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HomeMy WebLinkAbout01-08-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 8, 1996 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m., Tuesday, January 2, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A quorum not being present, the City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Tuesday, January 2, 1996, and has on file in the Office of the City Clerk an affidavit of posting said Notice of Adjournment which was posted at 8:00 a.m. on Tuesday, January 2, 1996, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council was called to order by Mayor Minor at 8:00 a.m., Monday, January 8, 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, Hernandez, Oberhelman, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Devlin, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:00 a.m., the Mayor and Common session for the following: (1&S3) Council recessed to closed Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Samaan vs. Citv of San Bernardino, et al - United States District Court Case No. CV 93-0448 RAP (RMCx); Gutierrez vs. Georqe Barnett/City of San Bernardino - San Bernardino Superior Court Case No. SCV 16983; Mary Cleveland vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV 14725; 1 1/8/96 Clifford Smith vs. Revnolds/Citv and Aaron Smith vs. Bland/Ci tv San Bernardino Municipal Court Case No. 145956 consolidated with 145957; Western Empire vs. City of San Bernardino San Bernardino Superior Court Case No. 255130; County of San Bernardino. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 224288; Fourth District Court of Appeals Case No. E012673; Supreme Court of the State of California Case No. S050179. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one case. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one case. CLOSED SESSION At 8:00 a.m., Mayor Minor called in the conference room of City Hall, Bernardino, California. the closed session to order 300 North "D" Street, San ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Devlin, Pope-Ludlam. Also present: Senior Assistant City Attorney City Attorney Rhemrev, and Margaret Scroggin, Operations Supervisor, City Attorney's Office. Barlow, Deputy Administrative READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council while the Council was in closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:06 a.m., Deputy City Attorney Rhemrev left the closed session. 2 1/8/96 SENIOR ASSISTANT CITY ATTORNEY MORILLO & SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8: 06 a.m., Senior Assistant City Attorney Morillo and Senior Deputy City Attorney Simmons arrived at the closed session. CITY ADMINISTRATOR SHAUNA CLARK & CITY ATTORNEY PENMAN EXCUSED At 8: 15 a.m., City Administrator Shauna Clark and City Attorney Penman left the closed session. SENIOR DEPUTY At 8:15 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:15 a.m., Deputy City Attorney Empeno arrived at the closed session. ADJOURN CLOSED SESSION At 8:17 a.m., the closed session Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m. in the 300 North "D" Street, San RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Shauna Clark. Absent: Council Members Curlin, Hernandez, Devlin. INVOCATION The invocation was given by Pastor Ernest Dowdy of Church of the Living God. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. 3 1/8/96 APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBER OBERHELMAN - COMMUNITY DEVELOPMENT CITIZENS .~VISORY COMMITTEE PLANNING COMMISSION (2&S1) Mayor Minor submitted Staff Reports dated December 20, 1995, and January 3, 1996, respectively, requesting approval of the following appointments: MAYOR MINOR Community Development Citizens Advisory Committee Barbara Henley COUNCIL MEMBER OBERHELMAN - FOURTH WARD Planning Commission - Larry R. Quiel Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointments requested by Mayor Minor and Council Member Oberhelman, be approved. Barbara Henley and Larry Quiel accepted their certificates of appointment. APPOINTMENT - B. WARREN COCKE - CIVIL SERVICE BOARD - MAYOR MINOR (2A) Mayor Minor submitted a Staff Report dated December 21, 1995, recommending the appointment of B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA, to the Civil Service Board. Mayor Minor requested that the matter be tabled. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of B. Warren Cocke to the Civil Service Board, be tabled. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3) City Attorney Penman announced that he and Mayor Minor had discussed the upcoming court contests relative to the November 7 election results in the Third and Sixth Wards and had made the following decisions: In the election contest regarding the Sixth Ward between Councilwoman Valerie Pope-Ludlam and Councilwoman-elect Betty Anderson, the position of the City would be one of neutrality. 4 1/8/96 In the Third Ward election contest between Councilman Ralph Hernandez and Councilwoman-elect Rita Arias, the decision was made to support Rita Arias in defending the challenge made by Councilman Hernandez, based on the fact that 62 percent of the voters in the Third Ward had voted for Rita Arias. City Attorney Penman added that Charter Section 39 states that the Council may override any directive of the Mayor by five votes. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3A) Council Member Miller stated she wanted to welcome Bishop Gerald Barnes, new bishop for the San Bernardino Diocese, to San Bernardino. CITY ATTORNEY PENMAN EXCUSED At 9:08 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3B) Ci ty Administrator Shauna Clark stated that the Steering Committee responsible for the Police Department Crime Fighting Strategic Plan has conducted 18 group meetings, educating 411 people; and announced that a community meeting would be held on January 11, 1996, at 7:00 p.m. in Gibbs Auditorium, Pacific High School, 1020 Pacific Street, San Bernardino, CA, and invited everyone to come and voice their concerns and ideas for reducing crime. RECESS MEETING At 9:11 a.m., Mayor Minor declared a five-minute recess to allow the TV crew to correct a technical difficulty. RECONVENE MEETING At 9:20 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Cordova, City Administrator Shauna Clark. Absent: Council Members Curlin, Hernandez, Devlin. 5 1/8/96 WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (4) Council Member Negrete made a motion, seconded by Council Member Oberhelman, 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 (5) Council Member Negrete 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 submitted in typewritten form: November 6, 1995. RES. 96 -1 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN " BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (6) Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Council Members None. Absent: No. 96-1 was adopted by the following vote: Negrete, Oberhelman, Pope-Ludlam, Miller. Council Members Curlin, Hernandez, Devlin. Ayes: Nays: CLAIMS AND PAYROLL (7) Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 2, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Negrete made a mction, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 21, 1995, in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 96-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. BARRIOS & ASSOCIATES, INC. FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 953. (9) 6 1/8/96 RES. 96 -3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. BARRIOS & ASSOCIATES, INC. FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 982. (10) RES. 96 -4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TOYO LANDSCAPING COMPANY FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 959. (11) Discussion ensued regarding the maintenance costs and administrative fees for the specified assessment districts and how these figures are computed. Roger Hardgrave, Director of Public Works/City Engineer, explained that the fees vary based on the number of lots and amount of turf, and that the administrative fees are figured on the number of lots in the assessment district. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 96-2, 96-3, and 96-4 were adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez, Devlin. RES. 96 -5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND DAVID EVANS AND ASSOCIATES, INC., FOR PROPERTY ACQUISITION SERVICES FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (13) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Council Members None. Absent: No. 96-5 was adopted by the following vote: Negrete, Oberhelman, Pope-Ludlam, Miller. Council Members Curlin, Hernandez, Devlin. Ayes: Nays: RES. 96-6 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 95- 370, WHICH WOULD HAVE CALLED AND SET AN ELECTION ON CARD ROOMS. (15) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. 7 1/8/96 Resolution Council Members None. Absent: No. 96-6 was adopted by the following vote: Negrete, Oberhelman, Pope-Ludlam, Miller. Council Members Curlin, Hernandez, Devlin. Ayes: Nays: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. (Discussed later in the meeting) (See page 9) (16) Council Member Pope-Ludlam made a motion, seconded Member Negrete, that said resolution be adopted. (Note: no vote taken.) by Council There was Discussion ensued regarding whether the City Attorney's Office had reviewed and signed off on the agreement, questions regarding indemnification and liability, and how much the program would ultimately cost the City of San Bernardino. Council agreed that they would like further clarification from the Police Department prior to taking action on this matter. Mayor Minor stated they would consider this matter later in the day when the Police Department could send a representative to answer the Council's questions. STATUS OF CONTRACT - GUTIERREZ CONSTRUCTION COMPANY - WIDEN MILL STREET, FROM "I" STREET TO "H" STREET - MODIFY TRAFFIC SIGNALS - PLAN NO. 9276 - CONTINUED FROM DECEMBER 18, 1995 (17) This is the time and place continued to consider the status of a contract with Gutierrez Construction Company for the widening of Mill Street, from "I" Street to "H" Street, and modification of traffic signals, per Plan No. 9276. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the rescission of the contract with Gutierrez Construction Company for widening Mill Street, from "I" Street to "H" Street, be approved in principle; that the Director of Public Works/City Engineer be authorized to re-advertise for bids; and that the City Attorney's Office be instructed to address recovery of the costs associated with rebidding the contract. Roger Hardgrave, Director of Public Works/City Engineer, stated that Gutierrez Construction Company had offered the City $500 to offset rebidding costs, rather than the City taking action to collect the bid bond. 8 1/8/96 Council Member Oberhelman amended his motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the rescission of the contract with Gutierrez Construction Company for widening Mill Street, from "I" Street to "H" Street, be approved in principle; that the Director of Public Works/City Engineer be authorized to re-advertise for bids; and that the offer of $500 from Gutierrez Construction Company to cover the costs associated with the rebid be accepted, rather than taking action to collect the bid bond. RES. 96-7 - RESOLUTION AWARDING A CONTRACT TO REPAIR OF DAMAGE TO THE TWIN CREEK CHANNEL. OF THE CITY OF SAN BERNARDINO H & H GENERAL CONTRACTORS FOR CENTRAL AVENUE BRIDGE OVER EAST (52) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Council Members None. Absent: No. 96-7 was adopted by the following vote: Negrete, Oberhelman, Pope-Ludlam, Miller. Council Members Curlin, Hernandez, Devlin. Ayes: Nays: RECESS MEETING At 9:37 a.m., Mayor Minor recessed the meeting to 10:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:01 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "Dn Street, San Bernardino, California. ROLL CALL Roll call was taken following being present: Oberhelman, Pope-Ludlam, Barlow, Deputy City Clerk Absent: Council Members by Deputy Ci ty Clerk Cordova with the Mayor Minor; Council Members Negrete, Miller; Senior Assistant City Attorney Cordova, City Administrator Shauna Clark. Curlin, Hernandez, Devlin. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. (Discussed earlier in the meeting) (See page 8) (16) 9 1/8/96 This is the time and place continued from earlier in the meeting to consider a resolution authorizing an agreement with other local law enforcement agencies to participate in the San Bernardino County Vehicle Theft Task Force. Council Member Oberhelman stated he had discussed the questions he had regarding this agreement with Acting Police Chief Harp, and he did not believe additional discussion at this time would resolve the concerns he had; therefore, he would not vote to adopt said resolution. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to January 22, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING CONFIRM DISTRICT NO. 1016 - COULSTON DISTRICT - TRACT NO. 15573 ASSESSMENTS AREA LANDSCAPE ASSESSMENT MAINTENANCE (12) This is the time and place set for a public hearing to consider confirmation of assessments relative to Assessment District No. 1016, Coulston Area Landscape Maintenance District, being formed as a requirement for Tract No. 15573. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 13, 1995, regarding confirmation of assessments relative to Assessment District No. 1016. Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern regarding the formation of assessment districts in areas where there currently are no homeowners; therefore, precluding the two-thirds majority vote required to form and impose such assessment districts. RES. 96 -8 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLLS FOR ASSESSMENT DISTRICT NO. 1016, FOR THE MAINTENANCE OF LANDSCAPING ALONG PORTIONS OF THE NORTH SIDE OF COULSTON STREET BETWEEN CURTIS STREET AND ROSENA AVENUE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1016. (12) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing relative to the proposed assessments for Assessment District No. 1016 be closed, and the protests, if any be overruled; and that said resolution be adopted. 10 1/8/96 The motion carried, and Resolution No. 96-8 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Members Curlin, Hernandez, Devlin. CONTINUE RENTAL HOUSING PROGRAM - ADDITIONAL THREE YEARS - FUNDING ALLOCATION TO BE DETERMINED ANNUALLY - APPROVE ADDITIONAL $29,700 FOR FY 95/96 (14) City Administrator Shauna Clark submitted a Staff Report dated December 22, 1995, regarding continuation of the Rental Housing Program, including a summary of accomplishments and recommendations. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A PROGRAM TO IMPROVE RENTAL HOUSING. First (14A) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A PROGRAM TO IMPROVE RENTAL HOUSING. Urqencv (14B) It was noted that because of the television technical difficulties, the matter should be postponed. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to January 22, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 1 0 : 0 7 a. m., Mayor Minor recessed the adj ourned regular meeting to 11:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:04 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Saba, Deputy City Clerk Cordova, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Members Curlin, Hernandez, Devlin. 11 1/8/96 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 11: 04 a.m., Chairman Minor called the joint adjourned regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those items which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R3, R4, R5, R7, R8, R9, and RSl will not be annotated. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Jeff Wright, P.O. opposition to waiving ordinances. Box 2341, San Bernardino, CA, expressed full reading of the resolutions and Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. APPROVE AWARD OF FUNDS & AGREEMENTS - EMERGENCY SHELTER GRANT PROGRAM - FY 1995/96 - FRAZEE COMMUNITY CENTER - OPTION HOUSE - SALVATION ARMY - OPERATION GRACE - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT CONSOLIDATED PLAN (R6) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated January 3, 1996, regarding the designation of Frazee Community Center, Option House, The Salvation Army, and Operation Grace as Emergency Shelter Grant Program recipients for fiscal year 1995/96, under the U.S. Department of Housing and Urban Development Consolidated Plan. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern that the designated amount of $119,000 would not be enough to provide for the needs of the homeless. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council approve the designation of Frazee Community Center, Option House, The Salvation Army, and Operation Grace as Fiscal Year 1995/96 Emergency Shelter Grant Program recipients, and authorize execution of agreements with each entity. 12 1/8/96 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 11:56 a.m., Chairman Minor recessed the joint adjourned regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Rachel Clark, Assistant Director of Planning and Building Services Hays. Absent: Council Members Curlin, Devlin, Miller. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 20 OFF- SITE SALES OF BEER & WINE LICENSE - NEW SERVICE STATION/ CONVENIENCE STORE - 1198 EAST HIGHLAND AVENUE - BALBIR JHAWAR (18) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated December 21, 1995, regarding a determination of public convenience or necessity for a Type 20, off-site sales of beer and wine license, for a new service station with a convenience store located at 1198 East Highland Avenue. Deputy City Attorney Empeno stated that the of San Bernardino had withdrawn their objection Staff Report) to the sale of beer and wine convenience store. Catholic Diocese (as noted in the at the proposed COUNCIL MEMBER MILLER RETURNED At 2:04 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Council noted that there were inconsistencies in the backup material distributed with this agenda item versus the backup material distributed December 4, 1995, Agenda Item No. 15, relative to a request from The Player's billiard room to serve beer at their establishment at 1120 E. Highland Avenue. Although both establishments are in the same reporting district and the same census tract, the backup materials contained conflicting statistics 13 1/8/96 regarding the number of locations in the surrounding area permitted to sell alcohol. Jeff Wright, P.O. Box 2341, San Bernardino, CA, commented on the disparity between the two backup reports and stated that he felt a public hearing should be held on this matter. Steve Ehrich, George Schnarre Real Estate, 1416 E. Highland Avenue, San Bernardino, CA, stated that Highland Avenue needs this business; that the owner had complied with every requirement and the sale of alcohol is necessary in order to make the gas station competitive with surrounding businesses. He urged the Council to approve the matter without delay. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council determine that a public convenience or necessity would be served and direct the Department of Planning and Building Services to prepare a letter of public convenience or necessity to the Department of Alcoholic Beverage Control for the Type 20 Alcohol License request for the new service station at 1198 East Highland Avenue. The motion carried by Members Negrete, Hernandez, Member Oberhelman. Absent: the following vote: Ayes: Council Pope-Ludlam, Miller. Nays: Council Council Members Curlin, Devlin. ASSISTANT DIRECTOR OF PLANNING & BUILDING SERVICES HAYS EXCUSED At 2:29 p.m., Assistant Director of Planning and Building Services Hays left the Council meeting. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:29 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. PUBLIC COMMENTS (19) Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned how Council Members were utilizing the time saved by placing public comments at the end of the meeting, and offered suggestions of things they could do. COUNCIL MEMBER At 2:32 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council ANNOUNCEMENT - CITY ATTORNEY PENMAN (3C) City Attorney Penman announced that in the election contest between Councilman Ralph Hernandez and Councilwoman-elect Rita Arias, the court began testimony at 10:00 a.m. this date, and the matter was continued to 1:30 p.m., Friday, January 12, 1996. 14 1/8/96 RECESS MEETING At 2:33 p.m., Mayor Minor recessed the meeting to the Council Chambers of City Hall, 300 North "D" Bernardino, California. 4:00 p.m. in Street, San RECONVENE MEETING At 4:00 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Member Negrete; City Attorney Penman, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. NOTE: reconvened Bernardino Although a quorum was not present, the meeting was to hear the Community Development Commission/San Joint Powers Financing Authority public comments. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY JOINT ADJOURNED REGULAR MEETING At 4:00 p.m., Chairman Minor reconvened the joint adjourned regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community ADJOURNMENT (20) At 4:09 p.m., the adjourned regular meeting was adjourned. The next scheduled regular meeting of the Mayor and Common Council is at 8:00 a.m., Tuesday, January 16, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By fek /~:~:) . inda Hartze Deputy City Clerk No. of Items: 25 No. of Hours: 2.5 15 1/8/96