HomeMy WebLinkAbout08-07-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
AUGUST 7, 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 8:05
a.m., Monday, August 7, 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, Devlin, Miller; City Attorney Penman; City Clerk
Rachel Clark; City Administrator Shauna Clark. Absent: Council
Members Oberhelman, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION - REFERENCED LATER IN THE
MEETING - SEE PAGES 22 AND 23 (1)
At 8:06 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):
John Lee Bell vs. D. Keil. G. Napier, City of San
Bernardino, et al - United States District Court Case No.
CV 95-4231 WDK (JGx);
Samaan vs. City of San Bernardino, et al - United States
District Court Case No. CV 93-0448 RAP (RMCx);
Filson vs. City of San Bernardino
Superior Court Case No. SCV 20733.
San Bernardino
B. Conference with legal counsel - anticipated litigation:
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9: two cases.
CLOSED SESSION
At 8:06 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.
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8/7/95
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Devlin, Miller; City Attorney Penman; City Clerk
Rachel Clark; City Administrator Shauna Clark. Absent: Council
Members Oberhelman, Pope-Ludlam.
Also present: Senior Assistant City Attorney Murillo, 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 and
addendum to the supplemental agenda of the Mayor and Common Council
and Community Development Commission/San Bernardino Joint Powers
Financing Authority agendas while the Council was in closed
session.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:19 a.m., Council Member Pope-Ludlam arrived at the closed
session.
COUNCIL MEMBER OBERHELMAN ARRIVED
At 8:21 a.m., Council Member Oberhelman arrived at the closed
session.
ADJOURN CLOSED SESSION
At 8:32 a.m., the closed session
the Council Chambers of City Hall,
Bernardino, California.
adjourned to 9:00 a.m., in
300 North "D" Street, San
RECONVENE MEETING
At 9:03 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; City Administrator Shauna Clark. Absent:
Council Members Negrete, Pope-Ludlam.
INVOCATION
The invocation was given by Father Barnabas Laubach, Saint
Bernardine's Medical Center.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Curlin.
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APPOINTMENT - WALTER SCHUILING - PLANNING COMMISSION -
COUNCIL MEMBER MILLER (2)
Mayor Minor submitted a Staff Report dated August 1, 1995,
recommending the appointment of Walter Schuiling, 3577 Lugo, San
Bernardino, CA 92404, to the Planning Commission, as requested by
Council Member Miller.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Walter Schuiling to the Planning Commission, as requested by
Council Member Miller, be approved.
COMMENDATION - WESTERN REGIONAL LcTTLE LEAGUE (2A)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending the directors and volunteers of the Western
Regional Little League for their dedication to the youth of the
City. She announced that the little league tournament would be
held August 10 through 18, 1995.
Carl Magee, Little League Director, accepted the commendation
and expressed appreciation for the City's support.
ANNOUNCEMENT - COUNCIL MEMBER CUR~IN
(3)
Council Member Curlin expressed concern regarding the criminal
acts of violence within the City, the inconsistencies of the rules
of conduct for the meetings of the Mayor and Common Council and
expressed condolences to the family of William Crump.
COUNCIL MEMBER
At 9:10 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pcpe-Ludlam returned
took her place at the council table.
to
the
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3A)
Council Member Hernandez
citizens willing to take control
in the reduction of crime.
expressed appreciation for the
over their neighborhoods to assist
ANNOUNCEMENT - COUNCIL MEMBER MILLER
(3B)
Council Member Miller expressed concern regarding elderly
citizens who are unable to maintain their properties and stated
that individuals requiring assistance can call the Volunteer
Coordinator, Mayor's Office, at 384-5203.
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8/7 /95
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(3C)
City Clerk Rachel Clark stated that August 10, 1995, 5:30
p.m., is the deadline to return nomination papers for the following
elected offices: Third, Fifth, Sixth and Seventh Ward Council
Members; City Attorney, City Clerk and City Treasurer.
ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3D)
City Administrator Shauna Clark provided an update on the
strategic plan to reduce crime within the City.
ANNOUNCEMENT - MAYOR MINOR
(3E)
Mayor Minor stated that
attended the All American Soap
which 256 cities participated.
honored with the Phoenix Award.
he and his wife, Virginia, had
Box Races held in Akron, Ohio, at
The City of San Bernardino was
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3F)
Council Member Pope-Ludlam commended Council Members
Oberhelman and Devlin and Mrs. Virginia Minor for their dedication
to the soap box races.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3G)
Council Member Oberhelman stated that Sean Gillespie, resident
of the City, was honored at the All American Soap Box Races held in
Akron, Ohio, with the Innovative Race Car Design Award.
PUBLIC COMMENTS - SKIP KULIKOFF
(4)
Skip Kulikoff, President, San Bernardino/Rialto Fire Fighters
Local 891, 371 W. 14th Street, San Bernardino, CA, expressed
concern regarding the effect the fiscal year 1995/96 budget
reductions would have on promotions and inquired if a hiring freeze
currently exists.
Mayor Minor stated that there is no hiring freeze and
promotions would not be affected.
PUBLIC COMMENTS - RUBEN LOPEZ
(4A)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed
the need for campaign reform and urged the citizens to sign the
petitions which are being circulated statewide.
COUNCIL MEMBER NEGRETE RETURNED
At 9:26 a.m., Council Member Negrete
meeting and took his place at the council
returned to the Council
table.
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PUBLIC COMMENTS - BRIAN GLAUDEL
(4B)
Brian Glaudel, 216 E. Baseline, San Bernardino, CA, stated he
had previously used the property at 216 E. Baseline as an
automobile wholesale dealership; however, he relocated his business
and the City has changed its zoning requirements. Since the
property has been abandoned for more than 180 days, he can no
longer utilize the property as a car lot. Mr. Glaudel requested
that the Mayor and Council consider his appeal to rezone the
property to allow the property to be used as an automobile
wholesale dealership.
Mayor Minor referred Mr. Glaudel to Mike Hays, Assistant
Director of Planning & Building Services.
PUBLIC COMMENTS - DAVID ASHLEY
(4C)
David Ashley, 375 S. "G" Street, San Bernardino, CA, stated
that he had received a $400 bill from the Police Department in
response to a false alarm. Mr. Ashley contends that pursuant to
San Bernardino Municipal Code Section 8.81.170, the Finance
Department is the authorized collection entity and the Police
Department is not authorized to bill or collect any fine. He
expressed concern regarding due process and whether or not the
assessment should be imposed as a fine.
Mayor Minor requested that City Attorney Penman research the
statements made by Mr. Ashley.
PUBLIC COMMENTS - JEFF WRIGHT
(4D)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to the rules of conduct imposed on the public at the
meetings of the Mayor and Common Council.
RES. 95-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (9)
A discussion was held concerning the placement of liens on
properties owned by governmental agencies and the lien process.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the
placement of liens.
COUNCIL MEMBER
At 9: 41 a. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
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8/7 /95
Council Member Hernandez made a notion, seconded by Council
Member Negrete, that full reading of the resolution be waived; and
that said resolution be adopted.
The motion carried and Resolution
the following vote: Ayes: Council
Hernandez, Oberhelman, Devlin, Miller.
Council Member Pope-Ludlam.
No. 95-270 was adopted by
Members Negrete, Curlin,
Nays: None. Absent:
ORD. MC-949 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 15.04.081 OF THE SAN BERNARDINO
MUNICIPAL CODE MODIFYING THE PLAN REVIEW FEE CHARGED FOR
DEVELOPMENTS UTILIZING MODEL PLANS AND ALSO MODIFYING THE
ADDITIONAL PLAN REVIEW FEE CHARGE~ FOR EXPEDITIOUS PLAN
REVIEW REQUESTED BY AN APPLICANT. Final (12)
Discussion ensued regarding the potential impact the adoption
of said ordinance would have on the fiscal year 1995/96 budget.
COUNCIL MEMBER
At 9:44 a.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, seconded by Council
Member Oberhelman, that full reading of the ordinance be waived;
and that said ordinance be adopted.
The motion carried and Ordinance No. MC-949 was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
COUNCIL MEMBER HERNANDEZ EXCUSED
At 9: 47 a. m., Council Member Hernandez left the Council
meeting.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that full reading of the
resolutions and ordinances on the regular, supplemental and
addendum to the supplemental agenda of the Mayor and Common Council
be waived.
COUNCIL MINUTES
(6)
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: May
15, 1995; June 19, 1995.
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RES. 95-271 - 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) (7)
City Clerk
properties should
4653 N. Sepulveda
Rachel Clark announced
be deleted from Exhibit
and 2055 Sunrise Lane.
that the following
A of said resolution:
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the following properties be deleted from
Exhibit A: 4653 N. Sepulveda and 2055 Sunrise Lane; and that said
resolution be adopted.
The motion carried and Resolution No. 95-271 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Hernandez.
RES. 95-272 RESOLUTION AUTHORIZING THE DIRECTOR OF
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES
PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM
FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION
PROGRAM. (8)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-272 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Hernandez.
CLAIMS AND PAYROLL
(10)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated August 1, 1995, from the Director of Finance be
approved.
PERSONNEL ACTIONS
(11)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated July 27, 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.
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8/7 /95
COUNCIL MEMBER HERNANDEZ RETURNED
At 9:51 a.m., Council Member Hernandez returned to the Council
meeting and took his place at the council table.
APPROVE PLAN NO. 9332 - AUTHORIZE ADVERTISEMENT FOR BIDS
INSTALL SECURITY FENCING - TIPPECANOE AVENUE - MILL
STREET TO HARRY SHEPPARD DRIVE - FORMER NORTON AIR FORCE
BASE (13)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 25, 1995, concerning the
installation of a security fence along Tippecanoe Avenue, from Mill
Street to Harry Sheppard Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the plans for
installation of a security fence along Tippecanoe Avenue, from Mill
Street to Harry Sheppard Drive, in accordance with Plan No. 9332,
be approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
RES. 95-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CHANGING THE NAMES OF 4TH STREET TO OTTO GERICKE DRIVE;
"H" STREET TO 2ND STREET; "E" STREET TO RIAL TO AVENUE;
"D" STREET TO ENTERPRISE DRIVE; "B" STREET TO GEORGE
WEBSTER DRIVE; AND CENTRAL AVENUE TO PALM MEADOWS DRIVE;
AT NORTON AIR FORCE BASE, AND WITHIN THE CORPORATE LIMITS
OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE
OF ADOPTION OF THIS RESOLUTION. (14)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-273 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-274 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR THE 1991-02
IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT
ACT OF 1911 AND CHAPTER 12.92 OF THE SAN BERNARDINO
MUNICIPAL CODE. (15)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-274 was adopted by the following vote:
Ayes: Council Members Negrete, Curlln, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
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8/7/95
RES. 95-275 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR THE 1990-03
IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT
ACT OF 1911 AND CHAPTER 12.92 OF THE SAN BERNARDINO
MUNICIPAL CODE. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-275 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBER
At 9: 57 a. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET,
NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO.
(17A)
RES. 95-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON
ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN
BERNARDINO. (17B)
RES. 95-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 971, FIRE STATION CONSTRUCTION REIMBURSEMENT
DISTRICT IN THE TRI-CITY AREA. (17C)
RES. 95-279 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR
DISTRICT NO. 973, INSTALLATION OF TRAFFIC
UNIVERSITY PARKWAY AND HALLMARK PARKWAY.
BERNARDINO
ASSESSMENT
SIGNALS AT
(17D)
RES. 95-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995-96 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1004, SIGNALIZATION DISTRICT, COMMERCENTER
EAST AREA. (17E)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 95-276, 95-277, 95-278, 95-279 and 95-280 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None.
Absent: Council Member Pope-Ludlam.
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8/7 /95
RES. 95-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO CALIFORNIA PAVEMENT MAINTENANCE
COMPANY, INC. FOR PAVEMENT REHABILITATION BY SLURRY SEAL
METHODS AT VARIOUS LOCATIONS. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-281 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
CHANGE ORDER NO. 13 - MATICH CORPORATION - COMPENSATE
CONTRACTOR RECONSTRUCT EIGHT ADDITIONAL MANHOLES
HARRY SHEPPARD BOULEVARD & DEL ROSA AVENUE - REMOVE &
REPLACE CURB & GUTTER - INTERSECTION OF MILL STREET &
TIPPECANOE AVENUE - $25,493.22 (22)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 25, 1995, concerning Change
Order No. 13 to reimburse Matich Corporation for additional work
performed to reconstruct eight additional manholes on Harry
Sheppard Boulevard and Del Rosa Avenue and to remove and replace
curb and gutter at the intersection of Mill Street and Tippecanoe
Avenue.
City Attorney Penman declared a conflict of interest due to
the fact that Matich Corporation had made a contribution to his
campaign.
A discussion was held regarding the bid process and subsequent
change orders which may result throughout the completion of a
contract.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:01 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
Director Hardgrave answered questions regarding the
difficulties which arose throughout the completion of the contract
for the construction of street improvements on Tippecanoe Avenue,
"C" Street and Del Rosa Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that Change Order No. 13 to the contract with Matich
Corporation, for the construction of street improvements on
Tippecanoe Avenue, "C" Street and Del Rosa Drive, in accordance
with Plan No. 9053, be authorized; to compensate the contractor for
the additional work performed in the reconstruction of eight
existing sewer manholes located on Harry Sheppard Boulevard and Del
Rosa Avenue, and the removal and replacement of curb and gutter at
the intersection of Mill Street and Tippecanoe Avenue due to design
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8/7/95
problems, for a net increase in the contract price of $25,493.22
from $4,948,834.29 to $4,974,327.51.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
PUBLIC HEARING IMPOSE LIENS REAL
UNCOLLECTED BUSINESS REGISTRATION FEES
PROPERTY
(19)
This is the time and place set for
consider imposing liens on real property
uncollected business registration fees.
a public hearing
within the City
to
for
Rachel Clark, City Clerk, submitted a
19, 1995, concerning the imposition of
business registration fees.
Staff Report dated July
liens for uncollected
Mayor Minor opened the hearing.
RES. 95-282 - 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. (19)
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the hearing be closed.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Nays: Council Member Pope-Ludlam. Absent: None.
Council
Miller.
City Clerk Rachel Clark announced that the following
properties should be deleted from Exhibit A of said resolution:
2241 E. 20th Street, 106 W. 33rd Street and 235 S. Lenore Avenue.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that Exhibit A be amended to delete the
following properties: 2241 E. 20th Street, 106 W. 33rd Street and
235 S. Lenore Avenue; and that said resolution be adopted.
The motion carried and Resolution No. 95-282 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-
Ludlam. Absent: None.
PUBLIC HEARING CONFIRM 1995/96 ASSESSMENT
ASSESSMENT DISTRICT NO. 947 CENTRAL CITY
DISTRICT
ROLLS
PARKING
(20)
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8/7 /95
This is
the 1995/96
Central City
the time and place
assessment rolls
Parking District.
set for a public hearing to confirm
for Assessment District No. 947,
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 19, 1995, concerning the
confirmation of the 1995/96 assessment rolls for the Central City
Parking District, Assessment District No. 947.
Mayor Minor opened the hearing.
RES. 95-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ACQUISITION
AND IMPROVEMENT, MAINTENANCE, SECURITY AND OPERATION
COSTS FOR THE CENTRAL CITY PARKING DISTRICT NO. 947.
(20A)
RES. 95-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR THE EXPANSION
OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT NO.
947. (20B)
Council Member Miller declared a possible conflict of
interest due to the fact that she owns property at Sixth Street and
Arrowhead Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the public hearing relative to the confirmation
of the 1995/96 assessment rolls for the Central City Parking
District be closed, and protests, if any, be overruled.
The
Members
Ludlam.
None.
motion carried by the following vote: Ayes:
Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Nays: None. Abstain: Council Member Miller.
Council
Pope-
Absent:
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolutions be adopted.
Resolution Nos. 95-283 and 95-284 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain: Council
Member Miller. Absent: None.
PUBLIC HEARING CONFIRM COSTS
IMPROVEMENTS - CHAPTER 12.92 - APPROVE
ROLL
STREET WIDENING
1995/96 ASSESSMENT
(21)
This is the time and
the construction costs
widening improvements.
place set for a public hearing to confirm
associated with Chapter 12.92 street
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8/7/95
Roger
submitted a
confirmation
improvements.
Hardgrave, Director of
Staff Report dated July
of costs for Chapter
Public Works/Engineering,
19, 1995, concerning the
12.92 street widening
Mayor Minor opened the hearing.
RES. 95-285 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE REPORT ON THE COSTS FOR THE CONSTRUCTION
OF CHAPTER 12.92.035 STREET WIDENING IMPROVEMENTS IN
FRONT OF TWO PROPERTIES LOCATED IN THE CITY OF SAN
BERNARDINO, PLACING A LIEN THEREON, AND APPROVING THE
1995/96 ASSESSMENT ROLL. (21)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the public hearing
relative to the costs and proposed assessments for construction of
street widening improvements be closed; and the protests, if any,
be overruled; and that the assessments and the 1995/96 assessment
roll be approved.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-285 was adopted by the following vote:
Ayes: Council Members Negrete, Curl.in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
ALLOCATE SUPPLEMENTAL FUNDS - TRANSFER $19,000 - CITY'S
SHARE OF CO-OPERATIVE PROJECT - COUNTY OF SAN BERNARDINO
- CONSTRUCT BOX CULVERT ON FOOTHILL DRIVE AT LITTLE SAND
CREEK (23)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 17, 1995, concerning the
allocation of supplemental funds to cover the City's share of a co-
operati ve proj ect with the County of San Bernardino for the
construction of a box culvert on Foothill Drive at Little Sand
Creek.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the transfer of
$19,000 from Account No. 126-000-3405, "Unappropriated Reserve," to
Account No. 126-369-5504-7001, "Box Culvert - Foothill Drive at
Little Sand Creek," be approved.
RES. 95-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF THE
NORTH 32.5 FEET OF 29TH STREET LYING EAST OF THE VACATED
PORTION OF SAN GABRIEL STREET. (24)
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8/7 /95
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-286 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND
SETTING A FAIR MARKET VALUE AND SALES PRICE OF $1,900.00
AND AUTHORIZING AND DIRECTING THE EXECUTION OF A QUIT
CLAIM DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF-WAY
LOCATED NORTH OF 29TH STREET, BETWEEN PERSHING AVENUE AND
ARROWHEAD AVENUE, IN THE CITY OF SAN BERNARDINO, TO
DOUGLAS W. AND CARLA J. NEILL. (Discussed later in the
meeting) (See page 19) (25)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the fair market value of the excess property
located north of 29th Street, between Pershing Avenue and Arrowhead
Avenue, be set at $1,900; that the Mayor and City Clerk be directed
to execute a quit claim deed from the City of San Bernardino for
the excess property located north of 29th Street, between Pershing
and Arrowhead Avenues to Douglas W. and Carla J. Neill; and that
said resolution be adopted.
Concern was expressed regarding the value of the lot and
whether or not a home could be built on said lot.
Council Member Curlin made a substitute motion, seconded by
Council Member Hernandez, that the fair market value of the excess
property located north of 29th Street, between Pershing Avenue and
Arrowhead Avenue, be set at $1,900; that the Mayor and City Clerk
be directed to execute a quit claim deed from the City of San
Bernardino for the excess property located north of 29th Street,
between Pershing and Arrowhead Avenues to Douglas W. and Carla J.
Neill; and that said resolution be adopted with the stipulation
that no building would be allowed; and, if building is permitted,
that it be done through a merger with the adjacent lot.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Hernandez, that the fair market value of the
excess property located north of 29th Street, between Pershing
Avenue and Arrowhead Avenue, be set at $1,900; that the Mayor and
City Clerk be directed to execute a quit claim deed from the City
of San Bernardino for the excess property located north of 29th
Street, between Pershing and Arrowhead Avenues to Douglas W. and
Carla J. Neill; and that said resolution be adopted with the
stipulation that the parcel will be merged with the adjacent parcel
through a lot-line adjustment.
14
8/7 /95
Council Member Curlin made a substitute motion, seconded by
Council Member Hernandez, that the matter be continued to later in
the meeting.
It was the consensus of the Mayor and Council that the matter
be discussed later in the meeting.
RES. 95-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEW HOPE
MISSIONARY BAPTIST CHURCH RELATING TO TRAINING RELATED
WORK EXPERIENCE FOR STUDENTS. (26)
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-287 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR
THE FISCAL YEAR 1995-1996. (Continued from July 24,
1995) (27)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Concern was expressed relative to the revenue projections used
to balance the fiscal year 1995/96 budget. A discussion was held
regarding the need to monitor the projections and report the
results to the Ways and Means Committee.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Miller, that said resolution be adopted as
amended by interlineation; Page One, Section Two, to read, "That
the actions taken by the Mayor and Common Council at the August 7,
1995 Council Meeting is incorporated into and made a part of the
updated budget figures as provided in Attachment "A", consisting of
three pages."
The motion carried and Resolution No. 95-288 was adopted by
the following vote: Ayes: Council Members Negrete, Oberhelman,
Devlin, pope-Ludlam, Miller. Nays: Council Members Curlin,
Hernandez. Absent: None.
RECESS MEETING
At 10:55 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:06 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
15
8/7 /95
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, Pope-Ludlam, Miller; Senior
Assistant City Attorney Barlow and Special Counsel Timothy Sabo,
Economic Development Agency; City Clerk Rachel Clark; Economic
Development Agency Administrator Timothy Steinhaus. Absent:
Council Member Curlin.
COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:06 a.m., Chairman Minor called the joint regular meeting
of the Mayor and Common Council and Community Development
Commission/San Bernardino 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 (R3)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agenda
of the Mayor and Common Council and Community Development
Commission/San Bernardino Joint Powers Financing Authority, be
waived.
COUNCIL MEMBER CURLIN RETURNED
At 11:13 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
RES. 95-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR
INSTALLATION OF TWENTY-NINE ADDITIONAL STREET LIGHTS ON
BASE LINE STREET. (R5)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-289 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
SET PUBLIC HEARING 11:00 A.M., AUGUST 21, 1995
1995/96 MID-YEAR AMENDED CONSOLIDATED PLAN - COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS - CDBG FUNDS
(R6)
Barbara J. Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated August
1, 1995, concerning the date and time for a public hearing on the
16
8/7/95
1995/96 mid-year amended consolidated plan for use of community
development block grant funds.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that August 21, 1995, at
11:00 a.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, CA, be established as the date and time for
the 1995/96 mid-year amended consolidated plan public hearing to
address funding of additional community development block grant
projects.
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.
RECESS MEETING
At 12:18 p.m., the joint regular meeting of the Mayor and
Common Council and Community Development Commission/San Bernardino
Joint Powers Financing Authority recessed to 2:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 2:02 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; Deputy City Attorney Empeno;
City Clerk Rachel Clark; Planning & Building Services Director
Boughey. Absent: Council Members Curlin, Pope-Ludlam.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 95-01
CONDITIONAL USE PERMIT NO. 95-05 CHANGE LAND USE
DESIGNATION - COMMERCIAL NEIGHBORHOOD, CN, TO COMMERCIAL
HEAVY, CH, - ALLOW RECREATIONAL VEHICLE STORAGE FACILITY
- BASELINE STREET, WEST OF VICTORIA AVENUE - MR KYUNG T.
KIM (29)
This is the time and place set for a public hearing to
consider a change to the land use designation Commercial
Neighborhood, CN, to Commercial Heavy, CH, to allow a recreational
vehicle storage facility to be located at Baseline Street, west of
Victoria Avenue.
17
8/7/95
Al Boughey, Director of Planning & Building Services,
submitted a Staff Report dated July 10, 1995, regarding the
conditions imposed to allow a recreational vehicle storage facility
at Baseline Street, west of Victoria Avenue.
Mayor Minor opened the hearing.
Director Boughey provided a synopsis of the action taken
relative to General Plan Amendment No. 95-01 and Conditional Use
Permit No. 95-05 to allow a recreational vehicle storage facility
to be located at Baseline Street, west of Victoria Avenue.
Mary Bennecke inquired about the type of business and the
boundaries of the proposed land use designation.
RES. 95-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND ADOPTING GENERAL PLAN AMENDMENT NO. 95-01 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (29)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that the hearing be closed; and that the Mayor
and Common Council adopt the resolution which approves General Plan
Amendment No. 95-01, the negative declaration and Conditional Use
Permit No. 95-05, based on the findings of facts (Attachment D-2)
subject to the conditions of approval (Attachment E) and standard
requirements (Attachment F), within the Staff Report dated July 10,
1995, from Al Boughey, Director of Planning & Building Services.
The motion carried and
the following vote: Ayes:
Oberhelman, Devlin, Miller.
Curlin, Pope-Ludlam.
Resolution No. 95-290 was adopted by
Council Members Negrete, Hernandez,
Nays: None. Absent: Council Members
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 2:07 p.m., Al Boughey, Director of Planning & Building
Services, left the Council meeting and was replaced by City
Administrator Shauna Clark.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:07 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
COUNCIL MEMBER CURLIN RETURNED
At 2:07 p.m., Council Member Curlin
meeting and took his place at the council
returned to the Council
table.
18
8/7/95
RES. 95-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SALES
PRICE OF $1,900.00 AND AUTHORIZING AND DIRECTING THE
EXECUTION OF A QUIT CLAIM DEED CONVEYING THAT CERTAIN
SURPLUS RIGHT-OF-WAY LOCATED NORTH OF 29TH STREET,
BETWEEN PERSHING AVENUE AND ARROWHEAD AVENUE, IN THE CITY
OF SAN BERNARDINO, TO DOUGLAS W. AND CARLA J. NEILL.
(Discussed earlier in the meeting) (See page 14) (25)
Roger Hardgrave, Director of Public Works/Engineering,
explained that the adoption of said resolution could be contingent
upon a lot merger.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Hernandez, that the fair market value of the
excess property located north of 29th Street, between Pershing
Avenue and Arrowhead Avenue, be set at $1,900; that the Mayor and
City Clerk be directed to execute a quit claim deed from the City
of San Bernardino for the excess property located north of 29th
Street, between Pershing and Arrowhead Avenues to Douglas W. and
Carla J. Neill; and that said resolution be adopted with the
stipulation that the parcel will be merged with the adjacent parcel
through a lot-line adjustment.
The motion carried and Resolution
the following vote: Ayes: Council
Hernandez, Oberhelman, Devlin, Miller.
Council Member Pope-Ludlam.
No. 95-291 was adopted by
Members Negrete, Curlin,
Nays: None. Absent:
PRODUCE BUSINESS RECORDS - SERVICE USERS TAX (UTILITY
TAX) AUDIT - UTILITY COMPANIES - CONTINUED FROM MAY 1,
1995 (28)
This
companies
conducted
is the time and place continued for local utility
to produce their business records for an audit to be
on the service users tax (utility tax) .
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter of the
production of business records authorized by subpoena for the
following utility companies: Southern California Gas; Southern
California Edison; Pacific Bell; and General Telephone for the
purpose of conducting an audit of utility users taxes be continued
to the Mayor and Common Council meeting of September 18, 1995, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
FORM ACQUISITION ASSESSMENT DISTRICT - CONSTRUCTION OF
NEW PINE AVENUE BETWEEN KENDALL DRIVE & IRVINGTON
AVENUE - AUTHORIZATION TO PROCEED & CONFIRM SELECTION OF
CONSULTANTS (SI)
19
8/7/95
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated August 1, 1995, concerning the
formation of an acquisition assessment district for the
construction of a new section to pine Avenue, between Kendall Drive
and Irvington Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that authorization be granted to initiate the
proceedings for the formation of an acquisition assessment district
for new pine Avenue, between Kendall Drive and Irvington Avenue; to
advance from the Sewer Maintenance Fund $1,133,003, to finance the
construction costs; and confirm the selection by the property
owners of Brown, Diven and Hentscke as legal counsel and GFB -
Friedrich and Associates as assessment engineer.
COUNCIL MEMBER
At 2: 11 p. m. ,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
Director Hardgrave answered questions regarding the formation
of an acquisition assessment district for the construction of a new
section to Pine Avenue, between Kendall Drive and Irvington Avenue.
David Willis, CFB Investments, explained how they intended to
repay the City the proposed loan of $1,133,003.
Discussion ensued regarding the use of Sewer Maintenance
Funds.
Council Member Negrete made a substitute motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that
authorization be granted to initiate the proceedings for the
formation of an acquisition assessment district for new pine
Avenue, between Kendall Drive and Irvington Avenue; confirm the
selection by the property owners of Brown, Diven and Hentscke as
legal counsel and GFB Friedrich & Associates as assessment
engineer; that the assessments be paid off upon the sale of the 42
homes and the closing of escrow; and that the City Administrator be
directed to pursue alternate means of financing and bring back to
the Mayor and Council meeting of August 21, 1995, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RES. 95-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND
ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT
SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD
OF JULY 1, 1995 THROUGH JUNE 30, 1996. (S2)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
20
8/7 /95
Resolution No. 95-292 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE
SALARY OF THE MAYOR. (ASl)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED
CHARTER AMENDMENT RELATING TO THE SALARY OF THE MAYOR.
(AS2)
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE
SALARY OF THE MEMBERS OF THE COMMON COUNCIL. (AS3)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED
CHARTER AMENDMENT RELATING TO THE SALARY OF THE
COUNCIL. (AS4)
NOTE: The resolutions were not distributed with the
backup, and, therefore, will not be available for reference.
A discussion was held regarding the duties of the Common
Council and the proposed compensation for the Mayor and Common
Council.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that said resolutions be
tabled.
PERSONNEL ACTION - DONNA LINTERN - LEGAL SECRETARY I -
CITY ATTORNEY'S OFFICE (ASS)
Council Member pope-Ludlam made a motion, seconded by Council
Member Devlin, that the appointment of Donna Lintern, Legal
Secretary I (Range 3323 Step 2, $2334/month) to the City
Attorney's Office, effective August 8, 1995, be approved.
The motion carried by the following vote:
Members Negrete, Oberhelman, Devlin, Pope-Ludlam,
Council Member Hernandez. Abstain: Council
Absent: None.
Ayes: Council
Miller. Nays:
Member Curlin.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
WASTEWATER FACILITIES. First (AS6)
21
8/7/95
Council Member Negrete made a motion, seconded by Council
Member Hernandez, and unanimously carried, that said ordinance be
laid over for final adoption.
RECESS MEETING - CLOSED SESSION - REFERENCED EARLIER IN
THE MEETING - SEE PAGE 1 (1)
At 2:42 p.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):
John Lee Bell vs. D. Keil, G. Napier,
Bernardino, et al - United States District
CV 95-4231 WDK (JGx);
Ci ty of San
Court Case No.
Samaan vs. City of San Bernardino, et al - United States
District Court Case No. CV 93-0448 RAP (RMCx);
Filson vs. City of San Bernardino
Superior Court Case No. SCV 20733.
San Bernardino
B. Conference with legal counsel - anticipated litigation:
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9: two cases.
CLOSED SESSION
At 2:42 p.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 Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: None.
Also present: Senior Assistant City Attorney Murillo, Deputy
City Attorney Roth and Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office.
ADJOURN CLOSED SESSION
At 3:12 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council.
22
8/7 /95
RECONVENE MEETING
At 3:12 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; City
Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: None.
CLOSED SESSION ANNOUNCEMENT
(1)
City Attorney Penman announced that in closed session, the
Mayor and Council voted to file an interlocutory appeal with the
United States District Court of Appeals in the matter of Samaan vs.
City of San Bernardino, et al - United States District Court Case
No. CV 93-0448 RAP (RMCx).
ADJOURNMENT
At 3: 13 p. m., the regular meeting
Council adjourned to 2:00 p.m., Monday,
Council Chambers of City Hall, 300
Bernardino, California.
of the
August
North
(30)
Mayor and Common
14, 1995, in the
liD" Street, San
RACHEL CLARK
City Clerk
By -~;~~';;~1to~01 f-d
Oeputy City Clerk
No. of Items: 41
No. of Hours: 5
23
8/7/95