HomeMy WebLinkAbout11-06-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
NOVEMBER 6, 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 8:04
a.m., Monday, November 6, 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,
Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney
Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Curlin, Pope-Ludlam, Miller.
RECESS MEETING - CLOSED SESSION - REFERENCED LATER
MEETING - SEE PAGE 14
At 8:04 a.m., the Mayor
session for the following:
IN THE
(1)
and Common Council recessed to closed
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation -
pursuant to Government Code Section 54956.9(a):
Samaan vs. City of San Bernardino, et al - United States
District Court Case No. CV 93-0448 RAP (RMCx);
Sharon McGill. etc. vs. City of San Bernardino, et al -
Court of Appeals of California, Fourth Appellate District
Court Case No. EOl1830/San Bernardino Superior Court Case
No. SCV 229990;
Keith Cooper vs. City of San Bernardino Workers
Compensation Appeals Board Case No. (unassigned);
County of San Bernardino, et al vs. City of San
Bernardino. et al Court of Appeals of California,
Fourth Appellate District Court Case No. E012673/Superior
Court Case No. 224288.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9: one
casei
1
11/6/95
C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to Government Code
Section 54956.9(c):
D. Conference with labor negotiator - pursuant to Government
Code Section 54957.6:
1. Aqency Neqotiator:
Barbara Dillon, Personnel Director
Emoloyee Orqanizations:
San Bernardino Public Employees Association (SBPEA)
- General Unit and Middle-Management
2. Aqency Neqotiator:
Shauna Clark, City Administrator
Emoloyee Orqanizations:
San Bernardino Confidential Management Association
(SBCMA) - Management and Confidential Employees.
CLOSED SESSION
At 8:04 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney
Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Curlin, Pope-Ludlam, Miller.
Also present: Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular and supplemental
agendas of the Community Development Commission/San Bernardino
Joint Powers Financing Authority while the Council was in closed
session.
COUNCIL MEMBER CURLIN ARRIVED
At 8: 05 a. m., Council Member Curlin arrived at the closed
session.
2
11./6/95
ASSISTANT CITY ADMINISTRATOR WILSON & ATTORNEY LOUIS
SEAMAN ARRIVED
At 8:07 a.m., Assistant City Administrator Wilson and Attorney
Louis Seaman of Mark, Bolson, Kuntz & Serembe, 600 N. Arrowhead
Avenue, San Bernardino, CA, arrived at the closed session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO & ATTORNEY LOUIS
SEAMAN EXCUSED
At 8:10 a.m., Senior Assistant City Attorney Morillo and
Attorney Louis Seaman of Mark, Bolson, Kuntz & Serembe, 600 N.
Arrowhead Avenue, San Bernardino, CA, left the closed session.
SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED
At 8:10 a.m., Senior Deputy City Attorney Simmons arrived at
the closed session.
ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED
At 8:11 a.m., Assistant City Administrator Wilson left the
closed session.
ASSISTANT CITY ADMINISTRATOR WILSON RETURNED & PERSONNEL
DIRECTOR DILLON ARRIVED
At 8:20 a.m., Assistant City Administrator Wilson returned to
the closed session and Personnel Director Dillon arrived at the
closed session.
ADJOURN CLOSED SESSION
At 8:37 a.m., the closed session
Council Chambers of City Hall,
Bernardino, California.
adjourned to 9:00 a.m. in the
300 North "D" Street, San
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; Senior
Assistant City Attorney Barlow, City Clerk Rachel Clark, City
Administrator Shauna Clark. Absent: Council Member Miller.
INVOCATION
The invocation was given by Pastor Paul Reinhard of Calvary
Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Devlin.
3
11/6/95
APPOINTMENT - LENORE H. SCHON - COMMUNITY DEVELOPMENT
CITIZENS ADVISORY COMMISSION - COUNCIL MEMBER OBERHELMAN
(2)
Mayor Minor submitted a Staff Report dated October 26, 1995,
recommending the appointment of Lenore H. Schon, 147 Palmyra Drive,
San Bernardino, CA, to the Community Development Citizens Advisory
Commission, as requested by Council Member Oberhelman.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the appointment of
Lenore H. Schon to the Community Development Citizens Advisory
Commission, be approved.
Lenore H. Schon accepted her certificate of appointment to the
Community Development Citizens Advisory Commission.
APPOINTMENT - LUIS LOPEZ - BOARD OF POLICE COMMISSIONERS
- COUNCIL MEMBER CURLIN (S4)
Mayor Minor submitted a Staff Report dated
recommending the appointment of Luis Lopez, 323
San Bernardino, CA, to the Board of Police
requested by Council Member Curlin.
October 31, 1995,
West 1Bth Street,
Commissioners, as
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the appointment of
Luis Lopez to the Board of Police Commissioners, be approved.
Luis Lopez accepted his certificate of appointment to the
Board of Police Commissioners.
EMPLOYEE RECOGNITION AWARDS
(2A)
Les Fogassy, Senior Real Property Specialist, Public Works
Department, submitted a memorandum dated October 13, 1995,
concerning the Employee Recognition Award Selection Committee
winners for the employee recognition awards for the second quarter
of 1995. The following individuals were chosen in each of their
respective categories. All winners are entitled to a day off with
pay.
Management/Confidential
Mid-Management
Safety
General
Janet Mauren
Lynn Merrill
David Kreske
Barbara Cabrera
Facilities Management
Public Services
Fire
Library
Janet Mauren, Lynn Merrill, and Barbara Cabrera accepted their
awards.
4
11/6/95
ANNOUNCEMENT - COUNCIL MEMBER NEGRETE
(3)
Council Member Negrete thanked all individuals involved in the
effort to promote San Bernardino and invited everyone to attend the
noon rally scheduled for today on the steps of City Hall
celebrating "It's a Great Day in San Bernardino."
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3A)
Council Member Curlin commented on the tragic assassination of
Prime Minister Rabin of Israel and urged people not to succumb to
the messages of hate groups.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3B)
Council Member Hernandez voiced agreement with the
Council Members Negrete and Curlin, and urged people to
November 7 election.
comments of
vote in the
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3C)
Council Member Oberhelman thanked Phil Arvizo , Executive
Assistant to the Council; Donna Ward, Senior Secretary, Planning
and Building Services; and the Council Office staff for starting a
"great" weekend in San Bernardino with the Women of Achievement
Golf Tournament and thanked all who joi~ed together to present the
"It's a Great Day in San Bernardino" rally.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3D)
Council Member Devlin stated, "It really is a great day in San
Bernardino."
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3E)
Council
teachers and
affairs.
Member Pope-Ludlam
students involved
expressed appreciation for the
in the study of governmental
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(3F)
City Clerk Rachel Clark reminded people to vote on Tuesday,
November 7, stating that the polls would be open from 7:00 a.m. to
8:00 p.m., and if anyone needed help in locating their polling
location they could call the Office of the City Clerk at 384-5002
or the Registrar of Voters Office at 387-8300. She publicly
thanked Ken Joswiak at the Center for Individuals with Disabilities
and all the volunteers who put on the Harvest Faire this past
weekend.
5
11/6/95
ANNOUNCEMENT - MAYOR MINOR
(3G)
Mayor Minor requested a moment of silence in memory of Mario
Porras, a long-time city leader, who passed away over the weekend;
and announced that Council Member Miller, who is travelling in
China, had asked him to convey to her constituents her regret at
not being able to attend the rally and the fact that she was
travelling at her own expense.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 9:21 a.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
PUBLIC COMMENTS - LOUIS YEAGER
(4)
Louis Yeager, a school board member for the San Bernardino
City Unified School District, stated that students from the
following senior high schools were with him to observe first-hand
the workings of government: Cajon, Pacific, San Andreas, San
Bernardino, San Gorgonio, and Sierra.
PUBLIC COMMENTS - RUBEN LOPEZ
(4A)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, reminded
people to vote on November 7 and urged them to vote for Jim Penman
for City Attorney.
PUBLIC COMMENTS - LARRY SINGLETON (4B)
Larry Singleton, a resident of San Bernardino, made various
comments regarding the city.
PUBLIC COMMENTS - TERRY MOLL (4C)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, urged
people to get out and vote.
PUBLIC COMMENTS - BRIAN PLANT
(4D)
Brian Plant, 498 W. Court Street, San Bernardino, CA, spoke on
the mindsets, abuses, and violence, as he perceives them, within
the city.
PUBLIC COMMENTS - ROBERT REGO
(4E)
Robert Rego, 853-A Lynwood, San Bernardino, CA, spoke on the
privilege of voting and urged people to make their voices heard at
the ballot box on November 7.
6
11/6/95
PUBLIC COMMENTS - HANK PLOTKIN
(4F)
Hank Plotkin, representing the San
Commerce, stated, "It truly is a Great Day
outlined three objectives of the Chamber,
make San Bernardino more business friendly;
and 3) Change the image of San Bernardino.
Bernardino Chamber of
in San Bernardino", and
as follows: 1) Try to
2) Help clean up crime;
PUBLIC COMMENTS - RITA ARIAS
(4G)
Rita Arias, 2519 York Court, Sat; Bernardino, CA, reminded
voters to exercise their right to vote and thanked the voters in
the Third Ward for their support.
PUBLIC COMMENTS - JOHN KIRLEY
(4H)
John Kirley, 1170 N. Arrowhead, San Bernardino, CA, urged the
voters to vote against the incumbents running for City offices and
stated he was a certified candidate for City Treasurer.
PUBLIC COMMENTS - THIRD WARD RESIDENT
(41)
An unidentified resident of the Third Ward spoke in support of
Council Member Hernandez.
PUBLIC COMMENTS - JEFF WRIGHT
(4J)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, urged
registered voters to sign petitions currently being circulated
relative to safeguarding the public during the transport and
deposit of nuclear waste, and spoke regarding the effect
Proposition 62 might have on charter cities.
PUBLIC COMMENTS - BILL ROGERS
(4K)
Bill Rogers, a Third Ward resident, spoke in support of
Council Member Hernandez.
PUBLIC COMMENTS - MELISSA MASON
(4L)
Melissa Mason, a student at Sierra High School, spoke on the
importance of public comments and the attention they warrant from
the Council members.
PUBLIC COMMENTS - JOSIE HOLMAN
(4M)
Josie Holman, a student at San
she hoped the "It's a Great Day in
inspire pride in the community.
Gorgonio High School, stated
San Bernardino" rally would
7
11/6/95
PUBLIC COMMENTS - ALFRED EDWARDS
(4N)
Alfred Edwards, a student at San Bernardino High School,
stated that for the people, the problems remain the same; that it
can only be a "Great Day in San Bernardino" when things change for
the general public.
PUBLIC COMMENTS - BOBBY OQUENDO
(40)
Bobby Oquendo, 3094 N. Central, San Bernardino, CA, challenged
everyone to start today on a positive note and come to the rally
and make this a "Great Day in San Bernardino."
PUBLIC COMMENTS - SAM HERNANDEZ
(4P)
Sam Hernandez, a student at Cajon High School, stated that the
youth in the community who are trying to make a difference, need
the support of the Council.
PUBLIC COMMENTS - ALEXIS BEE
(4Q)
Alexis Bee, a student at Pacific High School, stated that
change must begin with the youth, as what they do now will have an
impact on the future.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Jeff Wright, P.O.
opposition to waiving
ordinances.
Box 2341, San
full reading
Bernardino, CA, expressed
of the resolutions and
Council Member Devlin made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council, be waived.
COUNCIL MEMBER HERNANDEZ EXCUSED
At 10:03 a.m., Council Member Hernandez left the Council
meeting.
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, 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:
September 18, 1995; September 20, 1995; September 25, 1.995.
ITEM DELETED
(7)
8
11/6/95
RES. 95-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES. (BUILDING ABATEMENTS) (8)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-373 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam. Nays: None. Absent: Council Members Hernandez, Miller.
CLAIMS AND PAYROLL
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the claims and payroll
and the authorization to issue warrants as listed on the memorandum
dated October 26, 1995, from the Director of Finance, be approved.
PERSONNEL ACTIONS
(10)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated October 19, 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.
RES. 95-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN
ACQUISITION/FINANCING AGREEMENT WITH PINE AND CONN I FER ,
L.P., A CALIFORNIA LIMITED PARTNERSHIP, RELATIVE TO THE
FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR THE
CONSTRUCTION OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE
AND IRVINGTON AVENUE. (ASSESSMENT DISTRICT NO. 1015)
(11)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-374 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam. Nays: None. Absent: Council Members Hernandez, Miller.
COUNCIL MEMBER HERNANDEZ RETURNED
At 10:10 a.m., Council Member Hernandez returned to the
Council meeting and took his place at the council table.
9
11/6/95
RES. 95-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
IMPROVEMENTS IN THE COULSTON STREET AREA, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1016,
ORDERING THE WORK, SETTING THE DATES OF A PUBLIC MEETING
AND A PUBLIC HEARING RELATIVE TO THE CONFIRMATION OF THE
ASSESSMENT ROLLS. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted.
Resolution No. 95-375 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, pope-Ludlam. Nays: None. Absent: Council Member Miller.
RES. 95-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE AMENDED 1993/94 CAPITAL IMPROVEMENT PROGRAM
FOR MEASURE "1" LOCAL EXPENDITURES. (13)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-376 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, pope-Ludlam. Nays: None. Absent: Council Member Miller.
RES. 95-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO IPS SERVICES, INC. FOR
CONSTRUCTION OF A CIRCULAR DRIVEWAY FOR TRW BUILDING
(#520) . (14)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-377 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller.
RES. 95-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEADERSHIP
SAN BERNARDINO RELATING TO FINANCIAL ASSISTANCE FROM THE
CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1995/96. (15A)
RES. 95-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN
BERNARDINO BLACK CULTURE FOUNDATION RELATING TO FINANCIAL
ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL
YEAR 1995/96. (15B)
10
11/6/95
RES. 95-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT WITH COPS FOR KIDS AT CHRISTMAS
TO FUND THEIR 1995 CHRISTMAS PARTY FOR FOSTER CHILDREN
FROM FY 1995/96 CIVIC AND PROMOTION FUNDS. (15C)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 95-378, 95-379, and 95-380 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council
Member Miller.
REQUEST FUNDING - RITES OF SPRING CONCERTS - BEGINNING
MAY 1996 - INDIAN SUMMER CONCERTS - BEGINNING AUGUST 1996
- CIVIC & PROMOTION FUND - $11,000 (15D)
Annie Ramos, Director of Parks, Recreation & Community
Services, submitted a Staff Report dated October 24, 1995,
requesting funds from the Civic and Promotion Fund in the amount of
$11,000 for the Rites of Spring and Indian Summer Concerts.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that the request for funds in the amount of
$11,000 for the Rites of Spring and the Indian Summer Concerts, be
approved from the Fiscal Year 1995/96 Civic and Promotion Fund.
RES. 95-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS
AND SERVICES BY THE CEMETERY OF SAID CITY, AND REPEALING
RESOLUTION NO. 94-91 AND ALL SUBSEQUENT AMENDMENTS
THERETO. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-381 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
REORGANIZATION
DEPARTMENT
RECORDS TRANSCR IPTION UNIT
POLICE
(1.7)
Barbara Dillon, Personnel Director, submitted a Staff Report
dated October 26, 1995, regarding the proposed reorganization of
the Police Department's Records Transcription Unit and coinciding
recommended personnel changes.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the part-time
position of Police Transcriber, at $10.00/hour, be established; and
that one (1) position of Administrative Analyst, Range 4380,
11
11/6/95
$2,954-$3,591/month, be established; and that one (1) vacant Police
Records Clerk II position, Range 1287, $1,858-$2, 258/month, be
deleted; and that one (1) vacant Police Records Clerk I position,
Range 1267, $1,681-$2,044/month, be deleted; and that one (1)
Account Clerk II position, Range 1267, $1,681-$2,044/month, be
upgraded to an Account Clerk III position, Range 1296, $1,943-
$2, 362/month; and that the Personnel Department be directed to
update Resolution No. 6413, Section 13, to reflect this particular
action.
PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (18)
This is the time and place set
consider imposing liens on real property
San Bernardino for uncollected business
for a public hearing to
located within the city of
registration fees.
City Clerk Rachel Clark submitted an updated Staff Report
requesting authorization to impose liens on parcels of property for
uncollected business registration fees.
City Clerk Rachel Clark submitted a memorandum dated November
1, 1995, requesting that certain properties be deleted from Exhibit
"A" of the resolution.
Mayor Minor opened the hearing.
City Clerk Rachel Clark stated that Exhibit "A" of the
resolution should be amended to delete the following addresses:
3037 N. Valencia Avenue, 2686 N. Belle Street, 3685 N. "E" Street,
and 2303 S. Artesia Street.
RES. 95-382 - 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. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that the hearing be closed; and that said
resolution be adopted, as amended by deleting the following
properties from Exhibit "A": 3037 N. Valencia Avenue, 2686 N.
Belle Street, 3685 N. "E" Street, and 2303 S. Artesia Street.
The motion carried, and Resolution No. 95-382 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam.
Absent: Council Member Miller.
PUBLIC HEARING - ESTABLISH FEES & CHARGES - COLLECTION,
PROCESSING & DISPOSAL OF WASTE TIRES (19)
12
11/6/95
This is the time
establish fees for the
waste tires.
and place set for a public hearing
collection, processing, and disposal
to
of
James Howell, Acting Director, Public Services Department,
submitted a Staff Report dated September 28, 1995, concerning the
number of waste tires generated throughout the city and the
establishment of monthly fees for the City's new commercial-used
and waste-tire collection service.
Mayor Minor opened the hearing.
RES. 95-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE
FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION,
PROCESSING AND DISPOSAL OF WASTE TIRES. (1.9)
Council Member Curlin
Member Negrete, that the
resolution be adopted.
made a
hearing
motion, seconded
be closed; and
by Council
that said
The motion carried, and Resolution No. 95-383 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent:
Council Member Miller.
APPROVE IN CONCEPT - REQUEST TO AFFIX STREET BANNERS TO
STREET LIGHT STANDARDS BASE LINE STREET, FROM "H"
STREET TO WATERMAN AVENUE - "E" STREET, FROM 9TH STREET
TO 13TH STREET - BASE LINE AREA BUSINESS ASSOCIATION
(20)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 18, 1995, regarding the
request from the Base Line Area Business Association to affix
street banners to the street light standards as part of the
improvements in the Base Line business area.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued. (Note: There was no date specified.)
APPROVE PLAN NO. 9390 - REPAIR DAMAGE - CENTRAL AVENUE
BRIDGE OVER EAST TWIN CREEK CHANNEL AUTHORIZE
ADVERTISEMENT FOR BIDS - TRANSFER FUNDS - $64,000 (21)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 18, 1995, regarding approval
of plans, transfer of funds, and authorization to advertise for
bids for repair of the Central Avenue bridge.
13
11/6/95
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the transfer of
$64,000, from Account No. 126-000-3405, "Undesignated Balance," to
Account No. 242-362-5504-7031, "Bridge Repair - Central Avenue," be
approved; and that the plans for repair of the Central Avenue
Bridge, over East Twin Creek Channel, in accordance with Plan No.
9390, be approved; and that the Director of Public Works/City
Engineer be authorized to advertise f02- bids.
APPROVE PLAN NO. 9383 - VACATE 8-FOOT BY 108-FOOT PUBLIC
WALKWAY - BETWEEN SIERRA WAY AND GENEVIEVE LANE, NORTH OF
44TH STREET - TRACT NO. 3410 - AUTHORITY TO PROCEED
(22)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 11, 1995, regarding a
request and petition from homeowners in Tract No. 3410 to vacate an
8-foot by 108-foot pedestrian walkway running westerly from Sierra
Way to Genevieve Lane, north of 44th Street.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Director of Public
Works/City Engineer and the City Clerk be authorized to proceed
with the vacation of an 8-foot by 108-foot public walkway lying
between Sierra Way and Genevieve Lane, north of 44th Street, as a
City-initiated action; and that Plan No. 9383 showing the vacation
of a public walkway, lying between Sierra Way and Genevieve Lane,
north of 44th Street, be approved.
APPROVE PLAN NO. 9359 OVERLAY PAVEMENT
COMPLEX - AUTHORIZE ADVERTISEMENT FOR BIDS
TRI-CITY
(23)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated October 16, 1995, regarding approval
of plans and advertisement for bids for placement of overlay
pavement within the Tri-City Complex.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the plans for
overlaying pavement within the Tri-City Complex, in accordance with
Plan No. 9359, be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for bids.
RES. 95-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE
REHABILITATION OF PAVEMENT ON Lym,OOD DRIVE. (24)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
14
11/6/95
Resolution No. 95-384 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
RES. 95-385 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.5 TO
RESOLUTION NO. 91-314 RELATING TO WAIVING OF DISABILITY
HEARINGS BEFORE THE CITY ADMINISTRATOR. (25)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-385 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller.
ORD. MC-951 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 8.93 TO THE SAN BERNARDINO MUNICIPAL CODE
PROHIBITING BICYCLES IN CERTAIN PUBLIC BUILDINGS.
Final (26)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said ordinance be adopted.
Ordinance No. MC-951 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam. Nays: None. Absent: Council Member Miller.
CLOSED SESSION - REFERENCED EARLIER IN THE MEETING - SEE
PAGE 1 (lD)
Mayor Minor stated that action relative to the Christmas
closure had been taken in closed session and asked City Clerk
Rachel Clark to read the following:
"Whereas, the Mayor and Common Council desire to open City
Hall to the public as soon as possible following the New Year's
holiday, it is recommended that the following motion be approved,
so that City Hall will open on January 2, 1996, instead of January
3, 1996."
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the Mayor and Common
Council approve trading the City-designated New Year's Day holiday
of January 2, 1996, for Thursday, December 28, 1995, for affected
employees working in City Hall and other participating departments;
and that affected employees be required to take off Wednesday,
December 27, 1995, using their own accrued leave.
Dennis Barlow, Senior Assistant City Attorney, stated that the
City Attorney's Office will remain open because the Federal Courts
are open.
15
11/6/95
RECESS MEETING
At 10:30 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:37 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, Pope-Ludlam; Senior Assistant City Attorney
Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Oberhelman, Devlin, Miller.
AUTHORIZE & DIRECT CITY ADMINISTRATOR & FIRE CHIEF TO
FINALIZE & IMPLEMENT EMERGENCY MEDICAL TRANSPORT
SERVICES PLAN - FIRE DEPARTMENT - DISCUSSED LATER IN THE
MEETING - SEE PAGE 1B (27)
Council Member Oberhelman submitted a Staff Report dated
October 24, 1995, recommending that the Council direct the City
Administrator and Fire Chief to finalize and implement a plan for
the City of San Bernardino Fire Department to provide emergency
medical transportation services to the citizens of San Bernardino.
The Council Office submitted a memorandum dated November 1,
1995, signed by Council Member Oberhelman, delineating past actions
taken by the Council since 1993 relative to the City providing
emergency medical transport services and the estimated costs and
revenues if such a plan is implemented.
Council Member
Member Pope-Ludlam,
tabled.
Hernandez made a motion,
and unanimously carried,
seconded by Council
that the matter be
COUNCIL MEMBERS OBERHELMAN & DEVLIN RETURN
At 10:39 a.m., Council Members Oberhelman and Devlin returned
to the Council meeting and took their places at the council table.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 9.90.010 BY ADDING SUBSECTION 10 REGARDING A
SECURITY GUARD PERSONNEL PROGRAM ON THE FORMER NORTON AIR
FORCE BASE PROPERTY. First (28)
Council Member Hernandez made
Member Pope-Ludlam, and unanimously
laid over for final adoption.
a motion, seconded by Council
carried, that said ordinance be
16
11/6/95
ORD. MC-952 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 9.90.010 BY ADDING SUBSECTION 10
REGARDING A SECURITY GUARD PERSONNEL PROGRAM ON THE
FORMER NORTON AIR FORCE BASE PROPERTY AND DECLARING THE
URGENCY THEREOF. Urqencv (29)
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said ordinance be adopted.
Ordinance No. MC- 952 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam. Nays: None. Absent: Council Member Miller.
ORD. MC-953 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 8.25 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO SCAVENGING OF RECYCLABLE MATERIALS.
Final (30)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said ordinance be adopted.
Ordinance No. MC-953 was adopted bj' the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin.
Nays: Council Member Pope-Ludlam. Absent: Council Member Miller.
RES. 95-386 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A WORKERS' COMPENSATION MANAGED CARE SERVICES
AGREEMENT BETWEEN BEECH STREET OF CALIFORNIA, INC., AND
THE CITY OF SAN BERNARDINO. (31)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-386 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
RES. 95-387 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT WITH AMERICAN CEMETERY/MORTUARY
CONSULTANTS, INC., TO REPRESENT THE CITY IN NEGOTIATIONS
FOR THE SALE OF PIONEER CEMETERY, A CITY-OWNED PROPERTY.
(Continued from October 16, 1995) (32)
Shauna Clark, City Administrator, explained that in the past
the General Fund has subsidized the cemetery and that two and one-
half years ago the Council directed staff to prepare the cemetery
for sale. This is the last step in that process. She pointed out
that the current trend is to operate a ~ortuary in conjunction with
the cemetery, whereby all arrangements can be made at one location.
Not only does the City lack this configuration, but public
cemeteries are no longer allowed to sell markers. These facts
17
11/6/95
greatly reduce the City's ability to be competitive in the cemetery
business.
Diane Roth, Deputy City Attorney, submitted a memorandum dated
October 11, 1995, which stated that there are significant legal
issues regarding the sale of the cemetery which the City Attorney's
Office needs to research prior to a decision being made on this
matter.
Discussion ensued relative to obtaining an appraisal, whether
there was a prospect i ve buyer, whether the cemetery would be
preserved as a cemetery if sold, and whether the Council would be
"locked in" if they approved this resolution.
The following individuals spoke in opposition to selling the
cemetery.
Jeff Wright, P.O. Box 2341, San Bernardino, CA.
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted; and that staff
be directed to proceed with the sale of the pioneer Memorial
Cemetery.
The motion carried, and Resolution No. 95-387 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin. Nays: Council Members Hernandez, Pope-Ludlam.
Absent: Council Member Miller.
AUTHORIZE & DIRECT CITY ADMINISTRATOR & FIRE CHIEF TO
FINALIZE & IMPLEMENT EMERGENCY-MEDICAL TRANSPORT
SERVICES PLAN - FIRE DEPARTMENT - DISCUSSED EARLIER IN
THE MEETING - SEE PAGE 16 (27)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Council reconsider the previous action
taken to table implementation of a City-owned, emergency-medical
transportation service because the basis for suspending the plan
for implementation was due to the pending Court of Appeals case,
which has now been resolved in favor of the City.
The motion failed by the following vote: Ayes:
Members Oberhelman, Devlin. Nays: Council Members
Hernandez, Pope-Ludlam. Abstain: Council Member Curlin.
Council Member Miller.
Council
Negrete,
Absent:
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 11:10 a.m., City Administrator Shauna Clark left the
Council meeting and was replaced by Economic Development Agency
Administrator Timothy Steinhaus.
18
11/6/95
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED
At 11:10 a.m., Economic Development Agency Special Counsel
Timothy Sabo arrived at the Council meeting.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:10 a.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority and Mayor and Common Council to order in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
NOTE: The items reflected within the Community Development
Commission portion of the minutes are those items which require
action by the Mayor and Common Council. Therefore, action taken
relative to Items R1, R2, R4, R6, R7, RB, R9, RIO, R11, R12, RS1,
and RS2 will not be annotated. Minutes of the action taken on
Community Development Commission items are prepared and distributed
separately by the Economic Development Agency.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3)
The following individuals spoke in opposition to waiving full
reading of the resolutions and ordinances.
Jeff Wright, P.O. Box 2341, San Bernardino, CA.
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority and Mayor and Common Council, be waived.
SET PUBLIC HEARING DECEMBER 4, 1995
ACTION PLAN - 1995-1999 CONSOLIDATED PLAN
SECOND YEAR
(R5)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated October 31, 1995, relative
to setting a public hearing for the Second Year Action Plan
Component of the 1995-1999 Consolidated Plan to hear community
needs for the 1996-97 Federal Funding Program Year.
Economic Development Agency Administrator Timothy Steinhaus
explained that full-page advertisements are published in the
newspaper on how to apply for these funds, followed by
approximately six months of public participation; and that the
public hearing is only the beginning of the process.
19
11/6/95
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Mayor and
Common Council set December 4, 1995, at 11:00 a.m., as the date and
time for the Second Year Action Plan component of the 1995-1999
Consolidated Plan public hearing to address community needs for the
1996-1997 program year for federal funding.
COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING
At this time, the Mayor and Common Council, acting as the
Community Development Commission, took action on Community
Development Commission items. Minutes of action taken by the
Community Development Commission are prepared and distributed
separately by the Economic Development Agency.
RECESS MEETING
At 11:54 a.m., Mayor Minor recessed the regular meeting of the
Mayor and Common Council to 2:00 p.m. in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:06 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; Deputy City
Attorney Empeno, City Clerk Rachel Clark, Director of Planning and
Building Services Boughey. Absent: Council Member Miller.
DEVELOPMENT CODE AMENDMENT NO. 94-07 - FENCE STANDARDS -
DISCUSS & DIRECT STAFF - ORDINANCE PREPARATION (34)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated October 19, 1995, regarding a City-
initiated proposal to amend the text of Development Code Chapter
19.20, Section 19.20.030(B) "Fences, Walls and Hedges" to add
several provisions to the fencing standards.
Director Boughey stated that staff would like Council's
direction on three basic items: 1) Whether to allow low-voltage
fencing for animals; 2) whether to allow six-foot-high open fencing
(not chain link) for single-family, estate-type lots; and 3)
whether to allow six-foot-high (maximum) open fencing (not chain
link) at the property line for multi-family developments of five or
more units with 100 feet of lineal street frontage.
Discussion ensued regarding low-voltage fencing, the
ramifications of making blanket rulings, and whether barbed wire
and/or concertina wire should be allowed for use in the city.
20
11/6/95
The following individuals opposed the proposed changes to the
fencing standards:
Keith Reno, 1400 Edgehill, #38, San Bernardino, CA.
Joe Martin, 1446 Citrus, San Bernardino, CA.
Edward Harding, 2995 N. Mountain Avenue, San Bernardino, CA.
No further action was taken on this matter.
DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 21. OFF-
SALE LIQUOR LICENSE - EXISTING THRIFTY PAYLESS 949
KENDALL DRIVE - REQUIRED BY STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (35)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated November 6, 1995, regarding a
determination that public convenience or necessity is served by
issuance of a Type 21 Alcohol License for the Thrifty payless
located at 949 Kendall Drive in San Bernardino.
Director Boughey stated that due to the concentration of
alcohol establishments in certain areas, the Department of
Alcoholic Beverage Control (ABC) requires that each city make the
determination that the license serves the public convenience or
necessity; that in 1995 the Mayor and Council elected to remain the
body that reviews and rules on requests for letters of public
convenience or necessity; and answered questions regarding the
City's requirements for selling alcoholic beverages.
Council Member Hernandez made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council determine that
public convenience or necessity is served by issuance of a Type 21
Alcohol License for the Thrifty payless at 949 Kendall Drive; and
that a letter indicating the determination be sent from the
Department of Planning and Building Services to the Department of
Alcoholic Beverage Control.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Devlin. Nays: Council Member
Oberhelman. Absent: Council Member Miller. (Note: Although
Council Member Pope-Ludlam was present, she did not register a
vote. )
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 3:04 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by Senior Assistant City Attorney Barlow.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED
At 3: 04 p. m., Economic Development Agency Special Counsel
Timothy Sabo returned to the Council meeting.
21
11/6/95
DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED
At 3: 04 p. m., Director of Planning and Building Services
Boughey left the Council meeting and was replaced by Economic
Development Agency Administrator Timothy Steinhaus.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 3:04 p.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority and Mayor and Common Council to order in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
At this time, the Mayor and Common Council, acting as the
Community Development Commission, took action on Community
Development Commission items. Minutes of the action taken on
Community Development Commission items are prepared and distributed
separately by the Economic Development Agency.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
EXCUSED
At 4:32 p.m., Economic Development Agency Administrator
Timothy Steinhaus left the Council meeting and was replaced by City
Administrator Shauna Clark.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED
At 4: 32 p. m., Economic Development Agency Special Counsel
Timothy Sabo left the Council meeting.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 4:33 p.m., Senior Assistant Cit.y Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
CODE ENFORCEMENT TIMELINES
COUNCIL MEMBER HERNANDEZ -
1995
DISCUSS & TAKE ACTION -
CONTINUED FROM OCTOBER 16,
(33)
This is the time and place continued to discuss and take
possible action regarding Code Enforcement timelines.
Council Member Hernandez made a motion that Council direct the
Economic Development Agency staff to adJust their budget to provide
funds for additional staff to reduce the current enforcement
timelines.
The motion failed for lack of a second.
Discussion ensued relative to using set-aside money for this
project and possible restrictions that may apply; and the fact that
the recruitment process could take as long as six months.
22
11/6/95
Mayor Minor stated that a workshop will be held in December to
prioritize bond money.
Council Member Hernandez made a motion that Council direct
staff Agency Administrator Timothy Steinhaus to look at the ways
they may be able to fund this program by using bond proceeds to
eradicate blight.
The motion failed for lack of a second.
City Administrator Shauna Clark reminded Council
Rental Housing Inspection Program would be coming up for
soon.
that the
refunding
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that the matter be continued until after the
bond prioritization workshop to be held in December 1995. (Note:
There was no date specified.)
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays:
Council Member Hernandez. Absent: Council Member Miller.
RES. 95-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A LEASE CONTRACT FOR THE CENTER FOR
INDIVIDUALS WITH DISABILITIES BETWEEN THE CITY OF SAN
BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE
AUTHORITY FOR THE HANDICAPPED AND TERMINATING ALL
PREVIOUS LEASE AGREEMENTS. (Sl)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-388 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
PLACE PUBLIC COMMENTS AT END OF AGENDA - OFF CAMERA -
DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER CURLIN
(S2)
Council Member Curlin submitted a Staff Report dated October
31, 1995, relative to hearing public comments at the end of the
Mayor and Common Council agenda and off camera.
City Administrator Shauna Clark submitted a memorandum dated
October 30, 1995, outlining the cost savings that would result from
hearing public comments off camera and at the end of the Mayor and
Common Council agenda.
23
11/6/95
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, that public comments be placed at the end of the
agenda and heard off camera.
The following individuals expressed opposition to moving
public comments to the end of the agenda:
Larry Singleton, a resident of San Bernardino.
Patricia Campbell, 1925 College, San Bernardino, CA.
Robert Rego, 853-A Lynwood, San Bernardino, CA, requested
continuance of the item and the formation of a task force to study
the problem and work with the people to resolve the matter.
Discussion ensued regarding how far the City can legally go in
restricting the public's right to speak, the savings that could be
realized if the public comments were heard later in the meeting and
off camera, the fact that other jurisdictions have many of the same
problems the City has, and the question of possible liability to
the City due to some of the public comments.
City Attorney Penman stated that the City is totally immune
from liability due to comments made by the public.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Pope-Ludlam, that the public comments portion of
the agenda remain on camera and take place at the end of the
meeting for a trial period of 90 days.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays:
Council Member Devlin. Absent: CounCIl Member Miller.
COUNCIL MEMBER
At 5: 13 p. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
COUNCIL MEMBER NEGRETE EXCUSED
At 5:14 p.m., Council Member Negrete left the Council meeting.
ALLOW CITY TO JOIN IN CLASS-ACTION SUITS AGAINST OWNERS
OF NEIGHBORING UNMAINTAINED PROPERTIES - AUTHORIZE CITY
ATTORNEY TO PREPARE ORDINANCE - COUNCIL MEMBER HERNANDEZ
(S3)
Council Member Hernandez submitted a Staff Report dated
October 31, 1995, regarding directing the City Attorney to prepare
an ordinance which would allow the City to join property owners who
file class-action suits against the owners of neighboring
unmaintained properties.
24
11/6/95
Discussion ensued regarding whether the City can legally enter
into class-action suits.
Council Member Hernandez made a motion that Council direct the
City Attorney to see if the City could find a way to join in class-
action suits with property owners who file against neighboring
unmaintained properties with a minimum cost to the City.
The motion failed for lack of a second.
Council Member Oberhelman made a motion,
Member Hernandez, and unanimously carried,
referred to the Legislative Review Committee
Council consideration on December 4, 1995.
seconded by Council
that the matter be
and brought back for
RES. 95-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SIERRA PACIFIC ELECTRICAL
CONTRACTING FOR INSTALLATION OF TRAFFIC SIGNALS AT
KENDALL DRIVE AND NEW PINE AVENUE. (S5)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution
Ayes: Council
Nays: None.
Miller.
No. 95-389 was
Members Curlin,
Absent: Council
adopted by the following vote:
Hernandez, Oberhelman, Devlin.
Members Negrete, Pope-Ludlam,
ANNOUNCEMENT - MAYOR MINOR
(3H)
Mayor Minor announced that Channe" 3 would be providing live
election coverage starting at 8:00 p.m. on December 7, 1995.
ADJOURNMENT (36)
At 5:18 p.m., the meeting was adjourned to 4:00 p.m., Monday,
November 13, 1995, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
By
RACHEL CLARK
C C~k ~
Linda Hart~
Deputy City Clerk
No. of Items:
No. of Hours:
43
7.25
25
11/6/95