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HomeMy WebLinkAbout04-03-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 3, 1995 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, April 3, 1995, 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, Hernandez, Oberhelman, Devlin; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. City Attorney Penman announced that the following additional cases would be discussed in closed session: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Count v of San Bernardino and Inland Counties Emerqency Medical Aqency vs. City of San Bernardino. et at. - Riverside Superior Court Case No. 224288, Court of Appeals Case No. E012673. B. Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (I) : I. Khodr Saab vs. City of San Bernardino, Court of Appeals, Fourth District, Division Two, Case No. EOl1467. RECESS MEETING - CLOSED SESSION At 8: 02 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): EDA vs. Georqe Aquilar (and Cross Comolaint) - San Bernardino Superior Court Case No. 274061; Riqht to Know. et al. vs. City of San Bernardino; San Bernardino International Airoort Authority. Real Party in Interest - San Bernardino Superior Court Case No. SCV 18646; 1 4/3/95 City of San Bernardino vs. Frank L. Arellanes. et al. - San Bernardino Superior Court Case No. 264052. 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, 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, Hernandez, Oberhelman, Devlin; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. Also present: Deputy City Attorney Empeno, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Planning and Building Services Director Boughey; and Attorney Charles Green, Sabo and Green, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA, legal counsel to the Economic Development Agency. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY EMPENO, PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY, AND ATTORNEY CHARLES GREEN EXCUSED At 8:09 a.m., Deputy City Attorney Empeno, Planning and Building Services Director Boughey, and Attorney Charles Green, legal counsel to the Economic Development Agency, left the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:11 a.m., Council Member Pope-Ludlam arrived at the closed session. ADJOURN CLOSED SESSION At 8:26 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the Cit.y of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 4/3/95 ---,--- ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Miller. INVOCATION The invocation was given by Reverend Hardy Johnson, Carter Memorial Church of God in Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. APPOINTMENTS PLANNING COMMISSION ADVISORY COMMITTEE - MAYOR MINOR & TRAFFIC SAFETY (2A) In Staff Reports dated March 21 & 27, 1995, respectively, Mayor Minor recommended the appointments of Thomas D. Hamilton, 661 W. 55th Street, San Bernardino, CA, as an alternate member of the Planning Commission; and Frances Holland, 1098 Medical Center Drive, San Bernardino, CA, to the Traffic Safety Advisory Committee. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointments of Thomas D. Hamilton as an alternate member of the Planning Commission and Frances Holland to the Traffic Safety Advisory Committee, be approved. COUNCIL MEMBER NEGRETE ARRIVED At 9:03 a.m., Council Member Negrete arrived at the Council meeting and took his place at the council table. COMMENDATION - DEREK PARRA - OUTSTANDING ACCOMPLISHMENTS (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending San Bernardino native and world-class speedskater Derek Parra for his outstanding athletic abilities and accomplishments, and the positive example he sets for our youth. Mr. Parra represented the United States team in the Pan American games in South America. Gilbert and Bertha Parra accepted the commendation on behalf of their son. 3 4/3/95 ----.-----,--.------.--. PRESENTATION - FORMER MAYOR OF VILLAHERMOSA, MEXICO - SISTER CITY TABASCO, (2C) Mayor Minor presented City pins to Licenciado Roberto Rosado, former Mayor of our Sister City in Villahermosa, Tabasco, Mexico, and his wife, Loly. Mr. and Mrs. Rosado accepted their pins. PROCLAMATION - WALKAMERICA/TEAMWALK MONTH - APRIL 1995 - MARCH OF DIMES (2D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of April 1995 as WalkAmerica/Teamwalk Month in recognition of the 25th Anniversary of the WalkAmerica/Teamwalk event in the City of San Bernardino, to be held on April 29, 1995. Debra Lee, Director of Community Services, March of Dimes, 1485 Spruce Street, Riverside, CA, accepted the proclamation; and introduced Christopher Sheetz, Ambassador of the March of Dimes, who read a personal statement regarding the March of Dimes and the help they have provided his family. PROCLAMATION - FAIR HOUSING MONTH - APRIL 1995 - INLAND MEDIATION BOARD (2E) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring April 1995 as Fair Housing Month in recognition of the 27th Anniversary of the Federal Civil Rights Act. Omar Barraza, Fair Housing Coordinator, Inland Mediation Board, 1005 Begonia Avenue, Ontario, CA, accepted the proclamation. PROCLAMATION - BASEBALL WEEK - APRIL 2 - 8, BERNARDINIO BASEBALL CLUB 1995 - SAN (2F) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring April 2-8, 1995, as Baseball Week in the City of San Bernardino. Richard Bennecke, San Bernardino Area Chamber of Commerce, 546 W. 6th Street, San Bernardino, CA, accepted the proclamation on behalf of the San Bernardino Spirit Baseball Club. PROCLAMATION APRIL 10-16, DEVELOPMENT NATIONAL COMMUNITY DEVELOPMENT WEEK 1995 - DEPARTMENT OF ECONOMIC & COMMUNITY (2G) 4 4/3/95 -~-----~-------r-------_.__._----- J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring April 10-16, 1995, as National Community Development Week in the City of San Bernardino. Timothy Steinhaus, Economic accepted the proclamation on Development Agency. Development Agency Administrator, behalf of the local Economic PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 9-15, 1995 (2H) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 9-15, 1995, as National Library Week in the City of San Bernardino. Bob Ewing, City Librarian, accepted the proclamation. COMMENDATION - FRANK KELLER & MANSIE BOOKER - STATION KCSB - TELECOMMUNICATIONS DIVISION (2I) Brian Bost, Chief Executive Officer, Inland Counties Easter Seal Society, 241 E. 9th Street, San Bernardino, CA, on behalf of the Easter Seal Society, presented a plaque to Frank Keller, CATV Manager, and Mansie Booker, Video Production Coordinator, Telecommunications Division, for their support and contribution to the Easter Seal Telethon. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3 ) Council Member Curlin stated he senses an air of togetherness and cohesiveness between members of City government. He also indicated that the project for improved appearance of the Baseline corridor is on track, with improved illumination being the first step in the process. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez expressed support of the Rental Housing Inspection Program and requested that the informational brochures prepared for the program be mailed to every renter within the City. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman stated he is pleased with the progress being made on the Rental Housing Inspection Program and the teamwork occurring between City departments. He supported the idea of distributing informational pamphlets to all renters. 5 4/3/95 -------r---. .... ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3C) Council Member Devlin announced that the City of San Bernardino will be hosting the Soap Box Derby on July 1 & 2, 1995, at Shandin Hills Junior High School. The Derby is open to boys and girls, 9-16 years of age; and sign-ups are scheduled for the next three Sundays at Carousel Mall between the hours of 1:00-4:00 p.m. For more information contact Pat Leathers, Volunteer Coordinator, Mayor's Office, at 384-5203. ANNOUNCEMENT - MAYOR MINOR (3D) Mayor Minor announced that Everett Wilson, employed by the City for 35 years and most recently working as a General Building Inspector with the Department of Planning and Building Services, passed away over the weekend from a heart attack. PUBLIC COMMENTS - RUBEN LOPEZ (4) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, spoke on the need for change in the political arena of the City and the need for the Council to rely more on the expertise of City staff. PUBLIC COMMENTS .. JEFF WRIGHT (4A) Jeff wright, P.O. Box 2341, San Bernardino, CA, spoke on the need for longer library hours and the fact that the City's community calendar does not indicate when the following committees meet: Ways and Means, Legislative Review, and Redevelopment. PUBLIC COMMENTS .. NICK LA PERUTA (4B) Nick La Peruta, a San Bernardino resident, expressed concern regarding fire code regulations applied to businesses throughout the city. PUBLIC COMMENTS - DONNA CONANT (4C) Donna Conant, 1200 Hill Drive, San Bernardino, CA, spoke on the plight of the homeless and the International Togetherness Day celebration scheduled for April 30, 1995, at Court Street Square. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3E) City Attorney Penman explained that items on the regular consent calendar may be pulled by membe,-s of the public who wish to speak on these items. However, according to the Brown Act, legislative bodies may limit or deny comments on committee consent calendar items, which have already been discussed at a public meeting. 6 4/3/95 ----,-----.------ .. COUNCIL MEMBER At 9:54 a.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Oberhelman made a motion, Member Negrete, and unanimously carried, that resolutions and ordinances on the regular and be waived. seconded by Council full reading of the supplemental agenda COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, 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: February 6, 1995; February 20, 1995; March 15, 1995. RES. 95-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (7) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-84 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: None. Absent: Council Members Pope-Ludlam, Miller. COUNCIL MEMBER At 9;56 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pcpe-Ludlam returned took her place at the council table. to the RES. 95-85 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR ACCESS AND INQUIRY INTO THE SHERIFF'S DEPARTMENT'S CENTRAL NAME INDEX. (8) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-85 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent; Council Member Miller. 7 4/3/95 ,-----.---... --- RES. 95-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF SIX (6) EACH COMPRESSED NATURAL GAS POWERED COMPACT PICK-UP TRUCKS TO BE UTILIZED BY THE PLANNING AND BUILDING SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-19. (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-86 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: None. Absent: Council Member Miller. (Note: Al though Council Member Pope-Ludlam was present, she did not register a vote. ) RES. 95-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO VARIOUS VENDORS PER EXHIBIT "A" FOR THE FURNISHING AND DELIVERY OF TWENTY-SEVEN (27) EACH VEHICLES PER EXHIBIT "A" TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-19. (10) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-87 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING PURCHASE ORDER TO CUBIC CONTAINERS FOR THE PURCHASE OF REPLACEMENT REFUSE BINS IN ACCORDANCE WITH BID NUMBER F-95-18. (11) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-88 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-89 - 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. (WEED ABATEMENT) (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 8 4/3/95 Resolution No. 95-89 was adopted by the following vote; Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. AN ORDINANCE OF THE CITY SECTIONS 8.24.181,8.24.182, AND 8.24.186 TO THE SAN RELATING TO THE DISPOSAL OF OF SAN BERNARDINO ADDING 8.24.183,8.24.184, 8.24.185 BERNARDINO MUNICIPAL CODE SCRAP TIRES. Final (13) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Discussion ensued regarding the proposed six-month grace period for assessment of fines, what kind of educational program would be provided to the tire dealers, and what procedures would be followed to collect the fines. Council Member Curlin made a substitute motion, seconded by Council Member Devlin, that the matter be continued to May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion carried by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays; None. Abstain: Council Member Negrete. Absent: Council Member Miller. PUBLIC HEARING - ASSESSMENT DISTRICT NO. 981 EXPANSION - MERIDIAN & RANDALL AVENUES AREA - INCLUDE TRACT 14390 - CONFIRM COSTS (21) This is the time and place set for a public hearing to consider an amendment to Assessment District No. 981 by expanding the boundaries to include Tract No. 14390. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated March 13, 1995, relative to the expansion of Assessment District No. 981. Mayor Minor opened the hearing. RES. 95-90 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR THE COSTS OF THE PROCEEDINGS TO AMEND ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES OF THE AMENDED DISTRICT TO INCLUDE AREAS WITHIN TRACT 14390, AND APPROVING THE AMENDED ASSESSMENT DIAGRAM MAP NO. 981 FOR THE AMENDED MERIDIAN AND RANDALL AVENUES AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 981 IN THE CITY. (21) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the public hearing 9 4/3/95 -.----------..T---..... on the costs for the expansion of Assessment District No. 981 be closed, and that the protests be overruled. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-90 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. PUBLIC HEARING - PROPOSED UNDERGROUND UTILITY DISTRICT NO. 24 - FORMER NORTON AIR FORCE BASE AREA (22) This is the time and place set for a public hearing to consider the formation of Underground Jtility District No. 24 for portions of the former Norton Air Force Base. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated March 20, 1995, relative to proposed Underground Utility District No. 24, which includes portions of Tippecanoe Avenue, south of Third Street, and portions of Norton Way, north of "B" Street. Mayor Minor opened the hearing. RES. 95-91 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 24, GENERALLY LOCATED ALONG PORTIONS OF TIPPECANOE AVENUE, BETWEEN 3RD STREET AND CENTRAL AVENUE AND ALONG PORTIONS OF NORTON WAY, NORTH OF "B" STREET. (22) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing relative to the formation of Underground Utility District No. 24 (former Norton Air Force Base) be closed, and that the protests, if any, be overruled. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-91 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-92 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 1995, CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (Continued from February 20, 1995) (23) 10 4/3/95 -------.---~__r_~----~-' Council Member Curlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-92 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE 20.00 FOOT WIDE ALLEY LYING GENERALLY NORTHEASTERLY/ SOUTHWESTERLY, BETWEEN SONORA DRIVE AND PALMYRA DRIVE AND BETWEEN RALSTON AVENUE AND 40TH STREET, AND RESERVING AN EASEMENT FOR EMERGENCY AND SERVICE VEHICLE ACCESS, PUBLIC UTILITIES AND ACCESS FOR ABUTTING PROPERTIES THEREIN. (24) Discussion ensued regarding the need for a policy that governs who pays for alley vacations, to ensure a process that is equitable to everyone. Currently, the City sometimes pays the fees associated with the vacation; other times (as in this case) the applicant pays the fees. Harry Gerken, one of the adjoining property owners, stated he would like to see the policy issue separated from this item, as the property owners are anxious to close the alley and install the automatic gates. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-93 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-94 - ADOPTING THE PROGRAM. RESOLUTION OF THE CITY OF SAN BERNARDINO 1994/95 TO 1998/99 CAPITAL IMPROVEMENT (25) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-94 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO AGREEMENT WITH URS CONSULTANTS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES FOR THE IMPROVEMENT OF TIPPECANOE AVENUE, DEL ROSA AVENUE AND "c" STREET. (26) 11 4/3/95 -,.----.. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-95 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. AUTHORIZE CITY TO JOIN - AMICUS BRIEF - DESHETRES VS. SGT. STEEN - CITY ATTORNEY'S OFFICE (27) City Attorney Penman submitted a Staff Report dated March 27, 1995, relative to the City of San Bernardino joining in an Amicus Brief regarding Deshetres vs. Sgt. Steen - U.S. Court of Appeals, Ninth Circuit, Case No. 94-16912. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council authorize the City of San Bernardino to join in the Amicus Brief regarding Deshetres vs. Sgt. Steen - United States Court of Appeals for the Ninth Circuit No. 94-16912. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MacLACHLAN, BURFORD & ARIAS. (Discussed later in the meeting) (See page 21) (28) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. City Attorney Penman explained t.hat in 1992, Council had verbally retained the firm of MacLachlan, Burford & Arias to defend the Armendariz litigation. Consequently, Big Independent Cities Excess Pool (BICEP), the City's excess insurance carrier, has requested that the terms of the firm's employment agreement with the City be put in writing. Concern was expressed relative to certain terms of the agreement. Council Member Curlin made a substitute motion, seconded by Council Member Negrete, that the matter be continued to later in the meeting. The Council Ludlam. Miller. substitute motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: Council Member Devlin. Absent: Council Ayes: Pope- Member 12 4/3/95 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROPOSAL OF ARROWHEAD ASSOCIATES FOR AUTOMATION OF THE CITY ATTORNEY'S OFFICE AND AWARDING A PURCHASE ORDER TO COMPUTER NOOK FOR COMPUTER EQUIPMENT. (29) Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, that said resolution be adopted. City Administrator Shauna Clark st.ated that it would save the City a substantial amount of money if this item went through the normal bidding process and training was conducted by City staff. Council Member Hernandez made a substitute motion to refer the matter to the City Administrator's Office. The substitute motion failed for lack of a second. A discussion was held regarding t.he automation needs of the City Attorney's Office and the specifics of the bid specifications. Kyle Larick, 1039 Kensington Drive, Redlands, CA, stated that his company had been working with the City Attorney's Office since early 1994 regarding their automatior: needs. Recently he was informed that bids had been received by the City Attorney's Office and his company was shown as a "no bid"; however, they had never received a set of the bid specifications. He asked that his company be given an opportunity to bid on this item. Discussion continued regarding the automation needs of the City Attorney's Office, the bidding process, the need to include a CD-ROM Library in the bid specifications, and whether the required equipment and software could be purchased for less money. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to April 17, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, to allow the City Administrator to obtain bids to the specifications set forth by the City Attorney for automation of his office, including the CD-ROM Library. RECESS MEETING At 11:34 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:43 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 4/3/95 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman, Timothy Sabo, Legal Counsel to the Economic Development Agency, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION ~ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:43 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission and the San Bernardino Joint Powers Financing Authority to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time the Community Development Development items. Mayor and Common Commission, took Council action acting as the on Community CITY ATTORNEY PENMAN EXCUSED At 11:54 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (Rl) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agenda, be waived. SET PUBLIC HEARING TROP I CANA , ORANGEWOOD MOBILEHOME PARKS BOND ISSUES MOBILE ESTATES & ACQUISITION OF FRIENDLY VILLAGE (R3) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated March 28, 1995, relative to setting a public hearing on April 17, 1995, at 11:00 a.m., in the Council Chambers of City Hall, 300 North nD" Street, San Bernardino, CA, for the issuance of certain bonds in connection with the acquisition of the Tropicana, Orangewood Mobile Estates and Friendly Village Mobilehome Parks. Council Member Hernandez stated he would abstain from voting on the matter, as his wife owns one of the units at Orangewood Mobile Estates Mobilehome Park. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Mayor and Common Council and the San Bernardino Joint Powers Financing Authority set a public hearing on April 17, 1995, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for the issuance of certain bonds in connection with the Friendly Village Mobilehome 14 4/3/95 -.- -r.-----.- park, the Orangewood Mobile Estates Mobilehome Park and the Tropicana Mobilehome Park. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Miller. RES. 95-96 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ELECTING TO SECURE THE REPAYMENT OF CERTAIN CERTIFICATES WITH MOTOR VEHICLE LICENSE FEE REVENUES. (R4) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-96 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Hernandez. Absent: Council Member Miller. RES. 95-97 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF CERTAIN PUBLIC RIGHT-OF- WAY IMPROVEMENTS. (R7) Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-97 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: Council Member Oberhelman. Absent: Council Member Miller. RECESS MEETING At 12: 30 p. m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Council Members Curlin, Miller. 15 4/3/95 .--- T . APPEAL - PLANNING COMMISSION'S DECISION - VARIANCE NO. 94-03 - PERMIT REUSE OF TWO NONCONFORMING POLE SIGNS _ SOUTHEAST CORNER OF SECOND & "H" STREETS FANCHER DEVELOPMENT SERVICES, INC. (36) This is the time and place set for a public hearing to consider the appeal of Fancher Development Services, Inc. relative to the Planning Commission's denial of Variance No. 94-03 regarding the reuse of two nonconforming pole signs at Second and "H" Streets. Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated March 23, 1995, concerning the Planning Commission's denial of Variance No. 94-03, which would allow the reuse of nonconforming freeway-oriented pole signs. Mayor Minor opened the hearing. Director Boughey explained the purpose and scope of Variance No. 94-03, and some of the concerns the Planning Commission had regarding this request. Bill Fancher, Fancher Development Services, Inc., 1342 Bell Avenue, Tustin, CA, stated that from the beginning the plan to use this site for a Taco Bell restaurant was contingent on being able to use the existing sign poles. He explained that the restaurant site is approximately 50 feet below freeway grade, and the sign is needed to draw evening and early morning business from the freeway, since much of the downtown area closes at 5:00 p.m. Discussion ensued regarding the project's construction schedule, projected number of employees, the possibility of altering the height of the existing signs, and the possibility that granting this variance would open the door for similar requests. Nina Raey, Inc., 1342 Bell change anything proj ect Manager, Fancher Development Services, Avenue, Tustin, CA, stated there were no plans to on the existing sign poles. Joe Mineo, 1390 N. "D" Street, San Bernardino, CA, stated he was a real estate agent who has worked with Taco Bell since 1992 in an effort to find property that would meet Taco Bell's requirements. Council Member Curlin made a motion, Member Pope-Ludlam, and unanimously carried, closed. seconded by Council that the hearing be Council Member Curlin made a motion, seconded by Council Member Devlin, to direct the Planning Department to prepare an amendment to the General Plan or Development Code, whichever is appropriate, and working with the developer, establish the minimum 16 4/3/95 ----,----- sign height necessary to allow visibility from the freeway; to be brought back to the cou~cil for final approval no later than July 10, 1995, In the Councll Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Discussion continued regarding the City's sign requirements and the ramifications of granting the variance. City Administrator Shauna expressed opposition to the development code variances. Clark, speaking from the podium, continued practice of granting Council Member Devlin withdrew his second. Council Member Pope-Ludlam seconded the motion made by Council Member Curlin. Council Member Oberhelman made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the Planning Department take the necessary steps to amend the Development Code and/or General plan to permit the consideration of a variance for the existing sign structure, and that the second sign on the property be in conformance with current Development Code standards; with the matter to return to the Mayor and Common Council as soon as possible, but no later than July 10, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardinio, California. RECESS MEETING At 3:02 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:09 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow, Timothy Sabo, legal counsel to the Economic Development Agency, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 3:09 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission and the San Bernardino Joint Powers Financing Authority to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 4/3/95 At this time the Community Development Development items. Mayor and Common Council, Commission, t.ook action acting as the on Community RES. 95-98 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION TO AMEND A GRANT TO FINANCE STREET IMPROVEMENTS AND CONSTRUCTION OF A PARKING LOT ON NORTON AIR FORCE BASE. (RS1) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-98 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. SENIOR ASSISTANT CITY ATTORNEY BARLOW & TIMOTHY SABO, LEGAL COUNSEL TO THE ECONOMIC DEVELOPMENT AGENCY, EXCUSED At 4:24 p.m., Senior Assistant City Attorney Barlow and Timothy Sabo, Legal Counsel to the Economic Development Agency, left the Council meeting and were replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR TIMOTHY STEINHAUS EXCUSED At 4;24 p.m., Economic Development Agency Administrator Timothy Steinhaus left the Council meeting and was replaced by City Administrator Shauna Clark. PERSONNEL ACTIONS (14) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated March 23, 1995, 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. LITTLEFIELD/SHULTIS (BUCKBOARD) PARK IMPROVEMENTS - PHASE TWO PLAN NO. 9282 APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated March 22, 1995, regarding the plans for Phase Two of improvements to Littlefield/Shultis (Buckboard) Park in accordance with Plan No. 9282. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for Phase II of improvements to Littlefield/Shultis (Buckboard) Park, in 18 4/3/95 ---, accordance with Plan No. 9282, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. (Note: Although Council Member Pope-Ludlam was present, she did not register a vote.) MT. VERNON STORM DRAIN - BASE LINE STREET & AVENUE TO LYTLE CREEK CHANNEL - UTILITIES GENERAL PLAN - ADOPT NEGATIVE DECLARATION & CONSISTENCY MT. VERNON ELEMENT OF FINDING OF (16) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated March 15, 1995, relative to adopting the negative declaration and finding of consistency with the utilities element of the general plan with respect to the installation of a storm drain in Mt. Vernon Avenue, from Base Line Street and Mt. Vernon Avenue to Lytle Creek Channel. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Negative Declaration for Public Works Project No. 94-05, installation of a storm drain in Mt. Vernon Avenue, from Base Line Street and Mt. Vernon Avenue to Lytle Creek, be adopted; and that a finding be made that the installation of a storm drain in Mt. Vernon Avenue, from Base Line Street and Mt. Vernon Avenue to Lytle Creek is consistent with the Utilities Element of the General Plan. RES. 95-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY, INC. FOR TRAFFIC SIGNAL MODIFICATIONS AT WATERMAN AVENUE AND GILBERT STREET. (17) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-99 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SLATER, INC. FOR IMPROVEMENTS AT "H" STREET AND DEVIL'S CREEK CHANNEL, CONSISTING OF BOX CULVERT, TRAFFIC SIGNAL AND DRAINAGE PIPES. (18) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-100 was Ayes: Council Members Negrete, Devlin, Pope-Ludlam. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Miller. 19 4/3/95 ,--------- REORGANIZATION - RISK MANAGEMENT DIVISION - WORKERS' COMPENSATION PROGRAM (19A) Barbara Dillon, Director of Personnel, submitted a Staff Report dated March 23, 1995, relative to the reorganization of the Risk Management Division. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that one (I) Workers' Compensation Supervisor position be established, Range 2437, $3,925 $4,771 per month; that two (2) Workers' Compensation Claims Assistant positions be established, Range 1282, $1,812 - $2,202 per month; that one (1) Account Clerk II position be deleted, Range 1267, $1,681 - $2,044 per month; and that the Personnel Department be directed to update Resolution No. 6413, Sections Ten and Eleven, to reflect this particular action. REORGANIZATION - PUBLIC WORKS/ENGINEERING DEPARTMENT - REAL PROPERTY DIVISION (19B) Barbara Dillon, Director of Personnel, submitted a Staff Report dated March 23, 1995, relative to the reorganization of the Real Property Division of the Public Works/Engineering Department. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the position of Real Property Supervisor be deleted, Range 2441, $4,004 - $4,867 per month; that the position of Real Property Official be established, Range 2393, $3,152 $3,831 per month; and that the Personnel Department be directed to update Resolution No. 6413, Sections Ten and Eleven, to reflect this particular action. RES. 95-101 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM LOCATED INSIDE THE INCORPORATED TERRITORY OF THE CITY; PROVIDING THAT USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE AGREEMENTS FOR USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY SUBJECT TO CERTAIN TERMS AND CONDITIONS; AND REPEALING RESOLUTION NO. 93-384. (20A) RES. 95-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-510 ENTITLED IN PART "RESOLUTION . . . . ESTABLISHING SEWER CONNECTION AND INSPECTION FEES ..." TO AUTHORIZE A REDUCTION IN THE SEWER CONNECTION FEE DESIGNATED FOR CONNECTION AND IMPROVEMENTS OF THE WASTEWATER TREATMENT PLANT TO CONNECT TO THE CITY'S SEWER, AND FIXING AND ESTABLISHING CREDIT FOR SEWER STAND-BY CHARGES FOR USERS LOCATED WITHIN THE 20 4/3/95 ....--1 CITY LIMITS AND ARE WITHIN 200 FEET OF AND SITUATED ON REAL PROPERTY ADJOINING AN EXISTING SEWER SYSTEM AND NOT CONNECTED THERETO, EFFECTIVE MARCH 1, 1995, AND REPEALING RESOLUTION 94-391. (20B) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 95-101 and 95-102 were following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Member Miller. adopted by the Curlin, Hernandez, Absent: Council RES. 95-103 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MacLACHLAN, BURFORD & ARIAS. (Discussed earlier in the meeting) (See page 12) (28) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-103 was Ayes: Council Members Negrete, Nays: Council Member Hernandez. Absent: Council Member Miller. adopted by the following vote: Oberhelman, Devlin, Pope-Ludlam. Abstain: Council Member Curlin. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING SECTIONS 5.04.015.D., 5.04.033, AND 5.04.075.E., REPEALING SECTION 5.04.100, AND BY AMENDING SECTIONS 5.04.525.B, 5.04.525.F, AND 5.04.615 RELATING TO BUSINESS REGISTRATION CERTIFICATES. First (30) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.026 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSFERS OF STOCK OR PARTNERSHIP INTERESTS FOR THE PURPOSES OF TRANSFERS OF BUSINESS REGISTRATION CERTIFICATES. First (31) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be laid over for final adoption. RECONSIDER - INCREASE AMBULANCE SERVICE & TAKE POSSIBLE ACTION - COUNCIL MEMBER RATES - DISCUSS POPE-LUDLAM (32) 21 4/3/95 Council Member Pope-Ludlam submitted a Staff Report dated March 27, 1995, regarding reconsidering the previous action taken to consider a rate increase for the ambulance services provided by Courtesy Ambulance. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-328, AS AMENDED BY RESOLUTION NO. 85-67 AND RESOLUTION NO. 87-282, ENTITLED IN PART, "RESOLUTION. FIXING AND ESTABLISHING RATES OF MEDICAL TRANSPORTATION CARRIERS OPERATING WITHIN THE CITY OF SAN BERNARDINO." (32) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council reconsider a resolution to increase ambulance rates in the City. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Council Member Oberhelman. Absent: Council Member Miller. Council Nays: Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the Ways and Means Committee for review and recommendation; and that the matter be brought back to the Mayor and Council as a public hearing on April 17, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AUTHORIZE FORMATION MATERIAL RECOVERY COMMITTEE - COUNCIL MEMBER HERNANDEZ FACILITIES (33) Council Member Hernandez submitted a Staff 23, 1995, relative to the formation of a Facilities Committee made up of Council Members and Negrete. Report dated March Material Recovery Miller, Hernandez, Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council authorize the formation of a Material Recovery Facilities Committee made up of Council Members Miller, Hernandez, and Negrete. (Note: There was no vote taken and the motion was subsequently reinstated.) Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the matter be continued to April 17, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The substitute motion failed by t.he following vote: Council Members Oberhelman, Devlin, Pope-Ludlam. Nays: Members Negrete, Hernandez. Abstain: Council Member Absent: Council Member Miller. Ayes: Council Curlin. 22 4/3/95 ., Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council authorize the formation of a Material Recovery Facilities Committee made up of Council Members Miller, Hernandez, and Negrete. The motion failed with the following vote: Ayes: Members Negrete, Curlin, Hernandez. Nays: Council Oberhelman, Devlin, Pope-Ludlam. Absent: Council Member Council Members Miller. There was no further action taken on this item. AUTHORIZE ACCEPTANCE LIEU OF RENTAL FEES - JUNIOR UNIVERSITY - PAYMENT OF INSURANCE PREMIUM IN FDR BOWL - MAY 6 - AUGUST 8, 1995 - (34) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated March 14, 1995, regarding the acceptance of the payment of a liability insurance premium in lieu of rental fees for use of the FDR Bowl in perris Hill Park by the Junior University for their annual performance to be held May 6 through August 8, 1995. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried. that the Mayor and Common Council authorize the acceptance of payment of insurance premium by the Junior University in lieu of rental fees for the FDR Bowl. RES. 95-104 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH PAVILION PARTNERS DBA GLEN HELEN BLOCKBUSTER PAVILION. (35) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-104 was Ayes: Council Members Negrete, Ludlam. Nays: None. Abstain; Council Member Miller. adopted by the fOllowing vote: Curlin, Oberhelman, Devlin, Pope- Council Member Hernandez. Absent: COUNCIL MEMBER At 4:41 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council RES. 95-105 - RESOLUTION 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. (81) 23 4/3/95 --,---' Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-105 was Ayes: Council Members Negrete, Nays: None. Abstain: Council Members Hernandez, Miller. adopted by the following vote: Oberhelman, Devlin, Pope-Ludlam. Member Curlin. Absent: Council ADJOURNMENT At 4:43 p.m., the meeting was adjourned. The meeting is scheduled for 8:00 a.m., Monday, April 17, Council Chambers of City Hall, 30J North "D" Bernardino, California. (37) next regular 1995, in the Street, San RACHEL CLARK City Clerk By 11~ ;(k~1 Linda Har~l Deputy City Clerk No. of Items: 43 No. of Hours: 6.75 24 4/3/95