSON EXCUSED At 11:05 a.m., Council Member Anderson left the Council meeting. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council, be waived. 18 2/3/1997 APPROVE PROPOSAL EMPIRE & ASSOCIATES SOCCER COMPLEX - REPORT OF BIDS PATTON PARK (RS1) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated January 30, 1997, concerning the proposed Patton Park Soccer Complex. COUNCIL MEMBER ANDERSON RETURNED At 11:06 a.m., Council Member Anderson returned to the Council meeting and took her place at the council table. Ron Winkler, Director of Development, Agency, provided a synopsis of the bid questions relative to such. Economic Development process and answered COUNCIL MEMBER CURLIN EXCUSED At 11:21 a.m., Council Member Curlin left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 11:23 a.m., Senior Assistant City Attorney Carlyle left the Council meeting and was replaced by City Attorney Penman. Economic Development Agency Special Counsel Sabo answered questions concerning the mutual benefit resolution. City Attorney Penman voiced concern regarding the potential for change orders which can increase the original bid amount. ~ Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the report of bids, for construction of the San Bernardino City-California Youth Soccer Association (C.Y.S.A.) Soccer Complex, be accepted and filed; that the bidding process under the oversight of the City Engineer be ratified as conforming to city policies; that the proposal by Empire & Associates dated January 21, 1997, to assume the contract at the price of $2,873,600 for the base bid and additives and Arden Avenue improvements be approved; and that the City Engineer be authorized to enter into such additional implementation agreement with Empire & Associates as deemed necessary by the City Engineer, providing for a contingency amount not to exceed $95,239 for any soccer complex change orders. RES. 97-40 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF THE PATTON PARK SOCCER COMPLEX AND MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING PUBLIC AND INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH THE PATTON PARK SOCCER COMPLEX. (RS2A) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 19 2/3/1997 ~- Resolution No. 97-40 was ~dopted by the following vote: Ayes: C?uncll Members Negrete, Arlas, Obe~helman, Devlin, Anderson, Mlller. Nays: None. Absent: Council Member Curlin. RECESS MEETING At 12:01 p.m., Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2: 02 p. 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, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-03 _ ALLOW CONTINUED USE OF NON-CONFORMING STRUCTURES & USES OF PROPERTIES - WEST SIDE OF MT. VERNON AVENUE BETWEEN 8TH & 9TH STREETS (27) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated January 16, 1997, concerning Development Code Amendment No. 96-03 to allow the continued use of non-conforming structures and uses of properties located on the west side of Mt. Vernon Avenue between Sth and 9th Streets. Mayor Minor opened the hearing. Director Hays provided a synopsis of the action taken relative to the proposed development code amendment to extend the legal non- conforming status from 12 months to 36 months for parcels abutting the west side of Mt. Vernon Avenue between Sth and 9th Streets. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING NONCONFORMING USES AND STRUCTURES. First (27) Council Member Negrete made a motion, seconded by Council Member Curlin, that the matter be continued to the meeting of the Mayor and Council on February 17, 1997. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Arias. Nays: Council Members Oberhelman, Devlin, Anderson, Miller. Absent: None. 20 2/3/1997 Director Hays recommended the denial of the proposed development code amendment and answered questions relative to such. The following individuals opposed the approval of Development Code Amendment No. 96-03: Ruben Lopez, 631 W. 16th Street, San Bernardino, CA. Eleazar Aguilera, 1334 W. 9th Street, San Bernardino, CA. Graciano Gomez, 1558 N. Waterman Avenue, San Bernardino, CA, and submitted a letter of opposition dated February 3, 1997. Robert Castaneda, a resident of San Bernardino. Gil Navarro, Regional Director, Mexican American Political Association (MAPA), 3243 Arlington Avenue #291, Riverside, CA. Mary Frances Aguilera, Bernardino, CA. 658 N. Mt. Vernon Avenue, San Dr. Elsa Valdez, Mexican American Political Association, 188 Manchester Avenue, San Bernardino, CA. Hector Luna, a resident of San Bernardino. Ruben Martinez, 1332 W. Union, San Bernardino, CA. Father Bernardino, Ray CA. Rosales, Our Lady of Guadalupe Church, San Jennifer McHaney, 863 Mt. Vernon Avenue, San Bernardino, CA. Teresa Esparza, a resident of San Bernardino. Cynthia Flores, a resident of San Bernardino. Veronica Alcala, a resident of San Bernardino. The following individuals recommended the approval of Development Code Amendment No. 96-03: George Beauregard, a resident of San Bernardino. Valerie Pope-Ludlam, a resident of San Bernardino, and answered questions concerning the proposed property use. Kelly Carson. Council Member Miller made a motion, Member Anderson, and unanimously carried, closed. seconded that the by Council hearing be 21 2/3/1997 Director Hays answered questions concerning the application process. Council Member Devlin made a motion, seconded by Council Member Miller, that the Mayor and Council deny the amendment request for Development Code Amendment No. 96-03. The motion carried by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. Mayor Minor instructed the Director of Planning and Building Services to proceed with the demolition of the property located at the southwest corner of the intersection of Mt. Vernon Avenue and Union Street. RECESS MEETING At 3:07 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3: 15 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 Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO BE LICENSED BY THE STATE. (Discussed earlier in the meeting - page 9) First (S2) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that the previous action taken to refer the matter to the Legislative Review Committee be reconsidered. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: None. Abstain: Council Member Curlin. Absent: Council Miller. None. A discussion was held as to whether or not the matter should be referred to the Legislative Review Committee. Council Member Anderson made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption. 22 2/3/1997 The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. RES. 97-41 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOS ANGELES FOR THE LOAN OF ONE TILLERED AERIAL LADDER FIRE TRUCK. (NB1) 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. City Attorney Penman explained that on January 31, 1997, the conditions of use were faxed to his office. Hence, the matter arose after the posting of the agenda. City Clerk Rachel Clark read the title of the resolution into the record. Council Member Miller made a motion, seconded by Council Member Devlin, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 97-41 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ADJOURNMENT (28) At 3:40 p.m. the joint regular meeting adjourned. The next regular meeting will be held at 8:00 a.m., Monday, February 17, 1997, 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: 36 No. of Hours: 5 & 40 mins. 23 2/3/1997