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HomeMy WebLinkAbout12-16-1996 Minutes MINUTES MAYOR AND COMMON COrNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 16, 1996 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:01 a.m., Monday, December 16, 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 Curlin, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Acting City Administrator Wilson. Absent: Council Members Negrete, Arias, Miller. City Attorney Penman announced that the following additional case would be discussed in closed session: GAEA Eauitus Bernardino, et No. SCV 28589. Corporation, et al. vs. citv of San al. - San Bernardino Superior Court Case RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 5) (1) At 8:02 a.m., the Mayor and Common Council and Community Development Commission 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}: Bell. John Lee vs. D. Keil. et al. United States District Court Case No. CV 95-4321 WDK (JGx); People of the State of California vs. Manta Manaaement/Manta Manaaement Corporation vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. 1 12/16/1996 C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. CLOSED SESSION At 8:02 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 Curlin, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Acting City Administrator Wilson. Absent: Council Members Negrete, Arias, Miller. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Economic Development Agency Administrator Steinhaus; and Attorney Jim Odlum of Mundell, Odlum and Haws, 275 W. Hospitality Lane, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular 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 while the Mayor and Common Council and Community Deve~opment Commission were in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:10 a.m., Council Member Miller arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO, ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS AND ATTORNEY JIM ODLUM EXCUSED At 8:14 a.m., Deputy City Attorney Empeno, Economic Development Agency Administrator Steinhaus and Attorney Jim Odlum of Mundell, Odlum and Haws, 275 W. Hospitality Lane, San Bernardino, CA, left the closed session. ADJOURN CLOSED SESSION At 8:24 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 2 12/16/1996 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; Acting City Administrator Wilson. Absent: Council Members Negrete, Arias. INVOCATION The invocation was given by Pastor Paul Reinhard, Calvary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. APPOINTMENTS - COUNCIL MEMBER ARIAS & MAYOR MINOR (2) eOUNeIL MEMBER ARIAS Animal Advisory Commission - Ralph M. Botello MAYOR MINOR Fire Commission - John Zavela Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments of Ralph M. Botello to the Animal Advisory Commission and John Zavela to the Fire Commission, as requested by Council Member Arias and Mayor Minor, respectively, be approved. PRESENTATION SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS LOCAL 891 - SAN BERNARDINO COUNTY MEDICAL CENTER BURN WARD - $5,000 DONATION (3) Skip Kulikoff, President, San Bernardino City Professional Firefighters Local 891, presented a c~eck to the San Bernardino County Medical Center Burn Ward in the amount of $5,000. Doctor David Vannix, San Bernardino County Medical Center Burn Ward, accepted the donation and expressed his appreciation. PRESENTATION SAN FIREFIGHTERS LOCAL 891 $2,848 DONATION BERNARDINO CITY PROFESSIONAL - MUSCULAR DYSTROPHY ASSOCIATION - (3) Skip Kulikoff, President, San Bernardino City Professional Firefighters Local 891, presented a check to the Muscular Dystrophy Association in the amount of $2,848. Ben Lerner and Brian Ferrar, Muscular Dystrophy Association, accepted the donation, expressed their appreciation and presented a plaque to the firefighters association. 3 12/16/1996 COMMENDATION - JOHN TRAVERS - PLANNING COMMISSION (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending John Travers for his outstanding service to the Planning Commission. Mr. Travers accepted the resolution. PRESENTATION - NATIONAL SYSTEM MASCOT NAMING WORKS/ENGINEERING POLLUTION DISCHARGE ELIMINATION & COLORING CONTEST PUBLIC (3) Gene Klatt, Assistant City Engineer, presented awards to the following youth participants of the National Pollution Discharge Elimination System mascot naming and coloring contest: Lauren Cluck - coloring contest winner. Brittney Lapham - coloring contest winner. Dorsey LaShay - coloring contest winner. Zachary Williams - naming contest winner. Joseph Navarrete - naming contest winner. COMMENDATION CHRISTINE MC PHAIL PUBLIC WORKS/ENGINEERING - SUCCESSFUL COMPLETION OF THE NATIONAL LANDSCAPE ARCHITECTURE EXAM (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Christine Mc Phail, Public Works/Engineering, for her successful completion of the national landscape architecture exam. Ms. Mc Phail accepted the resolution. PRESENTATION OFFICIAL CITY ATTORNEY TIGER ASSISTANT CITY ATTORNEY BARLOW SENIOR (3) City Attorney Penman explained that after nine years of working for the city, Senior Assistant City Attorney Barlow will be leaving to accept a position with the City of Burbank, and presented Mr. Barlow with the "official city attorney tiger" for his dedicated service. 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: 4 12/16/1996 Name Department Margaret Schwartz Norma Lambson John Kramer Library Library Parks, Recreation & Community Svcs. Police Police Police Police Police Police Police Public Services San Bernardino Employment & Training Agency Teri Newcomer Michael Roche Robert Valkenburg David Snell Robert Curtis, Jr. James Tossetti Dan Blum Julie Hiatt Richard Perkins Years of Service 15 year pin 25 year pin 15 year pin 10 year pin 10 year pin 20 year pin 25 year pin 25 year pin 25 year pin 25 year pin 5 year pin 5 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBERS ANDERSON AND OBERHELMAN & CITY CLERK RACHEL CLARK (4) Council Members Anderson and Oberhelman and City Clerk Rachel Clark extended holiday wishes to the residents and employees of the city. CLOSED SESSION ANNOUNCEMENT - (Discussed earlier meeting - page 1) in the (1) City Attorney Penman announced that the following additional cases had been discussed in closed session: Yousef Samano et al.. vs. citv of San Bernardino. et al. United States District Court Case No. 93-0448 CBM; Tomas Armendariz. et al. vs. James F. Penman. et al. - United States District Court Case No. CV 91-5757 CBM. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin wished everyone a happy holiday, acknowledged the many blessings we have within this Country and urged the city officials not to yiel:i to threats, but to make decisions based on conscience. PUBLIC COMMENTS - NORMAN LUBINSKY (5) Norman Lubinsky, 635 distributed pictures of requested that the Mayor chain-link fencing. W. Highland Avenue, San Bernardino, CA, his businesses within the city and and Council allow the installation of 5 12/16/1996 PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 1622 Guthrie, San Bernardino, CA, expressed concern regarding the local drug war. PUBLIC COMMENTS - SKIP KULIKOFF (5) Skip Kulikoff, President, San Bernardino City Professional Firefighters Local 891, requested that ~he residents support their blood drive being sponsored on Decembel- 17,1996, from 10:00 a.m. through 4:00 p.m., at the San Bernardino Blood Bank. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Curlin, 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. RES. 96-370 - 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. ( 7 ) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 96-370 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Negrete, Arias. CLAIMS AND PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated December 11, 1996, from the Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 5, 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. 6 12/16/1996 ORD. Me-988 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A FIFTY-FIVE MILE PER HOUR SPEED LIMIT ON BASE LINE STREET BETWEEN MERIDIAN AVENUE AND CALIFORNIA STREET, A FIFTY MILE PER HOUR SPEED LIMIT ON KENDALL DRIVE BETWEEN REVERE AVENUE AND PALM AVENUE, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON LITTLE MOUNTAIN DRIVE BETWEEN MARSHALL BOULEVARD AND NORTHPARK BOULEVARD, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON HUNTS LANE BETWEEN BARTON ROAD AND COMMERCIAL ROAD, A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON TIPPECANOE AVENUE BETWEEN MILL STREET AND THIRD STREET, AND A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON SAN BERNARDINO AVENUE BETWEEN TIPPECANOE AVENUE AND MOUNTAIN VIEW AVENUE. Final (10) RES. 96-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MOODY CONSTRUCTION FOR INSTALLATION OF A HANDICAP RAMP AND RESTROOM REMODEL FOR THE COUNCIL CHAMBERS IN CITY HALL. (11) RES. 96-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 974, 975, 981, 986, 989, 1001 AND 1007. (12) RES. 96-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 993 AND 1005. (13) RES. 96-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 1017. (14) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said ordinance and resolutions be adopted. Ordinance No. MC-988 and Resolution Nos. 96-371, 96-372, 96- 373 and 96-374 were adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Negrete, Arias. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF VICTORIA AVENUE NORTH OF PIEDMONT DRIVE AND RESERVING EASEMENTS FOR PUBLIC UTILITIES AND INGRESS AND EGRESS THEREIN. (18) Roger Hardgrave, Director answered questions concerning the Lynwood and Victoria. of Public WorkS/Engineering, traffic at the intersection of 7 12/16/1996 Council Member Anderson made a motion, seconded by Council Member Curlin, that said resolution be adopted. The motion Members Curlin, Devlin, Miller. failed by the following vote: Ayes: Council Anderson. Nays: Council Members Oberhelman, Absent: Council Members Negrete, Arias. APPROVE PLAN NO. 9578 - MODIFY TRAFFIC STREET, AT "G" & "F" STREETS & SIERRA ADVERTISEMENT FOR BIDS SIGNALS - FIFTH WAY - AUTHORIZE (19) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated November 25, 1996, concerning the modification of traffic signals on Fifth Street, at "G" and "F" Streets and Sierra Way. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for modifying the traffic signals on Fifth Street, at "G" Street, "F" Street and Sierra Way, in accordance with Plan No. 9578, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9617 INSTALL PUMPING EQUIPMENT DOMESTIC & IRRIGATION WATER WELLS - SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT AUTHORIZE ADVERTISEMENT FOR BIDS (20) Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated December 4, 1996, concerning the installation of domestic and irrigation water wells at the San Bernardino Trade Center and Internatior:al Airport. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for furnishing and installing pump equipment for the domestic water well and the irrigation water well, at San Bernardino Trade Center and International Airport, in accordance with Plan No. 9617, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9479 - IMPROVE ART TOWNSEND DRIVE & OTTO GERICKE DRIVE SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT - AUTHORIZE ADVERTISEMENT FOR BIDS (21) Roger submitted a improvement Hardgrave, Director of Public Works/Engineering, Staff Report dated December 2, 1996, concerning the of Art Townsend Drive and Otto Gericke Drive. A discussion was held concerning the proposed development within the area of Art Townsend Drive and Otto Gericke Drive. 8 12/16/1996 Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for improvement of Art Townsend Drive and Otto Gericke Drive at the San Bernardino Trade Center and International Airport, in accordance with Plan No. 9479, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 96-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. (22) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 96-375 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Negrete, Arias. WAIVE FEE $1,017.92 POLICE & PUBLIC DEPARTMENTAL COSTS - MARTIN LUTHER KING DAY JANUARY 18, 1997 - BOY SCOUTS OF AMERICA SERVICES PARADE (23) Shauna Clark, City Administrator, submitted a Staff Report dated December 3, 1996, concerning a request from the Boy Scouts of America for a fee waiver in the amount of $1,017.92 for the conduct of the Martin Luther King Day parade to be held on January 18, 1997. Council Member Oberhelman announced that he would abstain from voting since he holds a volunteer position with the Boy Scouts of America. Council Member Devlin announced that he would abstain from voting. City Attorney Penman advised that there is no legal requirement to abstain; however, if by abstention the vote is affected (which would be the case in this matter), one council member would still be required to vote. Council Member Devlin withdrew his abstention. Council Member Curlin made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $1,017.92 for Police and Public Services departmental costs in connection with the Boy Scouts of America Martin Luther King Day parade on January 18, 1997, be approved. The motion carried by the following vote: Members Curlin, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: Council Arias. Ayes: None. Members Council Abstain: Negrete, 9 12/16/1996 RES. 96-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 18, 1997. (24) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 96-376 was adopted by the following vote: Members Curlin, Oberhelman, Devlin, Anderson, None. Absent: Council Members Negrete, Arias. UTILITY COST REIMBURSEMENT - USE OF CITY FACILITIES - SAN BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT COUNTY PROBATION DEPARTMENT - $83,500 (25) Barbara Pachon, Director of Finance, submitted a Staff Report dated November 27, 1996, concerning the reimbursement of $83,500 from the San Bernardino County Probation Department for utility costs associated with the use of city facilities. Council Member Oberhelman announced that he would abstain from voting since he is employed by the County Probation Department. Council Member Anderson made a motion, seconded by Council Member Devlin, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1996/97 budget to reflect the cost of utility usage at city facilities located at the San Bernardino Trade Center and International Airport and to reflect the reimbursement the city will receive from the County of San Bernardino for these costs as outlined in the Staff Report dated November 27, 1996, from Barbara Pachon, Director of Finance. The motion carried by the following vote: Members Curlin, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: Council Arias. Ayes: None. Members Council Abstain: Negrete, DEMOLITIONS REIMBURSEMENT - ARDEN-GUTHRIE PROPERTIES - ECONOMIC DEVELOPMENT AGENCY - $354,075 (26) Barbara pachon, Director of Finance, submitted a Staff Report dated November 27, 1996, concerning the reimbursement of $354,075 from the Economic Development Agency for the costs associated with the demolition of Arden-Guthrie properties. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. 10 12/16/1996 BUDGET AMENDMENT FY 1996/97 - $115,000 - ALLOCATE SAVINGS FROM REFINANCING CITY HALL - FOR SPECIAL ELECTION TO BE HELD MARCH 18, 1997 - FINANCE (27) Barbara Pachon, Director of Finance, submitted a Staff Report dated December 4, 1996, concerning the allocation of $115,000 for the March 18, 1997, Special Municipal Election. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1996/97 budget to reflect the $115,000 cost of the March 18, 1997, Special Municipal Election and to reduce the budgeted costs for the City Hall lease payment by $115,000. COUNCIL MEMBER NEGRETE ARRIVED At 9:51 a.m., Council Member Negrete arrived at the Council meeting and took his place at the council table. RES. 96-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF CLUB CENTER DRIVE, EAST OF CLUB WAY AND RESERVING EASEMENTS FOR SANITARY SEWER AND WATERLINES. (Sl) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-377 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RECESS MEETING At 9:53 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10:01 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Counci~ and Community Development Commission 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, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City Clerk Rachel Clark; Acting City Administrator wilson. Absent: Council Member Arias. APPROVE PLAN NO. 9576 - IMPROVE COULSTON STREET - FRO M RICHARDSON TO CURTIS STREETS - AUTHORIZE ADVERTISEMENT FOR BIDS - (Continued from December 2, 1996) (32) 11 12/16/1996 Roger submi t ted a improvement Hardgrave, Director of Public Staff Report dated December 5, of Coulston Street. Works/Engineering, 1996, concerning the Henry Empeno, dated December 16, Street. Deputy City Attorney, submitted a memorandum 1996, concerning tile improvement of Coulston Concern was expressed regarding the expenditure of city funds prior to a final commitment by the developer. Director Hardgrave answered properties within Tier Three of the Assessment District. questions concerning the San Timoteo Flood Control Mike Yeoman, 10444 Corporate Drive, Redlands, CA, explained that if the city pays for the street improvements, they will proceed with the development of single-family homes. However, if the expenditure is not approved, they will not make a commitment. A discussion was held concerning the zoning within the area and the use of city funds. Council Member Negrete made a motion that the plans for improving Coulston Street, from Richardson Street to Curtis Street, in accordance with Plan No. 9576, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion failed for lack of a second. Council Member Negrete made a motion that the plans for improving Coulston Street, from Richardson Street to Curtis Street, in accordance with Plan No. 9576, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids, subject to final approval of the proposed development by Planning and Building Services. The motion failed for lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be tabled. The motion carried by the following vote: Members Curlin, Oberhelman, Devlin, Anderson, Council Member Negrete. Absent: Council Member Ayes: Miller. Arias. Council Nays: APPEAL HEARING PENALTY ASSESSMENT TRANSIENT OCCUPANCY TAX - SUPER 8 MOTEL $1,352.94 (15) Rachel November 26, Clark, City Clerk, submit_ted a Staff Report dated 1996, concerning an appeal of the penalty assessment 12 12/16/1996 imposed on Super 8 Motel for the late filing of the transient occupancy tax. Mayor Minor opened the hearing. David Holmes, 294 E. Hospitality Lane, San Bernardino, CA, requested that the 25 percent penalty in the amount of $1,352.94 be waived. COUNCIL MEMBER MILLER EXCUSED At 10 :33 a.m., Council Member Miller left the Council meeting. City Clerk Rachel Clark explained that Super 8 Motel was delinquent three times prior to the imposition of the penalty. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carl'ied, that the hearing be closed; and that the Mayor and Common Council deny the appeal filed by Stephen Post, Assistant Controller, on behalf of the Super 8 Motel, 294 E. Hospitality Lane, San Bernardino, for penalty assessment of $1,352.94, representing delinquent payment of transient occupancy tax. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3814 1048 CONGRESS MARIE ROMANO-MYERS (eontinued from November 18, 1996) (16) Bill Skiles, Code Compliance Manager, submitted a memorandum dated December 12, 1996, concerning a request by the appellant, Ms. Marie Romano-Myers, to withdraw the appeal and seeking a refund of the $75 appeal fee. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be tabled; and that the fee be refunded. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 3830 - 668 NORTH "H" STREET - MOHAMAD HALABI (17) Bill Skiles, Code Enforcement Manager, submitted a Staff Report dated November 20, 1996, concerning the Board of Building Commissioners' Order No. 3830 relative to the property located at 668 North "H" Street. Mayor Minor opened the hearing. Code Enforcement Manager Skiles provided a synopsis of the action taken relative to the property located at 668 North "H" Street and answered questions pertaining to such. Mohamad Halabi, speaking on behalf of his brother, stated that the work has been completed and he is requesting a waiver of fees. 13 12/16/1996 Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold Order No. 3830 of the Board of Building Commissioners and deny the appeal. RECESS MEETING At 10:45 a.m., Mayor Minor declared a fifteen-minute recess. RECONVENE MEETING At 11:04 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Counci~ and Community Development Commission 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, Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk Rachel Clark; Acting City Administrator Wilson. Absent: Council Members Arias, Miller. PUBLIC HEARING - FRANCHISE RENEWAL FRANCHISE TCI CABLEVISION OF TELECOMMUNICATIONS - NON-EXCLUSIVE CABLE CALIFORNIA, INC. (SS) James F. Penman, City Attorney, November 18, 1996, concerning a Cablevision of California, Inc. submitted a Staff Report dated franchise renewal for TCI Mayor Minor opened the hearing. Frank Keller, Cable Television Manager, stated that meetings had been held with representatives from TCI Cablevision of California, Inc., and the City Attorney's Office and he recommended that the matter be approved. COUNCIL MEMBER MILLER RETURNED At 11:05 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the renewal of franchise be granted upon the terms and conditions as specified in the Resolution of Intention, Resolution No. 96-363. CITY ATTORNEY PENMAN EXCUSED At 11:06 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:06 a.m., Economic Development Agency Special Counsel Sabo arrived at the Council meeting. 14 12/16/1996 ACTING CITY ADMINISTRATOR WILSON EXCUSED At 11: 06 a. m., Acting City Administrator Wilson left the Council meeting and was replaced by Economic Development Agency Administrator Steinhaus. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO POWERS FINANCING AUTHORITY/SAN BERNARDINO ACQUISITION JOINT POWERS FINANCING AUTHORITY REGULAR MEETING At 11:06 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 Negrete made a mc,tion, seconded by Council Member Oberhelman, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority and Mayor and Common Council be waived. APPROVE FUNDS & AGREEMENTS PROGRAM - FISCAL YEAR 1996/97 EMERGENCY SHELTER GRANT (R6) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated December 11, 1996, concerning the fiscal year 1996/97 Emergency Shelter Grant Program. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve the designation of The Salvation Army, Mary's Mercy Center, Frazee Community Center and Option House, Inc., as fiscal year 1996/1997 Emergency Shelter Grant Program recipients and authorize execution of agreements. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 11: 36 a. m., Economic Development Agency Administrator Steinhaus left the Council meeting and was replaced by Acting City Administrator Wilson. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 11:36 a.m., Economic Development Agency Special Counsel Sabo left the Council meeting. 15 12/16/1996 ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor provided a synopsis of the progress made on the Emergency Medical Service (ambulance service) . RES. 96-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HALPRIN SUPPLY COMPANY FOR THE PURCHASE AND DELIVERY OF SURVIVAIR BREATHING APPARATUS, TO BE USED TO EQUIP THE NEW PARAMEDIC AMBULANCES IN THE FIRE DEPARTMENT. (28) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 96 - 3 78 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. RES. 96-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE FRIENDS OF SAN BERNARDINO CITY PARKS, INC., AND THE CITY OF SAN BERNARDINO FOR THE OPERATION OF THE GALAXY GRAND BALLROOM. (29) Council Member Oberhelman made a notion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 96-379 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 11:38 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. ORD. Me-989 - AN ORDINANCE OF THE ~ITY OF SAN BERNARDINO AMENDING SECTION 19.06.020 (B) (4), TABLE 06.01, COMMERCIAL DISTRICTS LIST OF PERMITTED USES, TO ALLOW CAR, RV AND TRUCK SALES IN THE CR-3 LAND USE DISTRICT SOUTH OF INTERSTATE 10 SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. Final (30) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance No. MC-989 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. 16 12/16/1996 RES. 96-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRYAN A. STIRRAT & ASSOCIATES FOR PROFESSIONAL SERVICES RELATIVE TO CLOSURE OF A SANITARY LANDFILL. (31) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 96-380 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 94-362 ENTITLED IN PART "RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE. . . ", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITH:N DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (eontinued from December 2, 1996) (33) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 96-381 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. RES. 96-382 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION WHICH WAS CONSOLIDATED WITH THE STATEWIDE ELECTION AND HELD IN SAID CITY ON THE 5TH DAY OF NOVEMBER, 1996, DECLARING THE RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. (Continued from December 2, 1996) (34) Council Member Curlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 96-382 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 85 OF LO=AL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO PRELIMINARY ENGINEERING FOR SEISMIC RETROFIT OF BRIDGES AT VARIOUS LOCATIONS. (S2) 17 12/16/1996 Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 96-383 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. RES. 96-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 25, GENERALLY LOCATED ALONG PORTIONS OF 5TH STREET AND 3RD STREET, BETWEEN DEL ROSA AVENUE AND VICTORIA AVENUE. (S3) City Attorney Penman advised the Council that although the action today does not violate Proposition 218, Right to Vote Initiative; his opinion may change upon further scrutiny. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the Director of Public Works/City Engineer and City Clerk be authorized to proceed with the formation of Underground Utility District No. 25 alo~g portions of Fifth Street and Third Street between Del Rosa Avenue and Victoria Avenue, pursuant to San Bernardino Municipal Code Chapter 13.36; and that said resolution be adopted. The motion carried and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 96-384 was adopted by Members Negrete, Curlin, Nays: None. Absent: WAIVE FEE $7,588.44 - CITY PERSONNEL & EQUIPMENT - MARTIN LUTHER KING, JR. CELEBRATION - JANUARY 11, 1997 - NATIONAL AMERICAN UNITY ASSOCIATION (S4) Fred Wilson, Acting City Administrator, submitted a Staff Report dated December 11, 1996, concerning a request from the National American Unity Association for a fee waiver in the amount of $7,588.44 for the conduct of the Martin Luther King, Jr. celebration to be held on January 11, 1997. Council Member Curlin made a motion, seconded by Council Member Miller, and unanimously carried, that the request for a waiver of fees in connection with personnel and equipment used to assist the National American Unity Association in their Martin Luther King, Jr. Day celebration, January 11, 1997, in the amount of $7,588.44, be approved. RECESS MEETING At 11:46 a.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 2:00 p.m., in the Council Chambers of City Hall. 18 12/16/1996 RECONVENE MEETING At 2:01 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardico. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; Acting City Administrator Wilson. Absent: Council Member Negrete. FEE WAIVER - $298 - TEMPORARY USE PERMIT - NEW YEAR'S EVE PARTY - THE GENTS ORGANIZATION (35) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated December 9, 1996, concerning a request from The Gents Organization for a waiver of the temporary use permit fee in the amount of $298 for the conduct of their New Year's Eve party. Pete Ramos, 631 Carol Court, Colton, CA, explained the services they provide the community. Council Member Arias made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request for waiver of the Temporary Use Permit (TUP) fee of $298 by The Gents Organization, in connection with the remodeling of their building at the former Norton facility, be approved. ADJOURNMENT (36) At 2:04 p.m., the joint regular meeting adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, January 6, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk ~ ~v By '/1J..~ ..B0v'd - zanna Cor ova eputy City Clerk No. of Items: 43 No. of Hours: 4 19 12/16/1996