HomeMy WebLinkAbout07-15-1996 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
JULY 15, 1996
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Minor at 8:02
a.m., Monday, July 15, 1996, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Devlin, Anderson, Miller; City Attorney Penman; Deputy City
Clerk Medina; City Administrator Shauna Clark. Absent: Council
Members Curlin, Oberhelman.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Central Citv Comoanv vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 30704.
RECESS MEETING - CLOSED SESSION -
the meeting - pages 13 & 16)
(Referenced later in
(1)
At 8:03 a.m., the Mayor and Common Council 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):
Bond vs. Community Develooment
Bernardino, et al. - San Bernardino
Nos. E014888; SCV 267373;
Commission of San
Superior Court Case
Hill vs. Citv of San Bernardino, et al. - San Bernardino
Municipal Court Case No. SBCI 27000;
Richard Smith, et al. vs. City of San Bernardino, et al.
- San Bernardino Superior Court Case No. SCV 21835;
United Anqlers of California "s. City of San Bernardino -
United States District Court Case No. EDVC 96-178.
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7/15/1996
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. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
Aqencv Neqotiator:
Barbara Dillon, Personnel Director
Emolovee Orqanization:
San Bernardino City Professional Fire Fighters - Local
891.
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 Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Devlin, Anderson, Miller; City Attorney Penman; Deputy City
Clerk Medina; City Administrator Shauna Clark. Absent: Council
Members Curlin, Oberhelman.
Also present: Senior Assistant City Attorney Carlyle and
Margaret Scroggin, Administrative Operations Supervisor, City
Attorney's Office, and Attorney Meredith Jury, Best, Best &
Krieger, 3750 University Avenue, Riverside, CA.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of
resolutions and ordinances on the regular and supplemental
of the Mayor and Common Council and the regular agenda
Community Development Commission/San Bernardino Joint
Financing Authority/San Bernardino Park Acquisition Joint
Financing Authority and Mayor and Common Council.
all the
agendas
of the
Powers
Powers
COUNCIL MEMBER OBERHELMAN ARRIVED
At 8:05 a.m., Council Member Oberhelman arrived at the closed
session.
COUNCIL MEMBER CURLIN ARRIVED
At 8: 38 a.m., Council Member Curlin arrived at the closed
session.
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7/15/1996
DEPUTY CITY ATTORNEY ALDSTADT ARRIVED
At 8:39 a.m., Deputy City Attorney Aldstadt arrived at the
closed session.
ATTORNEY MEREDITH JURY EXCUSED
At 8:39 a.m., Attorney Meredith Jury of Best, Best & Krieger,
3750 University Avenue, Riverside, CA, left the closed session.
DEPUTY CITY ATTORNEY ROTH ARRIVED
At 8:45 a.m., Deputy City Attorney Roth arrived at the closed
session.
ADJOURNED CLOSED SESSION
At 8: 51 a. m., the closed session adj ourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9:00 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney
Penman; Deputy City Clerk Medina; City Administrator Shauna Clark.
Absent: None.
INVOCATION
The invocation was given by Chaplain David Randolph, San
Bernardino Community Hospital.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Devlin.
COUNCIL MEMBER MILLER EXCUSED
At 9:04 a.m., Council Member Miller left the Council meeting.
YOUTH APPOINTMENT PHILLIP MORENO
COMMISSION - MAYOR MINOR
HUMAN RELATIONS
(2)
Mayor Minor submitted a Staff Report dated June 26, 1996,
requesting the youth appointment of Phillip Moreno to the Human
Relations Commission.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the appointment of
Phillip Moreno to the Human Relations Commission, as requested by
Mayor Minor, be approved. (Note: Although Council Member Arias
was present, she did not register a vote.)
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7/15/1996
Phillip Moreno expressed his desire to be a voice which
represents the youth and expressed his appreciation for the
opportunity to be a member of the Human Relations Commission.
COUNCIL MEMBER MILLER RETURNED
At 9:06 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
PROCLAMATION - NATIONAL PARENTS' DAY - JULY 28, 1996
(3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming Sunday, July 28, 1996, as National Parents'
Day within the City of San Bernardino.
Robert J. Spitz, State Chairman, National Parents' Day
Coalition, 337 N. Vineyard Avenue, Ontario, CA, accepted the
proclamation, highlighted the many tireless acts conducted by
parents and urged the community to focus on the problems of the
youth. He also encouraged the City to: 1) establish a committee
to address the problems of the youth 2) issue a "Parents of the
Year" award and 3) organize an event wherein church and school
leaders can come together with their government and children can
honor their parents.
PRESENTATION - GOODWILL INDUSTRIES
(3)
Sam Cox, Chief Executive Officer, Goodwill Industries, 8120
Palm Lane, San Bernardino, CA, presented an award to J. Lorraine
Velarde, Executive Assistant to the Mayor, for her outstanding
service to the Board of Directors of Goodwill Industries.
PRESENTATION SPORTSMANSHIP AWARD
"INDIANS" TEAM - NEWMARK LITTLE LEAGUE
CERTIFICATES
(3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the following Indian team players who won the Farm
Division Championship: Matthew Adams, Alex Carritte, Robbie
Cordova, Christopher Cooper, Patrick Edgett, Adam Garcia, Ryan
Halsey, Ashley Holder, Tim Lapin, Jonathon Montanez, Julian Ordaz,
Joshua Paugh, Michael Perez, Kevin Wecker and Kyle Woods.
Mayor Minor presented a Sportsmanship Award Certificate to
each team member.
Barbara Sky, Team Manager, acknowledged the efforts of coaches
David Hidalgo and Frank Ordaz and team mom Jackie Edgett and
thanked the City for its recognition.
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EMPLOYEE RECOGNITION AWARDS - FIRST QUARTER 1996
(3)
In a memorandum dated June 10, 1996, Les Fogassy,
Employee Recognition Selection Committee, stated that the
individuals were chosen as the 1996 First Quarter
Recognition Award recipients:
Cateqorv
Emplovee
Management/
Confidential
Mid-Management
Safety
General
Volunteer/Intern
Mark Hinkley
Chairman,
following
Employee
Department
Patrick Paramo
Richard Lindsey
Betty Menor
None
Planning & Building
Services
Police
Police
Police
Mark Hinkley, Patrick Paramo, Richard Lindsey and Betty Menor
accepted their awards.
SERVICE PIN AWARDS
(3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the following employees who received a service pin
award in recognition of their many years of dedicated service to
the City:
Name
Department
Doris IIDee" Saenz
Mark Hinkley
Sandra Paulsen
Wendy Martin
Steve Jarvis
Elliott Fitch
Bob Montague, Sr.
Adolfo Navarro
Roger Hardgrave
Personnel
Planning & Building Svcs.
Planning & Building Svcs.
Police
Police
Public Services
Public Services
Public Works/Engineering
Public Works/Engineering
Years of Service
5 year pin
5 year pin
10 year pin
5 year pin
25 year pin
10 year pin
30 year pin
5 year pin
35 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin expressed concern regarding the acts of
violence within the nation and urged the citizens to reject the
incidents of violence.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias congratulated the San Manuel Band of
Mission Indians for 10 years of service to the community.
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7/15/1996
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman welcomed Mayor Minor back from his
absence as a result of knee surgery.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN
(4)
Council Member Devlin expressed content that Mayor Minor was
well and back to work.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson extended her wishes to Mayor Minor and
welcomed him back to work.
ANNOUNCEMENTS - COUNCIL MEMBER MILLER
(4)
Council Member Miller expressed appreciation for the ladies
who cleaned up the area around Jefferson Hunt Elementary School.
COUNCIL MEMBER MILLER EXCUSED
At 9:30 a.m., Council Member Miller left the Council meeting.
PUBLIC COMMENTS - MELVIN GEORGE
(5)
Melvin George, 1307 North "K" Street, San Bernardino, CA,
requested that a ballot measure be introduced to the voters which
mandates that the City Clerk publish a statement concerning
pertinent issues within the jurisdiction of the legislative body.
PUBLIC COMMENTS - RUBEN LOPEZ
(5)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, provided
a synopsis of the changes made within the governing body of the
Community Development Commission, encouraged the voters to read the
booklet provided by the League of Women Voters on San Bernardino
redevelopment, and encouraged the Council to utilize staff's
expertise on redevelopment issues.
PUBLIC COMMENTS - ELVIRA GALLARDO
(5)
Elvira Gallardo, 587 Gardena Street, San Bernardino, CA,
expressed concern regarding the elimination of homes for the
establishment of businesses.
PUBLIC COMMENTS - ROBERT NEVES
(5)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
thanked the Mayor and Council for the work currently being
performed at the corner of Lynwood and Sterling, questioned whether
the environmental issues had been considered on said project, and
requested that the Director of Public Works/Engineering be
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7/15/1996
authorized to install curb ramps as well as the repaving and
signals for the future installation of street lights.
PUBLIC COMMENTS - DONNA CONANT
(5)
Donna Conant, 26245 E. Base Line, Highland, CA, questioned the
motives for the arrest of Jeff Wright and urged the citizens to
attend the meetings of the Mayor and Council, organize debates, and
exercise their freedom of speech.
PUBLIC COMMENTS - HELEN KOPCZYNSKI
(5)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
questioned the actions of the legislative body and the arrest of
Jeff Wright.
PUBLIC COMMENTS - JIM PENMAN
(5)
City Attorney Jim Penman stated that it's important to note
that a jury of Jeff Wright's peers had convicted him in four of the
five counts, he was given his right to a fair trial, and three of
the five counts had nothing to do with public meetings.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(6)
The following individuals opposed the waiving of
reading of the resolutions and ordinances and requested
agenda item be read.
the full
that each
Donna Conant, 26245 E. Base Line, Highland, CA.
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, 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.
ORD. MC-975 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 15.16.080 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO PERMIT AND INSPECTION FEES FOR
FIRE DEPARTMENT INSPECTIONS OF PROPERTY. Final (7)
City Attorney Penman stated that a public hearing had been
advertised and held and explained that said ordinance would allow
the establishment of service fees for Fire Department inspections
of property.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said ordinance be adopted.
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7/15/1996
Ordinance No. MC-975 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
ORD. MC-976 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SECTION 5.82.040 TO THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO THE ESTABLISHMENT OF A FEE UPON FILING
AN APPLICATION FOR AN OPERATOR'S PERMIT. Final (8)
City Attorney Penman stated that a public hearing had been
advertised and held, explained that said ordinance would allow the
establishment of a fee upon filing an application for an operator's
permit and announced the businesses which would be affected.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said ordinance be adopted.
Ordinance No. MC-976 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
COUNCIL MEMBER NEGRETE EXCUSED
At 9:57 a.m., Council Member Negrete left the Council meeting.
RES. 96-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR
MAINTENANCE OF THE 800MHZ COMMUNICATION SYSTEM BACKBONE
FOR THE CITY OF SAN BERNARDINO. (9)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 96 -212 was adopted by the following vote:
Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson.
Nays: None. Absent: Council Members Negrete, Miller.
COUNCIL MEMBER NEGRETE RETURNED
At 9:59 a.m., Council Member Negrete returned to the Council
meeting and took his place at the council table.
RES. 96-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR
MAINTENANCE OF THE 800MHZ RADIOS FOR THE CITY OF SAN
BERNARDINO. (10)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-213 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
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7/15/1996
Anderson. Nays: None. Absent: Council Member Miller.
RES. 96-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES
AGREEMENT WITH ADAPTIVE INFORMATION SYSTEMS FOR
MAINTENANCE OF IMAGING EQUIPMENT AND SOFTWARE FOR THE
CITY OF SAN BERNARDINO. (11)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-214 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
RES. 96-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR
MAINTENANCE OF PUBLIC SAFETY DISPATCH CONSOLES FOR THE
CITY OF SAN BERNARDINO. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96 -215 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
RES. 96-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR
MAINTENANCE OF PUBLIC SAFETY MOBILE DATA TERMINALS FOR
THE CITY OF SAN BERNARDINO. (13)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-216 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
RES. 96-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE
LEASE AGREEMENT WITH STERLING PLAZA PARTNERS FOR A LEASE
OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY
OFFICE FOR AREA "C" TO EXTEND THE TERM OF THE AGREEMENT
FOR A PERIOD OF FIVE YEARS. (14)
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
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7 /15/1996
Resolution No. 96-217 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson. Nays: None. Absent: Council Member Miller.
CLAIMS AND PAYROLL
(15)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated July 2, 1996, from the Director of Finance, be
approved.
PERSONNEL ACTIONS
(16)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated July 3, 1996, in accordance
with civil Service rules and Personnel policies adopted by the
Mayor and Common Council of the City of San Bernardino, be approved
and ratified.
RES. 96-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF ADDENDUM NO.
2 TO AN AGREEMENT FOR CONSULTANT SERVICES 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)
(17)
Roger Hardgrave, Director of Public Works/Engineering,
answered questions concerning the costs of the contract and the
reason for the additional increase.
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96 -218 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson.
Nays: Council Member Oberhelman. Absent: Council Member Miller.
PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (21)
Rachel Clark, City Clerk, submitted a Staff Report dated June
27, 1996, concerning the imposition of liens on various properties
for uncollected business registration fees.
Mayor Minor opened the hearing.
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7/15/1996
John Lunberg,
that a friend is
collecting rent.
906 E. Rialto Avenue, San Bernardino CA, stated
living at his property, however,' he is not
A discussion was held regarding the notification and lien
process.
RES. 96-219 - 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. (21)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the hearing be closed; that the City Clerk be
directed to administratively remove any properties from Exhibit A
which have been paid prior to the hearing; that the property
located at 906 Rialto Avenue be deleted from Exhibit A; and that
said resolution be adopted.
The motion carried and Resolution No. 96-219 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson. Nays: None. Absent: Council
Member Miller.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3471 - 1404 NORTH PENNSYLVANIA AVENUE - HENRY HARRIS
(Discussed later in the meeting - page 19) (22)
James Sharer, Facilities Manager, submitted a Staff Report
dated June 27, 1996, concerning the Board of Building
Commissioners' ruling regarding the property located at 1404 N.
pennsylvania Avenue.
Donald Barnett, Attorney, 1801 Century Park East, Suite 2500,
Los Angeles, CA, submitted a letter dated July 11, 1996, requesting
a continuance of the matter to August 19, 1996, as he will be
vacationing out of town.
Council Member Negrete made a mction, seconded by Council
Member Devlin, that the matter be continued to the Mayor and Common
Council meeting of August 19, 1996.
Council Member Devlin removed his second to allow for
discussion, and the motion failed for lack of a second.
A discussion ensued regarding the need for the continuance.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the matter be continued to the Mayor and Common
Council meeting of August 5, 1996, subject to the payment of the
continuance fee of $75 being paid by 4:30 p.m., Friday, July 19,
1996, and if the fee is not paid, the appellant is in default and
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7/15/1996
the action of the Board of Building Commissioners is upheld.
(Note: There was no vote taken.)
Deputy City Clerk Medina reread the motion and action was
taken as follows:
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of August 5,
1996, subject to the payment of the continuance fee of $75 to be
paid by 4:00 p.m., Friday, July 19, 1996, and if the fee is not
paid, the appellant is in default and the appeal will be denied.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS'
NO. 3220 580 WEST UNION STREET JACQUELYNN
(Discussed later in the meeting - page 20)
ORDER
LEE
(23)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated July 2, 1996, regarding the Board of
Building Commissioners' Order No. 3220 concerning the property
located at 580 W. Union Street.
Council Member Curlin made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of August 5,
1996, subject to the payment of the continuance fee of $75 to be
paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not
paid, the appellant is in default and the appeal will be denied.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3237 - 1029 WEST RIALTO AVENUE - JOHN BARBEE (24)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated July 2, 1996, regarding the Board of
Building Commissioners' Order No. 3237 concerning the property
located at 1029 W. Rialto Avenue.
Mayor Minor opened the hearing.
John Barbee, 1029
provided a synopsis of
property located at 1029
waiver of fees be granted
correct the violations.
W. Rialto Avenue, San Bernardino, CA,
the action taken to rehabilitate the
W. Rialto Avenue and requested that a
because he is working with the City to
Joe Lease, Inspection Services Supervisor, Planning and
Building Services, answered questions concerning the notification
process and acknowledged that the owner is working with the City;
however, the structure still needs to be painted and the stairway
needs to be repaired.
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7/15/1996
Mr. Barbee stated that the bad areas of the structure have
been painted.
It was recommended that the costs already incurred be imposed
and that the remaining items be corrected.
Inspection Services Supervisor Joe Lease stated that if the
work has been completed, an inspection will be done and no
additional costs would be incurred.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed;
and that the Mayor and Common Council uphold Order No. 3237 of the
Board of Building Commissioners and deny the appeal.
RECESS MEETING - CLOSED SESSION - (Referenced earlier and
later in the meeting - pages 1 & 16) (1)
At 10:47 a.m., the Mayor and Common Council recessed to closed
session for the following:
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9:
CLOSED SESSION
At 10:47 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 Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; Deputy
City Clerk Medina; City Administrator Shauna Clark. Absent:
Council Members Curlin, Miller.
Also present: Joe Lease, Inspection Services Supervisor, and
Al Boughey, Director, Planning and Building Services.
COUNCIL MEMBER CURLIN ARRIVED
At 10 :49 a.m., Council Member Curlin arrived at the closed
session.
ADJOURN CLOSED SESSION
At 10:56 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 11:00 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
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7/15/1996
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City
Attorney Barlow; Deputy City Clerk Medina; Economic Development
Agency Administrator Steinhaus. Absent: Council Member Miller.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 11:00 a.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority and Mayor and Common Council to order.
JOINT
PARK
JOINT
NOTE: Community Development Commission items which require
action by the Mayor and Common Council are denoted by the letter
"R" and are reflected herein. Minutes of actions taken on
Community Development Commission items are distributed separately
by the Economic Development Agency.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that full reading of the
resolutions on the regular agenda of the Community Development
Commission/San Bernardino Joint Powers Financing Authority/San
Bernardino Park Acquisition Joint Powers Financing Authority and
Mayor and Common Council be waived.
COMMUNITY DEVELOPMENT COMMISSION/SAN
POWERS FINANCING AUTHORITY/SAN
ACQUISITION JOINT POWERS FINANCING
REGULAR MEETING
At this time, the
Community Development
Development Commission
BERNARDINO
BERNARDINO
AUTHORITY
JOINT
PARK
JOINT
Mayor and Common
Commission, took
items.
Council,
action
acting as the
on Community
RECESS MEETING
At 12:02 p.m., the joint regular meeting of the Community
Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing
Authority and Mayor and Common Council recessed to 2:00 p.m., in
the Council Chambers of City Hall.
RECONVENE MEETING
At 2:00 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
14
7/15/1996
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson; Deputy City Attorney
Empeno; Deputy City Clerk Medina; Director of Planning and Building
Services Boughey. Absent: Council Member Miller.
APPEAL HEARING PLANNING COMMISSION'S DENIAL
CONDITIONAL USE PERMIT NO. 96-02 - VARIANCE NO. 96-03 -
CARWASH ADDITION SHELL GAS STATION 1930 SOUTH
WATERMAN AVENUE - A & S ENGINEERING SERVICES (36)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated May 27, 1996, concerning Conditional
Use Permit No. 96-02 and Variance No. 96-03 to allow for a carwash
addi tion at the Shell Gas Station located at 1930 S. Waterman
Avenue.
Mayor Minor opened the hearing.
Director Boughey provided a synopsis of the action taken
relative to Conditional Use Permit No. 96-02 and Variance No. 96-03
and answered questions relative to such.
Ahmad Ghaderi, A & S Engineering Services, 207 W. Alameda
#202, Burbank, CA, submitted a copy of the amended plans and
answered questions relative to such.
Council Member Curlin made a motion,
Member Negrete, and unanimously carried,
continued to the Mayor and Common Council
1996 .
seconded by Council
that the matter be
meeting of August 5,
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-11 -
AMEND CHAPTER 19.22 - DEVELOPMENT CODE - ALLOW USE OF
PERMANENT FLAGS BY SPECIFIED USES - ECONOMIC DEVELOPMENT
AGENCY (37)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated July 3, 1996, concerning a request
from the Economic Development Agency to amend Chapter 19.22 of the
Development Code to allow the use of permanent flags by specified
uses.
Mayor Minor opened the hearing.
Director Boughey provided a synopsis of the action taken
relative to Development Code Amendment No. 95-11.
A discussion was held concerning the application of said
ordinance.
15
7/15/1996
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.22 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) REGARDING THE USE OF PERMANENT FLAGS
BY SPECIFIED USES. First (37)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the hearing be
closed; and that said ordinance be laid over for final adoption
with the modification of lines 25, 26, and 27 to read, "Permanent
flags shall be permitted only if in connection with a cultural or
civic event or goals of the City."
REFUND REQUEST TEMPORARY USE PERMIT FEE $298
BUDDHIST TZU-CHI FREE CLINIC HELD ON JULY 14, 1996 (38)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated July 8, 1996, concerning a refund
request from the Buddhist Tzu-Chi Free Clinic for the temporary use
permit fee in the amount of $298 for the conduct of a health fair
held on July 14, 1996.
Pauline Bambrick, 1194
answered questions concerning
fair held on July 14, 1996.
Brier Drive, San Bernardino, CA,
the services provided at the health
Council Member Devlin made a motion, seconded by Council
Member Arias, and unanimously carried, that the Mayor and Common
Council approve Cl refund of $298 for the Buddhist Tzu-Chi Free
Clinic for the temporary use permit application fee.
RECESS MEETING - CLOSED SESSION - (Referenced earlier in
the meeting - pages 1 & 13) (1)
At 2: 50
Development
following:
p.m., the Mayor and
Commission recessed
Common Council and
to closed session
Community
for the
Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Bond vs. Communitv Development
Bernardino, et al. - San Bernardino
Nos. E014888; SCV 267373;
Commission of San
Superior Court Case
Hill vs. Citv of San Bernardino, et al. - San Bernardino
Municipal Court Case No. SBCI 27000;
Richard Smith, et al. vs. City of San Bernardino, et al.
- San Bernardino Superior Court Case No. SCV 21835;
16
7/15/1996
United Anqlers of California vs. City of San Bernardino -
United States District Court Case No. EDVC 96-178.
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. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
Aqency Neqotiator:
Barbara Dillon, Personnel Director
Employee Oroanization:
San Bernardino City Professional Fire Fighters - Local
891.
CLOSED SESSION
At 2:51 p.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 Deputy City Clerk Medina with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Devlin, Anderson; Deputy City Attorney Empeno;
Deputy City Clerk Medina; Planning and Building Services Director
Boughey. Absent: Council Member Miller.
Also present: Inspection Services Supervisor Joe Lease,
Planning and Building Services.
CITY ADMINISTRATOR SHAUNA CLARK ARRIVED
At 2:51 p.m., City Administrator Shauna Clark arrived at the
closed session.
CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY
CARLYLE & DEPUTY CITY ATTORNEY EASLAND ARRIVED
At 2: 52 p.m., City Attorney Penman, Senior Assistant City
Attorney Carlyle, and Deputy City Attorney Easland arrived at the
closed session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2 :54 p.m., Deputy City Attorney Empeno left the closed
session.
17
7/15/1996
DEPUTY CITY ATTORNEY ALDSTADT & PARALEGAL GREENLEAF
ARRIVED
At 2:55 p.m., Deputy City Attorney Aldstadt and Paralegal
Greenleaf arrived at the closed session.
PERSONNEL DIRECTOR DILLON ARRIVED
At 2:56 p.m., Personnel Director Dillon arrived at the closed
session.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 2:57 p.m., Deputy City Attorney Easland left the closed
session.
CITY ATTORNEY PENMAN, PLANNING AND BUILDING SERVICES
DIRECTOR BOUGHEY & INSPECTION SERVICES SUPERVISOR LEASE
EXCUSED
At 2:57 p.m., City Attorney Penman, Al Boughey, Director, and
Joe Lease, Inspection Services Supervisor, Planning and Building
Services, left the closed session.
CITY ATTORNEY PENMAN, PLANNING AND BUILDING SERVICES
DIRECTOR BOUGHEY & INSPECTION SERVICES SUPERVISOR LEASE
RETURNED
At 3:04 p.m., City Attorney Penman, Al Boughey, Director, and
Joe Lease, Inspection Services Supervisor, Planning and Building
Services, returned to closed session.
PERSONNEL DIRECTOR DILLON EXCUSED
At 3: 04 p. m., Personnel Director Dillon left the closed
session.
CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY
CARLYLE, DEPUTY CITY ATTORNEY ALSTADT AND PLANNING AND
BUILDING SERVICES DIRECTOR BOUGHEY & INSPECTION SERVICES
SUPERVISOR LEASE EXCUSED
At 3:08 p.m., City Attorney Penman, Senior Assistant City
Attorney Carlyle and Deputy City Attorney Alstadt and Al Boughey,
Director, and Joe Lease, Inspection Services Supervisor, Planning
and Building Services, left the closed session.
AGENCY ADMINISTRATOR STEINHAUS, DEVELOPMENT DIRECTOR
WINKLER, SPECIAL COUNSEL SABO & CONTRACT ADMINISTRATOR
TROUT, ECONOMIC DEVELOPMENT AGENCY, ARRIVED
At 3:08 p.m., Timothy Steinhaus, Agency Administrator, Ron
Winkler, Development Director, Timothy Sabo, Special Counsel, and
Mike Trout, Contract Administrator, Economic Development Agency,
arrived at closed session.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 3:12 p.m., City Administrator Shauna Clark left the closed
session.
18
7/15/1996
ADJOURNED CLOSED SESSION
At 3:21 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 3: 24 p. m., Mayor Pro Tem
meeting of the Mayor and Common
Bernardino.
Arias reconvened the
Council of the City
regular
of San
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Pro Tem Arias; Council Members
Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Senior
Assistant City Attorney Barlow; Deputy City Clerk Medina; Economic
Development Agency Administrator Steinhaus. Absent: Mayor Minor,
Council Member Miller.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 3:24 p.m., Vice-Chairman Arias called the joint regular
meeting of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority and Mayor and Common Council to
order.
JOINT
PARK
JOINT
At this time, the Mayor and Common Council,
Community Development Commission, took action
Development Commission items.
acting as the
on Community
COUNCIL MEMBER MILLER RETURNED
At 4:01 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 4:39 p.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
ECONOMIC DEVELOPMENT
EXCUSED
At 4 : 39 P . m. ,
Steinhaus left the
Administrator Shauna
AGENCY
ADMINISTRATOR
STEINHAUS
Economic Development
Council meeting and
Clark.
Agency Administrator
was replaced by City
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3471 - 1404 NORTH PENNSYLVANIA AVENUE - HENRY HARRIS
(Discussed earlier in the meeting - page 11) (22)
Council Member Negrete made a motion,
Member Oberhelman, and unanimously carried,
seconded by Council
that the Mayor and
19
7/15/1996
Common Council reconsider previous action taken to continue the
matter to the Mayor and Common Council meeting of August 5, 1996,
subject to the payment of the continuance fee of $75 to be paid by
4:00 p.m., Friday, July 19, 1996, and if the fee is not paid, the
appellant is in default and the appeal will be denied.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of September 3,
1996 .
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS'
NO. 3220 580 WEST UNION STREET - JACQUELYNN
(Discussed earlier in the meeting - page 12)
ORDER
LEE
(23)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Mayor and Common
Council reconsider previous action taken to continue the matter to
the Mayor and Common Council meeting of August 5, 1996, subject to
the payment of the continuance fee to be paid by 4:30 p.m., Friday,
July 19, 1996, and if the fee is not paid, the appellant is in
default and the appeal will be denied.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of August 5,
1996, subject to the payment of the continuance fee of $75 to be
paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not
paid, the appellant is in default and the appeal will be denied.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3231 - 2414 NORTH SIERRA WAY - HELEN KERN-MODES (25)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated July 1, 1996, concerning the Board
of Building Commissioners' Order No. 3231 relative to the property
located at 2414 N. Sierra Way.
Mayor Pro Tem Arias opened the hearing.
Joe Lease, Inspection
Building Services, provided
concerning the property located
questions relative to such.
Services Supervisor, Planning and
a synopsis of the action taken
at 2414 N. Sierra Way and answered
Mr.
boarding
home.
Earl Capel, Court Appointed Agent, stated that the
costs were not necessary since he had already secured the
Helen Kern-Modes, Executor of the Estate, 2414 N. Sierra Way,
San Bernardino, CA, stated that her sons had boarded up the home
and Mr. Capel re-secured the areas which had been reopened through
20
7/15/1996
vandalism. She further stated that the next day Mr. Capel notified
the City and the City's contractors subsequently re-boarded the
property and broke all of the windows.
Mike Farrell, Housing Inspector, Rental Housing Division,
Planning and Building Services, answer-ed questions regarding the
inspection services and the FHA (Federal Housing Authority)
standards for the boarding of property_
A discussion ensued regarding the events and costs associated
with the boarding of the property and the notification process.
Council Member Devlin made a motion, seconded by Council
Member Negrete, that as a means of a compromise, that the City
assess the costs associated with the board-up of the two openings
and impose such on the owner; and that the additional fees be
waived. (Note: There was no vote taken.)
Discussion continued regarding the events and costs associated
with the boarding of the property and the notification process.
Deputy City Clerk Medina reread the motion as follows:
Council Member Devlin made a motion, seconded by Council
Member Negrete, to reassess the costs of the board up for the two
openings only and to compromise the other costs.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Anderson, that the hearing be closed; and that
the Mayor and Common Council uphold Order No. 3231 of the Board of
Building Commissioners and deny the appeal.
The
Council
Miller.
substitute motion carried by the following vote: Ayes:
Members Negrete, Curlin, Arias, Oberhelman, Anderson,
Nays: Council Member Devlin. Absent: None.
RES. 96-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO BONADlMAN-MCCAIN, INC., FOR SEWER
IMPROVEMENTS IN CENTRAL AVENUE AND PALM MEADOWS DRIVE,
FROM GIFFORD STREET TO MT. VIEW DRIVE. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 96-220 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
21
7/15/1996
RES. 96-221 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 83 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION,
RELATING TO THE EMERGENCY REPAIR OF THE ALABAMA STREET
BOX CULVERT AT CITY CREEK. (19)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 96-221 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
APPROVE PLAN NO. 9514 INSTALL CATCH BASINS & STORM
DRAIN PERSHING AVENUE & 48TH STREET AUTHORIZE
ADVERTISEMENT FOR BIDS (20)
Roger
submitted a
installation
48th Street.
Hardgrave, Director of Public Works/Engineering,
Staff Report dated June 25, 1996, concerning the
of catch basins and storm drain at Pershing Avenue and
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
installation of catch basins and storm drain at Pershing Avenue and
48th Street, in accordance with Plan No. 9514, be approved; and
that the Director of Public Works/City Engineer be authorized to
advertise for bids.
PUBLIC HEARING - CONFIRM 1996/97 ASSESSMENT ROLLS - ROLLS
ONE & TWO - CENTRAL CITY PARKING DISTRICT NO. 947 (26)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated June 25, 1996, concerning the
confirmation of the 1996/97 assessment rolls number one and two for
the Central City Parking District No. 947.
Council Member Miller stated that because she owned property
within the area and in an effort to avoid the appearance of a
conflict, she would be abstaining from this matter.
COUNCIL MEMBER MILLER EXCUSED
At 5:41 p.m., Council Member Miller left the Council meeting.
Mayor Pro Tem Arias opened the hearing.
22
7/15/1996
RES. 96-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ACQUISITION
AND IMPROVEMENT AND MAINTENANCE, OPERATION AND SECURITY
FOR THE CENTRAL CITY PARKING DISTRICT NO. 947 (ASSESSMENT
ROLL 1) . (26A)
RES. 96-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR THE EXPANSION
OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT NO.
947 (ASSESSMENT ROLL 2) . (26B)
Council Member Negrete made a motion, seconded by Council
Member Anderson, that the public hearing relative to the 1996/97
assessment rolls for the Central City Parking District (Assessment
District No. 947), be closed, and protests, if any, be overruled;
and that said resolutions be adopted.
The motion carried and Resolution Nos. 96-222 and 96-223 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent:
Council Member Miller.
COUNCIL MEMBER MILLER RETURNED
At 5:42 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
PUBLIC MEETING PROPOSED LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT - KENDALL DRIVE & PINE AVENUE AREA -
ASSESSMENT DISTRICT NO. 1017 (27)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 1, 1996, concerning the public
meeting for the proposed landscape maintenance assessment district
to be known as Assessment District No. 1017 within the Kendall
Drive and pine Avenue area.
Mayor Pro Tem Arias opened the public meeting.
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
questioned whether a vote of the people was required for the
establishment of a landscape maintenance district.
Director Hardgrave explained t.hat the property owner
(developer) has requested the landscape maintenance assessment
district and the proposed owners of the properties would be
notified.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the public meeting
relative to the formation of the Kendall and pine area landscape
maintenance assessment district (Assessment District No. 1017) be
closed, and protests, if any, be continued to the public hearing
23
7/15/1996
set for the Mayor and Common Council meeting of August 5, 1996.
RES. 96-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING
CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD
AREA. (28A)
RES. 96-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996 -97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH
STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND
CALIFORNIA STREET. (28B)
RES. 96-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996 - 97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE
AREA. (28C)
RES. 96-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF
KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND
LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA) . (28D)
RES. 96-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT
STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE
AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF
SAN BERNARDINO. (28E)
RES. 96-229 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR
DISTRICT NO. 963, FOR THE MAINTENANCE OF A
STATION IN PORTIONS OF ALLEN STREET, NORTH
AVENUE IN THE CITY OF SAN BERNARDINO.
BERNARDINO
ASSESSMENT
SEWER LIFT
OF CENTRAL
(28F)
RES. 96-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE
BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (28G)
RES. 96-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND
EUCALYPTUS AVENUE AREA. (28H)
RES. 96-232 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR
DISTRICT NO. 975, LANDSCAPING MAINTENANCE,
MILL AREA.
BERNARDINO
ASSESSMENT
PEPPER AND
(28I)
24
7/15/1996
RES. 96-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND
BELMONT AREA. (28J)
RES. 96-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE
AREA. (28K)
RES. 96-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF
VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVE. AND OHIO
AVE. (28L)
RES. 96-236 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR
DISTRICT NO. 1002, LANDSCAPING MAINTENANCE,
STREET AREA.
BERNARDINO
ASSESSMENT
NORTH "H"
(28M)
RES. 96-237 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1996-97 ASSESSMENT ROLL FOR
DISTRICT NO. 1007, LANDSCAPING MAINTENANCE,
RANDALL AVENUES AREA.
BERNARDINO
ASSESSMENT
PEPPER AND
(28N)
Director Hardgrave explained
assessment district have either
decreased.
that the costs
remained the same
for
or
each
have
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 96-224, 96-225, 96-226, 96-227, 96-228, 96-
229 , 96 - 230 , 96 - 2 31, 96 - 2 3 2, 96 - 233 , 96 - 234, 96 - 235, 96 - 236, and
96-237 were adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller.
Nays: None. Absent: None.
RES. 96-238 - 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
EIGHTH STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION
WITH "J" STREET. (29)
Council Member Curlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-238 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
25
7/15/1996
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE OSBORNE
DEVELOPMENT COMPANY RELATIVE TO ESTABLISHMENT OF AN
ASSESSMENT DISTRICT IN CONNECTION WITH DEVELOPMENT OF
TRACT NO. 14448. (30)
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter be
continued to the Mayor and Common Council meeting of August 5,
1996 .
DISCUSS & TAKE ACTION - VARIOUS PROPOSED BALLOT MEASURES
- NOVEMBER 5, 1996 - STATE-WIDE ELECTION (31)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PRESENTING AN ADVISORY MEASURE TO THE
VOTERS OF THE CITY OF SAN BERNARDINO PURSUANT TO
ELECTIONS CODE SECTION 9603 RELATING TO THE POWER OF THE
MAYOR TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT
COMMISSION. (31A)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS AN ADVISORY
MEASURE RELATING TO THE POWER OF THE MAYOR TO VETO
ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION AND
REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE
CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE
COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996. (31B)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PRESENTING A MEASURE TO THE VOTERS OF THE
CITY OF SAN BERNARDINO RELATING TO THE POWER OF THE MAYOR
TO VETO ACTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION.
(31C)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A MEASURE
RELATING TO THE POWER OF THE MAYOR TO VETO ACTIONS OF THE
COMMUNITY DEVELOPMENT COMMISSION AND REQUESTING THAT SUCH
SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
BERNARDINO ON NOVEMBER 5, 1996. (31D)
City Attorney Penman explained the previous actions taken
relative to the proposed ballot measure, and stated that he needed
direction as to whether the ballot measure should be advisory.
A discussion ensued regarding the purpose for the proposed
ballot measure.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the matter be tabled.
26 7/15/1996
The
Members
Negrete,
motion failed by the following vote: Ayes:
Oberhelman, Devlin, Miller. Nays: Council
Curlin, Arias, Anderson. Absent: None.
Council
Members
Council Member Negrete made a motion, seconded by Council
Member Devlin, that the matter be continued to the Mayor and Common
Council meeting of August 5, 1996.
Council Member Negrete withdrew his motion.
Council Member Curlin made a motion, seconded by Council
Member Negrete, to place on the November ballot a charter amendment
which states that the Mayor will have the power of veto on
Community Development Commission items subject to State law from
Sacramento according him that power.
Discussion continued regarding the rationale for the proposed
ballot measure and the previous actions which caused the State to
take action governing the Redevelopment Committee.
Deputy City Clerk Medina reread the motion and action was
taken as follows:
Council Member Curlin made a motion, seconded by Council
Member Negrete, to place on the November ballot a charter amendment
providing that the Mayor will have the power of veto subject to
State law.
The motion carried by the following vote:
Members Negrete, Curlin, Arias, Anderson. Nays:
Oberhelman, Devlin, Miller. Absent: None.
Ayes: Council
Council Members
City Attorney Penman expressed concern regarding the need for
direction on how to prepare the proposed ballot measure; however,
no further action was taken on this mat.ter.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 9.28.010 AND 9.28.040 OF THE SAN BERNARDINO
MUNICIPAL CODE PERTAINING TO OFFENSES AGAINST PUBLIC
DECENCY. First (32)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that said ordinance be laid
over for final adoption.
RESOLUTION OF THE CITY OF
ADOPTING THE FINAL BUDGET
YEAR 1996-1997.
SAN BERNARDINO APPROVING AND
OF SAID CITY FOR THE FISCAL
(33)
It was noted that the budget did not reflect the consolidation
of the Code Enforcement Division personnel and other actions taken
to balance the budget.
27
7/15/1996
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that said resolution be
continued to the Mayor and Common Council meeting of August 5,
1996 .
AUTHORIZE ESTABLISHMENT - NEW UTILITY SERVICES SYSTEM -
$32,000 RECREATION FACILITIES SAN BERNARDINO
INTERNATIONAL AIRPORT (SBIA) PARKS, RECREATION AND
COMMUNITY SERVICES. (34)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated July 3, 1996, requesting
authorization to utilize $32,000 in Park Construction Funds for the
installation of utility services at the recreation facilities
located at the San Bernardino International Airport.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the installation of
utility services at the recreation facilities at the San Bernardino
International Airport and the use of Park Construction Funds to
complete the project in the amount of $32,000 be approved.
AUTHORIZATION TO PROCEED - APPROVE PLAN NO. 9513 - VACATE
PORTION OF VICTORIA AVENUE, LYING NORTH OF PIEDMONT DRIVE
- (Continued from July 1, 1996) (35)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 3, 1996, requesting
authorization to proceed and approval of Plan No. 9513 for the
vacation of that portion of Victoria Avenue, lying north of
Piedmont Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Director of Public
Works/City Engineer and the City Clerk be authorized to proceed
with the vacation of that portion of Victoria Avenue, lying north
of piedmont Drive; and that Plan No. 9513 showing the vacation of
that portion of Victoria Avenue, lying north of Piedmont Drive, be
approved.
RES. 96-239 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE
SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING
PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE
AMOUNT OF $15,075.00 FOR THE FISCAL YEAR 1996/97. (Sl)
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 96-239 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
28
7/15/1996
ADJOURNMENT
At 6: 30 p. m., the regular meeting adj ourned
Monday, July 22, 1996, in the Council Chambers of
North "D" Street, San Bernardino, California.
(39)
to 9: 0 0 a. m. ,
City Hall, 300
RACHEL G. CLARK
City Clerk
By
, /v ~
~l'''~~.''--4 L ,<!'~"..} L<a
Spzanna Cordova
Deputy City Clerk
No. of Items: 41
No. of Hours: 8.5
29
7/15/1996