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HomeMy WebLinkAbout07-15-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 15, 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 8:02 a.m., Monday, July 15, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Arias, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Medina; City Administrator Shauna Clark. Absent: Council Members Curlin, Oberhelman. City Attorney Penman announced that the following additional case would be discussed in closed session: Central Citv Comoanv vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 30704. RECESS MEETING - CLOSED SESSION - the meeting - pages 13 & 16) (Referenced later in (1) At 8:03 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): Bond vs. Community Develooment Bernardino, et al. - San Bernardino Nos. E014888; SCV 267373; Commission of San Superior Court Case Hill vs. Citv of San Bernardino, et al. - San Bernardino Municipal Court Case No. SBCI 27000; Richard Smith, et al. vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 21835; United Anqlers of California "s. City of San Bernardino - United States District Court Case No. EDVC 96-178. 1 7/15/1996 B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Dillon, Personnel Director Emolovee Orqanization: San Bernardino City Professional Fire Fighters - Local 891. CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Arias, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Medina; City Administrator Shauna Clark. Absent: Council Members Curlin, Oberhelman. Also present: Senior Assistant City Attorney Carlyle and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, and Attorney Meredith Jury, Best, Best & Krieger, 3750 University Avenue, Riverside, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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/San Bernardino Park Acquisition Joint Financing Authority and Mayor and Common Council. all the agendas of the Powers Powers COUNCIL MEMBER OBERHELMAN ARRIVED At 8:05 a.m., Council Member Oberhelman arrived at the closed session. COUNCIL MEMBER CURLIN ARRIVED At 8: 38 a.m., Council Member Curlin arrived at the closed session. 2 7/15/1996 DEPUTY CITY ATTORNEY ALDSTADT ARRIVED At 8:39 a.m., Deputy City Attorney Aldstadt arrived at the closed session. ATTORNEY MEREDITH JURY EXCUSED At 8:39 a.m., Attorney Meredith Jury of Best, Best & Krieger, 3750 University Avenue, Riverside, CA, left the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVED At 8:45 a.m., Deputy City Attorney Roth arrived at the closed session. ADJOURNED CLOSED SESSION At 8: 51 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:00 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Medina; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Chaplain David Randolph, San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. COUNCIL MEMBER MILLER EXCUSED At 9:04 a.m., Council Member Miller left the Council meeting. YOUTH APPOINTMENT PHILLIP MORENO COMMISSION - MAYOR MINOR HUMAN RELATIONS (2) Mayor Minor submitted a Staff Report dated June 26, 1996, requesting the youth appointment of Phillip Moreno to the Human Relations Commission. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Phillip Moreno to the Human Relations Commission, as requested by Mayor Minor, be approved. (Note: Although Council Member Arias was present, she did not register a vote.) 3 7/15/1996 Phillip Moreno expressed his desire to be a voice which represents the youth and expressed his appreciation for the opportunity to be a member of the Human Relations Commission. COUNCIL MEMBER MILLER RETURNED At 9:06 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. PROCLAMATION - NATIONAL PARENTS' DAY - JULY 28, 1996 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Sunday, July 28, 1996, as National Parents' Day within the City of San Bernardino. Robert J. Spitz, State Chairman, National Parents' Day Coalition, 337 N. Vineyard Avenue, Ontario, CA, accepted the proclamation, highlighted the many tireless acts conducted by parents and urged the community to focus on the problems of the youth. He also encouraged the City to: 1) establish a committee to address the problems of the youth 2) issue a "Parents of the Year" award and 3) organize an event wherein church and school leaders can come together with their government and children can honor their parents. PRESENTATION - GOODWILL INDUSTRIES (3) Sam Cox, Chief Executive Officer, Goodwill Industries, 8120 Palm Lane, San Bernardino, CA, presented an award to J. Lorraine Velarde, Executive Assistant to the Mayor, for her outstanding service to the Board of Directors of Goodwill Industries. PRESENTATION SPORTSMANSHIP AWARD "INDIANS" TEAM - NEWMARK LITTLE LEAGUE CERTIFICATES (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following Indian team players who won the Farm Division Championship: Matthew Adams, Alex Carritte, Robbie Cordova, Christopher Cooper, Patrick Edgett, Adam Garcia, Ryan Halsey, Ashley Holder, Tim Lapin, Jonathon Montanez, Julian Ordaz, Joshua Paugh, Michael Perez, Kevin Wecker and Kyle Woods. Mayor Minor presented a Sportsmanship Award Certificate to each team member. Barbara Sky, Team Manager, acknowledged the efforts of coaches David Hidalgo and Frank Ordaz and team mom Jackie Edgett and thanked the City for its recognition. 4 7/15/1996 EMPLOYEE RECOGNITION AWARDS - FIRST QUARTER 1996 (3) In a memorandum dated June 10, 1996, Les Fogassy, Employee Recognition Selection Committee, stated that the individuals were chosen as the 1996 First Quarter Recognition Award recipients: Cateqorv Emplovee Management/ Confidential Mid-Management Safety General Volunteer/Intern Mark Hinkley Chairman, following Employee Department Patrick Paramo Richard Lindsey Betty Menor None Planning & Building Services Police Police Police Mark Hinkley, Patrick Paramo, Richard Lindsey and Betty Menor accepted their awards. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Department Doris IIDee" Saenz Mark Hinkley Sandra Paulsen Wendy Martin Steve Jarvis Elliott Fitch Bob Montague, Sr. Adolfo Navarro Roger Hardgrave Personnel Planning & Building Svcs. Planning & Building Svcs. Police Police Public Services Public Services Public Works/Engineering Public Works/Engineering Years of Service 5 year pin 5 year pin 10 year pin 5 year pin 25 year pin 10 year pin 30 year pin 5 year pin 35 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed concern regarding the acts of violence within the nation and urged the citizens to reject the incidents of violence. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias congratulated the San Manuel Band of Mission Indians for 10 years of service to the community. 5 7/15/1996 ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman welcomed Mayor Minor back from his absence as a result of knee surgery. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin expressed content that Mayor Minor was well and back to work. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson extended her wishes to Mayor Minor and welcomed him back to work. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller expressed appreciation for the ladies who cleaned up the area around Jefferson Hunt Elementary School. COUNCIL MEMBER MILLER EXCUSED At 9:30 a.m., Council Member Miller left the Council meeting. PUBLIC COMMENTS - MELVIN GEORGE (5) Melvin George, 1307 North "K" Street, San Bernardino, CA, requested that a ballot measure be introduced to the voters which mandates that the City Clerk publish a statement concerning pertinent issues within the jurisdiction of the legislative body. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, provided a synopsis of the changes made within the governing body of the Community Development Commission, encouraged the voters to read the booklet provided by the League of Women Voters on San Bernardino redevelopment, and encouraged the Council to utilize staff's expertise on redevelopment issues. PUBLIC COMMENTS - ELVIRA GALLARDO (5) Elvira Gallardo, 587 Gardena Street, San Bernardino, CA, expressed concern regarding the elimination of homes for the establishment of businesses. PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, thanked the Mayor and Council for the work currently being performed at the corner of Lynwood and Sterling, questioned whether the environmental issues had been considered on said project, and requested that the Director of Public Works/Engineering be 6 7/15/1996 authorized to install curb ramps as well as the repaving and signals for the future installation of street lights. PUBLIC COMMENTS - DONNA CONANT (5) Donna Conant, 26245 E. Base Line, Highland, CA, questioned the motives for the arrest of Jeff Wright and urged the citizens to attend the meetings of the Mayor and Council, organize debates, and exercise their freedom of speech. PUBLIC COMMENTS - HELEN KOPCZYNSKI (5) Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, questioned the actions of the legislative body and the arrest of Jeff Wright. PUBLIC COMMENTS - JIM PENMAN (5) City Attorney Jim Penman stated that it's important to note that a jury of Jeff Wright's peers had convicted him in four of the five counts, he was given his right to a fair trial, and three of the five counts had nothing to do with public meetings. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) The following individuals opposed the waiving of reading of the resolutions and ordinances and requested agenda item be read. the full that each Donna Conant, 26245 E. Base Line, Highland, CA. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. ORD. MC-975 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.080 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PERMIT AND INSPECTION FEES FOR FIRE DEPARTMENT INSPECTIONS OF PROPERTY. Final (7) City Attorney Penman stated that a public hearing had been advertised and held and explained that said ordinance would allow the establishment of service fees for Fire Department inspections of property. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be adopted. 7 7/15/1996 Ordinance No. MC-975 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. ORD. MC-976 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.82.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A FEE UPON FILING AN APPLICATION FOR AN OPERATOR'S PERMIT. Final (8) City Attorney Penman stated that a public hearing had been advertised and held, explained that said ordinance would allow the establishment of a fee upon filing an application for an operator's permit and announced the businesses which would be affected. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-976 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. COUNCIL MEMBER NEGRETE EXCUSED At 9:57 a.m., Council Member Negrete left the Council meeting. RES. 96-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ COMMUNICATION SYSTEM BACKBONE FOR THE CITY OF SAN BERNARDINO. (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96 -212 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Members Negrete, Miller. COUNCIL MEMBER NEGRETE RETURNED At 9:59 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. RES. 96-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ RADIOS FOR THE CITY OF SAN BERNARDINO. (10) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-213 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, 8 7/15/1996 Anderson. Nays: None. Absent: Council Member Miller. RES. 96-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH ADAPTIVE INFORMATION SYSTEMS FOR MAINTENANCE OF IMAGING EQUIPMENT AND SOFTWARE FOR THE CITY OF SAN BERNARDINO. (11) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-214 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 96-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF PUBLIC SAFETY DISPATCH CONSOLES FOR THE CITY OF SAN BERNARDINO. (12) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96 -215 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 96-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF PUBLIC SAFETY MOBILE DATA TERMINALS FOR THE CITY OF SAN BERNARDINO. (13) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-216 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. RES. 96-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH STERLING PLAZA PARTNERS FOR A LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY OFFICE FOR AREA "C" TO EXTEND THE TERM OF THE AGREEMENT FOR A PERIOD OF FIVE YEARS. (14) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 9 7 /15/1996 Resolution No. 96-217 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. CLAIMS AND PAYROLL (15) Council Member Oberhelman 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 July 2, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (16) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated July 3, 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. RES. 96-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ADDENDUM NO. 2 TO AN AGREEMENT FOR CONSULTANT SERVICES WITH THE FIRM OF GFB FRIEDRICH AND ASSOCIATES, INC., RELATIVE TO THE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE. (ASSESSMENT DISTRICT NO. 1015) (17) Roger Hardgrave, Director of Public Works/Engineering, answered questions concerning the costs of the contract and the reason for the additional increase. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96 -218 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson. Nays: Council Member Oberhelman. Absent: Council Member Miller. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (21) Rachel Clark, City Clerk, submitted a Staff Report dated June 27, 1996, concerning the imposition of liens on various properties for uncollected business registration fees. Mayor Minor opened the hearing. 10 7/15/1996 John Lunberg, that a friend is collecting rent. 906 E. Rialto Avenue, San Bernardino CA, stated living at his property, however,' he is not A discussion was held regarding the notification and lien process. RES. 96-219 - 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. (21) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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; that the property located at 906 Rialto Avenue be deleted from Exhibit A; and that said resolution be adopted. The motion carried and Resolution No. 96-219 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3471 - 1404 NORTH PENNSYLVANIA AVENUE - HENRY HARRIS (Discussed later in the meeting - page 19) (22) James Sharer, Facilities Manager, submitted a Staff Report dated June 27, 1996, concerning the Board of Building Commissioners' ruling regarding the property located at 1404 N. pennsylvania Avenue. Donald Barnett, Attorney, 1801 Century Park East, Suite 2500, Los Angeles, CA, submitted a letter dated July 11, 1996, requesting a continuance of the matter to August 19, 1996, as he will be vacationing out of town. Council Member Negrete made a mction, seconded by Council Member Devlin, that the matter be continued to the Mayor and Common Council meeting of August 19, 1996. Council Member Devlin removed his second to allow for discussion, and the motion failed for lack of a second. A discussion ensued regarding the need for the continuance. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee of $75 being paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and 11 7/15/1996 the action of the Board of Building Commissioners is upheld. (Note: There was no vote taken.) Deputy City Clerk Medina reread the motion and action was taken as follows: Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee of $75 to be paid by 4:00 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be denied. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' NO. 3220 580 WEST UNION STREET JACQUELYNN (Discussed later in the meeting - page 20) ORDER LEE (23) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 2, 1996, regarding the Board of Building Commissioners' Order No. 3220 concerning the property located at 580 W. Union Street. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee of $75 to be paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be denied. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3237 - 1029 WEST RIALTO AVENUE - JOHN BARBEE (24) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 2, 1996, regarding the Board of Building Commissioners' Order No. 3237 concerning the property located at 1029 W. Rialto Avenue. Mayor Minor opened the hearing. John Barbee, 1029 provided a synopsis of property located at 1029 waiver of fees be granted correct the violations. W. Rialto Avenue, San Bernardino, CA, the action taken to rehabilitate the W. Rialto Avenue and requested that a because he is working with the City to Joe Lease, Inspection Services Supervisor, Planning and Building Services, answered questions concerning the notification process and acknowledged that the owner is working with the City; however, the structure still needs to be painted and the stairway needs to be repaired. 12 7/15/1996 Mr. Barbee stated that the bad areas of the structure have been painted. It was recommended that the costs already incurred be imposed and that the remaining items be corrected. Inspection Services Supervisor Joe Lease stated that if the work has been completed, an inspection will be done and no additional costs would be incurred. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold Order No. 3237 of the Board of Building Commissioners and deny the appeal. RECESS MEETING - CLOSED SESSION - (Referenced earlier and later in the meeting - pages 1 & 16) (1) At 10:47 a.m., the Mayor and Common Council recessed to closed session for the following: B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: CLOSED SESSION At 10:47 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; Deputy City Clerk Medina; City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. Also present: Joe Lease, Inspection Services Supervisor, and Al Boughey, Director, Planning and Building Services. COUNCIL MEMBER CURLIN ARRIVED At 10 :49 a.m., Council Member Curlin arrived at the closed session. ADJOURN CLOSED SESSION At 10:56 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:00 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino. 13 7/15/1996 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Barlow; Deputy City Clerk Medina; Economic Development Agency Administrator Steinhaus. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11:00 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council to order. JOINT PARK JOINT NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council be waived. COMMUNITY DEVELOPMENT COMMISSION/SAN POWERS FINANCING AUTHORITY/SAN ACQUISITION JOINT POWERS FINANCING REGULAR MEETING At this time, the Community Development Development Commission BERNARDINO BERNARDINO AUTHORITY JOINT PARK JOINT Mayor and Common Commission, took items. Council, action acting as the on Community RECESS MEETING At 12:02 p.m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:00 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino. 14 7/15/1996 ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Deputy City Attorney Empeno; Deputy City Clerk Medina; Director of Planning and Building Services Boughey. Absent: Council Member Miller. APPEAL HEARING PLANNING COMMISSION'S DENIAL CONDITIONAL USE PERMIT NO. 96-02 - VARIANCE NO. 96-03 - CARWASH ADDITION SHELL GAS STATION 1930 SOUTH WATERMAN AVENUE - A & S ENGINEERING SERVICES (36) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated May 27, 1996, concerning Conditional Use Permit No. 96-02 and Variance No. 96-03 to allow for a carwash addi tion at the Shell Gas Station located at 1930 S. Waterman Avenue. Mayor Minor opened the hearing. Director Boughey provided a synopsis of the action taken relative to Conditional Use Permit No. 96-02 and Variance No. 96-03 and answered questions relative to such. Ahmad Ghaderi, A & S Engineering Services, 207 W. Alameda #202, Burbank, CA, submitted a copy of the amended plans and answered questions relative to such. Council Member Curlin made a motion, Member Negrete, and unanimously carried, continued to the Mayor and Common Council 1996 . seconded by Council that the matter be meeting of August 5, PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-11 - AMEND CHAPTER 19.22 - DEVELOPMENT CODE - ALLOW USE OF PERMANENT FLAGS BY SPECIFIED USES - ECONOMIC DEVELOPMENT AGENCY (37) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 3, 1996, concerning a request from the Economic Development Agency to amend Chapter 19.22 of the Development Code to allow the use of permanent flags by specified uses. Mayor Minor opened the hearing. Director Boughey provided a synopsis of the action taken relative to Development Code Amendment No. 95-11. A discussion was held concerning the application of said ordinance. 15 7/15/1996 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING THE USE OF PERMANENT FLAGS BY SPECIFIED USES. First (37) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption with the modification of lines 25, 26, and 27 to read, "Permanent flags shall be permitted only if in connection with a cultural or civic event or goals of the City." REFUND REQUEST TEMPORARY USE PERMIT FEE $298 BUDDHIST TZU-CHI FREE CLINIC HELD ON JULY 14, 1996 (38) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 8, 1996, concerning a refund request from the Buddhist Tzu-Chi Free Clinic for the temporary use permit fee in the amount of $298 for the conduct of a health fair held on July 14, 1996. Pauline Bambrick, 1194 answered questions concerning fair held on July 14, 1996. Brier Drive, San Bernardino, CA, the services provided at the health Council Member Devlin made a motion, seconded by Council Member Arias, and unanimously carried, that the Mayor and Common Council approve Cl refund of $298 for the Buddhist Tzu-Chi Free Clinic for the temporary use permit application fee. RECESS MEETING - CLOSED SESSION - (Referenced earlier in the meeting - pages 1 & 13) (1) At 2: 50 Development following: p.m., the Mayor and Commission recessed Common Council and to closed session Community for the Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Bond vs. Communitv Development Bernardino, et al. - San Bernardino Nos. E014888; SCV 267373; Commission of San Superior Court Case Hill vs. Citv of San Bernardino, et al. - San Bernardino Municipal Court Case No. SBCI 27000; Richard Smith, et al. vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 21835; 16 7/15/1996 United Anqlers of California vs. City of San Bernardino - United States District Court Case No. EDVC 96-178. B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: D. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqency Neqotiator: Barbara Dillon, Personnel Director Employee Oroanization: San Bernardino City Professional Fire Fighters - Local 891. CLOSED SESSION At 2:51 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Devlin, Anderson; Deputy City Attorney Empeno; Deputy City Clerk Medina; Planning and Building Services Director Boughey. Absent: Council Member Miller. Also present: Inspection Services Supervisor Joe Lease, Planning and Building Services. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 2:51 p.m., City Administrator Shauna Clark arrived at the closed session. CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY CARLYLE & DEPUTY CITY ATTORNEY EASLAND ARRIVED At 2: 52 p.m., City Attorney Penman, Senior Assistant City Attorney Carlyle, and Deputy City Attorney Easland arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2 :54 p.m., Deputy City Attorney Empeno left the closed session. 17 7/15/1996 DEPUTY CITY ATTORNEY ALDSTADT & PARALEGAL GREENLEAF ARRIVED At 2:55 p.m., Deputy City Attorney Aldstadt and Paralegal Greenleaf arrived at the closed session. PERSONNEL DIRECTOR DILLON ARRIVED At 2:56 p.m., Personnel Director Dillon arrived at the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 2:57 p.m., Deputy City Attorney Easland left the closed session. CITY ATTORNEY PENMAN, PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY & INSPECTION SERVICES SUPERVISOR LEASE EXCUSED At 2:57 p.m., City Attorney Penman, Al Boughey, Director, and Joe Lease, Inspection Services Supervisor, Planning and Building Services, left the closed session. CITY ATTORNEY PENMAN, PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY & INSPECTION SERVICES SUPERVISOR LEASE RETURNED At 3:04 p.m., City Attorney Penman, Al Boughey, Director, and Joe Lease, Inspection Services Supervisor, Planning and Building Services, returned to closed session. PERSONNEL DIRECTOR DILLON EXCUSED At 3: 04 p. m., Personnel Director Dillon left the closed session. CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY CARLYLE, DEPUTY CITY ATTORNEY ALSTADT AND PLANNING AND BUILDING SERVICES DIRECTOR BOUGHEY & INSPECTION SERVICES SUPERVISOR LEASE EXCUSED At 3:08 p.m., City Attorney Penman, Senior Assistant City Attorney Carlyle and Deputy City Attorney Alstadt and Al Boughey, Director, and Joe Lease, Inspection Services Supervisor, Planning and Building Services, left the closed session. AGENCY ADMINISTRATOR STEINHAUS, DEVELOPMENT DIRECTOR WINKLER, SPECIAL COUNSEL SABO & CONTRACT ADMINISTRATOR TROUT, ECONOMIC DEVELOPMENT AGENCY, ARRIVED At 3:08 p.m., Timothy Steinhaus, Agency Administrator, Ron Winkler, Development Director, Timothy Sabo, Special Counsel, and Mike Trout, Contract Administrator, Economic Development Agency, arrived at closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 3:12 p.m., City Administrator Shauna Clark left the closed session. 18 7/15/1996 ADJOURNED CLOSED SESSION At 3:21 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3: 24 p. m., Mayor Pro Tem meeting of the Mayor and Common Bernardino. Arias reconvened the Council of the City regular of San ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tem Arias; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Barlow; Deputy City Clerk Medina; Economic Development Agency Administrator Steinhaus. Absent: Mayor Minor, Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 3:24 p.m., Vice-Chairman Arias called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council to order. JOINT PARK JOINT At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community COUNCIL MEMBER MILLER RETURNED At 4:01 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:39 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. ECONOMIC DEVELOPMENT EXCUSED At 4 : 39 P . m. , Steinhaus left the Administrator Shauna AGENCY ADMINISTRATOR STEINHAUS Economic Development Council meeting and Clark. Agency Administrator was replaced by City APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3471 - 1404 NORTH PENNSYLVANIA AVENUE - HENRY HARRIS (Discussed earlier in the meeting - page 11) (22) Council Member Negrete made a motion, Member Oberhelman, and unanimously carried, seconded by Council that the Mayor and 19 7/15/1996 Common Council reconsider previous action taken to continue the matter to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee of $75 to be paid by 4:00 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be denied. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of September 3, 1996 . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' NO. 3220 580 WEST UNION STREET - JACQUELYNN (Discussed earlier in the meeting - page 12) ORDER LEE (23) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council reconsider previous action taken to continue the matter to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee to be paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be denied. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996, subject to the payment of the continuance fee of $75 to be paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be denied. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3231 - 2414 NORTH SIERRA WAY - HELEN KERN-MODES (25) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 1, 1996, concerning the Board of Building Commissioners' Order No. 3231 relative to the property located at 2414 N. Sierra Way. Mayor Pro Tem Arias opened the hearing. Joe Lease, Inspection Building Services, provided concerning the property located questions relative to such. Services Supervisor, Planning and a synopsis of the action taken at 2414 N. Sierra Way and answered Mr. boarding home. Earl Capel, Court Appointed Agent, stated that the costs were not necessary since he had already secured the Helen Kern-Modes, Executor of the Estate, 2414 N. Sierra Way, San Bernardino, CA, stated that her sons had boarded up the home and Mr. Capel re-secured the areas which had been reopened through 20 7/15/1996 vandalism. She further stated that the next day Mr. Capel notified the City and the City's contractors subsequently re-boarded the property and broke all of the windows. Mike Farrell, Housing Inspector, Rental Housing Division, Planning and Building Services, answer-ed questions regarding the inspection services and the FHA (Federal Housing Authority) standards for the boarding of property_ A discussion ensued regarding the events and costs associated with the boarding of the property and the notification process. Council Member Devlin made a motion, seconded by Council Member Negrete, that as a means of a compromise, that the City assess the costs associated with the board-up of the two openings and impose such on the owner; and that the additional fees be waived. (Note: There was no vote taken.) Discussion continued regarding the events and costs associated with the boarding of the property and the notification process. Deputy City Clerk Medina reread the motion as follows: Council Member Devlin made a motion, seconded by Council Member Negrete, to reassess the costs of the board up for the two openings only and to compromise the other costs. Council Member Oberhelman made a substitute motion, seconded by Council Member Anderson, that the hearing be closed; and that the Mayor and Common Council uphold Order No. 3231 of the Board of Building Commissioners and deny the appeal. The Council Miller. substitute motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: Council Member Devlin. Absent: None. RES. 96-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN-MCCAIN, INC., FOR SEWER IMPROVEMENTS IN CENTRAL AVENUE AND PALM MEADOWS DRIVE, FROM GIFFORD STREET TO MT. VIEW DRIVE. (18) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-220 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 21 7/15/1996 RES. 96-221 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 83 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 EMERGENCY REPAIR OF THE ALABAMA STREET BOX CULVERT AT CITY CREEK. (19) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-221 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9514 INSTALL CATCH BASINS & STORM DRAIN PERSHING AVENUE & 48TH STREET AUTHORIZE ADVERTISEMENT FOR BIDS (20) Roger submitted a installation 48th Street. Hardgrave, Director of Public Works/Engineering, Staff Report dated June 25, 1996, concerning the of catch basins and storm drain at Pershing Avenue and Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for installation of catch basins and storm drain at Pershing Avenue and 48th Street, in accordance with Plan No. 9514, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. PUBLIC HEARING - CONFIRM 1996/97 ASSESSMENT ROLLS - ROLLS ONE & TWO - CENTRAL CITY PARKING DISTRICT NO. 947 (26) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated June 25, 1996, concerning the confirmation of the 1996/97 assessment rolls number one and two for the Central City Parking District No. 947. Council Member Miller stated that because she owned property within the area and in an effort to avoid the appearance of a conflict, she would be abstaining from this matter. COUNCIL MEMBER MILLER EXCUSED At 5:41 p.m., Council Member Miller left the Council meeting. Mayor Pro Tem Arias opened the hearing. 22 7/15/1996 RES. 96-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ACQUISITION AND IMPROVEMENT AND MAINTENANCE, OPERATION AND SECURITY FOR THE CENTRAL CITY PARKING DISTRICT NO. 947 (ASSESSMENT ROLL 1) . (26A) RES. 96-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR THE EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT NO. 947 (ASSESSMENT ROLL 2) . (26B) Council Member Negrete made a motion, seconded by Council Member Anderson, that the public hearing relative to the 1996/97 assessment rolls for the Central City Parking District (Assessment District No. 947), be closed, and protests, if any, be overruled; and that said resolutions be adopted. The motion carried and Resolution Nos. 96-222 and 96-223 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 5:42 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. PUBLIC MEETING PROPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - KENDALL DRIVE & PINE AVENUE AREA - ASSESSMENT DISTRICT NO. 1017 (27) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated July 1, 1996, concerning the public meeting for the proposed landscape maintenance assessment district to be known as Assessment District No. 1017 within the Kendall Drive and pine Avenue area. Mayor Pro Tem Arias opened the public meeting. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, questioned whether a vote of the people was required for the establishment of a landscape maintenance district. Director Hardgrave explained t.hat the property owner (developer) has requested the landscape maintenance assessment district and the proposed owners of the properties would be notified. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the public meeting relative to the formation of the Kendall and pine area landscape maintenance assessment district (Assessment District No. 1017) be closed, and protests, if any, be continued to the public hearing 23 7/15/1996 set for the Mayor and Common Council meeting of August 5, 1996. RES. 96-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (28A) RES. 96-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996 -97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (28B) RES. 96-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996 - 97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (28C) RES. 96-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA) . (28D) RES. 96-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (28E) RES. 96-229 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR DISTRICT NO. 963, FOR THE MAINTENANCE OF A STATION IN PORTIONS OF ALLEN STREET, NORTH AVENUE IN THE CITY OF SAN BERNARDINO. BERNARDINO ASSESSMENT SEWER LIFT OF CENTRAL (28F) RES. 96-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (28G) RES. 96-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (28H) RES. 96-232 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR DISTRICT NO. 975, LANDSCAPING MAINTENANCE, MILL AREA. BERNARDINO ASSESSMENT PEPPER AND (28I) 24 7/15/1996 RES. 96-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. (28J) RES. 96-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (28K) RES. 96-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVE. AND OHIO AVE. (28L) RES. 96-236 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR DISTRICT NO. 1002, LANDSCAPING MAINTENANCE, STREET AREA. BERNARDINO ASSESSMENT NORTH "H" (28M) RES. 96-237 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR DISTRICT NO. 1007, LANDSCAPING MAINTENANCE, RANDALL AVENUES AREA. BERNARDINO ASSESSMENT PEPPER AND (28N) Director Hardgrave explained assessment district have either decreased. that the costs remained the same for or each have Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 96-224, 96-225, 96-226, 96-227, 96-228, 96- 229 , 96 - 230 , 96 - 2 31, 96 - 2 3 2, 96 - 233 , 96 - 234, 96 - 235, 96 - 236, and 96-237 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 96-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT EIGHTH STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH "J" STREET. (29) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-238 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 25 7/15/1996 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE OSBORNE DEVELOPMENT COMPANY RELATIVE TO ESTABLISHMENT OF AN ASSESSMENT DISTRICT IN CONNECTION WITH DEVELOPMENT OF TRACT NO. 14448. (30) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996 . DISCUSS & TAKE ACTION - VARIOUS PROPOSED BALLOT MEASURES - NOVEMBER 5, 1996 - STATE-WIDE ELECTION (31) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PRESENTING AN ADVISORY MEASURE TO THE VOTERS OF THE CITY OF SAN BERNARDINO PURSUANT TO ELECTIONS CODE SECTION 9603 RELATING TO THE POWER OF THE MAYOR TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION. (31A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS AN ADVISORY MEASURE RELATING TO THE POWER OF THE MAYOR TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996. (31B) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PRESENTING A MEASURE TO THE VOTERS OF THE CITY OF SAN BERNARDINO RELATING TO THE POWER OF THE MAYOR TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION. (31C) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A MEASURE RELATING TO THE POWER OF THE MAYOR TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996. (31D) City Attorney Penman explained the previous actions taken relative to the proposed ballot measure, and stated that he needed direction as to whether the ballot measure should be advisory. A discussion ensued regarding the purpose for the proposed ballot measure. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the matter be tabled. 26 7/15/1996 The Members Negrete, motion failed by the following vote: Ayes: Oberhelman, Devlin, Miller. Nays: Council Curlin, Arias, Anderson. Absent: None. Council Members Council Member Negrete made a motion, seconded by Council Member Devlin, that the matter be continued to the Mayor and Common Council meeting of August 5, 1996. Council Member Negrete withdrew his motion. Council Member Curlin made a motion, seconded by Council Member Negrete, to place on the November ballot a charter amendment which states that the Mayor will have the power of veto on Community Development Commission items subject to State law from Sacramento according him that power. Discussion continued regarding the rationale for the proposed ballot measure and the previous actions which caused the State to take action governing the Redevelopment Committee. Deputy City Clerk Medina reread the motion and action was taken as follows: Council Member Curlin made a motion, seconded by Council Member Negrete, to place on the November ballot a charter amendment providing that the Mayor will have the power of veto subject to State law. The motion carried by the following vote: Members Negrete, Curlin, Arias, Anderson. Nays: Oberhelman, Devlin, Miller. Absent: None. Ayes: Council Council Members City Attorney Penman expressed concern regarding the need for direction on how to prepare the proposed ballot measure; however, no further action was taken on this mat.ter. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 9.28.010 AND 9.28.040 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO OFFENSES AGAINST PUBLIC DECENCY. First (32) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RESOLUTION OF THE CITY OF ADOPTING THE FINAL BUDGET YEAR 1996-1997. SAN BERNARDINO APPROVING AND OF SAID CITY FOR THE FISCAL (33) It was noted that the budget did not reflect the consolidation of the Code Enforcement Division personnel and other actions taken to balance the budget. 27 7/15/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said resolution be continued to the Mayor and Common Council meeting of August 5, 1996 . AUTHORIZE ESTABLISHMENT - NEW UTILITY SERVICES SYSTEM - $32,000 RECREATION FACILITIES SAN BERNARDINO INTERNATIONAL AIRPORT (SBIA) PARKS, RECREATION AND COMMUNITY SERVICES. (34) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated July 3, 1996, requesting authorization to utilize $32,000 in Park Construction Funds for the installation of utility services at the recreation facilities located at the San Bernardino International Airport. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the installation of utility services at the recreation facilities at the San Bernardino International Airport and the use of Park Construction Funds to complete the project in the amount of $32,000 be approved. AUTHORIZATION TO PROCEED - APPROVE PLAN NO. 9513 - VACATE PORTION OF VICTORIA AVENUE, LYING NORTH OF PIEDMONT DRIVE - (Continued from July 1, 1996) (35) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated July 3, 1996, requesting authorization to proceed and approval of Plan No. 9513 for the vacation of that portion of Victoria Avenue, lying north of Piedmont Drive. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the vacation of that portion of Victoria Avenue, lying north of piedmont Drive; and that Plan No. 9513 showing the vacation of that portion of Victoria Avenue, lying north of Piedmont Drive, be approved. RES. 96-239 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $15,075.00 FOR THE FISCAL YEAR 1996/97. (Sl) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 96-239 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 28 7/15/1996 ADJOURNMENT At 6: 30 p. m., the regular meeting adj ourned Monday, July 22, 1996, in the Council Chambers of North "D" Street, San Bernardino, California. (39) to 9: 0 0 a. m. , City Hall, 300 RACHEL G. CLARK City Clerk By , /v ~ ~l'''~~.''--4 L ,<!'~"..} L<a Spzanna Cordova Deputy City Clerk No. of Items: 41 No. of Hours: 8.5 29 7/15/1996