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HomeMy WebLinkAbout08-05-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 5, 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 8:03 a.m., Monday, August 5, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Anderson. City Attorney Penman announced that the following additional case would be discussed in closed session: Russell Tavlor vs. vincent Kerberq/City of San Bernardino - San Bernardino Superior Court Case No. SCV 11040. RECESS MEETING - CLOSED SESSION meeting - page 26) At 8:03 a.m., the Mayor session for the following: (Discussed later in the (1&81) and Common Council recessed to closed 1. Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Michael Shayne Lawhon. Maintenance Co.. et al. Case No. SCV 25826; et al. vs. California Pavement - San Bernardino Superior Court People of the State of California vs. Manta Manaqement/Manta Manaqement Corporation vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Leslie Bond vs. Community Development Commission of the City of San Bernardino. et al. - San Bernardino Superior Court Case No. 276373. 1 8/5/1996 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. CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Anderson. Also present: Senior Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Attorney Meredith A. Jury of Best, Best and Krieger, 800 N. Haven, Suite 120, Ontario, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council while the Council was in closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE ARRIVED At 8:10 a.m., Senior Assistant City Attorney Carlyle arrived at the closed session. ADJOURN CLOSED SESSION At 8:28 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:06 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 city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Miller; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Anderson; city Attorney Penman. 2 8/5/1996 INVOCATION The invocation was given by phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATION - UNITED STATES MARINE CORPS - SIGNIFICANT CONTRIBUTION TO COMMUNITY - 220TH BIRTHDAY (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution recognizing the 220th birthday of the United States Marine Corps and commending the Corps for its significant contributions to the community and positive example for youth. Master Sergeant Harkley, Sergeant Gerald Stout accepted United States Marine Corps. Captain Todd Zink, and Gunnery the resolution on behalf of the CITY ATTORNEY At 9:12 a.m., meeting. PENMAN RETURNED City Attorney Penman returned to the Council PRESENTATION - STATER BROS MARKETS - 60TH ANNIVERSARY (3) J. Markets quality Lorraine Velarde read a resolution honoring Stater Bros on their 60th anniversary and commending them for providing merchandise and service to the Inland Empire. Jack Brown, President, Chairman, and and Susan Atkinson, Public Relations resolution. Chief Executive Officer, Director, accepted the COUNCIL MEMBER NEGRETE RETURNED At 9:15 a.m., Council Member Negrete meeting and took his place at the council returned to the Council table. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (4) Council Member Curlin stated he wanted to recognize and salute the athletes of our Olympic Team, who won so many medals. ANNOUNCEMENT - COUNCIL MEMBER ARIAS (4) Council Member Arias noted that two well-known people had passed away--Manuel Morales, owner of Manuel's Furniture, and Cruz Saenz, a local realtor. 3 8/5/1996 ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman extended condolences to the family of Judy Filanc, a community volunteer, who perished in a fire in her home. ANNOUNCEMENT - COUNCIL MEMBER MILLER (4) Council Member Miller expressed delight that the Inland Empire Symphony had changed its name back to the San Bernardino Symphony Orchestra. ANNOUNCEMENT - MAYOR MINOR (4) Mayor Minor announced that a press conference had been held at the Police Department announcing its reorganization into five areas, with an area commander assigned to each one; and congratulated Police Chief Dean and members of the department on their accomplishments. PUBLIC COMMENTS (5) The following individuals expressed concern regarding the effects of smoking, including second-hand smoke; and opposed smoking in the new San Bernardino Stadium: Silvia Villasenor, 1006 Beverly Road, Corona, CA. Carlos Rodriguez, 370 E. Old Mill Road, Corona, CA. Bob Turley, 1015 Chestnut Avenue, Redlands, CA. Esther Jiminez, 1542 W. Union Street, San Bernardino, CA. Henry Calderilla, 1844 Alston, Colton, CA. Jonathan Calderilla, 1844 Alston, Colton, CA. John Coleman, volunteer with the American Cancer Society. PUBLIC COMMENTS - BOB NEVES (5) Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA, speaking on behalf of citizens with disabilities, registered a complaint regarding the fact that the elevator at the new stadium does not serve the lower level, with only a wheelchair lift being provided to that area; and submitted a letter dated August 5, 1996, regarding same. 4 8/5/1996 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council, be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: June 3, 1996; June 24, 1996. FUNDING REQUEST - $5,000 - SAN BERNARDINO WESTERN LITTLE LEAGUE - FY 1996/97 CIVIC & PROMOTION FUND - $13,600.97 - DEPARTMENTAL COSTS (8) Fred Wilson, Assistant City Administrator, submitted a Staff Report dated July 17, 1996, regarding a request from Little League Baseball for financial assistance from the City for their upcoming Little League Western Regional Tournament. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that direct funding from Fiscal Year 1996-97 Civic and Promotion Fund in the amount of $5,000, and indirect funding for departmental costs in the amount of $13,600.97 be authorized to assist the San Bernardino Western Little League in their 1996 playoff games. ORD MC-978 - 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. Final (10) ORD. MC-979 - 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. Final (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinances be adopted. Ordinance Nos. MC-978 and MC-979 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. 5 8/5/1996 CLAIMS & PAYROLL (15) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated July 23, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (16) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated July 18, 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. 96-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF PINE AVENUE LYING BETWEEN KENDALL DRIVE AND A POINT SOUTH OF IRVINGTON AVENUE TO BAILEY COURT, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (17) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-242 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. SET PUBLIC HEARING - TEMPORARY CLOSURE - DUMAS STREET, FROM WASHINGTON AVENUE TO EAST TWIN CREEK CHANNEL (18) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 16, 1996, regarding setting a public hearing for the temporary closure of Dumas Street, from Washington Avenue to East Twin Creek. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that a public hearing be set for 10:00 a.m., August 19, 1996, to consider the temporary closure of Dumas Street, from Washington Avenue to East Twin Creek Channel, pursuant to Section 21101.4 of the California Vehicle Code, in order to curtail illegal dumping. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED OF A WATERLINE EASEMENT TO THE REDEVELOPMENT AGENCY ACROSS CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF INDUSTRIAL PARKWAY. (14) 6 8/5/1996 Council Member Devlin made a motion, Member Oberhelman, and unanimously carried, tabled. seconded by Council that the matter be COUNCIL MEMBER ARIAS EXCUSED At 9:38 a.m., Council Member Arias left the Council meeting. RES. 96-243 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF AN IN LIEU FEE FROM THE SEWER FUND TO THE CITY'S GENERAL FUND. (9) Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-243 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Arias, Anderson. COUNCIL MEMBER ARIAS RETURNED At 9:40 a.m., Council Member Arias returned to the Council meeting and took her place at the council table. COUNCIL MEMBER NEGRETE EXCUSED At 9:41 a.m., Council Member Negrete left the Council meeting. RES. 96-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (12) Council expressed concern and irritation that people who have been assisted by the City and/or companies such as Southern California Edison and Standard Mortgage do not make an effort to pay for abatement work without the City having to place a lien on their property. Discussion ensued regarding whether it is cheaper for the owners to do the abatement work themselves or to let the City perform the work. City Attorney Penman stated that the City has already taken steps so it would be cheaper for the owners to do the work themselves. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-244 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Negrete, Anderson. 7 8/5/1996 RES. 96-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO ENVIRONMENTAL REFUSE EQUIPMENT OF ARIZONA TO PURCHASE TWO (2) USED BURRO UTILITY COLLECTION VEHICLES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (13) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-245 was adopted by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Negrete, Anderson. COUNCIL MEMBER NEGRETE RETURNED At 9:45 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. AUTHORIZE EXECUTION - TRAFFIC SAFETY PROJECT AGREEMENT - STATE OF CALIFORNIA - OFFICE OF TRAFFIC SAFETY (OTS) GRANT TO FINANCE ACQUISITION - TRAFFIC ACCIDENT RECORDS & ENGINEERING SYSTEM - $25,000 (See related Item No. ASl - page 23) (23) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated June 20, 1996, regarding execution of a Traffic Safety Project Agreement with the State of California, Office of Traffic Safety, for a $25,000 grant to finance the acquisition of a traffic accident records and engineering system. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that authorization be granted for the Traffic Engineer, Director of Finance, and Director of Public Works/City Engineer to execute a Traffic Safety Project Agreement with the State of California, Office of Traffic Safety, relative to a $25,000 grant to finance the acquisition of a traffic accident records and engineering system. RES. 96-246 - 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 CURTIS STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH GOULD STREET. (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96 -246 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. 8 8/5/1996 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF", TO ESTABLISH NO PARKING ANY TIME ZONES ON "E" STREET FROM MILL STREET TO FIVE HUNDRED FEET NORTH OF MILL STREET, APPLICABLE TO THE EAST SIDE ONLY; ON "E" STREET FROM TWO HUNDRED FIFTY FEET NORTH OF VALLEY STREET TO TWO HUNDRED FEET NORTH OF ATHOL STREET, APPLICABLE TO THE WEST SIDE ONLY; ON MILL STREET FROM "E" STREET TO "H" STREET; ON RIALTO AVENUE FROM THREE HUNDRED FEET EAST OF "I" STREET TO "E" STREET; AND TO ESTABLISH NO PARKING ZONES FROM SEVEN P.M. TO SEVEN A.M. ON ATHOL STREET FROM "E" STREET TO STODDARD AVENUE; AND ON "E" STREET FROM MILL STREET TO RIALTO AVENUE, APPLICABLE TO THE EAST SIDE ONLY. (2SA) 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 EXPANSION OF THE EXISTING TWO-HOUR PARKING LIMITATIONS TO INCLUDE SUNDAYS, ON "E" STREET BETWEEN MILL STREET AND RIALTO AVENUE, AND, ON ATHOL STREET BETWEEN "E" STREET AND STODDARD AVENUE. (2SB) 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 19, 1996 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO THE AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) . (26) Council Member Devlin made a motion, seconded Member Miller, that said resolution be adopted. (Note: was withdrawn following discussion.) by Council The motion Discussion ensued regarding the fact that the Inland Valley Development Agency (IVDA) Board currently has nine members, with the City of San Bernardino having three votes, and the proposed restructuring would reduce the Board to six members, with the City of San Bernardino having two votes. It was noted that even though the percentage remains the same, there are times when the percentages are not representative of the actual impact of the vote. It was also noted that this restructuring was predicated on the City of Highland joining the IVDA, which they had not yet done. Mayor Minor stated he really supported a seven-member board, with the City having three votes. 9 8/5/1996 council Member Devlin withdrew his motion. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be tabled. URGENCY ORDINANCE AMENDING CHAPTER 19.06, SECTION 19.06.030 (2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ADULT BUSINESS. Urqency (27) Note: The ordinance was not distributed with the backup and, therefore, will not be available for reference. City Attorney Penman asked the Council to table this matter, since the urgency ordinance had been enacted at a special meeting of the Mayor and Common Council held on July 31, 1996. Council Member Miller made a motion, Member Oberhelman, and unanimously carried, tabled. seconded by Council that the matter be APPROVE PLANS COUNCIL CHAMBERS IMPROVEMENT PLAN AUTHORIZE ADVERTISEMENT FOR BIDS - AMERICANS WITH DISABILITIES ACT (ADA) (28) James Sharer, Facilities Manager, submitted a Staff Report dated July 22, 1996, regarding approval of plans and authorization to advertise for bids for the improvement plans to retrofit the council chambers, which would correct certain deficiencies and bring the chambers into compliance with the Americans with Disabilities Act. Council Member Arias made a motion, seconded by Council Member Oberhelman, that the Council Chamber Americans with Disabilities Act (ADA) Improvement Plan be approved; and that the Director of Facilities Management be directed to go out for bid. (Note: The motion was subsequently amended.) Facilities Manager Sharer explained the modifications proposed for the council chambers, stating that they would cost approximately $84,000, and were being made at this time because the State Attorney General's Office had received a complaint that the council chambers were not accessible to individuals with disabilities. It was suggested that the speaker's podium on the north side of the chambers be moved a few feet south to enable the Council members at the north end of the dais to see it more easily. Discussion ensued regarding various ways of resolving the issue of where to place the podium and still be in compliance with the requirements of the Americans with Disabilities Act. 10 8/5/1996 Ruthee Goldkorn, 24750 Fair Dawn Lane, Moreno Valley, CA, adamantly declared that the City was in violation of the Brown Act, that the City has had years to comply with the Americans with Disabilities Act, and that Sturges Auditorium is in noncompliance as there is no seating for disabled persons; and spoke of contacting the District Attorney to file criminal charges against the City for alleged violations of the Brown Act. City Attorney Penman suggested adding the words, "subject to review and approval by the State Attorney General's Office" to the motion. Council Member Arias amended her motion, seconded by Council Member Oberhelman, and unanimously carried, that the Council Chamber Americans with Disabilities Act (ADA) Improvement Plan be approved; and that the Director of Facilities Management be directed to go out for bid, subject to review and approval by the State Attorney General's Office. RECESS MEETING At 10:10 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:18 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Anderson. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3337 - DEMOLISH BUILDING - 596 N. CABRERA AVENUE - NICOLAS ROSA (Continued from July 1, 1996) (19) Mayor Minor opened the hearing. Al Boughey, Director of Planning and Building Services, gave a brief synopsis of past actions surrounding this case. 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 the findings of the Board of Building Commissioners and find that a nuisance existed at the time of original inspection and continues to exist, that within ten (10) days the owner must obtain the required permits to demolish the abandoned structure, and that work is to be completed within 30 days. All work completed must be inspected and approved by the Inspection Services Division. 11 8/5/1996 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3220 580 W. UNION STREET JACQUE LYNN LEE (Continued from July 15, 1996) (20) Mayor Minor opened the hearing. Al Boughey, Director of that when City crews went illegally occupied. Planning and Building Services, noted in to secure the property it was Jacquelynn Lee, 138 E. 39th Street, San Bernardino, CA, owner of the property, presented an overview of her attempts to evict the undesirable occupants, who were occupying the structure against her wishes and without her permission, and her plans for renovation of the property. Ms. Lee stated that the fees charged for securing the property were exorbitant and requested that the charges be waived. In addition, she requested that the appeal continuation fee of $75.00 also be waived. Discussion ensued regarding the efforts made by Ms. Lee to comply with the City's demands and what the fees charged by the City actually covered. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold Order No. 3220 of the Board of Building Commissioners and deny the appeal. PUBLIC HEARING - STREET VACATION - RESOLUTION ORDERING VACATION - PORTION OF THIRD STREET - BETWEEN VIADUCT BOULEVARD & MT. VERNON AVENUE (21) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 15, 1996, regarding the vacation of a portion of Third Street, lying between Viaduct Boulevard and Mt. Vernon Avenue. Mayor Minor opened the hearing. Director Hardgrave explained that the proposed vacation had been requested by San Bernardino Associated Governments (SANBAG) in order to expand the parking lot for the Metrolink station. He noted that all affected utility companies and City departments were notified, and only the City of San Bernardino Municipal Water Department had requested reservation of an easement for their existing facilities. Responding to an inquiry by Council, victoria Baker of SANBAG stated that they do have a grant for renovation of the depot; however, there are certain requirements that must be met before the funding can be released. She stated that cleaning and clearing of the area should be accomplished this fiscal year. 12 8/5/1996 RES. 96-247 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THIRD STREET LYING WEST OF VIADUCT BOULEVARD AND EAST OF MOUNT VERNON AVENUE AND RESERVING AN EASEMENT THEREIN FOR WATER UTILITY PURPOSES. (21) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing be closed and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that portion of Third Street, lying west of Viaduct Boulevard and east of Mt. Vernon Avenue, is no longer necessary for public street purposes, be approved; and that said resolution be adopted. The motion carried, and Resolution No. 96-247 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Miller. Nays: None. Absent: Anderson. was adopted by Curlin, Arias, Council Member CITY ATTORNEY PENMAN EXCUSED At 10:49 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. PUBLIC HEARING - RESOLUTION ORDERING WORK & CONFIRMING 1996/97 ASSESSMENT ROLL - KENDALL DRIVE & PINE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1017 (22) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated July 16, 1996, confirmation of the 1996/97 assessment roll for Maintenance Assessment District No. 1017 in the Kendall pine Avenue area. Engineer, regarding Landscape Drive and Mayor Minor opened the hearing. Director Hardgrave been requested by 100 district. stated that this assessment district had percent of the property owners in the Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, stated that she did not believe this could be a bona fide public hearing since there are no homeowners in the assessment district. She questioned whether the homeowners are notified that there is an assessment district prior to purchasing the homes. Staff noted that the developer is required by law to disclose this information to potential buyers. 13 8/5/1996 RES. 96-248 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IMPROVEMENTS IN THE AREA OF KENDALL DRIVE AND PINE AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1017, ORDERING THE WORK, CONFIRMING THE 1996/97 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (22) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the public hearing relative to the formation of the Kendall and Pine Area Landscape Maintenance Assessment District (AD 1017) be closed and protests, if any, be overruled; and that said resolution be adopted. The motion carried, and Resolution No. 96-248 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Miller. Nays: None. Absent: Anderson. was adopted by Curlin, Arias, Council Member RECESS MEETING At 10:54 a.m., Mayor Minor declared a five-minutes recess. RECONVENE MEETING At 11:02 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Member Anderson. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 10:54 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. 14 8/5/1996 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Communi ty RECESS MEETING At 12:03 p.m., 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 2:06 p.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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Council Member Anderson. COMMENDATION CHRISTINE E. WHITE CONTRIBUTIONS - TRANSPORTATION ISSUES SIGNIFICANT (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Christine E. White, a Legislative Assistant with Senator Bill Leonard's Office who specializes in transportation issues, for her significant contributions to the completion of the new Caltrans building and Route 30. Ms. White accepted her commendation. ANNOUNCEMENT - MAYOR MINOR (4) Mayor Minor introduced a group of police Explorer Scouts from Myrtle Creek, Oregon, who were accompanied by Jerry Cook, a former Sergeant with the San Bernardino Police Department, and his wife, Patty. APPEAL HEARING PLANNING COMMISSION'S DENIAL CONDITIONAL USE PERMIT NO. 96-02 & VARIANCE NO. 96-03 - CARWASH ADDITION TO SHELL GAS STATION 1930 SOUTH WATERMAN AVENUE - A & S ENGINEERING SERVICES (Continued from July 15, 1996) (33) Al Boughey, Director of Planning and Building submitted a Staff Report dated July 27, 1996, regarding of the Planning Commission's denial of Conditional Use 96-02 and Variance No. 96-03. Services, the appeal Permit No. Mayor Minor opened the hearing. 15 8/5/1996 Ahmad Ghaderi, A & S Engineering Services, 207 W. Alameda, #202, Burbank, CA, explained the changes which had been made to the site plan, including removal of the vacuum unit and reduction in the size of the carwash and submitted copies of the revised plans. Mr. Ghaderi stated that this was not a full service carwash, but a self-serve carwash to be used by their customers. Al Boughey, Director of Planning and Building Services, stated that even with the plan changes, staff was still recommending denial of the appeal. He noted that freestanding carwashes are not allowed in the proposed location and the applicants did not meet the standards for a variance; and although the plan changes would help the congestion problem to some degree, it was impossible to mitigate this problem altogether, as the site is just too small for what is being proposed. Pete Stratz, Shell Oil Products Company, 3200 E. Inland Empire Boulevard, Suite 270, Ontario, CA, stated that the main thrust of this particular gas station is the sale of gasoline, and the carwash would be an incentive for those customers who make a $5 purchase to buy more gasoline. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council close the public hearing, deny the appeal, and uphold the Planning Commission's denial of Conditional Use Permit No. 96-02 and Variance No. 96-03, based on the Findings of Fact in Attachment "D" of Exhibit Four of the Staff Report dated May 27, 1996, from Al Boughey, Director of Planning and Building Services. The motion carried by the following vote: Members Curlin, Arias, Oberhelman, Devlin, Miller. Member Negrete. Absent: Council Member Anderson. Ayes: Nays: Council Council MAYOR MINOR EXCUSED At 2:31 p.m., Mayor Minor left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Oberhelman. PUBLIC HEARING - FENCE STANDARDS July 1, 1996) DEVELOPMENT CODE AMENDMENT NO. 94-07 - (CHAIN LINK FENCING) (Continued from (34) Mayor Pro Tem Oberhelman opened the hearing. Al Boughey, Director of Planning and Building presented an overview of how the fencing standards would if Development Code Amendment No. 94-07 was approved. Services, be amended Billie Carter, 695 W. Evans Street, San Bernardino, CA, explained why her landlord had erected a chain link fence at her residence and voiced support of chain link fencing. 16 8/5/1996 Ralph Robles, a resident of Grand Terrace and Ms. Carter's landlord, explained why he erected a chain link fence for his tenant at 695 W. Evans Street, San Bernardino, CA. Council Member Curlin made a motion, seconded by Council Member Arias, that Option No. 3 (on page 4 of the Staff Report dated June 17, 1996), to permit a maximum of four feet of chain link fencing in front yards and side street yards in all residential land use designations, be approved. (Note: There was no vote taken.) Director Boughey stated he would recommend Option No. 4 instead of Option No.3, as it is basically the same recommendation, but would limit the chain link fencing to single- family uses. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern regarding planned unit developments and whether chain link fences would be allowed within said developments. Discussion ensued regarding the proposed Development Code amendment and whether the City would aggressively enforce an ordinance that specifically prohibits chain link fences in certain areas, the fact that the Development Code is generally related to new development, and the fact that the new mandates would not apply to existing fences. City Clerk Rachel Clark read a letter dated August 2, 1996, from Dr. Pamela J. Miller, 6836 Palm Avenue, Highland, CA, in which she suggested a height increase only, not a change in building materials, for the front of property currently zoned with a setback of 150 feet from the street; and expressed support for the use of chain link fencing. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19.20.030(8), "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. First (34) It was recommended that the Council take action to close the public hearing separately from any action taken regarding the fencing standards. Council Member Curlin made a substitute motion, seconded by Council Member Devlin, and unanimously carried, to close the public hearing. Council Member Curlin made a motion, seconded by Council Member Arias, that Option No.4, as amended, to permit a maximum of four feet of chain link fencing for single-family uses and duplexes in the front yards and side street yards in all residential land 17 8/5/1996 use designations, be approved. The mot ion Members Negrete, Devlin, Miller. failed by the following vote: Ayes: Council Curlin, Arias. Nays: Council Members Oberhelman, Absent: Council Member Anderson. There was no further action taken on this matter. DEPUTY CITY ATTORNEY EMPENO & DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED At 3:13 p.m., Deputy City Attorney Empeno and Director of Planning and Building Services Boughey left the Council meeting and were replaced by City Attorney Penman and City Administrator Shauna Clark, respectively. AUTHORIZATION TO PROCEED - PHASE II - DEVELOP MATERIAL RECOVERY FACILITY & TRANSFER STATION (MRF/TS) (29) James Howell, Director of Public Services, submitted a Staff Report dated July 17, 1996, regarding authorization to proceed with the second phase of the development of a Material Recovery Facility and Transfer Station for the city. Lynn Merrill, Recycling Coordinator, Public Services Department, stated that the first step of Phase II would be to conduct a feasibility study and the second step would be to develop the Request for Proposal (RFP). Discussion ensued regarding the $70,000 needed for the feasibility study and development of the RFP, the fact that this would be a partnership between the City and the company selected to operate the MRF/TS, and why the City is paying for the feasibility study instead of the anticipated operator conducting the feasibility study and trying to convince the City that we should become their partner. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, inquired as to whether this was going to cost the public any money. Council Member Curlin made a motion, seconded by Council Member Negrete, that staff be authorized to proceed with Phase II of the Material Recovery Facility/Transfer Station Program, to present to Council for its approval the agreement for the technical support services to provide assistance to staff, to present to Council the results of the feasibil ity study, and to secure authorization of the Council to proceed with the development of the Request for Proposal for the Material Recovery Facility/Transfer Station based on the recommendations set forth in the feasibility study. 18 8/5/1996 The motion carried by the following vote: Ayes: Members Negrete, Curlin, Devlin, Miller. Nays: Council Arias, Oberhelman. Absent: Council Member Anderson. Council Members CITY ATTORNEY PENMAN EXCUSED At 3:33 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.32.050, 13.32.120, 13.32.140, 13.32.150, 13.32.160, 13.32.170, 13.32.180 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING SECTION 13.32.215 TO SAID CODE RELATING TO DISCHARGE OF DOMESTIC LIQUID WASTE INTO THE SEWAGE TREATMENT SYSTEM OF THE CITY. First (30) Council stated that prior to acting on this matter they would like to have Bernard Kersey, General Manager, Water Department, explain the necessity of taking this action. Council Member Miller made a motion, seconded Member Negrete, and unanimously carried, that the continued to the Mayor and Common Council meeting of 1996 . by Counc i 1 matter be August 19, RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1996-1997. (Continued from July 15, 1996) (Discussed later in the meeting - see page 25) (31) Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. (Note: There was no vote taken.) Council had questions regarding the projected contingency revenues and wanted more time to review some of the budget details; therefore, it was the consensus of Council that the matter be continued to later in the meeting. COUNCIL MEMBER CURLIN EXCUSED At 3:45 p.m., Council Member Curlin left the Council meeting. RES. 96-249 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE OSBORNE DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION; RELATIVE TO ESTABLISHMENT OF AN ASSESSMENT DISTRICT IN CONNECTION WITH DEVELOPMENT OF TRACT NO. 14448. (Continued from July 15, 1996) (32) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. 19 8/5/1996 Resolution No. 96-249 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Curlin, Anderson. COUNCIL MEMBER CURLIN RETURNED At 3:51 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. A RESOLUTION OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 1996/97. (NB1) City Administrator Shauna Clark explained that this item had inadvertently been left off the agenda; however, Council needed to act on it today because the County had a deadline for receiving this information in order for it to be placed on the tax rolls. Council Member Miller made a motion, seconded by Council Member Devlin, that the need to take action arose after the posting of the agenda. (Note: There was no vote taken.) City Attorney Penman suggested that Council continue the matter for two or three days and post a new agenda, since there were other items on the agenda that needed to be continued also. COUNCIL MEMBER MILLER EXCUSED At 3:55 p.m., Council Member Miller left the Council meeting. Council Member Arias made a substitute motion, seconded by Council Member Curlin, that the matter be continued to 6:00 p.m., Thursday, August 8, 1996, in the Council Chambers of City Hall. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman. Nays: Council Member Devlin. Absent: Council Members Anderson, Miller. COUNCIL MEMBER MILLER RETURNED At 3:57 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION AND REPEALING RESOLUTION NO. 96-241. (Discussed later in the meeting - page 25) (S2) City Attorney Penman explained that Resolution No. 96-241, which approved a proposed charter amendment allowing the Mayor to have a veto in Economic Development Agency actions just as he does in City matters and presenting the question to the voters, contained erroneous language which referred to the "Redevelopment 20 8/5/1996 Commission" when it should have read "Community Development Commission." Mr. Penman recommended that the Council direct the City Clerk to change the words on the ballot measure from "Redevelopment Commission" to "Community Development Commission", the actual name of the Commission. Those Council ballot expressed language, it could measure itself. members opposed to placing this measure on the concern that if they voted to correct the be misconstrued as a vote in favor of the ballot City Attorney Penman stated that regardless of their position relative to placing the measure on the ballot, it is "bad business" to place it on the ballot with an error. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the matter be continued to 6: 00 p. m., Thursday, August 8, 1996, in the Council Chambers of City Hall. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Miller. Nays: Members Curlin, Arias. Absent: Council Member Anderson. Council Council Council Member Devlin changed his "yes" vote to a "no." The motion failed by the following vote: Members Negrete, Oberhelman, Miller. Nays: Curlin, Arias, Devlin. Absent: Council Member Ayes: Council Anderson. Council Members Gil Navarro, Regional Director, Mexican-American Political Association, stated that the organization's State National Convention had been held in San Bernardino and had unanimously voted to approve a resolution opposing Senate Bill 2112. Mr. Navarro read said resolution into the record and presented a copy to City Clerk Rachel Clark. Ci ty Clerk Rachel Clark reiterated the need to change the language of the ballot measure prior to publication. No further action was taken on this matter. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 4:19 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Steinhaus. Council Agency 21 8/5/1996 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 4:22 p.m., Vice Chairman Oberhelman reconvened 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. JOINT PARK JOINT CITY ATTORNEY PENMAN EXCUSED At 4:22 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council, be waived. APPROVE PLAN NO. 9521 - AUTHORIZE ADVERTISEMENT FOR BIDS - REPLACE RESTROOM BUILDINGS - MEADOWBROOK & NUNEZ PARKS (RS) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated July 30, 1996, regarding approval of plans and authorization to advertise for bids for replacement of restroom buildings at Meadowbrook and Nunez Parks. Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for the replacement of restroom buildings in Meadowbrook Park and Nunez Park, in accordance with Plan No. 9521, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-250 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CASA DE SAN BERNARDINO, INC. (R6) Council Member Arias made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-250 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Counci: Member Anderson. 22 8/5/1996 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 7:02 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER CURLIN EXCUSED At 7:05 p.m., Council Member Curlin left the Council meeting. ECONOMIC DEVELOPMENT EXCUSED At 7: 08 p. m. , Steinhaus left the Administrator Shauna AGENCY ADMINISTRATOR STEINHAUS Economic Development Agency Administrator Council meeting and was replaced by City Clark. RES. 96-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRAFFIC SAFETY PROJECT AGREEMENT WITH THE STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY RELATIVE TO A GRANT TO FINANCE THE ACQUISITION OF A TRAFFIC ACCIDENT RECORDS AND ENGINEERING SYSTEM. (See related Item No. 23 - page 8) (AS1) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-251 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Curlin, Anderson. RES. 96-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1996 THROUGH JUNE 30, 1997. (S3) Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 96-252 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Curlin, Anderson. AUTHORIZATION TO HIRE - MICHAEL D. LUMPKIN - TEMPORARY GENERAL BUILDING INSPECTOR - PLANNING & BUILDING SERVICES (Discussed later in the meeting - page 25) (S4) 23 8/5/1996 Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated July 25, 1996, regarding authorization to hire a temporary general building inspector in the Planning and Building Services Department. Council Member Miller made a motion, seconded by Council Member Devlin, that the Mayor and Council authorize the Department of Planning and Building Services to hire a temporary general building inspector and approve the personnel action form to hire Michael D. Lumpkin. The Members Negrete, motion failed by the following vote: Oberhelman, Devlin, Miller. Nays: Arias. Absent: Council Members Curlin, Ayes: Council Council Members Anderson. RES. 96-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO FILE A LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION WITH THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE (BJA) ON BEHALF OF THE POLICE DEPARTMENT FOR THE ACQUISITION OF REPLACEMENT COMPUTER AIDED DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEM (RMS) COMPUTER SYSTEMS. (SS) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-253 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members Curlin, Anderson. RES. 96-254 AUTHORIZING BERNARDINO RELATING TO - RESOLUTION OF THE CITY OF AN AGREEMENT BETWEEN THE AND CAL DISPOSAL COMPANY REFUSE DISPOSAL. SAN BERNARDINO CITY OF SAN INCORPORATED, (S6) City Attorney Penman stated he had declared a conflict of interest on this item and had asked Attorney Timothy Sabo, Sabo & Green, 201 North "E" Street, Second Floor, San Bernardino, CA, to review the resolution and agreement. Council Member Arias stated she would abstain from voting on this matter because she believed she may have a conflict of interest. Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-254 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Miller. Nays: None. Abstain: Council Member Arias. Absent: Council Members Curlin, Anderson. 24 8/5/1996 AUTHORIZATION TO HIRE - MICHAEL D. LUMPKIN - TEMPORARY GENERAL BUILDING INSPECTOR - PLANNING & BUILDING SERVICES (Discussed earlier in the meeting - page 23) (S4) Council Member Devlin made a motion, seconded by Council Member Miller, to reconsider previous action taken by the Mayor and Council regarding authorization for the Department of Planning and Building Services to hire a temporary general building inspector and approval of the personnel action form to hire Michael D. Lumpkin. The Members Negrete, motion failed by the following vote: Ayes: Council Oberhelman, Devlin, Miller. Nays: Council Members Arias. Absent: Council Members Curlin, Anderson. COUNCIL MEMBER CURLIN RETURNED At 7:19 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION AND REPEALING RESOLUTION NO. 96-241. (Discussed earlier in the meeting - page 20) (S2) NOTE: Although the Council did not vote to reconsider Agenda Item S2, the following action was taken at this time: City Attorney Penman and City Clerk Rachel Clark advised the Council of the importance of changing the wording on the ballot measure to reflect "Community Development Commission" rather than "Redevelopment Commission." Council Member Oberhelman made a motion, seconded by Council Member Arias, that the City Clerk be directed to correct the words on the actual ballot measure from Redevelopment Commission to Community Development Commission. The motion failed by the following vote: Ayes: Members Arias, Oberhelman. Nays: Counc il Members Negrete, Devlin, Miller. Absent: Council Member Anderson. Council Curlin, RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1996-97. (Discussed earlier in the meeting - page 19) (31) Council Member Curlin made a motion, seconded by Council Member Miller, that the matter be continued to the Mayor and Common Council meeting of August 19, 1996. 25 8/5/1996 The motion carried by the following vote: Members Negrete, Curlin, Arias, Oberhelman, Miller. Member Devlin. Absent: Council Member Anderson. Ayes: Nays: Council Council COUNCIL MEMBER CURLIN EXCUSED At 7:28 p.m., Council Member Curlin left the Council meeting. RECESS MEETING - CLOSED SESSION the meeting - page 1) (Discussed earlier in (1&51) NOTE: Al though both the Mayor and Common Community Development Commission recessed to closed Mayor and Common Council items are noted below. Council session, and only At 7: 2 9 Development following: p.m., the Commission Mayor and Common Council and Community recessed to closed session for the 1. Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Michael Shayne Lawhon, Maintenance Co., et al. Case No. SCV 25826; et al. vs. California Pavement - San Bernardino Superior Court People of the State of California vs. Manta Manaqement!Manta Manaqement Corporation vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Leslie Bond vs. Community Development Commission of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. 276373; Russell Tavlor vs. Vincent Kerberq!City of San Bernardino - San Bernardino Superior Court Case No. SCV 11040. 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: CLOSED SESSION At 7:29 p.m., Mayor Pro Tem Oberhelman called session to order in the conference room of the Council City Hall. the closed Chambers of 26 8/5/1996 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Oberhelman; Council Members Negrete, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Mayor Minor; Council Members Curlin, Anderson; City Administrator Shauna Clark. Also present: Senior Assistant City Attorney Barlow; Special Counsel Sabo, Agency Administrator Steinhaus, and Development Department Director Winkler, Economic Development Agency. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 7:34 p.m., City Administrator Shauna Clark arrived at the closed session. SPECIAL COUNSEL SABO, AGENCY ADMINISTRATOR STEINHAUS & DEVELOPMENT DEPARTMENT DIRECTOR WINKLER, ECONOMIC DEVELOPMENT AGENCY, EXCUSED At 7:39 p.m., Special Counsel Sabo, Agency Administrator Steinhaus, and Development Department Director Winkler, Economic Development Agency, left the closed session. ADJOURNMENT - CLOSED SESSION/REGULAR MEETING (1&35) At 7:44 p.m., the closed session adjourned, and the regular meeting of the Mayor and Common Council adjourned to 6:00 p.m., Thursday, August 8, 1996, in the Council Chambers of City Hall. RACHEL G. CLARK CITY CLERK BY '1 if::;'~aJ:5cf Deputy City Clerk No. of Items: 46 No. of Hours: 9.75 27 8/5/1996