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HomeMy WebLinkAbout04-17-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 17, 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 17, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Barlow; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. 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. Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Lewis Glen Corns vs. County of San Bernardino - City of San Bernardino SBR 0245895 (Workers Compensation Appeals Board) . B. Conference with legal counsel - anticipated litigation: Significant subdivision case. exposure to litigation pursuant (b) of Government Code Section 54956.9: to one C. Consider personnel matters pursuant to Government Code Section 54957: 1. Review performance of City Administrator. 2. Public Employee Appointment Police. Acting Chief of 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. 1 4/17/95 -----.----.-.-...-...-........,---.---.--- ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Barlow; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Also present: Assistant City Administrator Wilson, Director of Risk Management Lorch and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. DIRECTOR OF RISK MANAGEMENT LORCH EXCUSED At 8:05 a.m., Director of Risk Management Lorch left the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:06 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. COUNCIL MEMBER MILLER ARRIVED At 8: 10 a. m., Council Member Miller arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:13 a.m., Council Member Pope-Ludlam arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:24 a.m., Council Member Miller left the closed session. COUNCIL MEMBER MILLER RETURNED At 8:32 a.m., Council Member Miller returned to the closed session. ADJOURN CLOSED SESSION At 8: 53 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 4/17/95 ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Father Patricio Guillen, Libreria Del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. CLOSED SESSION ACTION (lC2) Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that Assistant Chief of Police Wayne Harp be appointed as Acting Chief of Police. PRESENTATION ASSEMBLYMAN JERRY EAVES WASTE CHARACTERIZATION TRUST FUND MONIES - COUNTY OF SAN BERNARDINO UNOBLIGATED $419,714.58 - (2) Assemblyman Jerry Eaves presented a refund check to the City from the County of San Bernardino in the amount $419,714.58 from the unobligated Waste Characterization Trust Fund. Mayor Minor accepted the check. City Administrator Shauna Clark commended Assistant Director of Public Services Jim Howell for his role in securing the refund. PROCLAMATION - BLUE RIBBON WEEK - MAY 15 THROUGH MAY 19, 1995 - POLICE & LAW ENFORCEMENT OFFICES (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of May 15 through May 19, 1995, as Blue Ribbon Week in recognition of peace officers and law enforcement offices. Bill Cozzo, proclamation. Law Enforcement Committee, accepted the COMMENDATION - VICTORY OUTREACH MINISTRIES (2B) Phil Arvizo , Executive Assistant to the Council, read a resolution commending Victory Outreach Ministries for its outstanding contributions to the citizens of the community in successfully rehabilitating criminals and providing assistance to those individuals in need. 3 4/17/95 "'T Pastor Rick Alanis accepted the commendation. SERVICE PIN AWARDS (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received service pin awards in gratitude of their many years of dedicated service to the City: Name Department Leticia Briggs John Larsen, Jr. Minnie Robinson Deanna Murphy Craig Alder David Parke Larry Martin Civil Service Facilities Management Finance Fire Fire Fire Management Information Services Parks, Recreation & Community Services Planning & Building Services Planning & Building Services Police Police Public Services Public Services Public Services Public Works/Engineering Public Works/Engineering Public Works/Engineering George Foster Glenzora Rogers Mary Freiberg Peter Higgins Michael Kinsman David Maynus Jesse Alvarez Alfred J. Ramos Ali Jassim Gene Klatt Henry Wingson Years of Service 10 year pin 15 year pin 15 year pin 5 year pin 10 year pin 25 year pin 5 year pin 15 year pin 5 year pin 15 year pin 10 year pin 25 year pin 5 year pin 10 year pin 10 year pin 5 year pin 10 year pin 10 year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed concern regarding the effects second-hand smoke has on an unborn and new-born child. PUBLIC COMMENTS - JEFF WRIGHT (4) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed discontent towards the actions taken by the Mayor and Council to prohibit the freedom of speech. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to waiving the full reading of the resolutions and ordinances. 4 4/17/95 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 and supplemental agenda be waived. RES. 95-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (6) A discussion was held concerning the psychological examinations conducted personnel. purpose and intent of the on police department COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At 9:33 a.m., Council Members Hernandez and Pope-Ludlam left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-106 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: ~ouncil Member Pope-Ludlam. (Note: Al though Council Member Hernandez was not present, he registered his vote prior to leaving the Council meeting.) AUTHORIZE OUT-OF-STATE TRAVEL - LARRY MARTIN, PROGRAMMER ANALYST - MANAGEMENT INFORMATION SERVICES - APRIL 24-28, 1995 SCHAUMBURG, ILLINOIS 800 MHZ ADMINISTRATION TRAINING (7) Janis Ingels, Director of Management Information Services, submitted a Staff Report dated March 29, 1995, concerning out-of- state travel for Larry Martin, Programmer Analyst, on April 24 through 28, 1995. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM RETURNED At 9:35 a.m., Council Members Hernandez and Pope-Ludlam returned to the Council meeting and took their places at the council table. Council Member Curlin made a mction, seconded by Council Member Oberhelman, and unanimously carried, that Larry Martin be authorized to travel out of state to Schaumburg, Illinois, April 24 through 28, 1995, to receive 800 MHz administration training. APPLY & ACCEPT GRANT UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) - ADMINISTER YEAR-ROUND FOOD SERVICE PROGRAM FOR CHILDREN - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (8) 5 4/17/95 ----,--.-------..-- Annie Ramos, Director of Services Department, submitted a concerning the administration program for children. Parks, Recreation & Community Staff Report dated March 13, 1995, of the year-round food service Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Parks, Recreation and Community Services be authorized to apply for and accept a grant from the United States Department of Agriculture (USDA) for the administration of the year-round food service program for children. RES. 95-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RITA CORONADO RELATING TO THE FURNISHING OF MENTOR COORDINATOR SERVICES TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-107 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INLAND EMPIRE WHITE/GMC FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH FRONT LOADING REFUSE VEHICLE CAB AND CHASSIS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-20. (10A) RES. 95-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AMREP INCORPORATED FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH FRONT LOADING REFUSE VEHICLE BODIES, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-95-21. (lOB) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 95-108 and 95-109 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent; None. CLAIMS AND PAYROLL (12) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll 6 4/17/95 --_. ---------. -.--.--T----------. -. and authorization to issue warrants as listed on the memorandum dated April 3, 1995, from the Director of Finance be approved. PERSONNEL ACTIONS (13) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 6, 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. RES. 95-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTOR FOR MODIFICATION OF RESTROOM BUILDING AT PATTON PARK SOUTH. (14) RES. 95-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NATIONAL PLANT SERVICES, INC. FOR RELINING SEWER MANHOLES AT VARIOUS LOCATIONS. (15) RES. 95-112 - 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 TWENTIETH STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH REEDY AVENUE. (16) RES. 95-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AVILA CONSTRUCTION, INC. FOR CONSTRUCTION OF TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT 34TH STREET AND "E" STREET. (17) RES. 95-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RVC ROADWAY CONSTRUCTION, INC. FOR CONSTRUCTION OF BICYCLE LANES ON llliIVERSITY PARKWAY AND NORTH PARK BOULEVARD. (18) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 95-110, 95-111, 35-112, 95-113, and 95-114 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD CONTRACT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RELATING TO CONSTRUCTION OF A BOX CULVERT AND LOCAL STREET IMPROVEMENTS ON FOOTHILL DRIVE AT LITTLE SAND CREEK. (19) 7 4/17/95 .-.----,------- Council Member Oberhelman made a motion, seconded by Council Member Miller, that the transfer of $76,200, from Account No. 126- 000-3405, "Unappropriated Reserve", to Account No. 242-362-5504- 7001, "Box Culvert on Foothill Drive at Little Sand Creek", be approved; and that said resolution be adopted. The motion carried and Resolution No. 95-115 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-935 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAK 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. Final (20) ORD. MC-936 - 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. Final (21) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said ordinances be adopted. Ordinance Nos. MC-935 and MC-936 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING SCHEDULE A ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 9035 TO GE CAPITAL PUBLIC FINANCE, INC. FOR THE FINANCING OF TWENTY-TWO POLICE PURSUIT VEHICLES, TO BE UTILIZED BY THE PUBLIC SERVICES/GARAGE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-17. (11) A discussion was held concerning the financing of the twenty- two (22) police pursuit vehicles. Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-116 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECLASSIFY POSITION - FIRE INVESTIGATOR - P-2 TO P-4 - FIRE DEPARTMENT (22A) 8 4/17/95 -------.------,--------. -..---.- Barbara Dillon, Director of Personnel, submitted a Staff Report dated April 6, 1995, concerning a request from the Fire Department to reclassify the Fire Investigator position from P-2 to P-4. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the position of Fire Investigator be reclassified from P-2, $3,757 - $4,444 per month, to the rank of Fire Captain, P-4, $4,695 per month; and that the Personnel Department be directed to update Resolution 6429, Section Three, to reflect these particular actions. REORGANIZATION - PUBLIC SERVICES DEPARTMENT (22B) Barbara Dillon, Director of Personnel, submitted a Staff Report dated April 6, 1995, concerning the proposed reorganization of the Public Services Department. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the following positions be added and/or established effective July 1, 1995, with recruitment being initiated upon approval: One (1) Street Superintendent, Range 4472, $4,674 $5,681 per month; One (1) Senior Secretary, Range 3341, $2,433 - $2,956 per month; One (1) Typist Clerk III, Range 1267, $1,681 - $2,044 per month; One (I) Tree Trimmer II, Range 1319, $2,179 - $2,649 per month; One (1) Abatement Aide, Range 1279, $1,785 - $2,170 per month; One (1) Maintenance Supervisor, Range 2389, $3,090 - $3,755 per month; One (1) Heavy Equipment Operator, Range 1324, $2,234 $2,716 per month; One (1) Automotive Parts Specialist, Range 1282, $1,812 - $2,202 per month and One (1) Administrative Analyst, Range 4380, $2,954 - $3,591 per month; that the salary adjustments from the weed abatement job audit be implemented for an increase of approximately $800 for year one, effective July 1, 1995; that One (1) Auto Body Repairperson, Range 1326, $2,256 - $2,743 per month, be transferred from the Fleet Division to the Refuse Division, effective July 1, 1995; that the following positions be eliminated effective July 1, 1995: One (1) Maintenance Carpenter, Range 1321, $2,201 $2,675 per month; One (1) Maintenance Worker I, Range 1279, $1,785 - $2,170 per month; One (1) Maintenance Worker II, Range 1299, $1,972 - $2,397 per month; Two (2) Lead Maintenance Workers, Range 1334, $2,348 $2,854 per month; Two (2) Tree Trimmers, Range 1319, $2,179 - $2,649 per month; One (1) Motor Sweeper Operator, Range 1309, $2,073 - $2,520 per month and One (1) Storekeeper, Range 1272, $1,724 - $2,095 per month; and that the Personnel Department be directed to update Resolution No. 6413, Sections Ten, Eleven and Fourteen, to reflect this particular action. 1993/94 WATER, SEWER & GEOTHERMAL FUNDS ANNUAL AUDIT REPORT - WATER DEPARTMENT - RECEIVE AND FILE - CONTINUED FROM MARCH 20, 1995 (25) 9 4/17/95 This is the time and place continued to receive and file the Water Department's 1993/94 Water, Sewer and Geothermal Funds annual audit report. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the Water Department 1993/94 Water, Sewer and Geothermal Funds Annual Audit report be received and filed. REIMBURSE CITY ATTORNEY PENMAN - LEGAL FEES INCURRED - CONTEST ACCUSATIONS BY COUNCIL MEMBER HERNANDEZ AT THE STATE BAR - $2,182.58 - CONTINUED FROM MARCH 20, 1995 (26) This is the time and place contin~led to consider reimbursing City Attorney Penman for actions taken to contest accusations made by Council Member Hernandez at the State Bar. Council Member Oberhelman made a motion that the Mayor and Common Council approve the payment of legal fees, in the amount of $2,182.58, incurred by the City Attorney to contest accusations by Ralph Hernandez at the State Bar. The motion failed for lack of a second. A discussion continuance at the 20,1995. was held regarding the purpose for the Mayor and Common Council meeting held on March Council Member Hernandez made a motion, seconded by Council Member Curlin, that the matter be continued to May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. PURCHASE COMPUTER SYSTEM $89,087 OFFICE - REFERRED TO CITY ADMINISTRATOR CITY ATTORNEY'S ON APRIL 3, 1995 (27) 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. (Referred to City Administrator on April 3, 1995) (27) This is the time and place continued to consider the City Attorney's request to purchase a computer system in the amount of $89,087. 10 4/17/95 ,._____~_. - _. .__n Council Member Pope-Ludlam made a motion, seconded by Council Member Devlin, that said resolution be adopted for discussion purposes only. City Administrator Shauna Clark provided a synopsis of the action taken to execute the purchase of a computer system for the City Attorney's Office. Janis Ingels, Director of Management Information Services, answered questions regarding the bids received for a computer system for the City Attorney's Office and the applicability of the City Attorney's Office being able to connect to the City's computer system. A discussion was held City Attorney's Office to official bid process. relative to the actions taken by the procure a computer system and the Council Member Hernandez made a substitute motion, seconded by Council Member Negrete, to reject the request of the City Attorney's Office for the purchase of a computer system; and that the bids previously received from the City Attorney's Office be rejected. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: The vote was taken after discussion. ) Discussion ensued regarding the bids received in response to the request for proposals for a computer system to be utilized by the City Attorney's Office. The motion to continue carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RECESS MEETING At 10;10 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:17 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. 11 4/17 /95 --r----- ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Deputy City Clerk Vale; City Administrator Shauna Clark. Absent: None. APPEAL BUREAU OF FRANCHISES DECISION LOMA LINDA TOWING POLICE DEPARTMENT TOWING ROTATION LIST APPELLANTS, TRI CITY TOWING, INC., AL WILSON SERVICE, INC. & BIG Z AUTO WORKS (23) Lee Gagnon, Business Registration Supervisor, City Clerk's Office, submitted a Staff Report dated April 10, 1995, concerning a request by Tri City Towing, Inc., Al Wilson Service, Inc. and Big Z Auto Works to appeal the Bureau of Franchises decision to place Loma Linda Towing on the Police Department's towing rotation list. Rachel Clark, City Clerk, submitted a memorandum dated April 13, 1995, wherein transmitted is a letter dated April 13, 1995, by Attorney Roger A. Luebs, on behalf of Tri City Towing, Inc., Al Wilson Service, Inc. and Big Z Auto Works, requesting that the matter be tabled. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. PUBLIC HEARING - COURTESY AMBULANCE RATE INCREASE - CONTINUED FROM APRIL 3, 1995 (24) This is consider a Ambulance. the time and place continued for a public hearing to rate increase for services provided by Courtesy Mayor Minor opened the hearing. A discussion was held regarding the previous action taken to consider the approval of a rate increase for services provided by Courtesy Ambulance. The following individuals expressed opposition to the proposed rate increases: Ruben Lopez, 631 W. 16th Street, San Bernardino, California. Evelyn Kinney, California. 2048 E. 18th Street, San Bernardino, Terry Moll, 6705 N. Steven Way, San Bernardino, California. 12 4/17/95 ---,------- 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. (Continued from April 3, 1995) (24) Council Member Devlin made a motion, seconded Member Oberhelman, that the matter be continued to May the Council Chambers of City Hall, 300 North "D" Bernardino, California. by Counc i 1 15, 1995, in Street, San The Members Negrete, motion failed by the following vote: Ayes: Oberhelman, Devlin, Miller. Nays: Council Curlin, Hernandez, Pope-Ludlam. Absent: None. Council Members Discussion ensued regarding the previous action taken by the Ways & Means Committee. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be referred to the next Ways & Means Committee meeting and be brought back as a public hearing at the next Mayor and Common Council meeting of May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. If no action can be taken by the Ways & Means Committee, the matter will return as a public hearing at the Mayor and Common Council meeting of May 15, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE OF THE CITY ADMINISTRATOR AND REPEALING MC-839. (Continued from March 20, 1995) First (28) Discussion ensued relative to the previous action taken with respect to the Office of the City Administrator. Council Member Hernandez made a ~otion, seconded by Council Member Negrete, that said ordinance be laid over for final adoption. Discussion continued regarding the previous action taken and the appropriate action to be taken to reflect the duties currently delegated to the City Administrator. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA, stated that the position of City Administrator should be occupied by an attorney. 13 4/17/95 --------.----- ----r----..--. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that the matter be referred to the Legislative Review Committee for further investigation. Council Member Hernandez made a ~otion, seconded Member Negrete, that said ordinance be laid over adoption. by Council for final Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the matter be tabled. The substitute motion carried by the following vote: Council Members Oberhelman, Devlin, Pope-Ludlam, Miller. Council Members Negrete, Curlin, Hernandez. Absent: None. Ayes: Nays: RECESS MEETING At 11:02 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:08 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Economic Development Agency Special Counsel Timothy Sabo; Deputy City Clerk Vale; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION .. SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:08 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION (lA & R12) At 11:08 a.m., the Mayor and COMmon Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections. A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): EDA vs. Georqe Aquilar (and Cross Complaint) San Bernardino Superior Court Case No. 274061. 14 4/17/95 -----~:- B. Conference with real property negotiator pursuant to Government Code Section 54956.8: Properties: Properties bounded by Mill Street, 1-215 Rialto Avenue. "E" Street, Freeway and Negotiating Parties: Timothy C. Steinhaus on behalf Redevelopment Agency; and Kelegian. of the Haig Under Negotiation: Instructl.on will be given t? Agency negotiator concerning prlce and terms of payment for acquisition of necessary properties and disposition of Agency acquired properties. Properties: The Friendly Villages, 2151 West Rialto Avenue, San Bernardino, CA; Tropicana, 721 East Ninth Street, San Bernardino, CA; and Orangewood Estates, 2160 West Rialto Avenue, San Bernardino, CA. Negotiating Parties: Redevelopment Agency - Brooks London, The London Group; Owners of the Friendly Villages, Tropicana and Orangewood Estates. Under Negotiation: Price and terms of payment. C. Conference with legal counsel - pending litigation significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. CLOSED SESSION At 11:08 a.m., Chairman 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo; Deputy City Clerk Vale; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. Also present: Deputy City Attorney Rhemrev; Mike Trout, Contract Administrator, Economic Development Agency. 15 4/17/95 BROOKS LONDON & BONNIE BONAVANTE, THE LONDON GROUP, AND RHONDA CONNELLY, MILLER & SCHROEDER FINANCIAL, INC., ARRIVED At 11:40 a.m., Brooks London and Bonnie Bonavante, The London Group, 201 North "E" Street, Suite 208, San Bernardino, CA; and Rhonda Connelly, Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 200, Solano Beach, CA, arrived at the closed session. BROOKS LONDON & BONNIE BONAVANTE, THE LONDON GROUP, AND RHONDA CONNELLY, MILLER & SCHROEDER FINANCIAL, INC., EXCUSED At 11:58 a.m., Brooks London and Bonnie Bonavante, The London Group, 201 North "E" Street, Suite 208, San Bernardino, CA; and Rhonda Connelly, Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 200, Solano Beach, CA, left the closed session. ADJOURN CLOSED SESSION At 12:12 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 12:13 p.m., Chairman Minor reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Authority and Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo; Deputy City Clerk Vale; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. RECESS MEETING At 12: 13 p. m., the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and 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 2:02 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. 16 4/17/95 ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo; Deputy City Clerk Vale; Economic Development Agency Administrator Timothy Steinhaus. Absent: None. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin announced that a Ward Two community meeting would be held on April 24, 1995, at 6:00 p.m., Perris Hill Senior Center, 780 E. 21st Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:03 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1) 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 of the Community Development Commission, be waived. INSTALL STREET LIGHTS - BASE LINE STREET - AUTHORIZE ADVERTISEMENT OF BIDS - APPROVE PLAN NO. 9287 (R4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 5, 1995, concerning the installation of nine additional street lights on Base Line Street, from "H" Street to Waterman Avenue. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - MOBILEHOME PARK CONVERSION PROGRAM - TROP I CANA , ORANGEWOOD AND FRIENDLY VILLAGE MOBILEHOME ESTATES (R8) This is the time and place set to conduct a public hearing on the mobilehome park conversion program. Barbara Lindseth, Acting Director, Economic Development Agency, submitted a 12, 1995, concerning the mobilehome park Development Department, Staff Report dated April conversion program. 17 4/17/95 Mayor Minor opened the hearing. COUNCIL MEMBER HERNANDEZ EXCUSED At 2:37 p.m., Council Member Hernandez declared a conflict of interest with respect to the Orangewood Estates and left the Council meeting. Brooks London, The London Group, 201 North "E" Street, Suite 208, San Bernardino, CA, provided a synopsis of the mobilehome park conversion program and answered questions relative to such. DEPUTY CITY CLERK VALE EXCUSED At 2:40 p.m., Deputy City Clerk Vale left the Council meeting and was replaced by City Clerk Rachel Clark. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. COUNCIL MEMBER HERNANDEZ RETURNED At 2:43 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. RES. J-25 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,500,000 MULTIFAMILY HOUSING REVENUE BONDS (TROPICANA MOBILEHOME ESTATES PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R8B) RES. J-26 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,400,000 MULTIFAMILY HOUSING REVENUE BONDS (FRIENDLY VILLAGE PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R8D) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that Item Nos. R8B and R8D be approved. Resolution Nos. J-25 and J-26 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED At 2:46 p.m., Council Member Hernandez left the Council meeting. 18 4/17/95 RES. 95-117 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS. (R8A) RES. J-27 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,000,000 MULTIFAMILY HOUSING REVENUE BONDS (ORANGEWOOD MOBILEHOME ESTATES PROJECT) SERIES 1995A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R8C) RES. J-28 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY REGARDING THE HOLDING OF A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS. (R8E) RES. 95-118 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO A CERTAIN LOAN AGREEMENT. (R8G) RES. 95-119 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING PLEDGE OF CERTAIN FUNDS OF THE CITY AS SECURITY FOR CERTAIN BONDS. (R8H) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that Item Nos. R8A, R8C, R8E, R8G and R8H be approved. Resolution Nos. 95-117, J-27, J-28, 95-118 and 95-119 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED At 2: 47 p. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. DEBT SERVICE RESERVE FUND RESTRUCTURING DEVELOPMENT AGENCY ECONOMIC (Rll) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated April 11, 1995, concerning the restructuring of the debt service reserve fund. 19 4/17/95 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 95-120 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PREPARATION AND SUBMITTAL OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (RS2) Agency Administrator Steinhaus provided a synopsis of the action taken relative to the Carousel NaIl Revitalization Project and answered questions relating to such. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 95-120 was adopted Ayes; Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays; None. by the following vote: Hernandez, Oberhelman, Absent: None. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. RES. 95-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 952 ZONE 3 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (29) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-121 was adopted by the following vote: Ayes: Council Members Negrete, Curl~n, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 95-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR ASSISTANCE IN DEVELOPMENT AND MAINTENANCE OF AN ECONOMIC DEVELOPMENT GEOGRAPHIC INFORMATION SYSTEM, (EDGIS) . (30) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. 20 4/17/95 Resolution No. 95-122 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. WAIVE FEES $13 2 FOR USE OF SECCOMBE LAKE PARK AUTHORIZE CITY TO PAY LIABILITY INSURANCE & HEALTH PERMIT COSTS - FEEDING THE HOMELESS - DONNA D. CONANT (31) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a Staff Report dated April 6, 1995, concerning a request from Donna D. Conant for a waiver of fees and payment of liability insurance and health permit costs associated with feeding the homeless. A discussion ensued regarding the various non-profit organizations which provide assistance to the homeless. It was noted that the organization did not meet the conditions for a waiver. Council Member Devlin made a motion, seconded by Council Member Hernandez, that the request to waive fees in the amount of $132 and for the City to pay the costs of liability insurance and health permit costs for use of Seccombe Lake Park by Donna D. Conant for the purpose of feeding the homeless on April 30, 1995, be denied. The motion carried by the following vote: Ayes: Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Negrete. Absent: None. Council Miller. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.355, SUBSECTION D, OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SOLICITING, SELLING, ADVERTISING AND BEGGING. First (32) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. RES. 95-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO FILE A GRANT APPLICATION WITH THE STATE OF CALIFORNIA OFFICE OF CRIMINAL JUSTICE PLANNING FOR A CAREER CRIMINAL APPREHENSION PROGRAM (C-CAP) GRANT AND AUTHORIZING THE CITY'S CONTRIBUTION OF MATCHING FlillDS OVER THE LIFETIME OF THE GRANT. (33) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes; Council No. 95-123 was Members Negrete, adopted by the following vote: Curl~n, Hernandez, Oberhelman, 21 4/17/95 Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. MAYOR'S ABSENCE - NOTICE & PROTOCOL - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER HERNANDEZ (51) Council Member Hernandez submitted a Staff Report dated April 11, 1995, concerning notice and protocol in the Mayor's absence. A discussion was held regarding notice and protocol in the Mayor's absence. Council Member Negrete made a motion, Member Oberhelman, and unanimously carried, tabled. seconded by Council that the matter be ESTABLISH MATERIAL RECOVERY FACILITIES COUNCIL MEMBER HERNANDEZ COMMITTEE (82) Council Member Hernandez submitted a Staff Report dated April 11, 1995, concerning the formation of a Material Recovery Facilities Committee. A discussion was held regarding the need for the establishment of a Material Recovery Facilities Committee. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the Mayor and Common Council form a Material Recovery Facilities Committee made up of Council Members Negrete, Hernandez and Miller. City Administrator Shauna Clark provided a synopsis of the strides the City is making relative to the handling of commingled recyclables. Discussion ensued relative to the pros and cons of the establishment of a Material Recovery Facilities Committee. Council Member Curlin withdrew his second contingent upon the establishment of a two-member committee or the reassignment of Council Member Miller. The motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Miller, that the matter be tabled until the Mayor and Common Council has received an update from staff on commingled recyclables. Council Member Devlin amended his motion, seconded by Council Member Miller, that the matter be continued to May 15, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 4/17/95 _.~--~ Council Member Miller withdrew her second on the amended motion to allow for discussion. The amended motion failed for lack of a second. Discussion continued regarding the pros and cons of the establishment of a Material Recovery Facilities Committee. Council Member Hernandez Recovery Facilities Committee be Members Negrete and Hernandez. made a motion that a Material established and made up of Council The motion failed for lack of a second. Council Member Devlin made a motion, seconded by Council Member Miller, that the matter be continued to May 15, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Members Negrete, motion failed by the following vote: Ayes: Oberhelman, Devlin, Miller. Nays: Council Curlin, Hernandez, Pope-Ludlam. Absent: None. Council Members Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council form a Material Recovery Facilities Committee made up of Council Members Negrete, Hernandez and Miller. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Members Oberhelman, Devlin, Miller. Absent: None. Council Council Mayor Minor vetoed the motion. No further action was taken on thlS item. RES. 95-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF PROJECTS FOR 1996/2002 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM TO SAN BERNARDINO ASSOCIATED GOVERNMENTS. (53) Roger Hardgrave, Director of Public Works/City Engineer, answered questions concerning the allocation of Measure I funds. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-124 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 23 4/17/95 RES. 95-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE GRANT DEED FOR THE SALE OF THAT CERTAIN PROPERTY LOCATED AT 1350 SOUTH "En STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND RESCINDING RESOLUTION NO. 95-72. (54) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 95-125 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Ludlam, Miller. Nays: Council Member Oberhelman. Absent: vote: Pope- None. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3B) Council Member Pope-Ludlam stated that she would like to see the City form its own electrical company. FORMER STUDIO THEATER BUILDING 448 WEST BASE LINE STREET - DIRECT STAFF TO INSTRUCT OWNER TO DEMOLISH OR BRING UP TO CODE - COUNCIL MEMBER CURLIN (55) Council Member Curlin submitted a Staff Report dated April 11, 1995, concerning the former studio theater building located at 448 W. Base Line Street. A letter dated April 15, 1995, expressing support for the demolition of the former studio theater building, was submitted by the owners of five businesses located on Base Line Street. A discussion was held concerning the condition of the former studio theater building located at 448 W. Base Line Street. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA, objected to the owner being given an ultimatum. The following individuals expressed support for the demolition of the former studio theater building; Linda Sutherland, owner of The Fun Corner, 426 W. Base Line Street, San Bernardino, California. Steve Sutherland, owner of The Fun Corner, 426 W. Base Line Street, San Bernardino, California. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken by the Board of Building Commissioners to bring the former studio theater building into compliance with the Development Code. 24 4/17/95 --, Discussion ensued relative to the appropriate steps to be taken concerning the building located at 448 W. Base Line Street. COUNCIL MEMBER At 4: 32 p. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Council Member Curlin made a motion that Director Boughey be directed to prepare a report for the Mayor and Common Council meeting of May 15, 1995 or June 5, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Director Boughey prepare a report for the Mayor and Common Council meeting of June 5, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LEASE OR PURCHASE - 1505 NORTH WATERMAN AVENUE - DISCUSS & TAKE POSSIBLE ACTION (56) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 14, 1995, concerning the property located at 1505 N. Waterman Avenue. City Administrator Shauna Clark stated that the property is owned by the City and recommended that the property be sold rather than to have the City enter into a lease agreement. A discussion was held regarding the appropriate actions to be taken relative to the sale of City-owned property located at 1505 N. Waterman Avenue. COUNCIL MEMBER At 4: 37 P . m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that an appraisal be ordered for City-owned property located at 1505 N. Waterman Avenue; that the Department of Public Works/Engineering be instructed not to proceed with leasing of the propert.y; and that the matter be brought back to the Mayor and Common Council meeting of May 15, 1995, in the Council Chambers of City Hall, 300 North "DB Street, San Bernardino, California. COUNCIL MEMBER MILLER EXCUSED At 4:41 p.m., Council Member Miller left the Council meeting. 25 4/17/95 WAIVE FEES - $292 - TEMPORARY USE PERMIT - MAY 13, 1995 - BASE LINE AREA BUSINESS COUNCIL MEMBER CURLIN STREET FAIRE - ASSOCIATION - (57) Council Member Curlin submitted a Staff Report dated April 13, 1995, concerning a request from the Base Line Area Business Association for a waiver of fees associated with the Street Faire to be held on May 13, 1995. A discussion was held regarding the possibility of utilizing redevelopment funds. Council Member Pope-Ludlam made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be referred to the Redevelopment Committee. ADJOURNMENT (34) At 4:49 p.m., the regular meeting adjourned. The next regular meeting of the Mayor and Common Council will be held at 8:00 a.m., Monday, May 1, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~ zanna Cordova eputy City Clerk No. of Items: 46 No. of Hours; 7 26 4/17/95