HomeMy WebLinkAbout12-16-1996 Minutes
MINUTES
MAYOR AND COMMON COrNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 16, 1996
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 8:01 a.m., Monday, December 16,
1996, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk
Rachel Clark; Acting City Administrator Wilson. Absent: Council
Members Negrete, Arias, Miller.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
GAEA Eauitus
Bernardino, et
No. SCV 28589.
Corporation, et al. vs. citv of San
al. - San Bernardino Superior Court Case
RECESS MEETING - CLOSED SESSION - (Discussed later in the
meeting - page 5) (1)
At 8:02 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}:
Bell. John Lee vs. D. Keil. et al. United States
District Court Case No. CV 95-4321 WDK (JGx);
People of the State of California vs. Manta
Manaaement/Manta Manaaement Corporation vs. Citv of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
1
12/16/1996
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
CLOSED SESSION
At 8:02 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Oberhelman, Devlin, Anderson; City Attorney Penman; City Clerk
Rachel Clark; Acting City Administrator Wilson. Absent: Council
Members Negrete, Arias, Miller.
Also present: Senior Assistant City Attorney Carlyle, Deputy
City Attorney Empeno and Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office; Economic Development
Agency Administrator Steinhaus; and Attorney Jim Odlum of Mundell,
Odlum and Haws, 275 W. 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 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 while the Mayor
and Common Council and Community Deve~opment Commission were in
closed session.
COUNCIL MEMBER MILLER ARRIVED
At 8:10 a.m., Council Member Miller arrived at the closed
session.
DEPUTY CITY ATTORNEY EMPENO, ECONOMIC DEVELOPMENT AGENCY
ADMINISTRATOR STEINHAUS AND ATTORNEY JIM ODLUM EXCUSED
At 8:14 a.m., Deputy City Attorney Empeno, Economic
Development Agency Administrator Steinhaus and Attorney Jim Odlum
of Mundell, Odlum and Haws, 275 W. Hospitality Lane, San
Bernardino, CA, left the closed session.
ADJOURN CLOSED SESSION
At 8:24 a.m., the closed session adjourned to 9:00 a.m., in
the Council Chambers of City Hall.
RECONVENE MEETING
At 9:02 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.
2
12/16/1996
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; City
Clerk Rachel Clark; Acting City Administrator Wilson. Absent:
Council Members Negrete, Arias.
INVOCATION
The invocation was given by Pastor Paul Reinhard, Calvary
Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
APPOINTMENTS - COUNCIL MEMBER ARIAS & MAYOR MINOR (2)
eOUNeIL MEMBER ARIAS
Animal Advisory Commission - Ralph M. Botello
MAYOR MINOR
Fire Commission - John Zavela
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the appointments of
Ralph M. Botello to the Animal Advisory Commission and John Zavela
to the Fire Commission, as requested by Council Member Arias and
Mayor Minor, respectively, be approved.
PRESENTATION SAN BERNARDINO CITY PROFESSIONAL
FIREFIGHTERS LOCAL 891 - SAN BERNARDINO COUNTY MEDICAL
CENTER BURN WARD - $5,000 DONATION (3)
Skip Kulikoff, President, San Bernardino City Professional
Firefighters Local 891, presented a c~eck to the San Bernardino
County Medical Center Burn Ward in the amount of $5,000.
Doctor David Vannix, San Bernardino County Medical Center Burn
Ward, accepted the donation and expressed his appreciation.
PRESENTATION SAN
FIREFIGHTERS LOCAL 891
$2,848 DONATION
BERNARDINO CITY PROFESSIONAL
- MUSCULAR DYSTROPHY ASSOCIATION -
(3)
Skip Kulikoff, President, San Bernardino City Professional
Firefighters Local 891, presented a check to the Muscular Dystrophy
Association in the amount of $2,848.
Ben Lerner and Brian Ferrar, Muscular Dystrophy Association,
accepted the donation, expressed their appreciation and presented
a plaque to the firefighters association.
3
12/16/1996
COMMENDATION - JOHN TRAVERS - PLANNING COMMISSION (3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending John Travers for his outstanding service to
the Planning Commission.
Mr. Travers accepted the resolution.
PRESENTATION - NATIONAL
SYSTEM MASCOT NAMING
WORKS/ENGINEERING
POLLUTION DISCHARGE ELIMINATION
& COLORING CONTEST PUBLIC
(3)
Gene Klatt, Assistant City Engineer, presented awards to the
following youth participants of the National Pollution Discharge
Elimination System mascot naming and coloring contest:
Lauren Cluck - coloring contest winner.
Brittney Lapham - coloring contest winner.
Dorsey LaShay - coloring contest winner.
Zachary Williams - naming contest winner.
Joseph Navarrete - naming contest winner.
COMMENDATION CHRISTINE MC PHAIL PUBLIC
WORKS/ENGINEERING - SUCCESSFUL COMPLETION OF THE NATIONAL
LANDSCAPE ARCHITECTURE EXAM (3)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending Christine Mc Phail, Public Works/Engineering,
for her successful completion of the national landscape
architecture exam.
Ms. Mc Phail accepted the resolution.
PRESENTATION OFFICIAL CITY ATTORNEY TIGER
ASSISTANT CITY ATTORNEY BARLOW
SENIOR
(3)
City Attorney Penman explained that after nine years of
working for the city, Senior Assistant City Attorney Barlow will be
leaving to accept a position with the City of Burbank, and
presented Mr. Barlow with the "official city attorney tiger" for
his dedicated service.
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:
4
12/16/1996
Name
Department
Margaret Schwartz
Norma Lambson
John Kramer
Library
Library
Parks, Recreation &
Community Svcs.
Police
Police
Police
Police
Police
Police
Police
Public Services
San Bernardino Employment
& Training Agency
Teri Newcomer
Michael Roche
Robert Valkenburg
David Snell
Robert Curtis, Jr.
James Tossetti
Dan Blum
Julie Hiatt
Richard Perkins
Years of Service
15 year pin
25 year pin
15 year pin
10 year pin
10 year pin
20 year pin
25 year pin
25 year pin
25 year pin
25 year pin
5 year pin
5 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENTS - COUNCIL MEMBERS ANDERSON AND OBERHELMAN
& CITY CLERK RACHEL CLARK (4)
Council Members Anderson and Oberhelman and City Clerk Rachel
Clark extended holiday wishes to the residents and employees of the
city.
CLOSED SESSION ANNOUNCEMENT - (Discussed earlier
meeting - page 1)
in the
(1)
City Attorney Penman announced that the following additional
cases had been discussed in closed session:
Yousef Samano et al.. vs. citv of San Bernardino. et al.
United States District Court Case No. 93-0448 CBM;
Tomas Armendariz. et al. vs. James F. Penman. et al. - United
States District Court Case No. CV 91-5757 CBM.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin wished everyone a happy holiday,
acknowledged the many blessings we have within this Country and
urged the city officials not to yiel:i to threats, but to make
decisions based on conscience.
PUBLIC COMMENTS - NORMAN LUBINSKY
(5)
Norman Lubinsky, 635
distributed pictures of
requested that the Mayor
chain-link fencing.
W. Highland Avenue, San Bernardino, CA,
his businesses within the city and
and Council allow the installation of
5
12/16/1996
PUBLIC COMMENTS - JAY LINDBERG
(5)
Jay Lindberg, 1622 Guthrie, San Bernardino, CA, expressed
concern regarding the local drug war.
PUBLIC COMMENTS - SKIP KULIKOFF
(5)
Skip Kulikoff, President, San Bernardino City Professional
Firefighters Local 891, requested that ~he residents support their
blood drive being sponsored on Decembel- 17,1996, from 10:00 a.m.
through 4:00 p.m., at the San Bernardino Blood Bank.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, 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.
RES. 96-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. ( 7 )
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
Resolution No. 96-370 was adopted by the following vote:
Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Members Negrete, Arias.
CLAIMS AND PAYROLL
(8)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the claims and payroll
and authorization to issue warrants as listed on the memorandum
dated December 11, 1996, from the Director of Finance, be approved.
PERSONNEL ACTIONS
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated December 5, 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.
6
12/16/1996
ORD. Me-988 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL
CODE ESTABLISHING A FIFTY-FIVE MILE PER HOUR SPEED LIMIT
ON BASE LINE STREET BETWEEN MERIDIAN AVENUE AND
CALIFORNIA STREET, A FIFTY MILE PER HOUR SPEED LIMIT ON
KENDALL DRIVE BETWEEN REVERE AVENUE AND PALM AVENUE, A
FORTY-FIVE MILE PER HOUR SPEED LIMIT ON LITTLE MOUNTAIN
DRIVE BETWEEN MARSHALL BOULEVARD AND NORTHPARK BOULEVARD,
A FORTY-FIVE MILE PER HOUR SPEED LIMIT ON HUNTS LANE
BETWEEN BARTON ROAD AND COMMERCIAL ROAD, A FORTY-FIVE
MILE PER HOUR SPEED LIMIT ON TIPPECANOE AVENUE BETWEEN
MILL STREET AND THIRD STREET, AND A FORTY-FIVE MILE PER
HOUR SPEED LIMIT ON SAN BERNARDINO AVENUE BETWEEN
TIPPECANOE AVENUE AND MOUNTAIN VIEW AVENUE. Final (10)
RES. 96-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO MOODY CONSTRUCTION FOR
INSTALLATION OF A HANDICAP RAMP AND RESTROOM REMODEL FOR
THE COUNCIL CHAMBERS IN CITY HALL. (11)
RES. 96-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR
FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT
NOS. 974, 975, 981, 986, 989, 1001 AND 1007. (12)
RES. 96-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR
FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT
NOS. 993 AND 1005. (13)
RES. 96-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GOLDEN WEST LANDSCAPING CONTRACTOR
FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO.
1017. (14)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said ordinance and resolutions be adopted.
Ordinance No. MC-988 and Resolution Nos. 96-371, 96-372, 96-
373 and 96-374 were adopted by the following vote: Ayes: Council
Members Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None.
Absent: Council Members Negrete, Arias.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF VICTORIA
AVENUE NORTH OF PIEDMONT DRIVE AND RESERVING EASEMENTS
FOR PUBLIC UTILITIES AND INGRESS AND EGRESS THEREIN. (18)
Roger Hardgrave, Director
answered questions concerning the
Lynwood and Victoria.
of Public WorkS/Engineering,
traffic at the intersection of
7
12/16/1996
Council Member Anderson made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
The motion
Members Curlin,
Devlin, Miller.
failed by the following vote: Ayes: Council
Anderson. Nays: Council Members Oberhelman,
Absent: Council Members Negrete, Arias.
APPROVE PLAN NO. 9578 - MODIFY TRAFFIC
STREET, AT "G" & "F" STREETS & SIERRA
ADVERTISEMENT FOR BIDS
SIGNALS - FIFTH
WAY - AUTHORIZE
(19)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated November 25, 1996, concerning the
modification of traffic signals on Fifth Street, at "G" and "F"
Streets and Sierra Way.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
modifying the traffic signals on Fifth Street, at "G" Street, "F"
Street and Sierra Way, in accordance with Plan No. 9578, be
approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
APPROVE PLAN NO. 9617 INSTALL PUMPING EQUIPMENT
DOMESTIC & IRRIGATION WATER WELLS - SAN BERNARDINO TRADE
CENTER AND INTERNATIONAL AIRPORT AUTHORIZE
ADVERTISEMENT FOR BIDS (20)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated December 4, 1996, concerning the
installation of domestic and irrigation water wells at the San
Bernardino Trade Center and Internatior:al Airport.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
furnishing and installing pump equipment for the domestic water
well and the irrigation water well, at San Bernardino Trade Center
and International Airport, in accordance with Plan No. 9617, be
approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
APPROVE PLAN NO. 9479 - IMPROVE ART TOWNSEND DRIVE & OTTO
GERICKE DRIVE SAN BERNARDINO TRADE CENTER AND
INTERNATIONAL AIRPORT - AUTHORIZE ADVERTISEMENT FOR BIDS
(21)
Roger
submitted a
improvement
Hardgrave, Director of Public Works/Engineering,
Staff Report dated December 2, 1996, concerning the
of Art Townsend Drive and Otto Gericke Drive.
A discussion was held concerning the proposed development
within the area of Art Townsend Drive and Otto Gericke Drive.
8
12/16/1996
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
improvement of Art Townsend Drive and Otto Gericke Drive at the San
Bernardino Trade Center and International Airport, in accordance
with Plan No. 9479, be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for bids.
RES. 96-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY
OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. (22)
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-375 was adopted by the following vote:
Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Members Negrete, Arias.
WAIVE FEE $1,017.92 POLICE & PUBLIC
DEPARTMENTAL COSTS - MARTIN LUTHER KING DAY
JANUARY 18, 1997 - BOY SCOUTS OF AMERICA
SERVICES
PARADE
(23)
Shauna Clark, City Administrator, submitted a Staff Report
dated December 3, 1996, concerning a request from the Boy Scouts of
America for a fee waiver in the amount of $1,017.92 for the conduct
of the Martin Luther King Day parade to be held on January 18,
1997.
Council Member Oberhelman announced that he would abstain from
voting since he holds a volunteer position with the Boy Scouts of
America.
Council Member Devlin announced that he would abstain from
voting.
City Attorney Penman advised that there is no legal
requirement to abstain; however, if by abstention the vote is
affected (which would be the case in this matter), one council
member would still be required to vote.
Council Member Devlin withdrew his abstention.
Council Member Curlin made a motion, seconded by Council
Member Anderson, that the request for a waiver of fees in the
amount of $1,017.92 for Police and Public Services departmental
costs in connection with the Boy Scouts of America Martin Luther
King Day parade on January 18, 1997, be approved.
The motion carried by the following vote:
Members Curlin, Devlin, Anderson, Miller. Nays:
Council Member Oberhelman. Absent: Council
Arias.
Ayes:
None.
Members
Council
Abstain:
Negrete,
9
12/16/1996
RES. 96-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO
REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO
RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING
TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 18,
1997. (24)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
No. 96-376 was adopted by the following vote:
Members Curlin, Oberhelman, Devlin, Anderson,
None. Absent: Council Members Negrete, Arias.
UTILITY COST REIMBURSEMENT - USE OF CITY FACILITIES - SAN
BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT
COUNTY PROBATION DEPARTMENT - $83,500 (25)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated November 27, 1996, concerning the reimbursement of $83,500
from the San Bernardino County Probation Department for utility
costs associated with the use of city facilities.
Council Member Oberhelman announced that he would abstain from
voting since he is employed by the County Probation Department.
Council Member Anderson made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council authorize the
Director of Finance to amend the fiscal year 1996/97 budget to
reflect the cost of utility usage at city facilities located at the
San Bernardino Trade Center and International Airport and to
reflect the reimbursement the city will receive from the County of
San Bernardino for these costs as outlined in the Staff Report
dated November 27, 1996, from Barbara Pachon, Director of Finance.
The motion carried by the following vote:
Members Curlin, Devlin, Anderson, Miller. Nays:
Council Member Oberhelman. Absent: Council
Arias.
Ayes:
None.
Members
Council
Abstain:
Negrete,
DEMOLITIONS REIMBURSEMENT - ARDEN-GUTHRIE PROPERTIES -
ECONOMIC DEVELOPMENT AGENCY - $354,075 (26)
Barbara pachon, Director of Finance, submitted a Staff Report
dated November 27, 1996, concerning the reimbursement of $354,075
from the Economic Development Agency for the costs associated with
the demolition of Arden-Guthrie properties.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
10
12/16/1996
BUDGET AMENDMENT FY 1996/97 - $115,000 - ALLOCATE SAVINGS
FROM REFINANCING CITY HALL - FOR SPECIAL ELECTION TO BE
HELD MARCH 18, 1997 - FINANCE (27)
Barbara Pachon, Director of Finance, submitted a Staff Report
dated December 4, 1996, concerning the allocation of $115,000 for
the March 18, 1997, Special Municipal Election.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council authorize the Director of Finance to amend the fiscal year
1996/97 budget to reflect the $115,000 cost of the March 18, 1997,
Special Municipal Election and to reduce the budgeted costs for the
City Hall lease payment by $115,000.
COUNCIL MEMBER NEGRETE ARRIVED
At 9:51 a.m., Council Member Negrete arrived at the Council
meeting and took his place at the council table.
RES. 96-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF CLUB CENTER DRIVE, EAST OF CLUB WAY AND
RESERVING EASEMENTS FOR SANITARY SEWER AND WATERLINES.
(Sl)
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 96-377 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: Council Member Arias.
RECESS MEETING
At 9:53 a.m., Mayor Minor declared a ten-minute recess.
RECONVENE MEETING
At 10:01 a.m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Counci~ 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, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman;
City Clerk Rachel Clark; Acting City Administrator wilson. Absent:
Council Member Arias.
APPROVE PLAN NO. 9576 - IMPROVE COULSTON STREET - FRO M
RICHARDSON TO CURTIS STREETS - AUTHORIZE ADVERTISEMENT
FOR BIDS - (Continued from December 2, 1996) (32)
11
12/16/1996
Roger
submi t ted a
improvement
Hardgrave, Director of Public
Staff Report dated December 5,
of Coulston Street.
Works/Engineering,
1996, concerning the
Henry Empeno,
dated December 16,
Street.
Deputy City Attorney, submitted a memorandum
1996, concerning tile improvement of Coulston
Concern was expressed regarding the expenditure of city funds
prior to a final commitment by the developer.
Director Hardgrave answered
properties within Tier Three of the
Assessment District.
questions concerning the
San Timoteo Flood Control
Mike Yeoman, 10444 Corporate Drive, Redlands, CA, explained
that if the city pays for the street improvements, they will
proceed with the development of single-family homes. However, if
the expenditure is not approved, they will not make a commitment.
A discussion was held concerning the zoning within the area
and the use of city funds.
Council Member Negrete made a motion that the plans for
improving Coulston Street, from Richardson Street to Curtis Street,
in accordance with Plan No. 9576, be approved; and that the
Director of Public Works/City Engineer be authorized to advertise
for bids.
The motion failed for lack of a second.
Council Member Negrete made a motion that the plans for
improving Coulston Street, from Richardson Street to Curtis Street,
in accordance with Plan No. 9576, be approved; and that the
Director of Public Works/City Engineer be authorized to advertise
for bids, subject to final approval of the proposed development by
Planning and Building Services.
The motion failed for lack of a second.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the matter be tabled.
The motion carried by the following vote:
Members Curlin, Oberhelman, Devlin, Anderson,
Council Member Negrete. Absent: Council Member
Ayes:
Miller.
Arias.
Council
Nays:
APPEAL HEARING PENALTY ASSESSMENT
TRANSIENT OCCUPANCY TAX - SUPER 8 MOTEL
$1,352.94
(15)
Rachel
November 26,
Clark, City Clerk, submit_ted a Staff Report dated
1996, concerning an appeal of the penalty assessment
12
12/16/1996
imposed on Super 8 Motel for the late filing of the transient
occupancy tax.
Mayor Minor opened the hearing.
David Holmes, 294 E. Hospitality Lane, San Bernardino, CA,
requested that the 25 percent penalty in the amount of $1,352.94 be
waived.
COUNCIL MEMBER MILLER EXCUSED
At 10 :33 a.m., Council Member Miller left the Council meeting.
City Clerk Rachel Clark explained that Super 8 Motel was
delinquent three times prior to the imposition of the penalty.
Council Member Curlin made a motion, seconded by Council
Member Anderson, and unanimously carl'ied, that the hearing be
closed; and that the Mayor and Common Council deny the appeal filed
by Stephen Post, Assistant Controller, on behalf of the Super 8
Motel, 294 E. Hospitality Lane, San Bernardino, for penalty
assessment of $1,352.94, representing delinquent payment of
transient occupancy tax.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3814 1048 CONGRESS MARIE ROMANO-MYERS
(eontinued from November 18, 1996) (16)
Bill Skiles, Code Compliance Manager, submitted a memorandum
dated December 12, 1996, concerning a request by the appellant, Ms.
Marie Romano-Myers, to withdraw the appeal and seeking a refund of
the $75 appeal fee.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be tabled;
and that the fee be refunded.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER
NO. 3830 - 668 NORTH "H" STREET - MOHAMAD HALABI (17)
Bill Skiles, Code Enforcement Manager, submitted a Staff
Report dated November 20, 1996, concerning the Board of Building
Commissioners' Order No. 3830 relative to the property located at
668 North "H" Street.
Mayor Minor opened the hearing.
Code Enforcement Manager Skiles provided a synopsis of the
action taken relative to the property located at 668 North "H"
Street and answered questions pertaining to such.
Mohamad Halabi, speaking on behalf of his brother, stated that
the work has been completed and he is requesting a waiver of fees.
13
12/16/1996
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council uphold Order No. 3830
of the Board of Building Commissioners and deny the appeal.
RECESS MEETING
At 10:45 a.m., Mayor Minor declared a fifteen-minute recess.
RECONVENE MEETING
At 11:04 a.m., Mayor Minor reconvened the joint regular
meeting of the Mayor and Common Counci~ 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, Oberhelman, Devlin, Anderson; City Attorney Penman; City
Clerk Rachel Clark; Acting City Administrator Wilson. Absent:
Council Members Arias, Miller.
PUBLIC HEARING - FRANCHISE RENEWAL
FRANCHISE TCI CABLEVISION OF
TELECOMMUNICATIONS
- NON-EXCLUSIVE CABLE
CALIFORNIA, INC.
(SS)
James F. Penman, City Attorney,
November 18, 1996, concerning a
Cablevision of California, Inc.
submitted a Staff Report dated
franchise renewal for TCI
Mayor Minor opened the hearing.
Frank Keller, Cable Television Manager, stated that meetings
had been held with representatives from TCI Cablevision of
California, Inc., and the City Attorney's Office and he recommended
that the matter be approved.
COUNCIL MEMBER MILLER RETURNED
At 11:05 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the hearing be
closed; and that the renewal of franchise be granted upon the terms
and conditions as specified in the Resolution of Intention,
Resolution No. 96-363.
CITY ATTORNEY PENMAN EXCUSED
At 11:06 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED
At 11:06 a.m., Economic Development Agency Special Counsel
Sabo arrived at the Council meeting.
14
12/16/1996
ACTING CITY ADMINISTRATOR WILSON EXCUSED
At 11: 06 a. m., Acting City Administrator Wilson left the
Council meeting and was replaced by Economic Development Agency
Administrator Steinhaus.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 11:06 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 Negrete made a mc,tion, seconded by Council
Member Oberhelman, and unanimously carried, that full reading of
the resolutions and ordinances 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.
APPROVE FUNDS & AGREEMENTS
PROGRAM - FISCAL YEAR 1996/97
EMERGENCY SHELTER GRANT
(R6)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated December 11, 1996,
concerning the fiscal year 1996/97 Emergency Shelter Grant Program.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council approve the designation of The Salvation Army,
Mary's Mercy Center, Frazee Community Center and Option House,
Inc., as fiscal year 1996/1997 Emergency Shelter Grant Program
recipients and authorize execution of agreements.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
EXCUSED
At 11: 36 a. m., Economic Development Agency Administrator
Steinhaus left the Council meeting and was replaced by Acting City
Administrator Wilson.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED
At 11:36 a.m., Economic Development Agency Special Counsel
Sabo left the Council meeting.
15
12/16/1996
ANNOUNCEMENTS - MAYOR MINOR
(4)
Mayor Minor provided a synopsis of the progress made on the
Emergency Medical Service (ambulance service) .
RES. 96-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO HALPRIN SUPPLY COMPANY FOR
THE PURCHASE AND DELIVERY OF SURVIVAIR BREATHING
APPARATUS, TO BE USED TO EQUIP THE NEW PARAMEDIC
AMBULANCES IN THE FIRE DEPARTMENT. (28)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution
Ayes: Council
Anderson, Miller.
No. 96 - 3 78 was adopted by the following vote:
Members Negrete, Curlin, Oberhelman, Devlin,
Nays: None. Absent: Council Member Arias.
RES. 96-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
FRIENDS OF SAN BERNARDINO CITY PARKS, INC., AND THE CITY
OF SAN BERNARDINO FOR THE OPERATION OF THE GALAXY GRAND
BALLROOM. (29)
Council Member Oberhelman made a notion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution
Ayes: Council
Anderson, Miller.
No. 96-379 was adopted by the following vote:
Members Negrete, Curlin, Oberhelman, Devlin,
Nays: None. Absent: Council Member Arias.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 11:38 a.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
ORD. Me-989 - AN ORDINANCE OF THE ~ITY OF SAN BERNARDINO
AMENDING SECTION 19.06.020 (B) (4), TABLE 06.01, COMMERCIAL
DISTRICTS LIST OF PERMITTED USES, TO ALLOW CAR, RV AND
TRUCK SALES IN THE CR-3 LAND USE DISTRICT SOUTH OF
INTERSTATE 10 SUBJECT TO THE APPROVAL OF A CONDITIONAL
USE PERMIT. Final (30)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said ordinance be adopted.
Ordinance No. MC-989 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson,
Miller. Nays: None. Absent: Council Member Arias.
16
12/16/1996
RES. 96-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRYAN A.
STIRRAT & ASSOCIATES FOR PROFESSIONAL SERVICES RELATIVE
TO CLOSURE OF A SANITARY LANDFILL. (31)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 96-380 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: Council Member Arias.
RES. 96-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION 94-362 ENTITLED IN PART
"RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE. . . ", BY
AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE
TITLES OF VARIOUS POSITIONS WITH:N DEPARTMENTS OF THE
CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS.
(eontinued from December 2, 1996) (33)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution
Ayes: Council
Anderson, Miller.
No. 96-381 was adopted by the following vote:
Members Negrete, Curlin, Oberhelman, Devlin,
Nays: None. Absent: Council Member Arias.
RES. 96-382 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE
FACT OF THE SPECIAL MUNICIPAL ELECTION WHICH WAS
CONSOLIDATED WITH THE STATEWIDE ELECTION AND HELD IN SAID
CITY ON THE 5TH DAY OF NOVEMBER, 1996, DECLARING THE
RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS
ARE PROVIDED BY LAW. (Continued from December 2, 1996)
(34)
Council Member Curlin made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 96-382 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: Council Member Arias.
RES. 96-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 85 OF LO=AL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION,
RELATING TO PRELIMINARY ENGINEERING FOR SEISMIC RETROFIT
OF BRIDGES AT VARIOUS LOCATIONS. (S2)
17
12/16/1996
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
Resolution No. 96-383 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: Council Member Arias.
RES. 96-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO
NOTICING A PUBLIC HEARING RELATIVE TO THE FORMATION OF
UNDERGROUND UTILITY DISTRICT NO. 25, GENERALLY LOCATED
ALONG PORTIONS OF 5TH STREET AND 3RD STREET, BETWEEN DEL
ROSA AVENUE AND VICTORIA AVENUE. (S3)
City Attorney Penman advised the Council that although the
action today does not violate Proposition 218, Right to Vote
Initiative; his opinion may change upon further scrutiny.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that the Director of Public Works/City Engineer
and City Clerk be authorized to proceed with the formation of
Underground Utility District No. 25 alo~g portions of Fifth Street
and Third Street between Del Rosa Avenue and Victoria Avenue,
pursuant to San Bernardino Municipal Code Chapter 13.36; and that
said resolution be adopted.
The motion carried and Resolution
the following vote: Ayes: Council
Oberhelman, Devlin, Anderson, Miller.
Council Member Arias.
No. 96-384 was adopted by
Members Negrete, Curlin,
Nays: None. Absent:
WAIVE FEE $7,588.44 - CITY PERSONNEL & EQUIPMENT -
MARTIN LUTHER KING, JR. CELEBRATION - JANUARY 11, 1997 -
NATIONAL AMERICAN UNITY ASSOCIATION (S4)
Fred Wilson, Acting City Administrator, submitted a Staff
Report dated December 11, 1996, concerning a request from the
National American Unity Association for a fee waiver in the amount
of $7,588.44 for the conduct of the Martin Luther King, Jr.
celebration to be held on January 11, 1997.
Council Member Curlin made a motion, seconded by Council
Member Miller, and unanimously carried, that the request for a
waiver of fees in connection with personnel and equipment used to
assist the National American Unity Association in their Martin
Luther King, Jr. Day celebration, January 11, 1997, in the amount
of $7,588.44, be approved.
RECESS MEETING
At 11:46 a.m., the joint regular meeting of the Mayor and
Common Council and Community Development Commission recessed to
2:00 p.m., in the Council Chambers of City Hall.
18
12/16/1996
RECONVENE MEETING
At 2:01 p.m., Mayor Minor reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardico.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney
Empeno; City Clerk Rachel Clark; Acting City Administrator Wilson.
Absent: Council Member Negrete.
FEE WAIVER - $298 - TEMPORARY USE PERMIT - NEW YEAR'S EVE
PARTY - THE GENTS ORGANIZATION (35)
Michael E. Hays, Director of Planning and Building Services,
submitted a Staff Report dated December 9, 1996, concerning a
request from The Gents Organization for a waiver of the temporary
use permit fee in the amount of $298 for the conduct of their New
Year's Eve party.
Pete Ramos, 631 Carol Court, Colton, CA, explained the
services they provide the community.
Council Member Arias made a motion, seconded by Council Member
Oberhelman, and unanimously carried, that the request for waiver of
the Temporary Use Permit (TUP) fee of $298 by The Gents
Organization, in connection with the remodeling of their building
at the former Norton facility, be approved.
ADJOURNMENT
(36)
At 2:04 p.m., the joint regular meeting adjourned. The next
joint regular meeting will be held at 8:00 a.m., Monday, January 6,
1997, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK
City Clerk
~ ~v
By '/1J..~ ..B0v'd
- zanna Cor ova
eputy City Clerk
No. of Items: 43
No. of Hours: 4
19
12/16/1996