HomeMy WebLinkAbout03-20-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
MARCH 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, March 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 Negrete,
Curlin, Hernandez, Oberhelman, Devlin, City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Pope-Ludlam, Miller.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
County of San Bernardino vs. City of San Bernardino - San
Bernardino Superior Court Case No. RSC 224288.
RECESS MEETING - CLOSED SESSION
At 8: 02 a. m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1 &: Sl)
Community
for the
1. Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
McCrary vs. Citv of San Bernardino
Superior Court Case No. SCV 11780;
San Bernardino
EDA vs. Georqe Aquilar (and Cross Complaint) San
Bernardino Superior Court Case No. 274061,
Riqht to Know, et al. vs. City of San Bernardino; San
Bernardino International Airport Authority, Real Party in
Interest - San Bernardino Superior Court Case No. SCV
18646,
City of San Bernardino vs. Frank L. Arellanes, et al. -
San Bernardino Superior Court Case No. 264052,
City of San Bernardino vs. Robert Osborne, et al. - San
Bernardino Superior Court Case No. SCV 18390;
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Maqdaleno vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 248739, Fourth District Court
of Appeals Case No. E012678.
B. Conference with legal counsel - anticipated litigation:
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9(c): one case.
Sl. Conference with labor negotiator pursuant to Government Code
section 54957.6:
Aqency Neqotiator:
Shauna Clark, City Administrator
Employee Orqanization:
San Bernardino Police Officers Association (SBPOA)
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
The following were present: Mayor Minor; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, City Attorney
Penman; City Administrator Shauna Clark. Absent: Council Members
Pope-Ludlam, Miller, City Clerk Rachel Clark.
Also present: Senior Assistant City Attorney Morillo, Senior
Deputy City Attorney Simmons, Deputy City Attorney Roth and
Margaret scroggin, Administrative Operations Supervisor, City
Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular, supplemental, addendum
to the supplemental and Community Development Commission agendas
while the Council was in closed session.
COUNCIL MEMBER MILLER ARRIVED
At 8:07 a.m., Council Member Miller arrived at the closed
session.
CITY CLERK RACHEL CLARK & PERSONNEL DIRECTOR DILLON
ARRIVED
At 8:08 a.m., City Clerk Rachel Clark and Personnel Director
Dillon arrived at the closed session.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:12 a.m., Council Member Pope-Ludlam arrived at the closed
session.
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PERSONNEL DIRECTOR DILLON & DEPUTY CITY ATTORNEY ROTH
EXCUSED
At 8:13 a.m., Personnel Director Dillon and Deputy City
Attorney Roth left the closed session.
SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 8:14 a.m., Senior Deputy City Attorney Simmons left the
closed session.
DEPUTY CITY ATTORNEY RHEMREV ARRIVED
At 8:15 a.m., Deputy City Attorney Rhemrev arrived at the
closed session.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY & FIRE
CHIEF WRIGHT ARRIVED
At 8:16 a.m., Planning & Building Services Director Boughey
and Fire Chief Wright arrived at the closed session.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY & DEPUTY
CITY ATTORNEY RHEMREV EXCUSED
At 8:31 a.m., Planning & Building Services Director Boughey
and Deputy City Attorney Rhemrev left the closed session
ASSISTANT TO THE CITY ADMINISTRATOR DUCEY ARRIVED
At 8:38 a.m., Assistant to the City Administrator Ducey
arrived at the closed session.
COUNCIL MEMBER MILLER EXCUSED
At 8:39 a.m., Council Member Miller left the closed session.
ADJOURN CLOSED SESSION
At 8 :41 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council.
RECONVENE MEETING
At 9:04 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: None.
INVOCATION
The invocation was given by Rabbi Hillel Cohn, Congregation
Emanu El.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Curlin.
APPOINTMENT - BLUE RIBBON COMMISSION ON MAYOR & COUNCIL
SALARY STUDY - PHILIP KASSEL - MAYOR MINOR (2A)
Mayor Minor submitted a Staff Report dated March 8, 1995,
requesting the appointment of Philip Kassel, 3922 San Gabriel
Street, San Bernardino, CA, to the Blue Ribbon Commission on Mayor
and Council Salary Study.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the appointment of Philip Kassel to the Blue
Ribbon Commission on Mayor and Council Salary Study be approved;
and that Mr. Kassel be appointed as the Chairman. (Note: There
was no vote taken.)
Council Member Hernandez made a substitute motion, seconded by
Council Member Oberhelman, that the appointment of Philip Kassel to
the Blue Ribbon Commission on Mayor and Council Salary study be
approved.
The substitute motion carried by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam. Nays: Council Member Miller. Absent: None.
APPOINTMENT
COMMITTEE -
COMMUNITY DEVELOPMENT CITIZENS ADVISORY
HUMBERTO RAMIREZ - COUNCIL MEMBER HERNANDEZ
(2B)
Mayor Minor submitted a Staff Report dated March 13, 1995,
requesting the appointment of Humberto Ramirez, 1670 W. Walnut, San
Bernardino, CA, to the Community Development Citizens Advisory
Committee, as requested by Council Member Hernandez.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Humberto Ramirez to the Community Development Citizens Advisory
Committee be approved.
APPOINTMENT - BUREAU OF FRANCHISES - JON SHULTZ - COUNCIL
MEMBER OBERHELMAN (2C)
Mayor Minor submitted a Staff Report dated March 13, 1995,
requesting the appointment of Jon Shultz, 1155 E. ponderosa Drive,
San Bernardino, CA, to the Bureau of Franchises, as requested by
Council Member Oberhelman.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of Jon
Shultz to the Bureau of Franchises be approved.
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APPOINTMENT MAIN STREET ADVISORY BOARD
EDWARDS - COUNCIL MEMBER OBERHELMAN
MARK C.
(S3)
Mayor Minor submitted a Staff Report dated March 16, 1995,
requesting the appointment of Mark C. Edwards, 599 North "E"
Street, Suite 205, San Bernardino, CA, to the Main Street Advisory
Board, as requested by Council Member Oberhelman.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Mark C. Edwards to the Main Street Advisory Board be approved.
PROCLAMATION - ARCHITECTURE WEEK - MARCH 26 THROUGH APRIL
1, 1995 - AMERICAN INSTITUTE OF ARCHITECTS (2D)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming the week of March 26 through April 1, 1995,
as Architecture Week.
Gary McGavin, American Institute of Architects, accepted the
proclamation.
EMPLOYEE RECOGNITION AWARDS - FOURTH QUARTER 1994 (2E)
In a memorandum dated March 2, 1995, Les Fogassy,
Employee Recognition Selection committee, stated that the
individuals were chosen as the 1994 Fourth Quarter
Recognition Award recipients:
Chairman,
following
Employee
Cateqory
Employee
Department
Management/
Confidential
Mid-Management
Debbie Nadeau
Administration
Glenda Burnett
Safety
General
Michael Grzonka
Tina Forney
Parks, Recreation
& Communi t y
Services
Police
Management
Information
Services
Debbie Nadeau, Glenda Burnett, Michael Grzonka and Tina Forney
accepted their award.
The following individuals were presented with nomination
certificates for the 1994 Fourth Quarter Employee Recognition
Awards: Aurora Mendoza, Library, Jaina Dixon, Police, and Rita
Shirley-West, Finance.
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.._----,--_.~.-
SERVICE PIN AWARDS
(2F)
J. Lorraine Velarde, Executive Assistant to the Mayor, 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
Bonnie Greenleaf City Attorney 5 year pin
Michael stanley City Clerk 10 year pin
Georgia Chamberlain Finance 15 year pin
Janie Carry Library 20 year pin
Glenda Burnett Parks, Recreation & 15 year pin
Community Services
Audree Taylor Parks, Recreation & 15 year pin
Community Services
Brenda Wilder Personnel 5 year pin
Kathrine Whittaker Planning & Building 15 year pin
Services
Tony Gorrell Police 5 year pin
Walter Goggin Police 15 year pin
Francis Good Police 15 year pin
Elizabeth Mulleavey Police 15 year pin
Armando Rivas, Jr. Police 15 year pin
Daryl Zoulko Police 20 year pin
Darryl Sellas Police 25 year pin
John Montana Public services 25 year pin
Ogbonna Abarikwu Public Works/Engineering 5 year pin
Carol Crump Public Works/Engineering 10 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin expressed appreciation for the honor of
being able to lead the pledge of allegiance in that the flag
represents 50 states in unity, thanked City Attorney Penman for
notifying him that a criminal was being released in his ward and
stressed the importance of notification of such, and made a plea
for a higher level of observance of the council rules at public
meetings.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3A)
Council Member Hernandez expressed appreciation that the
recent recall campaign is over and he hopes for constructive
relations with the public and members of the Council.
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ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3B)
Council Member Oberhelman voiced concern regarding the letter
in The Sun written by James Mulvihill relative to the Planning
Commission'S inability to meet due to the lack of a quorum. He
expressed support for the members of the Planning Commission.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3C)
City Attorney Penman acknowledged the improved inter-racial
relationships throughout the Country and communicated his respect
for such.
PUBLIC COMMENTS - ROBERT REGO
(4)
Robert Rego, 853 #A, Lynwood, San Bernardino,
concern relative to the acts of vandalism performed
organization, "We the People."
CA, voiced
against the
PUBLIC COMMENTS - EUNICE THOMPSON
(4A)
Eunice Thompson, 2116 Sunrise Lane, San Bernardino, CA, stated
that she has requested assistance from the City to eradicate crime
and beautify the Arden/Guthrie area to no avail. Ms. Thompson
requested that the Council take action.
PUBLIC COMMENTS - BRIAN BOST
(4B)
Brian Bost, Easter Seal Society,
Bernardino, CA, expressed appreciation
the recent Easter Seal Telethon.
241 E. 9th Street, San
for the City's support in
PUBLIC COMMENTS - BOB NELSON
(4C)
Bob Nelson, SR-11 Rue Ranch, Summit, CA, voiced opposition to
the action taken by the legislative body to prohibit the freedom of
speech and submitted a document to the Mayor and Council
reiterating such.
PUBLIC COMMENTS - RUBEN LOPEZ
(4D)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed
concern that members of the City Council are not reading the
information provided for each item on the agenda and emphasized the
need to make well-informed decisions.
PUBLIC COMMENTS - DAVID MONGIELLO
(4E)
David Mongiello, 1804 State Street, San Bernardino,
inquired why skateboarding is not allowed within the
surrounding City Hall and expressed concern regarding
inconsistent behavior of police personnel.
CA,
area
the
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,------ -----
A discussion was held regarding the possibility of referring
the matter to the Legislative Review Committee.
PUBLIC COMMENTS - JEFF WRIGHT
(4F)
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 - NICK LA PERUTA
(4G)
Nick La Peruta, Owner, A-1 Auto Body Paint & Repairs, 1187
Highland Avenue, San Bernardino, CA, voiced disapproval that the
City had issued an unrelated business certificate under his
business name and expressed concern regarding the lack of
assistance provided to small business owners.
PUBLIC COMMENTS - JOAN MONGIELLO
(4H)
Joan
expressed
order for
Mongiello, 1804
concern regarding
public meetings.
State Street, San Bernardino, CA,
the inconsistencies of the rules of
PUBLIC HEARING - ALLEY VACATION - BETWEEN
PERSHING AVENUES - NORTH OF 29TH STREET -
PUBLIC UTILITY EASEMENT
ARROWHEAD &
RESERVING A
(17)
This is the time and place set for a public hearing to
consider an alley vacation between Arrowhead and Pershing Avenues,
north of 29th Street, and reserving a public utility easement
therein.
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated February 27, 1995, concerning the
proposed alley vacation between Arrowhead and Pershing Avenues,
north of 29th Street, and reserving a public utility easement
therein.
Mayor Minor opened the hearing.
Ken Nydam,
Bernardino, CA,
provided.
absentee landlord,
expressed concern
2937
that
Arrowhead Avenue,
access would not
San
be
Director Hardgrave answered questions regarding the proposed
alley vacation, the costs associated with such and explained that
keys would be provided to property owners in order to obtain
access.
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, stated
that it was important for the public to understand that when the
City vacates an alley, the City is no longer responsible for
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maintenance.
The following individuals expressed support for the proposed
alley vacation:
Tom Tissot.
Carla Neill, 2920 Pershing Avenue, San Bernardino, California.
Jim Murphy, 2931 Pershing Avenue, San Bernardino, California.
A discussion was held regarding the need to establish a city-
wide policy for the closure of alleys and streets and the need to
reduce crime within the area. It was noted that a procedure would
be difficult to establish in that each circumstance would need to
be reviewed on a case-by-case basis.
RES. 95-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING THE VACATION OF THE "L" SHAPED ALLEY LYING NORTH
OF 29TH STREET BETWEEN ARROWHEAD AVENUE AND PERSHING
AVENUE IN THE CITY OF SAN BERNARDINO, AND RESERVING A
PUBLIC UTILITY EASEMENT. (17)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the findings of fact as set forth in the Staff
Report dated February 27, 1995, from Roger Hardgrave, Director of
Public Works/City Engineer, as to why that certain "L" shaped alley
between Arrowhead Avenue and Pershing Avenue and north of 29th
Street is no longer necessary for street purposes be approved, that
further reading of the resolution be waived, and that said
resolution be adopted.
The motion carried and Resolution No. 95-59 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member
Hernandez. Absent: None.
REIMBURSE CITY ATTORNEY PENMAN - LEGAL FEES INCURRED -
CONTEST ACCUSATIONS BY COUNCIL MEMBER HERNANDEZ AT THE
STATE BAR - $2,182.58 - CONTINUED FROM MARCH 6, 1995
(28A)
REIMBURSE CITY ATTORNEY PENMAN - LEGAL FEES INCURRED -
PRYKE VS. CITY OF SAN BERNARDINO SEXUAL HARASSMENT
ALLEGATIONS - $4,729.02 - CONTINUED FROM MARCH 6, 1995
(28B)
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m -- __n - -----------------------------------T--------
This is the time and place continued to consider reimbursing
City Attorney Penman for actions taken to contest the accusations
made by Council Member Hernandez at the State Bar and in the case
of Pryke vs. City of San Bernardino.
Charles Green, Sabo & Green, Attorneys at Law, 6320 Canoga
Avenue, Suite 400, Woodland Hills, CA, submitted a memorandum dated
March 17, 1995, concerning the reimbursement of legal fees incurred
in the case of pryke vs. City of San Bernardino.
City Attorney Penman, speaking from the podium, stated that he
has obtained the services of Ms. Barbara Kallins, Attorney at Law,
to represent him in this matter.
Barbara Kallins, Attorney at Law, eXplained the costs
associated with contesting the accusations made by Council Member
Hernandez at the State Bar. She stated that Government Code
Sections 995 and 996 require a governmental agency to represent an
employee during the course of employment. Consequently, City
Attorney Penman is seeking reimbursement of the legal fees incurred
in the case of Pryke vs. City of San Bernardino.
SPECIAL COUNSEL TIMOTHY SABO ARRIVED
At 10:41 a.m., Special Counsel Timothy Sabo arrived at the
Council meeting.
Timothy Sabo, Sabo & Green, Attorneys at Law, 6320 Canoga
Avenue, Suite 400, Woodland Hills, CA, stated that Attorney Charles
Green has advised that City Attorney Penman be reimbursed for legal
expenses incurred in the case of pryke vs. City of San Bernardino
and answered questions regarding the appropriateness of refunding
City employees for allegations of misconduct.
A discussion was held concerning the actions taken in the
matter of pryke vs. City of San Bernardino.
Attorney Sabo explained that he was not aware that the matter
of reimbursement of legal fees for contesting the accusations made
by Council Member Hernandez was on the agenda and stated that he
could not provide a recommendation because he was not aware of the
circumstances.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council approve the
payment of legal fees incurred by the City Attorney in the case of
Pryke vs. city of San Bernardino and sexual harassment allegations
in the amount of $4,729.02, and that the matter of payment of legal
fees, in the amount of $2,182.58, incurred by the City Attorney to
contest accusations made by Ralph Hernandez at the State Bar be
continued to give Attorney Sabo's office an opportunity to review
the matters raised. (Note: There was no date specified and no
vote taken.)
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-,--....-... -.'
Discussion ensued regarding the appropriateness of having the
City pay for the defense of allegations brought against a City
employee and not acting in an official capacity.
Council Member Pope-Ludlam made a substitute motion, seconded
by Council Member Miller, that the Mayor and Common Council approve
the payment of legal fees incurred by the City Attorney in the case
of pryke vs. City of San Bernardino and sexual harassment
allegations in the amount of $4,729.02; and that the matter of
payment of legal fees, in the amount of $2,182.58, incurred by the
City Attorney to contest accusations made by Ralph Hernandez at the
State Bar be referred to the Ways & Means Committee or the
Legislative Review Committee. (Note: There was no date specified
and no vote taken.)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the
matter being sent to a committee.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the matter (Items 28A and 28B) be continued to
April 17, 1995, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
The motion failed by the following vote: Ayes:
Members Negrete, Curlin, Hernandez. Nays: Council
Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: None.
Council
Members
Discussion continued regarding the appropriateness of
the City pay for the defense of allegations brought against
employee and not acting in an official capacity.
having
a City
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council approve the
payment of legal fees incurred by the City Attorney in the case of
Pryke vs. City of San Bernardino and sexual harassment allegations
in the amount of $4,729.02, and that the matter of payment of legal
fees, in the amount of $2,182.58, incurred by the City Attorney to
contest accusations made by Ralph Hernandez at the State Bar be
continued to April 17, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California, to give Special
Counsel Sabo time to review the matters raised.
The motion carried by the following vote: Ayes:
Members Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
Members Negrete, Curlin, Hernandez. Al)sent: None.
Council
Council
WAIVE FEES PERRIS HILL PARK PISTOL RANGE
ORIENTED SHOOTING SPORTS FAIR - JUNE 3, 1995 -
PISTOL TEAM - $320
YOUTH-
CALSO ELKS
(S5)
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Mayor Minor submitted a Staff Report dated March 15, 1995,
concerning a request from Calso Elks pistol Team for a waiver of
fees for use of the Perris Hill Park Pistol Range.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the waiver of fees in
the amount of $320 for use of perris Hill Park Pistol Range for a
youth-oriented sports fair on June 3, 1995, from 1:30 p.m. to 3:30
p. m., sponsored by the Calso Elks Pistol Team pursuant to the
requirements outlined in the Staff Report from Mayor Minor dated
March 15, 1995, be approved.
RECESS MEETING
At 11:22 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:29 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor, Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Senior
Assistant City Attorney Barlow; Economic Development Agency Special
Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development
Agency Administrator Timothy Steinhaus. Absent: Council Member
Miller.
COMMUNITY DEVELOPMENT COMMISSION- SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:29 a.m., Chairman Minor called the joint regular meeting
of the Community Development Commission and San Bernardino Joint
Powers Financing Authority to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE APPLICATION TO THE UNITED STATES DEPARTMENT
OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION TO AMEND
A GRANT TO FINANCE STREET IMPROVEMENTS AND CONSTRUCTION
OF A PARKING LOT ON NORTON AIR FORCE BASE. (R5)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
COUNCIL MEMBER MILLER RETURNED
At 11:35 a.m., Council Member Miller
meeting and took her place at the council
returned to the Council
table.
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WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R1)
Jeff Wright,
opposition to the
ordinances.
P. O. Box 2341, San Bernardino, CA, expressed
waiving of the full reading of resolutions and
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular agenda be waived.
RES. 95-60 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
AMENDMENT NO. ONE TO ESCROW TRUST AGREEMENT IN CONNECTION
WITH THE $18,840,000 CITY OF SAN BERNARDINO, CALIFORNIA,
SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS (GNMA
MORTGAGE-BACKED SECURITIES) SERIES 1990A. (R3)
Council Member Curlin made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-60 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING
At 12:19 p.m., the regular meeting
Development Commission/San Bernardino Joint
Authority and Mayor and Common Council recessed
the Council Chambers of City Hall, 300 North
Bernardino, California.
of the Community
Powers Financing
to 2: 00 p. m., in
liD" Street, San
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 in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller, Deputy
City Attorney Empeno, City Clerk Rachel Clark; Planning & Building
Services Director Boughey. Absent: None.
INITIATE DEVELOPMENT CODE AMENDMENT - PERMIT BILLBOARDS
CITYWIDE - CONTINUED FROM MARCH 6, 1995 (40)
This is the time and place continued to consider a Development
Code Amendment to permit billboards citywide.
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Al Boughey, Director of Planning & Building services, provided
a synopsis of the action taken relative to the City initiating a
Development Code Amendment to permit billboards citywide.
Council Member
Member Oberhelman,
tabled.
Pope-Ludlam made a motion, seconded by Council
and unanimously carried, that the matter be
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 2:03 p.m., Planning & Building Services Director Boughey
left the Council meeting and was replaced by City Administrator
Shauna Clark.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Jeff Wright,
opposition to the
and ordinances.
P. O. Box 2341, San Bernardino, CA, expressed
waiving of the full reading of the resolutions
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:04 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that full reading of
the resolutions and ordinances on the regular, supplemental and
addendum to the supplemental agenda be waived.
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. (See Related Item No. AS1, Page 27)
(6)
Council Member Oberhelman made
Member Hernandez, and unanimously
tabled.
a motion,
carried,
seconded by Council
that the matter be
CHANGE POSITION TITLE - SUPERINTENDENT OF SANITATION (U)
TO SOLID WASTE MANAGER (U) - PUBLIC SERVICES DEPARTMENT
(7)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated March 9, 1995, concerning a request from the Public
Services Department to change the position title of Superintendent
of Sanitation to Solid Waste Manager.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the position title of
Superintendent of Sanitation (U) be changed to Solid Waste Manager
(U), in the Public Services Department.
14
3/20/95
''-
RES. 95-61 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA OIL
RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991
CHAPTER 817) FOR THE FOLLOWING PROJECT: CURBSIDE USED
OIL COLLECTION AND RECYCLING PROGRAM PROVIDING OIL
COLLECTION CONTAINERS FOR RESIDENTS AND PROMOTING PROGRAM
THROUGH EXTENSIVE EDUCATIONAL CAMPAIGNS. (8)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-61 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
CLAIMS AND PAYROLL
(9)
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 March 14, 1995, from the Director of Finance be approved.
PERSONNEL ACTIONS
(10)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated March 9, 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. (Note: Council Member Hernandez abstained on
Personnel Action Item No. Six.)
RES. 95-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE
WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL,
RELATING TO THAT CERTAIN REAL PROPERTY SITUATED EAST OF
MT. VERNON AVENUE ON THE NORTH SIDE OF NINTH STREET AND
COMMONLY KNOWN AS 1244 WEST NINTH STREET. (11)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-62 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Miller. Nays: Council Member pope-Ludlam. Absent: None.
RES. 95-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE
WITH GUADALUPE CHILD DEVELOPMENT CENTER, RELATING TO THAT
CERTAIN REAL PROPERTY SITUATED AT 1633 WEST FIFTH STREET,
IN SAN BERNARDINO. (12)
15
3/20/95
___n__n~___--n______--n______-______T______________
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-63 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
CLOSURE OF MORGAN ROAD AT LITTLE MOUNTAIN DRIVE - APPROVE
PLAN NO. 9273 AUTHORIZE ADVERTISEMENT FOR BIDS
APPROVE ALLOCATION INCREASE (13)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated March 7, 1995, and a memorandum
dated March 17, 1995, respectively, concerning the closure of
Morgan Road at Little Mountain Drive.
Mike Hays, Assistant Director of Planning & Building Services,
submitted a memorandum dated March 17, 1995, concerning the closure
of Morgan Road at Little Mountain Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the amount authorized from Account No. 250-370-
5504-1942, for the closure of Morgan Road at Little Mountain Drive,
be increased from $33,500 to $38,500 to finance the additional cost
for installation of a sliding wrought iron gate for emergency
access, that Plan No. 9273 be approved, and that the Director of
Public Works/City Engineer be authorized to advertise for bids.
(Note: The vote was taken after discussion.)
Concern was expressed regarding the costs associated with the
street closure.
Director Hardgrave explained that the street closure would
eliminate traffic problems in the area and answered questions
relative to such.
A discussion was held regarding the possibility of local-
resident participation to help defray the cost to the City.
Council Member Curlin made a substitute motion, seconded by
Council Member Hernandez, that the amount authorized from Account
No. 250-370-5504-1942, for the closure of Morgan Road at Little
Mountain Drive be increased from $33,500 to $38,500 to finance the
additional cost for installation of a sliding wrought iron gate for
emergency access, that Plan No. 9273 be approved, that the Director
of Public Works/City Engineer be authorized to advertise for bids,
and pursue the possibility of local-resident participation to help
defray the cost to the City.
Council Member Curlin withdrew his substitute motion.
The substitute motion failed.
16
3/20/95
- -,--
The original motion made by Council Member Oberhelman,
seconded by Council Member Miller, carried by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: Council Member Hernandez. Absent: None.
ITEM DELETED
(14)
AMEND GRANT NO. 07-49-02680 - STREET & WATER FACILITY
IMPROVEMENTS - SAN BERNARDINO INTERNATIONAL AIRPORT -
AUTHORIZE APPLICATION FOR FEDERAL ASSISTANCE - UNITED
STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT
ADMINISTRATION FUNDS (15)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated March 9, 1995, concerning an
amendment to Grant No. 07-49-02680 from the United States
Department of Commerce Economic Development Administration.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that authorization be
granted to file an application for federal assistance to amend
Grant No. 07-49-02680, to increase the amount of the United States
Department of Commerce Economic Development Administration funds
from $6,825,000 to $9,383,660, to provide 75 percent of the cost
for improving the access roads and parking lot for the terminal for
the San Bernardino International Airport.
RES. 95-64 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO J.E.G. CONSTRUCTION COMPANY, INC.
FOR STREET WIDENING IMPROVEMENTS ON MILL STREET, FROM
PEPPER AVENUE TO MERIDIAN AVENUE. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-64 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO SMOKING. (Continued from January 23, 1995)
First (18)
Council Member Negrete made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be tabled.
1993/94 WATER, SEWER & GEOTHERMAL FUNDS ANNUAL AUDIT
REPORT - WATER DEPARTMENT - RECEIVE AND FILE - CONTINUED
FROM MARCH 6, 1995 - DISCUSSED LATER IN THE MEETING - SEE
PAGE 28 (19)
17
3/20/95
--r----~.---.-
This is the time and place continued to receive and file the
Water Department's 1993/94 Water, Sewer and Geothermal Funds annual
audit report.
Council Member Oberhelman made a motion, seconded
Member Negrete, and unanimously carried, that the
continued to April 17, 1995, in the Council Chambers of
300 North "D" Street, San Bernardino, California.
by Council
matter be
City Hall,
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE
GRANT DEED FOR THE SALE OF THAT CERTAIN PROPERTY LOCATED
AT 1350 SOUTH "E" STREET IN THE CITY OF SAN BERNARDINO,
TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT.
(Continued from March 6, 1995) (Discussed later in the
meeting) (See Page 24) (20)
Council Member Hernandez made a motion, seconded
Member Negrete, that said resolution be adopted. (Note:
no vote taken and the motion was subsequently amended.)
by Council
There was
Roger Hardgrave, Director of Public Works/City
answered questions concerning the water rights.
Engineer,
Council Member Hernandez amended his motion, seconded by
Council Member Negrete, that said resolution be adopted, and that
if another well is built, water could not be sold for profit.
(Note: There was no vote taken.)
Director Hardgraye explained that the water rights were not
negotiated during the sale of said property.
Council Member Curlin made a substitute motion, seconded by
Council Member Hernandez, and unanimously carried, that the matter
be continued to later in the meeting, provided Mr. Milligan is
available. If not, that the matter be continued to April 3, 1995,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RES. 95-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
FOR AN EASEMENT WITH CASA RAMONA INC., AND RAMONA SENIOR
COMPLEX, INC. FOR CONSTRUCTION AND FUTURE MAINTENANCE OF
A STORM DRAIN ACROSS THE RESPECTIVE PROPERTIES LOCATED
BETWEEN 7TH STREET AND 8TH STREET AT WESTERN AVENUE.
(Continued from March 6, 1995) (21)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-65 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
18
3/20/95
RES. 95-66 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING
RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT
NO. 24, GENERALLY LOCATED ALONG PORTIONS OF NORTON WAY
NORTH OF "B" STREET AND PORTIONS OF TIPPECANOE AVENUE
BETWEEN 3RD STREET AND CENTRAL AVENUE IN THE CITY OF SAN
BERNARDINO. (Continued from March 6, 1995) (22)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Director of
Public Works/City Engineer and City Clerk be authorized to proceed
with the establishment of Underground Utility District No. 24,
generally located along portions of Ncrton Way within the former
Norton Air Force Base and along portions of Tippecanoe Avenue
between 3rd Street and Central Avenue, and that said resolution be
adopted.
The motion carried and Resolution No. 95-66 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
WAIVE FEE - $ 200 STREET BANNER INSTALLATION - 1995 FOR
LOVE OF LIFE TELETHON - MAY 20, 1995 - SAINT BERNARDINE'S
MEDICAL CENTER FOUNDATION CONTINUED FROM MARCH 6,
1995 (23)
This is the time and place continued to
Bernardine's Medical Center Foundation's request
the street banner installation fee of $200 for the
Life Telethon on May 20, 1995.
consider Saint
for a waiver of
1995 For Love of
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the request for a
waiver of the street banner installation fee for the 1995 For Love
of Life Telethon to be held on May 20, 1995, sponsored by Saint
Bernardine's Medical Center Foundation, be approved.
ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
2.34.030 (G) OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE REVIEW OF THE CALIFORNIA HIGHWAY PATROL
TOWING CHARGE RATE SCHEDULE BY THE POLICE COMMISSION, AND
AMENDING SECTION 5.76.230 OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES
AND FARES AND DELETING TOW CARRIERS THEREFROM, AND
AMENDING SECTION 5.76.490B OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD
OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM.
(Continued from March 6, 1995) First (24A)
19
3/20/95
T--------------
RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING
RESOLUTION NO. 82 -179 RELATING TO FIXING AND ESTABLISHING
RATES OF TOWING AND STORAGE SERVICES BY TOWING VEHICLES.
(Continued from March 6, 1995) (24B)
A discussion ensued regarding the legislative actions
currently in progress by the State relative to the regulation of
towing companies.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the matter be continued to May 1, 1995, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (Note: There was no vote taken.)
Council Member Oberhelman withdrew his motion.
The motion failed.
It was requested that the City Attorney's research findings be
provided to the legislative body prior to approval.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued to the first Legislative Review Committee meeting in May
1995, and that the matter be brought back to the Mayor and Common
Council on May 15, 1995, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RECESS MEETING
At 2:52 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3:00 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 Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Senior
Assistant City Attorney Barlow, Economic Development Agency Counsel
Timothy Sabo, City Clerk Rachel Clark, Economic Development Agency
Administrator Timothy steinhaus. Absent: Council Member Miller.
COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 3:00 p.m., Chairman Minor called the joint regular meeting
of the Community Development Commission and San Bernardino Joint
Powers Financing Authority to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
20
3/20/95
,----- -...---.-
RES. 95-67 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AGREEING TO
PARTICIPATE IN THE LOCAL AGENCY MILITARY BASE RECOVERY
AREA - ENTERPRISE ZONE. (R6B)
City Clerk Rachel Clark read the title of the resolution.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution. No. 95-67 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
COUNCIL MEMBER MILLER RETURNED
At 3:02 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
PUBLIC HEARING - SALE OF REDEVELOPMENT AGENCY PROPERTY TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (R9)
This is the time and place set for a public hearing to approve
the sale of certain Redevelopment Agency property to the San
Bernardino City Unified School District.
Fred Wilson, Assistant City Administrator, submitted
Report dated March 14, 1995, concerning the sale of
Redevelopment Agency property to the San Bernardino City
School District.
a Staff
certain
Unified
Mayor Minor opened the hearing.
Assistant City Administrator Wilson provided a synopsis of the
action taken relative to the restructuring of the Verdemont Mello
Roos Assessment District No. 995 and answered questions relative to
such.
special Counsel Sabo explained that the property does not fall
within the Verdemont Mello Roos Assessment District.
RES. 95-68 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
SALE OF CERTAIN PROPERTY. (R9A)
Council Member Negrete made a motion, seconded by Council
Member Miller, and unanimously carried, that the hearing be closed.
Council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
21
3/20/95
Resolution. No. 95-68 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-69 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THAT
CERTAIN LEASE IN AN AMOUNT NOT TO EXCEED $6,300,000 IN
CONNECTION WITH THE SALE AND DELIVERY OF CERTIFICATES OF
PARTICIPATION, APPROVING THE FORM OF LEGAL DOCUMENTS
RELATED THERETO AND AUTHORIZING AND DIRECTING
PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF. (RJ.OA)
RES. J-24 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING THE SALE AND DELIVERY OF
NOT TO EXCEED $6,300,000 CERTIFICATES OF PARTICIPATION ON
BEHALF OF THE CITY OF SAN BERNARDINO, APPROVING THE FORM
OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND
DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE
FINAL FORMS THEREOF. (RJ.OB)
Council Member Oberhelman made a motion, seconded
Member Pope-Ludlam, that said resolutions be adopted.
vote was taken after discussion.)
by Council
(Note: The
Timothy Steinhaus, Agency Administrator, Economic Development
Agency, answered questions regarding the purpose of issuing bonds
in excess of the estimated construction amount.
Concern was expressed relative to the final costs of
construction and the repayment and life of the bonds.
Resolution Nos. 95-69 and J-24 were adopted by the following
vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent:
None.
RES. 95-70 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND
AUTHORIZING THE EXTENSION OF MATURITY OF ITS "INDUSTRIAL
DEVELOPMENT REVENUE BONDS SERIES 1983A (INLAND PLAZA
PROJECT), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$225,000 TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS,
SERIES 1995A" AND APPROVING THE EXECUTION OF DOCUMENTS IN
CONNECTION THEREWITH. (R11)
Barbara Lindseth, Acting
Economic Development Agency,
taken relative to the Inland
refinancing.
Director, Development Department,
provided a synopsis of the action
Plaza industrial development bond
22
3/20/95
.--,---------------. -
Council Member Pope-Ludlam made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-70 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-71 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
CERTAIN SECOND ADDENDUM TO JOINT DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, THE CITY OF SAN BERNARDINO, AND CFB
INVESTMENTS, LTD. (Rl2A)
Adam Eliason, Housing Specialist, Economic Development Agency,
explained the New Pine Development Project and answered questions
relative to the waiver of fees.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the matter be continued to April 3, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (Note: There was no vote taken.)
Council Member Curlin withdrew his second.
The motion failed for lack of a second.
Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, stated that
there are outstanding issues in connection with the New Pine
Development Project and requested that the matter be continued for
two weeks.
David Willis, CFB Investments, Ltd., 245 Fisher Avenue, Suite
D-3, Costa Mesa, CA, answered questions regarding the New pine
Development Project.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 95-71 was adopted by the following vote: Ayes:
Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller.
Nays: Council Members Curlin, Oberhelman. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO 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.
23
3/20/95
RES. 95-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING THE GRANT DEED FOR THE SALE OF THAT CERTAIN
PROPERTY LOCATED AT 1350 SOUTH "E" STREET IN THE CITY OF
SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT. (Continued from March 6, 1995)
(Discussed earlier in the meeting) (See Page 18) (20)
Pat Milligan, San Bernardino Valley Municipal Water District,
1350 South "E" Street, San Bernardino, CA, explained that the San
Bernardino Valley Municipal Water District is not interested in the
water rights for the property located at 1350 South "E" Street and
would like the clause deleted from the grant deed in order to
obtain a clear title.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution
Council Members
Miller. Nays:
No. 95-72 was adopted by the following vote: Ayes:
Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam,
Council Member Oberhelman. Absent: None.
PUBLIC HEARING - COURTESY AMBULANCE RATE INCREASE (S4)
This is the
consider a rate
Ambulance.
time and place set for a public hearing to
increase for services provided by Courtesy
Council Member Pope-Ludlam submitted a memorandum dated March
16, 1995, concerning the proposed Courtesy Ambulance rate increase.
Dennis Barlow, Senior Assistant City Attorney, submitted a
memorandum dated March 17, 1995, concerning the notice of public
hearing for the proposed Courtesy Ambulance rate increase.
Rachel Clark, City Clerk, submitted a memorandum dated March
20, 1995, concerning the request to consider a rate increase for
services provided by Courtesy Ambulance.
Lee Gagnon, Business Registration Supervisor, City Clerk's
Office, submitted a memorandum dated March 20, 1995, concerning the
proposed ambulance rate increase.
Mayor Minor opened the hearing.
Skip Kulikoff, San Bernardino Firefighter, expressed concern
regarding the urgency for the action taken to approve the proposed
increase for services provided by Courtesy Ambulance.
City Attorney Penman explained that the San Bernardino
Municipal Code does not outline how a hearing should be noticed,
therefore, the advertisement in The Sun's Sunday newspaper dated
March 19, 1995 is sufficient.
24
3/20/95
---,-------~-
Richard Lewis, San Bernardino Firefighter, 5328 Park Lane, San
Bernardino, CA, expressed concern that ample notice of the public
hearing for the proposed ambulance rate increase was not provided
to the public.
City Clerk Rachel Clark provided a synopsis of the action
taken relative to the request by Courtesy Ambulance for an increase
in ambulance rates.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 82-328, AS AMENDED
BY RESOLUTION NO. 85-67 AND RESOLUTION NO. 87-282,
ENTITLED IN PART, "RESOLUTION... FIXING AND ESTABLISHING
RATES OF MEDICAL TRANSPORTATION CARRIERS OPERATING WITHIN
THE CITY OF SAN BERNARDINO. (54)
City Clerk Rachel Clark read the t.itle of the resolution.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the matter be continued to April 3, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, to provide sufficient notice of the public
hearing.
Council Member Miller withdrew her second.
The motion failed for lack of a second.
Discussion ensued regarding the City's business relationship
with Courtesy Ambulance, the proposed increase to the ambulance
rates and the possibility of establishing an operating agreement
with Courtesy Ambulance.
Peggy Ducey, Assistant to the Cit.y Administrator, explained
that she made an attempt to meet with Mr. Rice, Owner of Courtesy
Ambulance; however, the item was agendized with no opportunity to
hold a meeting with Mr. Rice.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the matter be continued to April 3, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The
Members
Negrete,
Absent:
motion failed by the following vote: Ayes:
Oberhelman, Devlin, Miller. Nays: Council
Hernandez, Pope-Ludlam. Abstain: Council Member
None.
Council
Members
Curlin.
Doug Potter, 3520 North "G" Street, San Bernardino, CA,
expressed support for the proposed rate increase.
25
3/20/95
Discussion continued regarding
relationship with Courtesy Ambulance.
the
City's
business
Council Member Negrete made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council grant a
request on file in the City Clerk's Office by Courtesy Ambulance
for an increase in ambulance rates charged to the residents of the
City; and that any arrangements that can be worked out with the
City Administrator's Office and Courtesy Ambulance be done. (Note:
There was no vote taken.)
Steve Rice, Chief Executive Officer, Courtesy Ambulance, 388
West Seventh Street, San Bernardino, CA, submitted a report of the
proposed ambulance rate increase and explained that Courtesy
Ambulance is currently litigating a matter with the City and
requested that the City acknowledge that his response to questions
could not be used in the course of the litigation. Mr. Rice
answered questions regarding the proposed rate increase, Courtesy
Ambulance's mode of operation, the potential of entering into an
operating agreement, indigent care and medicare billing.
Council Member Pope-Ludlam made a substitute motion, seconded
by Council Member Negrete, that the hearing be closed.
The substitute motion carried by the following
Council Members Negrete, Curlin, Hernandez, Devlin,
Miller. Nays: Council Member Oberhelman. Absent:
vote: Ayes:
Pope-Ludlam,
None.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that the Mayor and Common Council grant a request
on file in the City Clerk's Office by Courtesy Ambulance for an
increase in ambulance rates charged to the residents of the City.
(Note: There was no vote taken.)
A discussion was held regarding the conditions of approval for
the proposed rate increase.
Council Member Pope-Ludlam made a substitute motion, seconded
by Council Member Negrete, that the Mayor and Common Council grant
a request on file in the City Clerk's Office by Courtesy Ambulance
for an increase in ambulance rates charged to the residents of the
City; and that said resolution be adopted and amended by
interlineation to include Resolution No. 89-406.
The substitute motion failed by the following vote: Ayes:
Council Members Negrete, Curlin, Pope-Ludlam. Nays: Council
Members Oberhelman, Devlin, Miller. Abstain: Council Member
Hernandez. Absent: None.
There was no further action taken on this item.
26
3/20/95
-.-,---.--.. ----.-
RECESS MEETING
At 6:56 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 7:02 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 Negrete,
Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City
Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: Council Members Curlin, Pope-Ludlam.
PUBLIC HEARING - IMPOSE
- UNCOLLECTED BUSINESS
ITEM NO. SIX - PAGE 14
LIENS - PROPERTY WITHIN THE CITY
REGISTRATION FEES - SEE RELATED
(ASl)
This is the time and place set for a public
consider the imposition of liens on property located
City for uncollected business registration fees.
hearing to
within the
Rachel Clark, City Clerk, submitted a Staff Report dated March
1, 1995, and a memorandum dated March 20, 1995, respectively,
concerning the placement of liens for uncollected business
registration fees.
Mayor Minor opened the hearing.
RES. 95-73 - 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. (ASl)
Council Member Hernandez made a motion,
Member Oberhelman, and unanimously carried,
closed.
seconded by Council
that the hearing be
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted and amended to
delete the following properties: 1182 E. 36th Street, 2756
Victoria Street, 1231 Birch Street, 2140 N. Arden Avenue, 1301
Turill Avenue and 4645 N. Sierra Way.
Resolution No. 95-73 was adopted by the following vote: Ayes:
Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller.
Nays: None. Absent: Council Members Curlin, Pope-Ludlam.
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1993/94 WATER, SEWER & GEOTHERMAL FUNDS ANNUAL AUDIT
REPORT - WATER DEPARTMENT - RECEIVE AND FILE - CONTINUED
FROM MARCH 6, 1995 - DISCUSSED EARLIER IN THE MEETING -
SEE PAGE 17 (19)
This is the time and place continued to receive and file the
Water Department's 1993/94 Water, Sewer and Geothermal Funds annual
audit report.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that the Water Department 1993/94 Water, Sewer
and Geothermal Funds Annual Audit report, be received and filed.
(Note: There was no vote taken.)
It was noted that
earlier in the meeting, a
to be approved.
in light of the previous action taken
motion to reconsider the item would need
It was the consensus of the Mayor and Council that the
previous action taken not be reconsidered.
There was no further action taken on this item.
COUNCIL MEMBER CURLIN RETURNED
At 7:04 p.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
RES. 95-74 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, APPROVING A PURCHASE AND
SALE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND WEST SAN BERNARDINO COUNTY WATER DISTRICT.
(Continued from March 6, 1995) (25)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-74 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Pope-Ludlam.
RES. 95-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO USE
LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC.,
RELATING TO EXTENDING THE TERM OF SAID LEASE AND REMOVING
THE TERMINATION CLAUSE FROM A PORTION OF THE LEASE
PROPERTY. (Continued from March 6, 1995) (26)
Council Member Negrete made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Bernie Kersey, General Manager, Water Department, answered
questions regarding the lease with J.G. Golfing Enterprises, Inc.
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Resolution No. 95-75 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Pope-Ludlam.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE OFFICE OF THE CITY ADMINISTRATOR AND
REPEALING MC-839. (Continued from March 6, 1995)
First (27)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the matter be continued to April 3, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (Note: There was no vote taken.)
Council Member Hernandez made a substitute motion, seconded by
Council Member Miller, that said ordinance be laid over for final
adoption. (Note: There was no vote taken.)
Discussion ensued regarding the previous action taken with
respect to the Office of the City Administrator.
Council Member Curlin made a motion, seconded by Council
Member Hernandez, that the matter be continued to April 17, 1995,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California; and that City Attorney Penman be directed
to provide the judge's decision of the legality of the City
Attorney's opinion relative to the City Administrator's authority.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays:
Council Member Miller. Absent: Council Member Pope-Ludlam.
PUBLIC MEETING - ASSESSMENT DISTRICT NO. 981 -
& RANDALL AREA - BOUNDARY EXPANSION - CONFIRM
PROCEEDINGS
MERIDIAN
COSTS OF
(31)
This is the time and place set for a public meeting for the
expansion of Assessment District No. 981, Meridian & Randall area.
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated March 7, 1995, concerning the
expansion of Assessment District No. 981, Meridian & Randall area.
Mayor Minor opened the meeting.
Council Member Miller made a motion, seconded by Council
Member Curlin, and unanimously carried, that the public meeting for
the expansion of Assessment District No. 981 be closed; and that
the public comments or protests, if any, be held over and that the
matter be continued until the public hearing, set for April 3, 1995
at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D"
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Street, San Bernardino, California.
RES. 95-76 - RESOLUTION OF THE
AUTHORIZING THE EXECUTION OF
AGREEMENT FOR ANIMAL CONTROL.
CITY OF SAN
A MUTUAL
BERNARDINO
ASSISTANCE
(32)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-76 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Pope-Ludlam.
AUDIT OF SERVICE USERS TAX UTILITY USERS
AUTHORIZE SUBPOENAS FOR UTILITY COMPANY RECORDS
TAX
(33)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated March 9, 1995, concerning authorizing the execution of
subpoenas for production of business records relative to an audit
of the utility users tax.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor be
authorized to execute said subpoenas for the production of business
records for the Mayor and Common Council meeting of May 1, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, for the following utility companies:
Southern California Gas, Southern California Edison, Pacific Bell
and General Telephone for the purpose of conducting an audit of
service users taxes (utility users tax) .
WAIVE FEES $172.78 PERSONNEL & EQUIPMENT
MOTORCYCLE STREET FAIR FUND RAISER - APRIL 15,
SPONSORED BY DALE'S MODERN CYCLES TO BENEFIT THE
SEAL SOCIETY
COSTS
1995 -
EASTER
(34)
Shauna Clark, City Administrator, submitted a Staff Report
dated March 13, 1995, concerning a request for a waiver of fees for
personnel and equipment costs associated with the motorcycle street
fair fund raiser sponsored by Dale's Modern Cycles to benefit the
Easter Seal Society.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the request by the
Easter Seal Society for a waiver of fees in the amount of $172.78
for personnel and equipment costs in connection with the April 15,
1995, motorcycle street fair fund raiser sponsored by Dale's Modern
Cycles to benefit the Easter Seals Society be approved.
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RES. 95-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER IN THE AMOUNT OF $10,462.50 TO
THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF 9 CENTRA-
COM II CRT CONSOLES FOR APRIL, MAY AND JUNE OF 1995.
(35A)
RES. 95-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER IN THE AMOUNT OF $11,250.00 TO
THE COUNTY OF SAN BERNARDINO FOR THE MAINTENANCE OF 300
STX GEMINI PORTABLE RADIOS AND 325 SPECTRA MOBILE RADIOS,
FOR THE LAST THREE MONTHS OF THE 94/95 FISCAL YEAR. (35B)
RES. 95-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER IN THE AMOUNT OF $8,880.00 TO
THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE
CITY'S 800 MHZ BACKBONE RADIO EQUIPMENT, INCLUDING MOSCAD
HOST AND REMOTE STATIONS, PRIME AND REMOTE SITE
CONTROLLERS, MSF 5000 REPEATERS AND SUPPORTING EQUIPMENT.
(35C)
RES. 95-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER IN THE &~OUNT OF $16,956.00 TO
THE COUNTY OF SAN BERNARDINO FOR LEASE OF 10 FULL HEIGHT
RACKS AND 42 CIRCUITS FOR THE FINAL THREE MONTHS OF
FISCAL YEAR 94/95. (35D)
RES. 95-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER IN THE AMOUNT OF $46,749.00 TO
MOTOROLA, INCORPORATED FOR THE PURCHASE OF SINGLE CHANNEL
REPEATERS AND SUPPORTING EQUIPMENT AND THE CANCELLATION
OF PURCHASE ORDER NUMBER 006280 TO TX/RX SYSTEMS WITH A
DOLLAR VALUE OF $46,749.00. (35E)
Council Member Hernandez made a motion, seconded by Council
Member Curlin, approving Items 35A-D subject to Risk Management and
the City Attorney finalizing language on the indemnification
provision with the County of San Bernardino; and that said
resolutions be adopted.
The motion carried and Resolution Nos. 95-77, 95-78, 95-79,
95-80 and 95-81 were adopted by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller.
Nays: None. Absent: Council Member Pope-Ludlam.
WAIVE FEES - $691 - SAN BERNARDINO-ROXAS SISTER CITY
COMMITTEE - USE OF STURGES AUDITORIUM - MAY 13, 1995
(36)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated March 1, 1995, concerning
a request by the San Bernardino-Roxas Sister City Committee for a
waiver of fees for use of the Sturges Auditorium on May 13, 1995.
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Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the request to waive
fees for rental of Sturges Auditorium by the San Bernardino-Roxas
Sister City Committee in the amount of $691 be approved.
WAIVE FEES - $580 - CAMP FIRE BOYS & GIRLS CLUB - FUN RUN
FUND RAISER - USE OF SECCOMBE LAKE PARK - MAY 20, 1995
(37)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated March 7, 1995, concerning
a request by the Camp Fire Boys & Girls Club for a waiver of fees
for use of Seccombe Lake Park for a Fun Run Fund Raiser to be held
on May 20, 1995.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the request to
waive fees for use of the Seccombe Lake Park by the Camp Fire Boys
& Girls Club in the amount of $580 be approved.
RES. 95-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY
EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO
REPRESENTED BY SAN BERNARDINO POLICE OFFICERS'
ASSOCIATION (SBPOA). (38)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-82 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays:
Council Member Hernandez. Absent: Council Member Pope-Ludlam.
AN ORDINANCE OF THE CITY
SECTIONS 8.24.181,8.24.182,
AND 8.24.186 TO THE SAN
RELATING TO THE DISPOSAL OF
OF SAN BERNARDINO ADDING
8.24.183,8.24.184,8.24.185
BERNARDINO MUNICIPAL CODE
SCRAP TIRES.
First (39)
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that said ordinance be
laid over for final adoption.
RES. 95-83 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
SAN BERNARDINO AND THE LAW FIRM OF MUNDELL, ODLUM & HAWS.
(Continued from March 6, 1995) (29)
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
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Resolution No. 95-83 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Miller. Nays: None. Absent: Council Member Pope-Ludlam.
CONTRACT CHANGE ORDER NO. EIGHT - MATICH CORPORATION -
IMPROVEMENTS TO TIPPECANOE AVENUE, "c" STREET & DEL ROSA
DRIVE PLAN NO. 9053 $147,840 FROM UNITED STATES
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION & INLAND VALLEY DEVELOPMENT AGENCY (30)
Roger Hardgrave, Director of
submitted a Staff Report dated
improvements to Tippecanoe Avenue,
Public Works/City Engineer,
March 7, 1995, concerning
"C" Street and Del Rosa Drive.
City Attorney Penman declared a conflict of interest in this
matter, and stated that questions can be addressed to Timothy Sabo,
Economic Development Agency Special Counsel.
Council Member Miller made a motion, seconded by Council
Member Negrete, that Change Order No. Eight to the contract with
Matich Corporation, for the construction of street improvements on
Tippecanoe Avenue, "c" Street (Sheppard Boulevard) and Del Rosa
Drive, in accordance with Plan No. 9053 be approved, to provide for
the installation of additional GTE conduits and structures, the
installation of 12" water mainline taps, additional repairs to the
existing street light system, relocation of existing utilities that
are in conflict with the installation of new utilities, relocation
of the existing guard shack and additional landscaping electrical
services, at an increase to the contract price of $147,840,
increasing contract price from $4,741,038.78 to $4,888,878.78.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays:
Council Member Hernandez. Absent: Council Member Pope-Ludlam.
APPROVE EXPENDITURE - RIALTO AVENUE GRADE CROSSING, WEST
OF MT. VERNON AVENUE $13,000 - RUBBERIZED CROSSING
MATERIALS (52)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated March 13, 1995, concerning the
approval of an additional expenditure of $13,000 for rubberized
crossing materials for the Rialto Avenue grade crossing.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the amount
authorized for improvement of the Rialto Avenue grade crossing,
west of Mt. Vernon Avenue, under Account No. 250-670-57477, be
increased from $30,000 to $37,400 to provide sufficient funds to
finance the additional payment of $13,000 to Santa Fe Railway Co.,
for installation of rubberized crossing materials in lieu of timber
planks.
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ADJOURNMENT (41)
At 7:30 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, April 3, 1995, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
No. of Items:
55
No. of Hours:
9.75
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