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HomeMy WebLinkAbout09-05-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 5, 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 8:03 a.m., Tuesday, September 5, 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 Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. City Attorney Penman announced that the following additional cases would be discussed in closed session: County of San Bernardino, et al vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 224288, Appellate Court Case No. E012673; W.R. Holcomb vs. Reaistrar of Voters of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 23387. RECESS MEETING - CLOSED SESSION At 8:03 a.m., the Mayor and Common session for the following: (1) Council recessed to closed A) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Filson vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 20733; Economic Development Aaencv vs. Georae Aauilar San Bernardino Superior Court Case No. 274061; City of San Bernardino vs. Robert Osborne, et al. San Bernardino Superior Court Case No. 18390. B) Conference with legal counsel anticipated litigation significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956.9. 9/5/95 1 C) Conference with legal counsel anticipated litigation initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D) Conference with labor negotiator - pursuant to Government Code Section 54957.6. 1. Aaencv Neaotiator: Barbara Dillon, Personnel Director Emplovee Oraanizations: San Bernardino Public Employees Association (SBPEA) General Unit. San Bernardino Public Employees Association (SBPEA) Mid-Management Unit. 2. Aaencv Neaotiator: Shauna Clark, City Administrator Emplovee Oraanization: San Bernardino City Management Association (SBCMA). CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. Also present: Senior Assistant City Attorney Deputy City Attorney Simmons, Margaret Scroggin, Operations Supervisor, City Attorney's Office. Morillo, Senior Administrative READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular and supplemental agenda of the Mayor and Common Council and Community Development Commission while the Council were in closed session. COUNCIL MEMBER NEGRETE ARRIVED At 8:05 a.m., Council Member Negrete arrived at the closed session. 9/5/95 2 SENIOR DEPUTY At 8: 07 a. m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:07 a.m., Deputy City Attorney Rhemrev arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:16 a.m., Council Member Pope-Ludlam arrived at the closed session. BARBARA PACHON, DIRECTOR OF FINANCE, ARRIVED At 8:45 a.m., Barbara Pachon, Director of Finance, arrived at the closed session. ADJOURN CLOSED SESSION At 9: 04 a. m., the closed session adjourned to the regular meeting of the Mayor and Common Council. RECONVENE MEETING At 9:06 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Miller. INVOCATION The invocation Bernardino Christian was given Centre. by Pastor Philip Powell, San PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. COUNCIL MEMBERS NEGRETE AND MILLER RETURNED At 9:08 a.m., Council Members Negrete and Miller returned to the Council meeting and took their places at the council table. APPOINTMENT SHIRLEY 0' CONNOR COMMISSION - COUNCIL MEMBER MILLER PARKS & RECREATION (52) Mayor Minor submitted a Staff Report dated August 30, 1995, recommending the appointment of Shirley O'Connor, 535 Fairmount Dr., San Bernardino, CA, to the Parks and Recreation Commission, as requested by Council Member Miller. 9/5/95 3 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Shirley O'Connor to the Parks and Recreation Commission, as requested by Council Member Miller, be approved. COMMENDATION - WALTER SCHUILING COMMISSION - FORMER MEMBER PARKS & RECREATION (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Walter Schuiling for his dedicated service to the community as a former member of the Parks and Recreation Commission. PROCLAMATION NATIONAL JOB TRAINING PARTNERSHIP ACT (JTPA) ALUMNI MONTH - AUGUST 1995 (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of August 1995 as National Job Training Partnership Act (JTPA) Alumni Month. Deborah Hagar, Alton Garrett, and Ernest Dowdy, Executive Director, San Bernardino Employment and Training Agency (SBETA) were present to accept the proclamation. COMMENDATION NATIONAL JOB (JTPA) OUTSTANDING ALUMNI VANEGAS & KATHLEEN CLARKE TRAINING PARTNERSHIP ACT JOSEPH BULINSKI, LISA (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read commendations to Joseph Bulinski, Lisa Vanegas, and Kathleen Clarke, as Outstanding Alumni of the Job Training Partnership Act (JTPA) Program. Joseph Bulinski, Lisa Vanegas, and Kathleen Clarke were present to accept their commendations. COMMENDATION NATIONAL JOB TRAINING PARTNERSHIP ACT (JTPA) OUTSTANDING TRAINING PROVIDER LOMA LINDA UNIVERSITY MEDICAL CENTER, DEPARTMENT OF EDUCATION & TRAINING (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Lorna Linda University Medical Center, Department of Education and Training, as Outstanding Training Provider for the Job Training Partnership Act (JTPA) Program. Martin Howard, Director of the Lorna Linda University Medical Center, Department of Education and Training, was present to accept the commendation. 9/5/95 4 COMMENDATION NATIONAL JOB TRAINING PARTNERSHIP ACT (JTPA) - OUTSTANDING EMPLOYER - HARRIS' DEPARTMENT STORE (2D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Harris' Department Store as Outstanding Employer for the Job Training Partnership Act (JTPA) Program. Geoff Ingel, Vice President of Stores and Personnel, and Ted Grady, Senior Vice President of Finance, Harris' Department Store, were present to accept the commendation. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed support for the San Bernardino Police Department, and pledged to work for maintaining the absence of bigotry in the Police Department. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3A) Council Member Oberhelman urged all residents to support the Route 66 Rendezvous to be held September 14 - 17, 1995, in San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3B) Council Member Devlin stated that the Police Department's Strategic Plan Steering Committee has developed a vision statement and continues to work on the strategic plan for the San Bernardino Police Department. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3C) City Clerk Rachel Clark announced that Tuesday, October 10, 1995, is the last day to register or re-register to vote for the Tuesday, November 7, 1995, Primary Municipal Election. CLOSED SESSION ANNOUNCEMENTS - CITY ATTORNEY PENMAN (3D) City Attorney Penman announced that the following action was taken in closed session: A) Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1. Filson vs. City of San Bernardino Superior Court Case No. SCV 20733. San Bernardino The Mayor and Common Council authorized the execution of a settlement agreement which provides for: allowing use of sick 9/5/95 5 leave for absence from work on August 10, 1994; payment of compensation to be based on the rate of pay then in effect, with interest added at the legal rate of 10% (ten percent) per annum; payment of the officers' court costs including filing fees and process server fees of $331.00; each side to bear its own attorneys fees; and that a release be signed by each officer, and dismissal of the lawsuit with prejudice. 2. County of Bernardino, No. 224288, San Bernardino, et al vs, Citv of et al. - San Bernardino Superior Court Appellate Court Case No. E012673. San Case The City has received a tentative opinion from the Fourth District Court of Appeals which provides that cities, such as San Bernardino, can operate their own ambulances, ANNOUNCEMENT - MAYOR MINOR (3D) Mayor Minor announced that The Sun Newspaper had inadvertently stated that there would be a ground breaking ceremony today for the baseball stadium; however, there is only going to be a photographic opportunity at 1:00 p.m. PUBLIC COMMENTS - JOHN HART (4) John Hart, 787 East pioneer Street, San Bernardino, CA, expressed concern regarding recent illegal actions taken by the Police Department at the 787 East pioneer Street property. PUBLIC COMMENTS - RUBEN LOPEZ (4A) Ruben Lopez, 631 West 16th Street, San Bernardino, CA, urged all residents to vote on November 7, 1995. PUBLIC COMMENTS - TERRY MOLL (4B) Terry Moll, 6705 N. Steven Way, San Bernardino, CA, urged all residents to vote on November 7, 1995. PUBLIC COMMENTS - JAMES PENMAN (4C) James Penman, 2555 Alameda, San Bernardino, CA, announced that his campaign for City Attorney was holding a spaghetti dinner fund raiser this evening at the MUG Restaurant and invited everyone to attend. 9/5/95 6 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that full reading of the Resolutions and Ordinances on the regular and supplemental agenda of the Mayor and Common Council, be waived. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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: July 10, 1995; July 27, 1995; and August 14, 1995. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. RES. 95-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that Exhibit A be amended to remove the properties located at 418 - 434 West 18th Street, The motion carried, and Resolution No, 95-302 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope- Ludlam. Absent: None. RES. 95-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FRESH PAINT FOR THE FURNISHING AND DELIVERY OF ANNUAL PAINTING SERVICE FOR CITY OWNED BUILDINGS, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-08. (8) 9/5/95 7 RES. 95-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AMERICAN BUILDING MAINTENANCE COMPANY FOR THE FURNISHING AND DELIVERY OF CUSTODIAL SERVICE FOR THE CENTRAL POLICE STATION, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-09. (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 95-303 and 95-304 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: None. ESTABLISH SALARIES - POLICE DEPARTMENT RANGES P-1 (POLICE OFFICER) , P-2 (DETECTIVE/TRAINING OFFICER) , P-3 (SERGEANT) & LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1, 1995 (11) Barbara Dillon, Director of Personnel, submitted a Staff Report dated August 22, 1995, requesting that certain Police Department salaries be established pursuant to San Bernardino City Charter, Section 186; the additional cost for salaries and fringe benefits, that rise with salary, totals $143,984. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the salaries for Police Department Ranges P-l (Police Officer), P-2 (Detective/Training Officer), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 1995, as outlined in the Staff Report from Barbara Dillon, Personnel Director, dated August 22, 1995; and that the Personnel Department be instructed to prepare an amendment to Resolution No. 6429 and 6413, Section 13. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. ESTABLISH FIGHTER) , ENGINEER) EFFECTIVE SALARIES - FIRE DEPARTMENT RANGES P-2 (PARAMEDIC/FIRE FIGHTER), & P-4 (FIRE INVESTIGATOR & FIRE AUGUST 1, 1995 P-1 (FIRE P-3 (FIRE CAPTAIN) (12) Barbara Dillon, Director of Personnel, submitted a Staff Report dated August 22, 1995, requesting that certain Fire Department salaries be established pursuant to San Bernardino City Charter, Section 186; the additional cost for salaries and fringe benefits, that rise with salary, totals $445,229. 9/5/95 8 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the salaries for Fire Department Ranges P-1 (Fire Fighter), P-2 (Paramedic/Fire Fighter), P-3 (Fire Engineer) , P-4 (Fire Investigator and Fire Captain) be established, effective August 1, 1995, as outlined in the Staff Report from Barbara Dillon, Personnel Director, dated August 22, 1995; and that the Personnel Department be instructed to prepare an amendment to Resolution No. 6429 and 6413, Section 13. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. PERSONNEL ACTIONS (13) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the personnel actions submitted by the Chief Examiner dated August 24, 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. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None, Council Miller. INSTALL TRAFFIC SIGNALS - PINE AVENUE APPROVE ADVERTISEMENT FOR BIDS KENDALL DRIVE & NEW PLAN NO. 9345 & PORTION OF AUTHORIZE (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 17, 1995, requesting the approval of Plan No, 9345; and the authorization to advertise for bids for the installation of traffic signals, highway safety lighting, curb returns and pavement widening at Kendall Drive and the new portion of pine Avenue, at a total estimated project cost $119,000. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the plans for installation of traffic signals at Kendall Drive and Pine Avenue (new alignment), in accordance with Plan No, 9345, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. 9/5/95 9 INSTALL TRAFFIC SIGNALS - MILL STREET & MERIDIAN AVENUE _ APPROVE PLAN NO. 9349 & AUTHORIZE ADVERTISEMENT FOR BIDS (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 18, 1995, requesting the approval of Plan No. 9349; and the authorization to advertise for bids for the installation of traffic signals, highway safety lighting, curb returns, paving and the relocation of a garage building to clear the right-of-way, at a total estimated project cost of $146,350. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the plans for installation for traffic signals and appurtenant facilities, at the intersection of Mill Street and Meridian Avenue, in accordance with Plan No. 9349, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. STREET IMPROVEMENTS SAN BERNARDINO AVENUE, FROM RICHARDSON AVENUE TO MT. VIEW AVENUE - APPROVE PLAN NO. 9280 & AUTHORIZE ADVERTISEMENT FOR BIDS (16) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 23, 1995, requesting the approval of Plan No. 9280; and the authorization to advertise for bids for the installation of curbs, gutters, fill-in paving, rehabilitating existing pavement, and constructing driveway approaches, at a total estimated project cost of $250,000. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the plans and improvement of San Bernardino Avenue, from Richardson Avenue to Mt. View Avenue, in accordance with Plan No. 9280, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. CLEARING PROPERTY (GRUBBING) - 40TH STREET, FROM THIRD AVENUE TO ACRE LANE - UNDERGROUND UTILITY DISTRICT NO, 20 - APPROVE PLAN NO. 8512-A & AUTHORIZE ADVERTISEMENT FOR BIDS (17) Roger Hardgrave, Director of Public Works/City Engineer, 9/5/95 10 submitted a Staff Report dated August 18, 1995, requesting the approval of Plan No. 8512-A; and the authorization to advertise for bids for the removal of obstructions and the relocation of fences and walls for the new street right -of -way line, at a total estimated project cost of $38,700. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the plans for clearing and grubbing for widening 40th Street, from Third Avenue to Acre Lane, in accordance with Plan No, 8512-A, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. FEDERAL EMERGENCY MANAGEMENT ASSOCIATION - EMERGENCY FOOD & SHELTER PROGRAM FUNDS - AUTHORIZE DIRECTOR TO APPLY FOR & ADMINISTER - $50,000 (10) Annie Ramos, Director of Parks, Recreation and Community Services, submitted a Staff Report dated August 22, 1995, requesting authorization to apply for and administer a $50,000 Emergency Food and Shelter Grant through the Westside Community Service Center from October 1, 1995 through September 30, 1996. 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 administer $50,000 of Emergency Food and Shelter Funds provided under the provision of the Emergency Food and Shelter National Program (FEMA XIV) . RES. 95-305 - 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 FORTY-SIXTH STREET IS A THROUGH HIGHWAY BETWEEN ACACIA AVENUE AND ELECTRIC AVENUE; AND THAT ACACIA AVENUE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH FORTY-SIXTH STREET. (20) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-305 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. 9/5/95 11 RES. 95-306 - 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 AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF PALM AVENUE AND BELMONT AVENUE. (21) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-306 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER At 9: 4 6 a, m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council RES. 95-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH OMNITRANS, A JOINT POWERS PUBLIC TRANSIT AGENCY, FOR THE ELECTRIC SHUTTLE SERVICE DEMONSTRATION PROJECT. (22) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-307 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. RES. 95-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT WITH GREAT WESTERN SAVINGS FOR SERVICES AS ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN BY MODIFYING EXHIBIT "A" TO INCLUDE ADDITIONAL INVESTMENT VEHICLES. (Connecting Hospitality Lane, Inland Center & Carousel Malls, & downtown areas) (23) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-308 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. RES, 95-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM AUSTIN COMPANY RELATING TO THE LEASE OF PUBLIC PARKING SPACES. (Parking District Lot #3) (24) 9/5/95 12 Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-309 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. RES. 95-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOHKO KOBAYASI-ARNETT, RELATING TO THE LEASE OF PUBLIC PARKING SPACES. (Parking District Lot #3) (25) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-310 was adopted by the following Ayes: Council Members Negrete, Curlin, Hernandez, Miller. Council Members Oberhelman, Devlin. Absent: Council Member Ludlam. vote: Nays: Pope- DESIGNATE ALTERNATE VOTING DELEGATE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 22-24, 1995 - SAN FRANCISCO, CALIFORNIA (26) Rachel Clark, City Clerk, submitted a Staff Report dated August 22, 1995, regarding the selection of an alternate voting delegate for the League of California Cities Annual Conference to be held on October 22-24, 1995, in San Francisco, California. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that Mayor Minor be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held on October 22-24, 1995, in San Francisco, California; and that Council Member Miller be designated as the alternate voting representative. RES. 95-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. ($2,500) (27A) RES. 95-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. ($1,500) (27B) RES. 95-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MUSICAL THEATRE FOR THE PROMOTION OF ARTS AND CULTURE. ($2,000) (27C) 9/5/95 13 RES. 95-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. ($14,000) (27D) RES. 95-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE PROMOTION OF ARTS AND CULTURE. ( $ 3 , 000 ) (27E) RES. 95-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY OF SAN BERNARDINO, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. ($11,000) (27F) RES. 95-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE, ($63,000) (27G) RES. 95-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE, ($5,000) (271) RES. 95-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. ($37,500) (27J) RES. 95-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. ($15,000) (27K) RES, 95-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EVERGREEN SINGERS FOR THE PROMOTION OF ARTS AND CULTURE. ( $ 2 , 500 ) (27L) RES. 95-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (FINE ARTS FUNDING $15,000) (27M) RES. 95-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ALLIANCE FOR THE PROMOTION OF ARTS AND CULTURE. ($7,500) (27N) 9/5/95 14 Discussion ensued regarding the minimum requirements that organizations must comply with to receive fine arts funding, Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolutions, Item Nos. 27 A-N, except H, be adopted. Resolution Nos. 95-311, 95-312, 95-313, 95-314, 95-315, 95- 316, 95 - 317, 95- 319, 95 -320, 95 -321, 95 -322, 95 -323, and 95 -324 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. RES. 95-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FOLKLORICO TONATIUH FOR THE PROMOTION OF ARTS AND CULTURE, ($ 5 0 0) (27H) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution, Item No. 27 H, be adopted. Ayes: Nays: Ludlam. Resolution No. 95-318 was adopted by the following vote: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Council Member Hernandez. Absent: Council Member Pope- RES. 95-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO LEASE AGREEMENT WITH THE ASSOCIATION OF RETARDED CITIZENS, SAN BERNARDINO AREA, RELATING TO EXTENDING THE TERM OF SAID LEASE. (Antil Property North of 6th Street, East of Waterman Avenue formerly Council for Retarded Children & School of Hope) (28) Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No, 95-325 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. PUBLIC HEARING - RESOLUTION IMPOSING LIENS - UNCOLLECTED BUSINESS REGISTRATION FEES (18) This is the consider imposing registration fees dwelling units. time and place set liens on property for the rental or for a public hearing to for uncollected business leasing of single family 9/5/95 15 Rachel Clark, City Clerk, submitted a Staff Report dated August 17, 1995, requesting authorization to impose liens on property for uncollected business registration fees. Mayor Minor opened the hearing. RES. 95-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (18) Council Member Hernandez made a motion, Member Oberhelman, and unanimously carried, closed, seconded by Council that the hearing be Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted; and that Exhibit A be amended to remove the following properties: 2286 South Artesia Street, 2304 South Artesia Street, 205 East 34th Street, 2313 North Newport Avenue, 1188 Congress Street, 570 North Meridian, 726 La Porte Avenue, 2065 College Avenue, APN Nos. 266-591-01, 02, and 03; and 1029 West Rialto Avenue. The motion carried, and the following vote: Ayes: Hernandez, Oberhelman, Devlin, Council Member Pope-Ludlam. Resolution Council Miller. No. 95-326 was adopted by Members Negrete, Curlin, Nays: None. Absent: PUBLIC HEARING - STREET VACATION - NORTH 32.5 FEET OF 29TH STREET, EAST OF VACATED SAN GABRIEL STREET (19) This is the time and place set consider ordering the vacation of the Street, east of the vacated San Gabriel for a public hearing to north 32.5 feet of 29th Street. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 15, 1995, requesting authorization to order the vacation of the north 32.5 feet of 29th Street, east of the vacated San Gabriel Street. Mayor Minor opened the hearing. RES. 95-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE NORTH 32.5 FEET OF 29TH STREET LYING EAST OF VACATED SAN GABRIEL STREET AND RESERVING AN EASEMENT FOR WATER PURPOSES. (19) Council Member Curlin made a motion, Member Hernandez, and unanimously carried, closed. seconded by Council that the hearing be 9/5/95 16 Council Member Miller made a motion, seconded by Council Member Curlin, that the findings of fact as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, as to why the north 32.5 feet of 29th Street east of vacated San Gabriel Street, is no longer necessary for street purposes, be approved; and that said resolution be adopted. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Miller. Council Member pope-Ludlam. No. 95-327 was adopted by Member Negrete, Curlin, Nays: None. Absent: RES. 95-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES WITH THE FIRM OF BROWN, DIVEN AND HENTSCHKE AS LEGAL CONSULTANT AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF GFB FRIEDRICH AND ASSOCIATES, INC., RELATIVE TO THE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE. (ASSESSMENT DISTRICT NO. 1015) (GFB Friedrich & Associates $13,900; Brown, Diven & Hentschke $11,330; total $25,230 from assessment district proceeds.) (See related Item No. R8) (Continued from August 21, 1995) (See Page 21) (29) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-328 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. CODE ENFORCEMENT TIME LINES - DISCUSS & TAKE ACTION - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM AUGUST 21, 1995 (30) This is the time and place continued to discuss the time involved with various code enforcement actions. Al Boughey, Director of Planning and Building Services, submitted a memorandum dated September 5, 1995, relative to the length of normal and summary code enforcement processes. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to September 18, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9/5/95 17 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING FOR A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE CITY OF SAN BERNARDINO, (Continued from August 21, 1995) (31) Council Member Negrete made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to September 18, 1995, in the Council Chambers of City Hall. 300 North "D" Street, San Bernardino, California. (Note: The Mayor and Common Council subsequently took action to adjourn the meeting to 4:00 p.m., Monday, September 11, 1995, to discuss this matter.) COUNCIL STANDING COMMITTEE APPOINTMENT CHANGES - MEMBER CURLIN FROM THE WAYS & MEANS TO THE COMMITTEE - COUNCIL MEMBER OBERHELMAN FROM THE COMMITTEE TO THE WAYS AND MEANS COMMITTEE COUNCIL HOUSING HOUSING (S-l) Phil Arvizo, Executive Assistant tco the Council, submitted a Staff Report dated August 29, 1995, requesting that the following appointments to the Council standing committees be changed as follows: Council Member Curlin from the Ways and Means Committee to the Housing Committee; and Council Member Oberhelman from the Housing Committee to the Ways and Means Committee. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Council standing committee appointment changes of Council Member Curlin from the Ways and Means Committee to the Housing Committee and Council Member Oberhelman from the Housing Committee to the Ways and Means Committee, be approved; and that Housing Committee meetings be held on Mondays. RES. 95-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC., RELATING TO TREE TRIMMING SERVICES TO EXTEND TERM OF AGREEMENT FOR THREE (3) YEARS. ($100,000 from non- general fund sources; and $100,000 from the Economic Development Agency; total $200,000) (S3) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-329 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. 9/5/95 18 REPAIR STORM DAMAGE - PALM AVENUE BOX CULVERT AT CITY CREEK - APPROVE PLAN NO. 9351 & AUTHORIZE ADVERTISEMENT FOR BIDS (S4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 29, 1995, requesting the approval of Plan No. 9351; and the authorization to advertise for bids for the replacement of eroded sections of the roadway embankment asphalt pavement and guardrail for the Palm Avenue box cuI vert at City Creek, at a total estimated proj ect cost of $62,000. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for repair of storm damage to the Palm Avenue box culvert at City Creek, in accordance with Plan No. 9351, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 95-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO H.M.S, FENCE COMPANY FOR INSTALLATION OF INTERIM SECURITY FENCING ALONG TIPPECANOE AVENUE, WITHIN THE FORMER NORTON AIR FORCE BASE. (75% from a Federal Economic Development Administration Grant; 25% from a Inland Valley Development Agency Grant; Total $40,000) (S5) Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 95-330 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam, RECESS MEETING At 10:07 a.m" Mayor Minor recessed the meeting until 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RECONVENE MEETING At 11:05 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Barlow, Economic Development Agency Special Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Pope- 9/5/95 19 Ludlam. COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:05 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. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) 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 Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority, be waived. UNDERGROUND UTILITY FACILITIES - HIGHLAND AVENUE FROM PIEDMONT DRIVE TO BOULDER AVENUE - APPROVE PLAN NO. 9350 & AUTHORIZE THE ADVERTISEMENT FOR BIDS (RS) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated August 22, 1995, requesting the approval of Plan No. 9350; and the authorization to advertise for bids for the installation of underground utility facilities along Highland Avenue from Piedmont Drive to Boulder Avenue, at a total estimated project cost of $120,000. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of underground utility facilities along Highland Avenue, from piedmont Drive to Boulder Avenue, in accordance with Plan No, 9350, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 95-331 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF FRIENDLY VILLAGE MOBILE HOME ESTATES. (Mobile Home Park Conversion Program) (R7A) RES. 95-332 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF TROPICANA MOBILE ESTATES. (Mobile Home Park Conversion Program) (R7B) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. 9/5/95 20 Resolution Nos. 95-331 and 95-332 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Abstain: None. Absent: Council Member Pope-Ludlam. RES. 95-333 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE USE OF HOME FUNDS IN CONNECTION WITH THE MODERATE OR SUBSTANTIAL REHABILITATION OF ORANGEWOOD ESTATES MOBILE HOME PARK. (Mobile Home Park Conversion Program) (R7C) Council Member Hernandez stated ~hat he would abstain from voting on the resolution regarding Orangewood Estates Mobile Home Park, Item No. R7C. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted, Resolution No. 95-333 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:07 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. INFRASTRUCTURE IMPROVEMENTS - NEW PORTION OF - BETWEEN KENDALL DRIVE & IRVINGTON AVENUE - ITEM NO. 29 - SEE PAGE 17 PINE AVENUE SEE RELATED (R8) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated August 30, 1995, relative to the construction of a new portion of Pine Avenue between Kendall Drive and Irvington Avenue, at a total estimated cost of $1,133,000. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council approve $316,500 to be advanced from the Sewer Line Maintenance Fund and $316,500 from the Sewer Line Construction Fund to finance the construction cost of the new portion of pine Avenue; that authorization be granted to execute the loan agreement outlining the terms and conditions under which the loan will be repaid after the formation of the New pine Assessment District; that the Community Development Commission authorize a loan with First Interstate Bank in the amount of $500,000; that the Economic Development Agency authorize the Agency Administrator to execute a loan agreement between the Economic Development Agency and the Ci ty; and that the agreement be brought back to the Mayor and Common Council and Community Development Commission for final 9/5/95 21 approval. JUNIOR POLICE ACADEMY - LYTLE CREEK ELEMENTARY SCHOOL _ CONTINUE FUNDING (RS2) Barbara Lindseth, Acting Director, Development Department, Economic Development Agency, submitted a Staff Report dated September 1, 1995, relative to the continued funding for the Junior Police Academy located at Lytle Creek Elementary School. Council Member Devlin made a motion, seconded by Council Member Hernandez, that $26,000 be approved; that staff be directed to locate an additional $10,000; and that the allocation of said funds for the Junior Police Academy be approved in concept. (Note: There was no vote taken.) Council Member Oberhelman made a substitute motion, seconded by Council Member Pope-Ludlam, that Civic and Promotional funding in the amount of $10,000 for the Junior Police Academy be approved, without referring the matter to the Ways and Means Committee for consideration. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller, RES. 95-334 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $120,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY. (RS1A) RES. J-32 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF AN APPROXIMATE PRINCIPAL AMOUNT OF $94,000,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY POOLED TAX ALLOCATION REFUNDING BONDS, 1995 SERIES A AND AN APPROPRIATE PRINCIPAL AMOUNT OF $17,100,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY SUBORDINATED POOLED TAX ALLOCATION REFUNDING BONDS, 1995 SERIES B, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION EXECUTION AND DELIVERY. (RS1C) Discussion ensued regarding the merits refunding of certain tax allocation bonds; Development Agency's debt to revenue ratio if of and the the proposed the Economic proposed bond 9/5/95 22 refunding is approved. Warner Hodgdon, National Equity Engineering, p, O. Box 2146, San Bernardino, CA, submitted a letter and backup documentation dated September 5, 1995, regarding the proposed refunding, refinancing and restructuring of certain Economic Development Agency and San Bernardino Joint Powers Financing Authority bonds. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 95-334 and J-32 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez, Absent: None. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community RECESS MEETING At 12:21 p,m., the joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ANNOUNCEMENT - PHIL ARVIZO, EXECUTIVE ASSISTANT TO THE COUNCIL phil Arvizo, Executive Assistant to the Council, announced that the meeting would not reconvene until 2: 30 p. m., as the photographic opportunity at the proposed baseball stadium site had taken longer than anticipated. RECONVENE MEETING At 2:33 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Financing Authority, 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; Deputy City Attorney Empeno, City Clerk Rachel Clark, Planning and Building Services Director Boughey, Absent: Council Member Miller. 9/5/95 23 DESIGNATE RESPONSIBILITY TO MAKE "PUBLIC CONVENIENCE OR NECESSITY" DETERMINATION A CONDITION OF APPROVAL - STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL - NEW STATE REQUIREMENT (32) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated August 23, 1995, relative to the State of California Business and Professions Code which now allows the State of California Department of Alcoholic Beverage Control to require local agencies to make determinations prior to the issuance of liquor license transfers and licenses for new businesses where off-site and on-site alcohol licenses are required, Director Boughey explained the merits of the proposed recommendation. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Mayor and Common Council designate the Director of Planning and Building Services and/or the Planning Commission responsible for making the "public convenience or necessity" determination associated with all businesses where alcohol licenses are required, as recommended by the State of California Department of Alcoholic Beverage Control. (Note: There was no vote taken.) Discussion ensued regarding the merits of the proposed recommendation, Council Member Curlin made a substitute motion, seconded by Council Member Hernandez, that the Mayor and Common Council designate the Director of Planning and Building Services and/or the Planning Commission as responsible for making a recommendation to the Mayor and Common Council who retain final approval authority, relative to the "public convenience or necessity" determination associated with all businesses where alcohol licenses are requested, as required by the State of California Department of Alcoholic Beverage Control. (Note: There was no vote taken.) Council Member Hernandez made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the Mayor and Common Council shall make the determination as to the "public convenience and necessity" associated with all businesses where alcohol licenses are required pursuant to Section 23958.4 of the California Business and Professions Code. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:57 p.m., Deputy City Attorney Empeno left the Council meeting, and was replaced by City Attorney Penman. 9/5/95 24 RECESS MEETING - CLOSED SESSION (1) At 3: 03 p, m., Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council recess to closed session for the following: A) Conference with legal counsel - ex} sting litigation - pursuant to Government Code Section 54956.9(19)a): Filson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 20733; Economic Development Aaency vs. Georae Aauilar San Bernardino Superior Court Case No. 274061; City of San Bernardino vs. Robert Osborne, et al. San Bernardino Superior Court Case No. 18390; County of San Bernardino, et al vs. Citvof San Bernardino, et al. - San Bernardino Superior Court Case No. 224288, Appellate Court Case No. E012673; W.R, Holcomb vs. Reaistrar of Voters of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 23387. B) Conference with legal counsel anticipated litigation significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956.9. C) Conference initiation Government with legal counsel anticipated litigation of litigation - pursuant to subdivision (c) of Code Section 54956,9, D) Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1. Aaencv Neaotiator: Barbara Dillon, Personnel Director Employee Oraanizations: San Bernardino Public Employees Association (SBPEA) General Unit, San Bernardino Public Employees Association (SBPEA) Mid-Management Unit. 2. Aaencv Neaotiator: Shauna Clark, City Administrator Emplovee Oraanization: San Bernardino City Management Association (SBCMA), 9/5/95 25 The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Devlin. Absent: Council Member Miller. CLOSED SESSION At 3:03 p.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, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. Also Scroggin, Office. present: Deputy City Administrati ve Operations Attorney Rhemrev, Margaret Supervisor, City Attorney's COUNCIL MEMBER HERNANDEZ EXCUSED At 3:17 p.m., Council Member Hernandez left the closed session. ADJOURN CLOSED SESSION At 3 :21 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:21 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 following being present: Curlin, Oberhelman, Devlin, Clerk Rachel Clark, City Council Members Hernandez, by City Clerk Rachel Clark with the Mayor Minor; Council Members Negrete, Pope-Ludlam; City Attorney Penman, City Administrator Shauna Clark. Absent: Miller. 9/5/95 26 ADJOURNMENT At 3:22 p.m., the meeting was adjourned to September, 11, 1995, in the Council Chambers North "D" Street, San Bernardino, California. (33) 4:00 p.m., Monday, of City Hall, 300 RACHEL CLARK City Clerk By l-12ti (;!,,;a; ~--C~. Melanie Vale Deputy City Clerk No. of Items: 44 No. of Hours: 5 9/5/95 27