HomeMy WebLinkAbout02-20-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
FEBRUARY 20, 1995
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Minor at 8:02
a.m., Monday, February 20, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor, Council Members Curlin,
Hernandez, Oberhelman, Devlin, City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Negrete, Pope-Ludlam, Miller.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Enborq vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 268606.
RECESS MEETING - CLOSED SESSION (1)
At 8:02 a.m., the Mayor and Common Council recessed to closed
session for the following:
1. Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Manta Manaqement Corporation vs. City of San Bernardino -
United States District Court Case No. CV - ED 94-251 RT
(Mcx) ,
Cimarron Ranch Associates vs. City of San Bernardino -
San Bernardino Superior Court Case No. SCV 17045,
Dean R. Meech vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18049;
McCrarv vs. citv of San Bernardino
Superior Court Case No. SCV 11780.
San Bernardino
B. Conference with legal counsel - anticipated litigation:
1 2/20/95
1. Initiation of litigation pursuant to subdivision
(c) of Government Code Section 54956.9 (c) : one
case;
2 .
Significant
subdivision
one case.
exposure to litigation pursuant to
(b) 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, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor, Council Members Curlin,
Hernandez, Oberhelman, Devlin; City Clerk Rachel Clark, City
Administrator Shauna Clark. Absent: Council Members Negrete,
Pope-Ludlam, Miller, City Attorney Penman.
Also present: Senior Assistant City Attorney Morillo, Deputy
City Attorney Empeno and Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office, and Al Boughey,
Director of Planning & Building Services.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas while the Council was in
closed session.
CITY ATTORNEY PENMAN ARRIVED
At 8:04 a.m., City Attorney Penman arrived at the closed
session.
COUNCIL MEMBER MILLER ARRIVED
At 8: 11 a. m., Council Member Miller arrived at the closed
session.
DEPUTY CITY ATTORNEY EMPENO & PLANNING & BUILDING
SERVICES DIRECTOR BOUGHEY EXCUSED
At 8:17 a.m., Deputy City Attorney Empeno and Planning &
Building Services Director Boughey left the closed session.
DEPUTY CITY ATTORNEY RHEMREV ARRIVED
At 8: 17 a. m., Deputy City Attorney Rhemrev arrived at the
closed session.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:18 a.m., Council Member Pope-Ludlam arrived at the closed
session.
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2/20/95
DEPUTY CITY ATTORNEY RHEMREV EXCUSED
At 8:25 a.m., Deputy City Attorney Rhemrev left the closed
session.
ADJOURN CLOSED SESSION
At 8:38 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council.
RECONVENE MEETING
At 9:07 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City
Clerk Rachel Clark, Assistant City Administrator Wilson. Absent:
Council Members Negrete, Pope-Ludlam.
INVOCATION
The invocation was given by Phil Arvizo, Executive Assistant
to the Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBERS HERNANDEZ,
DEVLIN & MILLER (2)
Mayor Minor submitted Staff Reports dated January 12 and 17,
and February 14, 1995, respectively, requesting that the following
appointments be approved:
MAYOR MINOR
Parks and Recreation Commission - Max L. Alonso, III
Senior Affairs Commission - Joyce R. Cozzo
COUNCIL MEMBER HERNANDEZ - THIRD WARD
Main Street Advisory Board -
Jordan Grinker
COUNCIL MEMBER DEVLIN - FIFTH WARD
Central City Parking Place Commission - Jeffrey A. Lerner
COUNCIL MEMBER MILLER - 8EVENTH WARD
Community Development Citizens Advisory Committee
Valles
Judith
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Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointments
requested by Mayor Minor and Council Members Hernandez, Devlin and
Miller, be approved.
PRESENTATION - 1994 INNOVATIVE CITY OF THE YEAR AWARD -
INLAND EMPIRE CHAPTER - LEAGUE OF CALIFORNIA CITIES - JOB
CONNECTION TELEVISION SERIES (2A)
Ernest Wilson, Affirmative Action Officer, Mayor's Office,
stated that the Inland Empire Chapter of the League of California
Cities has presented the City with the 1994 Innovative City of the
Year Award for its broadcast of the Job Connection television
series. Job Connection is co-produced by CATV Channel Three, the
State Employment Development Department and Comcast Cable.
Assistant City
Telephone Systems
accepted the award.
Administrator
Coordinator,
Fred Wilson and Bruce Hill,
Telecommunications Division,
COMMENDATION AQUINAS HIGH SCHOOL, SAN BERNARDINO
COMMUNITY AGAINST DRUGS, INC. & SAN BERNARDINO COUNTY
YOUTH ALLIANCE - FOURTH ANNUAL YOUTH-TO-YOUTH CONFERENCE
(2B)
Ernest Wilson, Affirmative Action Officer, Mayor's Office,
read a resolution acknowledging the week of February 25, 1995, as
the commencement of the fourth annual County Youth to Youth
Conference to be held at Aquinas High School, and commended Aquinas
High School, San Bernardino Community Against Drugs, Inc. and San
Bernardino County Youth Alliance for their outstanding service to
the community to ensure the existence of drug free youth.
Kevin Wright, Project Coordinator, San Bernardino Community
Against Drugs, Inc. (SBCAD), accepted the resolutions on behalf of
San Bernardino Community Against Drugs, Inc. and Aquinas High
School.
SERVICE PIN AWARDS
(2C)
Ernest Wilson, Affirmative Action Officer, Mayor's Office,
read the names of the following employees who received service pin
awards in gratitude of their many years of dedicated service to the
City:
Name
Department
Years of Service
Robert Simmons
Creighton Nece
Curtis Parker
Darrell Hess
Steven Shaw
City Attorney
Fire
Fire
Fire
Fire
5 year pin
5 year pin
5 year pin
15 year pin
15 year pin
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Name
Department
Years of Service
Dennis Reichardt
Mary Sharp
Joyce Johnson
Ernest Tull
John Galbadon
Bennie Jackson
Robert Sepulveda, Jr.
Fire
Police
Police
Police
Public Services
Public Services
Public Works/Engineering
25 year pin
10 year pin
15 year pin
25 year pin
25 year pin
35 year pin
5 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3)
Council Member Oberhelman noted the passing of the following
individuals and acknowledged their dedicated service to the
community: C. L. Vineyard, John W. Kennedy, Sr., and Jeri Rankins.
PUBLIC COMMENTS - DENNIS REICHARDT
(4)
Dennis Reichardt, Acting Battalion Chief, Fire Department,
3725 Canyon Terrace Drive, San Bernardino, CA, thanked the citizens
and the Mayor and Council for the opportunity to serve the City
within the City'S Fire Department.
PUBLIC COMMENTS - ROBERT REGO
(4A)
Robert Rego, 853 #A, Lynwood, San Bernardino, CA, expressed
discontent that the City Clerk and Mayor had decided not to appeal
Judge Kennedy's decision concerning the First Ward recall efforts.
PUBLIC COMMENTS - RUBEN LOPEZ
(4B)
Ruben Lopez, 631 West 16th Street, San Bernardino, CA,
expressed concern regarding the campaign contributions received by
the minority council members.
PUBLIC COMMENTS - MELVIN GEORGE
(4C)
Melvin George, 1307 North "K" Street, San Bernardino, CA,
stated that he had submitted a letter to Council Member Negrete
concerning a request he had made of the City Clerk last year to
issue a mandatory press release relative to ballot measures.
However, in the absence of Council Member Negrete, Mr. George chose
to forego his speaking time.
PUBLIC COMMENTS - BOB NELSON
(4D)
Bob Nelson, SR-11 Rue Ranch, Summit, CA, voiced opposition to
the actions taken by the legislative body to prohibit the freedom
of speech and submitted a document to the Mayor and Council
reiterating such.
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PUBLIC COMMENTS - TERRY MOLL
(4E)
Terry Moll, 6705 North Steven Way, San Bernardino, CA,
expressed disapproval of the actions taken by the four minority
council members in the recent anti-recall campaign and recommended
that an initiative be introduced concerning campaign contributions
and term limits.
PUBLIC COMMENTS - JOHN STEVENS
(4F)
John Stevens, 4097 North Pershing Avenue, San Bernardino, CA,
voiced discontent that Council Members Negrete and Oberhelman were
not present at the last Legislative Review Committee scheduled to
hear the matter on radioactive materials at the former Norton Air
Force Base.
COUNCIL MEMBER
At 9: 40 a. m. ,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
PUBLIC COMMENTS - TONIE BROWN
(4G)
Tonie
Suite 206,
production
Brown, Tonie Brown Productions, 255 North "D" Street,
San Bernardino, CA, opposed the cancellation of her
which was to be held at Sturges Auditorium.
PUBLIC COMMENTS - MELVENA MITCHELL
(4H)
Melvena Mitchell, 550 Sycamore Circle, San Bernardino, CA,
opposed the actions taken by the Parks, Recreation and Community
Services Department in the cancellation of Tonie Brown's
production.
PUBLIC COMMENTS - JEFF WRIGHT
(41)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
discontent towards the actions taken by the Mayor and Council to
limit the time allotted for public comments on items on the agenda.
PUBLIC COMMENTS - DONNA CONANT
(4J)
Donna Conant, 1200 Hill Drive, San Bernardino,
Cajon High School will be recognizing April
International Togetherness (IT) Day.
CA, stated that
30, 1995, as
ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED
At 9:54 a.m., Fred Wilson, Assistant City Administrator, left
the Council meeting and was replaced by City Administrator Shauna
Clark.
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2/20/95
PUBLIC COMMENTS - JORGE AMADOR
(4K)
Jorge Amador, 1227 Huff Street #1, San Bernardino, CA,
expressed support for International Togetherness Day (April 30,
1995) .
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3A)
Council Member Curlin expressed concern regarding the
restaurants who are not in compliance with the City's no-smoking
ordinance.
PUBLIC HEARING VERDEMONT AREA INFRASTRUCTURE FEE
REDUCTION - $7,699 TO $1,500 ANNUALLY (19)
This is the time and place set for a public hearing to
consider the reduction of the Verdemont Area Infrastructure Fee.
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated January 19, 1995, concerning the
proposed reduction of the Verdemont Area Infrastructure Fee.
Mayor Minor opened the hearing.
Fred Wilson, Assistant City Administrator, explained that
staff is recommending that the Verdemont Area Infrastructure Fee be
reduced from $7,699 to $1,500 annually and answered questions
regarding the proposed fee reduction.
Roger Hardgrave, Director of
answered questions concerning the
Verdemont Area Infrastructure Fee.
Public Works/City Engineer,
proposed reduction of the
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
concern regarding the immense decrease proposed for the Verdemont
Area Infrastructure Fee.
COUNCIL MEMBER
At 10:12 a.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO
REVISING SECTION 1 OF RESOLUTION 90-2, RELATING TO THE
AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-
OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS WITHIN THE
VERDEMONT AREA, AND ADOPTING THE THIRD AMENDMENT TO THE
ENGINEER'S REPORT. (19)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the hearing be
closed.
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COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:14 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
Council Member Devlin made a motion, seconded by Council
Member Miller, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-40 was adopted by the
following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
MANAGEMENT AUDIT REPORT
ASSOCIATES
FIRE DEPARTMENT
ALMONT
(20)
Peggy Ducey, Assistant to the City Administrator, submitted a
Staff Report dated February 13, 1995, concerning the results of the
management audit of the Fire Department.
Members of the San Bernardino City
submitted a letter dated February 20,
management audit of the Fire Department.
Management Association
1995, concerning the
Peggy Ducey, Assistant to the City Administrator, provided a
synopsis of the action taken relative to the management audit of
the Fire Department.
Jim sparr, President, Almont Associates, P. O. Box 338,
Almont, CO, explained the audit process and answered questions
regarding the performance and recommendations of the audit.
Shauna Clark, City Administrator, answered questions regarding
the proposed six-month suspension of the closure of Fire Station 10
and the process and recommendations of the audit.
City Attorney Penman cautioned the legislative body in their
decision making because the decision they make will ultimately
affect the services provided to the residents of the City. He
advised the Mayor and Council that a meet and confer would have to
take place on all of the recommended motions with the exception of
Motion No. One.
Council Member Devlin made a motion that the management audit
of the San Bernardino Fire Department, conducted by Almont
Associates, be received and filed; and that the City Administrator
be directed to oversee the implementation of the report's remaining
recommendations.
The motion failed for lack of a second.
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2/20/95
A discussion was held regarding the recommendations contained
in the management audit of the Fire Department.
Assistant to the City Administrator Ducey answered questions
regarding the annual budget and services provided by the Fire
Department.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the City not go forward with the closure of
Fire Station No. 10, and that the matter be continued to March 20,
1995, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California, to allow City Attorney Penman time to
identify those items which require a meet and confer session.
Council Member Miller withdrew her second.
The motion failed for lack of a second.
Mr. Sparr answered questions regarding whether or not future
development was considered in determining the closure of Fire
station No. 10.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued to May 15, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California, and that staff be
directed to return with a progress report.
AMBULANCE TRANSPORT - DISCUSS & TAKE POSSIBLE ACTION -
COUNCIL MEMBER OBERHELMAN (21)
Council Member Oberhelman submitted a Staff Report and
facsimile dated February 13 and 16, 1995, respectively, concerning
ambulance transport.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
RES. 95-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO
MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR
REORGANIZATION OF THE TERRITORY LOCATED GENERALLY
SOUTHWEST OF THE I-215 FREEWAY, SOUTHEAST OF THE I-15
FREEWAY TO INCLUDE ANNEXATION OF THE TERRITORY TO THE
CITY OF SAN BERNARDINO, ANNEXATION OF CERTAIN PORTIONS
THEREOF TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER
DISTRICT AND DETACHMENT OF CERTAIN PORTIONS THEREOF FROM
CENTRAL VALLEY FIRE DISTRICT. (24)
City Administrator Shauna
the proposed annexation of
southwest of the I-215 freeway
Clark
the
and
answered questions regarding
territory located generally
southeast of the I-15 freeway.
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2/20/95
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding the infrastructure already in place
within the area to be annexed.
It was noted that a petition had been filed which necessitated
the need for the adoption of said resolution.
The following individuals expressed opposition to the proposed
annexation:
Terry Ferguson, 19924 N. Kendall Drive, San Bernardino, CA.
Elizabeth Groggin, 18970 Cajon Boulevard, San Bernardino, CA.
Robert Zerito.
Jeff wright, P. O. Box 2341, San Bernardino, CA.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-41 was adopted by the
following vote: Ayes: Council Members Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: Council Members Curlin, Hernandez. Absent:
Council Member Negrete.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF
SAID CITY RAISING THE MINIMUM VALUE OF CITY PROPERTY TO
BE SOLD PURSUANT TO COMPETITIVE BID AND PROVIDING THAT
SALES TO PUBLIC AGENCIES WOULD NOT REQUIRE COMPETITIVE
BID. (Continued from January 9, 1995) (22)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter be tabled.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN
UPDATED HARASSMENT/SEXUAL HARASSMENT POLICY FOR SAID
CITY, AND REPEALING RESOLUTION NOS. 81-641 AND 91-330.
(Continued from February 6, 1995) (23)
Council Member Oberhelman made a motion, seconded
Member Miller, and unanimously carried, that the
continued to March 6, 1995, in the Council Chambers of
300 North "Dn Street, San Bernardino, California.
by Council
matter be
City Hall,
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9
- CALIFORNIA GOVERNMENT CODE - DISCUSSED LATER IN THE
MEETING - SEE PAGES 15 & 16 (Sl)
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2/20/95
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the matter be continued to March 6, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, subject to Mr. Simitian's availability.
The motion failed by
Members Curlin, Hernandez,
Oberhelman, Devlin, Miller.
the following vote: Ayes: Council
Pope - Ludlam. Nays: Council Members
Absent: Council Member Negrete.
It was the consensus of the Mayor and Council that the matter
be continued to later in the meeting.
RES. 95-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PERMIT
TO ENTER ACROSS CITY MAINTAINED REAL PROPERTY TO THE
ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF A YARD LEAD
TRACK GENERALLY LOCATED NORTH OF 5TH STREET, WEST OF THE
1-215 FREEWAY. (S4)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired
about the possible liability to the City.
A discussion ensued concerning possible liability to the City.
Director of Public Works/City Engineer Roger Hardgrave
answered questions regarding ownership of the property.
John Stevens, 4097 Pershing Avenue, San Bernardino, CA,
expressed concern regarding the transport of radioactive materials.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-42 was adopted by the
following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
RECESS MEETING
At 12:00 p.m., the regular meeting of the Mayor and Common
Council recessed to 2:00 p.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2: 04 p. m., Mayor Pro Tern Curlin reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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2/20/95
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tern Curlin; Council Members
Curlin, Hernandez, Oberhelman, Devlin, Miller, Deputy City Attorney
Empeno, City Clerk Rachel Clark, Planning & Building Services
Director Boughey. Absent: Council Members Negrete, Pope-Ludlam.
PUBLIC HEARING TENTATIVE PARCEL MAP NO.
DEVELOPMENT PERMIT TYPE II NO. 94-19 - BALLY'S
HEALTH SPA - HOSPITALITY LANE & CARNEGIE DRIVE
14712
HOLIDAY
(32)
This is the time and place set for a public hearing to
consider the adoption of the negative declaration and the approval
of Parcel Map No. 14712 and Development Permit Type II No. 94-19
for the construction of a Bally's Holiday Health Spa.
Al Boughey,
submitted a Staff
construction of a
Director of Planning & Building Services,
Report dated February 20, 1995, concerning the
Bally's Holiday Health Spa.
Mayor Pro Tern Curlin opened the hearing.
Director Boughey provided a synopsis of the action taken
relative to Tentative Tract No. 14712 and Development Permit Type
II No. 94-19 for the construction of a Bally's Holiday Health Spa.
Elliott Shaw, Integra Engineering, Inc., 621 E. Carnegie
Drive, San Bernardino, CA, answered questions regarding the
services to be provided by Bally's Holiday Health Spa.
MAYOR MINOR RETURNED
At 2:07 p.m., Mayor Minor returned to the Council meeting and
took his place at the council table.
Council Member Miller made a motion that the hearing be
closed.
The motion failed for lack of a second.
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
expressed support for the construction of the Bally's Holiday
Health Spa.
COUNCIL MEMBER
At 2: 09 p. m. ,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
Council Member Hernandez made a motion,
Member Oberhelman, and unanimously carried,
closed.
seconded by Council
that the hearing be
12
2/20/95
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that the negative declaration be adopted, and
that Tentative Parcel Map No. 14712 and Development Permit Type II
No. 94-19 be approved.
The motion carried by the following vote: Ayes: Council
Members Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
Council Member Curlin. Absent: Council Member Negrete.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:16 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 2:16 p.m., Planning & Building Services Director Boughey
left the Council meeting and was replaced by City Administrator
shauna Clark.
RES. 95-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF THE
NORTH/SOUTH AND EAST/WEST ALLEY LOCATED BETWEEN ARROWHEAD
AVENUE AND PERSHING AVENUE, NORTH OF 29TH STREET, AND
RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (25)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-43 was adopted by the
following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
RES. 95-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT
WITH ROBERT AND CAROL DOEMNER FOR STREET WIDENING AND
OTHER IMPROVEMENTS, ACROSS PORTIONS OF THEIR BUSINESS
PROPERTY LOCATED AT 3939 "H" STREET. (26)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-44 was adopted by the
following vote: Ayes: Council Members Curlin, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Abstain: Council Member
Hernandez. Absent: Council Member Negrete.
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2/20/95
RES. 95-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE
AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT FOR CONSTRUCTION OF A BRIDGE CULVERT AND OTHER
IMPROVEMENTS, ACROSS A PORTION OF THE DEVIL CREEK
DIVERSION CHANNEL AT "H" STREET. (27)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that further reading of the resolution be waived and
that said resolution be adopted.
The motion carried and Resolution No. 95-45 was adopted by the
following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
NORTHWEST INTERCEPTOR SEWER - "I" STREET STORM
PHASE ONE INSTALLATION APPROVE PLAN NO.
AUTHORIZE ADVERTISEMENT FOR BIDS
DRAIN -
9169
(28)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 9, 1995, concerning the
approval and authorization to advertise for bids for phase one
installation of the northwest interceptor sewer and n I" Street
storm drain.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if
there were any contaminants within the storm and sewer lines.
Director Hardgrave answered questions regarding the storm
drain and sewer alignment.
Bob Brendza,
been completed and
and sewer lines.
Santa Fe Railway, explained that studies have
there is no contamination within the storm drain
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that Plan No. 9169 be
approved, and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
FISCAL YEAR 1994/95 - MID-YEAR BUDGET REPORT
(29)
Barbara Pachon, Director of Finance, submitted a
dated February 14, 1995, concerning the fiscal year
year budget report.
Staff Report
1994/95 mid-
Fred Wilson, Assistant
memorandum dated February 16,
fiscal year 1995/96.
city Administrator, submitted a
1995, concerning the projections for
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2/20/95
Barbara Pachon, Director of Finance, provided a synopsis of
the mid-year budget report, the anticipated fund balances for
fiscal year 1994/95 and answered questions relative to such.
Fred Wilson, Assistant City Administrator, provided a synopsis
of the fiscal year 1995/96 projections and answered questions
regarding the effect the County of San Bernardino's budget would
have on the City's budget.
A discussion was held regarding the ability to meet the
projected $2,463,000 shortfall for fiscal year 1995/96.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired
about the Fiscalini field (Parks, Recreation & Community services
Department) line item budget and the City's investment policy.
City Administrator Shauna Clark explained that there is a net
cost for the Fiscalini field because the costs for maintenance are
higher than revenue and answered questions regarding the City's
investment policy.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the fiscal year
1994/95 mid-year budget report be received and filed.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REQUESTING THAT THE CITY OF SAN
BERNARDINO'S MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
NOVEMBER 7, 1995, UNIFORM DISTRICT ELECTION LAW (UDEL)
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (30)
Council Member Oberhelman made a motion, seconded
Member Miller, and unanimously carried, that the
continued to April 3, 1995, in the Council Chambers of
300 North "D" Street, San Bernardino, California.
by Council
matter be
City Hall,
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 2.56.010 AND SECTION 2.56.150 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO DATES OF ELECTIONS.
First (31)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that further reading of the
ordinance be waived and that it be laid over for final adoption.
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9
- CALIFORNIA GOVERNMENT CODE - DISCUSSED EARLIER IN THE
MEETING - SEE PAGE 10 (Sl)
15
2/20/95
This is the time and place continued from earlier in the
meeting to consider going into closed session for significant
exposure to litigation.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the matter be continued to 10:00 a.m.,
March 6, 1995, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
The motion carried by
Members Curlin, Hernandez,
Council Member Oberhelman.
the following vote: Ayes: Council
Devlin, Pope-Ludlam, Miller. Nays:
Absent: Council Member Negrete.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, CONTAINING THEIR FINDINGS
WITH REGARD TO ALLEGATIONS OF SEXUAL HARASSMENT AGAINST
CITY ATTORNEY JAMES PENMAN AND AUTHORIZING OFFICIAL
ACTIONS RELATED THERETO, INCLUDING DIRECTION TO CITY
ATTORNEY PENMAN AND THE MAYOR. (S2)
NOTE: The resolution was not distributed with the backup,
therefore, will not be available for reference.
Council Member Hernandez made a motion, seconded
Member Curlin, that the matter be continued to March
the Council Chambers of City Hall, 300 North "D"
Bernardino, California.
by Council
6, 1995, in
Street, San
The motion carried by
Members Curlin, Hernandez,
Members Oberhelman, Devlin.
the following vote: Ayes: Council
Pope-Ludlam, Miller. Nays: Council
Absent: Council Member Negrete.
RES. 95-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH
J. BAKER, INC. DBA CASUAL MALE RELATING TO ENCROACHMENT
OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY OF "H"
STREET AT 798 WEST INLAND CENTER DRIVE, AND RESCINDING
RESOLUTION NO. 94-364. (S3)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that further reading of the resolution be waived
and that said resolution be adopted.
The motion carried and Resolution No. 95-46 was adopted by the
following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
RENTAL HOUSING CERTIFICATION PROGRAM - DELETE BUILDING
INSPECTION SUPERVISOR POSITION - ESTABLISH INSPECTION
SERVICES SUPERVISOR - 12-MONTH PERIOD (SA)
16
2/20/95
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated February 9, 1995, concerning positions within the
Rental Housing Certification Program.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that the position of Building Inspection
Supervisor, Range 2420, $3,606-$4,383 per month, be deleted, that
the position of Inspection Services Supervisor, Range 2440, $3,984-
$4,843 per month, be established and funded for a period of 12
months, and that the Personnel Department be directed to update
Resolution 6413, Section Eleven, to reflect this action.
The motion carried by
Members Curlin, Hernandez,
Council Member Pope-Ludlam.
the following vote: Ayes: Council
Oberhelman, Devlin, Miller. Nays:
Absent: Council Member Negrete.
CRIME FREE RENTAL HOUSING PROJECT - ESTABLISH ONE FULL-
TIME PROJECT COORDINATOR POSITION & ONE PART-TIME TYPIST
CLERK III POSITION - 12-MONTH PERIOD (SB)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated February 9, 1995, concerning positions within the
Crime Free Rental Housing Project.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that the following positions be established and
funded for a period of twelve (12) months from the date of hire:
Project Coordinator, Range 2410, $3,431-$4,170 per month, one (1)
full-time position; Typist Clerk III, Range 1267, $1,681-$2,044 per
month, one (1) part-time position, and that the Personnel
Department be directed to update Resolution 6413, Sections Ten and
Eleven, to reflect this action.
The motion carried by
Members Curlin, Hernandez,
Council Member Pope-Ludlam.
the following vote: Ayes: Council
Oberhelman, Devlin, Miller. Nays:
Absent: Council Member Negrete.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agenda
be waived.
COUNCIL MINUTES
(7)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form:
November 21, 1994, December 19, 1994 and January 30, 1995.
17
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RES. 95-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES, (BUILDING ABATEMENTS) (8)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-47 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
RES. 95-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT WITH MASTER-SORT, INCORPORATED,
FOR PRESORT MAIL SERVICES. (9)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-48 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
RES. 95-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING
CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH
THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF
SAN BERNARDINO AS A RESULT OF WINTER STORMS IN JANUARY
1995. (10)
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-49 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
RES. 95-50 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION
OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT. (11)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-50 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
18
2/20/95
RES. 95-51 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING A
NEW ALTERNATE DELEGATE TO THE SAN BERNARDINO COUNTY SOLID
WASTE ADVISORY TASK FORCE. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-51 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
WATER, SEWER & GEOTHERMAL FUNDS - 1993/94 ANNUAL AUDIT -
WATER DEPARTMENT (13)
Cheryl Flowers, Assistant General Manager, Water Department,
submitted a Staff Report dated February 2, 1995, concerning the
fiscal year 1993/94 annual audit of the Water Department's water,
sewer and geothermal funds.
Council Member Devlin made a motion, seconded by Council
Member Miller, that the Water Department 1993/94 water, sewer and
geothermal funds annual audit, be received and filed. (Note:
There was no vote taken.)
Council Member Oberhelman made a substitute motion that the
matter be continued to March 6, 1995, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
The motion failed for lack of a second.
A discussion was held
obligation and the authority of
Department.
regarding the unfunded pension
the legislative body over the Water
Council Member Oberhelman made a substitute motion, seconded
by Council Member Curlin, and unanimously carried, that the matter
be continued to March 6, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
CLAIMS AND PAYROLL
(14)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated February 13, 1995, from the Director of Finance,
be approved.
19
2/20/95
PERSONNEL ACTIONS
(15)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated February 8, 1995, in
accordance with civil Service Rules and Personnel Policies adopted
by the Mayor and Common Council of the City of San Bernardino, be
approved and ratified.
CLEAN SEWER SIPHONS, LINES, CATCH BASINS &
CULVERTS - VARIOUS LOCATIONS - APPROVE PLAN NO.
EXPENDITURE - AUTHORIZE ADVERTISEMENT FOR BIDS
PARKWAY
9243 &
(16)
Roger Hardgrave, Director of Public
submitted a staff Report dated February 6,
approval of expenditure and Plan No. 9243 for
siphons, lines, catch basins and parkway
locations within the City.
Works/City Engineer,
1995, concerning the
the cleaning of sewer
culverts at various
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the expenditure of
$16,000 from Account No. 132-000-3405, "Fund Balance-Sewer Line
Maintenance Fund", for cleaning sewer siphons and lines, catch
basins and parkway culverts be approved, that Plan No. 9243, be
approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
REHABILITATE SEWER MANHOLES - VARIOUS LOCATIONS - APPROVE
PLAN NO. 9244 & EXPENDITURE - AUTHORIZE ADVERTISEMENT FOR
BIDS (17)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 2, 1995, concerning the
approval of expenditure and Plan No. 9244 for rehabilitation of
sewer manholes at various locations within the City.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the expenditure of
$190,000, from Account No. 132-000-3405, "Fund Balance-Sewer Line
Maintenance Fund", for rehabilitation of sewer manholes, be
approved, that plan No. 9244, be approved, and that the Director of
Public Works/City Engineer be authorized to advertise for bids.
INSTALL STREET LIGHTS - VARIOUS LOCATIONS - APPROVE PLAN
NO. 9245 - AUTHORIZE ADVERTISEMENT FOR BIDS (18)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 6, 1995, concerning the
approval of Plan No. 9245 and authorization to advertise for bids
for installation of street lights at various locations within the
City.
20
2/20/95
the
the
Concern was expressed relative to the money received
Street Light/Street Sweeping Assessment District No.
means of selecting the location of the street
through
994 and
lights.
Roger Hardgrave, Director of
answered questions regarding the
street lights.
Public
location
Works/City Engineer,
and installation of
Council Member Miller made a motion, seconded by Council
Member Hernandez, that Plan No. 9245, be approved, and that the
Director of Public Works/City Engineer be authorized to advertise
for bids.
The motion carried by
Members Curlin, Hernandez,
Council Member Oberhelman.
the following vote: Ayes: Council
Devlin, Pope-Ludlam, Miller. Nays:
Absent: Council Member Negrete.
RECESS MEETING
At 3:29 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3:34 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor, Council Members Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Senior
Assistant City Attorney Barlow, Economic Development Agency Counsel
Timothy Sabo, City Clerk Rachel Clark; Economic Development Agency
Administrator Timothy Steinhaus. Absent: Council Member Negrete.
COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING
AUTHORITY - JOINT REGULAR MEETING
At 3:34 p.m., Chairman Minor called the joint regular meeting
of the Community Development Commission and Joint Powers Financing
Authority to order in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1)
Council Member Oberhelman made a motion,
Member Curlin, and unanimously carried, that
resolutions and ordinances on the regular and
be waived.
seconded by Council
full reading of the
supplemental agenda
21
2/20/95
RES. 95-52 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
EXECUTION AND FILING OF APPLICATION WITH UNITED STATES
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION, FOR FEDERAL ASSISTANCE ON CAJON INTERCEPT
SEWER. (R6)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
Resolution No. 95-52 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
RES. J-23 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY ESTABLISHING THE DATE AND TIME TO
HOLD REGULAR MEETINGS; APPOINTING THE SECRETARY OF THE
JOINT POWERS FINANCING AUTHORITY, APPOINTING LEGAL
COUNSEL TO THE JOINT POWERS FINANCING AUTHORITY AND
ADOPTING A CONFLICT OF INTEREST CODE. (R8)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
Resolution No. J-23 was adopted by the following vote: Ayes:
Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Negrete.
COMMUNITY DEVELOPMENT COMMISSION - JOINT POWERS FINANCING
AUTHORITY - JOINT REGULAR MEETING
At this time, the Mayor and Common Council acting as the
Community Development Commission, took action on Community
Development Commission items.
ADJOURNMENT (33)
At 5:36 p.m., the regular meeting adjourned. The next regular
meeting of the Mayor and Common Council will be held at 8:00 a.m.,
Monday, March 6, 1995, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
~ V~
.-2~ Ij -V-o
~ Sanna Cordova
eputy Clty Clerk
No. of Items: 40
No. of Hours: 7.5
22
2/20/95