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HomeMy WebLinkAbout05-06-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 6, 1996 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:04 a.m., Monday, May 6, 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Arias, Oberhelman. City Attorney Penman announced that one case would be heard relative to significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; and that a lawsuit had been served on Mano Management, Inc. naming the City (case number not yet assigned), which would also be heard under subdivision (b) of Government Code Section 54956.9 (if the case has not yet been filed), as follows: Central City Companv, a California General Partnership vs. City of San Bernardino. the Common Council of the City of San Bernardino, and Does 1 throuqh 25 Inclusive - San Bernardino Superior Court. RECESS MEETING - CLOSED SESSION (1) At 8:05 a.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): John Lee Bell vs. D. Keil, et al - United States District Court Case No. CV 95-4231 EDK (JGx); Murcia vs. Citv of San Bernardino Superior Court Case No. SCV 18115; San Bernardino Michael Caldwell vs. City of San Bernardino San Bernardino Superior Court Case No. SCV2 26026; 1 5/6/1996 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: no cases; D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqency Neqotiator: Barbara Dillon, Personnel Director Employee Orqanization: San Bernardino Public Employees Association (SBPEA) Mid-Management Unit. E. Conference with real property negotiator pursuant to Government Code Section 54956.8: (See Related Item No. 17, page 14) Property: Pioneer Memorial Cemetery 211 E. 9th Street San Bernardino, California Neqotiatinq Parties: City of San Bernardino, Potential Successful Bidder Under Neqotiation: Instructions concerning price of payment. to negotiator and terms F. Consider a personnel matter pursuant to Government Code Section 54957. Employee position: Deputy City Attorney CLOSED SESSION At 8:05 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Members Arias, Oberhelman; City Administrator Shauna Clark. 2 5/6/1996 Also present: Assistant City Administrator Wilson; Senior Assistant City Attorneys Barlow and Carlyle, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Director of Personnel Dillon. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of resolutions and ordinances on the regular and supplemental of the Mayor and Common Council and the regular agenda Community Development Commission/San Bernardino Joint Financing Authority and Mayor and Common Council while the was in closed session. all the agendas of the Powers Council COUNCIL MEMBER ARIAS ARRIVED At 8: 11 a. m., Council Member Arias arrived at the closed session. DIRECTOR OF PERSONNEL DILLON EXCUSED At 8: 11 a. m., Director of Personnel Dillon left the closed session. SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8:12 a.m., Senior Deputy City Attorney Simmons arrived at the closed session. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 8:13 a.m., City Administrator shauna Clark arrived at the closed session. SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:14 a.m., Senior Deputy City Attorney Simmons left the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:39 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 8:45 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 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. 3 5/6/1996 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, City Administrator Shauna Clark. Absent: Council Member Oberhelman. INVOCATION The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBERS CURLIN & MILLER (2 & S5) MAYOR MINOR Animal Advisory Commission - Joyce Martin (alternate) COUNCIL MEMBER CURLIN - SECOND WARD Animal Advisory Commission - Mustafa Khan COUNCIL MEMBER MILLER - SEVENTH WARD Jerry Casillas - Central City Parking Place Commission Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments requested by Mayor Minor and Council Members Curlin and Miller, be approved. Mustafa Khan accepted his certificate of appointment. AWARD - WILHEMINA RICKS - 1996 SENIOR CITIZEN OF THE YEAR _ PARKS, RECREATION & COMMUNITY SERVICES (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Wilhemina Ricks for her outstanding volunteer efforts and honoring her as Senior Citizen of the Year for 1996. Ms. Ricks calls over 120 home-bound senior citizens daily to check on their well being, in addition to her many other volunteer efforts. Tano Lechuga, Senior Citizens Service Center Manager, and Oscar Perrier, Senior Recreation supervisor, Parks, Recreation and Community Services, read a letter of co~mendation from Governor and Mrs. Wilson and presented commendation plaques on behalf of President Bill Clinton, Senator Dianne Feinstein, and the City of San Bernardino to Wilhemina Ricks. 4 5/6/1996 Ms. Ricks also received plaques and/or certificates of commendation from Frank Stallworth on behalf of Senator Ruben Ayala, Wade Byars representing Congressman George Brown, Jr., Al Twine representing Supervisor Jerry Eaves, and Michael Townsend on behalf of Assemblyman Joe Baca. Council Member Arias personally thanked Ms. Ricks for her efforts, particularly her work with the "Pal Program", stating how important this program is to senior citizens, even preventing death in some cases. PROCLAMATION - MUNICIPAL CLERKS WEEK - MAY 5-11, 1996 (3) J. Lorraine Velarde, Executive Assistant to the proclamation declaring the week of May 5-11, 1996, Clerks Week in the City of San Bernardino. Mayor, read a as Municipal Rachel Clark, City Clerk, accepted the proclamation and thanked her staff for their contributions. CITY ATTORNEY PENMAN EXCUSED At 9:15 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Easland. PROCLAMATION - LAW ENFORCEMENT RECOGNITION DAY - MAY 9, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Thursday, May 9, 1996, as Law Enforcement Recognition Day in the City of San Bernardino. Judi Thompson, Vice-President, San Bernardino Area Chamber of Commerce, 546 W. 6th Street, San Bernardino, CA, accepted the proclamation and invited everyone to attend the 20th Annual Law Enforcement Recognition Dinner, to be hosted by the Chamber of Commerce on May 9, 1996. PROCLAMATION BLUE RIBBON WEEK SUPPORT OF ENFORCEMENT OFFICERS & AGENCIES - WEEK OF MAY 12, LAW 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of May 12, 1996, as Blue Ribbon Week in the City of San Bernardino and recognizing all peace officers and law enforcement agencies serving the area. Bill Cozzo and Warren Cocke accepted the proclamation on behalf of the Footprint Organization, a law enforcement support organization, and provided "blue ribbon pins" to the Mayor and Council. Mr. Cocke then presented the proclamation to Chief of Police Lee Dean. 5 5/6/1996 DEPUTY CITY ATTORNEY EASLAND EXCUSED At 9:25 a.m., Deputy City Attorney Easland left the Council meeting and was replaced by City Attorney Penman. PROCLAMATION - HIRE-A-VETERAN WEEK - MAY 5-11, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 5-11, 1996, as Hire-A-Veteran Week in the City of San Bernardino. Gene Ramirez and Harvey Crowder, State Employment Development Department, 480 N. Mt. View, CA, accepted the proclamation. of California San Bernardino PRESENTATION TO THE CITY - $3000 - COPS FOR KIDS PROGRAM - SAM'S CLUB, SAN BERNARDINO (3) Ken Goodwin, Manager, and Robin Jaynes, Event Coordinator, Sam's Club, 885 E. Harriman Place, San Bernardino, CA, presented a check for $3,000 to Chief of Police Lee Dean and Detective Steve Filson, President, San Bernardino Police Officers' Association, for the "Cops for Kids" program. Chief of Police Dean and Detective Filson accepted the check and thanked Sam's Club for their continued support. PROCLAMATION - DAY OF THE TEACHER - MAY 8, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 8, 1996, as Day of the Teacher in the City of San Bernardino. Alyce Papin, President, San Bernardino Teachers' Association, and Lilla Sjostrand, President, California Retired Teachers' Association, Division No. 14, accepted the proclamation. PROCLAMATION - BE KIND TO ANIMALS WEEK - MAY 5-11, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of May 5-11, 1996, as Be Kind To Animals Week in the City of San Bernardino. Debi Biggs, Director, City of San Bernardino Animal Control, accepted the proclamation. 6 5/6/1996 PROCLAMATION - LETTER CARRIER'S FOOD DRIVE DAY - MAY 11, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Saturday, May 11, 1996, as Letter Carrier's Food Drive Day in the City of San Bernardino. Carleton Purnell, Food Drive Coordinator, Del Rosa Station, National Association of Letter Carriers, Branch 411, accepted the proclamation and urged the citizens to help with this effort to provide food for the needy. COMMENDATION - HARRIS COMPANY - 91ST ANNIVERSARY (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Harris Company for their involvement and support of the local community and recognizing their 91st anniversary. Jorge Pont, President; Ted Grady, Chief Financial Officer; and June Durr, Director of Marketing, accepted the commendation on behalf of the Harris Company. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed gratitude for the beautiful Southern California weather, especially in light of the weather conditions being experienced in other parts of the country. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin commended Mayor Minor for leading a delegation to the White House to discuss matters significant to San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson commended Glenda Burnett, Senior Recreation Supervisor, Parks, Recreation and Community Services, and founder of the Westside Steppers, who recently received a "Making a Difference for Women" award from the Soroptimist International Club of San Bernardino. Ms. Burnett showed her award to the Mayor and Council and thanked those who helped her realize her achievements. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman commented on an article in the regarding a family living in a trailer in the Verdemont Code Enforcement had been working with for three years. that a fire had occurred in Red~ands under very newspaper area that He noted similar 7 5/6/1996 circumstances, which had injured two people and several animals, and that the City of San Bernardino does not go out of its way to bother people for no reason. Mr. Penman also read an article from Western Cities magazine regarding the decision of the 9th Circuit Court of Appeal relative to the Arden-Guthrie lawsuit, and thanked the law firm of MacLachlan, Burford & Arias for their work on this case. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor announced that the students from Ramona Alessandro Elementary School had created the "Be Kind To Animal Week" posters that were decorating the Council Chamber walls; and expressed optimism that his trip to the White House had yielded several commitments to provide aid to the City of San Bernardino. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 W. 16th Street, San Bernardino, Mayor Minor for exercising his power of veto when recently voted to permit chain link fences city-wide. CA, thanked the Council PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that under Proposition 62, cities do not have the right to pass taxes, including utility taxes, without a two-thirds vote of the people. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Jeff Wright, P.O. opposition to waiving ordinances. Box 2341, San full reading Bernardino, CA, expressed of the resolutions and 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 Mayor and Common Council, be waived. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Negrete, 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: March 18, 1996. 8 5/6/1996 SET FY 1996/97 BUDGET WORKSHOP - MAY 13, 1996 - 1: 00- 5:00 P.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM(8) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated April 22, 1996, requesting that a budget workshop for FY 1996/97 be set for May 13, 1996, 1:00-5:00 p.m., in the Economic Development Agency Board Room. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that a budget workshop be set for 1:00 p.m. to 5:00 p.m., Monday, May 13,1996, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, CA, for the purpose of Council review of the proposed budget reductions for FY 1996/97. APPROVE PLAN NO. 8888 - AUTHORIZE ADVERTISEMENT FOR BIDS - WIDEN TIPPECANOE AVENUE & INTERCONNECTION OF TRAFFIC SIGNALS - FROM REDLANDS BOULEVARD TO HOSPITALITY LANE (9) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 11, 1996, regarding approval of plans and authorization to advertise for bids for the widening of Tippecanoe Avenue and interconnection of traffic signals from Redlands Boulevard to Hospitality Lane. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans to widen Tippecanoe Avenue and the interconnection of traffic signals, between Redlands Boulevard and Hospitality Lane, in accordance with Plan No. 8888, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RECESS MEETING At 10:01 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:07 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, Economic Development Agency Development Director Winkler. Absent: Council Member Oberhelman. 9 5/6/1996 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 10:07 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 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, R2, R3, R5, R9, and R10 will not be annotated. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 12 :34 p.m., Chairman Minor recessed the joint 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 2:03 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, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Oberhelman. RES. 96-l04A - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 16 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT KENDALL DRIVE AND "H" STREET. (10) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. 10 5/6/1996 Resolution No. 96-104A was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. COUNCIL MEMBER MILLER EXCUSED At 2:05 p.m., Council Member Miller left the Council meeting. RES. 96-105 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 17 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF A BOX CULVERT ON "H" STREET AND KENDALL DRIVE AT DEVIL'S CANYON CHANNEL. (11) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-105 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson. Nays: None. Absent: Council Members Oberhelman, Miller. CLAIMS AND PAYROLL (12) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 16, 1996, from the Director of Finance be approved. PERSONNEL ACTIONS (13) PERSONNEL ACTION - APPOINTMENT - STACEY R. ALDSTADT - DEPUTY CITY ATTORNEY II - CITY ATTORNEY'S OFFICE (S7) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 18, 1996, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, and the appointment of Stacey R. Aldstadt to Deputy City Attorney II (Range 3494 - Step 1, $5216/month), effective June 1, 1996, be approved and ratified. COUNCIL MEMBER MILLER RETURNED At 2:08 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. 11 5/6/1996 ESTABLISH POSITION - LANDSCAPE INSPECTOR II WORKS/ENGINEERING PUBLIC (14) Barbara Dillon, Director of Personnel, submitted a Staff Report dated April 22, 1996, regarding the establishment of the Landscape Inspector II position within Public Works/Engineering. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, That one (1) position of Landscape Inspector II, Range 1354, $2,595 $3,154/month, be established in the Public Works/Engineering Department; and that the Personnel Department be directed to update Resolution No. 95- 428 to reflect this action. RES. 96-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ORANGE SHOW LANE BETWEEN FOUR HUNDRED AND TWENTY-FIVE FEET EAST OF "E" STREET AND THREE HUNDRED AND SIXTY-FIVE FEET WEST OF ARROWHEAD AVENUE, APPLICABLE TO THE NORTH SIDE ONLY, AND BETWEEN THREE HUNDRED FEET EAST OF "E" STREET AND ARROWHEAD AVENUE, EXCEPTING THE AREA BETWEEN SIX HUNDRED EIGHTY FEET WEST OF ARROWHEAD AVENUE AND THREE HUNDRED EIGHTY FEET WEST OF ARROWHEAD AVENUE, APPLICABLE TO THE SOUTH SIDE ONLY. (15) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-106 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Anderson, Miller. Nays: Council Member Devlin. Absent: Council Member Oberhelman. AUTHORIZE ISSUANCE MAINTENANCE SERVICES REQUESTS FOR PROPOSALS SEWER (16) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 16, 1996, regarding authorization to issue requests for proposals for sewer maintenance services. Council Member Arias made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Public Works/City Engineer be authorized to issue requests for proposals for the provision of sewer maintenance services, at a cost not-to- exceed $100,000 for the 1996/97 fiscal year. 12 5/6/1996 APPEAL TERMINATE RESULT OF BOARD OF POLICE COMMISSIONERS' DECISION AGREEMENT WITH LOMA LINDA TOWING COMPANY PRE-TERMINATION HEARING (18) Huston Carlyle, Jr., Senior Assistant City Attorney, submitted a Staff Report dated April 24, 1996, recommending denial of Lorna Linda Towing's appeal of the Board of Police Commissioners' decision to terminate the towing services agreement between the City of San Bernardino and Loma Linda Towing. Senior Assistant City Attorney Carlyle, representing the Police Department, informed Council that all relevant information which would enable them to make an informed decision, including the Findings of Fact and Statement of Decision, had been included in their backup materials. Amy Greyson, Brunick, Alvarez & Battersby, P.O. Box 6425, San Bernardino, CA, attorney for Leo Wenzel, owner of Lorna Linda Towing, stated there were many questions they needed to address; and submitted a letter dated May 6, 1996, outlining the grounds for their appeal and requesting that the Council reverse the decision of the Police Commission or that an appeal hearing be scheduled before the Mayor and Common Council for consideration of the proposed agreement termination. Ms. Greyson objected to the participation of the City Attorney's Office, stating that they could not offer neutral legal advice; and questioned what procedures were being used by the City in handling this case, as Section 5.82.250 of the San Bernardino Municipal Code provides that if an appeal shall be heard, it shall be scheduled for the next regular meeting of the Mayor and Common Council. Dennis Barlow, Senior Assistant City Attorney, speaking from the podium, stated that the City Attorney's Office was familiar with case law relative to neutral legal advice and that he had not discussed the case with Senior Assistant City Attorney Carlyle, who was responsible for preparing the case. CITY ATTORNEY PENMAN EXCUSED At 2:39 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant Clty Attorney Barlow. Council Member Devlin made a motion, Member Anderson, that the appeal be de~ied. taken following discussion and failure of a seconded by Council (Note: The vote was substitute motion.) Council Member Negrete made a substitute motion, seconded by Council Member Arias, that the matter be put on hold and continued to June 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow presentation of any new information. 13 5/6/1996 Council Member Arias removed her second, for purpose of discussion. The substitute motion failed for ~ack of a second. Discussion deficiencies in whether denying ensued regarding some of Loma Linda Towing's the areas of storage space and response times; and the appeal was the proper action at this time. Council Member Negrete made a motion, seconded by Council Member Arias, that the matter of the appeal of the Board of Police Commissioners' decision to terminate agreement with Lorna Linda Towing Company as a result of the pre-termination hearing be continued to June 3, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA; at which time the attorney for the operator would have the opportunity to submit new information and findings. The motion failed by the following vote: Ayes: Members Negrete, Curlin, Arias. Nays: Council Members Anderson, Miller. Absent: Council Member Oberhelman. Council Devlin, Senior Assistant City Attorney Barlow noted that since the substitute motion did not pass, Council must now consider the original motion made by Council Member Devlin, seconded by Council Member Anderson, that the appeal be denied. The motion carried by the following vote: Ayes: Members Arias, Devlin, Anderson, Miller. Nays: Council Negrete, Curlin. Absent: Council Member Oberhelman. Council Members RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WESTERN NURSE SPECIALISTS FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT, IN ACCORDANCE WITH BID SPECIFICATION F-96-16. (19) Council Member Curlin made a motion, seconded Member Anderson, and unanimously carried, that the continued to May 20, 1996, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENUMBERING SECTION 9.68.060 AND ADDING SECTIONS 9.68.060, 9.68.070 AND 9.68.080 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING ON THE STREETS DURING SCHOOL HOURS AND REIMBURSEMENT FOR COSTS OF CURFEW VIOLATIONS. (Continued from April 15, 1996) First (20) Council Member Devlin made a motion, seconded by Council Member Curlin, and unanimously carried, that said ordinance be laid over for final adoption. 14 5/6/1996 COUNCIL MEMBER DEVLIN EXCUSED At 3:04 p.m., Council Member Devlin left the Council meeting. ACCEPT BID SALE OF PIONEER AUTHORIZE EXECUTION OF GRANT DEED lE - Closed Session - page 2) MEMORIAL CEMETERY (See related Item No. (17) Fred Wilson, Assistant City Administrator, submitted a memorandum dated May 2, 1996, stating that one bid had been received from the Loewen Group International, Inc., in the minimum acceptable bid amount of $926,513. The bidder proposed to pay the amount in terms rather than placing the entire bid into escrow as called for in the bid specifications; therefore, rejection of the bid was recommended. Council Member Anderson made a motion, seconded by Council Member Curlin, and unanimously carried, that the bid as received for the sale of certain City-owned property located at the corner of Sierra Way and 7th Street in the City of San Bernardino (Pioneer Memorial Cemetery) from the Loewen Group International, Inc., be rejected; and that the Public Works Department, Real Property Section, be authorized to readvertise said property for sale. RES. 96-107 - 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 18, 1996) (21) Council Member Curlin made a mction, seconded by Council Member Miller, that said resolution be adopted. Ayes: Nays: Resolution No. 96 -107 was adopted by the following vote: Council Members Negrete, Curlin, Arias, Anderson, Miller. None. Absent: Council Members Oberhelman, Devlin. 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 18, 1996) (22) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF SIX (6) EACH 1996 COM?ACT 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 18, 1996) (23) 15 5/6/1996 Council Member Anderson made a motion, Member Miller, and unanimously carried, that tabled. seconded by Council said resolutions be COUNCIL MEMBER DEVLIN RETURNED At 3:07 p.m., Council Member Devlin returned to the Council meeting and took his place at the council table. AUTHORIZE ESTABLISHMENT - OPEN PURCHASE ORDER - MERIT DAY FOODS RAW FOOD PRODUCTS CITY'S SENIOR NUTRITION PROGRAM (Sl) Annie Ramos, Director, Parks, Recreation and Community Services, submitted a Staff Report dated April 23, 1996, regarding authorization to establish an open purchase order in the amount of $40,000 with Merit Day Foods for the purchase of raw food products for the City's Senior Nutrition Program. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to establish an open purchase order in t.he amount of $40,000 with Merit Day Foods for the purchase of raw food products for the City of San Bernardino's Senior Nutrition Program; and that the City's Purchasing Manager be directed to issue the purchase order for same. APPROVE ALLOCATION SIDEWALK - HIGHLAND TO BOULDER AVENUE - SUPPLEMENTAL FUNDING INSTALL AVENUE (NORTH SIDE) - PIEDMONT DRIVE $20,000 (S2) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 23, 1996, regarding allocation of supplemental funding for installation of sidewalk on Highland Avenue from piedmont Drive to Boulder Avenue. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the expenditure of $20,000 from Account No. 126-000-3405, "Undesignated Reserve, n to finance one-half of the cost for installation of sidewalk on Highland Avenue (north side), from piedmont Drive to Boulder Avenue, be approved. AUTHORIZE INITIATION OF PROCEEDINGS INSTALL FILL- IN SIDEWALK - SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY PARKWAY - SET PUBLIC HEARING - JUNE 3, 1996 - 10 A.M. (S3) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 22, 1996, regarding authorization to initiate proceedings for installation of fill-in 16 5/6/1996 sidewalk on the south side of Northpark Boulevard, east of University Parkway, and setting a public hearing regarding same. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to May 20, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE CHANGE ORDER NO. TWO - IMPROVEMENT OF ACCESS ROADS & PARKING FACILITIES - SAN BERNARDINO TRADE CENTER & INTERNATIONAL AIRPORT RIVERSIDE CONSTRUCTION CONTRACT INCREASE - $25,448.31 - PLAN NO. 9283 (S4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 24, 1996, regarding Contract Change Order No. Two to the contract with Riverside Construction for improvement of passenger terminal access roads and parking facilities at the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9283. City Attorney Penman declared a conflict of interest, stating that Riverside Construction had contributed to his campaign. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Two to the contract with Riverside Construction for improvement of access roads and parking facilities for the passenger terminal for the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9283, be approved; and that authorization be given for additional compensation to the contractor for extra work and delays incurred due to conflicts with utilities not shown on the plans and credit for deletion of adjusting vaults to grade, at a net increase in the contract price of $25,448.31, from $2,579,828.09 to $2,605,276.40. APPROVE CHANGE ORDER NO. ONE - REHABILITATE PARKING LOT - PALM MEADOWS GOLF COURSE - INSTALL SEWER MAIN - FROM CLUBHOUSE TO PALM MEADOWS DRIVE HOLLAND-LOWE CONSTRUCTION, INC. - CONTRACT INCREASE - $5,412 - PLAN NO. 9433 (S6) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 29, 1996, regarding Change Order No. One to the contract with Holland-Lowe Construction, Inc. for the rehabilitation of the Palm Meadows Golf Course parking lot and installation of a sewer main from the clubhouse to Palm Meadows Drive, in accordance with Plan No. 9433. Council Member Negrete made a motion, seconded by Council Member Devlin, and unanimously carried, that Change Order No. One to the contract with Holland-Lowe Construction, Inc., for the rehabilitation of the parking lot at Palm Meadows Golf Course, in 17 5/6/1996 accordance with Plan No. 9433, be approved; and that authorization be given for the installation of about 600 lineal feet of 4-inch sewer line, from the clubhouse to Palm Meadows Drive, at an increase in the contract price of $5,412.00, from $28,137.95 to $33,549.95. RECESS MEETING At 3:13 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:23 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, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, Economic Development Agency Development Director Winkler. Absent: Council Member Oberhelman. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 3: 23 p. m., Chairman Minor reconvened the j oint 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. PUBLIC HEARING - SECOND YEAR ACTION PLAN - 1995-1999 CONSOLIDATED PLAN - U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS - EMERGENCY SHELTER GRANT (ESG) FUNDS (R8) Ron Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated May 2, 1996, regarding the Second Year Action Plan of the 1995-1999 Consolidated Plan, which contained a synopsis of past actions and current recommendations. Mayor Minor opened the hearing. Director Winkler explained that the Council had before them the Second Year Action Plan of the 1995-1999 Consolidated Plan for use of Community Development Block Grant (CDBG), Home Investment Partnerhsip Act (HOME), and Emergency Shelter Grant (ESG) funds. 18 5/6/1996 Norma Owens, Housing Development Specialist/Homeless Services Analyst, Economic Development Agency, introduced Sue Lien, Chairwoman of the Community Development Citizens Advisory Committee (CDCAC) . Ms. Lien introduced the other committee members, reviewed the funding recommendation process, and requested that the Council approve the recommendations of the committee as submitted. She noted that a total of 126 applications were received, requesting a total of $9 million. Based on receiving 105% of last year's allocation, the committee recommended an allocation of $3.5 million for 21 capital improvement projects and 25 public service projects. Ms. Lien continued by stating that the committee had been informed by the Mayor that Casa Ramona would require additional environmental and historical studies that could not be completed during the fiscal year time frame, and he had asked the committee to reduce Casa Ramona's grant to $15,000 and allocate the remaining $285,000 to the Single Family Rehabilitation Project. The committee then met with Esther Estrada, Executive Director of Casa Ramona, regarding the additional studies and the timeline limitations. Ms. Estrada was certain she could undertake these studies and complete them within the required time frame, which is imperative because Casa Ramona has been included in the City's list of buildings requiring substantial seismic retrofitting or demolition by November 1997. The committee felt that the allocation of $300,000 to Casa Ramona should remain at this time, and should Casa Ramona be delayed, the funding could be designated for single family rehabilitation later in the year. Ms. Lien asked the Council to approve Motion A with the deletion of ". . except as provided under Motion C and D; to amend Motion B to include all the projects on Table IV including Casa Ramona, and to reject Motions C and D. Norma Owens explained in more detail the process used to make the recommendations and the differences in what staff was recommending versus what was recommended by the committee. She stated that Casa Ramona's environmental study could not be completed in the allotted time frame, adding that the time frames are supplied by HUD and cannot be circumvented or modified. In fact, eight projects require additional time to complete their environmental reviews; however, once they are completed, staff is recommending that seven of these agreements be resubmitted for Council review. She stated that Casa Ramona is unique in that the funding requested is for working drawings for architecture and engineering studies that are based upon demolishing the facility. The allowance to demolish has not yet been determined, and that is the reason staff was suggesting that the project be revisited after the environmental studies. 19 5/6/1996 Esther Estrada, Executive Director, Casa Ramona, 1524 W. 7th Street, San Bernardino, CA, presented an overview of events surrounding Casa Ramona. She stated that the Casa Ramona Board had decided to demolish Casa Ramona with the exception of the front wall because they wanted to keep something of the old building intact and tie the new building to that wall. However, if the building should be cited as having historical significance in the community and could not be torn down, there would be no choice but to walk away from it, since the cost to retrofit would be prohibitive. In addition, only with new construction would they be able to offer amenities which would enable them to lease some of the space to other agencies, which would help defray the cost of the new building. Ms. Estrada submitted a letter dated May 6, 1996, from Senator Ruben Ayala wherein he stated that he had contacted the Director of the Office of Historical Preservation concerning Casa Ramona, and they had promised to have a status report on his desk this week. She stated that Cas a Ramona would try to live up to whatever the City requires them to do, within reason, but if they cannot disturb the building they will have to find an appropriate alternative site. CITY CLERK RACHEL CLARK EXCUSED At 3:55 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Medina. Mayor Minor stated that he had asked for money to be taken from Casa Ramona and allocated to the Single Family Rehabilitation Program, and staff was following his directive when they revised the Community Development Citizens Advisory Committee's recommendations. City Administrator Shauna Clark, speaking from the podium, thanked the CDCAC for all their hard work and the numerous hours devoted to this project. Ms. Clark stated that all CDBG projects must meet one of three goals: 1) Benefit low- and moderate-income people, 2) Eliminate or prevent slums and blight, or 3) When no other financial resources are available, meet needs which are particularly urgent because existing conditions pose a serious and immediate threat to the health and welfare of the community. Also, of the City's total allocation, up to 15 percent may be used to establish or expand public services. She continued, stating that until recently the City had not been aware that CDBG funds could be used for police services; more specifically, as matching funds for COPS grants. She stated that instead of supporting various community public service programs, this money could be leveraged into 27 additional police officers; therefore, she was asking the committee and Council to consider phasing out funding to community groups in order to fund these additional officers. Ms. Clark submitted a memorandum dated May 6, 1996, regarding use of CDBG funds. 20 5/6/1996 MAYOR MINOR EXCUSED At 4:04 p.m., Mayor Minor left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Negrete. Doug Rowand, member of the CDCAC, stated he supported police officers, but suggested that the Council find other sources of funding, rather than taking the money from the various public service organizations. He stated that the services of thousands and thousands of volunteers at the grass roots level are much greater than what would be realized by the addition of 27 police officers; and urged the citizens to contact their Council members and voice opposition to such a plan. The following individuals requested reconsideration of funding for their respective organizations: Easter Seal Society Steven Fisher, 6155 Palm Avenue, #702, San Bernardino, CA, spoke of a head injury he had suffered in 1989 and the help he had received from the Easter Seal Society, Head Injury Support Services; and noted that the Easter Seal Society had not received a funding allocation. Mike Blatnick, Program Director, Easter Seal Society, 241 E. 9th Street, San Bernardino, CA, thanked the Council for funding received the last eight years and acknowledged their failure to submit a timely application. Mr. Blatnick requested that they be allowed to apply for contingency funds. Council Member Miller noted that the Easter Seal Society is the only organization around that helps individuals with brain injuries. Leqal Aid Society Richard Simon, Managing Attorney, Legal Aid Society, 572 N. Arrowhead Avenue, San Bernardino, CA, explained their operation and requested an allocation of $20,000 (10 percent of their budget). Bruce MacLachlan, MacLachlan, Burford & Arias, A Law Corporation, 560 E. Hospitality Lane, San Bernardino, CA. Nancy Bailey, 1377 E. Citrus Avenue, Redlands, CA, Chairwoman, San Bernardino Commission on the Status of Women. Doug Welebir, Welebir, Lister and McCune, A Professional Law Corporation, 2068 Orange Tree Lane, Redlands, CA, submitted a speakers' request form supporting the ~egal Aid Society. Bryan President, Hartmell, 25757 Redlands Boulevard, San Bernardino County Bar Association. Redlands, CA, 21 5/6/1996 Florentino Garza, 35-year resident, San Bernardino, CA. Robin Cochran, Attorney, 600 Bernardino, CA, submitted a speakers' the Legal Aid Society. N. Arrowhead Avenue, San request form in support of Director Winkler indicted that neither Easter Seal Society nor Legal Aid had submitted an application for funds. He added that last year $800,000-$900,000 was reprogrammed, and this would probably happen again this year; however, this is normally not done until the end of the budget year. He stated that both agencies could submit an application and get into the cycle in June or July. Operation Grace Janai President, received in the Council Morehead, 3141 Indian Canyon Court, Highland, CA, Operation Grace, thanked the Council for funding 1995-96, explained their program, and requested that consider funding for their organization. Jeff Morehead, Pastor, Grace Apostolic Church, 1595 Art Townsend Drive, San Bernardino, CA, thanked the Council for past funding and expressed hope that Operation Grace could be added to the list to be funded. The following Citizens Advisory recommendations: individuals thanked the Community Development Committee for their support and funding Myrtle Ross, Frazee Community Center, 1140 W. Mill Street, San Bernardino, CA. Donna Beveridge, Children's Network, San Bernardino County Child Care Coordinator, 385 N. Arrowhead Avenue, San Bernardino, CA. Dr. S' Ann Freeman, San Bernardino City Library & Literacy Center, 555 W. Sixth Street, San Bernardino, CA. John Treasurer, Wagstaffe, 19170 Cataline Road, Apple San Bernardino Child Advocacy Program. Valley, CA, Charles Adams, Jr., Deputy Director, County of San Bernardino Community Services Department, 686 E. Mill Street, San Bernardino, CA. Millicent Price, Supervising Librarian, San Bernardino City Library, 555 W. 6th Street, San Bernardino, CA. 22 5/6/1996 The following individuals spoke in support of funding Casa Ramona as recommended by the Community Development Citizens Advisory Committee: Robert Armenta, Program Analyst, Casa Ramona, 1524 W. 7th Street, San Bernardino, CA. Reverend Ray Rosales, Our Lady of Guadalupe Church, 1430 West 5th Street, San Bernardino, CA; who also expressed thanks for the allocation for Mary's Mercy Table. Ray Coronado, 1127 Mt. Vernon, San Bernardino, CA, Chairman, Casa Ramona Board of Directors. Graciano Gomez, 1265 E. Shamrock, San Bernardino, CA. David Schulze, President, Inland Empire Association of Realtors, 1798 North "D" Street, San Bernardino, CA, thanked the committee for their hard work; and spoke on behalf of neighborhood action groups, advocating funding for the Neighborhood Revitalization Program. Mike Valles, P.O. Box 392, San Bernardino, CA, spoke in support of adopting the full recommendations of the committee, and suggested that the funds requested by the Mayor be considered at a later date. Council Member Miller made a mction, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed. RECESS MEETING At 5:08 p.m., Mayor Pro Tern Negrete declared a five-minute recess. RECONVENE MEETING At 5:18 p.m., Vice-Chairman Negrete reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and 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: Vice-Chairman Negrete; Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Economic Development Agency Development Director Winkler. Absent: Council Member Oberhelman. 23 5/6/1996 RES. 96-108 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN SECOND YEAR ACTION PLAN OF THE CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS FEDERAL GRANT FUNDED PROGRAMS. (ReF) RES. 96-109 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S SECOND YEAR ACTION PLAN OF THE CONSOLIDATED PLAN. (R8G) Council Member Miller made a motion, seconded by Council Member Devlin, that full reading of the resolutions be waived, that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's (CDCAC) recommendations for fiscal year 1996 Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements, except that the CDCAC recommendation for funding the California Theater rehabilitation be revised from $461,000 to $101,000 (a difference of $360,000), with reallocation of $300,000 to certain rehabilitation projects and reallocation of $60,000 to be divided equally at $20,000 each among Legal Aid Society, Easter Seal Society, and Operation Grace, with each to initially receive $11,176 and the remaining amount ($8,824) to be received if full funding is received from HUD, and that the $300,000 taken from the California Theater rehabilitation funding be reconsidered from either the balance of the 1996/1997 CDBG funds, from HUD, or from the reallocation of any remaining CDBG funds later this calendar year; approve and adopt the CDCAC recommended projects for CDBG funds that do not meet the environmental review requirements at this time, and instruct staff to bring the agreements for funding back to this body for approval after these proj ects have been environmentally cleared; increase the CDCAC recommendation for CDBG funding for the Single-Family Rehabilitation Program ($284,353- $714,063) and the Neighborhood Revitalization Program ($221,925- $560,500); authorize the Mayor to submit these projects as part of the Second Year Action plan component of the 1995/1999 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and that said resolutions be adopted. The motion carried, and Resolution Nos. 96-108 and 96-109 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Oberhelman. 24 5/6/1996 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R4) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. RES. 96-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MURILLO CONSTRUCTION COMPANY FOR RE-ROOFING FIRE STATION NUMBERS 2, 4 AND 8. (R6) RES. 96-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ARCO CONSTRUCTION FOR INSTALLATION OF TOT LOT EQUIPMENT IN DELMANN HEIGHTS PARK AND LA PLAZA PARK. (R7) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution following vote: Devlin, Anderson, Oberhelman. Nos. 96-110 and 96-111 were adopted by the Ayes: Council Members Negrete, Curlin, Arias, Miller. Nays: None. Absent: Council Member At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community ADJOURNMENT (24) At 5:45 p.m., the regular meeting of the Mayor and Common Council was adjourned to 1:00 p.m., Monday, May 13, 1996, in the Board Room of the Economic Development Agency, 201 North "E" Street, San Bernardino, California. RACHEL CLARK City Clerk By ) 4~ kk~1 inda Hartze Deputy City Clerk No. of Items: 35 No. of Hours: 8.25 25 5/6/1996