HomeMy WebLinkAbout02-03-1997 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 3, 1997
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and
Community Development Commission of the City of San Bernardino was
called to order by Mayor Minor at 8:03 a.m., Monday, February 3,
1997, 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, Oberhelman, Anderson; City Attorney Penman, City Clerk
Rachel Clark, Acting City Administrator Wilson. Absent: Council
Members Arias, Devlin, Miller.
RECESS MEETING - CLOSED SESSION (1&S4)
At 8:03 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Annie Hardv vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 24437;
Maxine Rosa vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 26933;
Tomas Armendariz vs. Penman. et al. United States
District Court Case No. CV 91-5757 CBM (JRx);
Michael Caldwell vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 26026;
Yousef Saman vs. City of San Bernardino. et al. - United
States District Court Case No. CV 93-0448 CBM;
Frank E. Wooten vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 27737.
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2/3/1997
B. Conference with legal counsel - anticipated litigation _
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation _
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Public employee appointment pursuant to Government Code
Section 54957:
position: Fire Chief.
CLOSED SESSION
At 8:03 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Oberhelman, Anderson; City Attorney Penman, City Clerk
Rachel Clark, Acting City Administrator Wilson. Absent: Council
Members Arias, Devlin, Miller.
Also present: Senior Assistant City Attorney Carlyle, Senior
Deputy City Attorney Simmons, Deputy City Attorney Aldstadt,
Margaret Scroggin, Administrative Operations Supervisor, and Edna
Anderson, Legal Secretary I, City Attorney's Office; and Joe Arias
of MacLachlan, Burford & Arias, 560 E. Hospitality Lane, San
Bernardino, CA.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular and supplemental
agendas of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority/San Bernardino Associated
Communities Financing Authority and Mayor and Common Council while
the Mayor and Council and Community Development Commission were in
closed session.
COUNCIL MEMBERS ARIAS & DEVLIN ARRIVED
At 8:06 a.m., Council Members Arias and Devlin arrived at the
closed session.
COUNCIL MEMBER MILLER ARRIVED
At 8:13 a.m., Council Member Miller arrived at the closed
session.
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2/3/1997
SPECIAL COUNSEL JOE ARIAS EXCUSED
At 8:17 a.m., Special Counsel Joe Arias of MacLachlan, Burford
& Arias, 560 E. Hospitality Lane, San Bernardino, CA, left the
closed session.
SENIOR DEPUTY
At 8: 23 a. m. ,
closed session.
CITY ATTORNEY SIMMONS EXCUSED
Senior Deputy City Attorney Simmons left the
DEPUTY CITY ATTORNEY ALDSTADT EXCUSED
At 8:27 a.m., Deputy City Attorney Aldstadt left the closed
session.
ADJOURN CLOSED SESSION
At 8:32 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:03 a.m., Mayor Minor reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken
following being present:
Arias, Oberhelman, Devlin,
Rachel Clark, Acting City
Members Curlin, Anderson.
by City Clerk Rachel Clark with the
Mayor Minor; Council Members Negrete,
Miller; City Attorney Penman, City Clerk
Administrator Wilson. Absent: Council
INVOCATION
The invocation was given by Major Russell Fritz of the
Salvation Army.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Negrete.
ANNOUNCEMENTS - MAYOR MINOR - MOMENT OF SILENCE (4)
Mayor Minor
Guadalupe Rubio,
volunteer worker.
requested a
husband of
moment of silence in honor of
Isabel Rubio, the Mayor's Office
PRESENTATION - CERTIFIED REVENUE OFFICER CERTIFICATES _
CITY CLERK'S OFFICE - BUSINESS REGISTRATION DIVISION
(3)
Ray Salvador, Assistant to the Mayor, acknowledged and
presented the following employees within the Business Registration
Division of the City Clerk's Office a Certified Revenue Officer
Certificate presented by the California Municipal Business Tax
Association (CMBTA): Cindy Buechter, Roger Davis, Larry Fineman,
and Michael Stanley. CMBTA was established to acknowledge its
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2/3/1997
members who have demonstrated skill, knowledge and experience in
the areas of business tax and revenue collection.
Cindy Buechter, Roger Davis and Michael Stanley accepted their
certificates.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN
(4)
Council Member Devlin said hello to his seven-year-old
grandson who is confined at home with a full body cast as a result
of a snow injury.
COUNCIL MEMBER CURLIN RETURNED
At 9:05 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
ANNOUNCEMENTS - CITY CLERK RACHEL CLARK
(4)
Ci ty Clerk Rachel
registering to vote in
February 17, 1997.
Clark announced that
the upcoming March 18,
the deadline for
1997 election is
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman noted that the Sun Newspaper had written
an article regarding the San Bernardino Unified School District's
reserve of $40,000,000 and clarified that the district and the city
are two separate entities.
ANNOUNCEMENTS - MAYOR MINOR
(4)
Mayor Minor provided a synopsis of the action taken relative
to the emergency medical transportation service.
PUBLIC COMMENTS - JAY LINDBERG
(5)
Jay Lindberg, 1622 Guthrie, San Bernardino, CA, voiced concern
regarding the local war on drugs.
COUNCIL MEMBER ANDERSON RETURNED
At 9:10 a.m., Council Member Anderson returned to the Council
meeting and took her place at the council table.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council
responsible
Month.
Member Anderson commended those individuals who were
for the excellent commencement of Black History
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2/3/1997
.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a ~otion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council be waived.
COUNCIL MINUTES
(7)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino, be approved as submitted in typewritten form:
October 21, 1996; November 4, 1996; November 18, 1996.
PERSONNEL ACTIONS
(8)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated January 28, 1997, 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.
APPROVE REORGANIZATION FINANCE DEPARTMENT DELETE
SENIOR ACCOUNTANT POSITION - ESTABLISH ONE ACCOUNTANT III
POSITION CHANGE BARGAINING UNIT FOR ACCOUNTING
TECHNICIAN & RETITLE TO ACCOUNTING TECHNICIAN II
RETITLE GENERAL UNIT ACCOUNTING TECHNICIAN TO ACCOUNTING
TECHINICIAN I RETITLE ACCOUNT CLERK III-PAYROLL
POSITION TO PAYROLL TECHNICIAN (9A)
Barbara Dillon, Director of Personnel, submitted
Report dated January 27, 1997, concerning the
reorganization of the Finance Departmer.t.
a Staff
proposed
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the position of
Senior Accountant (vacant), Range 3421, $3,624-$4,405/month be
deleted; that one (1) Accountant III position, Range 2400, $3,264-
$3,962/month be established; that the bargaining unit for one (1)
Accounting Technician position, Range 1330, $2,302-$2,798/month,
General Unit, be changed to Range 3330, $2,302-$2,798/month,
Confidential Unit, and that said position be retitled to Accounting
Technician II; that the General Unit Accounting Technician, Range
1330, $2,302-$2,798/month be retitled to Accounting Technician I,
Range 1330, $2,302-$2,798/month; that one (1) Account Clerk III-
Payroll position be retitled to Payroll Technician, at the same
salary Range 3348, $2,518-$3,061/month; and that the Personnel
Department be directed to update Resolution No. 6413, Sections 11,
12 and 14; and Resolution No. 96-118 to reflect this particular
action.
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2/3/1997
APPROVE REORGANIZATION - PLANNING AND BUILDING SERVICES _
DELETE ONE GENERAL BUILDING INSPECTOR & ONE SENIOR
BUILDING INSPECTOR POSITION - ESTABLISH TWO BUILDING
INSPECTOR II POSITIONS RECLASSIFY GENERAL BUILDING
INSPECTOR (MOBILE HOME PARK PROGRAM) TO BUILDING
INSPECTOR II - RETITLE GENERAL BUILDING INSPECTOR TO
BUILDING INSPECTOR I (9B)
Barbara Dillon, Director
Report dated January 27,
reorganization of the Planning
of Personnel, submitted a Staff
1997, concerning the proposed
and Building Services Department.
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that one (1) General
Building Inspector position, Range 1358, $2,647-$3,217/month be
deleted; that one (1) Senior Building Inspector, Range 1377,
$2,910-$3,537/month be deleted; that two (2) Building Inspector II
positions, Range 1368, $2,782-$3,382/month be established; that the
General Building Inspector assigned to the Mobile Home Parks
Program be reclassified to a Building Inspector II, Range 1368,
$2,782-$3,382/month; that the General Building Inspector position
be retitled to Building Inspector I, at same salary range, Range
1358, $2,647-$3,217/month; and that the Personnel Department be
directed to update Resolution No. 6413, Section 10, and Resolution
No. 96-188 to reflect this particular action.
APPROVE REORGANIZATION RISK MANAGEMENT DIVISION
ESTABLISH PART-TIME LIABILITY CLAIMS SPECIALIST (9C)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated January 27, 1997, concerning the establishment of a
part-time Liability Claims Specialist within the Risk Management
Division of the City Administrator's Office.
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the part-time
classification of Liability Claims Specialist, Range 1375, $16.62;
$17.45; $18.32; $19.24; $20.20/hour be established; and that the
Personnel Department be directed to update Resolution No. 6413,
Section 13, to reflect this particular action.
RES. 97-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION 96-381 ENTITLED IN PART
"RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE. . . ", BY
AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE
TITLES AND FILING CATEGORIES OF VARIOUS POSITIONS WITHIN
DEPARTMENTS OF THE CITY WHICH MUCH FILE CONFLICT OF
INTEREST STATEMENTS. (21)
Council Member Negrete made a motion, seconded
Member Anderson, that said resolution be adopted as
incorporate the following changes within Appendix A:
by Council
amended to
Delete one
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2/3/1997
position of General Building Inspector and add the positions of
Building Inspector I and Building Inspector II.
The motion carried and Resolution No. 97-23 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
RES. 97-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO
AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN
ADDITIONAL ONE YEAR PERIOD. (22)
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 97-24 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 97-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO AWARD AN INTRA LATA
AND LONG DISTANCE TELEPHONE SERVICE CONTRACT TO AT&T, TO
BE UTILIZED BY ALL CITY EMPLOYEES IN ACCORDANCE WITH
REQUEST SPECIFICATION F 97-11. (23)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 97-25 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 97-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD.
(Discussed later in the meeting - page 8) (24)
Council Member Oberhelman made a motion, seconded by Council
Member Arias, that said resolution be adopted.
It was noted that a state mandated parking fee of $1.50 will
be required upon use of the university's facilities.
Resolution No. 97-26 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Abstain: Council Member Curlin. Absent:
None. (Note: The vote was changed later in the meeting, see page
8. )
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2/3/1997
APPROVE OUT-OF-STATE TRAVEL - MAY 21-23, 1997 - DETECTIVE
JAMES G. VOSS - FORENSIC ENTOMOLOGY COURSE - PENNSYLVANIA
STATE UNIVERSITY - UNIVERSITY PARK, PENNSYLVANIA - POLICE
DEPARTMENT (25)
Lee Dean, Chief of Police, submitted a Staff Report dated
January 21, 1997, requesting authorization for out-of-state travel
for Detective James G. Voss' attendance at the Forensic Entomology
Course to be held in University Park, PA, on May 21-23, 1997.
Council Member Anderson made a motion, seconded by Council
Member Negrete, and unanimously carried, that approval be given for
Detective James G. Voss to attend the Forensic Entomology Course to
be held at pennsylvania State University in University Park,
Pennsylvania, on May 21-23, 1997.
RES. 97-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN REVISED GRANT
DEED FOR RECORDATION WITH THE COUNTY OF SAN BERNARDINO
RECORDER'S OFFICE. (26)
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 97-27 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 97-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY'S
ATHLETIC FACILITIES AND THE CITY'S FISCALINI FIELD.
(Discussed earlier in the meeting - page 7) (24)
Council Member Curlin changed his vote from an abstention to
a no vote.
Resolution No. 97-26 was adopted by the following vote: Ayes:
Council Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Miller. Nays: Council Member Curlin. Absent: None.
RES. 97-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE A LETTER OF
INTENT WITH COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH
MENTORING SERVICES. (Sl)
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
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2/3/1997
Resolution No. 97-28 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE
AMENDING SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS
AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO
BE LICENSED BY THE STATE. (Discussed later in the
meeting - page 22) First (S2)
Council Member Miller made a motion,
Member Anderson, that said ordinance be
adoption.
seconded
laid over
by Council
for final
A discussion was held concerning the purpose for the amendment
to include businesses licensed by the state.
Council Member Curlin made
Council Member Anderson, that
Legislative Review Committee.
a substitute motion, seconded by
the matter be referred to the
The substitute motion carried by the following vote:
Council Members Negrete, Curlin, Arias, Anderson. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Ayes:
Council
MEASURE S -
TAX - MARCH
ATTORNEY
QUESTIONS & ANSWERS - POLICE & FIRE SAFETY
18, 1997 SPECIAL ELECTION - REPORT BY CITY
(S3)
James Penman,
January 29, 1997,
tax, Measure S.
City Attorney, submitted a Staff Report dated
concerning the police and fire safety special
City Attorney Penman stated that the city cannot advocate for
or against a ballot measure; however, there is no legal requirement
which prohibits the city from addressing questions relative to
such.
City Attorney Penman addressed the following questions: Can
the city impose a sales tax increase? Can the city impose a tax
that is higher for property worth more and lower for property worth
less? How will taxes be applied to mobile homes?
A discussion ensued concerning whether or not a sunset clause
can be placed after a tax has been approved and the circumstances
which would allow the imposition of a tax.
City Attorney Penman explained the differences between
Proposition 13 and Proposition 218.
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2/3/1997
The following individuals expressed opposition to Measure "S"
because they felt the city did not adequately address the
formulation and application of the proposed public safety tax:
Bob Lien, 1833 Kenwood, San Bernardino, CA.
Ralph Hernandez, 2160 Rialto Avenue, San Bernardino, CA.
The following individuals expressed support for the passage of
the proposed public safety tax, Measure "S":
Rabbi Hillel Cohn, 3947 Ironwood Street, San Bernardino, CA.
Father
Bernardino,
Ray
CA.
Rosales,
Our
Lady
of
Guadalupe
Church,
San
Esther Estrada, 531 Tia Juana, San Bernardino, CA.
There was no further action taken on this matter.
RECESS MEETING
At 10:32 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:42 a.m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken
following being present:
Curlin, Arias, Oberhelman,
Attorney Empeno, City Clerk
Wilson. Absent: None.
by City Clerk Rachel Clark with the
Mayor Minor; Council Members Negrete,
Devlin, Anderson, Miller; Deputy City
Rachel Clark, Acting City Administrator
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - PAGE PROPERTY (10)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 25, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
Weldon Page, 2301 E. Santa Fe, Unit 6, Fullerton, CA, owner of
parcel number 136-442-35, expressed concern regarding the
acquisition of said property and reiterated such in a letter dated
January 25, 1997.
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2/3/1997
RES. 97-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(PAGE PROPERTY - #07 & #08) . (10)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the hearing relative to the necessity of
acquiring real property (Page) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-29 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - PARKER PROPERTY (11)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(PARKER PROPERTY - #09). (11)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the hearing relative to the necessity of
acquiring real property (Parker) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-30 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
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2/3/1997
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT (HUD) PROPERTY (12)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO. (HUD
PROPERTY - #13) (12)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that the hearing relative to the necessity of
acquiring real property (HUD) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-31 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Kays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - SCHMITZ PROPERTY (13)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
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2/3/1997
RES. 97-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(SCHMITZ PROPERTY - #14 & 15) . (13)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the hearing relative to the necessity of
acquiring real property (Schmitz) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-32 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - SOTO/ARJONA PROPERTY (14)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(SOTO/ARJONA PROPERTY - #17). (14)
Council Member Anderson made a motion, seconded by Council
Member Devlin, that the hearing relative to the necessity of
acquiring real property (Soto/Arjona) for the extension of Orange
Show Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed;
and that said resolution be adopted.
The motion carried and Resolution No. 97-33 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
13
2/3/1997
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - KENNEDY PROPERTY (15)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-34 - RESOLUTION O~ THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(KENNEDY PROPERTY - #29). (15)
Council Member Miller made a motion, seconded by Council
Member Arias, that the hearing rela-::ive to the necessity of
acquiring real property (Kennedy) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-34 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - GREEN PROPERTY (16)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
Daniel Green, 540 E. Pioneer Street, San Bernardino, CA,
requested that he be compensated for his fence that was removed for
the placement of the sewer and submitted correspondence dated
January 1, 15, 30, 31, 1997, relative to such.
Deputy City Attorney Empeno advised the Mayor and Council that
Mr. Green's concerns were not pertinent to the issue at hand.
..-
14
2/3/1997
RES. 97-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(GREEN PROPERTY - #30 & 31) . (16)
Council Member Curlin made a motion, seconded by Council
Member Miller, that the hearing relative to the necessity of
acquiring real property (Green) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-35 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - ROHR PROPERTY (17)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(ROHR PROPERTY - #48 & 50). (17)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the hearing relative to the necessity of
acquiring real property (Rohr) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-36 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
15
2/3/1997
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - CAREY PROPERTY (18)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(CAREY PROPERTY - #49). (lS)
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that the hearing relative to the necessity of
acquiring real property (Carey) for the extension of Orange Show
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
~
The motion carried and Resolution No. 97-37 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - ARELLANES PROPERTY (19)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
David Ricks, Attorney for Frank Arellanes, stated that Mr.
Arellanes would not have access to Orange Show Road. Therefore,
his concerns conflict with one of the requirements for approval in
that it should be determined that the project is planned or located
in the manner that will be most compatible with the greatest public
good and the least private injury.
Deputy City Attorney Empeno stated that he had spoken to Mr.
Ricks, and Mr. Ricks was referring to a dirt road between Norman
16
2/3/1997
Road and Pioneer Street. He advised the Council to proceed with
the action before them because both issues will either be resolved
or handled through litigation.
RES. 97-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(ARELLANES PROPERTY - #51 & 52) . (19)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that the hearing relative to the necessity of
acquiring real property (Arellanes) for the extension of Orange
Show Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed;
and that said resolution be adopted.
The motion carried and Resolution No. 97-38 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
COUNCIL MEMBER ARIAS EXCUSED
At 11:03 a.m., Council Member Arias left the Council meeting.
PUBLIC HEARING ACQUIRE REAL PROPERTY DETERMINE
NECESSITY - EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
AVENUE TO TIPPECANOE AVENUE - AT&T PROPERTY (20)
Roger
submitted
extension
Avenue.
Hardgrave, Director of Public Works/Engineering,
a Staff Report dated January 27, 1997, concerning the
of Orange Show Road, from Arrowhead Avenue to Tippecanoe
Mayor Minor opened the hearing.
No public comments were received.
RES. 97-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF
ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE
AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(AT&T PROPERTY - #69). (20)
Council Member Curlin made a motion, seconded by Council
Member Devlin, that the hearing relac:ive to the necessity of
acquiring real property (AT&T) for the extension of Orange Show
,-
17
2/3/1997
Road, from Arrowhead Avenue to Tippecanoe Avenue, be closed; and
that said resolution be adopted.
The motion carried and Resolution No. 97-39
following vote: Ayes: Council Members
Oberhelman, Devlin, Anderson, Miller. Nays:
Council Member Arias.
was adopted by the
Negrete, Curlin,
None. Absent:
COUNCIL MEMBER ARIAS RETURNED
At 11:04 a.m., Council Member Arias returned to the Council
meeting and took her place at the council table.
ACTING CITY ADMINISTRATOR WILSON EXCUSED
At 11:04 a.m., Acting City Administrator Wilson left the
Council meeting and was replaced by Economic Development Agency
Administrator Steinhaus.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 11:04 a.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by Senior Assistant City Attorney Carlyle
and Economic Development Agency Special Counsel Sabo.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK
ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN
BERNARDINO ASSOCIATED COMMUNITIES 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/San Bernardino Park Acquisition Joint Powers
Financing Authority/San Bernardino Associated Communities Financing
Authority and Mayor and Common Council to order.
NOTE: Community Development Commission items which require
action by the Mayor and Common Council are denoted by the letter
"R" and are reflected herein. Minutes of actions taken on
Community Development Commission items are distributed separately
by the Economic Development Agency.
COUNCIL MEMBER ANDERSON EXCUSED
At 11:05 a.m., Council Member Anderson left the Council
meeting.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that full reading of the
resolutions on the regular and supplemental agendas of the
Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority/San Bernardino Associated Communities Financing
Authority and Mayor and Common Council, be waived.
18
2/3/1997
APPROVE PROPOSAL EMPIRE & ASSOCIATES
SOCCER COMPLEX - REPORT OF BIDS
PATTON PARK
(RS1)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated January 30, 1997, concerning the
proposed Patton Park Soccer Complex.
COUNCIL MEMBER ANDERSON RETURNED
At 11:06 a.m., Council Member Anderson returned to the Council
meeting and took her place at the council table.
Ron Winkler, Director of Development,
Agency, provided a synopsis of the bid
questions relative to such.
Economic Development
process and answered
COUNCIL MEMBER CURLIN EXCUSED
At 11:21 a.m., Council Member Curlin left the Council meeting.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 11:23 a.m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
Economic Development Agency Special Counsel Sabo answered
questions concerning the mutual benefit resolution.
City Attorney Penman voiced concern regarding the potential
for change orders which can increase the original bid amount.
~
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the report of bids,
for construction of the San Bernardino City-California Youth Soccer
Association (C.Y.S.A.) Soccer Complex, be accepted and filed; that
the bidding process under the oversight of the City Engineer be
ratified as conforming to city policies; that the proposal by
Empire & Associates dated January 21, 1997, to assume the contract
at the price of $2,873,600 for the base bid and additives and Arden
Avenue improvements be approved; and that the City Engineer be
authorized to enter into such additional implementation agreement
with Empire & Associates as deemed necessary by the City Engineer,
providing for a contingency amount not to exceed $95,239 for any
soccer complex change orders.
RES. 97-40 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
THE FUNDING OF THE PATTON PARK SOCCER COMPLEX AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING PUBLIC
AND INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH THE
PATTON PARK SOCCER COMPLEX. (RS2A)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
19
2/3/1997
~-
Resolution No. 97-40 was ~dopted by the following vote: Ayes:
C?uncll Members Negrete, Arlas, Obe~helman, Devlin, Anderson,
Mlller. Nays: None. Absent: Council Member Curlin.
RECESS MEETING
At 12:01 p.m., Mayor Minor recessed the joint regular meeting
of the Mayor and Common Council and Community Development
Commission to 2:00 p.m. in the Council Chambers of City Hall.
RECONVENE MEETING
At 2: 02 p. m., Mayor Minor reconvened the j oint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City
Attorney Empeno, City Clerk Rachel Clark, Acting City Administrator
Wilson. Absent: None.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 96-03 _
ALLOW CONTINUED USE OF NON-CONFORMING STRUCTURES & USES
OF PROPERTIES - WEST SIDE OF MT. VERNON AVENUE BETWEEN
8TH & 9TH STREETS (27)
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated January 16, 1997, concerning
Development Code Amendment No. 96-03 to allow the continued use of
non-conforming structures and uses of properties located on the
west side of Mt. Vernon Avenue between Sth and 9th Streets.
Mayor Minor opened the hearing.
Director Hays provided a synopsis of the action taken relative
to the proposed development code amendment to extend the legal non-
conforming status from 12 months to 36 months for parcels abutting
the west side of Mt. Vernon Avenue between Sth and 9th Streets.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) REGARDING NONCONFORMING USES AND
STRUCTURES. First (27)
Council Member Negrete made a motion, seconded by Council
Member Curlin, that the matter be continued to the meeting of the
Mayor and Council on February 17, 1997.
The motion failed by the following vote: Ayes: Council
Members Negrete, Curlin, Arias. Nays: Council Members Oberhelman,
Devlin, Anderson, Miller. Absent: None.
20
2/3/1997
Director Hays recommended the denial of the proposed
development code amendment and answered questions relative to such.
The following individuals opposed the approval of Development
Code Amendment No. 96-03:
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA.
Eleazar Aguilera, 1334 W. 9th Street, San Bernardino, CA.
Graciano Gomez, 1558 N. Waterman Avenue, San Bernardino, CA,
and submitted a letter of opposition dated February 3, 1997.
Robert Castaneda, a resident of San Bernardino.
Gil Navarro, Regional Director, Mexican American Political
Association (MAPA), 3243 Arlington Avenue #291, Riverside, CA.
Mary Frances Aguilera,
Bernardino, CA.
658 N. Mt. Vernon Avenue,
San
Dr. Elsa Valdez, Mexican American Political Association, 188
Manchester Avenue, San Bernardino, CA.
Hector Luna, a resident of San Bernardino.
Ruben Martinez, 1332 W. Union, San Bernardino, CA.
Father
Bernardino,
Ray
CA.
Rosales,
Our
Lady
of
Guadalupe
Church,
San
Jennifer McHaney, 863 Mt. Vernon Avenue, San Bernardino, CA.
Teresa Esparza, a resident of San Bernardino.
Cynthia Flores, a resident of San Bernardino.
Veronica Alcala, a resident of San Bernardino.
The following individuals recommended the approval of
Development Code Amendment No. 96-03:
George Beauregard, a resident of San Bernardino.
Valerie Pope-Ludlam, a resident of San Bernardino, and
answered questions concerning the proposed property use.
Kelly Carson.
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
closed.
seconded
that the
by Council
hearing be
21
2/3/1997
Director Hays answered questions concerning the application
process.
Council Member Devlin made a motion, seconded by Council
Member Miller, that the Mayor and Council deny the amendment
request for Development Code Amendment No. 96-03.
The motion carried by the following vote: Ayes: Council
Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays:
Council Member Negrete. Absent: None.
Mayor Minor instructed the Director of Planning and Building
Services to proceed with the demolition of the property located at
the southwest corner of the intersection of Mt. Vernon Avenue and
Union Street.
RECESS MEETING
At 3:07 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3: 15 p. m., Mayor Minor reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney
Penman, City Clerk Rachel Clark, Acting City Administrator Wilson.
Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE
AMENDING SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS
AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO
BE LICENSED BY THE STATE. (Discussed earlier in the
meeting - page 9) First (S2)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that the previous action taken to refer the
matter to the Legislative Review Committee be reconsidered.
The motion carried by the following vote: Ayes:
Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Nays: None. Abstain: Council Member Curlin. Absent:
Council
Miller.
None.
A discussion was held as to whether or not the matter should
be referred to the Legislative Review Committee.
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said ordinance be laid over for final adoption.
22
2/3/1997
The motion carried by the following vote: Ayes:
Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Nays: Council Member Curlin. Absent: None.
Council
Miller.
RES. 97-41 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOS
ANGELES FOR THE LOAN OF ONE TILLERED AERIAL LADDER FIRE
TRUCK. (NB1)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter arose
subsequent to the posting of the agenda.
City Attorney Penman explained that on January 31, 1997, the
conditions of use were faxed to his office. Hence, the matter
arose after the posting of the agenda.
City Clerk Rachel Clark read the title of the resolution into
the record.
Council Member Miller made a motion, seconded by Council
Member Devlin, that full reading of the resolution be waived; and
that said resolution be adopted.
The motion carried and Resolution No. 97-41 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
ADJOURNMENT (28)
At 3:40 p.m. the joint regular meeting adjourned. The next
regular meeting will be held at 8:00 a.m., Monday, February 17,
1997, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK
City Clerk
By
zanna Cordova
eputy City Clerk
No. of Items: 36
No. of Hours:
5 & 40 mins.
23
2/3/1997