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HomeMy WebLinkAbout03-18-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 18, 1996 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, March 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; Assistant City Administrator Wilson. Absent: None. City Attorney Penman announced that the following additional cases would be discussed in closed session: Brian Huckins vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 17418; Count v of San Bernardino. et al. and Courtesv Services of San Bernardino. et al. vs. Ci tv of San Bernardino. et al. Supreme Court of the State of California Case No. S050179. RECESS MEETING - CLOSED SESSION - the meeting - See Page 15) At 8:00 a.m., the Mayor and Development Commission recessed following: (Referenced later in (1 &: Rl) Common Council and Community to closed session for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a) Tomas Armendariz. et al. vs. James F. Penman. et al. United States Court of Appeals, Ninth Circuit No. 93- 55393; United States District Court Case No. CV 91-5757 CMB; People of the State of California vs. Manta Manaaement/Manta Manaqement Corporation vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 1 3/18/96 B. Conference with legal counsel significant exposure to subdivision (b) of Government cases. - anticipated litigation - litigation pursuant to Code Section 54956.9: two C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: five cases. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: 1. Aqencv Neqotiator: Barbara Dillon, Personnel Director Emplovee Orqanizations: San Bernardino Public Employees Association (SBPEA) - General Unit & Middle Management 2. Aqencv Neqotiator: Shauna Clark, City Administrator Emplovee Orqanizations: San Bernardino Confidential Management Association (SBCMA) - Management & Confidential Employees E. Conference with real property negotiator pursuant to Government Code Section 54956.8: 1. Property: Parking lot located on the northwest corner of 4th and "E" Streets, San Bernardino, California Negotiating Parties: Timothy C. Steinhaus on the Redevelopment Metropolitan Development behalf of Agency; Under Negotiation: Price and terms of payment 2 . Properties: 2029-2176 Newcomb Avenue; 2004-2104 Dumbarton Avenue; 2122 McKinley Avenue; 2122 Arden Avenue All properties are located in San Bernardino, California 2 3/18/96 Negotiating Parties: Timothy C. Steinhaus on behal f of the Redevelopment Agency; National Association of Real Estate Brokers (NAREB); Federal Deposit Insurance Corporation (FDIC) Under Negotiation: Price and terms of payment CLOSED SESSION At 8:01 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 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; Assistant City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Barlow and Carlyle, Senior Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular 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. SENIOR DEPUTY At 8:24 a.m., closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the AGENCY ADMINISTRATOR STEINHAUS, SPECIAL COUNSEL SABO, DEVELOPMENT DIRECTOR WINKLER ARRIVED At 8:24 a.m., Agency Administrator Timothy Steinhaus, Special Counsel Timothy Sabo and Development Director Winkler, Economic Development Agency, arrived at the closed session. AGENCY ADMINISTRATOR STEINHAUS, SPECIAL COUNSEL SABO, DEVELOPMENT DIRECTOR WINKLER AND SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 8:52 a.m., Agency Administrator Timothy Steinhaus, Special Counsel Timothy Sabo and Development Director Winkler, Economic Development Agency, and Senior Assistant City Attorney Barlow left the closed session. 3 3/18/96 PERSONNEL DIRECTOR DILLON ARRIVED At 8:52 a.m., Personnel Director Dillon arrived at the closed session. ADJOURN CLOSED SESSION At 8:58 a.m., the closed session adjourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 9:03 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the Citcy 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, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Kendall Clark Baker, Pastor, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Arias. APPOINTMENTS - COUNCIL MEMBERS ARIAS, DEVLIN & ANDERSON (2) COUNCIL MEMBER ARIAS - THIRD WARD Fine Arts Commission - Bureau of Franchises - Human Relations Commission - Main Street Advisory Board - Parks & Recreation Commission - Planning Commission - COUNCIL MEMBER DEVLIN - FIFTH WARD Senior Affairs Commission - Patricia Alman Halbig Doris Turner Harold G. Duffy Richard R. Hernandez Lindy Lucero-Gonzales Richard Gonzales Josephine A. Austin COUNCIL MEMBER ANDERSON - SIXTH WARD Board of Building Commissioners Central City Parking Place Commission - Community Television Commission Bureau of Franchises - 4 - Ruben Nunez Evelyn Harper - Alvin Simpson Stanch M. Wilcoxen 3/18/96 Board of Police Commissioners - Wallace Green Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointments requested by Council Members Arias, Devlin and Anderson be approved. PRESENTATION TO THE CITY 1995 SURFACE MINING & RECLAMATION ACT (SMARA) AWARD STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF MINES & GEOLOGY (2A) Bob Munro, Board Member, State of California, State Mining & Geology Board, 801 K Street, Sacramento, CA, presented the 1995 Surface Mining & Reclamation Act (SMARA) Award to the City for its commitment to balance environmental integrity and economic growth through its surface mining ordinance and compliance with the statutory requirements of SMARA. Joseph Raden, Senior Field Representative, representing Assemblyman Joe Baca, expressed his appreciation to the City and staff and congratulated each for a job well done. Mayor Minor accepted the award. PRESENTATION TO THE CITY - $15,000 CHECK - CONSTRUCTION OF THE BASEBALL STADIUM - ROTARY CLUB OF SAN BERNARDINO (2B) Charles Mace, Rotary Club of San Bernardino, an organization of business and professional people who provide humanitarian services to members of the community, presented a $15,000 check to the City to assist in the construction of the baseball stadium. Mayor Minor accepted the check and expressed appreciation to the Rotary Club of San Bernardino. PROCLAMATION - WILL ROGERS DAY - MARCH 30, 1996 (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming March 30, 1996, as "Will Rogers Day" within the City of San Bernardino. Evlyn Wilcox, former Mayor of the City of San Bernardino, accepted the proclamation on behalf of the Civic Light Opera and announced that on March 30, 1996, "will Rogers' U.S.A." will be premiering at the California Theatre and welcomed all to attend. PRESENTATION TO THE CITY - 1995 EMPLOYER PARTNERSHIP AWARD SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) (2D) 5 3/18/96 Lori Sassoon, Administrative Analyst/Employee Transportation Coordinator, City Administrator's Office, presented the 1995 Employer Partnership Award to the Ci ty for the most improved average vehicle ridership by a mid-sized employer. Mayor Minor accepted the award, recognized the 9/80 workweek and expressed his appreciation for the employees of the City. INFORMATIONAL PRESENTATION - LEAGUE OF WOMEN VOTERS - PRESIDENTIAL PRIMARY ELECTION ISSUES, MARCH 26, 1996 (2E) Marion White-Vassilakos, President of the League of Women Voters, presented a copy of the League of Women Voters "California Voter" which provides a state and local financial picture and provided the Mayor and Council with a copy of the California Pros/Cons on State Ballot Measures for the March 26, 1996, presidential Primary Election. EMPLOYEE RECOGNITION AWARDS - FOURTH QUARTER OF 1995 (2F) J. Lorraine Velarde, Executive Assistant to the Mayor, announced that the following individuals have received the 1995 Fourth Quarter Employee Recognition Awards within their respective categories: Cateqory Emplovee Department Management/ Confidential Mid-Management Fran White Council Office Manuel Harper Volunteer/Intern Teri Ledoux Parks, Recreation & Community Svcs. Police Planning & Building Services Administration Safety General Dan Blum Mike Finll Fran White, Manuel Harper, Dan Blum, Mike Finn and Teri Ledoux accepted their award. UPDATE - CRIME FIGHTING STRATEGIC PLAN (2G) Rabbi Hillel Cohn provided an update of the crime fighting strategic plan created to reduce and focus on the root causes of crime within the City and to enhance community participation. INTRODUCTION BRIGHAM YOUNG INTERNATIONAL FOLK DANCE ENSEMBLE UNIVERSITY (BYU) (2H) Colin Strange, Project Coordinator, Main Street, Inc., Economic Development Agency, introduced the world-renowned Brigham 6 3/18/96 Young University (BYU) International Folk Dance Ensemble and stated that they would be premiering at the California Theatre tonight, March 18, 1996. The ensemble performed a rendition of the "Macedonian Love Song. " SERVICE PIN AWARDS (2I) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in gratitude of their many years of dedicated service to the City: Name Department Years of Service Suzanna Cordova City Clerk 5 year pin Richard Rodriguez Facilities Management 15 year pin Gregory Ward Fire 10 year pin Richard Lewis Fire 15 year pin Gregory Parker Fire 15 year pin Brian preciado Fire 15 year pin Gordon Sinn Fire 25 year pin Andrew Brown Parks, Recreation & 30 year pin Community Services Lisa Patnode Police 5 year pin Diana Rowe Police 5 year pin Dennis Garrahan Public Services 15 year pin David Eickhoff Public Works/Engineering 10 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (3) Council Member Negrete stated that he did not notice whether The Sun newspaper had provided coverage on the ground breaking ceremony for the construction of the new social security building and the Miss San Bernardino Pageant. He further announced that the social security building would be located at 6th & Arrowhead. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (3A) Council Member Curlin stated that there are no improprieties when the Mayor urges the Council to support or oppose a specific item and reiterated his reasons for resigning from the San Bernardino International Airport Authority. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (3B) Council Member Arias expressed belated Happy Saint Patrick's Day wishes to the residents and employees of the City. 7 3/18/96 PUBLIC COMMENTS - FATHER RAY ROSALES (4) Father Ray Rosales, Our Lady of Guadalupe Church, 1430 W. 5th Street, San Bernardino, CA, expressed concern that he has not heard from the Mayor or Police Chief Dean relative to a meeting with his parish to discuss community issues and requested that an exploratory committee of ethnic representation be established to review the proposed Charter amendments. PUBLIC COMMENTS - LARRY SINGLETON (4A) Larry Singleton, 687 W. 9th Street, San Bernardino, CA, read an article pertaining to access to public information. PUBLIC COMMENTS - DON JORDAN - (Referenced later in the meeting - See Page 9) (4B) Don Jordan, Esquire, 505 N. Arrowhead Avenue #503, San Bernardino, CA, submitted a written document highlighting the Jimmy Segura case and requested that a committee be established to review pertinent information and to request a retrial for Jimmy Segura who in 1978 was convicted for murder. PUBLIC COMMENTS - JEFF WRIGHT (4C) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced support for the reopening of the Segura case and requested that the matter be placed on the next meeting agenda of the Mayor and Council. PUBLIC COMMENTS - MARGARET CISNEROS (4D) Margaret Cisneros, a resident of San Bernardino, requested information on the provisions relative to the use of barbed wire. PUBLIC COMMENTS - BOB NEVES (4E) Bob Neves, 2348 Sterling Avenue, Suite #439, San Bernardino, CA, urged citizens to voice their complaints concerning the lack of handicap accessibility to the Planning and Building Services Department and requested that the meetings of the Mayor and Council be conducted with the use of sign language interpreters. PUBLIC COMMENTS - HELEN KOPCZYNSKI (4F) Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, voiced concern regarding the possible mining within the newly- annexed area for the Cal Mat project because it contributes to air pollution and would ultimately affect the health of local citizens. RECESS MEETING At 10:19 a.m., Mayor Minor declared a five-minute recess. 8 3/18/96 RECONVENE MEETING At 10:28 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator Wilson. Absent: Council Member Oberhelman. ANNOUNCEMENTS CITY ATTORNEY PENMAN earlier in the meeting - See Page 8) (Referenced (3C) City Attorney Penman provided a synopsis of the action taken in the sentencing of Jimmy Segura and explained that the court is the proper forum to overturn such a matter and that the Mayor and Council did not have jurisdiction. APPROVE PLAN NO. 9419 NORTH PARK BOULEVARD & ADVERTISEMENT FOR BIDS INSTALL TRAFFIC COYOTE DRIVE SIGNALS AUTHORIZE (13) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 21, 1996, relative to the approval of Plan No. 9419 and authorization to advertise for bids for the installation of traffic signals at Northpark Boulevard and Coyote Drive. A discussion was held concerning the cost to businesses for the installation of traffic signals. Bob Neves, 2348 Sterling Avenue, Suite #439, San Bernardino, CA, inquired if the traffic signals had an appropriate mechanism which would release a beep or squawk to assist the vision impaired. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for installation of traffic signals at Northpark Boulevard and Coyote Drive, in accordance with Plan No. 9419, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, opposition to the and ordinances. P. O. Box 2341, San Bernardino, CA, expressed waiving of the full reading of the resolutions 9 3/18/96 Council Member Negrete made a motion, Member Miller, and unanimously carried, that resolutions and ordinances on the regular and of the Mayor and Common Council be waived. seconded by Council full reading of the supplemental agendas COUNCIL MINUTES (6) Council Member Negrete made a motion, seconded by Council Member Miller, 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: February 5, 1996; February 19, 1996. The motion Members Negrete, Council Members Oberhelman. carried Curlin, Arias, by the following vote: Devlin, Miller. Nays: Anderson. Absent: Ayes: Council None. Abstain: Council Member ORD. MC-961 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055 AND 19.30.320 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 15.73.065 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. Final (7) (See Related Item Nos. 8 & 29, Pages lO & 24) Council Member Miller made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-961 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. SET PUBLIC HEARING APRIL 1, 1996 ESTABLISH ADMINISTRATIVE FEE - DEFERRAL OF CERTAIN DEVELOPMENT FEES (See Related Item Nos. 7 & 29, Pages 10 & 24) (8) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated March 7, 1996, relative to setting a date for a public hearing to consider the establishment of an administrative fee for the deferral of certain development fees. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that a public hearing be set for April 1, 1996, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for the purpose of discussing the establishment of an administrative fee for the deferral of certain development fees. ORD. MC-962 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.10 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN. Final (9) 10 3/18/96 Jeff Wright, concern regarding Force Base. P. O. Box 2341, San Bernardino, CA, expressed radioactive activity within the former Norton Air Council Member Negrete made a motion, seconded Council Member Anderson, that said ordinance be adopted. Ordinance No. MC- 962 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. CLAIMS AND PAYROLL (10) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated March 13, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (ll & 37) City Attorney Penman explained that Frank Rhemrev has accepted a position with another city; therefore, Item No. Two on the unclassified list should be deleted. Council Member Curlin made a motion, seconded by Council Member Arias, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated March 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, to include the unclassified list dated March 18, 1996; and that Item No. Two on the unclassified list be deleted. (Note: Items One & Two on the unclassified list dated March 18, 1996, regarding the promotions within the City Attorney's Office were continued from the meeting of March 4, 1996.) APPROVE CONTRACT CHANGE ORDER NOS. ONE & TWO - AUTHORIZE EXTRA WORK - RELOCATE EXISTING 24" STORM DRAIN, REMOVE & REPLACE ADDITIONAL PAVEMENT - SOUTH OF BASE LINE STREET - $16,624.38 NORSTAR PLUMBING COMPANY PHASE III, NORTHWEST INTERCEPTOR SEWER (12) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated February 21, 1996, concerning Norstar Plumbing Company Change Order Nos. One & Two for the extra work required to relocate an existing 24" storm drain and to remove and replace additional pavement south of Base Line Street. Jeff Wright, concern that the addressed. P. O. Box 2341, San Bernardino, environmental issues have not CA, been expressed properly 11 3/18/96 COUNCIL MEMBER CURLIN EXCUSED At 11:05 a.m., Council Member Curlin left the Council meeting. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino CA . . I , lnqulred about the purpose for the change orders. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order Nos. One and Two to the contract with Norstar Plumbing Company for the installation of Phase III of the northwest intercepting sewer, in accordance with Plan No. 9187, be approved; and that the contractor be authorized to perform the necessary extra work involved in the relocation of an existing 24-inch storm drain and the removal and replacement of additional pavement south of Base Line Street, at an increase in the contract price of $16,624.38, from $496,706 to $513,330.38. RES. 96-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO H & H GENERAL CONTRACTORS FOR CONSTRUCTION OF COMMERCIAL DRIVEWAY AND DRAINAGE IMPROVEMENTS AT FORMER NORTON AIR FORCE BASE. (14) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Council Members None. Absent: No. 96-56 was adopted by Negrete, Arias, Devlin, Council Members Curlin, the following vote: Anderson, Miller. Oberhelman. Ayes: Nays: RECESS MEETING At 11:07 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:13 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller'; City Attorney Penman and Economic Development Agency Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Oberhelman. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:13 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San 12 3/18/96 Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those which require action by the Mayor and Common Council. Therefore, action taken relative to Items R2, R3, R6, R7, R8, R9, RIO, R12, R15, R16, RSl and RS2 will not be annotated. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R4) Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the waiving of the full reading of the resolutions and ordinances. Council Member Devlin made a motion, seconded by Council Member Negrete, 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 PLAN NO. 9454 - INSTALL TOT LOT EQUIPMENT - LA PLAZA PARK & DELMANN HEIGHTS PARK AUTHORIZE ADVERTISEMENT FOR BIDS (R5) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated March 6, 1996, concerning the approval of plan No. 9454 and authorization to advertise for bids for the installation of tot lot equipment at La Plaza Park and Delmann Heights Park. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for installation of tot lot equipment in La Plaza Park and Delmann Heights Park, in accordance with Plan No. 9454 be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. WAIVER & DEFERRAL REQUEST DEVELOPMENT FEES - $504,671 BASEBALL STADIUM (Rll) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated March 12, 1996, requesting the waiver and deferral of certain development fees in the total amount of $504,671 for the construction of the baseball stadium. Council Member Negrete made a motion, seconded by Council Member Devlin, that the Mayor and Common Council authorize the waiving of certain city development fees in the amount of $165,906 and the deferral of certain city development fees in the amount of $338,765 related to the San Bernardino stadium project. 13 3/18/96 A discussion ensued relative to the purpose for the waiver and deferment of fees and the impact such would have on the Civic and Promotion Fund. Council Member Miller made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the deferral of the traffic impact analysis and traffic system fee in the amount of $338,765 related to the San Bernardino stadium project. RES. 96-57 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE PURPOSE OF FORMING THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY ( " SANBAC") . (R13A) RES. 96-58 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE PURPOSE OF FORMING THE SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY (" SAN PAC ") . (R14A) Economic Development Agency Special Counsel Timothy Sabo explained that cities have inquired about the City's mobile home park conversion program, and he stated that the creation of both financing authorities would allow the City to provide consultant services. A discussion was held regarding the duties of the joint power authorities and whether or not the rules governing the Mayor and Council would prevail. Council Member Miller made a motion, seconded by Council Member Curlin, that said resolutions be adopted. (Note: The vote was taken after discussion.) Brooks London, The London Group, 201 North liE" Street, San Bernardino, CA, answered questions regarding the cities and counties who have inquired about the City's mobile home park conversion program. COUNCIL MEMBER CURLIN EXCUSED At 12:10 p.m., Council Member Curlin left the Council meeting. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern relative to the liability to the City. 14 3/18/96 Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired if the authorities would have bond-issuing authority. Special Counsel Sabo separate legal entities options. explained that the authorities would be and would only be pursuing financial Resolution Nos. 96-57 and 96-58 were adopted by the following vote: Ayes: Council Members Negrete, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Curlin, Oberhelman. RECESS MEETING At 12:13 p.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council recessed 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 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, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Planning & Building Services Director Boughey. Absent: Council Members Curlin, Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: Samaan vs. Citv of San Bernardino. et al. - United States District Court Case No. CV 93-0448 RAP (RMCx). RECESS MEETING - CLOSED SESSION - (Referenced earlier in the meeting - See Page l) (I) At 2:01 p.m., the Mayor and Common Council 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) Tomas Armendariz. et al. vs. James F. Penman. et al. United States Court of Appeals, Ninth Circuit No. 93- 55393; United States District Court Case No. CV 91-5757 CMB; 15 3/18/96 People of the State of California vs. Manta Manaqement/Manta Manaqement Corporation vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Brian Huckins vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 17418; Count v of San Bernardino. et al. and Courtesv Services of San Bernardino, et al. vs. Citv of San Bernardino. et al. Supreme Court of the State of California Case No. S050179. B. Conference with legal counsel significant exposure to subdivision (b) of Government case. - anticipated litigation - litigation pursuant to Code Section 54956.9: one C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one case. D. Conference with labor negotiator pursuant to Government Code Section 54957.6: 1. Aqencv Neqotiator: Barbara Dillon, Personnel Director Emplovee Orqanizations: San Bernardino Public Employees Association (SBPEA) - General Unit & Middle Management 2. Aqencv Neqotiator: Shauna Clark, City Administrator Emplovee Orqanizations: San Bernardino Confidential Management Association (SBCMA) - Management & Confidential Employees CLOSED SESSION At 2:02 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Assistant City Administrator Wilson. Absent: Council Members Curlin, Miller. 16 3/18/96 Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office and Planning & Building Services Director Boughey. COUNCIL MEMBER MILLER ARRIVED At 2:03 p.m., Council Member Miller arrived at the closed session. COUNCIL MEMBER CURLIN ARRIVED At 2: 08 p.m., Council Member Curlin arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO AND PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:09 p.m., Deputy City Attorney Empeno and Planning & Building Services Director Boughey left the closed session. ADJOURN CLOSED SESSION At 2: 12 p. m., the closed session adj ourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 2:15 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by 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; Planning & Building Services Director Boughey. Absent: None. DEVELOPMENT CODE AMENDMENT NO. 94-07 - FENCE STANDARDS - CITY INITIATED (Continued from January 22, 1996) (38) Al Boughey, Director of Planning & Building Services, submitted a Staff Report dated February 26, 1996, concerning the previous action taken to consider the fencing provisions. Director Boughey provided a synopsis amend the Development Code relative to regulations. of the action taken to the City-wide fencing A discussion ensued regarding the various proposed options and adopt the General Plan. the current fencing provisions, the previous actions taken to 17 3/18/96 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19.20.030(8), "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. First (38) (Continued from January 22, 1996) (Option No. Four -- Allow chain link fencing at the property line for single-family uses in all residential land use designations.) Council Member Curlin made a motion, seconded by Council Member Arias, that said ordinance be laid over for final adoption. The motion carried by the following Members Negrete, Curlin, Arias, Oberhelman. Devlin, Anderson, Miller. Absent: None. vote: Nays: Ayes: Council Council Members Mayor Minor vetoed the motion. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 95- 05 CHANGE LAND USE DESIGNATION - CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY - CONDITIONAL USE PERMIT NO. 95- 24 - ESTABLISH FOOD PROCESSING PLANT - 735 E. BASE LINE STREET - LORTON ORANGE JUICE - (Continued from March 4, 1996) (39) Director Boughey provided a synopsis of the action taken relative to General Plan Amendment No. 95-05 to change the land use designation from CG-2, Commercial General, to CH, Commercial Heavy, and Conditional Use Permit No. 95-24 for the establishment of a food processing plant at 735 E. Base Line Street. Mayor Minor opened the hearing. Bob Botts, Business Development Manager, Economic Development Agency, expressed support for the approval of General Plan Amendment No. 95-05 and Conditional Use Permit No. 95-24. Paul Toomey, Paul Toomey & Associates, 34590 County Line Road, Suite 5, Yucaipa, CA, representing the applicant, answered questions concerning the current operation and anticipated increase in employment as a result of the proposed expansion. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired if the oranges were being transported by truck and how many loads would be delivered. Director Boughey explained that the trucks would be travelling from the east on Highland Avenue and it was determined to have no major impact. 18 3/18/96 RES. 96-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 95-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Continued from March 4, 1996) (39) Council Member Miller made a motion, seconded by Council Member Negrete, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which adopts the negative declaration and approves General Plan Amendment No. 95-05 and approves Conditional Use Permit No. 95-24. The motion carried and Resolution No. 96-59 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 96-01 - ADULT BUSINESSES - CITY INITIATED (40) Al Boughey, submitted a Staff initiated General businesses. Director of Planning & Building Services, Report dated March 18, 1996, concerning City- Plan Amendment No. 96-01 relative to adult Mayor Minor opened the hearing. RES. 96-60 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING FINDINGS AND GENERAL PLAN AMENDMENT NO. 96-01 TO AMEND THE GENERAL PLAN TEXT REGARDING ADULT BUSINESSES. (40) Council Member Miller made a motion, seconded by Council Member Negrete, that the hearing be closed; and that said resolution which approves General Plan Amendment No. 96-01 be adopted. The motion carried and Resolution No. 96-60 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:50 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:50 p.m., Planning & Building Services Director Boughey left the Council meeting and was replaced by Assistant City Administrator wilson. RECEIVE & FILE - FISCAL YEAR 1994/95 FINANCIAL REPORT - ROGERS, ANDERSON, MALODY & SCOTT (IS) 19 3/18/96 Barbara Pachon, Director of Finance, submitted a Staff Report dated March 7, 1996, concerning the Fiscal Year 1994/95 Financial Report. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the financial report, presented by Rogers, Anderson, Malody & Scott, for fiscal year 1994/95 be received and filed. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: None. Abstain: Council Member Devlin. Absent: Council Miller. None. FUNDING REQUEST - $5,000 FY 1995/96 CIVIC &. PROMOTION FUND - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE (l6) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated March 11, 1996, concerning a request from the Inland Empire Hispanic Chamber of Commerce for funds in the amount of $5,000 from the Fiscal Year 1995/96 Civic &. Promotion Fund. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the recommendation by the Ways & Means Committee to allocate $5,000 in FY 1995/96 Civic & Promotion Funds to the Inland Empire Hispanic Chamber of Commerce be approved; and that the City Administrator be directed to execute an agreement with said Chamber providing for use of said funds for start-up costs to re-establish the Chamber activities. RECEIVE & FILE REPORT FISCAL YEAR 1995/96 MID-YEAR BUDGET (17) Barbara Pachon, dated March 7, 1996, year budget. Director of Finance, submitted a Staff Report concerning the fiscal year (FY) 1995/96 mid- Director Pachon provided a synopsis of the FY 1995/96 mid-year budget report and answered questions regarding transfers out and the utility tax revenue. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the fiscal year 1995/96 mid-year budget report be received and filed. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (18) Rachel Clark, City Clerk, submitted a Staff Report dated February 29, 1996, concernlng the placement of liens for uncollected business registration fees. Mayor Minor opened the hearing. 20 3/18/96 RES. 96-61 - 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. (l8) Council Member Oberhelman made a motion, seconded by Council Member Curlin, 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. 96-61 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-62 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED BY SAID CITY, GENERALLY LOCATED AT THE NORTHEAST CORNER OF SIERRA WAY AND 7TH STREET (PIONEER MEMORIAL CEMETERY) IN SAID CITY, ESTABLISHING A MINIMUM SALE PRICE FOR SAID PROPERTY. (19) Assistant City Administrator Fred Wilson explained that the City cemetery has operated with a deficit for a number of years. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-62 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. WAIVE FEES - $82 - USE OF SECCOMBE LAKE PARK & PAVILION - VOCATIONAL IMPROVEMENT PROGRAM INC. - MENTAL HEALTH DAY - MAY 14, 1996 (20) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated February 26, 1996, concerning a request from the vocational Improvement Program Inc., for a waiver of fees in the amount of $82 for the use of Seccombe Lake park and pavilion for Mental Health Day, May 14, 1996. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the request to waive fees for use of Seccombe Lake park and pavilion by the Vocational Improvement Program Inc., in the amount of $82 be approved. WAIVE FEES - $345 - USE OF SECCOMBE LAKE PARK - BOYS & GIRLS - FUND RAISING JOG-A-THON - 1996 JUNE 1, 1996 CAMP FIRE FUN RUN - (21) 21 3/18/96 Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated February 27, 1996, concerning a request from the Camp Fire Boys and Girls for a waiver of fees in the amount of $345 for the use of Seccombe Lake park for a fund raising jog-a-thon to be held on June 1, 1996. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the request to waive fees for use of See combe Lake park by the Camp Fire Boys and Girls in the amount of $345 be approved. ORD. MC-963 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2) (0) (1) TO ALLOW SERVICE STATIONS WITHIN THE FREEWAY CORRIDOR OVERLAY ALONG A MAJOR OR SECONDARY ARTERIAL WITH A FREEWAY OFF-RAMP, AND AMENDING SECTION 19.06.030(2) (F) ':4) TO EXEMPT SERVICE STATION/CONVENIENCE STORES FROM THE 1000 FOOT DISTANCE CRITERIA FROM AN EXISTING OR PREVIOUSLY APPROVED CONVENIENCE STORE. Final (22) Council Member Anderson made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-963 was adopted b)' the following vote: Council Members Curlin, Arias, Devlin, Anderson, Miller. Council Members Negrete, Oberhelman. Absent: None. Ayes: Nays: RES. 96-63 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT FOR THE FOLLOWING PROJECT: WASTE TIRE MANAGEMENT AND ENFORCEMENT PROGRAM EXPANSION. (23) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-63 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-64 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A ONE-TIME SCHOLARSHIP FOR THE PREPARATION OF ARTWORK FOR USE IN THE CITY'S USED OIL RECYCLING AND PUBLIC EDUCATION PROGRAM. (24) 22 3/18/96 Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-64 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, AUTHORIZATION TO PROCEED - ESTABLISH ASSESSMENT DISTRICT - CONSTRUCT SIDEWALK, MASONRY WALLS & LANDSCAPE - PORTION OF TRACT NO. 14448 - NORTH PARK BOULEVARD, MOUNTAIN & HILL DRIVES - (Continued from March 4, 1996) (25) Bob Neves, 2348 Sterling Avenue, Suite #439, San Bernardino, CA, inquired if the project consisted of any curbs and ramps. Director Hardgrave explained that ramps will be provided and they will be handicap accessible. Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed construction of sidewalk, masonry walls and landscaping along portions of Northpark Boulevard, Mountain and Hill Drives within Tract No. 14448. APPROVE PLAN NO. 9053 MODIFY IRRIGATION SYSTEM TIPPECANOE AVENUE, HARRY SHEPPARD BOULEVARD & DEL ROSA DRIVE SAN BERNARDINO TRADE CENTER & INTERNATIONAL AIRPORT - AUTHORIZE ADVERTISEMENT FOR BIDS - (Continued from March 4, 1996) (26) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for modification of the irrigation system for Tippecanoe Avenue, Harry Sheppard Boulevard and Del Rosa Drive at San Bernardino Trade Center and International Airport, in accordance with Plan No. 9053, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9043 - REHABILITATE PAVEMENT DRIVE FROM DEL ROSA AVENUE TO VICTORIA AVENUE - ADVERTISEMENT FOR BIDS (Continued from 1996) - LYNWOOD AUTHORIZE March 4, (27) Bob Neves, 2348 Sterling Avenue, Suite #439, San Bernardino, CA, inquired if the project required the construction of any curbs and ramps. 23 3/18/96 It was the consensus of the Mayor and Council that the policy within the American with Disabilities Act (ADA) be incorporated in further pavement rehabilitation and new projects. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for rehabilitation of the pavement on Lynwood Drive, from Del Rosa Avenue to Victoria Avenue, in accordance with Plan No. 9043, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH OPTION TO PURCHASE, RELATING TO CERTAIN CITY-OWNED REAL PROPERTY SITUATED AT THE NORTHEAST CORNER OF WATERMAN AVENUE AND GILBERT STREET (1505 NORTH WATERMAN AVENUE). (Continued from March 4, 1996) (28) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-65 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 96-66 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES. (Continued from March 4, 1996) (See Related Item Nos. 7 & 8, Page lO) (29) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-66 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ISSUE A PERMIT TO THE BLAST SOCCER CLUB FOR THE CONSTRUCTION OF AND USE OF SOCCER FIELDS AT AL GUHIN PARK. (Continued from March 4, 1996) (30) Jay Lowry, President, The Blast Soccer Club, 3230 Washington Avenue, San Bernardino, CA, explained that they are a non-profit organization with 10 youth teams and answered questions regarding its soccer season. A discussion ensued regarding the possible liability to the City and the exclusive right granted to The Blast Soccer Club. 24 3/18/96 Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired about the availability of parking and noted that the property is currently owned by the Water Department. Mayor Minor concurred that the property is owned by the Water Department and explained that the Water Department has subleased the property to the City with the understanding that it would be used as a park. City Attorney Penman stated that ~he development of the park would not create a problem for the Water Department. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-67 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 96-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CARMENITA TRUCK CENTER FOR FURNISHING AND DELIVERY OF THREE (3) EACH PROPANE-POWERED FIVE (5) YARD DUMP TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96-20. (Continued from March 4, 1996) (31) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-68 was adopted by' the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER FROM THE CITY OF SAN BERNARDINO TO MOTOROLA COMMUNICATIONS RELATING TO PROVIDING 800 MHz RADIO COMMUNICATION EQUIPMENT. (Continued from March 4, 1996) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ED BUTTS FORD FOR FURNISHING AND DELIVERY OF ONE (1) EACH 1996 STENCIL TRUCK TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96- 20. (Continued from March 4, 1996) (33) 25 3/18/96 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF SIX (6) EACH 1996 COMPACT PICK-UP TRUCKS TO BE UTILIZED BY THE PLANNING AND BUILDING DEPARTMENT RENTAL HOUSING DIVISION AND THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-96-21. (Continued from March 4, 1996) (34) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that said resolutions be continued to May 6, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO NUISANCES. (Continued from March 4, 1996) First (35) (Lots with vacant and/or boarded structures) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. RES. 96-69 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A GRANT DEED FROM HENRY G. CISNEROS, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, FOR PROPERTY LOCATED AT 217 EAST 11TH STREET, AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE. (Continued from March 4, 1996) (36) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-69 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-70 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING IN CONCEPT A MENTORING COLLABORATIVE WITH THE COUNTY OF SAN BERNARDINO COMMUNITY SERVICES DEPARTMENT. (Sl) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-70 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays: None. Absent: None. Ayes: Devlin, 26 3/18/96 RES. 96-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF NEW LEASE AGREEMENT DOCUMENTS BETWEEN THE CITY OF SAN BERNARDINO AND ASSOCIATES COMMERCIAL CORPORATION AND ISSUE SCHEDULE NO. 2 TO KOCH FINANCIAL RELATING TO AUTOMATED REFUSE CONTAINERS FOR REFUSE/RECYCLE PURPOSES. (S2) Concern was expressed as to why the City is not going after Associates Commercial Corporation for a breach of contract and the costs incurred to secure financing. Assistant City Administrator Wilson explained that Toter, Inc. (the vendor issuing recycling cans) has requested payment, hence the need to secure financing. Lynn Merrill, Recycling Coordinator, Public Services, stated that the breach of contract has not affected the recycling program. John Murphy, Purchasing Manager, Finance, explained that there are no additional costs associated with Koch Financial because they lowered their original bid to meet the same specifications as Associates Commercial Corporation. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-71 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNCIL MEMBER MILLER EXCUSED At 4:07 p.m., Council Member Miller left the Council meeting. AUTHORIZE FILING - AMICUS CURIAE - SOUZA VS. ANTIOCH - CITY ATTORNEY'S OFFICE CITY OF (S3) James F. Penman, City Attorney, submitted a Staff Report dated March 13, 1996, requesting authorization to file an amicus curiae in the matter of Souza vs. City of Antioch. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the City Attorney be directed to join Souza vs. City of Antioch as an amicus curiae. RES. 96-72 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE ESTABLISHMENT OF A REGIONAL CENTER OF HIGH PERFORMANCE COMPUTING THROUGH THE INSTITUTE OF APPLIED SUPERCOMPUTING AT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO. (S4) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution of support be adopted, lending 27 3/18/96 encouragement to the Institute for Applied Super Computing and the California State University San Bernardino's proposal of naming their campus as a Regional Super Computer Center; and that said resolution of support be presented to California State University San Bernardino at the regularly scheduled meeting of the Mayor and Common Council at 9:00 a.m., on April 1, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried and Resolution No. 96-72 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RECESS MEETING At 4:12 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:23 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman and Economic Development Agency Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 4:23 p.m., Chairman Minor called the joint 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. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 28 3/18/96 ADJOURNMENT (4l) At 5:33 p.m., the regular meeting adjourned to 10:00 a.m., Monday, March 25, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By No. of Items: 50 No. of Hours: 7 hrs. 45 min. 29 3/18/96